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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 123/2021/ND-CP
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Hanoi, December 28, 2021
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DECREE
AMENDEMENTS TO SEVERAL ARTICLES OF DECREES PROVIDING FOR ADMINISTRATIVE
PENALTIES FOR MARITIME OFFENCES; ROAD TRAFFIC OFFENCES AND RAIL TRANSPORT
OFFENCES; CIVIL AVIATION OFFENCES
Pursuant to the Law on
Government Organization dated June 19, 2015; Law on Amendments to some Articles
of the Law on Government Organization and Law on Local Government Organization
dated November 22, 2019;
Pursuant to the Law on
Penalties for Administrative Violations dated June 20, 2015 and Law on
Amendments to the Law on Penalties for Administrative Violations dated November
13, 2020;
Pursuant to the
Vietnam Maritime Code dated November 25, 2015;
Pursuant to the Law on
Vietnam Civil Aviation dated June 29, 2006 and Law on Amendments to the Law on
Vietnam Civil Aviation dated November 21, 2014;
Pursuant to the Law on
Road Traffic dated November 13, 2008;
Pursuant to the Law on
Railway Transport dated June 16, 2017;
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The Government hereby
promulgates a Decree on amendments to several Articles of Decrees providing for
administrative penalties for maritime offences; road traffic offences and rail
transport offences; civil aviation offences.
Article
1. Amendments to some Articles of Government’s Decree No. 142/2017/ND-CP dated
December 11, 2017 on administrative penalties for maritime offences
1. Clauses 2 and 3 of
Article 1 are amended as follows:
“2. The administrative
maritime offences specified in this Decree consist of:
a) Offences against
regulations on construction, management and operation of maritime
infrastructure;
b) Offences against regulations
on construction, management and operation of dry depots;
c) Offences against
regulations on ship operations;
d) Offences against
regulations on against regulations on ship registration and deregistration and
seafarer assignment; use of certificates of competency and discharge books;
dd) Offences against
regulations on maritime pilotage;
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g) Offences against
regulations on eligibility requirements to be satisfied by ship building,
modification and repair facilities and ship-breakers;
h) Offences against
regulations on container safety;
i) Offences against
regulations on maritime search and rescue; marine salvage and aids to
navigation;
k) Offences against
regulations on training for seafarers;
l) Offences against
regulations on prevention of marine pollution;
m) Offences against
regulations on maritime labor; reporting of maritime occupational accidents;
n) Offences against
regulations on natural disaster management in the maritime field;
o) Offences against
regulations on prevention and control of infectious diseases in the maritime
field;
3. If the administrative
offences prescribed in clause 2 of this Article are committed outside the
seaport waters and are not prescribed in the Decree on administrative penalties
for offences committed within the territorial waters, islands and continental
shelf of the Socialist Republic of Vietnam, they shall be sanctioned in
conformity with regulations herein.”.
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“2a. The
organizations specified in clause 1 of this Article include:
a) Business organizations
established under regulations of law;
b) Social organizations,
socio-political organizations, socio-professional organizations and
socio-political-professional organizations;
c) Public service
providers and other organizations established under regulations of law.
2b. Household businesses
that are required to register their business as prescribed by law and
households shall incur the same penalties as those incurred by individuals
involved in commission of administrative offences specified in this Decree.”.
3. Article 3 is amended
as follows:
“Article 3.
Prescriptive time limits for imposing administrative penalties for offences
The prescriptive time
limits for imposition of penalties for maritime offences shall be 01 year; the prescriptive
time limits for imposition of administrative penalties for offences against
regulations on construction of seaports, dry depots, marine structures,
environmental protection, price management and management of overseas labor
shall be 02 years.”.
4. Article 3a is added
after Article 3 as follows:
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1. Completed
administrative offences include the following administrative offences:
a) Offences against regulations
on loading goods specified in point a clause 1, clause 2, clause 3 Article 16
of this Decree. The date on which an offence terminates begins from the date of
detecting the act of carrying cargo in excess of the permissible payload;
b) The offences detected
through technical and professional means and equipment. The date on which an
offence terminates begins from the date on which the technical and professional
means or equipment records the offence;
c) The administrative
offences specified in this Decree and not specified in points a and b of this
Article but had been completed before the competent person discovered such
offences. In the absence of any document or evidence determining the accurate
date on which the offences terminate, it will be considered that the
prescriptive time limit has not expired.
2. The administrative
offences specified in this Decree but not specified in clause 1 of this Article
are treated as in-progress ones.”.
5. Several clauses of
Article 4 are amended as follows:
a) Clause 2 of Article 4
is amended as follows:
“2. Depending on the
nature and severity of the offences, the violating entity may incur one or more
additional penalties below:
a) Suspension of the
license or practicing certificate;
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c) Confiscation of the
exhibits and instrumentalities involved in commission of administrative
offences, including certificates, licenses, written confirmation, written
permission and documents which are erased or altered to a degree that changes
their information or not issued by competent authorities and instrumentalities
involved in commission of administrative offences.”.
b) Clause 3 of Article 4
is amended as follows:
“3. Apart from the
remedial measures specified in points a, b and c clause 1 Article 28 of the Law
on Penalties for Administrative Violations, this Decree provides for remedial
measures as follows:
a) Enforced assignment of
sufficient seaport security officers in accordance with regulations; enforced
assignment of sufficient pilots in accordance with regulations; enforced
deployment of pilots in conformity with their certificate of maritime pilotage
competency or certificate of maritime pilotage area; enforced use or provision
of adequate boarding and landing equipment and facilities for pilots in
accordance with regulations or use of boarding and landing equipment and
facilities for pilots meeting safety requirements; enforced granting of rest
periods to seafarers in accordance with regulations; enforced making of
arrangements for repatriation of seafarers within
prescribed period;
b) Enforced possession of
a seaport security plan approved as prescribed;
c) Enforced inspection of
quality of port infrastructure by the prescribed deadline or after a collision
that affects the marine structure;
d) Enforced unloading of
the cargo exceeding permissible payload and exceeding dimensional limits or
compliance with the instructions given by law enforcement officers in the area
where the offence is detected;
dd) Enforced equipment of
life saving appliances or enforced equipment of suitable life saving appliances
in accordance with regulations;
e) Enforced establishment
of aids to navigation or enforced establishment of suitable aids to navigation
in accordance with regulations;
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h) Enforced guarantee of
readiness, continuous and stable operation of dredging control systems
installed on vehicles used for transporting and discharging dredged materials
during construction;
i) Enforced installation
of dredging control systems on vehicles used for transporting and discharging
dredged materials during construction;
k) Enforced possession or
correct implementation of the maritime safety plan or traffic safety plan
approved by the competent authority;
l) Enforced formulated of
a marine structure protection plan or enforced implementation of the approved
marine structure protection plan; formulation of a disaster response plan in
accordance with regulations;
m) Enforced use of the
dry depot’s name announced by the competent authority;
n) Enforced provision of
additional and accurate information;
o) Enforced payment of
maritime fees and charges and relevant costs in accordance with regulations;
enforced payment of salvage costs in accordance with regulations;
p) Enforced moving of
obstacles on a wharf surface to a designated location; enforced removal from
the operating area not suitable for the ship class;
q) Enforced
disembarkation of excess passengers in accordance with regulations; enforced
disembarkation of seafarers in case of offences against regulations on
assignment of foreign seafarers working on board Vietnamese ships;
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s) Enforced entry of
adequate and accurate electronic information on embarkation, disembarkation and
awarding of titles to seafarers to the seafarer database of the Vietnam
Maritime Administration according to regulations;
t) Enforced registration
of flying of the Vietnamese national ensign according to regulations; enforced
deregistration of ships according to regulations;
u) Enforced provision of
adequate and timely pilotage services in a compulsory pilotage area or on
designated navigation routes; enforced supply of necessities and foods to
seafarers working on board the ship; enforced provision of financial security
for the repatriation of seafarers;
uu) Enforced fulfillment
of the shipowner’s responsibilities towards seafarers who suffer occupational
accidents and occupational diseases; enforced purchase of compulsory insurance
for seafarers working on board the ship;
v) Enforced conclusion of
the seafarer employment contract in accordance with the work permit;
x) Enforced correction of
information about locations and status of ships in operation upon occurrence of
disasters;
y) Enforced payment of
costs of expert assessment, inspection, measurement and analysis of
environmental samples in case where an offence results in oil spill or
environmental pollution according to the applicable norms and unit prices.”.
c) Clause 5 is added
after clause 4 of Article 4 as follows:
“5. For an administrative
offence related to a ship about which the information is not available to serve
the conversion of its gross tonnage specified in clause 4 of this Article, the
method of determining the deadweight tonnage and capacity of a ship as the
basis for penalty imposition is as follows:
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- A is the value of the
of the main deck measured from the bow to rudder of the ship multiplied by the
breadth measured amidships multiplied by the depth measured from the upper
surface of keel to the surface of main deck amidships and is calculated using
the formula A = L x B x D, where:
L (m): Length of the main
deck measured from the bow to the stern.
B (m): Breadth measured
amidships;
D (m): Depth measured
from the upper surface of keel to the surface of main deck amidships;
- K: Coefficient
corresponding to value of A and determined as follows:
If value of A ranges from
4.55 m3 to 18.76 m3, K = 0.26;
If value of A ranges from
18.76 m3 to 49.80 m3, K = 0.29;
If value of A ranges from
49.80 m3 to 387.20 m3, K = 0.35;
If value of A ranges from
387.20 m3 to 1,119.80 m3, K = 0.51;
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b) If it is not a cargo
or passenger ship, rely on the total power of the main engine installed on the
shop to impose a penalty or fine. If the main engine power cannot be determined
or the engine does not have a label, the fine shall be imposed according to the
50 HP engine.
c) If deadweight tonnage
cannot be determined as prescribed in point a clause 5 of this Article, the
competent person shall request the registry to determine the deadweight tonnage
as the basis for making a penalty imposition decision.
d) For vehicles such as
floating decks or other floating structures on which dredgers, mining machines
or cargo-handling equipment are placed, their deadweight tonnage or capacity
shall be determined as follows (if the grounds for determination of deadweight
tonnage or capacity are not sufficient):
If the maximum length and
maximum breadth is 10 meters and 4 meters respectively, the deadweight tonnage
shall be from 05 to 15 tonnes;
If the maximum length and
maximum breadth is greater than 10 meters and 4 meters respectively, the
deadweight tonnage shall be greater than 15 tonnes;
The Length of a vehicle
is the distance between the tip of the bow and rudder or two outermost points
of the vehicle;
Breadth of a vehicle is
the distance at the widest point measured to the outer surface of the frames.”.
6. Article 7 is amended
as follows:
“Article 7. Offences
against regulations on announcement of the opening of a seaport, offshore oil
port, quay or wharf
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2. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for using a certificate,
license, written confirmation, written permission or document which is erased
or altered to a degree that changes its information or which is not issued by a
competent authority to apply for announcement of the opening of a port, offshore
oil port, quay or wharf.
3. Additional penalties:
Confiscate the certificate, license, written confirmation, written permission
or document which is erased or altered to a degree that changes its information
or which is not issued by a competent authority if the offence in clause 2 of
this Article is committed.”.
7. Several points and
clauses of Article 10 are amended as follows:
a) Points i and k are
added after point h clause 5 of Article 10 as follows:
“i) Failure to fully
archive documents serving management, operation and maintenance of marine
structures;
k) Failure to inspect
vehicles, loading and unloading equipment, specialized vehicles and machinery
or operating vehicles, loading and unloading equipment, specialized vehicles
and machinery inside a port without inspecting them according to regulations.”;
b) Point d clause 6 of
Article 10 is amended as follows:
“d) Failure to inspect
quality of port infrastructure by the prescribed deadline or after a collision
that affects the marine structure;”;
c) Clause 7 of Article 10
is amended as follows:
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a) Suspend the docking of
the ships operating on international voyages into the seaport for 01 - 03
months if any of the offences specified in points d and e clause 5 and point c
clause 6 of this Article is committed;
b) Suspend the docking of
the ship into the seaport for 01 - 03 months if the offence specified in point
d clause 6 of this Article is committed.”;
d) Clause 8 is added
after clause 7 of Article 10 as follows:
“8. Remedial measures:
The violator is compelled
to:
a) Assign adequate
seaport security officers as prescribed if the offence specified in point e
clause 5 of this Article is committed;
b) Have an approved
seaport security plan adequate seaport as prescribed if the offence specified
in point c clause 6 of this Article is committed;
c) Inspect quality of
port infrastructure by the prescribed deadline or after a collision that
affects the maritime structure if the offence specified in point d clause 6 of
this Article is committed.”.
8. Article 12 is amended
as follows:
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1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
offences:
a) Failure to equip life
saving appliances or equipping unsuitable life saving appliances as prescribe;
b) Failure to inform the
port authority of any other structures constructed within the seaport waters;
c) Establishing aids to
navigation which are inadequate or unsuitable or fail to operate or incorrectly
indicate the position where the construction is in progress;
d) Causing obstruction to
operation of navigational channels due to anchoring construction vessels and
other ships serving the construction outside the permitted areas;
dd) Failure to record the
results of dredging and discharge of dredged materials or failure to make
entries in the construction logbook as prescribed; failure to submit periodical
reports to the port authority and the Vietnam Maritime Administration on the
status and results of execution of project on dredging of navigational channels
and dedicated waters in the seaport waters in association with re-use of
dredged materials as prescribed;
e) Placing cages or
vehicles serving fishery and aquaculture activities and exploitation of natural
resources within the seaport waters or navigational channels without obtaining
an approval from the port authority or failure to place them in the designated
locations or within the approved time limit;
g) Setting bottom
gillnets within the seaport waters or navigational channels.
2. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
offences:
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b) Failure to carry out construction
within the time limit specified in the construction permit issued by the
competent authority as prescribed;
c) Failure to apply for
an approval from the port authority as prescribed before using specialized
means and equipment for performing survey, dredging, installation of aids to
navigation and other activities within the seaport waters;
d) Failure to clear or
remove obstacles upon the completion of construction;
dd) Failure to
sufficiently implement the maritime safety plan or traffic safety plan approved
by the competent authority;
e) Creating obstacles
within the seaport 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
meet mandatory technical specifications or that is not at the ready for operation
or fails to operate continuously and stably;
h) Failure to organize
supervision of construction and discharge of dredged materials as prescribed.
3. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
offences:
a) Failure to establish
aids to navigation as prescribed;
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c) Failure to implement
or incorrectly implementing the maritime safety plan or traffic safety plan
approved by the competent authority.
4. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for carrying out construction
in a case other than that specified in point a clause 5 of this Article before
obtaining a license or written approval from a competent authority as
prescribed.
5. A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for any of the following
offences:
a) Carrying out
construction in a case where an economic-technical report on construction or
construction project is mandatory before obtaining a license or written
approval from a competent authority as prescribed;
b) Failure to construct a
structure according to the appraised and approved design;
c) Failure to have a
maritime safety plan or traffic safety plan as prescribed.
6. A fine ranging from
VND 50,000,000 to VND 60,000,000 shall be imposed for failure to construct a
structure in conformity with the approved planning.
7. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed for any of the following
offences:
a) Carrying out
construction without obtaining permission from a competent authority and
causing an accident;
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c) Failure to have or
incorrectly implementing the maritime safety plan or traffic safety plan
approved by the competent authority and thus causing an accident.
8. Remedial measures:
The violator is compelled
to:
a) Equip life saving
appliances or equip suitable life saving appliances in accordance with
regulations if the offence specified in point a clause 1 of this Article is
committed;
b) Establish adequate and
suitable aids to navigation as prescribed if the offence specified in point c
clause 1 of this Article is committed;
c) Relocate bottom
gillnets, cages or vehicles serving fishery and aquaculture activities and
exploitation of natural resources within the seaport waters or navigational
channels which are not located in designated locations if any of the offences
specified in points e and g clause 1 of this Article is committed;
d) Restore to the
original condition which has been altered due to one of the offences prescribed
in point d clause 1 and point e clause 2 of this Article;
dd) Dismantle the
illegally constructed structure if any of the offences prescribed in point a
clause 2, clause 4, clause 5, clause 6 and points a and b clause 7 of this
Article is committed;
e) Guarantee of readiness,
continuous and stable operation of dredging control systems installed on
vehicles used for transporting and discharging dredged materials during
construction if the offence specified in point g clause 2 of this Article is
committed;
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h) Have the maritime
safety plan or traffic safety plan approved by the competent authority if any
of the offences specified in point c clause 5 and point c clause 7 is
committed; implement or correctly implement the maritime safety plan or traffic
safety plan approved by the competent authority if any of the offences
specified in point c clause 5 and point c clause 7 is committed.”.
9. Article 15 is amended
as follows:
“Article 15. Offences
against regulations on verification of gross mass of containers used in
maritime transport
A fine ranging from VND
10,000,000 to VND 20,000,000 shall be imposed for any of the following
offences:
1. Failure to weigh a
container to verify its gross mass as prescribed.
2. Failure to provide the
verified container gross mass certificate as prescribed.”.
10. Article 16 is amended
as follows:
“Article 16. Offences
against regulations on loading goods onto motor vehicles within the port land
area
1. A fine ranging from
VND 500,000 to VND 1,000,000 shall be imposed for any of the following
offences:
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b) Loading cargo onto a
motor vehicle without certifying the loading on the transport order as
prescribed.
2. A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed for loading cargo onto a motor
vehicle (including trailers and semi-trailers) beyond the permissible payload
written in the Certificate of technical and environmental safety inspection by
> 50% - 100%.
3. A fine ranging from
VND 4,000,000 to VND 5,000,000 shall be imposed for loading cargo onto a motor
vehicle (including trailers and semi-trailers) beyond the permissible payload
written in the Certificate of technical and environmental safety inspection by
> 100%.
4. A fine ranging from
VND 5,000,000 to VND 7,000,000 shall be imposed for loading oversized cargo
onto a vehicle without a transport permit or expired transport permit or with a
transport permit not issued by the competent authority.
5. Remedial measures: The
violator is compelled to unload the cargo exceeding permissible payload if the
motor vehicle has not left the loading area if any of the offences specified in
point a clause 1, clauses 2 and 3 of this Article is committed.”.
11. Article 17 is amended
as follows:
“Article 17. Offences
committed by operators of motor vehicles and the like within the port land area
1. A fine ranging from VND
800,000 to VND 1,000,000 shall be imposed for operating a motor vehicle and the
like in excess of the speed limit by 05 km/h to less than 10 km/h.
2. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for operating a motor vehicle
and the like in excess of the speed limit by 10 km/h to 20 km/h.
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a) Operating the motor
vehicle and the like in excess of the speed limit by more than 20 km/h to 35
km/h;
b) Operating the motor
vehicle and the like while BAC does not exceed 50 mg per 100 ml of blood or
BrAC does not exceed 0.25 mg per liter of breath.
4. A fine ranging from
VND 10,000,000 to VND 12,000,000 shall be imposed for operating a motor vehicle
and the like in excess of the speed limit by > 35 km/h.
5. A fine ranging from
VND 16,000,000 to VND 18,000,000 shall be imposed for operating a motor vehicle
and the like while BAC exceeds 50 - 80 mg per 100 ml of blood or BrAC exceeds
0.25 - 0.4 mg per liter of breath.
6. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for operating a motor vehicle
and the like while BAC exceeds 80 mg per 100 ml of blood or BrAC exceeds 0.4 mg
per liter of breath.
7. Additional penalties:
a) Suspend the driver’s
license for 01 - 03 months if the offence specified in clause 2 of this Article
is committed;
b) Suspend the driver’s license
for 02 - 04 months if any of the offences specified in point a clause 3, clause
4 of this Article is committed;
c) Suspend the driver’s
license for 10 - 12 months if the offence specified in point b clause 3 of this
Article is committed;
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dd) Suspend the driver’s
license for 22 - 24 months if the offence specified in clause 6 of this Article
is committed.”.
12. Article 20 is amended
as follows:
“Article 20.
Offences against regulations on use of certificate of eligibility for
commercial operation of seaport and conditions for commercial operation of a
seaport
1. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for operating a seaport against
the certificate of eligibility for commercial operation of seaport issued by
the competent authority as prescribed.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
offences:
a) Failure to formulate
an 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 have
environmental protection-related documents approved by competent authorities as
prescribed;
d) Failure to have
adequate facilities, warehouses, storage yards and other necessary equipment
that meet the national technical regulations applicable to seaports or failure
to enter into a warehouse or storage yard lease contract in case where the
seaport does not have sufficient warehouse or storage yard as prescribed;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Failure to provide
adequate human resources, systems, structures or equipment for management and
treatment of waste generated within the seaport area as prescribed.
3. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
offences:
a) Operating a seaport
against the certificate of eligibility for commercial operation of seaport
issued by the competent authority as prescribed;
b) Erasing or altering
the certificate of eligibility for commercial operation of seaport to a degree
that changes its information;
c) Using one of the
documents: certificate, license, written confirmation, written permission or
document which is erased or altered to a degree that changes its information or
which is not issued by a competent authority to apply for the certificate of
eligibility for commercial operation of seaport;
d) Buying, selling,
leasing, leasing out, borrowing or lending the certificate of eligibility for
commercial operation of seaport.
4. Additional penalties:
a) Suspend the
certificate of eligibility for commercial operation of seaport for 01 - 03
months if the offence specified in clause 2 of this Article is committed;
b) Confiscate the
certificate, license, written confirmation, written permission or document
which is erased or altered to a degree that changes its information or which is
not issued by a competent authority in the application for the certificate of
eligibility for commercial operation of seaport and the certificate of
eligibility for commercial operation of seaport if any of the offences specified
in points b and c clause 3 of this Article is committed.”.
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“Article 21. Offences
against regulations on listing of freights and surcharges of ocean container
shipping services and seaport service charges
1. A fine ranging from
VND 500,000 to VND 1,000,000 shall be imposed for any of the following
offences:
a) Failure to list the
freights and surcharges of ocean container shipping services and seaport
service charges at the place where the listing is mandatory;
b) Listing freights and
surcharges of ocean container shipping services and seaport service charges in
incorrect currency;
c) Failure to notify the
Vietnam Maritime Administration in writing of the website on which the freights
and charges are listed; failure to promptly, accurately and sufficiently
relevant data and documents as requested in writing by the competent authority.
2. A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for failure to announce the increase
in the freights and surcharges of ocean container shipping services for at
least 15 consecutive days before increasing.”.
14. Title of Section 3 in
Chapter II is amended as follows:
“Section 3. OFFENCES
AGAINST REGULATIONS ON SHIP OPERATIONS”.
15. Article 32 is amended
as follows:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for providing insufficient or
false information in the notice or confirmation of ship’s arrival at or
departure from a seaport or the general declaration or the crew list or the
passenger list as prescribed.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
offences:
a) Initiating the
procedures for ship’s arrival at, departure from or transit through a seaport
after the prescribed deadline;
b) Failure to initiate
the procedures for re-issuance of a port clearance permit in case it is expired
as prescribed.
3. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
offences:
a) Within the prescribed
time limit, failure to provide one of the mandatory certificates or documents
or providing an inappropriate certificate or document when following the
procedures for ship’s arrival at, departure from or transit through a seaport;
b) Failure to provide or
insufficiently providing documents related to the carriage of dangerous cargo
onboard the ship as regulated;
c) Failure to provide or
insufficiently providing documents or certificates concerning environmental
pollution prevention; documents or certificates concerning ballast water
management; anti-fouling system as prescribed;
d) Failure to provide the
original or certified true copy of the bank guarantee given by a credit
institution or foreign bank branch on payment of repatriation costs to
seafarers as prescribed;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
e) Loading or unloading
cargo without permission or letting seafarers, passengers or other unauthorized
persons embark without permission before completing the entry procedures or
disembark without permission after completing exit procedures as prescribed.
4. The following fines
shall be imposed for failure to have an effective shipowner’s liability
insurance certificate or effective financial security certificate if the ship
carries passengers, petroleum, petroleum products or other dangerous cargo as:
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; the ship which carries petroleum, petroleum products or
other dangerous cargo and has gross tonnage of less than 200 GT;
b) A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed on the ship carrying 50 to
less than 100 passengers; the ship which carries petroleum, petroleum products
or other dangerous cargo 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 to
less than 300 passengers; the ship which carries petroleum, petroleum products
or other dangerous cargo 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; the ship which carries petroleum, petroleum products or
other dangerous cargo and has gross tonnage of 3,000 GT or more;
5. The following fines
shall be imposed for failure to obtain the last port clearance certificate as
prescribed or 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 less than 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;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) A fine ranging from
VND 40,000,000 to VND 80,000,000 shall be imposed on a ship of 3,000 GT or
more.
6. A fine ranging from
VND 80,000,000 to VND 100,000,000 shall be imposed on a foreign-flagged ship
for engaging in inland waterway transport or carrying out specific activities
without obtaining permission from a competent authority as prescribed.
7. Additional penalties:
Suspend the master’s certificate of competency for 03 - 06 months if any of the
offences prescribed in clause 5 of this Article is committed.
8. Remedial measures:
The violator is compelled
to:
a) Provide additional and
accurate information if the offence specified in clause 1 of this Article is
committed;
b) Pay maritime fees and charges
and relevant costs as prescribed if the offence specified in clause 5 of this
Article is committed.”.
16. Title of Section 4 in
Chapter II is amended as follows:
“Section 4. OFFENCES
AGAINST REGULATIONS ON REGISTRATION AND DEREGISTRATION OF SHIPS, PUBLIC SERVICE
SHIPS, SUBMARINES, SUBMERSIBLES, FLOATING STORAGE UNITS AND MOBILE OFFSHORE
DRILLING UNITS AND SEAFARER ASSIGNMENT; USE OF CERTIFICATES OF COMPETENCY AND
DISCHARGE BOOKS”.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
“Article 40. Offences
against regulations on registration and deregistration; use of certificates of
ships, public service ships, submarines, submersibles, floating storage units
and mobile offshore drilling units
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
offences:
a) Failure to register
changes as prescribed;
b) Failure to register
changes to the ship ownership after the ship is sold or purchased or in case of
transfer of ownership;
c) Failure to change the
Minimum Safe Manning Certificate upon change of the managing or operating
enterprise;
d) Providing false
information; using a document which is erased or altered or which is not issued
by a competent authority to apply for the certificate;
dd) Vietnamese ship
owner’s failure to send the copy of the registration certificate to the Vietnam
National Registry of Ships for management when registering flying of the
foreign national ensign;
e) Failure to register
flying of the Vietnamese national ensign as prescribed with respect to the purchased
or newly built ship of a state-owned enterprise or state-invested enterprise;
g) Failure to carry out
deregistration as prescribed.
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a) Operating a ship,
public service ship, submarine, submersible, floating storage unit or mobile
offshore drilling unit before obtaining a certificate;
b) Using one of the
certificates of a ship, public service ship, submarine, submersible, floating
storage unit or mobile offshore drilling unit or the certificate which is
erased or altered to a degree that changes its information or which is not
issued by a competent authority.
3. Additional penalties: Confiscate
the exhibits involved in commission of administrative offences if any of the
offences prescribed in point d clause 1 and point b clause 2 of this Article is
committed.
4. Remedial measures:
The violator is compelled
to:
a) Follow procedures for registering
flying of the Vietnamese national ensign officers as prescribed if the offence
specified in point e clause 1 of this Article is committed;
b) Follow procedures for
ship deregistration if the offence specified in point g clause 1 of this
Article is committed.”.
18. Article 42 is amended
as follows:
“Article 42. Offences
against regulations seafarer assignment, use of certificates of competency,
practicing certificates and seaman’s discharge books
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Failure to make
entries or making insufficient or inaccurate entries in the seaman’s discharge
book (hereinafter referred to as “discharge book”) as prescribed;
b) Failure to carry
practicing certificate, certificate of competency and discharge book when
working onboard a ship as prescribed.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
offences:
a) Assigning a seafarer who
does not have a certificate of competency, practicing certificate and discharge
book or who uses the expired certificate of proficiency and practicing
certificate to work onboard a ship; awarding a seafarer a title which is not
conformable with his certificate of competency or practicing certificate;
b) Failure to assign
duties to a seafarer in conformity with his title specified in the discharge
book;
c) Failure to enter or
inaccurately entering electronic information on embarkation, disembarkation and
awarding of titles to seafarers to the seafarer database of the Vietnam
Maritime Administration according to regulations
3. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for buying, selling, leasing,
leasing out, borrowing or lending the certificate of competency, practicing
certificate or discharge book.
4. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following
offences:
a) Using the certificate
of competency, practicing certificate or discharge book which is not issued by
the competent authority or has been erased or altered;
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c) Providing false
information or using documents which have been altered or are not issued by the
competent authority when applying for issuance or re-issuance of the
certificate of competency, practicing certificate or discharge book.
5. Additional penalties:
a) Suspend the practicing
certificate or certificate of competency for 06 - 12 months if the offence in
clause 3 of this Article is committed;
b) Confiscate the
practicing certificate, certificate of competency or discharge book if any of
the offences in clause 4 of this Article is committed.
6. Remedial measures: The
violator is compelled to enter adequate and accurate electronic information on
embarkation, disembarkation and awarding of titles to seafarers to the seafarer
database of the Vietnam Maritime Administration according to regulations if the
offence in point c clause 2 of this Article is committed.”.
19. Article 44 is amended
as follows:
“Article 44. Offences
against regulations on assignment of pilots
1. A fine ranging from
VND 2,000,000 to VND 5,000,000 shall be imposed for any of the following
offences:
a) Sending the daily
pilotage plan after the prescribed deadline or failure to give a notification
of any unexpected changes to the pilotage plan to the port authority;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. A fine ranging from
VND 6,000,000 to VND 10,000,000 shall be imposed for any of the following
offences:
a) Assigning a pilot to
navigate a ship with an inappropriate certificate of maritime pilotage
competency or inappropriate certificate of maritime pilotage area;
b) Failure to
sufficiently and promptly 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 use or to
provide adequate boarding and landing equipment and facilities for pilots as
regulated or for use 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. Remedial measures:
The violator is compelled
to:
a) Assign a pilot to
navigate the ship with an appropriate certificate of maritime pilotage
competency or appropriate certificate of maritime pilotage area if the offence
specified in point a clause 2 of this Article is committed;
b) Sufficiently and
promptly render pilotage services in the compulsory pilotage area or on designated
navigation routes if the offence specified in point b clause 2 of this Article
is committed;
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d) Provide adequate
pilots or required facilities/equipment as regulated if the offence specified
in clause 4 of this Article is committed.”.
20. Article 45 is amended
as follows:
“Article 45. Offences
against regulations committed by a pilot during pilotage
1. A fine ranging from
VND 4,000,000 to VND 6,000,000 shall be imposed upon a pilots for one of the
following offences:
a) Failure to promptly
inform the port authority of any maritime accident or incident or change to
navigational channels or aids to navigation found during the pilotage;
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 promptly
inform the port authority of the ship operating in excess of the speed limit in
a restricted speed zone and sailing against the traffic flow of a one-way
channel or dodging and overtaking in the area 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 pilot a
ship to enter or leave the port or maneuver according to the dispatching plan
of the port authority or failure to pilot the designated ship without giving
legitimate reasons;
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g) Failure to wear
maritime pilot uniforms as prescribed upon pilotage.
2. A fine ranging from
VND 6,000,000 to VND 8,000,000 shall be imposed upon a pilot whose BAC does not
exceed 50 mg per 100 ml of blood or whose BrAC does not exceed 0.25 mg per
liter of breath or who uses other stimulants banned by law when piloting a ship.
3. A fine ranging from
VND 10,000,000 to VND 16,000,000 shall be imposed upon a pilot who:
a) Pilots the ship to
anchor or berth at the wharf or maneuver within the port waters without
receiving the dispatching order from the port authority or at a position other
than the one designated by the port authority; or
b) Refuses to pilot the
ship without giving legitimate reasons or failure to promptly inform the port
authority or the maritime pilotage service provider of his refusal to pilot the
ship; or
c) Pilots the ship on an
unannounced navigational channel without permission; or
d) Causes a less serious
maritime accident due to his mistake.
4. A fine ranging from
VND 16,000,000 to VND 18,000,000 shall be imposed upon a pilot whose BAC
exceeds 50 - 80 mg per 100 ml of blood or whose BrAC exceeds 0.25 - 0.4 mg per
liter of breath when piloting a ship.
5. A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed upon a pilot who:
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b) Instruct the master to
operate the ship exceeding the speed limit by 01 - 02 nautical miles/hour.
6. A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed upon a pilot who:
a) Causes an extremely
serious maritime accident due to his mistake; or
b) Instructs the master
to operate the ship exceeding the speed limit by more than 02 nautical
miles/hour or sail against the traffic flow of a one-way channel or dodge and
overtake in the area where dodging and overtaking are banned; or
c) Has BAC exceeding 80
mg per 100 ml of blood or BrAC exceeding 0.4 mg per liter of breath when
piloting a ship.
7. Additional penalties:
a) Suspend the
certificate of maritime pilotage competency for 03 - 06 months if any of the
offences specified in clause 2 and point a clause 5 of this Article is
committed;
b) Suspend the
certificate of maritime pilotage competency for 06 - 09 months if any of the
offences specified in clause 4 and point a clause 6 of this Article is
committed;
c) Suspend the
certificate of maritime pilotage competency for 09 - 12 months if the offence
specified in point c clause 6 of this Article is committed.”.
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“Article 46. Offences
against regulations on conditions for provision of maritime transport services,
multimodal transport services, auxiliary services for maritime transport
1. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for failure to provide
multimodal transport services against the license issued by the competent authority
as prescribed.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
offences:
a) Providing multimodal
transport services without the license issued by the competent authority as
prescribed;
b) Failure to satisfy
mandatory requirements when providing maritime transport services, shipping
agency services or towage services.
3. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for keep running business
upon receipt of a competent authority's decision on suspension of business
operations or the license or certificate of eligibility to provide services.
4. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
offences:
a) Erasing or altering
the license or certificate of eligibility to provide services classified as
conditional business lines to a degree that changes its information;
b) Using any of the
documents which is erased or altered to a degree that changes its information
or is not issued by the competent authority to apply for the license or
certificate of eligibility to provide services classified as conditional
business lines;
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5. Additional penalties:
a) Suspend the license to
provide services for 01 - 03 months if the offence specified in point c clause
2 of this Article is committed in the case of repeating the offence after or
before penalty imposition;
b) Confiscate the license
or certificate of eligibility to provide services if any of the offences
specified in points a and b clause 4 of this Article is committed.”.
22. Clause 4 and point b
clause 5 of Article 47 are amended as follows:
a) Clause 4 of Article 47
is amended as follows:
“4. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
offences:
a) Erasing or altering
the license to import marine flares to a degree that changes its information;
b) Using any of the
documents which is erased or altered to a degree that changes its information
or is not issued by the competent authority to apply for designation of ship
navigation route or the license to import marine flares;
c) Buying, selling,
leasing, leasing out, borrowing or lending the license to import marine
flares.”.
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“b) Confiscate the
license to import marine flares if any of the offences specified in points a
and b clause 4 of this Article is committed.”.
23. Point e is added
after point dd clause 2 and point e is added after point dd clause 5 of Article
48 as follows:
a) Point e is added after
point dd clause 2 of Article 48 as follows:
“e) Failure to make
arrangements for repatriation of seafarers by the prescribed deadline.”;
b) Point e is added after
point dd clause 5 of Article 48 as follows:
“e) Make arrangements for
repatriation of seafarers by the prescribed deadline as prescribed in point e
clause 2 of this Article.”.
24. Clause 1 of Article
51 is amended as follows:
“1. A fine ranging from
VND 30,000,000 to VND 60,000,000 shall be imposed for any of the following
offences:
b) Failure to break the
ship within the prescribed time limit;
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25. Title of Section 11
in Chapter II is amended as follows:
“Section 11. OFFENCES
AGAINST REGULATIONS ON PREVENTION OF MARINE POLLUTION”.
26. Article 57 is amended
as follows:
“Article 57. Offences
against regulations on oil spill response
1. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
offences:
a) Causing an oil spill
or failing to promptly report to the competent authority in charge of receiving
oil spill-related information upon the detection of an oil spill accident as
regulated;
b) Failure to update or
supplement the oil spill response plan as prescribed;
c) Failure to notify the
oil spill response plan approved by the competent authority to authorities,
units and local governments concerned for cooperation in implementation
thereof.
2. A fine ranging from
VND 10,000,000 to VND 30,000,000 shall be imposed for any of the following
offences:
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b) Failure to undergo
practical training in oil spill response in accordance with regulations.
3. A fine ranging from
VND 30,000,000 to VND 50,000,000 shall be imposed for failure to promptly
report to a competent authority for assistance in case the oil spill is beyond
the capacity of an establishment’s capacity or local resources are not affordable
for response activities as prescribed.
4. Penalties for offences
involving in petrol and oil production, trading and services that pose a risk
of causing oil spills on land at a less severe level are as follows:
a) A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for failure to notify the
approved oil spill response plan to the district-level People’s Committee for
cooperation in implementation thereof;
b) A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for failure to invest in or
enter into contracts to get prepared for response to oil spills with
establishments that have means and equipment used for response activities or
with Regional Oil Spill Response Centers at the level commensurate with
possibilities of oil spill occurring in areas under jurisdiction to promptly
mobilize means, equipment and supplies to carry out response activities as
prescribed;
c) A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for failure to get ready to
mobilize means, equipment and supplies to participate in cooperation in
response to and remediation of consequences of oil spills at the request of
competent authorities;
b) A fine ranging from
VND 20,000,000 to VND 25,000,000 shall be imposed for failure to have the oil
spill response plan approved by the district-level People’s Committee or the
supervisory authority as prescribed;
dd) A fine ranging from
VND 25,000,000 to VND 30,000,000 shall be imposed for failure to formulate an
emergency plan to respond to oil spills and form forces to ensure timely and
effective prevention of and response to oil spills at the level corresponding
to the possibility of oil spills caused by establishments.
5. Penalties for the
offences in relation to activities of gasoline stockpiles, warehouses or
storage facilities with total reserve volume of 50,000 m3 or more
and petrol and oil ports capable of receiving ships with a tonnage of 50,000
DWT or more are as follows:
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b) A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for failure to lead and
command their own forces, means and equipment or those stated in oil spill
response contracts to carry out response activities in a timely manner; failure
to get ready to mobilize means, equipment and supplies to participate in
cooperation in response to and remediation of consequences of oil spills at the
request of competent authorities;
c) A fine ranging from
VND 50,000,000 to VND 60,000,000 shall be imposed for failure to have the oil
spill response plan approved by the National Committee for Search and Rescue as
prescribed;
d) A fine ranging from
VND 60,000,000 to VND 70,000,000 shall be imposed for failure to formulate an
emergency plan to respond to oil spills and form forces to ensure timely and
effective prevention of and response to oil spills at the level corresponding
to the possibility of oil spills which they cause.
6. Penalties for the
offences in relation to activities of local ports, gasoline stockpiles,
warehouses or storage facilities with a total reserve volume of less than
50,000 m3, petrol and oil ports capable of receiving the ship of
less than 50,000 DWT are as follows:
a) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for failure to invest in or
enter into contracts to get prepared for response to oil spills with
establishments that have means and equipment used for response activities or
with Regional Oil Spill Response Centers at the level commensurate with
possibilities of oil spill occurring in areas under jurisdiction to promptly
mobilize means, equipment and supplies to carry out response activities as
prescribed;
b) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for failure to lead and
command their own forces, means and equipment or those stated in oil spill
response contracts to carry out response activities in a timely manner; failure
to get ready to mobilize means, equipment and supplies to participate in
cooperation in response to and remediation of consequences of oil spills at the
request of competent authorities;
c) A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for failure to have the oil
spill response plan approved by the provincial People’s Committee as
prescribed;
d) A fine ranging from
VND 50,000,000 to VND 60,000,000 shall be imposed for failure to formulate an
emergency plan to respond to oil spills and form forces to ensure timely and
effective prevention of and response to oil spills at the level corresponding
to the possibility of oil spills which they cause.
7. Penalties for offences
involving activities of investors in ports, owners of establishments and
project owners that pose a risk of causing oil spills are as follows:
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b) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for failure to lead and
command their own forces, means and equipment or those stated in oil spill
response contracts to carry out response activities in a timely manner; failure
to get ready to mobilize means, equipment and supplies to participate in
cooperation in response to and remediation of consequences of oil spills at the
request of competent authorities; failure to monitor activities with high risk
of oil spills occurring within their remit in order to promptly implement
appropriate response measures; failure to fully conform to the requirements and
instructions of competent authorities in order to prevent or minimize damage
caused by oil pollution upon occurrence of an oil spill.
c) A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for failure to have the oil
spill response plan approved by the provincial People’s Committee as
prescribed; failure to rework the oil spill response plan for submission to a
competent authority for approval;
d) A fine ranging from
VND 50,000,000 to VND 60,000,000 shall be imposed for failure to formulate an
emergency plan to respond to oil spills and form forces to ensure timely and
effective prevention of and response to oil spills at the level corresponding
to the possibility of oil spills which they cause.
8. Penalties for offences
involving offshore petroleum activities that pose a risk of causing oil spills
are as follows:
a) A fine ranging from
VND 20,000,000 to VND 30,000,000 shall be imposed for failure to notify the
approved oil spill response plan to the People's Committee of provinces at risk
of being affected by incidents that may occur at establishments or projects;
b) A fine ranging from
VND 30,000,000 to VND 40,000,000 shall be imposed for failure to invest in or
enter into contracts to get prepared for response to oil spills with
establishments that have means and equipment used for response activities or
with Regional Oil Spill Response Centers at the level commensurate with
possibilities of oil spill occurring in areas under jurisdiction to promptly
mobilize means, equipment and supplies to carry out response activities as
prescribed;
c) A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for failure to get ready to
mobilize means, equipment and supplies to participate in cooperation in
response to and remediation of consequences of oil spills at the request of
competent authorities;
d) A fine ranging from
VND 50,000,000 to VND 60,000,000 shall be imposed for failure to have the oil
spill response plan approved by the National Committee for Search and Rescue as
prescribed;
dd) A fine ranging from
VND 60,000,000 to VND 70,000,000 shall be imposed for failure to formulate an
emergency plan to respond to oil spills and form forces to ensure timely and
effective prevention of and response to oil spills at the level corresponding to
the possibility of oil spills caused by establishments.
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a) A fine ranging from
VND 15,000,000 to VND 25,000,000 shall be imposed for failure to notify the
plan for oil transshipment between tankers at sea so as for the competent
authority to carry out supervision and adopt timely response measures upon
occurrence of an oil spill as prescribed;
b) A fine ranging from
VND 25,000,000 to VND 35,000,000 shall be imposed for failure to have the oil
pollution response plan approved by a competent authority of the Ministry of
Transport with respect to the oil tankers flying the Vietnamese national ensign
with a gross tonnage of 150 GT or more and other ships other than oil tankers
with a gross tonnage of 400 GT or more;
c) A fine ranging from
VND 35,000,000 to VND 45,000,000 shall be imposed for failure to have the oil
pollution response plan approved by a competent authority of the Ministry of
Transport with respect to the oil tankers flying the Vietnamese national ensign
engaged in the transshipment of oil between tankers at sea;
d) A fine ranging from
VND 45,000,000 to VND 55,000,000 shall be imposed for carrying out transshipment
of oil between tankers at sea without obtaining consent from the National
Contact Point or port authority as prescribed;
dd) A fine ranging from
VND 55,000,000 to VND 65,000,000 shall be imposed for failure to buy insurance
or maintain other financial security in respect of civil liability as required
by laws in order to compensate for damage caused by the oil pollution as
regulated.
10. Remedial measures:
The violator is compelled
to:
a) Pay the costs of
expert assessment, inspection, measurement and analysis of environmental
samples in case where an offence results in oil spill or environmental
pollution according to the applicable norms and unit prices if any of the
offences specified in this Article is committed;
b) Implement remedial
measures for environmental pollution and submit a remedial action completion
report, and compensate for damage caused by the oil pollution as regulated
within the time limit specified by the person who has the power to impose
penalties in the decision on imposition of penalties for administrative
offences if any of the offences prescribed in clauses 8 and 9 of this Article
is committed.”.
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“Article 58 a.
Offences against regulations on management of collection and treatment of waste
from ships within seaport waters
1. A fine ranging from
VND 500,000 to VND 1,000,000 shall be imposed for any of the following
offences:
a) Failure to post or
incorrectly posting the list of organizations and individuals that have signed
contracts for provision of waste collection and treatment services and prices
of waste collection and treatment services as prescribed;
b) Failure to submit a
report on management of collection and treatment of waste from ships within
seaport waters as prescribed;
2. A fine ranging from
VND 5,000,000 to VND 8,000,000 shall be imposed:
a) upon a ship’s
declarant who fails to declare or incorrectly declare information about the
waste to be treated to the port authority as prescribed; or
b) for causing drop,
dispersion or leakage of waste during the collection thereof from ships.
4. Remedial measures:
The violator is compelled
to:
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b) Submit the report on
management of collection and treatment of waste from ships as prescribed if the
offence specified in point b clause 1 of this Article is committed;
c) Declare or incorrectly
declare information about the waste to be treated to the port authority as
prescribed if the offence specified in point a clause 2 of this Article is
committed;
d) Implement the measures
to remediate environmental pollution caused by the drop, dispersion or leakage
of waste during collection of waste from ships if the offence specified in
point b clause 2 of this Article is committed.”.
28. Article 58b is added
after Article 58a as follows:
“Article 58b.
Offences against regulations on prevention of pollution caused by ships
1. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following
offences:
a) Failure to provide
equipment for storing and classifying garbage as prescribed or failure to store
garbage at the designated place;
b) Removing rust, old
paint and coatings from the ship without obtaining permission from the port
authority;
c) Failure to assign any
person to stand watch on the deck and at the fuel receiving area upon ship
refueling;
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2. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following
offences:
a) Carrying out transfer
or receipt of fuel between the ship and other vehicles without obtaining
permission from the port authority as prescribed;
b) Failure to have
oily-water separating equipment or oily-water filtering equipment or having one
that cannot be used;
c) Failure to adhere to
one of the technical safety procedures or rules for fuel receipt;
d) Letting other ships
come alongside while carrying out ship-to-ship transfer of fuel;
dd) Operation of garbage
or waste incinerator within a seaport or use of fuel oil with sulphur content
in excess of the permissible limits for operating the main engine or generator
engine;
e) Failure to make
entries in the oil and other hazardous substance record book as prescribed.
3. A fine ranging from
VND 90,000,000 to VND 100,000,000 shall be imposed for failure to pumping or
discharging types of waste from a ship to the wharf or within seaport waters
against regulations.
4. Remedial measures: The
violator is compelled to implement remedial measures to prevent pollution
caused by ships if any of the offences specified in clauses 1, 2 and 3 of this
Article is committed.”.
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“Article 58c.
Offences against regulations control of harmful anti-fouling systems on ships
1. A fine ranging from
VND 90,000,000 to VND 100,000,000 shall be imposed for any of the following
offences:
a) Applying harmful
anti-fouling systems at ports, shipbuilders and shiprepairers;
b) Disposal of wastes
generated from application or removal of a harmful anti-fouling system against
regulations into the environment.
2. Additional penalties:
Suspend the operation of the port enterprises, shipbuilders and shiprepairers
for 03 - 06 months if any of the offences specified in clause 1 of this Article
is committed.
3. Remedial measures: The
violator is compelled to implement measures to remediate the environmental
pollution caused by offences specified in clause 1 of this Article.”.
30. Article 58d is added
after Article 58c as follows:
“Article 58d.
Offences against regulations management and control of ships’ ballast water and
sediments
1. A fine ranging from
VND 90,000,000 to VND 100,000,000 shall be imposed for any of the following offences:
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b) Discharging harmful
aquatic organisms and pathogens within ballast water and sediments within
seaport waters and Vietnam’s territorial waters.
2. Remedial measures: The
violator is compelled to implement measures to remediate the environmental
pollution and rectify the offences against regulations on management and
control of ships’ ballast water and sediments specified in clause 1 of this
Article.”.
31. Article 58dd is added
after Article 58d as follows:
“Article 58dd.
Offences against regulations on dumping
1. A fine ranging from
VND 90,000,000 to VND 100,000,000 shall be imposed for any of the following
offences:
a) Failure to dump
dredged materials at designated places;
b) Loading and unloading
matters subject to ocean dumping against the ocean dumping permit.
2. Additional penalties:
Suspend the ocean dumping permit for 01 - 03 months if the offence specified in
point b clause 1 of this Article is committed.
3. Remedial measures: The
violator is compelled to implement measures to remediate the environmental
pollution caused by offence specified in clause 1 of this Article.”.
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“Section 12. OFFENCES
AGAINST REGULATIONS ON MARITIME LABOR; REPORTING OF MARITIME OCCUPATIONAL
ACCIDENTS
Article 58e. Offences
against regulations on conclusion of employment contracts and seafarers’
employment contracts
Fines shall be imposed
upon an employer who fails to conclude an employment contract or seafarers’
employment contract in writing if the employment duration is at least 3 months;
who concludes a seafarers’ employment contract which fails to contain primary
contents of a contract as follows:
1. A fine ranging from
VND 2,000,000 to VND 5,000,000 shall be imposed for the offence that involves
01 to 10 seafarers.
2. A fine ranging from
VND 5,000,000 to VND 10,000,000 shall be imposed for the offence that involves
11 to 50 seafarers.
3. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed for the offence that involves
51 to 100 seafarers.
4. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for the offence that involves
101 to 300 seafarers.
5. A fine ranging from
VND 20,000,000 to VND 25,000,000 shall be imposed for the offence that involves
301 seafarers or more.
Article 58g. Offences
against regulations on conditions to be satisfied by foreign seafarers to work
onboard Vietnam’s ships
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2. A fine ranging from
VND 30,000,000 to VND 45,000,000 shall be imposed for assigning a foreign
seafarer who does not have a work permit issued by a Vietnam’s competent
authority or has an expired work permit.
3. Remedial measures:
The violator is compelled
to:
a) The violator is compelled
to re-conclude the seafarers’ employment contract consistently with the work
permit if the offence specified in clause 1 of this Article is committed;
b) The seafarer is
compelled to leave the ship if the offence specified in clause 2 of this
Article is committed.
Article 58h. Offences
against regulations on reporting of maritime occupational accidents occurring
onboard ships
A fine ranging from VND
5,000,000 to VND 10,000,000 shall be imposed for failure to report maritime occupational
accidents as prescribed.”.
33. Section 13 is added
to Chapter II and Articles 58i and 58k are added thereto as follows:
“Section 13. OFFENCES
AGAINST REGULATIONS ON NATURAL DISASTER MANAGEMENT IN THE MARITIME FIELD
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1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed upon an enterprise for any of
the following offences:
a) Failure to formulate a
natural disaster management response plan as prescribed;
b) Failure to submit a
report before, during and after a natural disaster to the port authority as
prescribed.
2. Remedial measures: The
violator is compelled to formulate the natural disaster response plan if the
offence specified in clause 1 of this Article is committed.
Article 58k. Offences
against regulations on natural disaster preparedness and response
1. A fine ranging from
VND 15,000,000 to VND 25,000,000 shall be imposed upon an enterprise for any of
the following offences:
a) Providing inaccurate
information about locations and status of ships in operation upon occurrence of
a disaster;
b) Failure to comply with
regulations on natural disaster management for ships;
c) Failure to prepare or
insufficiently provide human resources, supplies, equipment and necessities for
natural disaster response according to the approved disaster response plan.
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3. Remedial measures: The
violator is compelled to provide accurate information about locations and status
of ships in operation upon occurrence of a disaster if the offence specified in
point a clause 1 of this Article is committed.”.
34. Section 14 is added
to Chapter II and Articles 58l is added thereto as follows:
“Section 14. OFFENCES
AGAINST REGULATIONS ON PREVENTION AND CONTROL OF INFECTIOUS DISEASES IN THE
MARITIME FIELD
Article 58l. Offences
against regulations on prevention and control of infectious diseases in the
maritime field
1. A fine ranging from
VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following
offences:
a) Failure to provide;
failure to accurately or promptly provide information about prevention and
control of infectious diseases to employers, seafarers and passengers at the
request of competent authorities;
b) Failure to implement
measures to maintain personal hygiene and protection to prevent infectious
diseases on ships at the request of competent authorities;
c) Failure to undergo
tests at the request of competent authorities during the infectious disease
surveillance.
2. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following
offences:
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b) Deliberately embarking
or disembarking, unloading or receiving goods when a ship anchors pending heath
quarantine or is quarantined, unless the ship is in distress.
3. A fine ranging from
VND 5,000,000 to VND 7,000,000 shall be imposed for any of the following
offences:
a) Failure to follow the
health inspection and control carried out by the border health quarantine unit
as prescribed by law, except the case prescribed in point b clause 5 of this
Article;
b) Failure to strictly
comply with regulations on quarantine signs for incoming ships;
c) Failure to make health
declaration or making untruthful declaration of border health quarantine as
prescribed by law.
4. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed for concealing, failure to
report or delaying the reporting of the infection with an infectious disease of
oneself or another person onboard a ship.
5. A fine ranging from
VND 15,000,000 to VND 20,000,000 shall be imposed for any of the following
offences:
a) Deliberately leaving
the ship before following health quarantine procedures or without obtaining
permission from a competent authority;
b) Failure to implement
medical isolation, coercive medical isolation and health control of people,
ships, cargo and other health quarantine subjects carrying pathogens causing
infectious diseases as prescribed or at the request of a competent authority.
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The violator is compelled
to:
a) Follow the health
inspection and control if the offence specified in point a clause 3 of this
Article is committed;
b) Return to the ship or
the health quarantine area if the offence specified in point a clause 5 of this
Article is committed;
c) Implement medical
isolation, coercive medical isolation and health control of people, ships and
cargo carrying pathogens causing infectious diseases if the offence specified
in point b clause 5 of this Article is committed.”.
35. Article 59 is amended
as follows:
“Article 59. Power to
make administrative offence records
The persons having power
to impose penalties for administrative offences, public officials, public
employees, people working for the People's Army and People's Public Security
Forces in the performance of their duty under the management of the persons
having power to impose penalties for administrative offences specified in
Articles 60 to 66 of this Decree in the performance of their duty within their
jurisdiction shall, upon detection of any administrative maritime offence,
promptly prevent it and make an administrative offence record as prescribed.
For an administrative offence committed onboard a ship or inland waterway
vehicle, the ship master or inland waterway vehicle operator shall make
administrative offence record and immediately transfer it to the person having
the power to impose penalties for administrative offences when the ship enters
the port.”.
36. Several points and
clauses of Article 60 are amended as follows:
a) Points c and d clause
1 of Article 60 are amended as follows:
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d) enforce the remedial
measures mentioned in points a and c clause 1 Article 28 of the Law on
Penalties for Administrative Violations.”;
b) Points d and dd clause
2 of Article 60 are amended as follows:
“d) Confiscate any
exhibit or instrumentality involved in commission of administrative offences,
the value of which value does not exceed VND 100,000,000;
dd) Enforce the remedial
measures mentioned in points a, b and c clause 1 Article 28 of the Law on
Penalties for Administrative Violations and other remedial measures mentioned
in clause 3 Article 4 of this Decree.”;
c) Points d and dd clause
3 of Article 60 are amended as follows:
“d) Confiscate any
exhibit or instrumentality involved in commission of administrative offences,
the value of which value does not exceed VND 140,000,000;
dd) Enforce the remedial
measures mentioned in points a, b and c clause 1 Article 28 of the Law on
Penalties for Administrative Violations and other remedial measures mentioned
in clause 3 Article 4 of this Decree.”;
d) Points dd clause 4 of
Article 60 is amended as follows:
“dd) Enforce the remedial
measures mentioned in points a, b and c clause 1 Article 28 of the Law on
Penalties for Administrative Violations and other remedial measures mentioned
in clause 3 Article 4 of this Decree.”.
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a) Point c clause 1 of
Article 61 is amended as follows:
“c) Confiscate any
exhibit or instrumentality involved in commission of administrative offences,
the value of which value does not exceed VND 20,000,000.”;
b) Clause 2 of Article 61
is amended as follows:
“2. Directors of port
authorities and chiefs of specialized inspectorates of the Vietnam Maritime
Administration have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 50,000,000;
c) Suspend the license or
practicing license or suspend the operation;
d) Confiscate any exhibit
or instrumentality involved in commission of administrative offences;
dd) enforce the remedial
measures mentioned in points a, b and c clause 1 Article 28 of the Law on
Penalties for Administrative Violations and other remedial measures mentioned
in clause 3 Article 4 of this Decree.”.
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“5. Enforce the remedial
measures mentioned in points a, b and c clause 1 Article 28 of the Law on Penalties
for Administrative Violations and other remedial measures mentioned in clause 3
Article 4 of this Decree.”.
39. Clause 5 of Article
63 is amended as follows:
“5. Enforce the remedial
measures mentioned in points a, b and c clause 1 Article 28 of the Law on
Penalties for Administrative Violations and other remedial measures mentioned
in clause 3 Article 4 of this Decree.”.
40. Article 64 is amended
as follows:
“Article 64. Power to
impose penalties for administrative offences of the People’s Public Security
1. Soldiers of the
People’s Public Security in the performance of their duty have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 500,000.
2. Team Leaders
supervising the soldiers of the People’s Public Security in the performance of their
duty have the power to:
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b) Impose a fine of up to
VND 1,500,000.
3. Commune-level Police
Chiefs, Heads of Police Posts and Captains of Squadrons have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 2,500,000;
c) Confiscate any exhibit
or instrumentality involved in commission of administrative offences, the value
of which value does not exceed VND 5,000,000;
d) Enforce the remedial
measures mentioned in points a and c clause 1 Article 28 of the Law on
Penalties for Administrative Violations.
4. District-level Police
Chiefs; the Head of the Professional Division of the Police Department of
Administrative Management of Social Order; the Head of the Professional
Division of the Traffic Police Department; the Head of the Professional
Division of the Department of Fire Prevention, Fighting and Rescue; the Chiefs
of provincial Police Departments, including: Chiefs of Waterway Police
Divisions, Chiefs of Police Divisions for Prevention and Control of
Environmental Crimes, Chiefs of Firefighting, Prevention and Rescue Police
Divisions, Chiefs of Economic Security Divisions and Captains of Squadrons have
the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 20,000,000;
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d) Confiscate any exhibit
or instrumentality involved in commission of administrative offences, the value
of which value does not exceed VND 40,000,000;
dd) Enforce the remedial
measures mentioned in points a and c clause 1 Article 28 of the Law on
Penalties for Administrative Violations; clause 3 Article 4 of this Decree.
5. Directors of
provincial Police Departments have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 50,000,000;
c) Suspend the license or
practicing license or suspend the operation;
d) Confiscate any exhibit
or instrumentality involved in commission of administrative offences;
dd) Enforce the remedial
measures mentioned in points a and c clause 1 Article 28 of the Law on
Penalties for Administrative Violations; clause 3 Article 4 of this Decree.
6. Director General of
the Economic Security Department, Director General of the Police Department for
Administrative Management of Social Order, Director General of the
Investigation Police Department for Corruption, Economic and Smuggling Crimes,
Director General of the Traffic Police Department, Director General of the
Firefighting, Prevention and Rescue Police Department and Director General of
the Police Department for Prevention and Control of Environmental Crimes have
the power to:
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b) Impose a fine of up to
VND 100,000,000;
c) Suspend the license or
practicing license or suspend the operation;
d) Confiscate any exhibit
or instrumentality involved in commission of administrative offences;
dd) Enforce the remedial
measures mentioned in points a and c clause 1 Article 28 of the Law on
Penalties for Administrative Violations; clause 3 Article 4 of this Decree.
7. Delegation of power to
impose penalties for administrative offences of the People’s Public Security
a) Soldiers of the
People’s Public Security in the performance of their duty shall impose
penalties for the administrative offences committed by inland waterway vehicles
operating within seaport waters or outside seaport waters where the inland
waterway vehicles are permitted to operate in direct relation to the fields
under their management within their power to impose penalties for
administrative offences and the administrative offence specified in clause 1
Article 33 of this Decree;
b) Team Leaders
supervising the soldiers of the People’s Public Security in the performance of
their duty shall impose penalties for the administrative offences committed by
inland waterway vehicles operating within seaport waters or outside seaport
waters where the inland waterway vehicles are permitted to operate in direct
relation to the fields under their management within their power to impose
penalties for administrative offences and the administrative offences specified
in clause 1 Article 13; clause 1 Article 30; clauses 1 and 2 Article 33 of this
Decree;
c) Commune-level Police
Chiefs, Heads of Police Posts and Captains of Squadrons shall impose penalties
for the administrative offences committed by inland waterway vehicles operating
within seaport waters or outside seaport waters where the inland waterway
vehicles are permitted to operate in direct relation to the fields under their
management within their power to impose penalties for administrative offences
and the administrative offences specified in clause 1 Article 13; clause 1
Article 30; clauses 1 and 2 Article 33 of this Decree;
d) District-level Police
Chiefs; the Head of the Professional Division of the Police Department of
Administrative Management of Social Order; the Head of the Professional
Division of the Traffic Police Department; the Head of the Professional
Division of the Department of Fire Prevention, Fighting and Rescue; the Chiefs
of provincial Police Departments, including: Chiefs of Waterway Police
Divisions, Chiefs of Police Divisions for Prevention and Control of
Environmental Crimes, Chiefs of Firefighting, Prevention and Rescue Police
Divisions, Chiefs of Economic Security Divisions and Captains of Squadrons
shall impose penalties for the administrative offences committed by inland
waterway vehicles operating within seaport waters or outside seaport waters
where the inland waterway vehicles are permitted to operate in direct relation
to the fields under their management within their power to impose penalties for
administrative offences and the administrative offences specified in points d,
e and g clause 2 Article 12; clauses 1, 2 and 3 Article 13; clauses 1 and 2
Article 28; clauses 1, 2 and 3 Article 30; clauses 1 and 2 point a clause 3,
points a and b clause 10 Article 33 of this Decree;
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e) Director General of
the Economic Security Department, Director General of the Police Department for
Administrative Management of Social Order, Director General of the
Investigation Police Department for Corruption, Economic and Smuggling Crimes,
Director General of the Traffic Police Department, Director General of the
Firefighting, Prevention and Rescue Police Department and Director General of
the Police Department for Prevention and Control of Environmental Crimes shall
impose penalties for the administrative offences committed by inland waterway
vehicles operating within seaport waters or outside seaport waters where the
inland waterway vehicles are permitted to operate in direct relation to the
fields under their management within their power to impose penalties for
administrative offences and the administrative offences specified in points d,
e and g clause 2 Article 12; Article 13; Article 28; Article 30; clauses 1 and
2, point a clause 3, clause 10 Article 33; point a clause 1 Article 58dd of
this Decree.”.
41. Article 65 is amended
as follows:
“Article 65. Power of
the Border Guard
1. The Border Guard
officers in the performance of their duty have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 500,000.
2. Senior officers of the
persons mentioned in clause 1 of this Article have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 2,500,000.
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a) Issue warnings;
b) Impose a fine of up to
VND 20,000,000;
c) Confiscate any exhibit
or instrumentality involved in commission of administrative offences, the value
of which value does not exceed VND 40,000,000;
d) Enforce the remedial
measures mentioned in points a and c clause 1 Article 28 of the Law on
Penalties for Administrative Violations; clause 3 Article 4 of this Decree.
4. Chief Commander of
provincial-level Border Guards; Captains of Naval Border Guard Squadrons
affiliated to the Border Guard High Command have the power to:
a) Issue warnings;
b) Impose fines up to the
maximum fine for the offences in direct relation to the fields under their
management;
c) Suspend the license or
practicing license or suspend the operation;
d) Confiscate any exhibit
or instrumentality involved in commission of administrative offences;
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5. Delegation of power to
impose penalties for administrative offences of the Border Guard
a) The Border Guard
officers shall impose penalties for the administrative offences specified in
clause 1 Article 33; clause 1 Article 34; point a clause 5, point a clause 6,
point a clause 7, point a clause 8 Article 36 of this Decree;
a) Senior officers of the
persons mentioned in point a clause 5 of this Article shall impose penalties
for the administrative offences specified in clause 1 Article 33; clause 1
Article 34; point a clause 5, point a clause 6, point a clause 7, point a
clause 8 Article 36; clause 1Article 58l of this Decree;
c) Commanding Officers of
Border Guard Posts, Captains of Naval Border Guard Flotillas and Commanders of
the Border Guard Commands at port border gates shall impose penalties for the
administrative offences specified in clause 1, clause 2 Article 12; clause 1,
clause 2, points a, b, dd and e clause 3; points a and b, clause 5, clause 7,
clause 8 Article 32; clause 1, clause 3, point e clause 5, point a clause 10
Article 33; clauses 1, 2 and 3 Article 34; clause 1, clause 2, clause 3, point
a, point b Clause 4, clause 5, clause 6, point a, point b clause 7, point a
clause 8, clause 9, clause 10, point a, point b clause 11 Article 36; clause 1,
clause 2, point a, point b clause 3, clause 8 Article 37; clause 1, clause 3, clause
4 Article 40; clause 1, clause 3 Article 42; point a, point b clause 1, point
a, point b, point c, point d, point dd clause 2 Article 58b; clause 1, point a
clause 3 Article 58g; Article 58l of this Decree;
d) Chief Commander of
provincial-level Border Guards; Captains of Naval Border Guard Squadrons
affiliated to the Border Guard High Command shall impose penalties for the
administrative offences specified in Article 12; clause 3, clause 4 Article 19;
clause 1, clause 2, point a, point dd, point e Clause 3, clause 5, cause 6,
clause 7, clause 8 Article 32; clause 1, clause 3, point e clause 5 and clause
10 Article 33; Article 34; Article 36; Article 37; Article 40; clause 1, clause
3, point a, point b, point c clause 4 Article 42; point a, point b clause 1,
point a, point b, point c, point d, point dd clause 2 Article 58b; point a
clause 1 Article 58dd; Article 58g; Article 58l of this Decree.”.
42. Article 66 is amended
as follows:
“Article 66. Power of
the Coast Guard
1. Coastguard officers in
the performance of their duty have power to:
a) Issue warnings;
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2. Captains of coastguard
teams have power to:
a) Issue warnings;
b) Impose a fine of up to
VND 5,000,000.
3. Coastguard squad
leaders and captains of coastguard stations have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 10,000,000;
c) Enforce the remedial
measures mentioned in points a and c clause 1 Article 28 of the Law on
Penalties for Administrative Violations.
4. Commanders of coastguard
platoons have power to:
a) Issue warnings;
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c) Confiscate any exhibit
or instrumentality involved in commission of administrative offences, the value
of which value does not exceed VND 40,000,000;
d) Enforce the remedial
measures mentioned in points a and c clause 1 Article 28 of the Law on
Penalties for Administrative Violations; clause 3 Article 4 of this Decree.
5. Commanders in chief of
coastguard squadrons; Heads of Reconnaissance Commissions; Heads of Task Force
Commissions for Drug Crime Prevention and Control under the control of the
Command of Coast Guard of Vietnam have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 30,000,000;
c) Confiscate any exhibit
or instrumentality involved in commission of administrative offences, the value
of which value does not exceed VND 60,000,000;
d) Enforce the remedial
measures mentioned in points a and c clause 1 Article 28 of the Law on
Penalties for Administrative Violations; clause 3 Article 4 of this Decree.
6. Commanders of regional
coastguard command centers and Director General of the Department of Operations
and Legislation under the control of the Command of Coast Guard of Vietnam have
the power to:
a) Issue warnings;
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c) Confiscate any exhibit
or instrumentality involved in commission of administrative offences, the value
of which value does not exceed VND 100,000,000;
d) Enforce the remedial
measures mentioned in points a and c clause 1 Article 28 of the Law on
Penalties for Administrative Violations; clause 3 Article 4 of this Decree.
7. Commander of Vietnam
Coast Guard has the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 100,000,000;
c) Suspend the license or
practicing license or suspend the operation;
d) Confiscate any exhibit
or instrumentality involved in commission of administrative offences;
dd) Enforce the remedial
measures mentioned in points a, b and c clause 1 Article 28 of the Law on
Penalties for Administrative Violations; clause 3 Article 4 of this Decree.
8. Delegation of power to
impose penalties for administrative offences of the Coast Guard
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b) Captains of coastguard
teams shall impose penalties for the administrative offences detected outside
seaport waters in direct relation to the fields under their management
specified in clause 3, clause 4 Article 33; clauses 1 and 2 Article 34; clause
1, point a, point b clause 5, point a, point b clause 6, point a clause 7, point
a clause 8, point a clause 9 Article 36; clause 1 Article 37; clause 1 Article
42 of this Decree;
c) Coastguard squad
leaders and captains of coastguard stations shall impose penalties for the
administrative offences detected outside seaport waters in direct relation to
the fields under their management specified in clause 3, clause 4, point e
clause 5 Article 33; clauses 1, 2 and 3 Article 34; clause 1, clause 2, point a
clause 4, clause 5, point a, point b, point c clause 6, point a clause 7, point
a clause 8, point a, point b clause 9, point a clause 10 Article 36; clause 1,
clause 2, point a clause 3, clause 8 Article 37; clause 1, clause 2, clause 3
Article 42 of this Decree;
d) Commanders of coastguard
platoons shall impose penalties for the administrative offences detected
outside seaport waters in direct relation to the fields under their management
specified in clause 3, clause 4, point e clause 5, clause 6 Article 33; clauses
1, 2 and 3 Article 34; clause 1, clause 2, clause 3, point a, point b clause 4,
clause 5, clause 6, point a, point b clause 7, point a clause 8, clause 9,
clause 10, point a, point b clause 11 Article 36; clause 1, clause 2, point a,
point b clause 3, clause 8 Article 37; clause 1, clause 3, point a clause 4
Article 40; clauses 1, 2 and 3 Article 42; points a, b, c, d and dd clause 2
Article 58b; clause 1, point a clause 3 Article 58g of this Decree;
dd) Commanders in chief
of coastguard squadrons; Heads of Reconnaissance Commissions; Heads of Task
Force Commissions for Drug Crime Prevention and Control under the control of
the Command of Coast Guard of Vietnam shall impose penalties for the
administrative offences detected outside seaport waters in direct relation to the
fields under their management specified in clause 3, clause 4, point e clause
5, clause 6 Article 33; Article 34; clause 1, clause 2, clause 3, point a,
point b, point c clause 4, clause 5, clause 6, point a, point b, point c clause
7, point a clause 8, clause 9, clause 10, clause 11 Article 36; clause 1,
clause 2, point a, point b clause 3, clause 8 Article 37; Article 40; Article
42; points a, b, c, d and dd clause 2 Article 58b; clause 1, point a clause 3
Article 58g of this Decree;
e) Commanders of regional
coastguard command centers and Director General of the Department of Operations
and Legislation under the control of the Command of Coast Guard of Vietnam
shall impose penalties for the administrative offences detected outside seaport
waters in direct relation to the fields under their management specified in
clause 3, clause 4, point e clause 5, clause 6 Article 33; Article 34; clause
1, clause 2, clause 3, clause 4, clause 5, clause 6, clause 7, point a, point b
clause 8, clause 9, clause 10, clause 11, point a clause 12 Article 36; clause
1, clause 2, point a, point b, point c clause 3, clause 4, clause 5, clause 6,
clause 8 Article 37; Article 40; Article 42; points a, b, c, d and dd clause 2
Article 58b; Article 58g of this Decree;
g) Commander of Vietnam
Coast Guard shall impose penalties for the administrative offences detected
outside seaport waters in direct relation to the fields under their management
specified in point a clause 3, clause 4, point e clause 5 and clause 6 Article
33; Article 34; Article 36; Article 37; Article 40, Article 42; points a, b, c,
d and dd clause 2 Article 58b; point a clause 1 Article 58dd, Article 58g of
this Decree.”.
43. Article 6, Article 9,
Article 18, Article 22, Article 23, Article 27, Article 35, Article 41, clause
1 Article 43, clause 1 of Article 47 and Article 58 are abrogated.
44. The phrase “tháo dỡ”
(“dismantle”) in clause 5 of Article 24 is replaced with “phá dỡ” (“destroy”).
Article
2. Amendments to some Articles of the Government’s Decree No. 100/2019/ND-CP
dated December 30, 2019 on administrative penalties for road traffic offences
and rail transport offences
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“h) Cooperative groups;”.
2. Article 4a is added
after Article 4 as follows:
“Article 4a.
Completed and in-progress administrative offences
1. Completed
administrative offences include the following administrative offences:
a) Offences against
regulations on cargo loading specified in point a clause 1, point a clause 3,
clause 5 Article 28 of this Decree. The date on which an offence terminates
begins from the date of detecting the act of carrying cargo in excess of the
permissible payload;
b) The offences detected
through technical and professional means and equipment. The date on which an
offence terminates begins from the date on which the technical and professional
means or equipment records the offence;
c) The administrative
offences specified in this Decree and not specified in points a and b of this
Article but had been completed before the competent person discovered such
offences. In the absence of any document or evidence determining the accurate
date on which the offences terminate, it will be considered that the
prescriptive time limit has not expired.
2. The administrative
offences specified in this Decree but not specified in clause 1 of this Article
are treated as in-progress ones.”.
3. Several points and
clauses of Article 5 are amended as follows:
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“k) Making a u-turn at a
level crossing; making a u-turn at narrow section of the road, on a slope, on a
curve section of the road with limited sight or making a u-turn while operating
a vehicle prohibited from doing so by a “no u-turn” sign; making a left turn
while operating a vehicle prohibited from doing so by a “no left turn” sign;
making a right turn while operating a vehicle prohibited from doing so by a “no
right turn” sign;”;
b) Point c clause 4 of
Article 5 is amended as follows:
“c) Failure to stop a
vehicle ineligible for free flow electronic toll collection (ETC) (for the
vehicle that is not equipped with an e-tag or is equipped with an e-tag but has
not enough balance in the ETC account to pay a toll on ETC lane) from entering
lanes for free-flow ETC at toll booths;”;
c) Point b clause 6 of
Article 5 is amended as follows:
“b) Failure to yield to
or obstructing emergency vehicles on duty that are sending out emergency
signals;”;
d) Point d is added after
point c clause 7 of Article 5 as follows:
“d) Stopping or parking
on freeway in locations against regulations and law; failure to provide signals
to inform other drivers in case of compulsory stop or parking on freeway at an
undesignated location; making a u-turn on freeway;”.
4. Several points and
clauses of Article 6 are amended as follows:
a) Point a clause 3 of
Article 6 is amended as follows:
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b) Points n and o are
added after point m clause 3 of Article 6 as follows:
“n) Failure to wear a
motorcycle helmet properly or wearing it improperly;
“o) Carrying a person who
does not wear a motorcycle helmet or does not wear the motorcycle helmet
properly, unless that person is a patient who needs urgent medical care, a
child under 06 years of age, or a criminal being escorted.”;
c) Clause 5 of Article 6
is amended as follows:
“5. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed upon a vehicle operator who
commits any of the following offences:
a) Entering a blocked
road or restricted area; going against traffic direction of a one-way road or a
road where a “Cấm đi ngược chiều” (“No entry”) sign is erected, except for the
offences specified in point a clause 6 of this Article and emergency vehicles
on duty as prescribed;
b) Failure to yield to or
obstructing emergency vehicles on duty that are sending out emergency
signals.”;
d) Point c clause 10 of
Article 6 is amended as follows:
“c) The offence(s)
specified in point a clause 6; points a and b clause 7; points a, b, c and d
clause 8 of this Article shall lead to suspension of the driver’s license from
02 - 04 months; repetition of offence(s) before or after penalty imposition
specified in points a, b, c and d clause 8 of this Article shall lead to the
confiscation of vehicles. Committing the offences in any of the following
points and clauses of this Article and causing an accident shall lead to
suspension of the driver’s license from 02 - 04 months: points a, g, h, k, l,
m, n and q clause 1; points b, d, e, g, l and m clause 2; points a, b, c, k and
m clause 3; points e, g and g clause 4; point b clause 5 of this Article;”.
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“g) Making a u-turn at a
level crossing; making a u-turn at narrow section of the road, on a slope, on a
curve section of the road with limited sight or making a u-turn while operating
a vehicle prohibited from doing so by a “no u-turn” sign; making a left turn
while operating a vehicle prohibited from doing so by a “no left turn” sign; making
a right turn while operating a vehicle prohibited from doing so by a “no right
turn” sign;”.
6. Points dd and e are
added after point d clause 4 of Article 8 as follows:
“dd) The operator of a
motored bicycle (including electric bicycle) not wearing a motorcycle helmet or
wearing a helmet improperly;
e) Carrying a person on a
motored bicycle (including electric bicycle) who does not wear a motorcycle
helmet or does not wear the helmet properly, unless that person is a patient
who needs urgent medical care, a child under 06 years of age, or a criminal
being escorted.”.
7. Clause 6 of Article 11
is amended as follows:
“6. A fine ranging from
VND 400,000 to VND 600,000 shall be imposed upon persons on motorcycles, mopeds
(including electric mopeds), motorcycle-like vehicles, moped-like vehicles,
motored bicycles (including electric bicycles) who commit any of the following
offences:
a) Hanging onto, pulling
or pushing other vehicles or other objects, leading animals, carrying bulky
objects, standing on the seat, cargo racks or sitting on the handles;
b) Failure to wear a
motorcycle helmet or wearing it improperly.”.
8. Clause 4a is added
after clause 4 of Article 15 as follows:
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9. Article 16 is amended
as follows:
“Article 16. Penalties
imposed upon by operators of motor vehicles (including trailers or semi-trailers
being towed) and the like violating regulations on roadworthiness of vehicles
1. A fine ranging from
VND 100,000 to VND 200,000 shall be imposed for operating a vehicle without a
windshield or without an intact and functional one (for vehicles having a
windshield).
2. A fine ranging from
VND 300,000 to VND 400,000 shall be imposed for any of the following offences:
a) Operating a vehicle
without adequate and functional headlamps, plate lamp, brake lamps, turn
signals, windshield wipers, rear-view mirrors, safety belts, emergency
equipment, fire fighting equipment, pressure meter, and speedometer (for
vehicles required to have them), except for the offences specified in point m
clause 3 Article 23 and point q clause 4 Article 28 of this Decree;
b) Operating a vehicle
without a horn or without a functional one;
c) Operating a vehicle
without a sound or smoke suppression device or a functional one or without one
that meets environmental regulations on emissions and noise.
3. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed for any of the following
offences:
a) Controlling a vehicle
with additional lights at the front, the back, on top, underneath, on either or
both sides of the vehicle;
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c) Operating a vehicle
without sufficient wheels or tires; or the sizes of the wheels or tires do not
fit or not comply with technical standards (including trailers and
semi-trailers);
d) Operating a
passenger-carrying motor vehicle with added or removed seats/beds or with
dimension of its luggage compartment that fails to meet the technical
specification written on the certificate of technical and environmental safety
inspection for the vehicle.
4. A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed for any of the following
offences:
a) Operating a vehicle
without a certificate of vehicle registration or using an expired certificate
of vehicle registration (including trailer and semi-trailer);
b) Operating a vehicle
(including trailer and semi-trailer) without a license plate (if required);
c) Operating a truck
(including trailer and semi-trailer) with dimension of its trunk that fails to
meet the technical specification written on the certificate of technical and
environmental safety inspection for the truck;
d) Installing or using a
horn the loudness of which is beyond legal limit on the vehicle.
5. A fine ranging from
VND 3,000,000 to VND 4,000,000 shall be imposed for any of the following
offences:
a) Operating a vehicle
with a certificate of technical and environmental safety inspection or
technical and environmental safety inspection stamp that has expired for less
than 01 month (including trailer and semi-trailer);
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6. A fine ranging from
VND 4,000,000 to VND 6,000,000 shall be imposed for any of the following
offences:
a) Operating a vehicle
with a license plate other than that specified in the certificate of vehicle
registration or with a license plate that is not issued by a competent
authority (including trailer and semi-trailer);
b) Using a certificate of
technical and environmental safety inspection or stamp of technical and
environmental safety or certificate of vehicle registration that is not issued
by a competent authority or is falsified; using a certificate of vehicle
registration on which the vehicle’s chassis or engine number is incorrect
(including trailer and semi-trailer);
c) Operating a vehicle
without a certificate of technical and environmental safety inspection or
technical and environmental safety inspection stamp (if required, except for
temporarily registered vehicles) or with one that has expired for 01 month or
more (including trailer and semi-trailer);
d) Operating a vehicle
without an adequate quantity of license plates or with an improperly positioned
license plate; with a license plate on which the letters and numbers are not
distinct; altering the letters or numbers on the license plates by paint or
sticker or changing color of the letters, numbers and background of the license
plates (including trailer and semi-trailer).
7. A fine ranging from
VND 10,000,000 to VND 12,000,000 shall be imposed for any of the following
offences:
a) Operating a
temporarily registered vehicle beyond its temporary operational period;
operating a restricted vehicle beyond its permissible operating area;
b) Operating a vehicle
(including trailer and semi-trailer) beyond its maximum service life (if
limited);
c) Operating an illegally
manufactured or assembled vehicle on public road (including modified farm
vehicle banned from traffic, trailer and semi-trailer being towed).
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a) The offence(s)
specified in point a, point b clause 3; clause 4; clause 5; point c clause 6;
point a clause 7 of this Article shall lead to suspension of the driver’s
license from 01 - 03 months;
b) The offence(s)
specified in point a, point b clause 3; clause 4 of this Article shall lead to
confiscation of additional lights and horns exceeding loudness limit;
c) The offence(s)
specified in point a, point b clause 6 of this Article shall lead to
confiscation of the certificate of technical and environmental safety
inspection or technical and environmental safety inspection stamp, the
certificate of vehicle registration or the license plate that is not
conformable with regulations or is falsified; suspension of the driver’s
license from 01 - 03 months;
d) The offence(s)
specified in point b, point c clause 7 of this Article shall lead to
confiscation of the vehicle (except for cases in which automobiles with 10
seats or more providing passenger transportation services whose service life
exceeds regulations on business conditions of registered business form less
than 20 years from the year of manufacture and automobiles with less than 10
seats providing passenger transportation services) and suspension of the
driver’s license from 01 - 03 months;
dd) The offence(s)
specified in point a clause 4, point b clause 6 of this Article in case of
failure to have the certificate of vehicle registration or using the
certificate of vehicle registration that is not issued by a competent
authority, on which the vehicle’s chassis or engine number is incorrect or
which is falsified (including trailer and semi-trailer) without any document
proving the vehicle’s origin (no document concerning the transfer of vehicle
ownership or document concerning the vehicle’s legal origin) shall lead to
confiscation of the vehicle;
9. Apart from the
penalties, the violator is compelled to:
a) Install equipment or
replace equipment that meets technical safety standards or restore technical
attributes of the equipment as prescribed if the offence specified in clause 1;
clause 2; point b, point c clause 3; point c, point d clause 4; point b clause
5; point d clause 6 of this Article is committed;
b) Install equipment or
restore technical attributes of the equipment or remove additional equipment
installed against regulations if any of the offences specified in point a,
point d clause 3 of this Article is committed.”.
10. Point d is added
after point c clause 2 of Article 17 as follows:
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11. Article 21 is amended
as follows:
“Article 21. Penalties
for offences against regulations on qualification for operating motor vehicles
1. A person from 14 to
under 16 years of age that operates a motorcycle or moped (including electric
moped) and motorcycle-like vehicles or motor vehicle and the like and tractor
shall receive a warning.
2. A fine ranging from
VND 100,000 to VND 200,000 shall be imposed upon:
a) Any person operating a
motorcycle or moped and the like without carrying an unexpired certificate of
civil liability insurance for motor vehicles; or
b) Any person operating a
motorcycle or moped and the like without carrying the certificate of vehicle
registration; or
c) Any person operating a
motorcycle and the like without carrying a driver’s license, except for the
offences specified in point b clause 5 and point c clause 7 of this Article.
3. A fine ranging from
VND 200,000 to VND 400,000 shall be imposed upon:
a) Any person operating a
motor vehicle and the like or tractor without carrying a driver’s license,
except for the offence specified in point c clause 8 of this Article; or
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c) Any person operating a
motor vehicle and the like or tractor without carrying the certificate of
technical and environmental safety inspection (if required, including trailer
and semi-trailer).
4. A fine ranging from
VND 400,000 to VND 600,000 shall be imposed upon:
a) Any person from 16 to
under 18 years of age operating a motorcycle with engine displacement of 50 cm3
or more; or
b) Any person operating a
motor vehicle and the like or tractor without carrying an unexpired certificate
of civil liability insurance for motor vehicles.
5. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed upon an operator of a
two-wheeled motorcycle whose engine displacement is under 175 cm3
and motorcycle-like vehicles who commits any of the following offences:
a) Failure to have a
driver’s license or using a driver’s license that is not issued by a competent
authority or using a falsified driver’s license;
b) Possessing an
international driver’s license issued by any of the Member States of the
Convention of Road Traffic 1968 (except for international driver’s licenses
issued by Vietnam’s authority);
c) Using an invalid
driver’s license (driver’s license template number at the back does not match
the latest issued template number in the driver’s license management system
license).
6. A fine ranging from
VND 2,000,000 to VND 4,000,000 shall be imposed for operating a person from 16
to under 18 years of age that operates a motor vehicle and the like or tractor.
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a) Possessing a driver’s
license inconsistent with the vehicle being operated;
b) Failure to have a
driver’s license or using a driver’s license that is not issued by a competent
authority or using a falsified driver’s license;
c) Possessing an
international driver’s license issued by any of the Member States of the
Convention of Road Traffic 1968 (except for international driver’s licenses
issued by Vietnam’s authority);
d) Using an invalid
driver’s license (driver’s license template number at the back does not match
the latest issued template number in the driver’s license management system
license).
8. A fine ranging from
VND 5,000,000 to VND 7,000,000 shall be imposed upon an operator of a motor
vehicle and the like or tractor for any of the following offences:
a) Possessing a driver’s
license that has been expired for less than 03 months;
b) Possessing an
international driver’s license issued by any of the Member States of the
Convention of Road Traffic 1968 (except for international driver’s licenses
issued by Vietnam’s authority);
c) Using an invalid
driver’s license (driver’s license template number at the back does not match
the latest issued template number in the driver’s license management system
license).
9. A fine ranging from
VND 10,000,000 to VND 12,000,000 shall be imposed upon an operator of a motor
vehicle and the like or tractor for any of the following offences:
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b) Failure to have a
driver’s license or using a driver’s license that is not issued by a competent
authority or using a falsified driver’s license.
10. Apart from incurring
fines, the violating operator shall incur the following additional penalties:
a) The offence(s)
specified in point a, point c clause 5; point b, point d clause 7; point c
clause 8; point b clause 9 of this Article shall lead to suspension of the
driver’s license that is not issued by a competent authority, falsified
driver’s license or invalid driver’s license;
b) The offence(s)
specified in point c clause 5, point d clause 7, point c clause 8 shall lead to
suspension of the most recently-issued driver’s licenses according to
information system for management of driver’s license from 01 - 03 months.”.
12. Several points and
clauses of Article 23 are amended as follows:
a) Point p clause 5 of
Article 23 is amended as follows:
“p) Operating a
passenger-carrying motor vehicle without installing cameras as prescribed (if
required by the law) or installing cameras without ability to record and store
images on the vehicle (including the driver and the vehicle doors) during the
vehicle's operation as prescribed or employing technical measures, peripherals
or other measures to falsify data from cameras installed on the vehicle;”;
b) Point dd clause 6 of
Article 23 is amended as follows:
“dd) Operating a
passenger-carrying motor vehicle without installing the vehicle’s tracker as
prescribed or with the vehicle’s tracker which fails to operate as prescribed
or employing technical measures, peripherals or other measures to falsify data
from the tracker installed on the vehicle;”;
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“7a. A fine ranging
from VND 10,000,000 to VND 12,000,000 shall be imposed upon a vehicle operator
who picks up or disembarks passengers on a freeway.”;
d) Point b clause 8 of
Article 23 is amended as follows:
“b) The offence specified
in clause 7a of this Article shall lead to suspension of the driver’s license
for 02 - 04 months;”.
13. Several points and
clauses of Article 24 are amended as follows:
a) Point c clause 3 of
Article 24 is amended as follows:
“c) Operating a
cargo-carrying motor vehicle without installing cameras as prescribed (if
required by the law) or installing cameras without ability to record and store
images of the driver during the vehicle's operation as prescribed or employing
technical measures, peripherals or other measures to falsify data from cameras
installed on the vehicle;”;
b) Point c clause 5 of
Article 24 is amended as follows:
“c) Operating a
cargo-carrying motor vehicle without installing the vehicle’s tracker as prescribed
or with the vehicle’s tracker which fails to operate as prescribed or employing
technical measures, peripherals or other measures to falsify data from the
tracker installed on the vehicle;”;
c) Clause 8a is added
after clause 8 of Article 24 as follows:
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d) Point b clause 9 of
Article 24 is amended as follows:
“b) The offence specified
in clause 7, point c clause 8 and clause 8a of this Article shall lead to
suspension of the driver’s license for 02 - 04 months;”.
14. Article 25 is amended
as follows:
“Article 25. Penalties
imposed upon vehicle operators violating regulations on transport of oversized
cargo
1. A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed for any of the following
offences:
a) Transporting oversized
cargo without a sign indicating its size;
b) Failure to comply with
the transport permit, except for the offences specified in clause 2; points b,
c and d clause 3 of this Article.
2. A fine ranging from
VND 8,000,000 to VND 10,000,000 shall be imposed for transporting oversized
cargo with an unexpired transport limit but the gross vehicle weight (GVW) or
outer size (after cargo is loaded) exceeds the limits specified in the
transport permit.
3. A fine ranging from
VND 13,000,000 to VND 15,000,000 shall be imposed for any of the following
offences:
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b) Transporting oversized
cargo with an unexpired transport permit but the GVW or outer size (after cargo
is loaded) exceeds the limits in the transport permit.
c) Transporting oversized
cargo with valid transport permit without sticking to the routes designated in
the transport permit;
d) Transporting oversized
cargo with valid transport permit without transporting the type of goods
designated in the transport permit.
4. Apart from incurring
fines, the violator shall incur the following additional penalties:
a) The offence specified
in clause 1 of this Article shall lead to suspension of the driver’s license
for 01 - 03 months;
b) The offences specified
in clauses 2 and 3 of this Article shall lead to suspension of the driver’s
license for 02 - 04 months;
c) The offence specified
in point a clause 3 of this Article shall lead to suspension of the transport
permit that is expired or is not issued by a competent authority.
5. If the bridge or road
is damaged by the offences specified in clauses 1, 2 and 3 of this Article, the
violator shall be compelled to restore it to its original condition apart from
incurring the penalties.”.
15. Several points and
clauses of Article 28 are amended as follows:
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“e) Failure to number
seats and beds on a passenger-carrying motor vehicle as prescribed;”;
b) Point i is added after
point h clause 2 of Article 28 as follows:
“i) Failure to provide
ticket refund to passengers in the case of a fixed route covering a distance of
less than 300 km.”;
c) Clause 3 of Article 28
is amended as follows:
“3. A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed on an individual and from VND
4,000,000 to VND 6,000,000 on an organization that commits any of the following
offences:
a) Loading cargo on each
vehicle (including trailer and semi-trailer) beyond the maximum permissible
payload written on the certificate of technical and environmental safety
inspection by more than 50% to 100%;
b) Failure to provide
ticket refund to passengers in the case of a fixed route covering a distance of
more than 300 km;
c) Failure to return
badges to the provincial Department of Transport as prescribed.”;
d) Point d clause 4 of
Article 28 is amended as follows:
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dd) Point o clause 6 of
Article 28 is amended as follows:
“o) Operating a vehicle
providing transportation services without installing cameras as prescribed (if
required by the law) or installing cameras without ability to record and store
images on the vehicle (including the driver and the vehicle doors) during the
vehicle's operation as prescribed or employing technical measures, peripherals
or other measures to falsify data from cameras installed on the vehicle;”;
e) Point p clause 6 of
Article 28 is amended as follows:
“p) Failure to provide,
update, transmit, store and manage images from cameras installed on the motor
vehicle as prescribed, failure to grant accounts used to access their servers
to competent authorities as prescribed;”;
g) Clause 8 of Article 28
is amended as follows:
“8. A fine ranging from
VND 20,000,000 to VND 40,000,000 shall be imposed upon:
a) Any entity
manufacturing, assembling and importing motor vehicle trackers which fails to
assign personnel for each position as prescribed; or
b) Any entity
manufacturing, assembling and importing motor vehicle trackers which fails to
update and adjust firmware of trackers as prescribed; or
c) Any provider of
application software assisting transport connection which fails to correctly
comply with regulations on provision of application software assisting
transport connection; fails to publicize procedures for handling customers’
complaints and fails to develop a system for storing customers’ complaints as
prescribed; or
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h) Clause 9 of Article 28
is amended as follows:
“9. A fine ranging from
VND 40,000,000 to VND 60,000,000 shall be imposed upon:
a) Any entity
manufacturing, assembling and importing motor vehicle trackers or motor vehicle
tracking service provider which falsifies information and data from motor
vehicle trackers; or
b) Any entity manufacturing,
assembling and importing motor vehicle trackers or any provider of hardware and
software for processing and transmitting data from cameras installed on motor
vehicles which falsifies information and data from cameras installed on motor
vehicles.”.
16. Article 29 is amended
as follows:
“Article 29. Penalties
for illegal manufacturing and assembly of motor vehicles; illegal manufacturing
and sale of license plates
1. A fine ranging from
VND 10,000,000 to VND 20,000,000 shall be imposed upon an individual, from VND
20,000,000 to VND 24,000,000 upon an organization that sells license plates
that are not manufactured or allowed by competent authorities.
2. A fine ranging from
VND 30,000,000 to VND 35,000,000 shall be imposed upon an individual, from VND
60,000,000 to VND 70,000,000 upon an organization that manufactures license
plates that illegally manufactures or assembles motor vehicles.
3. Apart from incurring
fines, the violator that commits any of the offences specified in clause 1 and
clause 2 of this Article shall have their illegal license plates or illegally
manufactured or assembled vehicles confiscated.
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17. Several points and
clauses of Article 30 are amended as follows:
a) Clause 3 of Article 30
is amended as follows:
“3. For each passenger carried
beyond the seating capacity, a fine ranging from VND 400,000 to VND 600,000
shall be imposed upon an individual, from VND 800,000 to VND 1,200,000 upon an
organization that is the vehicle owner that allows their employee or
representative to operate the vehicle committing the offence specified in
clause 2 Article 23 of this Decree or directly operates the vehicle committing
the offence specified in clause 2 Article 23 of this Decree (nevertheless, the
total fine incurred by such individual shall not exceed VND 75,000,000; the
total fine incurred by such organization shall not exceed VND 150,000,000).”;
b) Point b clause 4 of
Article 30 is amended as follows:
“b) Failure to follow
procedures for issuance of revised certificates of vehicle registration as
prescribed when changing address of vehicle owners or in other cases as
prescribed;”;
c) Clause 4a is added
after clause 4 of Article 30 as follows:
“4a. For owners of
motorcycles and the like and mopeds: A fine ranging from VND 800,000 to VND
1,000,000 shall be imposed upon an individual, from VND 1,600,000 to VND
2,000,000 upon an organization which fails to comply with regulations on
license plates, except for the offences specified in points i and k clause 5 of
this Article.”;
d) Point g clause 5 of
Article 30 is amended as follows:
“g) Operating a vehicle
without the certificate of vehicle registration or with an expired certificate
of vehicle registration; failure to operate a vehicle with the certificate of
temporary vehicle registration within the permitted time limit or failure to
operate a vehicle with restricted operation areas on the permitted routes or
within the permitted areas;”;
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“6. For each passenger
carried beyond the seating capacity, a fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed upon an individual, from VND 2,000,000 to VND
4,000,000 upon an organization that allows their employee or representative to
operate the vehicle committing the offence specified in clause 4 Article 23 of
this Decree or directly operates the vehicle committing the offence specified
in clause 4 Article 23 of this Decree (nevertheless, the total fine incurred by
such individual shall not exceed VND 75,000,000; the total fine incurred by
such organization shall not exceed VND 150,000,000).”;
e) Point d clause 7 of
Article 30 is amended as follows:
“d) Failure to follow
procedures for issuance of revised certificates of vehicle registration as
prescribed after renovating the vehicle or when changing address of vehicle
owners or in other cases as prescribed;”;
g) Point m clause 7 of
Article 30 is amended as follows:
“m) Changing the
vehicle’s color other than that specified in the certificate of vehicle
registration.”;
h) Point g clause 8 of
Article 30 is amended as follows:
“g) Failure to comply
with regulations on license plates and lettering on sides and doors of vehicles
(including trailers and semi-trailers), except for the offences specified in
point i clause 9 of this Article, points a, b, c, d and dd clause 2 of Article
28; point b clause 3 Article 37 of this Decree;”;
i) Point a clause 9 of
Article 30 is amended as follows:
“a) Changing the chassis,
engine, brake system or transmission system without permission; changing the
original shape or size of a vehicle against the manufacturer’s design or design
in the documentation submitted to the vehicle registry or the modification
design approved by a competent authority without permission; changing the
functions of a vehicle without permission or installing trunk and container
lifting devices on a vehicle (including trailer and semi-trailer);”;
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“dd) Allowing an employee
or representative to operate the vehicle committing any of the offences
specified in clause 2 Article 33 hereof or directly operating the vehicle
committing the offence clause 2 Article 33 hereof;”;
l) Points e and g clause
9 of Article 30 are amended as follows:
“e) Operating a truck (including
trailer and semi-trailer) with dimension of its trunk that fails to meet the
technical specification written on the certificate of technical and
environmental safety inspection for the truck;
g) Operating a
passenger-carrying motor vehicle with added or removed seats/beds or dimension
of its luggage compartment different from that specified in the certificate of
technical and environmental safety inspection for the vehicle;”;
m) Point i is added after
point h clause 9 of Article 30 as follows:
“i) Operating a vehicle
without a license plate (if required); operating a vehicle with a license plate
other than that specified in the certificate of vehicle registration or with a
license plate that is not issued by a competent authority (including trailer
and semi-trailer);”;
n) Clause 10 of Article
30 is amended as follows:
“10. For owners of motor
vehicles and the like, tractors and transport construction machinery: A fine
ranging from VND 14,000,000 to VND 16,000,000 shall be imposed on an individual
and from VND 28,000,000 to VND 32,000,000 on an organization that commits any
of the following offences:
a) Allowing an employee
or representative to operate the vehicle committing any of the offences
specified in point a, point b clause 6 Artilce 24 hereof or directly operating
the vehicle committing any of the offences specified in point a, point b clause
6 Article 24 hereof;
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o) Clause 12 of Article 30
is amended as follows:
“12. For owners of motor
vehicles and the like, tractors and transport construction machinery: A fine
ranging from VND 18,000,000 to VND 20,000,000 shall be imposed on an individual
and from VND 36,000,000 to VND 40,000,000 on an organization that commits any
of the following offences:
a) Allowing an employee
or representative to operate the vehicle committing any of the offences
specified in point a, point b clause 8 Artilce 24 hereof or directly operating
the vehicle committing any of the offences specified in point a, point b clause
8 Article 24 hereof;
b) Allowing an employee
or representative to operate the vehicle committing any of the offences
specified in clause 2 Article 25 hereof or directly operating the vehicle
committing the offence clause 2 Article 25 hereof;
c) Allowing an employee
or representative to operate the vehicle committing any of the offences
specified in clause 3 Article 33 hereof or directly operating the vehicle
committing the offence clause 3 Article 33 hereof;
p) Clause 13 of Article
30 is amended as follows:
“13. For owners of motor
vehicles and the like, tractors and transport construction machinery: A fine
ranging from VND 28,000,000 to VND 32,000,000 shall be imposed on an individual
and from VND 56,000,000 to VND 64,000,000 on an organization that commits any
of the following offences:
a) Allowing an employee
or representative to operate the vehicle committing any of the offences
specified in point a clause 3 Article 25 hereof or directly operating the
vehicle committing the offence point a clause 3 Article 25 hereof;
b) Allowing an employee
or representative to operate the vehicle committing any of the offences
specified in point b clause 3 Article 25 hereof or directly operating the
vehicle committing the offence point b clause 3 Article 25 hereof;
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d) Allowing an employee
or representative to operate the vehicle committing any of the offences
specified in point d clause 3 Article 25 hereof or directly operating the
vehicle committing the offence point d clause 3 Article 25 hereof;
dd) Allowing an employee
or representative to operate the vehicle committing any of the offences
specified in point a clause 4 Article 33 hereof or directly operating the
vehicle committing the offence point a clause 4 Article 33 hereof;
e) Allowing an employee
or representative to operate the vehicle committing any of the offences
specified in point b clause 4 Article 33 hereof or directly operating the
vehicle committing the offence point b clause 4 Article 33 hereof;
g) Allowing an employee or
representative to operate the vehicle committing any of the offences specified
in point c clause 4 Article 33 hereof or directly operating the vehicle
committing the offence point c clause 4 Article 33 hereof.”;
q) Clause 14 of Article
30 is amended as follows:
“14. A fine ranging from
VND 70,000,000 to VND 75,000,000 shall be imposed upon an individual, from VND
140,000,000 to VND 150,000,000 upon an organization that is the vehicle owner
that allows their employee or representative to operate the vehicle committing
any of the offence specified in point a clause 5 Article 33 hereof or directly
operates the vehicle committing the offence specified in point a clause 5
Article 33 hereof.”;
r) Clause 15 of Article
30 is amended as follows:
“15. Apart from incurring
fines, the violator shall incur the following additional penalties:
a) The offence(s)
specified in point b, point d, point h, point i, point k clause 5; point b,
point e clause 7; point e, point i clause 8; point i clause 9 of this Article
shall lead to confiscation of license plates and certificates of vehicle
registration (re-issued); confiscation of forged documents and files;
confiscation of license plates, equipment used to modify the license plates,
certificates of vehicle registration, certificates of technical and
environmental safety inspection, technical and environmental safety inspection
stamps and certificates of temporary vehicle registration that are
unsatisfactory or erased;
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c) The offence(s)
specified in points g and h clause 5; point e clause 8, point b clause 10 of this
Article in case of failure to have the certificate of vehicle registration or
using the certificate of vehicle registration that is not issued by a competent
authority, on which the vehicle’s chassis or engine number is incorrect or
which is falsified (including trailer and semi-trailer) without any document
proving the vehicle’s origin (no document concerning the transfer of vehicle
ownership or document concerning the vehicle’s legal origin) shall lead to
confiscation of the vehicle;
d) The offence(s)
specified in points g, h, i and k clause 5; points g and i clause 7; points b,
c, d, dd, e, g and i clause 8; points c, d, h and i clause 9; clause 10;
point c clause 12; point dd clause 13 of this Article in case vehicle owners directly
operate the vehicles shall lead to suspension of the driver’s license (in case
of road vehicles) and certificates of training in traffic rules (in case of
transport construction machinery) for 01 - 03 months;
dd) The offence(s)
specified in clause 11; point b clause 12; points a, b, c, d, e and g clause 13
of this Article in case vehicle owners directly operate the vehicles shall lead
to suspension of the driver’s license (in case of road vehicles) and
certificates of training in traffic rules (in case of transport construction
machinery) for 02 - 04 months;
e) The offence(s)
specified in point a clause 12, clause 14 of this Article in case vehicle
owners directly operate the vehicles shall lead to suspension of the driver’s
license (in case of road vehicles) and certificates of training in traffic
rules (in case of transport construction machinery) for 03 - 05 months;
g) The offence(s)
specified in clauses 3 and 6 of this Article in case a vehicle owner directly
operates a vehicle exceeding the seating capacity by more than 50% - 100% shall
lead to suspension of the driver’s license for 01 - 03 months;
h) The offence(s)
specified in clauses 3 and 6 of this Article in case a vehicle owner directly
operates a vehicle exceeding the seating capacity by more than 100% shall lead
to suspension of the driver’s license for 03 - 05 months;
i) The offence(s)
specified in point h clause 7, point d clause 9, point a clause 10, clause 11,
point a clause 12 of this Article where the trunk or payload of a vehicle is
not conformable with applicable regulations shall lead to suspension of the
certificate of technical and environmental safety inspection and inspection
stamp for 01 - 03 months;
k) The offence(s)
specified in points a, e and g clause 9 of this Article shall lead to
confiscation of the certificate of technical and environmental safety
inspection or inspection stamp for 01 - 03 months;
l) The offence(s)
specified in clauses 3 and 6 of this Article in case of operating a vehicle
exceeding the seating capacity by more than 50% shall lead to suspension of
badges for 01 - 03 months (if any). The offence(s) specified in point h, point
i clause 7; point c, point d clause 9; point a clause 10; clause 11; clause 12;
clause 13; clause 14 of this Article shall lead to suspension of badges for 01
- 03 months (if any).”;
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“16. Apart from the
penalties, the violator is compelled to:
a) Restore the brand or
paint color to that which is written on the certificate of vehicle registration
as prescribed if the offence specified in clause 1 or point m clause 7 of this
Article is committed;
b) Replace it with the
equipment satisfactory to technical safety standards as prescribed (installing
correct type of safety glass) if the offence specified in point a clause 2 of
this Article is committed;
c) Correctly comply with
regulations on license plates and lettering on sides and doors of vehicles if
the offence specified in clause 4a or point g clause 8 of this Article is
committed;
d) Restore the original
shape, size or technical condition of the vehicle and apply for another
registration before the vehicle is put back into operation if the offence
specified in points a, e and g clause 9 of this Article is committed;
dd) Adjust the trunk in
accordance with applicable regulations, apply for another registration and
adjust the amount of goods in a manner that is satisfactory to the certificate
of technical and environmental safety inspection in accordance with applicable
regulations before the vehicle is put back into operation in case of committing
the offence specified in point h clause 7, point d clause 9, point a clause 10,
clause 11 or point a clause 12 of this Article where the vehicle’s trunk or
amount of goods permitted for transport are not conformable with applicable
regulations;
e) Restore the bridge or
road to its original condition in case of committing any of the offences
specified in point g, point h, point i clause 7; point c clause 8; point d,
point dd clause 9; point a clause 10; clause 11; clause 12; clause 13; clause
14 of this Article, thereby damaging a bridge or road;
g) Follow procedures for
vehicle registration, transfer of vehicle ownership, replacement or revocation
of the certificate of vehicle registration, license plate or certificate of
technical and environmental safety inspection as prescribed (except for vehicle
confiscation) if any of the offences specified in point b clause 4; points e
and g clause 5; points c, d and l clause 7; point b clause 10 of this Article
is committed.”.
18. Article 33 is amended
as follows:
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1. A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed for failure to comply with the
transport permit, except for the offences specified in points a and b clause 3;
points b and c clause 4 of this Article.
2. A fine ranging from
VND 4,000,000 to VND 6,000,000 shall be imposed for operating a vehicle whose
GVW exceeds the capacity of the bridge or road by more than 10% to 20%, unless
it is permitted in an unexpired transport permit.
3. A fine ranging from
VND 8,000,000 to VND 10,000,000 shall be imposed for any of the following
offences:
a) Carrying goods
exceeding the dimensional limit of the bridge or road written in the transport
permit;
b) Operating a tracked
vehicle on public roads without a transport permit or with an expired one or
without taking measures to protect the road on which it is running;
c) Operating a vehicle
whose size or cargo size exceeds the dimensional limit of the bridge or road on
which it is running, unless it is permitted in an unexpired transport permit.
4. A fine ranging from
VND 13,000,000 to VND 15,000,000 shall be imposed for any of the following
offences:
a) Operating a vehicle
whose GVW or gross axle weight (including cargo and passengers on the vehicle)
exceeds the capacity of the bridge or road by more than 20% to 50%, unless it
is permitted in an unexpired transport permit;
b) Operating a vehicle
with an unexpired transport permit but the GVW or gross axle weight of which
(including cargo and passengers (if any) on the vehicle) exceeds the limit
written in the transport permit;
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5. A fine ranging from
VND 40,000,000 to VND 50,000,000 shall be imposed for any of the following
offences:
a) Operating a vehicle whose
GVW or gross axle weight (including cargo and passengers on the vehicle)
exceeds the capacity of the bridge or road by more than 50%, unless it is
permitted in an unexpired transport permit;
b) Disobeying the order
for weight or size inspection; transferring load or using other tricks to pass
the inspection.
6. Apart from incurring
fines, the violating operator shall incur the following additional penalties:
a) The offence(s)
specified in clause 1, clause 3 and point a clause 4 of this Article shall lead
to suspension of the driver’s license (in case of motor vehicles and the like
and tractors) and the certificate of training in traffic rules (in case of
transport construction machinery) from 01 - 03 months;
b) The offence(s)
specified in point b and point c clause 4 of this Article shall lead to
suspension of the driver’s license (in case of motor vehicles and the like and
tractors) and the certificate of training in traffic rules (in case of
transport construction machinery) from 02 - 04 months;
c) The offence specified
in clause 5 of this Article shall lead to suspension of the driver’s license
(in case of motor vehicles and the like and tractors) and the certificate of
training in traffic rules (in case of transport construction machinery) from 03
- 05 months;
7. If the bridge or road
is damaged by the offences specified in clauses 1, 2, 3, 4 and 5 of this
Article, the violator shall be compelled to restore it to its original
condition apart from incurring the penalties.”.
19. Several points and
clauses of Article 34 are amended as follows:
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“2. A fine ranging from
VND 10,000,000 to VND 15,000,000 shall be imposed illegally racing motorcycles,
mopeds, and electric motorcycles.”;
b) Clause 3 of Article 34
is amended as follows:
“3. A fine ranging from
VND 20,000,000 to VND 25,000,000 shall be imposed illegally racing cars.”.
20. Article 35 is amended
as follows:
“Article 35. Penalties
imposed upon operators of motor vehicles bearing foreign license plates
1. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed upon an operator of a motor
vehicle bearing a foreign license plate who commits any of the following
offences:
a) The vehicle documents
are not translated into English or Vietnamese;
b) Operating a passenger
vehicle without a list of passengers as prescribed.
2. A fine ranging from
VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following
offences:
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b) Operating a vehicle
without a international transport license or international shipping badge or
without an unexpired one;
c) Transporting
passengers or cargo against the concluded Agreements or Protocols on road
transport, except for the offences specified in clauses 1, 3, 4 and 5 of this
Article.
3. A fine ranging from
VND 8,000,000 to VND 10,000,000 shall be imposed for any of the following
offences:
a) Operating a vehicle
without a temporary license plate (if required) or one issued by a competent
authority;
b) Operating a right-hand
drive vehicle or a foreigner’s vehicle in Vietnam on public roads for tourism
purposes without a guiding vehicle as prescribed;
c) The nationality of the
operator of the right-hand drive vehicle or a vehicle bearing a foreign license
plate is not correct.
4. A fine ranging from
VND 10,000,000 to VND 12,000,000 shall be imposed for any of the following
offences:
a) Operating a vehicle
beyond permissible areas;
b) Operating a vehicle
within Vietnam’s territory less than 30 days behind schedule;
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6. Apart from incurring
penalties, the vehicle operator that commits any of the offences in point b,
point c clause 2; point a clause 3; point b clause 4; clause 5 of this Article
is compelled to re-export the vehicle from Vietnam.”.
21. Point d is added after
point c clause 2 of Article 37 as follows:
“d) Providing training to
learners who fail to submit sufficient required documents.”;
22. Point c is added
after point b clause 1 of Article 38 as follows:
c) Failure to correctly
perform the tasks assigned.”.
23. The introductory
paragraph and point a clause 3 of Article 44 are amended as follows:
a) The introductory
paragraph of clause 3 of Article 44 is amended as follows:
“3. A fine ranging from
VND 2,000,000 to VND 3,000,000 shall be imposed upon a passenger train driver,
passenger train captain or deputy to passenger train captain responsible for
safety who commits any of the following offences:”;
b) Point a clause 3 of
Article 44 is amended as follows:
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24. Title and several
points and clauses of Article 66 are amended as follows:
a) Title of Article 66 is
amended as follows:
“Article 66. .
Penalties incurred by train drivers, co-driver and persons directly operating
railway vehicles in service of technology lines of enterprises”;
b) The introductory
paragraph of clause 3 of Article 66 is amended as follows:
“3. A fine ranging from
VND 1,000,000 to VND 2,000,000 shall be imposed upon a train driver or person
directly operating railway vehicles in service of technology lines of
enterprises who commits any of the following offences:”;
c) Point c clause 3 of
Article 66 is amended as follows:
“c) Operating a train or
railway vehicle in service of technology lines of enterprises that exceeds the
speed limits in maximum speed order by up to 10 km/h.”;
d) Clause 4 of Article 66
is amended as follows:
“4. A fine ranging from
VND 4,000,000 to VND 6,000,000 shall be imposed upon a train driver or person
directly operating railway vehicles in service of technology lines of
enterprises who operates a train or railway vehicle in service of technology
lines of enterprises in excess of the speed limits in maximum speed order by
more than 10 km/h to 20 km/h.”;
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“5. A fine ranging from
VND 6,000,000 to VND 8,000,000 shall be imposed upon a train driver or person
directly operating railway vehicles in service of technology lines of
enterprises who commits any of the following offences:”;
e) Point a clause 5 of
Article 66 is amended as follows:
“a) Operating a train or
railway vehicle in service of technology lines of enterprises that exceeds the
speed limits in maximum speed order by more than 20 km/h;”.
25. Point a clause 1 of
Article 67 is amended as follows:
“a) Failure to conduct
medical check-up for railway employees directly serving train operation under
their management as prescribed by law;”.
26. Several points and
clauses of Article 74 are amended as follows:
a) Points e and g clause
2 of Article 74 are amended as follows:
“e) Clause 1; clause 2;
point a clause 3; points a, b, c, d, dd, e, p and q clause 4; clause 5; points
d, dd, e, i, m, n, o, p and q clause 6; points a, b, h and i clause 7 of
Article 28;
g) Article 29, Article
30, Article 31, Article 32, Article 33, Article 34, Article 35 (except for point
b, point c clause 2; point a clause 3; point a clause 3; point b clause 4;
clause 5 Article 35), Article 36;”;
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“a) Point dd, point g
clause 1; points g and h clause 2; points b, d, dd, e, k, r and s clause 3;
points b, d, dd, g and i clause 4; points b and c clause 5; points b and c
clause 6; point b clause 7; point c clause 8; clause 9; clause 10 of Article 5;
b) Point g, point n
clause 1; points a, dd, h and l clause 2; points b, c, d, dd, e, i, k, m, n and
o clause 3; points b, d, e, g and h clause 4; clause 5; points a and c clause
6; point c clause 7; clause 8; clause 9 of Article 6;”;
c) Point h clause 3 of
Article 74 is amended as follows:
“h) Point b clause 3;
points a, b, c, dd, e and k clause 5; points a, b and c clause 6; clause 7a of
Article 23;”;
d) Clause 3a is added
after clause 3 of Article 74 as follows:
“3a. Firefighting,
prevention and rescue police shall, within the ambit of their assigned
functions and tasks relating to road and railway transport order and safety,
impose penalties for the offences specified in point a clause 2 Article 16;
point a clause 6 Article 23; point a clause 2 Article 32; point b clause 3
Article 40; point c clause 2 Article 51; point d clause 2 Article 73.”;
dd) Clause 4 of Article
74 is amended as follows:
“3a. Commune-level Police
Chiefs, Heads of Police Posts, Heads of Police Stations at border gates and
export processing zones shall, within the ambit of their assigned functions and
tasks relating to road and railway transport order and safety, impose penalties
for the offences specified in points, clauses and Articles of this Decree as
follows:”;
e) Point b clause 4 of
Article 74 is amended as follows:
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g) Point e clause 4 of
Article 74 is amended as follows:
“e) Clauses 1, 2, 6 and 7
of Article 11;”;
h) Point g clause 5 of
Article 74 is amended as follows:
“g) Clauses 1 through 6;
point b clause 7 of Article 16;”;
i) Point i clause 5 of
Article 74 is amended as follows:
“i) Clause 3; point b
clause 4; clause 6; clause 8; clause 9 of Article 21;”;
k) Point l clause 5 of
Article 74 is amended as follows:
“l) Points a and b clause
1; points a, b, d and dd clause 2; clause 3; clause 4; clause 5; clause 6;
clause 7; points a and b clause 8; clause 8a of Article 24;”;
l) Point n clause 5 of
Article 74 is amended as follows:
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m) Point p clause 5 of
Article 74 is amended as follows:
“p) Clause 1; point b,
point c clause 2; point c clause 3; clause 4; clause 5 of Article 35;”.
27. Article 75 is amended
as follows:
“Article 75. Power to
impose administrative penalties of People’s Committees at all levels
1. Chairmen/Chairwomen of
communal People’s Committees have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 5,000,000 for road traffic offences and rail transport offences;
c) Confiscate any exhibit
or instrumentality involved in commission of administrative offences, the value
of which does not exceed VND 10,000,000.
d) Enforce the remedial
measures specified in points a, b and c clause 1 Article 4 of this Decree.
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a) Issue warnings;
b) Impose a fine of up to
VND 37,500,000 for road traffic offences and rail transport offences;
c) Suspend the license or
practicing certificate or suspend the operation;
d) Confiscate any exhibit
or instrumentality involved in commission of administrative offences;
dd) Enforce the remedial
measures specified in points a, b, c, dd and e clause 1 Article 4 of this
Decree.
3. Chairmen/Chairwomen of
provincial People’s Committees have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 75,000,000 for road traffic offences and rail transport offences;
c) Suspend the license or
practicing certificate or suspend the operation;
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dd) Enforce the remedial
measures specified in clause 1 Article 4 of this Decree.”.
28. Article 76 is amended
as follows:
“Article 76. Power to
impose administrative penalties of the People’s Public Security
1. Soldiers of the
People’s Public Security in the performance of their duty have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 500,000 for road traffic offences and rail transport offences.
2. Heads of company-level
Mobile Police units, Station Heads and Team Leaders supervising the persons
defined in clause 1 of this Article have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 1,500,000 for road traffic offences and rail transport offences.
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a) Issue warnings;
b) Impose a fine of up to
VND 2,500,000 for road traffic offences and rail transport offences;
c) Confiscate any exhibit
or instrumentality involved in commission of administrative offences, the value
of which does not exceed VND 5,000,000;
d) Enforce the remedial
measures specified in points a and c clause 1 Article 4 of this Decree.
4. District-level Police
Chiefs; the Head of the Professional Division of the Traffic Police Department;
the Head of the Professional Division of the Police Department for
Administrative Management of Social Order, the Head of the Professional
Division of the Department of Fire Prevention, Fighting and Rescue; the Chiefs
of provincial Police Departments including Chiefs of Police Divisions for
Administrative Management of Social Order, Chiefs of Traffic Police Divisions,
Chiefs of Road and Railway Traffic Police, Chiefs of Road Traffic Police
Divisions, Chiefs of Mobile Police Divisions, Chiefs of Firefighting,
Prevention and Rescue Police Divisions and Colonels of Mobile Police Regiments
have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 15,000,000 for road traffic offences and rail transport offences;
c) Suspend the license or
practicing certificate or suspend the operation;
d) Confiscate any exhibit
or instrumentality involved in commission of administrative offences, the value
of which does not exceed VND 30,000,000;
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5. Directors of
provincial Police Departments have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 37,500,000 for road traffic offences and rail transport offences;
c) Suspend the license or
practicing certificate or suspend the operation;
d) Confiscate any exhibit
or instrumentality involved in commission of administrative offences;
dd) Enforce the remedial measures
specified in points a, c, dd and e clause 1 Article 4 of this Decree.
6. Director General of
the Traffic Police Department, Director General of the Police Department for
Administrative Management of Social Order, Director General of the Firefighting,
Prevention and Rescue Police Department and Commander of the Mobile Police have
the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 75,000,000 for road traffic offences and rail transport offences;
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d) Confiscate any exhibit
or instrumentality involved in commission of administrative offences;
dd) Enforce the remedial
measures specified in points a, c, dd and e clause 1 Article 4 of this
Decree.”.
29. Article 77 is amended
as follows:
“Article 77. Power to
impose administrative penalties of specialized inspectors, seaport authorities,
airport authorities, inland waterways port authorities
1. Inspectors and persons
authorized to perform specialized inspection tasks in the performance of their
duty have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 500,000 for road traffic offences and rail transport offences;
c) Confiscate any exhibit
or instrumentality involved in commission of administrative offences, the value
of which does not exceed VND 1,000,000;
d) Enforce the remedial
measures specified in points a and c clause 1 Article 4 of this Decree.
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a) Issue warnings;
b) Impose a fine of up to
VND 37,500,000 for road traffic offences and rail transport offences;
c) Suspend the license or
practicing certificate or suspend the operation;
d) Confiscate any exhibit
or instrumentality involved in commission of administrative offences, the value
of which does not exceed VND 75,000,000;
dd) Enforce the remedial
measures specified in clause 1 Article 4 of this Decree.
3. Chiefs of
inspectorates of the Ministry of Transport and the Ministry of Natural
Resources and Environment have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 52,500,000 for road traffic offences and rail transport offences;
c) Suspend the license or
practicing certificate or suspend the operation;
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dd) Enforce the remedial
measures specified in clause 1 Article 4 of this Decree.
a) Issue warnings;
b) Impose a fine of up to
VND 75,000,000 for road traffic offences and rail transport offences;
c) Suspend the license or
practicing certificate or suspend the operation;
d) Confiscate any exhibit
or instrumentality involved in commission of administrative offences;
dd) Enforce the remedial
measures specified in clause 1 Article 4 of this Decree.
5. Chief representatives
of seaport authorities, airport authorities and inland waterway port
authorities have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 10,000,000 for road traffic offences.
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a) Issue warnings;
b) Impose a fine of up to
VND 50,000,000 for road traffic offences;
c) Suspend the license or
practicing certificate or suspend the operation;
d) Confiscate any exhibit
or instrumentality involved in commission of administrative offences;
dd) Enforce the remedial
measures specified in points a, b, c, dd and e clause 1 Article 4 of this
Decree.”.
30. Several points and
clauses of Article 80 are amended as follows:
a) Clause 1 of Article 80
is amended as follows:
“1. If the owner of the
violating vehicle is present at the scene of the violation, the competent
person shall rely on the violation to make an administrative violation record
and a decision on administrative penalty imposition in accordance with
corresponding points and clauses in Article 30 of this Decree.”;
b) Clause 2 of Article 80
is amended as follows:
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c) Point a clause 3 of
Article 80 is amended as follows:
“a) Penalties for the
offences against regulations on license plates, certificates of vehicle
registration and certificates of temporary vehicle registration specified in
Article 16 (point a, point b clause 4; points a, b and d clause 6; point a
clause 7), Article 17 (clause 2; point a clause 3), Article 19 (point a Clause
1; points a, d, dd and e Clause 2) and corresponding offences specified in
Article 30 (point 4a; points g, h and k clause 5; points e and g clause 8;
point i clause 9; point b clause 10) in case vehicle owners directly operate
the vehicles shall be imposed according to corresponding points and clauses of
Article 30 of this Decree;”;
d) Point b clause 3 of
Article 80 is amended as follows:
“b) Penalties for the offences
against regulations on certificates and technical and environmental safety
inspection stamps of vehicles specified in Article 16 (point a clause 5; points
b and c clause 6), Article 19 (point dd clause 1; points c and e clause 3) and
corresponding offences specified in Article 30 (points b and e clause 8; point
c clause 9) in case vehicle owners directly operate the vehicles shall be
imposed according to corresponding points and clauses of Article 30 of this
Decree;”;
dd) Points d, dd and e
clause 3 of Article 80 are amended as follows:
“d) Penalties for the
offences against regulations on service life of vehicles specified in Article
16 (point b clause 7) and corresponding offences specified in Article 28 (point
i clause 6), Article 30 (point dd clause 8) in case vehicle owners or transport
service providers directly operate the vehicles shall be imposed according to
point i clause 6 Article 28 or point dd clause 8 Article 30 of this Decree;
dd) Penalties for the
offences against regulations on trunks, luggage compartments, removal or
addition of seats and beds on motor vehicles specified in Article 16 (point d
clause 3, point c clause 4) and corresponding offences specified in Article 30
(point e, point g clause 6) in case vehicle owners directly operate the
vehicles shall be imposed according to corresponding points and clauses of
Article 30 of this Decree;
e) Penalties for the
offences against regulations on installation and use of trackers and cameras on
motor vehicles specified in Article 23 (point p clause 5; point dd clause 6),
Article 24 (point c clause 3; points c clause 5) and corresponding offences
specified in Article 28 (points d and o clause 6) in case transport service
providers directly operate the vehicles shall be imposed according to
corresponding points and clauses of Article 28 of this Decree;”;
e) Point k clause 3 of
Article 80 is amended as follows:
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g) Clause 4 of Article 80
is amended as follows:
“4. Regarding the
offences against regulations vehicular weight and dimensional limits of
vehicles, bridges and roads specified in Articles 24, Article 33 of this Decree
if the vehicle owner or vehicle operator commits both offences specified in
Article 24 and offences specified in Article 33 of this Decree, he/she shall
incur a penalty for each offence; regarding the offences against regulations
specified in point a clause 4 and point a clause 5 of Article 33 of this
Decree, if the vehicle owner or vehicle operator commits both offences against
regulations on GVW and offences against regulations on gross axle weight, the
higher fine shall be imposed.;”
h) Point c clause 5 of
Article 80 is amended as follows:
“c) The offence(s)
specified in Points g, h and i clause 7; point c clause 8; points d and dd
clause 9; point a clause 10; clause 11; clause 12; clause 13; clause 14 of
Article 30 shall lead to unloading of the cargo exceeding permissible payload
and exceeding dimensional limits as instructed by competent authorities at the
scene of the offences;”;
i) Point e is added after
point dd clause 5 of Article 80 as follows:
“e) The offence(s)
specified in clauses 2 and 4 of Article; clauses 3 and 6 of Article 30 (in case
of passenger transportation) shall lead to enforced provision of another
vehicle for carrying the excess passengers.”;
k) Clause 7 of Article 80
is amended as follows:
“7. When imposing a
penalty upon any of the vehicle owners specified in clause 6 of this Article,
the time limit for issuing a penalty decision may be extended but not exceeding
02 months to identify the entity that incurs the penalty as prescribed in
clause 1 Article 66 of the Law on Penalties for Administrative Violations (amended
in 2020).”.
31. Clause 2 of Article
81 is amended as follows:
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32. Several points and
clauses of Article 82 are amended as follows:
a) Clause 1 of Article 82
is amended as follows:
“1. Pursuant to clauses 2
and 8 Article 125 of the Law on Penalties for Administrative Violations
(amended in 2020), to immediately stop the violation, the person entitled to
impose penalties is allowed to impound the vehicle before issuing a decision on
to impose penalties for the offences specified in the following Articles,
clauses and points of this Decree:
a) Point c clause 6;
points a and c clause 8; clause 10 of Article 5;
b) Points b and c clause
6; point c clause 7; points a, b, c, d, e, g, h and i clause 8; clause 9 of
Article 6;
c) Point c clause 6;
point b clause 7; points a and b clause 8; clause 5 of Article 7;
d) Point q clause 1;
point e clause 3; punts a, c, d and dd (if the violating vehicle operator is
under 16 years of age), point g (if the violating vehicle operator is under 16
years of age) clause 4 of Article 8;
dd) Clause 9 of Article
11;
c) Points a and b clause
4; clause 5; points a, b and c clause 6 of Article 16;
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h) Points b and dd clause
1; points c, d, dd and e clause 2 of Article 19;
i) Clause 1; point a
clause 4; clause 5; clause 6; clause 7; clause 8; clause 9 of Article 21;
k) Points dd, g, h and k
clause 5; points b, e and h clause 8; points c and i clause 9; point b clause
10 of Article 30;
l) Point b clause 5 of
Article 33.”;
b) Clause 2 of Article 82
is amended as follows:
“2. To ensure the
implementation of the penalty imposition decision or to verify the facts before
issuing the penalty imposition decision, the person entitled to impose penalties
may impound the vehicle and papers related to the operator that commits one of
the offences in this Decree according to clause 6 and clause 8 Article 125 of
the Law on Penalties for Administrative Violations (amended in 2020). When the
papers are impounded according to clause 6 Article 125 of the Law on Penalties
for Administrative Violations, if the violator fails to settle the case at a
competent agency after the arranged date and keeps operating the vehicle, that
person shall incur a penalty for operating a vehicle without papers.”.
33. Some words and
phrases are added to the following Articles, clauses and points:
a) The phrase “khoản 4a”
(“clause 4a”) is added before the phrase “khoản 5” (“clause 5”) in point d
clause 2 and point e clause 3 of Article 74;
b) The phrase “điểm d khoản
7” (“point d clause 7;”) is added after the phrase “khoản 6” (“clause 6”) in
point a clause 5 of Article 74;
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34. Some words and
phrases in the following Articles, clauses and points are replaced:
a) The phrase “điểm a, điểm
b khoản 6; điểm a, điểm c khoản 7” (“point a, point b clause 6; point a, point
c clause 7”) in point a clause 1 of Article 5 is replaced with the phrase “điểm
a khoản 6; điểm a, điểm c, điểm d khoản 7” (“point a, clause 6; point a, point
c, point d clause 7”);
b) The phrase “điểm b khoản
6” (“point b clause 6”) in point h clause 2, point e clause 3, point d clause 4
of Article 5 is replaced with the phrase “điểm d khoản 7” (“point d clause 7”);
c) The phrase “điểm h, điểm
i khoản 5” (“point h, point i clause 5”) in point b clause 11 of Article 5 is
replaced with the phrase “điểm i khoản 5” (“point i clause 5”);
d) The phrase “1.000.000
đồng đến 2.000.000 đồng” (“from VND 1,000,000 to VND 2,000,000”) under the
title of clause 4 Article 5, clause 5 Article 7, clause 7 Article 47 is
replaced with the phrase “2.000.000 đồng đến 3.000.000 đồng” (“from VND
2,000,000 to VND 3,000,000”).
dd) The phrase “3.000.000
đồng đến 5.000.000 đồng” (“from VND 1,000,000 to VND 2,000,000”) under the
title of clause 5 Article 5, clause 8 Article 47 is replaced with the phrase
“4.000.000 đồng đến 6.000.000 đồng” (“from VND 4,000,000 to VND 6,000,000”);
e) The phrase “điểm d, điểm
g, điểm i, điểm m khoản 3” (“point d, point g, point i, point m clause 3”) in
point a clause 1 of Article 6 is replaced with the phrase “điểm a, điểm d, điểm
g, điểm i, điểm m khoản 3” (“point a, point d, point g, point i, point m clause
3”);
g) The phrase “600.000 đồng
đến 1.000.000 đồng” (“from VND 600,000 to VND 1,000,000”) in clause 4 Article
6, clause 5 Article 47 is replaced with the phrase “800.000 đồng đến 1.000.000
đồng” (“from VND 800,000 to VND 1,000,000”);
h) The phrase “điểm b khoản
6 Điều 33” (“point b clause 6 Article 33”) in clause 9 Article 11 is replaced
with the phrase “điểm b khoản 5 Điều 33” (“point b clause 5 Article 33”);
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k) The phrase “200.000 đồng
đến 300.000 đồng” (“from VND 200,000 to VND 300,000”) under the title of clause
2 Article 6, clause 3 Article 8, clause 2 Article 18, clause 4 Article 47 is
replaced with the phrase “từ 300.000 đồng đến 400.000 đồng” (“from VND 300,000
to VND 400,000”);
l) The phrase “từ 200.000
đồng đến 300.000 đồng đối với cá nhân, từ 400.000 đồng đến 600.000 đồng đối với
tổ chức” (“a fine ranging from VND 200,000 to VND 300,000 shall be imposed on
an individual and from VND 400,000 to VND 600,000 on an organization”) under
the title of clause 2 Article 15 is replaced with the phrase “từ 300.000 đồng đến
400.000 đồng đối với cá nhân, từ 600.000 đồng đến 800.000 đồng đối với tổ chức”
(“a fine ranging from VND 300,000 to VND 400,000 shall be imposed on an
individual and from VND 600,000 to VND 800,000 on an organization”);
m) The phrase “300.000 đồng
đến 400.000 đồng” (“from VND 300,000 to VND 400,000”) under the title of clause
2 Article 17, clause 1 Article 19 is replaced with the phrase “800.000 đồng đến
1.000.000 đồng” (“from VND 800,000 to VND 1,000,000”);
n) The phrase “800.000 đồng
đến 1.000.000 đồng” (“from VND 8,00,000 to VND 1,000,000”) under the title of
clause 3 Article 17 is replaced with the phrase “2.000.000 đồng đến 3.000.000 đồng”
(“from VND 2,000,000 to VND 3,000,000”);
o) The phrase “tổng mức
phạt tiền tối đa không vượt quá 40.000.000 đồng” (“the total fine incurred by
such operator shall not exceed 40,000,000”) in clause 2, clause 4 Article 23 is
replaced with the phrase “tổng mức phạt tiền tối đa không vượt quá 75.000.000 đồng”
(“the total fine incurred by such operator shall not exceed 75,000,000”);
p) The phrase “điểm a khoản
7” (“point a clause 7”) in point dd, point e, point k clause 5 of Article 23 is
replaced with the phrase “khoản 7a” (“clause 7a”);
q) The phrase “có thiết kế
từ từ 09 chỗ” in point c clause 4 of Article 28 is replaced with the phrase “có
thiết kế từ 09 chỗ”;
r) The phrase “từ
7.000.000 đồng đến 10.000.000 đồng đối với cá nhân, từ 14.000.000 đồng đến
20.000.000 đồng đối với tổ chức” (“a fine ranging from VND 7,000,000 to VND
10,000,000 shall be imposed on an individual and from VND 14,000,000 to VND
20,000,000 on an organization”) under the title of clause 7 Article 28 is
replaced with the phrase “từ 10.000.000 đồng đến 12.000.000 đồng đối với cá
nhân, từ 20.000.000 đồng đến 24.000.000 đồng đối với tổ chức” (“a fine ranging
from VND 10,000,000 to VND 12,000,000 shall be imposed on an individual and
from VND 20,000,000 to VND 24,000,000 on an organization”);
s) The phrase “tháo dỡ”
(“dismantle”) in point b clause 1, point a clause 2, point l clause 3 Article
4; point a clause 12 Article 11; point dd clause 10 Article 12; point a clause
2 Article 14; point g clause 6 Article 51; point b clause 4 Article 52; point
d, point dd, point e, point g clause 5 Article 53; point dd clause 2, point c
clause 5 of Article 54 is replaced with the phrase “điểm d khoản 7” (“point d
clause 7”) is replaced with the phrase “phá dỡ” (“destroy”);
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35. Some words and
phrases are removed from the following Articles, clauses and points:
a) The phrase “công lập”
(“public”) is removed from point c clause 2 Article 2; the phrase “, tổ hợp tác”
(“cooperative groups”) is removed from clause 3 Article 2;
b) The phrase “hoặc tái
phạm hành vi quy định tại điểm b khoản 7 Điều này,” (“or recidivism of
offence(s) specified in point b clause 7 of this Article,” is removed from
point d clause 11 of Article 5;
c) The phrase “điểm đ”
(“point dd”) is removed from point b clause 10 of Article 6;
d) The phrase “kinh doanh
vận tải, dịch vụ hỗ trợ vận tải” (“transport service, transport auxiliary
service”) is removed from title of clause 1 of Article 28.
36. The following points,
clauses and Articles are abrogated:
a) Point h clause 5 of
Article 5;
b) Point i, point k
clause 2; point dd clause 4 of Article 6;
c) Points d and dd clause
3 of Article 8;
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dd) Point b clause 1 of
Article 17;
e) Point g clause 5,
point a clause 7 of Article 23;
g) Point a clause 3,
point c clause 6 of Article 24;
h) Point clause 2; point
c clause 4; points dd and k clause 7 of Article 30;
i) Clause 11 of Article
80;
k) Article 83.
Article
3. Amendments and abrogation of some Articles of Government’s Decree No.
162/2018/ND-CP dated November 30, 2018 on administrative penalties for civil
aviation offences
1. Article 4a is added
after Article 4 as follows:
“Article 4a.
Prescriptive time limits for imposing administrative penalties for offences
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2. Completed
administrative offences
a) The offence specified
in point k clause 1 Article 7 of this Decree. The ending date of such offence
is the date of completing the maintenance of the aircraft, engine, propeller or
equipment of the aircraft at an aircraft maintenance facility which does not
obtain appropriate approved rating;
b) The offence specified
in point b clause 2 Article 7 of this Decree. The ending date of such offence
is the date of completing the inspection or calibration of the equipment
serving aircraft maintenance and repair at an unlicensed facility;
c) The offences specified
in point a clause 3 Article 10; point d clause 1 Article 14; point d clause 1
Article 20; point a, point b clause 1 Article 23 and point c clause 1 Article
29 of this Decree. The ending date of such an offence relating to report
submission is the prescribed reporting deadline;
d) The administrative
offences other than those specified in points a, b and c of this Article which
had been completed before the competent person discovered such offences are treated
as completed ones. The ending dates of the offences begin from the date on
which such offences are completed.
3. The administrative
offences other than those specified in clause 2 of this Article are treated as
in-progress ones:”.
2. Point a clause 2 of
Article 8 is amended as follows:
“a) Smoking, including
e-cigarettes or causing smoke or fire onboard the aircraft;”.
3. Points and clauses of
Article 9 is amended as follows:
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“e) Failure to update,
amend or supplement the aerodrome operation literature or facility operation
literature when there is any change to technical specifications of facilities
and equipment within an aerodrome, aircraft operation procedures, procedures for
operation and provision of services within an aerodrome or at the request of a
competent authority; failure to request a competent authority to approve
changes to technical specifications of facilities and equipment within an
aerodrome, aircraft operation procedures, procedures for operation and
provision of services within an aerodrome.”;
b) Points a and b clause
3 of Article 9 are amended as follows:
“a) Failure to publish
aeronautical information according to regulations on publication of
aeronautical information upon construction, renovation, upgrade, maintenance
and repair of facilities and installation, maintenance and repair of equipment
within an airport or aerodrome affecting operations at the airport or aerodrome
or repair of unexpected damage to runways, taxiways, aprons and equipment
serving air navigation directly menacing aviation safety and security;
b) Failure to correctly
implement the construction measures or construction plan as prescribed upon
construction, renovation, upgrade or repair of facilities in an airport or
aerodrome;”;
c) Points k and l are
added to clause 3 of Article 9 as follows:
“k) Changing the time of
construction, renovation, upgrade, maintenance or repair of facilities or
installation, maintenance or repair of equipment within an airport or aerodrome
affecting flight activities as notified according to regulations on publication
of aeronautical information without reaching an agreement with authorities and
organizations concerned before following the procedures for notifying the
change;
l) Failure to correctly
implement the plan to maintain security, safety and environmental hygiene
during construction, renovation, upgrade, maintenance or repair of facilities
or installation, maintenance or repair of equipment within an airport or
aerodrome as prescribed.”.
d) Point d clause 4 of
Article 9 is amended as follows:
“d) Failure to implement
the construction measures or construction plan as prescribed upon construction,
renovation, upgrade or repair of facilities in an airport or aerodrome;”;
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“dd) Failure to examine
the conditions of runways, taxiways and aprons to remove foreign object debris;
e) Failure to implement
the plan to maintain security, safety and environmental hygiene during
construction, renovation, upgrade, maintenance or repair of facilities or
installation, maintenance or repair of equipment within an airport or aerodrome
as prescribed.”;
e) Point k clause 5 of
Article 9 is amended as follows:
“k) Installing light
boards and advertisement panels using rotary lamp, laser light protector and
lighting device within an airport or aerodrome or its vicinity which interfere
with the flight activities in the airport or aerodrome;”;
g) Point m clause 5 of Article
9 is amended as follows:
“m) Constructing,
renovating, upgrading, maintaining or repairing facilities or installing,
maintaining or repairing equipment within an airport or aerodrome without
obtaining the competent authority’s approval for the aviation security and
safety assurance plan;”;
h) Points n and o are
added to clause 5 of Article 9 as follows:
“n) Constructing,
renovating or upgrading a facility or installing equipment within an airport or
aerodrome in a manner that fails to serve its intended purpose or conform to
the airport or aerodrome planning or general floor plan approved by the
competent authority;
o) Constructing,
renovating, upgrading, maintaining or repairing facilities or installing,
maintaining or repairing equipment within an airport or aerodrome without
obtaining the competent authority’s approval for the construction plan.”;
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“d) Being compelled to
make adjustments so that it conforms to the airport or aerodrome planning or
general floor plan approved by the competent authority if the offence specified
in point n clause 5 of this Article is committed.”.
4. Several points and
clauses of Article 10 are amended as follows:
b) Points a, b and c
clause 1 of Article 10 are amended as follows:
“a) Providing
non-aviation services at an airport without ensure satisfaction of standards
and quality of sold services and products; failure to openly post prices of
services and products; failure to ensure that products are duly marked; failure
to have the certificate of product quality and certificate goods origin;
b) Placing advertising
panels or use of fliers and sound for advertisement in the air operations area
or at emergency exits of the facilities at an airport or aerodrome;
c) Using sound for
advertisement in facilities of the airport/aerodrome infrastructure; in other
facilities causing interference with aviation services;”;
b) Points d and dd are
added to clause 1 of Article 10 as follows:
“d) Placing advertising
panels that interfere with aviation safety, aviation security, fire safety,
traffic safety or movement of persons and vehicles at an aerodrome or airport;
dd) Constructing
advertising works and installing advertising facilities causing interference
with the aesthetic and architectural features of the terminals and the signs
inside the terminals.”;
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“e) Installing electronic
devices and screens for advertisement on the ground vehicles operating in restricted
areas of the airport/aerodrome or the equipment in the apron.”;
d) Point dd is added to
clause 4 of Article 10 as follows:
“dd) Providing
non-aviation services in air operations areas against regulations.”;
dd) Point g is added to
clause 5 of Article 10 as follows:
“g) Failure to maintain
the fulfillment of conditions for operating facilities and equipment of the
airport/aerodrome and failure to provide aviation services in accordance with
applicable standards and technical regulations.”.
5. Clause 6 of Article 11
is amended as follows:
“6. Additional penalties:
a) Suspend the license
for 01 - 03 months if an aviation staff member commits the offence prescribed
in point a, b or c clause 1 of this Article;
b) Suspend the license
for 03 - 05 months if an aviation staff member commits the offence prescribed
in clause 2 or point a, b, c, d, dd, e or l clause 3, clause 4 or point g
clause 5 of this Article.”.
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“dd) Failure to formulate
a fuel monitoring plan as prescribed;
e) Failure to send the
fuel monitoring plan as prescribed;
g) Failure to submit the
emission report regarding an international flight; fuel use report regarding a
domestic flight as prescribed.”.
7. Title of Section 4 in
Chapter II is amended as follows:
“Section 4. OFFENCES
AGAINST REGULATIONS ON WORK PERFORMANCE AS PER WORK INSTRUCTION MANUAL, WORK
PERFORMANCE PROCEDURE AND JOB REQUIREMENTS BY AVIATION STAFF AND OTHER
EMPLOYEES; PROFESSIONAL TRAINING AND COACHING COURSES, EMPLOYMENT AND MEDICAL
EXAMINATION FOR AVIATION STAFF
8. Title and several
points and clauses of Article 16 are amended as follows:
a) Title of Article 16 is
amended as follows:
“Article 16. Offences against
regulations on work performance as per work instruction manual, work
performance procedure and job requirements”;
b) Point d clause 2 of
Article 16 is amended as follows:
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c) Points a and b clause
3 of Article 16 are amended as follows:
“a) Performing duties
against the work instruction manual, work performance procedure and job
requirements resulting in influence on civil aviation activities except but not
menacing aviation security and safety, except for the cases in point b clause
3; point dd clause 4 and point d clause 5 of this Article;
b) Performing the duty of
maneuvering an aircraft, controlling air traffic, maintaining or repairing an
aircraft and its equipment, formulating an aircraft maintenance plan,
generating aircraft maintenance data or ensuring aircraft engineering against
the work instruction manual, work performance procedure and job requirements;”;
d) Point d clause 3 of
Article 16 is amended as follows:
“d) Failure to fulfill
duties of aviation staff as stated in the issued or recognized aviation staff
license or professional certificate, except for the cases in point b clause 4
and point e clause 5 of this Article.”;
dd) Point a clause 4 of
Article 16 is amended as follows:
“a) Perform duties
against the work instruction manual, work performance procedure and job
requirements resulting in menacing aviation security and safety, except for the
cases in point b clause 3, point dd clause 4 and point d clause 5 of this
Article;”;
e) Points c and dd clause
4 of Article 16 are amended as follows:
“c) Failure to fulfill duties
of aviation staff as stated in the issued or recognized aviation staff license
or professional certificate resulting in menacing aviation security and safety,
except for the cases in point b clause 4 and point e clause 5 of this Article;
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g) Point a clause 5 of
Article 16 is amended as follows:
“a) Using an aviation
staff license, rating, professional certificate, fit for work certificate or
certificate of English language proficiency not issued by a competent
authority;”;
h) Point d clause 5 of
Article 16 is amended as follows:
“d) Performing the duty
of maneuvering an aircraft, controlling air traffic, maintaining or repairing
an aircraft and its equipment, formulating an aircraft maintenance plan,
generating aircraft maintenance data or ensuring aircraft engineering against
the work instruction manual, work performance procedure and job requirements
resulting in menacing aviation security and safety;”;
i) Points a and b clause
7 of Article 16 are amended as follows:
“a) Suspend the license
for 01 - 03 months if an aviation staff member commits the any of offences
prescribed in point a, c or h clause 4, point b, d, dd, e or g clause 5 or
point c clause 6 of this Article;
b) Suspend the license
for 03 - 05 months if an aviation staff member commits the offence prescribed
in point a clause 6 of this Article;”.
9. Title and several
points and clauses of Article 18 are amended as follows:
a) Title of Article 18 is
amended as follows:
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b) Clause 1 of Article 18
is amended as follows:
“1. A fine ranging from
VND 5,000,000 (five million) to VND 10,000,000 (ten million) shall be imposed
for hiring or asking another person to do the test or impersonating the
candidate or assisting the candidate in doing his/her professional knowledge
test; aviation English language proficiency test;
c) Points b, c and d
clause 2 of Article 18 are amended as follows:
“b) Providing a
professional training, refresher training or coaching course on aviation
against the training program; failure to provide sufficient training hours as
regulated;
c) Employing unqualified
teachers to provide professional training, refresher training or coaching
courses on aviation;
d) Failure to archive or
insufficiently archiving training and coaching documents as prescribed.”;
d) Point d clause 3 of
Article 18 is amended as follows:
“b) Providing aviation
training and coaching courses beyond the scope of the certificate of
eligibility to provide aviation training and coaching services issued by the
competent authority.”;
dd) Clause 5 of Article
18 is amended as follows:
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Enforced invalidation of
the result if the offence prescribed in clause 1 of this Article is
committed.”.
10. Clause 4 of Article
19 is amended as follows:
“4. A fine ranging from
VND 30,000,000 (thirty million) to VND 40,000,000 (forty million) shall be
imposed for any of the following offences:
a) Failure to maintain
the fulfillment of eligibility requirements regarding organizational structure;
facilities and equipment; medical examination and assessment procedures;
personnel as stated in the aviation medical center certificate granted by a
competent authority;
b) Failure to operate an
approved quality assurance system or equivalent as prescribed.”.
11. Clause 1 of Article
21 is amended as follows:
“1. A fine ranging from
VND 3,000,000 (three million) to VND 5,000,000 (five million) shall be imposed
for dropping or flying equipment, items and other objects in the air affecting
flight activities.”.
12. Several points of
clause 1 of Article 82 are amended as follows:
a) Point b clause 1 of
Article 22 is amended as follows:
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b) Point c is added to
clause 1 of Article 22 as follows:
“c) Failure to post or
disclose hotline as prescribed.”.
13. Points g, h and i are
added to clause 1 of Article 23 as follows:
“g) Failure to notify
operations of representative offices and ticket offices of foreign airlines to
the competent authority as of the date of issue of the license as prescribed;
h) Failure to operate at
the head office as of the date of issue of the license to set up representative
office or ticket office of the foreign airline; failure to post on a newspaper
issued in Vietnam as prescribed;
i) Failure to notify the competent
authority of the change of personnel who is a foreigner.”.
14. Points l and m are
added to clause 3 of Article 24 as follows:
“l) Failure to provide
information about the reasons for flight cancellation or flight delay as
prescribed;
m) Failure to notify or
insufficiently notify non-refundable advance compensation as prescribed.”.
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a) Title of Article 25 is
amended as follows:
“Article 25. Offences
against regulations on management and use of aviation security control badges
and permits and identity documents”;
b) Points a, b and c
clause 2 of Article 25 are amended as follows:
“a) Using an aviation
security control badge or permit or aviation security or safety inspector card
or quality service inspector card of another person to enter restricted areas
in an airport or aerodrome or board an aircraft;
b) Using an indentity
document not issued by a competent authority or; ticket or boarding pass not
issued by a competent airline or using an identity document, ticket or boarding
pass of another person to enter the secure area or board an aircraft or
allowing another person to enter the secure area or board an aircraft;
c) Letting another person
use the aviation security control badge or permit or aviation security or
safety inspector card or quality service inspector card of another person to
enter restricted areas in an airport or aerodrome or board an aircraft.”;
c) Clause 3 of Article 25
is amended as follows:
“3. A fine ranging from
VND 5,000,000 (five million) to VND 10,000,000 (ten million) shall be imposed
for using the aviation security control badge or permit or aviation security or
safety inspector card or quality service inspector card not issued by a
competent authority.”.
16. Point a clause 9 of
Article 26 is amended as follows:
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17. Several points and
clauses of Article 27 are amended as follows:
a) Point i is added after
clause 2 of Article 27 as follows:
“i) Failure to provide
the consignment security declaration to the transit or transfer
airport/aerodrome operator and the airline as prescribed.”;
b) Point a clause 3 of
Article 27 is amended as follows:
“a) Failure to correctly
the aviation security program or aviation security regulation approved by the
competent authority;”;
c) Point a clause 4 of
Article 27 is amended as follows:
“a) Failure to have an
aviation security program or aviation security regulation approved by a
competent authority;”.
18. Clause 6 of Article
28 is amended as follows:
“6. Additional penalties:
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19. Clause 5 of Article
30 is amended as follows:
“5. Additional penalties:
Suspend the license for
01 - 03 months if an aviation staff member commits any of the offences
prescribed in point b clause 2 or clause 3 of this Article.”.
20. Several points and
clauses of Article 31 are amended as follows:
a) Point e clause 1 of
Article 31 is amended as follows:
“c) Confiscate any
exhibit or instrumentality involved in commission of administrative offences,
the value of which does not exceed VND 1,000,000;”;
b) Point d clause 2 of
Article 31 is amended as follows:
“d) Confiscate any
exhibit or instrumentality involved in commission of administrative offences,
the value of which does not exceed VND 100,000,000;”;
c) Point d clause 3 of
Article 31 is amended as follows:
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21. Several points and
clauses of Article 32 are amended as follows:
a) Point c clause 1 of
Article 32 is amended as follows:
“c) Confiscate any
exhibit or instrumentality involved in commission of administrative offences,
the value of which does not exceed VND 20,000,000.”;
b) Point b clause 2 of
Article 32 is amended as follows:
“b) Impose a fine of up
to VND 50,000,000;”;
c) Point d clause 2 of
Article 32 is amended as follows:
“d) Confiscate any
exhibit or instrumentality involved in commission of administrative offences;”.
22. Several points and
clauses of Article 33 are amended as follows:
a) Point c clause 1 of
Article 33 is amended as follows:
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b) Point d clause 2 of
Article 33 is amended as follows:
“d) Confiscate any
exhibit or instrumentality involved in commission of administrative offences;”.
23. Article 34 is amended
as follows:
“Article 34. Power to
impose administrative penalties of the People’s Public Security
1. Soldiers of the
People’s Public Security in the performance of their duty have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 500,000.
2. Heads of company-level
Mobile Police units, Station Heads and Team Leaders supervising the persons
defined in clause 1 of this Article have the power to:
a) Issue warnings;
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3. Commune-level Police
Chiefs, Heads of Police Posts, Heads of Police Stations at border gates, Heads
of International Airport Police and Majors of Mobile Police Battalions have the
power to:
a) Issue warnings;
b) Impose a fine of up to
VND 2,500,000;
c) Confiscate any exhibit
or instrumentality involved in commission of administrative offences if its
value is not 02 times as high as the penalty amount specified in point b of
this clause;
d) Enforce the remedial
measures specified in point c clause 3 Article 4 of this Decree.
4. District-level Police
Chiefs; the Head of the Professional Division of the Traffic Police Department;
the Head of the Professional Division of the Police Department for
Administrative Management of Social Order; the Head of the Professional
Division of the Department of Fire Prevention, Fighting and Rescue; the Head of
the Professional Division of the Immigration Department; the Chiefs of
provincial Police Departments including Chiefs of Police Divisions for
Administrative Management of Social Order, Chiefs of Traffic Police Divisions,
Chiefs of Road and Railway Traffic Police, Chiefs of Road Traffic Police
Divisions, Chiefs of Mobile Police Divisions, Chiefs of Police Divisions for
Prevention and Control of Environmental Crimes, Chiefs of Firefighting,
Prevention and Rescue Police Divisions and Colonels of Mobile Police Regiments
have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 20,000,000;
c) Suspend the license or
suspend the operation;
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dd) Enforce the remedial
measures specified in points c, dd and e clause 3 Article 4 of this Decree.
5. Directors of
provincial Police Departments have the power to:
a) Issue warnings;
b) Impose a fine of up to
VND 50,000,000;
c) Suspend the license or
suspend the operation;
d) Confiscate any exhibit
or instrumentality involved in commission of administrative offences;
dd) Make decision on
imposition of deportation penalty;
e) Enforce the remedial
measures specified in points c, dd, e and n clause 3 Article 4 of this Decree.
6. Director General of
the Police Department for Administrative Management of Social Order, Director
General of the Investigation Police Department for Social Order Crimes,
Director General of the Traffic Police Department, Director General of the
Firefighting, Prevention and Rescue Police Department, Director General of the
Police Department for Prevention and Control of Environmental Crime, Director
General of the Internal Security Department and Commander of the Mobile Police
have the power to:
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b) Impose a fine of up to
VND 100,000,000;
c) Suspend the license or
suspend the operation;
d) Confiscate any exhibit
or instrumentality involved in commission of administrative offences;
dd) Enforce the remedial
measures specified in points c, dd, e and n clause 3 Article 4 of this Decree.
7. The Director General of
Immigration Department has the power to impose penalties as prescribed in
clause 6 of this Article and make decision on imposition of deportation
penalty.
8. The People’s Public
Security force has the power to impose penalties for administrative civil aviation
offences in the following circumstances:
a) The administrative
offence is discovered during the implementation of an emergency plan;
b) Administrative civil
aviation offences regarding social security, order and safety are discovered at
public areas of airports or aerodromes or are transferred by civil aviation
authorities.”.
24. The introductory
paragraph and several points and clauses of Article 36 are amended as follows:
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“Aviation inspectors and
airports authorities have the power to make administrative offence records;
impose primary and additional penalties; apply remedial measures to the
administrative offences mentioned in this Decree and administrative aviation
offence violations specified in the following documents:”;
b) Clause 5 of Article 36
is amended as follows:
“5. Clause 2 Article 6,
Article 7, Article 11, clauses 1 and 2 Article 23 and clause, point c clause 3
Article 30 of the Government’s Decree No. 98/2020/ND-CP dated August 26, 2020
prescribing penalties for administrative violations against regulations on
commerce, production and trade in counterfeit and prohibited goods, and
protection of consumer rights.”
c) Clause 7 of Article 36
is amended as follows:
“7. Point dd clause 1
Article 9, point a clause 3 Article 10, Article 20, Article 21 and point a
clause 1, point b clauses 4 through 8 Article 22 of the Government’s Decree No.
155/2016/ND-CP dated November 18, 2016 on penalties for administrative
violations against regulations on environmental protection.”;
d) Point 9 is added to
Article 36 as follows:
“9. Clause 1, clause 2,
clause 4 Article 6, point b clause 2 Article 11, point a clause 1, clause 4
Article 12, clause 2 Article 14, Article 18, clauses 2 and 3 Article 25,
Article 26, clause 2, point a, point b clause 4 Article 29, Article 30 and
Article 31 of the Government’s Decree No. 117/2020/ND-CP dated September 28,
2020 prescribing penalties for administrative violations in medical sector.”.
25. The phrase “chứng chỉ
hành nghề” (“practicing certificate”) is removed from point a clause 2 Article
4, point c clause 2, point c clause 3, point c clause 4 Article 31, point c
clause 2 Article 32 and point c clause 2, point c clause 3 of Article 33.
26. The phrase “tháo dỡ”
(“dismantle”) in point d clause 3 Article 4, point b clause 8 Article 9, point
b clause 7 Article 10 and clause 7 of Article 21 is replaced with the phrase
“phá dỡ” (“destroy”).
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Article
4. Effect
This Decree comes into
force from January 01, 2022.
Article
5. Grandfather clause
The regulations that are advantageous
to the violators shall apply to the administrative maritime offences;
administrative road traffic offences and rail transport offences;
administrative civil aviation offences committed before the effective date of
this Decree and then discovered or currently taken into consideration.
Article
6. Implementation
Ministers, heads of
ministerial agencies, heads of Governmental agencies, Chairmen/Chairwomen of
People’s Committees of provinces and central-affiliated cities and
organizations and individuals concerned are responsible for the implementation
of this Decree.
ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
THE DEPUTY PRIME MINISTER
Le Van Thanh
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