THE GOVERNMENT
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|
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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|
No.:
162/2013/ND-CP
|
Hanoi, November
12, 2013
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DECREE
PENALTIES
FOR ADMINISTRATIVE VIOLATIONS COMMITTED WITHIN TERRITORIAL WATERS, ISLANDS AND
CONTINENTAL SHELF OF THE SOCIALIST REPUBLIC OF VIETNAM
Pursuant to the Law on Government Organization
dated December 25, 2001;
Pursuant to the Law on Actions against
Administrative Violations dated June 20, 2012;
Pursuant to the Maritime Code of Vietnam dated
June 14, 2005;
Pursuant to the Law on Sea of Vietnam dated June
21, 2012;
At the request of the Minister of National
Defence;
The Government promulgates a Decree providing
for penalties for administrative violations committed within the territorial
waters, islands and continental shelf of the Socialist Republic of Vietnam;
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GENERAL PROVISIONS
Article 1. Scope
1. This Decree deals with administrative violations,
penalties, fines, remedial measures, the power to record administrative
violations, and the power to impose penalties for administrative violations
committed within the territorial waters, islands and the continental shelf of
the Socialist Republic of Vietnam.
2. The administrative violations prescribed in this
Decree consist of:
a) Administrative violations against regulations on
management of territorial waters, islands and continental shelf of the
Socialist Republic of Vietnam;
b) Administrative violations against regulations on
maritime activities performed outside the port waters;
c) Administrative violations against regulations on
protection of marine environment.
3. Administrative violations committed in islands
or archipelagos shall be sanctioned by adopting relevant regulations on actions
against administrative violations involving state management affairs.
Administrative violations committed in the internal waters, territorial
waters, contiguous zone, exclusive economic zone and continental shelf around
islands and archipelagos of Vietnam shall be sanctioned in accordance with
regulations herein.
Article 2. Definition
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“unlawful entry into the territorial waters, islands
and continental shelf of the Socialist Republic of Vietnam” refers to a foreign
organization or individual’s act of transporting by ship or by another means of
transport within the territorial waters, islands and continental shelf of the
Socialist Republic of Vietnam and performing actions in violation of Vietnam’s
sovereignty, sovereign rights or jurisdiction as prescribed in the laws of
Vietnam and international treaties to which Vietnam is a signatory.
Article 3. Fines and power to
impose fines
1. The fines for administrative violations
committed within the territorial waters, islands and continental shelf of the
Socialist Republic of Vietnam imposed on an individual and organization shall
not exceed VND 1,000,000,000 and VND 2,000,000,000 respectively.
2. Fines for administrative violations prescribed
in Chapter II herein are imposed on individuals. The fine incurred by an
organization is twice as much as that incurred by an individual for the same
administrative violation.
3. Fines imposed by the competent officials
prescribed in Chapter III herein are incurred by individuals; a competent
official who has the power to impose fines shall have the right to give a
maximum fine twice the one given to an individual to an organization for the
same administrative violation.
Article 4. Remedial measures
Remedial measures against administrative violations
specified herein include:
1. Remedial measures mentioned in Points a, b, c,
d, dd, e, g, h and i Clause 1 Article 28 of the Law on actions against administrative
violations.
2. Enforced movement of persons or ships committing
violations herein away from the territorial waters, islands and continental
shelf of the Socialist Republic of Vietnam.
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4. Enforced flying of Vietnamese flag or national
flag in compliance with regulations in force.
5. Enforced operation within permitted navigation
areas conformable with the ship class.
Chapter 2.
ADMINISTRATIVE
VIOLATIONS, PENALTIES AND REMEDIAL MEASURES
SECTION 1. ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT OF TERRITORIAL WATERS, ISLANDS AND
CONTINENTAL SHELF OF THE SOCIALIST REPUBLIC OF VIETNAM
Article 5. Violations against
regulations on innocent passage in the territorial waters
1. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for illegally stopping or anchoring within the
internal waters or territorial waters of Vietnam.
2. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for coming alongside or communicating with another
ship or vessel within the internal waters or territorial waters of Vietnam.
3. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for entering prohibited or restricted areas within
the territorial waters of Vietnam.
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5. A fine ranging from VND 300,000,000 to VND
400,000,000 shall be imposed for one of the following violations:
Emission of dark smoke, use of flare guns of various kinds, sending of
signals or use of explosives within the internal waters or territorial waters
for any purposes, except distress signals and gun salutes in conformity with
laws of Vietnam.
6. A fine ranging from VND 400,000,000 to VND
500,000,000 shall be imposed for one of the following violations:
a) Any act of propaganda aimed at affecting the
defense or security of Vietnam;
b) The launching, landing or taking on board of any
aircraft or other device.
7. A fine ranging from VND 800,000,000 to VND 1,000,000,000
shall be imposed for one of the following violations:
a) Any act aimed at collecting information to the
prejudice of the defense or security of Vietnam;
b) Any illegal act of exercise or practice in any
forms.
8. Additional penalties: Confiscate the exhibits
and instrumentalities of administrative violations prescribed in Clauses 4, 5,
6 and 7 of this Article.
9. Remedial measures: Enforced movement of
persons and ships away from the territorial waters, islands and continental
shelf of the Socialist Republic of Vietnam if one of the violations prescribed
in Clauses 5, 6 and 7 of this Article is committed.
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1. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed on foreign submarines and underwater vehicles that
fail to navigate on the surface when entering the internal waters and
territorial waters of Vietnam, except cases permitted by the Government of
Vietnam.
2. Remedial measures: Demand foreign
submarines and underwater vehicles to rise to the surface if the violation
prescribed in this Article is committed.
Article 7. Violations against
regulations on flying of Vietnamese flag and national flag
1. A fine ranging from VND 2,000,000 to VND
4,000,000 shall be imposed on Vietnamese ships for failure to fly or improperly
flying the Vietnamese flag.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for one of the following violations:
a) A foreign ship’s failure to fly or improper
flying of its national flag or Vietnamese flag when entering the internal
waters of Vietnam;
b) A foreign submarine or underwater vehicle’s
failure to fly either its national flag or Vietnamese flag when entering the
internal waters of Vietnam; or failure to fly its national flag when operating
in the territorial waters of Vietnam, except the cases permitted by the
Government of Vietnam.
3. Remedial measures: Enforced flying of
Vietnamese flag or national flag as regulated if one of the violations
prescribed in Article is committed.
Article 8. Violations against
regulations on investigation, survey and research activities within the
territorial waters, islands and continental shelf of the Socialist Republic of
Vietnam
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2. A fine ranging from VND 170,000,000 to VND
200,000,000 shall be imposed for the carrying out of investigation, research or
survey activities for improper purposes, or with contents, locations, time or
voyages other than the licensed ones.
3. A fine ranging from VND 800,000,000 to VND
1,000,000,000 shall be imposed for unlawful entry into the territorial waters,
islands and continental shelf of the Socialist Republic of Vietnam for carrying
out investigation, survey or research activities concerning sea resources of
Vietnam.
4. Additional penalties:
a) Confiscate the exhibits and instrumentalities of
administrative violations prescribed in Clauses 1, 2 and 3 of this Article;
b) Suspend operation for 03 – 06 months if the
violation prescribed in Clause 1 or Clause 2 of this Article is committed.
5. Remedial measures: Enforced movement of
persons and ships away from the territorial waters, islands and continental
shelf of the Socialist Republic of Vietnam if the violation prescribed in
Clause 3 of this Article is committed.
Article 9. Unlawful entry into
territorial waters, islands and continental shelf of the Socialist Republic of
Vietnam for carrying out tourism activities
1. A fine ranging from VND 800,000,000 to VND 1,000,000,000
shall be imposed for unlawful entry into the territorial waters, islands and
continental shelf of the Socialist Republic of Vietnam for carrying out tourism
activities.
2. Remedial measures: Enforced movement of
persons and ships away from the territorial waters, islands and continental
shelf of the Socialist Republic of Vietnam if the violation prescribed in this
Article is committed.
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1. A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed for one of the following violations:
a) Failure to collect and place nets or other
fishing equipment in the hold;
b) Failure to put sonar units, fish finders or
other fish finding devices in preservation state.
2. Additional penalties: Confiscate the exhibits
and instrumentalities of administrative violation prescribed in Clause 1 of
this Article.
3. Remedial measures: Enforced movement of
persons and ships away from the territorial waters, islands and continental
shelf of the Socialist Republic of Vietnam if the violation prescribed in this
Article is committed.
Article 11. Unlawful entry
into territorial waters, islands and continental shelf of the Socialist
Republic of Vietnam for fishing and trading in aquatic products
1. The following fines shall be imposed for unlawful
entry into the territorial waters, islands and continental shelf of the
Socialist Republic of Vietnam for fishing and trading in aquatic products:
a) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed on a ship without an engine or whose main engine
power is smaller than 45 CV;
b) A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed on a ship whose main engine power ranges from 45
CV to 90 CV;
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d) A fine ranging from VND 200,000,000 to VND
400,000,000 shall be imposed on a ship whose main engine power ranges from
above 135 CV to 200 CV;
dd) A fine ranging from VND 400,000,000 to VND
600,000,000 shall be imposed on a ship whose main engine power ranges from
above 200 CV to 300 CV;
e) A fine ranging from VND 600,000,000 to VND
800,000,000 shall be imposed on a ship whose main engine power ranges from
above 300 CV to 400 CV;
g) A fine ranging from VND 800,000,000 to VND
1,000,000,000 shall be imposed on a ship whose main engine power exceeds 400
CV.
2. Additional penalties: Confiscate the exhibits
and instrumentalities of administrative violations prescribed in Clause 1 of
this Article.
3. Remedial measures: Enforced movement of
persons and ships away from the territorial waters, islands and continental
shelf of the Socialist Republic of Vietnam if the violation prescribed in this
Article is committed.
Article 12. Violations against
regulations on guarantee of lawful activities within territorial waters,
islands and continental shelf of the Socialist Republic of Vietnam
1. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for any act aimed to obstruct or impede daily
navigation, fishing, aquaculture or any other lawful activities within the
territorial waters, islands and continental shelf of the Socialist Republic of
Vietnam, except the case prescribed in Clause 2 of this Article.
2. A fine ranging from VND 800,000,000 to VND
1,000,000,000 shall be imposed for any act aimed to obstruct or impede lawful
search, exploration and extraction of petroleum or other natural resources
within the territorial waters, islands and continental shelf of the Socialist
Republic of Vietnam.
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4. Remedial measures: Enforced movement of
foreign ships and persons on board such ships away from the territorial waters,
islands and continental shelf of the Socialist Republic of Vietnam if the
violation prescribed in this Article is committed.
Article 13. Violations against
regulations on artificial islands, structures and installations within
territorial waters, islands and continental shelf of the Socialist Republic of
Vietnam
1. A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed for delayed submission of reports on the
construction of artificial islands, offshore structures or installations, or
establishment of safety zones, or full or partial removal of offshore
structures or installations as regulated.
2. A fine ranging from VND 50,000,000 to VND
80,000,000 shall be imposed for failure to submit reports on the construction
of artificial islands, offshore structures or installations, or establishment
of safety zones, or full or partial removal of offshore structures or
installations as regulated.
3. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed for failure to install navigational signals or
aids and danger signals in case an offshore installation or structure is not
completely removed because of technical reasons, or has its life extended.
4. A fine ranging from VND 150,000,000 to VND
200,000,000 shall be imposed for unlawful entry into safety zones of 500 meters
of an artificial island or offshore installation or structure.
5. A fine ranging from VND 200,000,000 to VND
300,000,000 shall be imposed for any acts aimed to adversely affecting normal
operations of artificial islands, installations or structures constructed
within the territorial waters, islands and continental shelf of the Socialist
Republic of Vietnam.
6. A fine ranging from VND 800,000,000 to VND
1,000,000,000 shall be imposed for unlawful entry into the territorial waters,
islands and continental shelf of the Socialist Republic of Vietnam for
illegally constructing artificial islands, offshore structures or
installations.
7. Additional penalties: Confiscate the exhibits
and instrumentalities of administrative violations prescribed in Clause 5 and
Clause 6 of this Article.
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a) Enforced demolition or removal of the structures
or installations which have been built without the license or inconsistently
with the license if the violation prescribed in Clause 6 of this Article is
committed;
b) Enforced movement of persons and ships away from
the territorial waters, islands and continental shelf of the Socialist Republic
of Vietnam if one of the violations prescribed in Clauses 4, 5 and 6 of this
Article is committed.
Article 14. Violations against
regulations on laying of submarine cables and pipelines, and exploitation of
tidal and wind energy within the territorial waters, islands and continental
shelf of the Socialist Republic of Vietnam
1. A fine ranging from VND 400,000,000 to VND
500,000,000 shall be imposed for drilling or cutting or performing any acts
aimed to adversely affecting normal operations of submarine cables and
pipelines legally installed within the territorial waters, islands and
continental shelf of the Socialist Republic of Vietnam.
2. A fine ranging from VND 800,000,000 to VND
1,000,000,000 shall be imposed for one of the following violations:
a) Installation of submarine cables and pipelines
without obtaining a written approval from a competent authority of Vietnam;
b) Illegal exploitation of tidal energy, wind
energy and other non-living resources.
3. Additional penalties: Confiscate the exhibits
and instrumentalities of administrative violations prescribed in this Article.
4. Remedial measures:
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b) Enforce movement of persons and ships away from
the territorial waters and islands off Vietnam if any of the violations
prescribed in this Article is committed.
Article 15. Violations against
regulations on transport, trading and ship-to-ship cargo transfer within territorial
waters, islands and continental shelf of the Socialist Republic of Vietnam
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Transport or ship-to-ship transfer of cargoes at
sea without having a valid contract or equivalent paper as regulated by law;
b) Failure to use means of transport suitable for
the type of cargoes as regulated by law;
c) Ship-to-ship transfer of fuels, ores and other
cargoes at a location other than the regulated one.
2. The following fines shall be imposed for
transport, trading and ship-to-ship transfer of cargoes without valid documents
or with insufficient documents proving the legality of cargoes, or failure to
provide or insufficient provision of documents proving the legality of cargoes
subject to conditional transport and trading:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed if the cargo is worth from VND 10,000,000 to less
than VND 20,000,000;
b) A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed if the cargo is worth from VND 20,000,000 to less
than VND 50,000,000;
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d) A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed if the cargo is worth from VND 70,000,000 to less
than VND 100,000,000;
dd) A fine ranging from VND 25,000,000 to VND
30,000,000 shall be imposed if the cargo is worth more than VND 100,000,000 but
the violating entity must not face the criminal prosecution.
3. Additional penalties: Confiscate the exhibits
and instrumentalities of administrative violations prescribed in this Article.
SECTION 2. VIOLATIONS AGAINST
REGULATIONS ON MARITIME ACTIVITIES PERFORMED OUTSIDE PORT WATERS
Article 16. Violations against
regulations on registration and inland waterway transport license of ships
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for lack of one of compulsory ship certifications
and documents or use of an expired one, except ship registration certificate.
2. The following fines shall be imposed for failure
to obtain a last port clearance certificate as prescribed by law:
a) A fine ranging from VND 10,000,000 to VND 20,000,000
shall be imposed on a ship whose gross tonnage is smaller than 500 GT;
b) A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed on a ship whose gross tonnage is from 500 GT to
less than 3,000 GT;
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3. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for operation of a ship without obtaining a valid
ship registration certificate.
4. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for one of the following violations:
a) Trading, leasing, lending, and borrowing any
ship certificates or documents;
b) Using any certificates or documents of another
ship.
5. The following fines shall be imposed for failure
to have ship owner’s liability insurance certificate if the ship carries
passengers, petroleum, petroleum distillates or other dangerous goods as
regulated by law:
a) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed on the ship carrying less than 100 passengers or
the ship which carries passengers, petroleum, petroleum distillates or other
dangerous goods and has gross tonnage of less than 500 GT;
b) A fine ranging from VND 50,000,000 to VND
80,000,000 shall be imposed on the ship carrying from 100 to less than
300 passengers or the ship which carries passengers, petroleum, petroleum
distillates or other dangerous goods and has gross tonnage of from 500 GT to
less than 3,000 GT;
c) A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed on the ship carrying 300 passengers or more, or
the ship which carries passengers, petroleum, petroleum distillates or other
dangerous goods and has gross tonnage of 3,000 GT or above.
6. A fine ranging from VND 80,000,000 to VND
100,000,000 shall be imposed on foreign ship for carrying out of inland
waterway transport and specific activities without obtaining a license or
written approval from a competent authority of Vietnam.
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Article 17. Violations against
regulations on seafarer’s certificate of competency, discharge book and
passport
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed on a seafarer working on board a ship for lack of
certificate of competency, discharge book or passport as regulated.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for trading, leasing, lending, borrowing or renting
a seafarer’s certificate of competency, discharge book or passport.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for use of a fake or altered certificate of
competency, discharge book or passport.
4. Additional penalties:
a) Suspend the certificate of competency for 06 -
12 months if the violation prescribed in Clause 2 of this Article is committed;
b) Confiscate the seafarer’s certificate of
competency, discharge book or passport if the violation prescribed in Clause 3
of this Article is committed.
Article 18. Violations against
regulations on safety of life at sea
1. A fine ranging from VND 1,000,000 to VND
5,000,000 shall be imposed for one of the following violations:
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b) The crew members’ failure to be familiar with
survival and life-saving appliances.
2. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for one of the following violations:
a) Use of life-saving appliances which fail to
comply with applicable regulations on quality or are not ready for immediate
use;
b) Life-saving arrangements fail to comply with
applicable regulations;
c) Use of expired life-saving appliances.
3. The following fines shall be imposed for the
ship whose life-saving appliances are under or over manned as regulated in the
minimum safe manning document; or failure to equip or insufficient provision of
survival and life-saving appliances as regulated:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on a ship whose gross tonnage is smaller than 500
GT;
b) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed on a ship whose gross tonnage is from 500 GT to
less than 3,000 GT;
c) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed on a ship whose gross tonnage is 3,000 GT or above.
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a) A warning shall be imposed if the actual total
cargo weight is less than 01% greater than the ship’s permissible
cargo-carrying capacity;
b) A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed if the actual total cargo weight is from 01% to
fewer than 05% greater than the ship’s permissible cargo-carrying capacity;
c) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed if the actual total cargo weight is from 05% to
fewer than 10% greater than the ship’s permissible cargo-carrying capacity;
d) A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed if the actual total cargo weight is 10%, or more,
greater than the ship’s permissible cargo-carrying capacity.
5. The following penalties shall be imposed for the
overloading of cargoes by a ship whose gross tonnage ranges from 500 GT to
under 3,000 GT:
a) A warning shall be imposed if the actual total
cargo weight is less than 01% greater than the ship’s permissible
cargo-carrying capacity;
b) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed if the actual total cargo weight is from 01% to
fewer than 05% greater than the ship’s permissible cargo-carrying capacity;
c) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed if the actual total cargo weight is from 05% to
fewer than 10% greater than the ship’s permissible cargo-carrying capacity;
d) A fine ranging from VND 30,000,000 to VND
50,000,000 shall be imposed if the actual total cargo weight is 10%, or more,
greater than the ship’s permissible cargo-carrying capacity.
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a) A warning shall be imposed if the actual total
cargo weight is less than 01% greater than the ship’s permissible
cargo-carrying capacity;
b) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed if the actual total cargo weight is from 01% to
fewer than 05% greater than the ship’s permissible cargo-carrying capacity;
c) A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed if the actual total cargo weight is from 05% to
fewer than 10% greater than the ship’s permissible cargo-carrying capacity;
d) A fine ranging from VND 70,000,000 to VND
80,000,000 shall be imposed if the actual total cargo weight is 10%, or more,
greater than the ship’s permissible cargo-carrying capacity.
7. The following fines shall be imposed for the
overloading of passengers by a ship of less than 500 GT:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed if the number of excess passengers is up to 5
persons;
b) A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed if the number of excess passengers is 6 – 10
persons;
c) A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed if the number of excess passengers is 10 persons or
more.
8. The following fines shall be imposed for the
overloading of passengers by a ship whose gross tonnage ranges from 500 GT to
under 3,000 GT:
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b) A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed if the number of excess passengers is 11 - 20
persons;
c) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed if the number of excess passengers is 20 persons or
more.
9. The following fines shall be imposed for the
overloading of passengers by a ship of 3,000 GT or more:
a) A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed if the number of excess passengers is up to 20
persons;
b) A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed if the number of excess passengers is 21 - 30
persons;
c) A fine ranging from VND 60,000,000 to VND
80,000,000 shall be imposed if the number of excess passengers is 30 persons or
more.
10. Additional penalties: Suspend the master’s
certificate of competency for 01 – 03 months if one of the violations
prescribed in Points b, c, d Clause 5, Points b, c, d Clause 6, Points b, c
Clause 7, Clause 8 and Clause 9 of this Article is committed.
Article 19. Violations against
regulations on fire and explosion prevention for ships
1. A fine ranging from VND 2,000,000 to VND
5,000,000 shall be imposed for one of the following violations:
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b) Failure to have the fire control and safety
layout, the muster list for firefighting or instructions for firefighting
operations on board the ship as regulated;
c) Failure to put fire-fighting equipment in place
on board the ship as regulated.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for one of the following violations:
a) Failure to prepare sufficient fire-fighting
equipment and appliances as regulated;
b) Preparation of firefighting equipment and
appliances which are not operated;
c) Failure to prepare the emergency response plan;
d) Preparation of firefighting equipment which is
not ready for immediate use as regulated;
dd) Use of specialized means of firefighting and
prevention for other purposes;
e) Carriage of flammable substances together with
passengers.
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1. A fine ranging from VND 8,000,000 to VND
10,000,000 shall be imposed on vessel operators for violating the following sailing
rules:
a) Failure to use or use of improper maritime
signals as regulated;
b) Failure to comply with applicable regulations on
sailing, collision avoidance and overtaking at sea.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:
a) Failure to exhibit symbols or signs for
identifying artificial islands or offshore structures;
b) Any act causing movement or adverse effects on
aids to navigation.
3. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for failure to comply with applicable regulations
on sailing, collision avoidance and overtaking at sea resulting in a serious
accident.
4. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for failure to comply with applicable regulations
on sailing, collision avoidance and overtaking at sea resulting in a very
serious accident.
5. Remedial measures: Enforced restoration of
initial state which has been damaged due to the violation prescribed in Point b
Clause 2 of this Article.
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1. A fine ranging from VND 1,000,000 to VND
5,000,000 shall be imposed for failure to fly signal flags or improper flying
of signal flags.
2. A fine ranging from VND 4,000,000 to VND
6,000,000 shall be imposed for one of the following violations:
a) Failure to put internal regulation tables in
place on board a passenger ship;
b) Arranging or allowing passengers to seat at
places other than the prescribed ones;
c) Failure to arrange or arrangement of ship
security officers inconsistently with applicable regulations.
3. A fine ranging from VND 8,000,000 to VND
10,000,000 shall be imposed for one of the following violations:
a) Failure to specify name, official number, IMO
number, port of registry, draught marks of a ship as regulated;
b) Failure to provide or insufficient provision of
documents concerning dangerous cargoes carried on board the ship as regulated.
4. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for one of the following violations:
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b) Use of unsuitable towing equipment;
c) Failure to fully equip navigational equipment on
the ship’s bridge as regulated or use of navigational equipment which is
damaged or not working.
5. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failure to comply with applicable regulations
on shipping routes and areas for inland waterway ships.
6. The following fines shall be imposed on a ship
for failure to operate according to the prescribed shipping routes or areas:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on a ship of below 500 GT;
b) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed on a ship whose gross tonnage is from 500 GT to
less than 3,000 GT;
c) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed on a ship of 3,000 GT or more.
7. Additional penalties: Suspend the master’s
certificate of competency for 03 - 06 months if one of the violations
prescribed in Clause 5 and Clause 6 of this Article is committed.
8. Remedial measures: Enforced operation
within the shipping area suitable for the ship class if one of the violations
prescribed in Clause 5 and Clause 6 of this Article is committed.
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1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for transmission of false distress alerts.
2. A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed for one of the following violations:
a) Failure to discharge obligations according to
applicable regulations on maritime search and rescue;
b) Delayed execution of shifting orders made by
competent authorities during the carrying out of search and rescue activities
as regulated.
3. The following fines shall be imposed for failure
to obey shifting orders made by competent authorities during the carrying out
of search and rescue activities as regulated:
a) A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on a ship of below 500 GT;
b) A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed on a ship whose gross tonnage is from 500 GT to
less than 3,000 GT;
c) 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.
4. Additional penalties: Suspend the master’s
certificate of competency for 03 - 06 months if the violation prescribed in
Point a Clause 2 of this Article is committed.
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1. A fine ranging from VND 500,000 to VND 1,000,000
shall be imposed for failure to provide or improper provision of notifications
or reports on property sunken at sea.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:
a) Failure to install or delayed installation of
warning signs conformable with the location of sunken property;
b) Failure to complete the salvage of sunken
property within the prescribed time limit;
c) Carrying out of salvage of sunken property without
obtaining a written permission from a competent authority;
d) Failure to transfer or partial transfer of
properties salvaged at sea by chance to competent authorities.
3. A fine ranging from VND 20,000,000 to VND
50,000,000 shall be imposed for failure to salvage sunken property which is not
considered dangerous.
4. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for failure to salvage sunken property which is
considered dangerous.
5. Additional penalties: Confiscate the exhibits
and instrumentalities of the administrative violation prescribed in Point c
Clause 2 of this Article.
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Article 24. Violations against
regulations on protection of marine environment by foreign nuclear-powered
ships or ships carrying radioactive substances, toxic or dangerous chemicals
through the territorial waters of Vietnam
1. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for failure to present technical documents relating
the ship and cargoes carried on board the ship and compulsory liability
insurance documents.
2. A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed for one of the following violations:
a) Failure to implement special preventive measures
for these ships as regulated by the law of Vietnam and international treaties
to which the Socialist Republic of Vietnam is a signatory;
b) Failure to comply with a decision made by a
competent authority of Vietnam on application of special preventive measures in
case the ship denotes or there is clear evidence of risks of oil leak or
environmental pollution.
3. Remedial measures: Enforced movement of
persons and ships away from the territorial waters, islands and continental
shelf of the Socialist Republic of Vietnam if the violation prescribed in
Clause 2 of this Article is committed.
Article 25. Violations against
regulations on prevention of pollution of marine environment by ships
1. A fine ranging from VND 1,000,000 to VND 5,000,000
shall be imposed for failure to maintain oil record book, record of pumping of
bilge water from engine-room bilge wells and sewage discharge record as
regulated.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for one of the following violations:
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b) Leaking of oily waste water from the ship into
the sea.
3. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:
a) Failure to prepare the oil spill response plan
or plans for response to oil pollution or chemical pollution at sea as
regulated;
b) Failure to have the oil pollution prevention
certificate as regulated.
4. A fine ranging from VND 40,000,000 to VND
60,000,000 shall be imposed for discharge or release of oily water or oily
mixtures inconsistently with applicable regulations.
5. A fine ranging from VND 70,000,000 to VND
100,000,000 shall be imposed for discharge or release of oily waste water or
harmful substances inconsistently with applicable regulations.
6. Remedial measures: Enforced implementation of
measures for treatment of environmental pollution and degradation if the
violation prescribed in Point b Clause 2, Clause 4 or Clause 5 of this Article
is committed.
Article 26. Violations against
regulations on transport of hazardous waste
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for one of the following violations:
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b) Failure to comply with the environmental
protection and pollution control plan included in the application for the
hazardous waste management license.
2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for one of the following violations:
a) Failure to maintain a hazardous waste logbook as
regulated; failure to apply for registration of GPS tracking system as
regulated;
b) Failure to comply with the environmental
protection and pollution control plan upon the completion of transport
operations.
3. A fine ranging from VND 30,000,000 to VND 50,000,000
shall be imposed for one of the following violations:
a) Failing to equip the Global Positioning System
(GPS) tracking units for means of transport of hazardous waste as regulated;
b) Failure to transport hazardous waste according
to the shipping route, passage and time prescribed by a competent authority;
c) Use of specialized equipment and facilities
which fail to meet applicable technical requirements for collection, transport,
packaging, storage and temporary holding of hazardous waste;
d) Failure to classify and separate hazardous waste
of various types, which may react or interact with each other during the
transport or temporary holding of hazardous waste.
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a) Collection or transport of hazardous waste in
regions which are not prescribed in the hazardous waste management license;
b) Failure to comply with the contents of the
hazardous waste management license, except the case prescribed in Point a
Clause 4, Clause 5 and Clause 6 of this Article.
5. A fine ranging from VND 100,000,000 to VND
150,000,000 shall be imposed for one of the following violations:
a) Collection or transport of hazardous waste of
types other than those specified in the hazardous waste management license;
b) Collection or transport of a volume of hazardous
waste in excess of the permitted one specified in the hazardous waste
management license;
c) Use of means of transport of hazardous waste
without registration numbers or which are not prescribed in the hazardous waste
management license.
6. A fine ranging from VND 200,000,000 to VND
250,000,000 shall be imposed for transport of hazardous waste without obtaining
a valid hazardous waste management license, except hazardous waste generated
from daily-life activities or activities of business and service establishments
(excluding production activities) of a household/ individual size, managed and
treated in accordance with applicable regulations on recall and treatment of
expired or discarded products.
7. The following fines shall be imposed for
dumping, discharge or release of hazardous waste inconsistently with applicable
regulations on environmental protection:
a) A fine ranging from VND 50,000,000 to VND 100,000,000
shall be imposed for dumping, discharge or release of less than 120 kg of
hazardous waste containing extremely hazardous constituents beyond the
prescribed limits or less than 600 kg of hazardous waste containing other
hazardous constituents;
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c) A fine ranging from VND 200,000,000 to VND
300,000,000 shall be imposed for dumping, discharge or release of from 500 kg
to under 1,000 kg of hazardous waste containing extremely hazardous
constituents beyond the prescribed limits or from 2,000 kg to under 4,000 kg of
hazardous waste containing other hazardous constituents;
d) A fine ranging from VND 300,000,000 to VND
400,000,000 shall be imposed for dumping, discharge or release of from 1,000 kg
to under 2,000 kg of hazardous waste containing extremely hazardous
constituents beyond the prescribed limits or from 4,000 kg to under 8,000 kg of
hazardous waste containing other hazardous constituents;
dd) A fine ranging from VND 400,000,000 to VND
500,000,000 shall be imposed for dumping, discharge or release of from 2,000 kg
to under 3,000 kg of hazardous waste containing extremely hazardous
constituents beyond the prescribed limits or from 8,000 kg to under 12,000 kg
of hazardous waste containing other hazardous constituents;
e) A fine ranging from VND 500,000,000 to VND
600,000,000 shall be imposed for dumping, discharge or release of from 3,000 kg
to under 4,000 kg of hazardous waste containing extremely hazardous
constituents beyond the prescribed limits or from 12,000 kg to under 16,000 kg
of hazardous waste containing other hazardous constituents;
g) A fine ranging from VND 600,000,000 to VND
700,000,000 shall be imposed for dumping, discharge or release of from 4,000 kg
to under 5,000 kg of hazardous waste containing extremely hazardous
constituents beyond the prescribed limits or from 16,000 kg to under 20,000 kg
of hazardous waste containing other hazardous constituents;
h) A fine ranging from VND 700,000,000 to VND
800,000,000 shall be imposed for dumping, discharge or release of 5,000 kg or
more of hazardous waste containing extremely hazardous constituents beyond the
prescribed limits or of 20,000 kg or more of hazardous waste containing other
hazardous constituents.
8. A fine ranging from VND 900,000,000 to VND
1,000,000,000 shall be imposed for transfer, giving or sale in contravention of
law; dumping, discharge or release of hazardous waste in the list of persistent
organic pollutants (POP) of the Stockholm Convention on persistent organic
pollutants resulting in environmental pollution or dumping, discharge or
release of radioactive waste causing radioactive pollution.
9. Additional penalties:
a) Suspend the License for transport of hazardous
waste for 06 - 12 months if one of the violations prescribed in Clauses 1, 2,
3, 4 and 5 of this Article is committed;
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c) Suspend business activities for 06 - 12 months
if one of the violations prescribed in Clauses 6, 7 and 8 of this Article is
committed;
d) Confiscate the exhibits and instrumentalities of
administrative violation prescribed in Clause 7 and Clause 8 of this Article.
10. Remedial measures:
a) Enforced restoration of initial state of the
environment that has been damaged by the violation prescribed in Clause 7 or
Clause 8 of this Article;
b) Enforced application of remedial measures for
environmental pollution treatment within the time limit specified in the
decision on imposition of penalties for administrative violations made by the
authorized person if one of the violations prescribed in this Article is
committed.
Article 27. Violations against
other regulations on protection of marine environment
1. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed on the owner of ship/ vessel or facility storing
goods at sea for posing risk of causing environmental emergencies but failing
to report the national rescue and salvage forces, the coast guard forces or
relevant organizations/ individuals as regulated.
2. A fine ranging from VND 50,000,000 to VND
80,000,000 shall be imposed on the organization/ individual performing mining
activities or the owner of vessel/ ship carrying petroleum, oil, chemicals,
radioactive substances or other toxic substances at sea for failure to have
appropriate plan, personnel and equipment for preventing and coping with
environmental emergencies.
3. A fine ranging from VND 80,000,000 to VND
150,000,000 shall be imposed for one of the following violations:
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b) Employment of destructive methods, means and
devices in exploiting sea resources and yields;
c) Discharge or release of waste and other
polluting elements generated from production, business, service provision,
construction, transportation and mining activities into territorial waters,
islands and continental shelf of the Socialist Republic of Vietnam in
contravention of national technical regulations on environment;
d) Keeping or storing means of transport or
treasures at sea over the prescribed duration for handling;
dd) Failing to collect, store and treat hazardous
waste generated from the exploration and extraction of marine resources, or the
dismantlement of means of transport at sea as regulated.
4. A fine ranging from VND 150,000,000 to VND
250,000,000 shall be imposed for discharge of non-hazardous waste, which is
generated from vessels/ ships or offshore drilling platforms but is not treated
as regulated, or fails to satisfy requirements of national technical
regulations on waste, into sea; discharge of land-sourced solid waste into sea
without the written approval granted by a competent environment authority as
regulated; discharge of waste generated from dredging activities into sea
without the written approval granted by a competent environment authority as
regulated.
5. A fine ranging from VND 250,000,000 to VND
500,000,000 shall be imposed for discharge of waste of various types into sea
areas in the wildlife sanctuaries, natural heritages, new natural ecosystems,
regular or seasonal reproductive areas of aquatic species.
6. A fine ranging from VND 500,000,000 to VND
1,000,000,000 shall be imposed for discharge of hazardous waste or waste
containing radioactive substances into the territorial waters, islands and
continental shelf of the Socialist Republic of Vietnam.
7. Additional penalties:
Confiscate the exhibits and instrumentalities of
administrative violations prescribed in Point b Clauses 3, 4, 5 and 6 of this
Article.
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Enforced application of remedial measures for
environmental pollution treatment within the time limit specified in the
decision on imposition of penalties for administrative violations made by the
authorized person if one of the violations prescribed in this Article is
committed.
Chapter 3.
POWER TO IMPOSE
PENALTIES AND RECORD ADMINISTRATIVE VIOLATIONS WITHIN TERRITORIAL WATERS,
ISLANDS AND CONTINENTAL SHELF OF THE SOCIALIST REPUBLIC OF VIETNAM
Article 28. Power to impose
administrative penalties of Vietnam marine police forces
1. Police Officers on duty of Marine Police Forces
shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 1,500,000,
2. Coastguard team leaders shall have the power to:
a) Issue warning;
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3. Coastguard squad leaders and captains of
coastguard stations shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 10,000,000;
c) Enforce the remedial measures mentioned in Points
a, c and dd Clause 1 Article 28 of the Law on Penalties for Administrative
Violations.
4. Commanders of coastguard platoons shall have the
power to:
a) Issue warning;
b) Impose a fine up to VND 25,000,000;
c) Confiscate the exhibits and instrumentalities
for committing violations worth up to VND 25,000,000;
d) Enforce the remedial measures mentioned in
Points a, c, d, dd Clause 1 Article 28 of the Law on actions against
administrative violations and in Clause 2, Clause 4 Article 4 herein.
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a) Issue warning;
b) Impose a fine up to VND 50,000,000;
c) Confiscate the exhibits and instrumentalities
for committing violations worth up to VND 50,000,000;
d) Enforce the remedial measures mentioned in
Points a, c, d, dd Clause 1 Article 28 of the Law on actions against
administrative violations and in Clauses 2, 4 and 5 Article 4 herein.
6. Commanders of regional coastguard command
centers shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 100,000,000;
c) Confiscate the exhibits and instrumentalities
for committing violations worth up to VND 100,000,000;
d) Enforce the remedial measures mentioned in
Points a, c, d, dd Clause 1 Article 28 of the Law on actions against administrative
violations and in Clauses 2, 3, 4 and 5 Article 4 herein.
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a) Issue warning;
b) Impose a fine up to VND 1,000,000,000;
c) Suspend license or practicing certificate or
suspend operations for fixed period;
d) Confiscate the exhibits and instrumentalities of
administrative violations;
dd) Enforce the remedial measures mentioned in
Points a, b, c, d, dd Clause 1 Article 28 of the Law on actions against
administrative violations and in Clauses 2, 3, 4 and 5 Article 4 herein.
Article 29. Power to impose
administrative penalties of Border Guard Forces
Border guard forces shall, within their managing
sectors and scope, have the power to impose penalties for administrative
violations prescribed in Section 1 Chapter II herein. To be specific:
1. Heads of border-guard stations, commanders of
border-guard flotillas, commanders of border-guard sub-zones and commanders of
port border guards shall have the power to:
a) Issue warning;
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c) Confiscate the exhibits and instrumentalities
for committing violations worth up to VND 25,000,000;
d) Enforce the remedial measures mentioned in
Points a, c, dd Clause 1 Article 28 of the Law on actions against administrative
violations and in Clause 2, Clause 4 Article 4 herein.
2. Commanders of provincial-level border guard
forces and commanders of border guard fleets affiliated to Border Guard High
Command shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 1,000,000,000;
c) Suspend license or practicing certificate or
suspend operations for fixed period;
d) Confiscate the exhibits and instrumentalities of
administrative violations;
dd) Enforce the remedial measures mentioned in
Points a, c, dd, i Clause 1 Article 28 of the Law on actions against
administrative violations and in Clauses 2, 3, 4 and 5 Article 4 herein.
Article 30. Power to impose
administrative penalties of Customs agencies
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1. Team leaders of Customs Branches and team
leaders of Post-clearance Audit Branches shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 5,000,000,
2. Directors General of Customs Branches and
Post-clearance Audit Branches, leaders of customs enforcement teams affiliated
to provincial, inter-provincial or city Customs Departments, leaders of
anti-smuggling and control teams, leaders of customs procedure teams, leaders
of marine control squads and leaders of intellectual property protection and
control teams, affiliated to Anti-smuggling and Investigation Department,
Vietnam Customs, shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 25,000,000;
c) Confiscate the exhibits and instrumentalities
for committing violations worth up to VND 25,000,000;
d) Enforce the remedial measures mentioned in
Points d, dd, g, i Clause 1 Article 28 of the Law on Penalties for
Administrative Violations.
3. Directors General of Anti-smuggling and
Investigation Department, and Post-clearance Audit Department, affiliated to
Vietnam Customs, and Directors General of provincial, inter-provincial or city
Customs Departments shall have the power to:
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b) Impose a fine up to VND 50,000,000;
c) Suspend license or practicing certificate or
suspend operations for fixed period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violations worth less than VND 50,000,000;
dd) Enforce the remedial measures mentioned in
Points d, dd, g, i Clause 1 Article 28 of the Law on Penalties for
Administrative Violations.
4. Director General of Vietnam Customs shall have
the power to:
a) Issue warning;
b) Impose a fine up to VND 1,000,000,000;
c) Confiscate the exhibits and instrumentalities of
administrative violations;
d) Enforce the remedial measures mentioned in Points
d, dd, g, i Clause 1 Article 28 of the Law on Penalties for Administrative
Violations.
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Maritime inspectors, regional maritime
administrations and Director of Vietnam Maritime Administration, within their
managing sectors and scope, have the power to impose penalties for
administrative violations prescribed in Articles 16, 17, 18, 19, 20, 21, 22, 23
and 25 herein. To be specific:
1. Inspectors working at the Inspectorate of
Ministry of Transport, inspectors specialized in maritime sector on duty or
persons who are assigned to conduct inspections in maritime sector shall have
the power to:
a) Issue warning;
b) Impose a fine up to VND 500,000;
c) Confiscate the exhibits and instrumentalities
for committing violations worth up to VND 500,000;
d) Enforce the remedial measures mentioned in
Points a, c and dd Clause 1 Article 28 of the Law on Penalties for
Administrative Violations.
2. Chief Inspector of Vietnam Maritime
Administration, heads of specialized inspection teams established by the
Vietnam Maritime Administration shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 50,000,000;
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d) Confiscate the exhibits and instrumentalities
for committing administrative violations worth less than VND 50,000,000;
dd) Enforce the remedial measures mentioned in
Clause 1 (excluding point k) Article 28 of the Law on actions against
administrative violations and in Clause 5 Article 4 herein.
3. Heads of specialized inspection teams
established by Ministry of Transport shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 70,000,000;
c) Suspend license or practicing certificate or
suspend operations for fixed period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violations worth less than VND 70,000,000;
dd) Enforce the remedial measures mentioned in
Clause 1 (excluding point k) Article 28 of the Law on actions against
administrative violations and in Clause 5 Article 4 herein.
4. Chief Inspector of the Ministry of Transport
shall have the power to:
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b) Impose a fine up to VND 100,000,000;
c) Suspend license or practicing certificate or
suspend operations for fixed period;
d) Confiscate the exhibits and instrumentalities of
administrative violations;
dd) Enforce the remedial measures mentioned in Points
a, b, c, d, dd, e, g, h and i Clause 1 Article 28 of the Law on actions against
administrative violations and in Clause 5 Article 4 herein.
5. Chief Commissioners representing regional
Maritime Administrations shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 10,000,000;
c) Confiscate the exhibits and instrumentalities
for committing violations worth up to VND 10,000,000.
6. Directors of regional maritime administrations,
heads of specialized inspection teams established by regional maritime
administrations shall have the power to:
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b) Impose a fine up to VND 25,000,000;
c) Suspend license or practicing certificate or
suspend operations for fixed period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violations worth less than VND 25,000,000;
dd) Enforce the remedial measures mentioned in
Points a, b, c, dd and i Clause 1 Article 28 of the Law on actions against
administrative violations and in Clause 5 Article 4 herein.
7. Director of Vietnam Maritime Administration
shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 100,000,000;
c) Suspend license or practicing certificate or
suspend operations for fixed period;
d) Confiscate the exhibits and instrumentalities of
administrative violations;
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Article 32. Power to impose
administrative penalties of fisheries surveillance forces
Directors of Regional Offices of fisheries resource
surveillance, Director General of Department of fisheries resource
surveillance, within their managing sectors and scope, shall have the power to
impose penalties for administrative violations prescribed in Article 10,
Article 11 and Clause 1 Article 12 herein. To be specific:
1. Directors of Regional Offices of fisheries
resource surveillance shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 50,000,000;
c) Suspend fishing licenses or certificates or
suspend fishing operations for a fixed period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violations worth less than VND 50,000,000;
dd) Enforce the remedial measures mentioned in
Points a, b, c, d, dd, e, g, h and i Clause 1 Article 28 of the Law on actions
against administrative violations and in Clause 2 Article 4 herein.
2. Director General of Department of fisheries
resource surveillance shall have the power to:
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b) Impose a fine up to VND 250,000,000;
c) Suspend fishing licenses or certificates or
suspend fishing operations for a fixed period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violations worth less than VND 250,000,000;
dd) Enforce the remedial measures mentioned in
Points a, b, c, d, dd, e, g, h and i Clause 1 Article 28 of the Law on actions
against administrative violations and in Clause 2 Article 4 herein.
Article 33. Power to record
administrative violations
1. The persons on duty who have the power to impose
administrative penalties as prescribed in Articles 28, 29, 30, 31 and 32 herein
shall have the power to record such administrative violations.
2. Reconnaissance officials of coastguard forces,
officials of regional maritime administrations, if detecting administrative
violations when they are on duty, shall have the power to record such
administrative violations and send records thereof to the persons who have the
power to impose administrative penalties.
Chapter 4.
IMPLEMENTATION
PROVISIONS
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This Decree comes into force from January 01, 2014
and supersedes the Government’s Decree No. 137/2004/ND-CP dated June 16, 2004
on penalties for administrative violations committed within the territorial
waters and continental shelf of the Socialist Republic of Vietnam.
Article 35. Transition
1. This Decree may be applied to administrative
violations which are committed within the territorial waters, islands and
continental shelf of the Socialist Republic of Vietnam before the date of entry
into force of this Decree but detected afterwards or still under consideration
if its provisions are more advantageous to the violators.
2. In case a violator files a complaint against a
decision on imposition of administrative penalty which is issued or implemented
before the dates of entry into force of the Law on actions against
administrative violations and this Decree, regulations of the Ordinance on
actions against administrative violations and the Government’s Decree No.
137/2004/ND-CP dated June 16, 2004 on penalties for administrative violations
committed within the territorial waters and continental shelf of the Socialist
Republic of Vietnam shall apply.
Article 36. Responsibility for
implementation
1. Minister of National Defence shall instruct and
inspect the implementation of this Decree.
2. Ministers, heads of ministerial-level agencies,
heads of the Government’s affiliates, Chairpersons of People’s Committees of
provinces or central-affiliated cities shall implement this Decree.
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