THE GOVERNMENT
OF VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 38/2024/ND-CP
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Hanoi, April 05,
2024
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DECREE
PENALTIES FOR
ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON FISHERIES
Pursuant to the Law on Government Organization
dated June 19, 2015; the Law on amendments to the Law on Government
Organization and the Law on Organization of Local Governments dated November
22, 2019;
Pursuant to the Law on penalties for
administrative violations dated June 20, 2012, and the Law on amendments to the
Law on penalties for administrative violations dated November 13, 2020;
Pursuant to the Law on Fisheries dated November
21, 2017;
At the request of the Minister of Agriculture
and Rural Development of Vietnam;
The Government of Vietnam promulgates a Decree
prescribing penalties for administrative violations against regulations on
fisheries.
Chapter I
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Article 1. Scope
1. This Decree deals with violations, penalties,
fines, remedial measures against administrative violations, the power to impose
administrative penalties and the power to make records of administrative
violations against regulations on fisheries.
2. Other administrative violations against
regulations on fisheries which are not prescribed in this Decree shall be
governed by other relevant regulations of laws on penalties for administrative
violations within the scope of state management.
Article 2. Entities incurring administrative
penalties
1. Vietnamese and foreign organizations and
individuals (hereinafter referred to as “entities”) that commit administrative
violations specified in this Decree.
2. Organizations that are liable to administrative
penalties as prescribed in this Decree include:
a) Economic organizations that are duly established
under the Law on Enterprises and/or the Law on Investment, including: Private
enterprises, joint-stock companies, limited liability companies, partnerships
and organizations that are established under the laws of foreign countries and
engaging in business in Vietnam;
b) Economic organizations that are duly established
under the Law on Co-operatives, including: Co-operatives and cooperative
unions;
c) Socio-political organizations, social
organizations, and socio-professional organizations;
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3. Household businesses that are required to
register their business as prescribed by law, business families, and
fishing-vessel owners shall incur the same penalties as those incurred by
individuals for committing the administrative violations specified in this
Decree.
Article 3. Prescriptive periods
The prescriptive period for imposition of penalties
for a violation in fisheries sector is 02 years.
Article 4. Penalties and remedial measures
1. Fine shall be the primary penalty imposed for an
administrative violation in fisheries sector.
2. Additional penalties that may be imposed for
violations in fisheries sector include:
a) Suspension of the violating entity’s license,
practicing certificate or operations for a fixed period;
b) Confiscation of exhibits and instrumentalities
for committing administrative violations.
3. In addition to the remedial measures stated in
Points a, b, d, dd, e and g Clause 1 Article 28 of the Law on Penalties for
Administrative Violations, the remedial measures specified in this Decree shall
also be imposed, including:
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b) Enforced transfer of the fish that is included
in Group I of the List of endangered, rare and precious aquatic species and has
died to competent authorities;
c) Enforced additional release of aquatic species
as prescribed;
d) Enforced repurposing, or, if repurposing
conditions are not met, destruction of aquatic species, aquatic breeds,
aquaculture feeds or aqua environmental remediation products;
dd) Fishing vessel owners are compelled to cover
costs for bringing their fishermen seized by foreign competent authorities into
Vietnam;
e) Enforced return of certifications,
confirmations, licenses, written approvals or certificates which have been
erased, falsified or altered;
g) Enforced capture and destruction of live fish
species released or escaped into natural environment, or products of illegal
breeding of live fish species;
h) Enforced recall of aquaculture feeds and aqua
environmental remediation products;
i) Enforced invalidation of survey results;
k) Enforced relocation or demolition of aquaculture
works;
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m) Enforced repurposing or breaking up of fishing
vessels;
n) Enforced flying of the national flag of the
Socialist Republic of Vietnam or nationality flags as prescribed;
o) Foreign fishing vessels (except container ships)
that carry fishery products from illegal, unreported and unregulated fishing
for import, temporary import into or transit through Vietnam are compelled to
leave the territory of Vietnam;
p) Enforced return of encroached areas;
q) Enforced re-export, or, if re-export conditions
are not met, destruction of imported aquaculture feeds and aqua environmental
remediation products.
4. Repeat or re-commission of a violation in
fisheries sector shall be taken into account as an aggravating factor when
considering imposing penalties for that violation, unless such act of repeat or
re-commission is considered as an administrative violation prescribed in this
Decree.
Article 5. Fines and power to impose fines and
other penalties for administrative violations
1. The maximum fine for a violation against
regulations on fisheries committed by an individual is VND 1.000.000.000.
2. The fines prescribed in Chapter II of this
Decree are imposed for administrative violations committed by individuals. The
fine imposed on an organization is twice as much as the one imposed on an
individual for committing the same administrative violation.
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4. Imposition of penalties for the administrative
violations in points c and dd clause 1, point c clause 2, point b clause 3
Article 20 of this Decree shall be subject to the following provisions:
a) If the owner of a fishing vessel is not its
captain, each of the violating entities will be liable to the corresponding
penalties and remedial measures for violating entities and that administrative
violation;
b) If the owner of a fishing vessel is also its
captain, the primary penalty shall only be imposed upon the capital, and all
additional penalties and remedial measures shall be imposed for that
administrative violation.
5. Depending on its nature, severity and
consequences, penalties for an administrative violation which is transferred
from another authority as prescribed in clause 1 Article 63 of the Law on
Penalties for Administrative Violation shall be imposed as prescribed in this
Decree.
In case the exhibits of violations are aquatic
species included in the List of endangered, rare and precious species that need
prioritized protection, they shall be treated as species included in Group I of
the List of endangered, rare and precious aquatic species.
6. Penalties for violations against regulations on
commercial fishing of aquatic species in Appendices I, II and III of the
Convention on International Trade in Endangered Species of Wild Fauna and Flora
(CITES), if not liable to criminal prosecution, shall be imposed as follows:
a) Penalties for violations involving aquatic species
in CITES Appendix I shall be same as those of violations involving aquatic
species in Group I of the List of endangered, rare and precious aquatic
species;
b) Penalties for violations involving aquatic
species in CITES Appendix II or III shall be same as those of violations
involving aquatic species in Group II of the List of endangered, rare and
precious aquatic species.
7. Monetary value of aquatic species in CITES
Appendix I or aquatic species, products and parts thereof in CITES Appendix II
or III involved in administrative violations must be determined as the basis
for criminal prosecution or imposition of administrative penalties.
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8. Territorial waters in which commercial fishing
is permitted are those which are dedicated to Vietnamese-flagged fishing
vessels, and shown on vessel monitoring system and vessel tracking unit (VTU)
installed on fishing vessels.
Chapter II
ADMINISTRATIVE VIOLATIONS, PENALTIES AND REMEDIAL
MEASURES
Section 1. VIOLATIONS AGAINST REGULATIONS ON
AQUATIC RESOURCE PROTECTION
Article 6. Violations against regulations on
protection of aquatic habitats
1. The following fines shall be imposed for
violations against regulations on protection of aquatic habitats, if not liable
to criminal prosecution:
a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for using fishing nets, tools, equipment and other
instruments to impede movement pathways of aquatic species when carrying out
fishing operations by using fixed fishing gears in rivers, lakes and lagoons,
or to impede natural migration pathways of aquatic species;
b) A fine ranging from VND 50.000.000 to VND
100.000.000 shall be imposed for using fishing nets, tools, equipment and other
instruments to destroy aquatic resources, aquatic ecosystems, breeding grounds,
or areas where juvenile fish lives, or to destroy the habitats of aquatic species
in the List of endangered, rare and precious aquatic species or the list of
endangered, rare and precious species that need prioritized protection;
c) A fine ranging from VND 100.000.000 to VND
150.000.000 shall be imposed for encroaching, appropriating or harming
protected areas of aquatic resources;
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2. Additional penalties:
Exhibits and instrumentalities for committing the
violations specified in Clause 1 of this Article shall be confiscated.
3. Remedial measures:
Enforced restoration to the original condition
which has been changed by any of the administrative violations prescribed in
Clause 1 of this Article.
Article 7. Violations against regulations on
commercial fishing in no-take zones
1. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for failing to use fishing vessels or using fishing
vessels of less than 06 m in overall length for carrying out commercial fishing
in no-take zones or areas where the commercial fishing is banned for a fixed
period, if not liable to criminal prosecution.
2. The following fines shall be imposed for
carrying out commercial fishing in no-take zones or areas where the commercial
fishing is banned for a fixed period, if not liable to criminal prosecution:
a) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for the violation involving fishing vessels of 06
m, or more, but less than 12 m in overall length;
b) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for the violation involving fishing vessels of 12
m, or more, but less than 15 m in overall length;
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d) A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for the violation involving fishing vessels of 24
m, or more, in overall length.
3. The following fines shall be imposed for using
fishing vessels used in trawls, or light-combined fishing occupations and gears
(except squid hand-lining) for carrying out commercial fishing in no-take zones
or areas where the commercial fishing is banned for a fixed period, if not
liable to criminal prosecution:
a) A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for the violation involving fishing vessels of less
than 06 m in overall length;
b) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for the violation involving fishing vessels of 06
m, or more, but less than 12 m in overall length;
c) A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for the violation involving fishing vessels of 12
m, or more, but less than 15 m in overall length;
d) A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed for the violation involving fishing vessels of 15
m, or more, but less than 24 m in overall length;
dd) A fine ranging from VND 70.000.000 to VND
90.000.000 shall be imposed for the violation involving fishing vessels of 24
m, or more, in overall length.
4. The following fines shall be imposed for
catching undersized fish or exceeding the allowable by catch limit by more than
15%:
a) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed if the exceeding amount of catches is less than 30
kg;
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c) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed if the exceeding amount of catches is from 100 kg
to less than 200 kg;
d) A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed if the exceeding amount of catches is 200 kg or
more.
5. Additional penalties:
Fish and fishing gears shall be confiscated in case
of commission of any of the violations in clauses 1, 2, 3 and 4 of this
Article.
6. Remedial measures:
a) Enforced release of the fish that is still alive
into their habitats in case of commission of any of the violations specified in
Clauses 1, 2, 3 and 4 of this Article.
Article 8. Violations against regulations on
management of endangered, rare and precious aquatic species
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for failure to strictly comply with the written
approval or plan for catching of endangered, rare and precious aquatic species
or aquatic species in CITES Appendices.
2. The following fines shall be imposed for illegal
fishing of aquatic species in Group II of the List of endangered, rare and
precious aquatic species or aquatic species in CITES Appendix II, if not liable
to criminal prosecution:
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b) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for the violation involving a total catch of from
05 kg to less than 10 kg;
c) A fine ranging from VND 30.000.000 to VND 40.000.000
shall be imposed for the violation involving a total catch of from 10 kg to
less than 20 kg;
d) A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for the violation involving a total catch of from
20 kg to less than 30 kg;
dd) A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed for the violation involving a total catch of from
30 kg to less than 40 kg;
e) A fine ranging from VND 60.000.000 to VND
70.000.000 shall be imposed for the violation involving a total catch of from
40 kg to less than 50 kg;
g) A fine ranging from VND 70.000.000 to VND
80.000.000 shall be imposed for the violation involving a total catch of from
50 kg to less than 60 kg;
h) A fine ranging from VND 80.000.000 to VND
90.000.000 shall be imposed for the violation involving a total catch of from
60 kg to less than 70 kg;
i) A fine ranging from VND 90.000.000 to VND
100.000.000 shall be imposed for the violation involving a total catch of from
70 kg to less than 80 kg;
k) A fine ranging from VND 100.000.000 to VND
120.000.000 shall be imposed for the violation involving a total catch of from
80 kg to less than 100 kg;
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3. The following fines shall be imposed for illegal
fishing of aquatic species in Group I of the List of endangered, rare and
precious aquatic species or aquatic species in CITES Appendix I, if not liable
to criminal prosecution:
a) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for the violation involving a total catch of less
than 05 kg;
b) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for the violation involving a total catch of from
05 kg to less than 10 kg;
c) A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for the violation involving a total catch of from
10 kg to less than 20 kg;
d) A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed for the violation involving a total catch of from
20 kg to less than 30 kg;
dd) A fine ranging from VND 60.000.000 to VND
70.000.000 shall be imposed for the violation involving a total catch of from
30 kg to less than 40 kg;
e) A fine ranging from VND 70.000.000 to VND
80.000.000 shall be imposed for the violation involving a total catch of from
40 kg to less than 50 kg;
g) A fine ranging from VND 80.000.000 to VND
90.000.000 shall be imposed for the violation involving a total catch of from
50 kg to less than 60 kg;
h) A fine ranging from VND 90.000.000 to VND
100.000.000 shall be imposed for the violation involving a total catch of from
60 kg to less than 70 kg;
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k) A fine ranging from VND 120.000.000 to VND
150.000.000 shall be imposed for the violation involving a total catch of from
80 kg to less than 100 kg;
l) A fine ranging from VND 150.000.000 to VND
200.000.000 shall be imposed for the violation involving a total catch of 100
kg or more.
4. A fine ranging from VND 50.000.000 to VND
100.000.000 shall be imposed for failure to adequately release the required
quantity of produced aquatic breeds of endangered, rare and precious species
into natural waters within the prescribed time limit when obtaining permission
from a competent authority to catch endangered, rare and precious aquatic
species for the purposes of research, creation and production of aquatic
breeds.
5. Additional penalties:
a) The captain's license or certificate of
competence to operate fishing vessels shall be suspended for 03 - 06 months in
case of commission of the violation specified in Point b Clause 2 or Clause 3
of this Article;
b) Catches shall be confiscated in case of
commission of the violation specified in Clause 2 or Clause 3 of this Article.
6. Remedial measures:
a) Enforced release of the fish that is still alive
into their habitats in case of commission of violation specified in Clause 2 or
Clause 3 of this Article;
b) Enforced additional release of aquatic species
as prescribed in case of commission of the violation specified in Clause 4 of
this Article.
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1. A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed for commission of one of the following violations
within the buffer zones of MPAs:
a) Placing buoys against regulations;
b) Carrying out investigations or scientific
research without obtaining approval from a competent authority;
c) Operating waterway vehicles against regulations;
d) Organizing tourism activities or providing other
services against regulations;
dd) Executing works without permission or against
regulations;
e) Carrying out aquaculture or commercial fishing
against regulations.
2. A fine ranging from VND 70.000.000 to VND
100.000.000 shall be imposed for commission of one of the violations specified
in Clause 1 of this Article within service-administrative sub-zones of MPAs.
3. A fine ranging from VND 100.000.000 to VND
150.000.000 shall be imposed for commission of one of the following violations
within ecological restoration sub-zones of MPAs:
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b) Performing any prohibited acts in ecological
restoration sub-zones.
4. A fine ranging from VND 150.000.000 to VND
200.000.000 shall be imposed for commission of one of the following violations
within strictly protected sub-zones:
a) Committing the violation specified in Point a or
b Clause 1 of this Article;
b) Performing any prohibited acts in strictly
protected sub-zones.
5. Remedial measures:
a) Enforced demolition of construction works which
have been executed against regulations in case of commission of any of the
violations in Point dd Clause 1, Clause 2 and Point a Clause 3 of this Article;
b) Enforced release of the fish that is still alive
into their habitats if carrying out commercial fishing within MPAs against
regulations as prescribed in Point e Clause 1, Clause 2 or Point a Clause 3 of
this Article;
c) Enforced transfer of the fish that is included
in Group I of the List of endangered, rare and precious aquatic species and has
died to competent authorities if carrying out commercial fishing within MPAs
against regulations as prescribed in Point e Clause 1, Clause 2 or Point a
Clause 3 of this Article.
Section 2. VIOLATIONS AGAINST REGULATIONS ON
AQUATIC BREEDS
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1. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for commission of one of the following violations:
a) Failing to update information, or updating
incorrect information, on production and raising of aquatic breeds as
prescribed;
b) Failing to submit written notification of use of
parent aquatic breeds to the relevant provincial fishery authority as
prescribed;
c) Failing to fully record or keep records of
production and raising of aquatic breeds for origin tracing purpose.
2. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for commission of one of the following violations:
a) Failing to comply with regulations on time
limits for use of parent aquatic breeds;
b) Failing to maintain the satisfaction of
eligibility requirements for production and raising of aquatic breeds when
carrying out production and raising of aquatic breeds (other than parent
aquatic breeds);
c) Carrying out production and raising of aquatic
breeds (other than parent aquatic breeds) against the Certificate of
eligibility to carry out production and raising of aquatic breeds.
3. A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for commission of one of the following violations:
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b) Failing to maintain the satisfaction of
eligibility requirements for production and raising of aquatic breeds when
carrying out production and raising of parent aquatic breeds;
c) Carrying out production and raising of aquatic
breeds (other than parent aquatic breeds) without obtain a Certificate of
eligibility to carry out production and raising of aquatic breeds as
prescribed;
d) Performing testing activities without satisfying
eligibility requirements as prescribed.
4. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for production and raising of parent aquatic breeds
(of species other than the key aquatic species) without obtaining a Certificate
of eligibility to carry out production and raising of aquatic breeds as
prescribed.
5. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for production and raising of parent aquatic breeds
(of the key aquatic species) without obtaining a Certificate of eligibility to
carry out production and raising of aquatic breeds as prescribed.
6. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for carrying out production and raising of aquatic
species that are not included in the List of aquatic species licensed for sale
in Vietnam, or that are not yet recognized or granted permission by a competent
authority, if not liable to criminal prosecution.
7. Additional penalties:
a) The production and raising of parent aquatic
breeds shall be suspended for a fixed period of 01 – 03 months in case of
commission of the violation in Point c Clause 2 or Point b Clause 3 of this
Article;
b) Aquatic breed testing shall be suspended for a
fixed period of 03 – 06 months in case of commission of the violation in Point
d Clause 3 of this Article.
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Enforced repurposing, or, if repurposing conditions
are not met, destruction of aquatic breeds in case of commission of any of the
violations in Clauses 2, 3, 4, 5 and 6 of this Article.
Article 11. Violations against regulations on
import and export of aquatic breeds
1. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for failing to meet exporting conditions when
exporting aquatic breeds of the species included in the List of aquatic species
subject to conditional export, unless permitted by competent authorities.
2. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for importing aquatic breeds of the species that
are not included in the List of aquatic species licensed for sale in Vietnam,
if not liable to criminal prosecution, unless permitted by competent
authorities.
3. Remedial measures:
a) Enforced release of aquatic breeds that are
still alive into their habitats or enforced repurposing or, if repurposing
conditions are not met, destruction of aquatic breeds in case of commission of
the violation in Clause 1 of this Article;
b) Enforced re-export, or, if re-export conditions
are not met, destruction of aquatic breeds in case of commission of the
violation specified in Clause 2 of this Article.
Article 12. Violations against regulations on
naming of aquatic breeds
1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for naming aquatic breeds against regulations.
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Enforced removal of violating elements from labels,
packages, means of trading or articles showing names of aquatic breeds in case
of commission of the violation in Clause 1 of this Article.
Section 3. VIOLATIONS AGAINST REGULATIONS ON
AQUACULTURE FEEDS AND AQUA ENVIRONMENTAL REMEDIATION PRODUCTS
Article 13. Violations against regulations on
information on aquaculture feeds and aqua environmental remediation products;
storage, transport and introduction of imported aquaculture feeds and aqua
environmental remediation products at trade fairs or exhibitions
1. The following fines shall be imposed for
updating incorrect or inadequate information on aquaculture feeds or aqua
environmental remediation products before they are sold on the market:
a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for the violation involving less than 03 products;
b) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for the violation involving from 03 to under 05
products;
c) A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for the violation involving from 05 to under 10
products;
d) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for the violation involving 10 products or more.
2. The following fines shall be imposed for failing
to update information on aquaculture feeds or aqua environmental remediation
products before they are sold on the market:
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b) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for the violation involving from 03 to under 05
products;
c) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for the violation involving from 05 to under 10
products;
d) A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for the violation involving 10 products or more.
3. The following fines shall be imposed for failing
to hold a license when storing, transporting or introducing imported
aquaculture feeds or aqua environmental remediation products whose ingredients
are not included in the List of chemicals, biologicals, microorganisms and
ingredients contained in aquaculture feeds permitted for use in Vietnam:
a) A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for the violation involving less than 03 products;
b) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for the violation involving from 03 to under 05
products;
c) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for the violation involving from 05 to under 10
products;
d) A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for the violation involving 10 products or more.
4. Remedial measures:
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b) Enforced repurposing, or, if repurposing
conditions are not met, destruction of aquaculture feeds and aqua environmental
remediation products in case of commission of the violation in Clause 3 of this
Article.
Article 14. Violations against requirements to
be satisfied by establishments manufacturing, trading and importing aquaculture
feeds and aqua environmental remediation products
1. A fine ranging from VND 2.000.000 to VND
4.000.000 shall be imposed upon an importing and trading establishment for
commission of one of the following violations:
a) Selling or storing aquaculture feeds and aqua
environmental remediation products at places which are not separated from or
are polluted with pesticides, fertilizers and/ or other hazardous chemicals;
b) Failing to use appropriate equipment and devices
for storing aquaculture feeds and aqua environmental remediation products
according to instructions given by their manufacturers or suppliers.
2. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for failing to maintain the satisfaction of
eligibility requirements for manufacturing of aquaculture breeds and aqua
environmental remediation products as prescribed.
3. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for manufacturing aquaculture feeds and aqua
environmental remediation products without obtaining a Certificate of
eligibility as prescribed.
4. Additional penalties:
Manufacturing of aquaculture feeds and aqua
environmental remediation products shall be suspended for a fixed period of 01
– 03 months in case of commission of the violation in Clause 2 of this Article.
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Enforced repurposing, or, if repurposing conditions
are not met, destruction of aquaculture feeds or aqua environmental remediation
products in case of commission of the violation in Clause 2 or 3 of this
Article.
Article 15. Violations against regulations on
manufacturing, import and trading of aquaculture feeds and aqua environmental
remediation products
1. The following fines shall be imposed for failing
to record or keep records of manufacturing activities according to quality
control and biosafety procedures:
a) A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for the violation involving less than 05 products;
b) A fine ranging from VND 5.000.000 to VND
7.000.000 shall be imposed for the violation involving from 05 to under 10
products;
c) A fine ranging from VND 7.000.000 to VND
10.000.000 shall be imposed for the violation involving from 10 to under 15
products;
d) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for the violation involving 15 products or more.
2. The following fines shall be imposed for failing
to submit reports on or notification of manufacturing and import activities as
prescribed:
a) A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for failing to submit reports on manufacturing and
import activities as prescribed;
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3. The following fines shall be imposed for using
raw materials of unknown origin for manufacturing of aquaculture feeds or aqua
environmental remediation products:
a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for the violation involving less than 03 products;
b) A fine ranging from VND 10.000.000 to VND 15.000.000
shall be imposed for the violation involving from 03 to under 05 products;
c) A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for the violation involving from 05 to under 10
products;
d) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for the violation involving 10 products or more.
4. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for manufacturing, trading or importing each
aquaculture feed product or aqua environmental remediation product whose
ingredients are not included in the List of chemicals, biologicals,
microorganisms and ingredients contained in aquaculture feeds permitted for use
in Vietnam without holding a license as prescribed, if not liable to criminal
prosecution.
5. The following fines shall be imposed for
manufacturing, trading or importing each aquaculture feed product or aqua
environmental remediation product whose ingredients are included in the List of
chemicals, biologicals and microorganisms prohibited for use, if not liable to
criminal prosecution:
a) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for trading;
b) A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for manufacturing or importing.
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Manufacturing and trading of aquaculture feeds and
aqua environmental remediation products shall be suspended for a fixed period
of 01 – 03 months in case of commission of any of the violations in Point d
Clause 3, Clause 4 and Clause 5 of this Article.
7. Remedial measures:
a) Enforced destruction of aquaculture feeds and
aqua environmental remediation products in case of commission of the
manufacturing or trading-related violation in Clause 3, 4 or 5 of this Article;
b) Enforced re-export, or, if re-export conditions
are not met, destruction of aquaculture feeds and aqua environmental
remediation products in case of commission of the import-related violation in
Clause 4 or Point b Clause 5 of this Article.
Article 16. Violations against regulations on
testing for aquaculture feeds and aqua environmental remediation products
1. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for announcing incorrect testing results.
2. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for performing testing activities without
satisfying eligibility requirements to do so.
3. Additional penalties:
Testing activities shall be suspended for a fixed
period of 03 – 06 months in case of commission of the violation in Clause 2 of
this Article.
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a) Enforced correction of announced testing results
in case of commission of the violation specified in Clause 1 of this Article.
b) Enforced invalidation of testing results in case
of commission of the violation in Clause 2 of this Article.
Section 4. VIOLATIONS AGAINST REGULATIONS ON
AQUACULTURE
Article 17. Violations against eligibility
requirements for aquaculture
1. A fine ranging from VND 2.000.000 to VND
3.000.000 shall be imposed for commission of one of the following violations:
a) Failing to record or keep records of aquatic
breeds, aquaculture feeds, aqua environmental remediation products and aquatic
veterinary drugs used in aquaculture, and other documents on farming process to
facilitate origin tracing;
b) Failing to record or keep records of
hatchery-origin endangered, rare and precious aquatic species, and other
documents on the farming of these aquatic species to facilitate origin tracing;
c) Failing to follow procedures for registration of
cage culture;
d) Performing aquaculture activities at a location
other than the registered one.
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a) Engaging in aquaculture without satisfying
material facilities or technical equipment requirements;
b) Failing to follow procedures for registration of
key aquatic species.
3. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for carrying out marine aquaculture without
obtaining permission from competent authorities as prescribed.
4. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for breeding, farming or cultivating each of the
aquatic species that are not included in the List of aquatic species licensed
for sale in Vietnam, if not liable to criminal prosecution.
5. Remedial measures:
a) Enforced relocation or demolition of aquaculture
structures in case of commission of the violation in Clause 3 of this Article;
b) Enforced repurposing, or, if repurposing
conditions are not met, destruction of aquatic species in case of commission of
the violation in Clause 4 of this Article.
Article 18. Violations against regulations on
import and export of live fish
1. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for commission of one of the following violations:
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b) Importing live fish for human consumption to
serve other purposes or without complying with the validity period of the
granted license;
c) Importing live fish for human consumption from
an exporter or exporting country or through the port of import other than those
specified in the granted license;
d) Keeping or storing live fish imported for human
consumption at a location other than the licensed one;
dd) Using devices and equipment for keeping or
storing live fish imported for human consumption against the control plan;
e) Failing to implement risk management measures
set out in the plan for control of life fish or the treatment plan approved by
a competent authority after importing live fish for ornamental or entertainment
purpose, or display at trade fairs or exhibitions, or scientific research.
2. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for making escape of each species of live fish
imported for human consumption into the natural environment, or spreading,
releasing or illegally breeding live fish imported for human consumption,
ornamental or entertainment purpose, or display at trade fairs or exhibitions,
or scientific research.
3. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for importing live fish of species that are not
included in the List of aquatic species licensed for sale in Vietnam for human
consumption, ornamental or entertainment purpose, or display at trade fairs or
exhibitions, or scientific research, without obtaining a license from a
competent authority as prescribed.
4. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for exporting live fish of species that are
included in the List of aquatic species banned from export or failing to meet
exporting conditions when exporting live fish of species that are included in
the List of aquatic species subject to conditional export, unless licensed by
competent authorities.
5. Additional penalties:
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6. Remedial measures:
a) Enforced re-export, or, if re-export conditions
are not met, destruction of live fish shipments in case of commission of the
violation in Point b or c Clause 1 of this Article;
b) Enforced re-export, or, if re-export conditions
are not met, destruction of live fish shipments imported for human consumption
in case of commission of the violation in Clause 4 of this Article;
c) Enforced capture and destruction of live fish
species released or escaped into natural environment, or products of illegal
breeding of live fish species in case of commission of the violation in Clause
2 of this Article.
Article 19. Violations against regulations on
rearing, breeding and artificial propagation of endangered, rare and precious
aquatic species or aquatic species included in CITES Appendices on endangered,
rare and precious aquatic species
1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for commission of one of the following violations:
a) Failing to record, or recording inadequate or
incorrect information on logbooks of rearing, breeding and artificial
propagation of aquatic species included in CITES Appendices;
b) Failing to record, or recording inadequate or
incorrect information on logbooks of rearing, breeding and artificial
propagation of endangered, rare and precious aquatic species to
facilitate origin certification.
2. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for commission of one of the following violations:
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b) Failing to obtain a certificate of eligibility
to carry out rearing, breeding and artificial propagation of endangered, rare
and precious aquatic species as prescribed.
3. A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for rearing, breeding and artificial propagation of
each endangered, rare and precious aquatic species of unknown origin.
4. Additional penalties:
a) Aquatic species of unknown origin shall be
confiscated in case of commission of the violation specified in Clause 3 of
this Article;
b) Rearing, breeding and artificial propagation of
endangered, rare and precious aquatic species shall be suspended for a fixed
period of 01 - 03 months in case of commission of the violation in Point b
Clause 2 or Clause 3 of this Article.
Section 5. VIOLATIONS AGAINST REGULATIONS ON
COMMERCIAL FISHING
Article 20. Serious violations against
regulations on commercial fishing
1. A fine ranging from VND 300.000.000 to VND
500.000.000 shall be imposed for commission of one of the following violations:
a) Failing to obtain a fishing license or using an
expired one when using fishing vessels of 15 m, or more, but less than 24 m in
overall length for carrying out commercial fishing within territorial waters;
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c) Failing to maintain the transmission of
information from VTU to the vessel monitoring system as prescribed, or
knowingly disabling VTU, or failing to install an VTU on a fishing vessel of 24
m, or more, in overall length during its operation;
d) Failing to have or fill in logbooks of
commercial fishing, purchase or transshipment of fish of fishing vessels of 24
m, or more, in overall length in case of repeated or re-committed violation;
dd) Failing to maintain the transmission of
information from VTU to the vessel monitoring system as prescribed, or
knowingly disabling VTU, or failing to install an VTU on a fishing vessel of 15
m, or more, but less than 24 m in overall length during its operation in case
of repeated or re-committed violation.
2. A fine ranging from VND 500.000.000 to VND
700.000.000 shall be imposed for commission of one of the following violations:
a) Failing to obtain a fishing license or using an
expired one when using fishing vessels of 15 m, or more, but less than 24 m in
overall length for carrying out commercial fishing within territorial waters in
case of repeated or re-committed violation;
b) Using fishing vessels of 24 m, or more, in
overall length for transshipment of fish and fishery products from a fishing
vessel that is operated without a fishing license or with an expired one, or
for facilitating exploration, search for, trapping or transport of fish of a
fishing vessel that is found to have carried out illegal fishing in case of
repeated or re-committed violation;
c) Failing to maintain the transmission of
information from VTU to the vessel monitoring system as prescribed, or
knowingly disabling VTU, or failing to install an VTU on a fishing vessel of 24
m, or more, in overall length during its operation in case of repeated or
re-committed violation;
d) Hiding, fabricating or destroying evidence of
violations against regulations on commercial fishing and protection of aquatic
resources;
dd) Failing to fill in fishing logbook, or filling
in fishing logbook or submitting reports against regulations adopted by the
Regional fisheries management organization when carrying out commercial fishing
within the waters under the this organization's jurisdiction;
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3. A fine ranging from VND 800.000.000 to VND
1.000.000.000 shall be imposed for commission of one of the following
violations:
a) Failing to obtain a fishing license or using an
expired one when using fishing vessels of 24 m, or more, in overall length for
carrying out commercial fishing within territorial waters.
b) Failing to obtain a fishing license or written
approval or using an expired one when carrying out commercial fishing in
territorial waters under the jurisdiction of another State or territory or
under the jurisdiction of a Regional fisheries management organization;
c) Failing to obtain a fishing license or using an
expired one when operating foreign fishing vessels in territorial waters of
Vietnam;
d) Carrying out unauthorized fishing in territorial
waters under the jurisdiction of a Regional fisheries management organization
using vessels without nationality or those flying the flag of a State that is
not a member of this organization;
dd) Using fishing vessels for carrying out
commercial fishing against regulations on fishing and protection of aquatic
resources in international waters beyond the jurisdiction of Regional fisheries
management organizations;
e) Carrying out commercial fishing against
regulations within territorial waters under the jurisdiction of a Regional
fisheries management organization;
g) Hiding, fabricating or destroying evidence of
violations against regulations on commercial fishing and protection of aquatic
resources in case of repeated violation;
h) Carrying out fishing operations in excess of
total allowable catch approved by a Regional fisheries management organization
in case of repeated violation.
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a) Fish caught shall be confiscated in case of
commission of any of the violations in Points a, b and dd Clause 1, Points a,
b, c and e Clause 2, Points a, b, c, d, dd, e and h Clause 3 of this Article;
b) Fishing vessels shall be confiscated in case of
commission of the violation in Points b, c, d, dd or e Clause 3 of this
Article;
c) The captain's license or certificate of
competence to operate fishing vessels shall be suspended for a fixed period of
06 - 12 months in case of commission of any of the violations specified in
Clauses 1, 2 and 3 of this Article;
h) The fishing license shall be suspended for a
fixed period of 06 - 12 months in case of commission of the violation in Point
e Clauses 2, or Point dd, e or h Clause 3 of this Article.
5. Remedial measures:
Fishing vessel owners are compelled to cover costs
for bringing Vietnamese citizens who are seized by foreign competent
authorities into in case of commission of the violation in Point b Clause 3 of
this Article.
Article 21. Violations against regulations on
fishing zones
1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for using fishing vessels of less than 12 m in
overall length for carrying out commercial fishing in coastal zones or inshore
zones of another province or central-affiliated city, unless an agreement has
been entered into by the People's Committees of two provinces or
central-affiliated cities.
2. A fine ranging from VND 10.000.000 to VND 15.000.000
shall be imposed for using fishing vessels of less than 12 m in overall length
for carrying out commercial fishing in inshore or offshore zones.
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4. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for using fishing vessels of 15 m, or more, but
less than 24 m in overall length for carrying out commercial fishing in coastal
or inshore zones.
5. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for using fishing vessels of 24 m, or more, in
overall length for carrying out commercial fishing in coastal or inshore zones.
6. The fines that are twice as much as those
prescribed in Clauses 2 through 5 of this Article shall be imposed for using
fishing vessels used in trawls, light-combined fishing occupations and gears
(except squid hand-lining) for carrying out commercial fishing in coastal
zones.
7. The following fines shall be imposed for
operating fishing vessels crossing boundaries of zones permitted for fishing at
sea without obtaining a written approval (except force majeure events):
a) A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for the violation involving fishing vessels of less
than 12 m in overall length;
b) A fine ranging from VND 50.000.000 to VND
100.000.000 shall be imposed for the violation involving fishing vessels of 12
m, or more, but less than 15 m in overall length;
c) A fine ranging from VND 100.000.000 to VND
150.000.000 shall be imposed for the violation involving fishing vessels of 15
m, or more, but less than 24 m in overall length;
d) A fine ranging from VND 150.000.000 to VND
200.000.000 shall be imposed for the violation involving fishing vessels of 24
m, or more, in overall length.
8. Additional penalties:
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b) The captain's license or certificate of
competence to operate fishing vessels shall be suspended for a fixed period of
03 - 06 months in case of commission of any of the violations in Clauses 2, 3,
4, 5 and 6 of this Article.
c) The captain's license or certificate of
competence to operate fishing vessels shall be suspended for a fixed period of
06 - 12 months in case of commission of the violation in Clause 7 of this
Article.
Article 22. Violations against regulations on
fishing quotas
1. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for carrying out commercial fishing in excess of
the granted fishing quota by 10% to under 20%.
2. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for carrying out commercial fishing in excess of
the granted fishing quota by 20% to 30%.
3. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for carrying out commercial fishing in excess of
the granted fishing quota by more than 30%.
4. Additional penalties:
a) The exceeding amount of catches shall be
confiscated in case of commission of the violation in Clause 1, Clause 2 or
Clause 3 of this Article.
b) The captain's license or certificate of competence
to operate fishing vessels shall be suspended for a fixed period of 06 - 12
months in case of commission of the violation in Clause 2 or Clause 3 of this
Article.
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1. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for commission of one of the following violations:
a) Failing to carry the original or certified true
copy of the fishing license when operating fishing vessels for commercial
fishing;
b) Using fishing vessels of 06 m, or more, but less
than 12 m in overall length for carrying out a fishing occupation other than
the one specified in the fishing license;
c) Failing to obtain a fishing license or using an
expired one when using fishing vessels of 06 m, or more, but less than 12 m in
overall length for carrying out commercial fishing in inland waters.
2. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for commission of one of the following violations:
a) Failing to obtain a fishing license or using an
expired one when using fishing vessels of 06 m, or more, but less than 12 m in
overall length for carrying out commercial fishing in the territorial waters of
Vietnam;
b) Using fishing vessels of 12 m, or more, but less
than 15 m in overall length for carrying out a fishing occupation other than
the one specified in the fishing license;
c) Failing to obtain a fishing license or using an
expired one when using fishing vessels of 15 m, or more, in overall length for
carrying out commercial fishing in inland waters.
3. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for commission of one of the following violations:
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b) Using fishing vessels of 15 m, or more, in
overall length for carrying out a fishing occupation other than the one
specified in the fishing license.
4. A fine ranging from VND 60.000.000 to VND
100.000.000 shall be imposed for repeat or re-commission of the violation in
Clause 3 of this Article.
5. Additional penalties:
a) Catches shall be confiscated in case of
commission of any of the violations in Point c Clause 1, Clauses 2, 3 and 4 of
this Article;
b) Fishing gears shall be confiscated in case of
commission of any of the violations in Point b Clause 2, Clause 3 and Clause 4
of this Article;
c) The captain's license or certificate of
competence to operate fishing vessels shall be suspended for a fixed period of
06 - 12 months in case of commission of any of the violations in Point c Clause
1, Clauses 2, 3 and 4 of this Article.
Article 24. Violations against regulations on
transshipment or facilitation of illegal fishing
1. The following fines shall be imposed for
exploration, search for, or trapping of aquatic resources for a fishing vessel
which is found to carry out commercial fishing in no-take zones, or within the
period during which it is banned from fishing, or to catch undersized fish, or
to use banned fishing occupations and gears:
a) A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for the violation involving fishing vessels of less
than 12 m in overall length or other waterway vehicles;
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c) A fine ranging from VND 60.000.000 to VND
80.000.000 shall be imposed for the violation involving fishing vessels of 15
m, or more, but less than 24 m in overall length.
2. The following fines shall be imposed for
exploration, search for, trapping, transshipment or transport of the fish of a
fishing vessel which is operated without a fishing license or with an expired
one, or without an VTU installed during its operation, or without maintaining
the transmission of information from its VTU to the vessel monitoring system,
or on which the VTU is disabled during its operation:
a) A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed for the violation involving fishing vessels of less
than 12 m in overall length or other waterway vehicles;
b) A fine ranging from VND 60.000.000 to VND 70.000.000
shall be imposed for the violation involving fishing vessels of 12 m, or more,
but less than 15 m in overall length;
c) A fine ranging from VND 70.000.000 to VND
80.000.000 shall be imposed for the violation involving fishing vessels of 15
m, or more, but less than 24 m in overall length.
3. The following fines shall be imposed for
carrying out transshipment or transport of aquatic resources from fishing
vessels that are used for carrying out illegal fishing beyond the territorial
waters of Vietnam:
a) A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for the violation involving fishing vessels of
less than 12 m in overall length or other waterway vehicles;
b) A fine ranging from VND 100.000.000 to VND
150.000.000 shall be imposed for the violation involving fishing vessels of 12
m, or more, but less than 15 m in overall length;
c) A fine ranging from VND 150.000.000 to VND
200.000.000 shall be imposed for the violation involving fishing vessels of 15
m, or more, but less than 24 m in overall length.
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a) The fish caught from illegal fishing shall be
confiscated in case of commission of any of the violations in Clauses 1, 2 and
3 of this Article;
b) The captain's license or certificate of
competence to operate fishing vessels shall be suspended for a fixed period of
03 - 06 months in case of commission of any of the violations in Clauses 1, 2
and 3 of this Article.
Article 25. Violations against regulations on
logbooks and reports on fishing operations, purchase and transshipment
1. A fine ranging from VND 2.000.000 to VND
3.000.000 shall be imposed for commission of one of the following violations:
a) Failing to submit reports on fishing operations
conducted by a fishing vessel of 06 m, or more, but less than 12 m in overall
length;
b) Recording incorrect or inadequate information in
logbooks of fishing, purchase or transshipment operations carried out by a
fishing vessel of 12 m, or more, but less than 15 m in overall length.
2. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for commission of one of the following violations:
a) Failing to have, or fill in, or submit logbooks
of fishing, purchase or transshipment operations carried out by a fishing
vessel of 12 m, or more, but less than 15 m in overall length;
b) Recording incorrect or inadequate information in
logbooks of fishing, purchase or transshipment operations carried out by a
fishing vessel of 15 m, or more, but less than 24 m in overall length.
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a) Failing to have, or fill in, or submit logbooks
of fishing, purchase or transshipment operations carried out by a fishing
vessel of 15 m, or more, but less than 24 m in overall length;
b) Recording incorrect or inadequate information in
logbooks of fishing, purchase or transshipment operations carried out by a
fishing vessel of 24 m, or more, in overall length.
4. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for commission of one of the following violations:
a) Failing to have, or fill in, or submit logbooks
of fishing, purchase or transshipment operations carried out by a fishing
vessel of 15 m, or more, but less than 24 m in overall length in case of
re-committed violation;
b) Failing to have or fill in logbooks of fishing,
purchase or transshipment operations carried out by a fishing vessel of 24 m,
or more, in overall length;
c) Recording incorrect or inadequate information in
logbooks of fishing, purchase or transshipment operations carried out by a
fishing vessel of 24 m, or more, in overall length in case of repeated or
re-committed violation.
5. Additional penalties:
The captain's license or certificate of competence
to operate fishing vessels shall be suspended for a fixed period of 03 - 06
months in case of commission of the violation in Clause 4 of this Article.
Article 26. Violations against regulations on
fishery operations carried out by foreign entities in territorial waters of
Vietnam
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a) Failing to inform a competent authority of
Vietnam before operating vessels into the territorial waters of Vietnam;
b) Entering a port other than the one specified in
the fishing license;
c) Failing to carry on board all documents required
by the law of Vietnam;
d) Failing to have, or fill in, or submit, or
recording inadequate information in logbooks of fishing, purchase and
transshipment operations, or failing to submit reports as prescribed;
dd) Failing to embark supervisors, or disembarking
supervisors at a location other than the prescribed one, or failing to provide
adequate working and living conditions for supervisors as prescribed by the law
of Vietnam.
2. A fine ranging from VND 100.000.000 to VND
200.000.000 shall be imposed for failing to comply with fishing zones, fishing
gears or scope of activities specified in the fishing license.
3. A fine ranging from VND 200.000.000 to VND
300.000.000 shall be imposed for repeat or re-commission of the violation in
Clause 1 or 2 of this Article.
4. Additional penalties:
a) The fishing license shall be suspended for a
fixed period of 03 - 06 months in case of commission of the violation in Clause
1 of this Article;
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Article 27. Violations against regulations on
fishing occupations and gears
1. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for failing to mark fishing gears or marking fishing
gears against regulations or illegally discarding fishing gears into natural
waters.
2. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for using fishing gears in a manner that obstructs
or causes damage to other entities that are carrying out legal fishing
operations, or anchoring at the place where the fishing gear of another entity
that is carrying out legal fishing operations is placed.
3. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for production, trading, transport or storage of
fishing gears banned from use in commercial fishing.
4. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for carrying out commercial fishing using banned
fishing occupations or gears, if not liable to criminal prosecution.
5. Additional penalties:
a) Fishing gears banned from use in commercial
fishing shall be confiscated in case of commission of the violation in Clause 3
or Clause 4 of this Article;
b) The captain's license or certificate of
competence to operate fishing vessels shall be suspended for a fixed period of
03 - 06 months in case of commission of the violation in Clause 4 of this
Article.
Article 28. Violations against regulations on
use of electricity in commercial fishing
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2. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for storage, transport or trading in electrofishing
equipment.
3. The following fines shall be imposed for
carrying out fishing operations using electrofishing equipment or direct
current from generators on board fishing vessels:
a) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for the violation involving fishing vessels of less
than 06 m in overall length;
b) A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for the violation involving fishing vessels of 06
m, or more, but less than 12 m in overall length;
c) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for the violation involving fishing vessels of 12
m, or more, but less than 15 m in overall length;
d) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for the violation involving fishing vessels of 15
m, or more, in overall length.
4. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for carrying out commercial fishing using direct
current from electrical grids, if not liable to criminal prosecution.
5. Additional penalties:
a) Electrofishing equipment, generators and fishing
gears shall be confiscated in case of commission of any of the violations in
Clauses 1, 2, 3 and 4 of this Article;
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6. Remedial measures:
Enforced release of the fish that is still alive
into their habitats in case of commission of any of the violations in Clauses
1, 3 and 4 of this Article.
Article 29. Violations against regulations on
storage and use of banned substances or chemicals, toxic substances, explosives
or poisonous plants in commercial fishing
1. The following fines shall be imposed for storage
of banned substances or chemicals, toxic substances, or poisonous plants on
board fishing vessels:
a) A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for the violation involving fishing vessels of less
than 06 m in overall length;
b) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for the violation involving fishing vessels of 06
m, or more, but less than 15 m in overall length;
c) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for the violation involving fishing vessels of 15
m, or more, but less than 24 m in overall length;
d) A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for the violation involving fishing vessels of 24
m, or more, in overall length.
2. The following fines shall be imposed for storage
of banned substances or chemicals, toxic substances, or poisonous plants on
board fishing vessels in case of repeated or re-committed violation:
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b) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for the violation involving fishing vessels of 06
m, or more, but less than 15 m in overall length;
c) A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for the violation involving fishing vessels of 15
m, or more, but less than 24 m in overall length;
d) A fine ranging from VND 20.000.000 to VND
25.000.000 shall be imposed for the violation involving fishing vessels of 24
m, or more, in overall length.
3. A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed for carrying out commercial fishing using banned
substances or chemicals, toxic substances, explosives, poisonous plants or
other chemicals, if not liable to criminal prosecution.
4. Additional penalties:
a) Banned substances or chemicals, toxic
substances, and poisonous plants shall be confiscated in case of commission of
any of the violations in Clauses 1, 2 and 3 of this Article;
b) The captain's license or certificate of
competence to operate fishing vessels shall be suspended for a fixed period of
03 - 06 months in case of commission of the violation in Clause 3 of this
Article.
5. Remedial measures:
Enforced destruction of banned substances or
chemicals, toxic substances, poisonous plants, other chemicals, and the fish
caught in case of commission of any of the violations in Clauses 1, 2 and 3 of
this Article.
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1. A fine ranging from VND 2.000.000 to VND 4.000.000
shall be imposed for flying flags against regulations, or failing to fly the
nationality flag or the national flag of the Socialist Republic of Vietnam on
an operating fishing vessel.
2. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for repeat or re-commission of the violation in
Clause 1 of this Article.
3. Remedial measures:
Enforced flying of the national flag of the
Socialist Republic of Vietnam and the nationality flag as prescribed in case of
commission of the violation in Clause 1 or Clause 2 of this Article.
Section 6. VIOLATIONS AGAINST REGULATIONS ON
FISHING VESSELS, FISHING PORTS AND SHELTERED ANCHORAGES
Article 31. Violations against regulations on
building and modification of fishing vessels
1. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for building or modifying fishing vessels against
approved technical designs.
2. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for building or modifying fishing vessels without approved
technical designs.
3. A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for building or modifying fishing vessels without
obtaining a Certificate of eligibility to carry out building and modification
of fishing vessels as prescribed, or building or modifying fishing vessels
against such certificate.
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a) A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for the violation involving fishing vessels of 06
m, or more, but less than 15 m in overall length;
b) A fine ranging from VND 50.000.000 to VND
80.000.000 shall be imposed for the violation involving fishing vessels of 15
m, or more, but less than 24 m in overall length;
c) A fine ranging from VND 100.000.000 to VND
200.000.000 shall be imposed for the violation involving fishing vessels of 24
m, or more, in overall length.
5. Additional penalties:
a) Operations of the facility that is eligible to
carry out building and modification of fishing vessels shall be suspended for a
fixed period of 01 – 03 months in case of commission of the violation in Clause
1 or Clause 2 of this Article;
b) The fishing license shall be suspended for a
fixed period of 06 - 12 months in case of modification of fishing vessels
without obtaining written approval from competent authorities as prescribed in
Clause 4 of this Article.
6. Remedial measures:
a) Enforced restoration to the original condition
in case of commission of the violation involving modification of fishing
vessels prescribed in Clause 4 of this Article;
b) Enforced repurposing, or, if repurposing
conditions are not met, breaking up of fishing vessels in case of commission of
the violation involving building of fishing vessels prescribed in Clause 4 of
this Article.
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1. A fine ranging from VND 50.000.000 to VND
70.000.000 shall be imposed for importing fishing vessels in one of the
following cases:
a) Characteristics and technical specifications of
the fishing vessel are different from those specified in the import license,
unless fishing vessels are given as aid by foreign Governments or entities to
Vietnam;
b) The fishing vessel is included in the List of
fishing vessels used for illegal fishing announced by a regional fisheries
management organization or Food and Agriculture Organization of the United
Nations (FAO).
2. Additional penalties:
Fishing vessels shall be confiscated in case of
commission of the violation in Point b Clause 1 of this Article.
3. Remedial measures:
Enforced re-export, or, if re-export conditions are
not met, repurposing, or breaking up, or dumping of fishing vessels in case of commission
of the violation in Point a Clause 1 of this Article.
Article 33. Violations against regulations on
technical safety of fishing vessels
1. A fine ranging from VND 500.000 to VND 1.000.000
shall be imposed for failing to carry a Certificate of technical safety on
board a fishing vessel during its operation.
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a) A fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed for the violation involving fishing vessels of less
than 12 m in overall length;
b) A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for the violation involving fishing vessels of 12 m,
or more, but less than 15 m in overall length;
c) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for the violation involving fishing vessels of 15
m, or more, but less than 24 m in overall length;
d) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for the violation involving fishing vessels of 24
m, or more, in overall length.
3. A fine ranging from VND 10.000.000 to VND
20.000.000 shall be imposed for operating a fishing vessel of 12 m, or more,
but less than 15 m in overall length without a Certificate of technical safety
or with an expired one.
4. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for operating a fishing vessel of 15 m, or more,
but less than 24 m in overall length without a Certificate of technical safety
or with an expired one.
5. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for operating a fishing vessel of 24 m, or more, in
overall length without a Certificate of technical safety or with an expired
one.
Article 34. Violations against regulations on
survey of fishing vessels
1. A fine ranging from VND 5.000.000 to VND
7.000.000 shall be imposed for failing to submit adequate reports on survey of
fishing vessels as prescribed.
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3. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for signing or using specialized seal and records
against regulations when preparing documents concerning surveys of fishing
vessels and equipment on board fishing vessels.
4. A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for falsifying survey results, or performing
surveys inconsistently with national technical regulations on classification
and building of ships, or carrying out survey procedures for a fishing vessel
which does not bear identification marks as prescribed.
5. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for commission of one of the following violations:
a) Carrying out survey of fishing vessels without
obtaining a certificate of eligibility to perform survey of fishing vessels;
b) Carrying out survey of fishing vessels against
the certificate of eligibility to perform survey of fishing vessels;
c) Carrying out survey of fishing vessels without
maintaining the satisfaction of eligibility requirements as prescribed.
6. Additional penalties:
a) The surveyor card shall be suspended for a fixed
period of 03 – 06 months in case of commission of the violation in Clause 3 of
this Article;
b) Operations of the fishing vessel survey facility
shall be suspended for a fixed period of 01 - 03 months in case of commission
of the violation in Clause 4 of this Article.
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a) Enforced invalidation of survey results in case
of commission of the violation in Clause 4 or 5 of this Article;
b) Enforced revocation of certificate of
eligibility to perform survey of fishing vessels in case of commission of the
violation in Point b or c Clause 5 of this Article.
Article 35. Violations against regulations on
communication equipment and vessel tracking units (VTUs) on board fishing
vessels
1. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for removing VTU from a fishing vessel which is not
operated at sea without supervision as prescribed.
2. The following fines shall be imposed for failing
to provide, or insufficiently providing, communication equipment for fishing
vessels:
a) A fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed for the violation involving fishing vessels of less
than 12 m in overall length;
b) A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for the violation involving fishing vessels of 12 m,
or more, but less than 15 m in overall length;
c) A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for the violation involving fishing vessels of 15
m, or more, but less than 24 m in overall length;
d) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for the violation involving fishing vessels of 24
m, or more, in overall length.
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a) Failing to comply with regulations in cases
where the VTU installed on a fishing vessel of 15 m, or more, but less than 24
m in overall length fails to operate or is unable to transmit information and
data from the fishing vessel to the fishing vessel monitoring data center
during its operation;
b) Failing to submit report, or submitting a report
containing inaccurate information, on the installation of VTU on a fishing
vessel, or failing to submit written reports before providing VTU to supervisory
authorities as prescribed;
c) Failing to use lead seals after installing VTUs
on fishing vessels as prescribed, or failing to send the specimen of lead seal
to supervisory authorities as prescribed, or installing VTUs on fishing vessels
against regulations;
d) Failing to keep confidentiality of vessel
tracking data as prescribed;
dd) Inputting inaccurate information on fishing
vessel, fishing vessel owner and/or code of VTU into the vessel monitoring
software.
4. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for commission of one of the following violations:
a) Re-commission of the violation in Clause 3 of
this Article;
b) Replacing the lead seal of VTU installed on a
fishing vessel without reporting to competent authorities.
5. A fine ranging from VND 50.000.000 to VND
100.000.000 shall be imposed for commission of one of the following violations:
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b) Sending VTU of another fishing vessel which is
being operated at sea.
6. A fine ranging from VND 100.000.000 to VND
300.000.000 shall be imposed for commission of one of the following violations:
a) Providing VTUs that are to be installed on
fishing vessels but fail to meet technical requirements as prescribed.
b) Failing to maintain the transmission of
information from VTU to the vessel monitoring system as prescribed, or
knowingly disabling VTU, or failing to install an VTU on a fishing vessel of 15
m, or more, but less than 24 m in overall length during its operation;
c) Failing to comply with regulations in cases
where the VTU installed on a fishing vessel of 24 m, or more, in overall length
fails to operate or is unable to transmit information and data from the fishing
vessel to the fishing vessel monitoring data center during its operation.
7. Additional penalties:
The captain's license or certificate of competence
to operate fishing vessels shall be suspended for a fixed period of 06 - 12
months in case of commission of any of the violations in Clause 5 and Points b,
c, d Clause 6 of this Article.
Article 36. Violations against regulations on
marking of fishing vessels
1. A fine ranging from VND 500.000 to VND 1.000.000
shall be imposed for failing to make identification marking, or making
identification marking against regulations, on fishing vessels of 06 m, or
more, but less than 12 m in overall length.
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3. A fine ranging from VND 2.000.000 to VND
3.000.000 shall be imposed for failing to make identification marking, or
making identification marking against regulations, on fishing vessels of 15 m,
or more, but less than 24 m in overall length.
4. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for failing to make identification marking, or
making identification marking against regulations, on fishing vessels of 24 m,
or more, in overall length.
Article 37. Violations against regulations on
registration of fishing vessels
1. A fine ranging from VND 500.000 to VND 1.000.000
shall be imposed for failing carry the original or certified true copy of the
ship‘s certificate of registry on board a fishing vessel during its operation.
2. A fine ranging from VND 1.000.000 to VND
2.000.000 shall be imposed for failing to display the registration number, or
displaying the registration number against regulations, or displaying a
registration number other than the one granted by a competent authority on the
fishing vessel.
3. The following fines shall be imposed for failing
to carry out procedures for re-registration of fishing vessels:
a) A fine ranging from VND 6.000.000 to VND
8.000.000 shall be imposed for the violation involving fishing vessels of less
than 15 m in overall length;
b) A fine ranging from VND 8.000.000 to VND
10.000.000 shall be imposed for the violation involving fishing vessels of 15
m, or more, but less than 24 m in overall length;
c) A fine ranging from VND 10.000.000 to VND
12.000.000 shall be imposed for the violation involving fishing vessels of 24
m, or more, in overall length.
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a) A fine ranging from VND 6.000.000 to VND 8.000.000
shall be imposed for the violation involving fishing vessels of less than 15 m
in overall length;
b) A fine ranging from VND 8.000.000 to VND
10.000.000 shall be imposed for the violation involving fishing vessels of 15
m, or more, but less than 24 m in overall length;
c) A fine ranging from VND 10.000.000 to VND
12.000.000 shall be imposed for the violation involving fishing vessels of 24
m, or more, in overall length.
5. The following fines shall be imposed for using
fishing vessels which are not yet registered for carrying out commercial
fishing:
a) A fine ranging from VND 6.000.000 to VND
8.000.000 shall be imposed for the violation involving fishing vessels of less
than 15 m in overall length;
b) A fine ranging from VND 8.000.000 to VND 10.000.000
shall be imposed for the violation involving fishing vessels of 15 m, or more,
but less than 24 m in overall length;
c) A fine ranging from VND 10.000.000 to VND
12.000.000 shall be imposed for the violation involving fishing vessels of 24
m, or more, in overall length.
6. The following fines shall be imposed for using
fishing vessels which are not yet registered for carrying out commercial
fishing in case of repeated or re-committed violation:
a) A fine ranging from VND 10.000.000 to VND
12.000.000 shall be imposed for the violation involving fishing vessels of less
than 15 m in overall length;
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c) A fine ranging from VND 14.000.000 to VND
16.000.000 shall be imposed for the violation involving fishing vessels of 24
m, or more, in overall length.
7. Remedial measures:
Enforced repurposing, or, if repurposing conditions
are not met, breaking up of fishing vessels in case of commission of the
violation in Clause 6 of this Article.
Article 38. Violations against regulations on
crew members and other persons on board fishing vessels
1. A fine ranging from VND 300.000 to VND 500.000
shall be imposed upon a crew member or another person working on board a
fishing vessel for failure to carry their identification papers.
2. A fine ranging from VND 500.000 to VND 1.000.000
shall be imposed upon a crew member working on board a fishing vessel whose
name is not included in the crew list.
3. A fine ranging from VND 3.000.000 to VND
5.000.000 shall be imposed for commission of one of the following violations:
a) The captain, or chief engineer, mate, or fitter
of a fishing vessel fails to possess qualifications or certifications as
prescribed;
b) Failing to have a crew list on board a fishing
vessel as prescribed.
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4. The following fines shall be imposed for failing
to buy insurance for crew members working on board a fishing vessel:
a) A fine ranging from VND 5.000.000 to VND
7.000.000 shall be imposed for the violation involving less than 03 crew
members working on board the fishing vessel;
b) A fine ranging from VND 7.000.000 to VND
10.000.000 shall be imposed for the violation involving from 03 to under 05
crew members working on board the fishing vessel;
c) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for the violation involving from 05 to under 10
crew members working on board the fishing vessel;
d) A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for the violation involving 10 crew members working
on board the fishing vessel, or more.
Article 39. Violations against regulations on
fishing ports and sheltered anchorages
1. A fine ranging from VND 2.000.000 to VND
5.000.000 shall be imposed for commission of one of the following violations:
a) Failing to notify or giving a notification
containing inadequate information to the port authority before the fishing
vessel enters or leaves a fishing port;
b) A fishing vessel of 15 m, or more, in overall
length fails to enter a port included in the List of fishing ports designated
for fishing vessels operating in offshore zones for unloading its catches;
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2. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for operating a fishing vessel or other waterway
vehicles in a manner that causes damage to port facilities.
3. A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for destruction, alteration or replacement of
equipment and/or facilities of a fishing port.
4. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for unlawfully encroaching land, waters or any
facilities of a fishing port.
5. Additional penalties:
The exhibits and instrumentalities used for
committing the violation in Clause 3 of this Article shall be confiscated.
6. Remedial measures:
a) Enforced restoration to the original condition
in case of commission of the violation in Clause 2 or Clause 3 of this Article;
b) Enforced return of areas unlawfully encroached
in case of commission of the violation in Clause 4 of this Article.
Article 40. Violations against regulations on
fishing port management
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a) Failing to collect logbooks of fishing, purchase
and transshipment operations and reports on fishing operations;
b) Failing to issue internal regulations of the
fishing port;
c) Failing to publicly post the port’s internal
regulations at the fishing port;
d) Failing to provide working place for regulatory
authorities to carry out inspections, supervisions or control of compliance
with laws at the fishing port;
dd) Failing to immediately inform regulatory
authorities of fishing vessels carrying out illegal fishing;
e) Failing to supervise, or failing to report, or
submitting late reports, or submitting reports containing inadequate or
inaccurate information, or failing to update data on fishing vessels entering
and leaving the fishing port, quantity and species of the fish, quantity of the
fish unloaded at the fishing port as prescribed.
2. A fine ranging from VND 5.000.000 to VND
10.000.000 shall be imposed for commission of one of the following violations:
a) Failing to certify the fish and fishery products
unloaded at the fishing port or making certification against regulations on
origin of the fish unloaded at the fishing port;
b) Making certification of arrival or departure to
a fishing vessel which does not really enter the port.
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4. A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for allowing the unloading of catches of illegal
origin at the fishing port.
5. The fines that are twice as much as those
prescribed in Clauses 2 through 4 of this Article shall be imposed for repeated
or re-committed violations.
Section 7. VIOLATIONS AGAINST REGULATIONS ON
COLLECTION, PRELIMINARY PROCESSING, PROCESSING, STORAGE AND TRANSPORT OF FISH
AND FISHERY PRODUCTS
Article 41. Violations against regulations on
collection, trading, handling, preliminary processing, processing, preservation
and transport of fish and fishery products
1. The following fines shall be imposed for illegal
collection, trading, storage, preliminary processing, processing, preservation
or transport of fish, fishery products and parts thereof of species included in
Group II of the List of endangered, rare and precious aquatic species without
satisfying conditions laid down in laws, or fish, fishery products and parts
thereof of unknown origin of endangered, rare and precious aquatic species
included in CITES Appendix II or III, if not liable to criminal prosecution:
a) A fine ranging from VND 10.000.000 to VND
15.000.000 shall be imposed for the violation involving a quantity of less than
20 kg;
b) A fine ranging from VND 15.000.000 to VND
20.000.000 shall be imposed for the violation involving a quantity of from 20
kg to under 50 kg;
c) A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for the violation involving a quantity of from 50
kg to under 100 kg;
d) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for the violation involving a quantity of from 100
kg to under 200 kg;
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e) A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed for the violation involving a quantity of 500 kg,
or more.
2. The following fines shall be imposed for illegal
collection, trading, storage, preliminary processing, processing, preservation
or transport of fish, fishery products and parts thereof of species included in
Group I of the List of endangered, rare and precious aquatic species, or fish,
fishery products and parts thereof of unknown origin of endangered, rare and
precious aquatic species included in CITES Appendix I, if not liable to
criminal prosecution:
a) A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for the violation involving a quantity of less than
10 kg;
b) A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for the violation involving a quantity of from 10
kg to under 20 kg;
c) A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed for the violation involving a quantity of from 20
kg to under 50 kg;
d) A fine ranging from VND 60.000.000 to VND
70.000.000 shall be imposed for the violation involving a quantity of from 50
kg to under 100 kg;
dd) A fine ranging from VND 70.000.000 to VND
80.000.000 shall be imposed for the violation involving a quantity of from 100
kg to under 500 kg;
e) A fine ranging from VND 80.000.000 to VND
100.000.000 shall be imposed for the violation involving a quantity of 500 kg,
or more.
3. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for collection, trading, preliminary processing,
preservation or transport of the fish of illegal fishing, or aquatic species
which are not included in the List of aquatic species licensed for sale in
Vietnam, or aquatic species of unknown origin.
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The fish, fishery products and parts thereof of
endangered, rare and precious aquatic species shall be confiscated in case of
commission of the violation in Clause 1 or 2 of this Article.
5. Remedial measures:
Enforced destruction of aquatic species in case of
commission of the violation in Clause 3 of this Article.
Article 42. Violations against regulations on
import, export, temporary import, re-export and transit of fishery products
processed from catches, export and import of fish
1. A fine ranging from VND 30.000.000 to VND
40.000.000 shall be imposed for commission of one of the following violations:
a) Failing to provide documents serving inspection
or failing to provide accurate information as prescribed on fishery products
processed from catches which are imported and transported by container ships;
b) Documents and/or evidences declaring that
fishery products imported to Vietnam originate from catches do not comply with
regulation on prevention of illegal, unreported and unregulated (IUU) fishing.
2. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for commission of one of the following violations:
a) Importing fishery products against the import
license (if required);
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3. A fine ranging from VND 50.000.000 to VND
60.000.000 shall be imposed for illegal import of aquatic species that are not
included in the List of aquatic species licensed for sale in Vietnam, if not
liable to criminal prosecution.
4. The following fines shall be imposed for mixing
raw materials of domestic catches with those processed from catches imported to
Vietnam for export to markets where catch certificate or statement is required:
a) A fine ranging from VND 30.000.000 to VND
50.000.000 shall be imposed for the violation involving a quantity of mixed raw
materials of less than 100 kg;
b) A fine ranging from VND 50.000.000 to VND
100.000.000 shall be imposed for the violation involving a quantity of mixed
raw materials of from 100 kg to under 500 kg;
c) A fine ranging from VND 100.000.000 to VND
150.000.000 shall be imposed for the violation involving a quantity of mixed
raw materials of from 500 kg to under 1.000 kg;
d) A fine ranging from VND 150.000.000 to VND
200.000.000 shall be imposed for the violation involving a quantity of mixed
raw materials of from 1.000 kg to under 2.000 kg;
dd) A fine ranging from VND 200.000.000 to VND
300.000.000 shall be imposed for the violation involving a quantity of mixed
raw materials of 2.000 kg, or more.
5. The following fines shall be imposed for import,
temporary import, re-export or transit of fishery products originating from IUU
fishing against regulations of competent coastal countries or regional
fisheries management organizations:
a) A fine ranging from VND 50.000.000 to VND
100.000.000 shall be imposed for the violation involving a shipment of less
than 100 kg;
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c) A fine ranging from VND 300.000.000 to VND
500.000.000 shall be imposed for the violation involving a shipment of from 500
kg to under 1.000 kg;
d) A fine ranging from VND 500.000.000 to VND
800.000.000 shall be imposed for the violation involving a shipment of from
1.000 kg to under 2.000 kg;
dd) A fine ranging from VND 800.000.000 to VND
1.000.000.000 shall be imposed for the violation involving a shipment of 2.000
kg, or more.
6. The following fines shall be imposed for illegal
export of aquatic species included in the List of aquatic species subject to
conditional export without satisfying exporting conditions as prescribed, if
not liable to criminal prosecution:
a) A fine ranging from VND 50.000.000 to VND
100.000.000 shall be imposed for the violation involving a shipment of less
than 100 kg;
b) A fine ranging from VND 100.000.000 to VND
300.000.000 shall be imposed for the violation involving a shipment of from 100
kg to under 500 kg;
c) A fine ranging from VND 300.000.000 to VND
500.000.000 shall be imposed for the violation involving a shipment of from 500
kg to under 1.000 kg;
d) A fine ranging from VND 500.000.000 to VND
800.000.000 shall be imposed for the violation involving a shipment of from
1.000 kg to under 2.000 kg;
dd) A fine ranging from VND 800.000.000 to VND 1.000.000.000
shall be imposed for the violation involving a shipment of 2.000 kg, or more.
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a) Shipments shall be confiscated in case of
commission of any of the violations in Point a Clause 2, Clauses 3, 4, 5 and 6
of this Article;
b) Export of fishery products to markets where
catch certificate or statement is required shall be suspended for a fixed
period of 06 - 12 months in case of commission of any of the violations in
Clause 1 and Point b Clause 2 of this Article.
8. Remedial measures:
Foreign fishing vessels (except container ships)
that carry fishery products of IUU fishing for import, temporary import into or
transit through Vietnam are compelled to leave the territory of Vietnam in case
of commission of the violation in Clause 5 of this Article.
Section 8. OBSTRUCTION OF STATE MANAGEMENT OF
FISHERIES
Article 43. Acts of obstructing state management
of fisheries
1. The following fines shall be imposed for failing
to bear inspection and supervision of competent authorities:
a) A fine ranging from VND 4.000.000 to VND
6.000.000 shall be imposed for failing to bear inspection and supervision of
competent authorities, or uttering words or taking actions threatening,
offending or hurting the honor and dignity of law enforcers, or enticing or
tempting others in carrying out aquaculture, or manufacturing or trading
aquaculture feeds/aqua environmental remediation products or production and
raising of aquatic breeds;
b) A fine ranging from VND 6.000.000 to VND
8.000.000 shall be imposed for failing to bear inspection and supervision of
competent authorities, or uttering words or taking actions threatening,
offending or hurting the honor and dignity of law enforcers, or enticing or
tempting others in commercial fishing and protection of aquatic resources.
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Article 44. Violations against regulations on
certifications, licenses and written approvals and other regulations on
fisheries
1. A fine ranging from VND 20.000.000 to VND
30.000.000 shall be imposed for knowingly erasing, altering or falsifying
contents of any certifications, licenses or written approvals issued in
fisheries sector.
2. A fine ranging from VND 40.000.000 to VND
50.000.000 shall be imposed for commission of one of the following violations:
a) Taking advantage of investigation and assessment
of aquatic resources to cause adverse influence on lawful rights and interests
of other organizations or individuals;
b) Providing, accessing and using information/data
on aquatic resources against regulations;
3. Remedial measures:
Enforced return of certifications, confirmations,
licenses, written approvals or certificates which have been erased, falsified
or altered in case of commission of the violation in Clause 1 of this Article.
Chapter III
POWER TO RECORD ADMINISTRATIVE VIOLATIONS AND IMPOSE
PENALTIES
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The persons below are entitled to make records of
administrative violations:
1. The persons having the power to impose administrative penalties mentioned in
Articles 46 through 54 of this Decree.
2. Officials and public employees of people’s army
or people’s police working at regulatory authorities mentioned in Article 47,
Article 48 and Article 49 hereof; officials and public employees of authorities
performing fisheries state management tasks.
Article 46. Power of Chairpersons of people’s
committees
1. Chairpersons of commune-level People’s
Committees shall have the power to:
a) Impose a fine up to VND 5.000.000;
b) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violation but are worth less
than an amount which is twice as much as the fine specified in Point a of this
Clause;
c) Enforce the remedial measures specified in
Points a, b, c and dd Clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 of this Decree.
2. Chairpersons of District-level People’s
Committees shall have the power to:
a) Impose a fine up to VND 100.000.000;
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c) Confiscate the exhibits and instrumentalities
for committing administrative violations;
d) Enforce the remedial measures mentioned in
Points a, b, dd, e and g Clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 of this Decree.
3. Chairpersons of Provincial People’s Committees
shall have the power to:
a) Impose a fine up to VND 1.000.000.000;
b) Suspend practicing certificates/licenses or
suspend operations for a fixed period;
c) Confiscate the exhibits and instrumentalities
for committing administrative violations;
d) Enforce the remedial measures mentioned in
Clause 1 Article 28 of the Law on penalties for administrative violations and
those mentioned in Clause 3 Article 4 herein.
Article 47. Power of people’s police forces
1. On-duty soldiers of people’s police forces shall
have the power to:
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2. Heads of company-level Mobile Police Units,
heads of police stations, and team leaders in charge of managing the soldiers
mentioned in Clause 1 of this Article shall have the power to:
Impose a fine up to VND 1.500.000.
3. Commune-level Police Chiefs, Heads of Police
Posts, Heads of Police Stations at border gates, export processing zones, Heads
of International Airport Police Offices, Majors of Mobile Police Battalions,
and Captains of Squadrons shall have the power to:
a) Impose a fine up to VND 2.500.000;
b) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violation but are worth less
than an amount which is twice as much as the fine specified in Point a of this
Clause;
c) Enforce the remedial measures specified in
Points a, c and dd Clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 of this Decree.
4. Heads of district-level police agencies, heads
of professional divisions of the following authorities, including the Internal
Political Security Department, the Police Department for Administration of
Social Order, the Traffic Police Department, the Department of Fire Prevention,
Fighting and Rescue, the Department of Cybersecurity, Hi-Tech Crime Prevention and
Control, and the Immigration Department, and heads of provincial-level police
departments, including: Internal Political Security Divisions; Police Divisions
for Social Order Administration; Police Departments for Social Order Crimes;
Investigation Police Divisions for Corruption, Economic and Smuggling Crimes;
Investigation Police Divisions for Drug Crimes; Traffic Police Divisions; Road
and Railway Traffic Police Divisions; Road Traffic Police Divisions; Waterway
Police Divisions; Mobile Police Divisions; Criminal Judgment Execution and
Judicial Assistance Divisions; Police Divisions for Prevention and Control of
Environmental Crimes; Firefighting, Prevention and Rescue Police Divisions;
Cybersecurity, Hi-Tech Crime Prevention and Control Divisions; Immigration
Divisions; Economic Security Divisions; and External Security Divisions;
Colonels of Mobile Police Regiments; and Captains of Squadrons, shall have the
power to:
a) Impose a fine up to VND 25.000.000;
b) Suspend practicing certificates/licenses or
suspend operations for a fixed period;
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d) Enforce the remedial measures mentioned in
Points a, c and dd Clause 1 Article 28 of the Law on penalties for administrative
violations and in Clause 3 Article 4 hereof.
5. Directors of Provincial-level Police Departments
shall have the power to:
a) Impose a fine up to VND 100.000.000;
b) Suspend practicing certificates/licenses or
suspend operations for a fixed period;
c) Confiscate the exhibits and instrumentalities
for committing administrative violations;
d) Enforce the remedial measures mentioned in
Points a, c and dd Clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 hereof.
6. Directors of Internal Political Security
Department, Economic Security Department, Police Department for Administrative
Management of Social Order, Investigation Police Department for Social Order
Crimes, Police Department for Investigation into Corruption, Economic and
Smuggling Crimes, Investigation Police Department for Investigation into Drug
Crimes, Traffic Police Department, Firefighting, Prevention and Rescue Police
Department, the Police Department for Prevention and Control of Environmental
Crimes, the Cybersecurity, Hi-tech Crimes Prevention and Control Department,
the Internal Security Department, the Police Department for Management of
Retention and Execution of Criminal Judgements at Community, and Commander of
the Mobile Police shall have the power to:
a) Impose a fine up to VND 1.000.000.000;
b) Suspend practicing certificates/licenses or
suspend operations for a fixed period;
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d) Enforce the remedial measures mentioned in
Points a, c and dd Clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 hereof.
Article 48. Power of border guard forces
1. On-duty soldiers of border guard forces shall
have the power to:
Impose a fine up to VND 500.000.
2. Heads of border guard stations and team leaders
in charge of managing the soldiers mentioned in Clause 1 of this Article shall
have the power to:
Impose a fine up to VND 2.500.000.
3. Leaders of Task Force Teams for drug and crime
prevention and control which are put under the control of Task Force
Commissions for drug and crime prevention and control shall have the power to:
a) Impose a fine up to VND 10.000.000;
b) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violation but are worth less
than an amount which is twice as much as the fine specified in Point a of this
Clause;
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4. Heads of border-guard posts, commanders of
border-guard flotillas and commanders of port border guards shall have the
power to:
a) Impose a fine up to VND 25.000.000;
b) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violation but are worth less
than an amount which is twice as much as the fine specified in Point a of this
Clause;
c) Enforce the remedial measures specified in
Points a, d and dd Clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 of this Decree.
5. Leaders of Task Force Teams for drug and crime
prevention and control affiliated to the Department of Drug and Crime
Prevention and Control under the control of the Command of Border Guards shall
have the power to:
a) Impose a fine up to VND 100.000.000;
b) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violation but are worth less
than an amount which is twice as much as the fine specified in Point a of this
Clause;
c) Enforce the remedial measures specified in
Points a, d and dd Clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 of this Decree.
6. Commanders of Provincial-level Border Guard
Forces, Captains of Naval Border Guard Squadrons, and Director of the
Department of Drug and Crime Prevention and Control affiliated to the Command
of Border Guards shall have the power to:
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b) Suspend practicing certificates/licenses or
suspend operations for a fixed period;
c) Confiscate the exhibits and instrumentalities
for committing administrative violations;
d) Enforce the remedial measures specified in
Points a, d and dd Clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 of this Decree.
Article 49. Power of coast guard forces
1. On-duty coast guard officers shall have the
power to:
Impose a fine up to VND 1.500.000.
2. Coastguard team leaders shall have the power to:
Impose a fine up to VND 5.000.000.
3. Coastguard squad leaders and captains of
coastguard stations shall have the power to:
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b) Enforce the remedial measures specified in
Points a, c and dd Clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 of this Decree.
4. Commanders of coastguard platoons shall have the
power to:
a) Impose a fine up to VND 25.000.000;
b) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violation but are worth less
than an amount which is twice as much as the fine specified in Point a of this
Clause;
c) Enforce the remedial measures specified in
Points a, c, d and dd Clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 of this Decree.
5. Captains of Naval Border Guard 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 have the power to:
a) Impose a fine up to VND 50.000.000;
b) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violation but are worth less
than an amount which is twice as much as the fine specified in Point a of this
Clause;
c) Enforce the remedial measures specified in
Points a, d and dd Clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 of this Decree.
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a) Impose a fine up to VND 100.000.000;
b) Suspend practicing certificates/licenses or
suspend operations for a fixed period;
c) Confiscate the exhibits and instrumentalities
for committing administrative violations;
d) Enforce the remedial measures specified in
Points a, d and dd Clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 of this Decree.
7. The Commander of Vietnam Coast Guard shall have
the power to:
a) Impose a fine up to VND 1.000.000.000;
b) Suspend practicing certificates/licenses or
suspend operations for a fixed period;
c) Confiscate the exhibits and instrumentalities
for committing administrative violations;
d) Enforce the remedial measures specified in
Points a, b, d and dd Clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 of this Decree.
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1. Customs officials on duty shall have the power to:
Impose a fine up to VND 500.000.
2. Team Leaders; Group Leaders of Customs
Sub-departments; Leaders of Groups in Control Teams affiliated to provincial,
inter-provincial or municipal Customs Departments; Leaders of Teams in
Post-clearance Inspection Sub-departments, shall have the power to:
Impose a fine up to VND 5.000.000.
3. Directors of Customs Sub-departments; Directors
of Post-clearance Inspection Sub-departments; Leaders of Control Teams of
provincial, inter-provincial or municipal Customs Departments; Leaders of
Criminal Investigation Teams; Leaders of Smuggling Control Teams; Captains of
Maritime Control Flotillas and Leaders of Anti-smuggling, Counterfeit Product
Control and Intellectual Property Teams affiliated to the Smuggling
Investigation and Prevention Department; Directors of Post-clearance Inspection
Sub-departments affiliated to the Post-clearance Inspection Department shall
have the power to:
a) Impose a fine up to VND 25.000.000;
b) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violation but are worth less
than an amount which is twice as much as the fine specified in Point a of this
Clause;
c) Enforce the remedial measures specified in
Points d, dd and g Clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 of this Decree.
4. Directors of Anti-smuggling and Investigation
Department; Post-clearance Audit Department affiliated to General Department of
Customs; Directors of Customs Departments of provinces shall have the power to:
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b) Suspend practicing certificates/licenses or
suspend operations for a fixed period;
c) Confiscate the exhibits and instrumentalities
for committing administrative violations;
d) Enforce the remedial measures specified in
Points d, dd and g Clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 of this Decree.
5. Director General of General Department of
Customs shall have the power to:
a) Impose a fine up to VND 1.000.000.000;
b) Suspend practicing certificates/licenses or
suspend operations for a fixed period;
c) Confiscate the exhibits and instrumentalities
for committing administrative violations;
d) Enforce the remedial measures specified in
Points d, dd and g Clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 of this Decree.
Article 51. Power of market surveillance forces
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Impose a fine up to VND 500.000.
2. Leaders of Market Surveillance Teams and Heads
of Professional Divisions under the control of the Departments of Market
Surveillance Operations shall have the power to:
a) Impose a fine up to VND 25.000.000;
b) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violation but are worth less
than an amount which is twice as much as the fine specified in Point a of this
Clause;
c) Enforce the remedial measures specified in
Points a, dd, e and g Clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 of this Decree.
3. Directors of Provincial-level Market
Surveillance Departments and Directors of Market Surveillance Operations
Departments affiliated to Vietnam Directorate of Market Surveillance shall have
the power to:
a) Impose a fine up to VND 50.000.000;
b) Confiscate the exhibits and instrumentalities
for committing administrative violations;
c) Suspend licenses/practicing certificates or
operations for a fixed period;
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4. The Director General of Vietnam Directorate of
Market Surveillance shall have the power to:
a) Impose a fine up to VND 1.000.000.000;
b) Confiscate the exhibits and instrumentalities
for committing administrative violations;
c) Suspend licenses/practicing certificates or
operations for a fixed period;
d) Enforce the remedial measures specified in
Points a, d, dd, e and g Clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 of this Decree.
Article 52. Power of inspecting authorities
1. During the performance of their duties,
agriculture and rural development inspectors and the officers assigned to
conduct specialized inspections shall have the power to:
a) Impose a fine up to VND 500.000;
b) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violation but are worth less
than an amount which is twice as much as the fine specified in Point a of this
Clause;
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2. Chief inspectors of Provincial Departments of
Agriculture and Rural Development; heads of specialized inspection teams of
Department of Fisheries; Director of Quality, Processing and Market Development
Department, and heads of specialized inspection teams of Provincial Departments
of Agriculture and Rural Development shall have the power to:
a) Impose a fine up to VND 50.000.000;
b) Suspend practicing certificates/licenses or
suspend operations for a fixed period;
c) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violation but are worth less
than an amount which is twice as much as the fine specified in Point a of this
Clause;
d) Enforce the remedial measures mentioned in
Clause 1 Article 28 of the Law on penalties for administrative violations and
those mentioned in Clause 3 Article 4 herein.
3. Heads of specialized inspection teams in
fisheries sector established by the Ministry of Agriculture and Rural
Development shall have the power to:
a) Impose a fine up to VND 250.000.000;
b) Suspend practicing certificates/licenses or
suspend operations for a fixed period;
c) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violation but are worth less
than an amount which is twice as much as the fine specified in Point a of this
Clause;
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4. Chief Inspector of the Ministry of Agriculture
and Rural Development; Director of Department of Fisheries; Director of
Department of Animal Health; Director of Quality, Processing and Market
Development Department shall have the power to:
a) Impose a fine up to VND 1.000.000.000;
b) Suspend practicing certificates/licenses or
suspend operations for a fixed period;
c) Confiscate the exhibits and instrumentalities
for committing administrative violations;
d) Enforce the remedial measures mentioned in
Points a, b, d, dd, e and g Clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 of this Decree.
Article 53. Power of fisheries surveillance
forces
1. Fisheries surveillance officials on duty shall
have the power to:
a) Impose a fine up to VND 2.000.000;
b) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violation but are worth less
than an amount which is twice as much as the fine specified in Point a of this
Clause.
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a) Impose a fine up to VND 10.000.000;
b) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violation but are worth less
than an amount which is twice as much as the fine specified in Point a of this
Clause;
c) Enforce the remedial measures specified in
Points a and b Clause 1 Article 28 of the Law on penalties for administrative
violations and in Clause 3 Article 4 of this Decree.
3. Directors of regional fisheries surveillance
sub-departments shall have the power to:
a) Impose a fine up to VND 100.000.000;
b) Confiscate the exhibits and instrumentalities
for committing administrative violations;
c) Enforce the remedial measures specified in
Points a, b and d Clause 1 Article 28 of the Law on penalties for administrative
violations and in Clause 3 Article 4 of this Decree.
4. Director of Department of fisheries resource
surveillance shall have the power to:
a) Impose a fine up to VND 1.000.000.000;
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c) Confiscate the exhibits and instrumentalities
for committing administrative violations;
d) Enforce the remedial measures specified in
Points a, b and d Clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 of this Decree.
Article 54. Power of forest protection forces
1. Forest protection officers on duty shall have
the power to:
Impose a fine up to VND 500.000.
2. Heads of forest protection stations shall have
the power to:
a) Impose a fine up to VND 10.000.000;
b) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violation but are worth less
than an amount which is twice as much as the fine specified in Point a of this
Clause.
3. Heads of district-level forest protection
offices; heads of mobile ranger and forest fire prevention and fighting teams
shall have the power to:
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b) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violation but are worth less
than an amount which is twice as much as the fine specified in Point a of this
Clause;
c) Enforce the remedial measures specified in
Points a and dd Clause 1 Article 28 of the Law on penalties for administrative
violations and in Clause 3 Article 4 of this Decree.
4. Directors of Forest Protection Sub-departments,
Directors of Regional Forest Protection Sub-Departments, and Leaders of Task
Force Teams for Forest Protection affiliated to the Forest Protection
Department shall have the power to:
a) Impose a fine up to VND 50.000.000;
b) Confiscate the exhibits and instrumentalities
which have been used for committing administrative violation but are worth less
than an amount which is twice as much as the fine specified in Point a of this
Clause;
c) Suspend licenses/practicing certificates or
operations for a fixed period;
d) Enforce the remedial measures specified in
Points a, b and dd Clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 of this Decree.
5. Director of the Forest Protection Department
shall have the power to:
a) Impose fines up to the maximum fine for
violations in forestry sector specified in Article 24 of the Law on penalties
for administrative violations;
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c) Suspend licenses/practicing certificates or
operations for a fixed period;
d) Enforce the remedial measures specified in
Points a, b and dd Clause 1 Article 28 of the Law on penalties for
administrative violations and in Clause 3 Article 4 of this Decree.
Article 55. Determination of power to impose
penalties
1. Director of Department of Fisheries, and
Chairpersons of Provincial People’s Committees shall have the power to impose
penalties for the administrative violations prescribed in Chapter II of this
Decree.
2. Chairpersons of commune-level people’s
committees; Chairpersons of district-level people’s committees shall have the
power to impose penalties for the administrative violations prescribed in
Points a and b Clauses 1 Article 6; Article 7; Clause 1, Points a, b, c, d, dd,
e, g, h and i Clause 2 and Points a, b, c, d, dd, e, g and h and Clause 3
Article 8; Clause 1, Clause 2 Article 9; Article 10; Article 11; Article 13;
Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Clauses
1, 2, 3, 4, 5 and Clause 6 Article 21; Article 22; Article 23; Clause 1, Clause
2 and Point a Clause 3 Article 24; Article 25; Clause 1 Article 26; Article 27;
Article 28; Article 29; Article 30; Clause 1, Clause 2 and Points a, b Clause 3
Article 31; Article 32; Article 33; Article 34; Clauses 1, 2, 3 and 5 Article
35; Article 36; Article 37; Article 38; Article 39; Article 40; Article 41; Clause
1, Clause 2, Points a Clauses 3 and Point a Clauses 4 Article 42; Article 43
and Article 44 under their authority prescribed in Clauses 1 and 2 Article 46
of this Decree and within the ambit of their assigned functions and tasks.
3. People’s police forces shall have the power to
impose penalties for the administrative violations prescribed in Article 6;
Article 7; Article 8; Article 9; Article 11; Article 12; Article 13; Article
14; Article 15; Article 18; Article 19; Article 21; Article 23; Article 24; Article
25; Article 26; Article 27; Article 28; Article 29; Article 33; Article 35;
Article 36; Article 37; Article 38; Article 39; Article 40; Article 41; Article
42; Article 43 and Article 44 under their authority prescribed in Article 47 of
this Decree and within the ambit of their assigned functions and tasks.
4. Border guard forces shall have the power to
impose penalties for the administrative violations prescribed in Article 6;
Article 7; Article 8; Article 9; Article 11; Clause 3 Article 13; Clause 1
Article 14; Article 18; Article 20; Article 21; Article 23; Article 24; Article
25; Article 26; Article 27; Article 28; Article 29; Article 30; Article 32;
Article 33; Article 35; Article 36; Article 37; Article 38; Article 39; Article
40; Article 41; Article 42; Clause 1 and Point b Clause 2 Article 43 and
Article 44 under their authority prescribed in Article 48 of this Decree and
within the ambit of their assigned functions and tasks.
5. Coast guard forces shall have the power to
impose penalties for the administrative violations prescribed in Article 6;
Article 7; Article 8; Article 9; Article 20; Article 21; Article 23; Article
24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30;
Article 33; Article 35; Article 36; Article 37; Article 38; Article 41; Article
42; Article 43 and Article 44 under their authority prescribed in Article 49 of
this Decree and within the ambit of their assigned functions and tasks.
6. Customs authorities shall have the power to
impose penalties for the administrative violations prescribed in Article 11;
Clause 3 and Point b Clause 4 Article 15; Article 18; Article 32; Article 42
and Clause 1 Article 44 under their authority prescribed in Article 50 of this
Decree and within the ambit of their assigned functions and tasks.
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8. Power to impose administrative penalties of inspectors
and authorities assigned to carry out specialized inspections in fisheries:
a) Inspectors of agriculture and rural development
sector and persons who are assigned to conduct specialized inspections in
fisheries shall have the power to impose penalties for the administrative
violations prescribed in Clause 1 Article 38 under their authority prescribed
in Clause 1 Article 52 of this Decree and within the ambit of their assigned
functions and tasks;
b) Chief inspectors of Provincial Departments of
Agriculture and Rural Development; heads of specialized inspection teams of
Provincial Departments of Agriculture and Rural Development; heads of
specialized inspection teams of Department of Fisheries shall have the power to
impose penalties for the administrative violations prescribed in Point a Clause
1 Article 6; Clause 1, Clause 2, Points a, b and c Clause 3 and Clause 4
Article 7; Clause 1, Points a, b, c and d Clause 2 and Points a, b and c Clause
3 Article 8; Article 10; Article 11; Article 12; Article 13; Article 14;
Article 15; Article 16; Article 17; Article 18; Article 19; Clauses 1, 2, 3, 4,
5 and Points a, b, c Clause 6 Article 21; Article 22; Clauses 1, 2 and 3
Article 23; Point a Clause 1 Article 24; Article 25; Article 27; Article 28;
Clause 1 and 2 Article 29; Article 30; Clause 1, Clause 2, Point a Clause 4
Article 31; Article 33; Article 34; Clauses 1, 2, 3 and 4 Article 35; Article
36; Article 37; Article 38; Article 39; Article 40; Points a, b, c, d and dd
Clause 1, Points a, b Clause 2 and Clause 3 Article 41; Clause 1 and Clause 2
Article 42; Article 43 and Article 44 under their authority prescribed in
Clause 2 Article 52 of this Decree and within the ambit of their assigned
functions and tasks;
c) Heads of specialized inspection teams in
fisheries of the Ministry of Agriculture and Rural Development of Vietnam shall
have the power to impose penalties for the administrative violations prescribed
in Article 6; Article 7; Article 8; Article 9; Article 10; Article 11; Article
12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18;
Article 19; Article 21; Article 22; Article 23; Article 24; Article 25; Clause
1 and Clause 2 Article 26; Article 27; Article 28; Article 29; Article 30;
Article 31; Article 32; Article 33; Article 34; Clauses 1, 2, 3, 4 and 5
Article 35; Article 36; Article 37; Article 38; Article 39; Article 40; Article
41; Clauses 1, 2, 3, Point a Clause 4 and Point a Clause 5 Article 42; Article
43 and Article 44 under their authority prescribed in Clause 3 Article 52 of
this Decree and within the ambit of their assigned functions and tasks;
d) Chief Inspection of the Ministry of Agriculture
and Rural Development of Vietnam shall have the power to impose penalties for
the administrative violations prescribed in Article 6; Article 7; Article 8;
Article 9; Article 10; Article 11; Article 12; Article 13; Article 14; Article
15; Article 16; Article 17; Article 18; Article 19; Points a, c and g Clause 3
Article 20; Article 21; Article 22; Article 23; Article 24; Article 25; Article
26; Article 27; Article 28; Article 29; Article 30; Article 31; Article 32;
Article 33; Article 34; Article 35; Article 36; Article 37; Article 38; Article
39; Article 40; Article 41; Article 42; Article 43 and Article 44 under their
authority prescribed in Clause 4 Article 52 of this Decree and within the ambit
of their assigned functions and tasks;
dd) Director of Quality, Processing and Market
Development Department shall have the power to impose penalties for the
administrative violations prescribed in Article 41; Article 42; Clause 2
Article 43 and Clause 1 Article 44 under his/her authority prescribed in Clause
4 Article 52 of this Decree and within the ambit of their assigned functions
and tasks.
e) Director of Department of Animal Health shall
have the power to impose penalties for the administrative violations prescribed
in Article 42; Clause 2 Article 43 and Clause 1 Article 44 under his/her
authority prescribed in Clause 4 Article 52 of this Decree and within the ambit
of their assigned functions and tasks.
9. Fisheries surveillance forces shall have the
power to impose penalties for the administrative violations prescribed in
Article 6; Article 7; Article 8; Article 9; Article 20; Article 21; Article 23;
Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article
30; Article 33; Article 35; Article 36; Article 37; Article 38; Article 39;
Article 40; Article 41; Article 42; Article 43 and Article 44 under their authority
prescribed in Article 53 of this Decree and within the ambit of their assigned
functions and tasks.
10. Forest protection forces shall have the power
to impose penalties for the administrative violations prescribed in Article 6;
Article 7; Article 8; Article 9; Article 23 and Article 43 under their
authority prescribed in Article 54 of this Decree and within the ambit of their
assigned functions and tasks.
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1. In cases where only fine is imposed for an
administrative violation against regulations on fisheries, the person who has
the power to impose penalties is entitled to impound one of the following
documents in the following order: captain’s or chief engineer’s license or
certificate, or license to operate vessels or other necessary documents
concerning the exhibits and instrumentalities until the violating entity has
completely implemented the penalty imposition decision. If the abovementioned
documents are not available, the exhibits and instrumentalities of the
administrative violation will be impounded.
In case the additional penalty which is
confiscation of exhibits and instrumentalities of the violation is imposed for
an administrative violation prescribed in this Decree, the person who has the
power to impose penalties is entitled to request the violating entity to
operate their vessel to shore or to the office of his/her working authority for
handling or to impound the exhibits and instrumentalities of the violation
within his/her jurisdiction.
2. Authority and procedures for implementing
preventive measures and enforcing penalties for administrative violations in
fisheries sector shall comply with provisions of the Law on penalties for
administrative violations.
Article 57. Imposition of remedial measures
1. Implementation of the remedial measure that is
enforced destruction of aquaculture feeds, aqua environmental remediation
products; banned substances or chemicals, toxic substances, poisonous plants
and/or other chemicals and the fish caught or recall of aquaculture feeds and
aqua environmental remediation products shall be subject to the following
provisions:
a) Within 30 days from the receipt of the penalty
imposition decision or decision to separately impose remedial measures as
prescribed in Article 65 of the Law on penalties for administrative violations,
the violating entity shall carry out the destruction or recall of violating
products which are being sold on the market;
b) Within 05 working days upon completion of the
destruction or recall of violating products which are being sold on the market,
the violating entity shall send a written report on their completion of
remedial measure to the authority of the person that issued the penalty imposition
decision or decision to separately impose remedial measures;
c) Within 03 working days from the receipt of the
report on completion of remedial measure, the person that issued the penalty
imposition decision or decision to separately impose remedial measures shall
consider issuing a written certification that the violating entity has
successfully completed the remedial measure, or a written refusal to give this
certification in which reasons for such refusal must be indicated.
2. Implementation of the remedial measure that is
enforced capture and destruction of live aquatic species released or escaped
into natural environment, or products of illegal breeding of live aquatic
species shall be subject to the following provisions:
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b) Within 05 working days upon completion of the
capture or destruction, the violating entity shall send a written report on
their completion of remedial measure to the authority of the person that issued
the penalty imposition decision or decision to separately impose remedial
measures;
c) Within 03 working days from the receipt of the
report on completion of remedial measure, the person that issued the penalty
imposition decision or decision to separately impose remedial measures shall
consider issuing a written certification that the violating entity has
successfully completed the remedial measure, or a written refusal to give this
certification in which reasons for such refusal must be indicated.
3. Implementation of the remedial measure that is
enforced breaking up or repurposing of fishing vessels shall be subject to the
following provisions:
a) Within 30 days from the receipt of the penalty
imposition decision or decision to separately impose remedial measures, the
violating entity shall carry out the breaking up of their fishing vessel;
b) In case of repurposing of the fishing vessel,
within 60 days from the receipt of the penalty imposition decision or decision
to separately impose remedial measures, the violating entity shall be
responsible for repurposing their fishing vessel. Such repurposing must be
completed within 180 days from the day on which such repurposing starts;
c) Within 05 working days upon completion of the
breaking up or repurposing of the fishing vessel, the violating entity shall
send a written report on their completion of remedial measure to the authority
of the person that issued the penalty imposition decision or decision to
separately impose remedial measures;
d) Within 03 working days from the receipt of the
report on completion of remedial measure, the person that issued the penalty
imposition decision or decision to separately impose remedial measures shall
consider issuing a written certification that the violating entity has
successfully completed the remedial measure, or a written refusal to give this
certification in which reasons for such refusal must be indicated.
4. Documents on the implementation of remedial
measures by the violating entity shall be kept together with the penalty
imposition dossier in accordance with regulations of law on archives.
Article 58. Technical and professional
facilities and equipment for detecting violations
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2. Management, use and list of technical and
professional facilities and equipment used for detecting violations shall
comply with the Government's regulations on list, management and use of
technical and professional facilities and equipment, and collection and use of
data obtained from technical and professional facilities and equipment provided
by organizations and individuals for detecting administrative violations.
Chapter IV
IMPLEMENTATION
Article 59. Effect
1. This Decree comes into force from May 20, 2024.
2. This Decree supersedes the Government’s Decree
No. 42/2019/ND-CP dated May 16, 2019 on penalties for administrative violations
against regulations on fisheries.
Article 60. Amendments to Government’s Decree
No. 135/2021/ND-CP dated December 31, 2021 prescribing list, management and use
of technical and professional facilities and equipment, and procedures for
collection and use of data obtained from technical and professional facilities
and equipment provided by organizations and individuals for detecting
administrative violations
1. Some words and phrases
are added to Articles as follows:
a) The phrase “khai thác thủy sản, bảo vệ nguồn lợi
thủy sản và nuôi trồng thủy sản” (“commercial fishing, protection of aquatic
resources and aquaculture”) is added following the word “bia” (“beer”) in
Clause 1 Article 1;
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2. Point k is added
following Point i Clause 1 Article 6 as follows:
“k) List X: Technical and professional
facilities and equipment used for detecting administrative violations in
commercial fishing, protection of aquatic resources and aquaculture”.
3. Point m is added
following Point l Clause 2 Article 9 as follows:
“m) Inspectors in fisheries sector and authorities
assigned to perform specialized inspections in fisheries sector".
4. Point i Clause 2
Article 12 is amended as follows:
“i) Chief inspectors of Provincial
Departments of Agriculture and Rural Development; Directors of Forest
Protection Sub-departments, Directors of Regional Forest Protection
Sub-Departments; Directors of Provincial Departments of Agriculture and Rural
Development; Directors General of the Forest Protection Department, Fisheries
Surveillance Department, Department of Forestry, and Department of Fisheries;
Chief Inspector of the Ministry of Agriculture and Rural Development of
Vietnam”.
5. Clause 9 is added
following Clause 8 Article 18 as follows:
“9. The following authorities and units shall
receive and collect data on administrative violations in fisheries sector:
a) Inspectors in fisheries sector and authorities
assigned to perform specialized inspections in fisheries sector;
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c) Border guard forces and coast guard forces”.
6. List X is added
following List IX in the Appendix enclosed with this Decree.
Article 61. Transition
1. This Decree shall apply to the administrative
violations in fisheries sector which have been committed before the effective
date of this Decree but are detected afterwards or are under consideration if
this Decree does not provide for any legal liability or imposes less severe
legal liability.
2. In case there is a complaint filed against a
decision on imposition of administrative penalty in fisheries sector which has
been issued or implemented before this Decree comes into force, the complaint
shall be solved in accordance with the Government’s Decree No. 42/2019/ND-CP
dated May 16, 2019.
Article 62. Responsibility for implementation
1. The Minister of Agriculture and Rural
Development of Vietnam shall organize and inspect the implementation of this
Decree.
2. Ministers, heads of ministerial agencies, heads
of Governmental agencies, and Chairpersons of People’s Committees of provinces
or central-affiliated cities are responsible for the implementation of this
Decree.
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ON BEHALF OF
THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Luu Quang
APPENDIX
(Enclosed with
the Government's Decree No. 38/2024/ND-CP dated April 05, 2024)
LIST X
TECHNICAL AND
PROFESSIONAL FACILITIES AND EQUIPMENT USED FOR DETECTING ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON FISHERIES
(Enclosed with
the Government's Decree No.135/2021/ND-CP dated December 31, 2021)
1. Equipment and tools used for measuring length.
2. Audio and video recording devices.
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4. Equipment used for extracting data and
information from vessel tracking unit (VTU); servers used for storing vessel
tracking data obtained from VTUs; VTUs; equipment used for determining
locations (positioning; satellite-based positioning).
5. Environmental monitoring equipment used in aquaculture.
6. Computers and tablets used for storing data and
information obtained from technical and professional facilities and equipment.