THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
42/2019/ND-CP
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Hanoi, May 16,
2019
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DECREE
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAISNT REGULATIONS ON FISHERIES
Pursuant to the Law on Government
organization dated June 19, 2015;
Pursuant to the Law on Penalties
for administrative violations dated June 20, 2012;
Pursuant to the Law on fisheries dated November 21, 2017;
At the request of the Minister of
Agriculture and Rural Development;
The Government promulgates a
Decree providing for penalties for administrative violations agaisnt
regulations on fisheries.
Chapter I
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Article 1. Scope
1. This Decree deals with
administrative violations, penalties, fines, remedial measures against each
violation, the power to impose penalties, fines imposed by authorized title
holders, and the power to record 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 Government's decrees on
penalties for administrative violations within the scope of state management.
Article 2. Regulated
entities
1. Vietnamese and foreign
organizations and individuals (hereinafter referred to as “entities”) that
commit administrative violations specified in this Decree.
2. The organizations
mentioned in Clause 1 of this Article include:
a) Economic organizations that are
duly established under the Law on enterprises, consisting of: Private
enterprises, joint-stock companies, limited liability companies, partnerships
and their affiliates (including branches and representative offices);
b) Economic organizations that are
duly established under the Law on co-operatives, consisting of: Co-operatives
and cooperative unions;
c) Organizations that are duly
established under the Law on investment, consisting of: Domestic
investors, foreign investors and foreign-invested economic organizations; representative offices and branches of foreign traders in Vietnam;
representative offices of foreign trade promotion organizations in Vietnam;
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dd) Administrative units and other
organizations as prescribed by law.
3. Household businesses that
are required to register their business as prescribed by law and business
families shall incur the same penalties as those incurred by individuals for
committing administrative violations specified in this Decree.
Article 3.
Prescriptive periods for administrative violations punishable
The prescriptive period for imposition of penalties
for fisheries offences is 01 year. The prescriptive period for imposition of
penalties for administrative violations against regulations on production,
trading, import and export of fishing vessels, aquatic breeds, aquatic feeds,
products used for remediation of aquaculture environment and protection of aquatic resources shall be 02 years.
Article 4.
Penalties and remedial measures
1. The entity that knowingly
commits any of the administrative violations in fishing industry shall be
fined.
2. The violating entity shall, subject to the nature and severity of each administrative violation, also incur one or some of additional penalties as follows:
a) Suspension of license or practicing certificate or operations
for a fixed period;
b) Confiscation of exhibits and instrumentalities of administrative violations,
including: Fishing vessels, fishing gears, electrofishing equipment, chemicals,
banned chemicals, toxins, fish and fishery products, certificates, licenses,
permits or written approvals whose contents are erased or altered.
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a) Enforced release of live aquatic animals;
b) Enforced transfer of dead aquatic animals of
endangered, rare and precious species to regulatory authorities;
c) Enforced additional farming of endangered, rare
and precious aquatic species as prescribed;
d) Enforced restoration to original conditions of
functional sub-areas of marine protected areas, habitats of aquatic animals,
marine areas, land areas, waters and facilities of fishing ports;
dd) Enforced destruction or repurposing of aquatic
breeds, aquatic species, fishery products, aquatic feeds and aqua environmental
remediation products;
e) Enforced re-export of aquatic breeds, aquatic
species, aquatic breeds and aqua environmental remediation products;
g) Enforced recycling of aquatic breeds and aqua
environmental remediation products;
h) Fishing vessel owners are compelled to cover
costs for bringing their fishermen seized by foreign regulatory authorities
into Vietnam;
i) Enforced destruction of fishing vessels which
are prohibited from development or the ones built or modified without written
approval from regulatory authorities;
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l) Enforced return of encroached areas;
m) Enforced re-export of fishing vessels.
Article 5. Fines
and power to impose fines
1. The maximum fine for a violation
against regulations on fisheries incurred by an individual
is VND 1,000,000,000.
2. The fines
prescribed in Chapter II hereof are imposed for administrative violations committed by individuals, except the administrative violations mentioned in Article 40
hereof. The fine incurred by an organization is twice as much as
that incurred by an individual for committing the same administrative
violation.
3. The fines imposed by the persons mentioned in Chapter III hereof are incurred by individuals. The fines they may
impose upon organizations are twice as much as the fines they impose upon
individuals.
Chapter II
ADMINISTRATIVE
VIOLATIONS, PENALTIES AND REMEDIAL MEASURES
Section 1. VIOLATIONS AGAINST
REGULATIONS ON AQUATIC RESOURCE PROTECTION
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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 failure to leave movement pathways of fishes when carrying
out fishing operations by using fixed fishing gears in rivers, lakes and lagoons; failure to create migration corridors or movement
pathways for aquatic species when building, modifying or demolishing building
structures or carrying out other operations affecting the movement of aquatic
animals; illegally blocking the natural movement of aquatic species;
b) A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed for destroying aquatic resources,
aquatic ecosystems, areas where fishes live in the breeding season, or areas
where juvenile fishes live; destroying the habitats of endangered, rare and
precious aquatic species or endangered, rare and precious aquatic species that
need 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;
d) A fine ranging from VND 150,000,000 to VND
200,000,000 shall be imposed for the acts of exploring/exploiting natural
resources or building/demolishing structures underwater or within subaqueous
soil that deteriorate or cause loss of aquatic resources or harm the areas
where fishes live in the breeding season or where juvenile fishes live or the
migration corridors of aquatic species.
2. Additional penalties:
Exhibits and instrumentalities
for committing the violations specified in Clause 1 of this Article shall be
confiscated.
3. Remedial measures:
The violator is compelled to restore
the original condition which is changed by any of the
violations specified in Points a, c and d Clause 1 of this Article.
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1. The following fines shall
be imposed for commercial fishing in no-take areas or areas banned from
commercial fishing for a fixed term 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 commercial fishing using fishing vessels
whose length overall is < 12 m or commercial fishing without using fishing
vessels;
b) A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commercial fishing using fishing vessels
whose length overall is from 12 m to under 15 m;
c) A fine ranging from VND 30,000,000
to VND 40,000,000 shall be imposed for the commercial fishing using fishing
vessels whose length overall is from 15 m to under 24 m;
d) A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for
the commercial fishing using fishing vessels whose length overall is ≥ 24 m.
2. The fines imposed for the
violations specified in Clause 1 of this Article and involving fishing vessels
used in trawls, light-combined fishing occupations and gears (except squid
hand-lining) shall be twice as much as the fines specified in Clause 1 of this
Article.
3. Additional penalties:
Fishing gears shall be confiscated in case of
commission of any of the violations specified in Clause 1 and Clause 2 of this
Article.
4. Remedial measures:
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b) The violator is compelled
to transfer dead aquatic animals of
endangered, rare and precious species in group I to
regulatory authorities in case of commission of any of the violations
specified in Clause 1 and Clause 2 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 comply with the
written approval or plan for catching of endangered, rare and precious aquatic
species.
2. The following fines shall
be imposed for illegal fishing of endangered, rare and precious aquatic species
in Group II if not liable to criminal prosecution:
a) A fine ranging from VND 3,000,000
to VND 5,000,000 shall be imposed for the violation involving a total
catch of < 10 kg;
b) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for
the violation involving a total catch of from 10 kg to under 20 kg;
c) 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 20 kg to under
50 kg;
d) 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 50 kg to under 100 kg;
dd) A fine ranging from VND
40,000,000 to VND 50,000,000 shall be imposed for the violation involving
a total catch of ≥ 100 kg.
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a) A fine ranging from VND 30,000,000
to VND 40,000,000 shall be imposed for the violation involving a total catch of < 10 kg;
b) 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 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 total catch 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 total catch of
from 50 kg to under 100 kg;
dd) A fine ranging from VND
70,000,000 to VND 100,000,000 shall
be imposed for the violation involving a total catch of ≥ 100 kg.
4. A fine ranging from VND
50,000,000 to VND 100,000,000 shall be imposed for failure to release the
required amount of produced aquatic breeds of endangered, rare and precious
species into natural waters within the prescribed time limit when obtaining
permission from a regulatory authority to catch endangered, rare and precious
aquatic species for the purposes of research, creation and production of
aquatic breeds.
5. Additional penalties:
The fishing license shall be suspended for 03 - 06 months in case of commission of any of the violations specified in Points d and dd Clauses 2,
Points d and dd Clause 3 of this Article.
6. Remedial measures:
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b) The violator is compelled to
transfer dead aquatic animals of endangered, rare and precious species to
regulatory authorities in case of commission of any of the violations specified
in Clause 2 and Clause 3 of this Article;
c) The violator is compelled to additionally
release endangered, rare and precious aquatic species as regulated in case of
commission of the violation specified in Clause 4 of this Article.
Article 9. Violations against
regulations on management of marine protected areas (MPAs)
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) Illegally placing buoys;
b) Carrying out investigations or scientific research
without the approval from a regulatory authority;
c) Illegally operating fishing vessels, ships or
other waterway vehicles;
d) Illegally providing tourist services and other
services;
dd) Illegally executing infrastructure works;
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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
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 zones
of MPAs:
a) Committing any of the violations specified in Points a, b, c and d Clause 1 of this Article;
b) Performing any prohibited acts in ecological
restoration 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 highly protected zones:
a) Committing the violation specified in Point a or Point b Clause 1 of this
Article;
b) Performing any prohibited acts in highly
protected zones.
5. Remedial measures:
The violator is compelled to restore
the original condition which is changed by the violation specified in Point dd Clause 1 of this Article.
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Article 10. Violations against
regulations on production, raising and testing for aquatic breeds
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) Failure to submit reports on production and
raising of aquatic breeds as prescribed;
b) Failure to submit written notification of using
parent aquatic breeds to the relevant provincial fishery authority;
c) Failure to record or keep records of production/
raising of aquatic breeds for tracing purpose.
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) Failure to comply with regulations on prescribed
time limits for use of parent aquatic breeds;
b) Failure to correctly announce testing results.
3. A fine ranging from VND
30,000,000 to VND 40,000,000 shall be imposed for production/ raising of aquatic
breeds without obtaining a Certificate of eligibility as prescribed.
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5. Remedial measures:
a) The violator is compelled to repurpose aquatic
breeds if they are qualified for the new purpose or destroy aquatic breeds/
parent aquatic breeds if the repurposing cannot be made in case of commission
of any of the violations specified in Point a Clause 2, Clause 3 and Clause 4
of this Article;
b) The violator is compelled to correct testing
results in case of commission of the violation specified in Point b Clause 2 of
this Article.
Article 11. Violations against
regulations on export of aquatic breeds
1. A fine ranging from VND
50,000,000 to VND 60,000,000 shall be imposed for failure to meet exporting
conditions when exporting aquatic breeds of species on the List of aquatic
species subject to conditional export, unless permitted by regulatory
authorities.
2. Remedial measures:
The violator is compelled to release aquatic breeds
alive into their habitats or destroy aquatic breeds if such release cannot be
made in case of commission of the violation specified in Clause 1 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
inconsistently with applicable regulations.
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The violator is compelled to destroy labels and
correct names of aquatic breeds specified in relevant documents in case of
commission of the violation specified in Clause 1 of this Article.
Section 3. VIOLATIONS AGAINST
REGULATIONS ON AQUATIC FEEDS AND AQUA ENVIRONMENTAL REMEDIATION PRODUCTS
Article 13. Violations against
regulations on provision of information about aquatic feeds and aqua
environmental remediation products
1. The following fines shall
be imposed for failure to send required information to the Ministry
of Agriculture and Rural Development before authorizing aquatic feeds
and aqua environmental remediation products for marketing:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failure to send information about less than 03
products;
b) A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for
failure to send information about from 03 products
to under 05 products;
c) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for
failure to send information about from 05 products to
under 10 products;
d) A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for
failure to send information about 10 products or
more.
2. Remedial measures:
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Article 14. Violations against
requirements to be satisfied by establishments manufacturing, trading and
importing aquatic feeds and aqua environmental remediation products
1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed
upon importing and/or trading establishments for commission of one of the
following violations:
a) Failure to display and store aquatic feeds and
aqua environmental remediation products separately from pesticides, fertilizers
and toxic chemicals;
b) Failure to use appropriate equipment and devices
for storing aquatic feeds and aqua environmental remediation products as
prescribed.
2. A fine ranging from VND
30,000,000 to VND 50,000,000 shall be imposed for manufacturing aquatic breeds
and aqua environmental remediation products without a Certificate of
eligibility as prescribed.
3. Remedial measures:
The violator is compelled to carry
out repurposing or destruction of batches of products,
whichever appropriate, in case of commission of the violation specified in
Clause 2 of this Article.
Article 15.
Violations against regulations on manufacturing, importing and trading of
aquatic feeds and aqua environmental remediation products
1. The following fines shall
be imposed for failure to record or keep records of manufacturing operations
according to manufacturing, quality control and biosafety procedures:
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b) A fine ranging from VND 5,000,000 to VND 7,000,000 shall be imposed for the
violation involving from 5 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 using raw materials of unknown origin for manufacturing of
aquatic feeds and 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 3 products;
b) A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for
the violation involving from 3 to under 5 products;
c) A fine ranging from VND 15,000,000
to VND 20,000,000 shall be imposed for the violation involving from 5 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.
3. A fine ranging from VND
40,000,000 to VND 50,000,000 shall be imposed for manufacturing or importing
aquatic feeds or aqua environmental remediation products containing ingredients
which are not on the List of chemicals, biological, microorganisms and
ingredients contained in aquatic feeds permitted for use in Vietnam.
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a) The violator is compelled to carry
out recycling or repurposing or destruction of products, whichever appropriate,
in case of commission of the violation specified in Clause 2 and the
violation involving domestically manufactured products specified in Clause 3 of
this Article;
b) The violator is compelled to carry out re-export
or destruction of imported aquatic feeds and aqua environmental remediation
products, whichever appropriate, in case of commission of the violation
specified in Clause 3 of this Article.
Article 16. Violations against
regulations on testing for aquatic feeds and aqua environmental remediation
products
1. A fine ranging from VND 30,000,000
to VND 40,000,000 shall be imposed for failure to announce correct testing results.
2. Remedial measures:
The violator is compelled to correct
testing results in case of commission of the violation specified in Clause 1 of
this Article.
Section 4.
VIOLATIONS AGAINST REGULATIONS ON AQUACULTURE
Article 17. Violations against
eligibility requirements for aquaculture
1. A fine ranging from VND
10,000,000 to VND 15,000,000 shall be imposed for failure to carry out
procedures for registration of cage culture or major cultured species.
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3. A fine ranging from VND
20,000,000 to VND 30,000,000 shall be imposed for carrying out marine
aquaculture without permission from regulatory authorities as prescribed.
4. Remedial measures:
The violator is compelled to relocate or demolish
aquaculture facilities in case of commission of the violation specified in
Clause 3 of this Article.
Article 18.
Violations against regulations on import and export of live aquatic animals and
plants
1. A fine ranging from VND
30,000,000 to VND 40,000,000 shall be imposed for importing live aquatic
animals and/or plants for foods, decoration or entertainment without permission
from a regulatory authority as prescribed.
2. A fine ranging from VND 40,000,000
to VND 50,000,000 shall be imposed for failure to meet exporting conditions
when exporting live aquatic animals and/or plants of species on the List of aquatic species subject to conditional export, unless
permitted by regulatory authorities.
3. Additional penalties:
Aquatic product shipments shall be
confiscated in case of commission of the violation specified in Clause 1 or Clause 2 of this Article.
Article 19. Violations against
regulations on rearing, breeding and artificial propagation of endangered, rare
and precious aquatic species in CITES Appendices
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2. A fine ranging from VND 2,000,000
to VND 5,000,000 shall be imposed for failure to carry out procedures
for registration of the breeding, rearing and artificial
propagation of endangered, rare and precious aquatic species in CITES
Appendices as prescribed.
3. A fine ranging from VND 5,000,000
to VND 10,000,000 shall be imposed
for breeding, rearing and artificial propagation of endangered, rare and
precious aquatic species of unknown origin.
4. Additional penalties:
Aquatic species of unknown origin
shall be confiscated in case of commission of the violation specified in
Clause 3 of this Article.
Section 5.
VIOLATIONS AGAINST REGULATIONS ON COMMERCIAL FISHING
Article 20. Serious violations
against regulations on commercial fishing
1. A fishing vessel owner
shall face a fine ranging from VND 300,000,000 to VND 500,000,000
for commission of one of the following violations:
a) Failing to obtain a fishing license or using an
expired one when carrying out fishing operations within the territorial waters
of Vietnam with fishing vessel of from 15 m to under 24 m in length overall;
b) Using a fishing vessel of ≥ 24 m in length
overall to transfer catches from a fishing vessel which is found to carry out
fishing operations without fishing license or with an expired one or to
facilitate the exploration, search for, trapping or transport of catches of
another vessel which is found to carry out illegal fishing, except force
majeure events;
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d) Failing to maintain the operation of or
knowingly disabling VTU of a fishing vessel of ≥ 24 m in length overall during
its operations at sea, except force majeure events;
dd) Failing to record fishing operations, purchase
or transshipment of catches carried out by using the fishing vessel of ≥ 24 m
in length overall;
e) Providing VTU that fails to meet technical
requirements for fishers.
2. A fishing vessel owner shall face
a fine ranging from VND 500,000,000 to VND 700,000,000 for commission of one of
the following violations:
a) Failing to obtain a fishing
license or using an expired one when carrying out fishing operations within the territorial waters of Vietnam with using a fishing vessel of from 15 m to under 24 m in length overall in
case of repeated violation;
b) Using a fishing vessel of ≥ 24 m
in length overall to transfer catches from a fishing vessel which is
found to carry out fishing operations without a fishing license or with an expired one or to facilitate the
exploration, search for, trapping or transport of catches
of another vessel which is found to carry out illegal fishing in case of
repeated violation, except force majeure events;
c) Failing to install VTU on a fishing vessel of from 15 m to under 24 m in length overall
in case of repeated violation;
d) Failing to maintain the operation
of or knowingly disabling VTU of a fishing vessel of ≥ 24
m in length overall during its operations at sea in case of repeated
violation, except force majeure events;
dd) Failing to record fishing
operations, purchase or transshipment of catches carried out by using a fishing vessel of ≥ 24 m in length overall in case of repeated
violation;
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g) Failing to keep fishing logbook or recording or
reporting fishing operations against requirements of the regional fisheries
organization when carrying out fishing operations within the waters under the
jurisdiction of the regional fisheries organization;
h) Carrying out fishing operations in excess of
total allowable catch approved by the regional fisheries organization.
3. A fishing vessel owner shall face
a fine ranging from VND 800,000,000 to VND 1,000,000,000 for commission of one of the following
violations:
a) Failing to obtain a fishing
license or using an expired one when carrying out fishing operations within the territorial waters of Vietnam with a
fishing vessel of ≥ 24 m in length overall;
b) Failing to obtain a fishing license or written
approval or using an expired one when carrying out fishing operations in waters
under the jurisdiction of another State or territory or under the jurisdiction
of the regional fisheries organization;
c) Operating a foreign fishing vessel in the
territorial waters of Vietnam without obtaining a fishing license or using an
expired one;
d) Engaging in unauthorized fishing in waters under
the jurisdiction of a regional fisheries organization by vessels without
nationality, or by those flying the flag of a State not party to that
organization;
dd) Engaging in fishing operations inconsistently
with regulations on fishing and protection of aquatic resources
in international waters beyond the jurisdiction of regional fisheries
organizations;
e) Operating fishing vessels against regulations on
management and conservation practices in international waters under the
jurisdiction of one of regional fisheries organizations to which Vietnam is a
Party;
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h) Hiding, fabricating or destroying
evidence of violations against regulations on commercial fishing and protection
of aquatic resources in case of repeated violation;
i) Carrying out fishing operations in
excess of total allowable catch approved by regional
fisheries organizations in case of repeated violation.
4. Additional penalties:
a) Fish and fishery products which are illegally
caught or transshipped shall be confiscated in case of commission of any of the
violations specified in Points a and b Clause 1, Points a, b and h Clause 2,
Points a, b, c, d, dd and i Clause 3 of this Article;
b) Fishing vessels shall be confiscated in case of
commission of any of the violations specified in Points b, c, d, dd and e
Clause 3 of this Article;
c) The captain's license or certificate of
competence to operate Vietnamese-flagged fishing vessels shall be suspended for 06 - 12 months in case of commission of any
of the violations specified in Clause 1, Clause 2 and
Clause 3 of this Article;
h) The fishing license shall be
suspended for 06 - 12 months in case of commission of any of the violations
specified in Point g Clauses 2, Points dd, e and g Clause 3 of this Article.
5. Remedial measures:
Fishing vessel owners are compelled to cover costs
for bringing their fishermen who are seized by foreign regulatory authorities
into Vietnam and relevant expenses in case of commission of the violation
specified in Point b 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
engaging in unauthorized fishing operations in coastal zones of another
province by fishing vessels of less than 12 m in length overall.
2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for
engaging in fishing operations in inshore or offshore zones by fishing vessels of less than 12 m in length overall.
3. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for
engaging in fishing operations in coastal or offshore
zones by fishing vessels of from 12 m to under 15 m in length overall.
4. A fine ranging from VND 20,000,000
to VND 30,000,000 shall be imposed for engaging in fishing operations in
coastal or inshore zones by fishing vessels of from 15 m
to under 24 m in length overall.
5. A fine ranging from VND 30,000,000
to VND 40,000,000 shall be imposed for engaging in fishing operations in
coastal or inshore zones by fishing vessels of ≥ 24 m in length overall.
6. The fines imposed for the
violations specified in Clauses 3, 4 and 5 of this Article
and involving fishing vessels used in trawls, light-combined fishing
occupations and gears (except squid hand-lining) in coastal zones shall be twice as much as the fines specified in Clauses 3, 4
and 5 of this Article.
7. Additional penalties:
a) The fishing license shall
be suspended for 06 - 12 months in case of commission of the violation specified in Clause 6 of this
Article;
b) The captain's license or
certificate of competence to operate fishing vessels shall be suspended for 01
- 06 months in case of commission of any of the violations specified in Clauses
3, 4, 5 and 6 of this Article.
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1. A fine ranging from VND
20,000,000 to VND 30,000,000 shall be imposed upon the holder of fishing
license if total catch exceeds his/her quota limit by 10% to under 20%.
2. A fine ranging from VND 30,000,000
to VND 40,000,000 shall be imposed upon the holder of fishing license if total
catch exceeds his/her quota limit by 20% to under 30%.
3. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed upon
the holder of fishing license if total catch exceeds his/her quota limit by 30% or more.
4. Additional penalties:
a) The exceeding amount of catches shall be
confiscated in case of commission of the violation specified in Clause 1,
Clause 2 or Clause 3 of this Article.
b) The fishing license shall be
suspended for 06 - 12 months in case of commission of the violation specified
in Clause 3 of this Article.
Article 23.
Violations against regulations on fishing license
1. 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 carrying out fishing operations within the territorial waters of Vietnam by a
fishing vessel of from 06 m to under 12 m in length overall;
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2. 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) Failing to obtain a fishing
license or using an expired one when carrying out fishing operations within the
territorial waters of Vietnam by a fishing vessel of from 12 m to under 15 m in
length overall;
b) Using a fishing vessel of ≥
15 m in length overall for engaging in a fishing
occupation other than the one specified in the fishing license.
3. A fine ranging from VND 50,000,000
to VND 70,000,000 shall be imposed for repeating one of
the following violations:
a) Failing to obtain a fishing
license or using an expired one when carrying out fishing operations within the
territorial waters of Vietnam with using a fishing vessel of from 12 m to under
15 m in length overall in case of repeated violation;
b) Using a fishing vessel of ≥ 15 m
in length overall for engaging in a fishing occupation
other than the one specified in the fishing license in case of repeated
violation.
4. Additional penalties:
a) Catches shall be confiscated in
case of commission of any of the violations specified in Clause 1,
Clause 2 and Clause 3 of this Article;
b) Fishing gears shall be confiscated in case of
commission of any of the violations specified in Point b Clause 1, Clause 2 and
Clause 3 of this Article;
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Article 24. Violations against
regulations on transshipment or facilitating illegal fishing operations
1. A fine ranging from VND
100,000,000 to VND 200,000,000 shall be imposed for using a
fishing vessel of less than 24 m in length overall to transship
fish caught by other vessels illegally or to
facilitate the exploration, search for, trapping or transport of catches of another vessel which is found to carry out illegal fishing, except
force majeure events.
2. A fine ranging from VND
200,000,000 to VND 300,000,000 shall be imposed if the
violation specified in Clause 1 of this Article is
repeated.
3. Additional penalties:
a) The fishing license, the
captain's license or certificate of competence to operate fishing vessels shall be suspended for 06 - 12 months in case of commission of the
violation specified in Clause 2 of this Article;
b) Fish illegally caught shall be
confiscated in case of commission of the violation specified in either Clause 1 or Clause 2 of this Article.
Article 25. Violations against
regulations on logbooks and reports on fishing operations, purchase and
transshipment
1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for
commission of any of the following violations:
a) Failing to submit reports on fishing operations
conducted by a fishing vessel of from 06 m to under 12 m in length overall;
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2. A fine ranging from VND
20,000,000 to VND 30,000,000 shall be imposed for failure to keep, record or
submit logbooks of fishing operations, purchase or transshipment of catches
conducted by a fishing vessel of less than 24 m in length overall.
3. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for
failure to have logbooks of fishing
operations, purchase or transshipment of catches conducted by a fishing vessel
of from 15 m to under 24 m in length overall in
case of repeated violation.
4. Additional penalties:
The fishing license, the captain's
license or certificate of competence to operate fishing vessels shall be
suspended for 01 - 03 months in case of commission of the violation specified
in Clause 3 of this Article.
Article 26. Violations against
regulations on fishing operations carried out by foreign organizations and
individuals in territorial waters of Vietnam
1. A fine ranging from VND 50,000,000
to VND 100,000,000 shall be imposed
for commission of one of the following violations:
a) Failure to inform a regulatory authority of
Vietnam before operating vessels into the territorial waters of Vietnam;
b) Failure to enter the ports specified in the
license for fishing operations, except force majeure events;
c) Failure to carry on board all documents required
by the law of Vietnam;
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dd) Failure to receive supervisors or failure to
disembark them at the prescribed locations or failure to ensure working and
living conditions for them as regulated by the law of Vietnam.
2. A fine ranging from VND
100,000,000 to VND 200,000,000 shall be imposed for failure to carry out
fishing operations in the licensed zones or engaging in a fishing occupation or
scope of activity other than the one specified in the license for fishing
operations.
3. A fine ranging from VND
200,000,000 to VND 300,000,000 shall be imposed if the violation specified in
Clause 1 or Clause 2 of this Article is repeated.
4. Additional penalties:
a) The license for fishing
operations shall be suspended for 03 - 06 months in case of
commission of the violation specified in Clause 1 of this Article;
b) The license for fishing
operations shall be suspended for 06 - 12 months in case of
commission of the violation specified in Clause 2 or Clause 3 of this Article.
Article 27.
Violations against regulations on fishing gears
1. A fine ranging from VND
2,000,000 to VND 3,000,000 shall be imposed for illegally discarding fishing
gears into natural waters.
2. A fine ranging from VND 3,000,000
to VND 5,000,000 shall be imposed for failure to mark fishing gears or
marking of fishing gears against regulations.
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4. 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.
5. A fine ranging from VND 20,000,000
to VND 30,000,000 shall be imposed for the performance of commercial
fishing by using banned fishing gears if not liable to criminal
prosecution.
6. Additional penalties:
a) Fishing gears banned from
use in commercial fishing shall be confiscated in case of
commission of the violation specified in Clause 4 or
Clause 5 of this Article;
b) The fishing license shall be
suspended for 03 - 06 months in case of commission of the violation specified
in Clause 5 of this Article.
Article 28.
Violations against regulations on use of electricity in commercial
fishing
1. A fine ranging from VND
3,000,000 to VND 5,000,000 shall be imposed for the use of electrofishing
equipment in case of commercial fishing without fishing vessels.
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 engaging in commercial fishing by using electrofishing equipment
or electric current directly from generators on board fishing vessels:
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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 fishing vessel of from 12 m to
under 15 m in length overall;
c) A fine ranging from VND 30,000,000
to VND 40,000,000 shall be imposed for the violation involving a fishing vessel
of ≥ 15 m in length overall.
4. A fine ranging from VND 40,000,000
to VND 50,000,000 shall be imposed for the performance of commercial fishing by
using electricity current (electrofishing nets) 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
specified in Clause 1 through 4 of this Article;
b) The fishing license shall be
suspended for 03 - 06 months in case of commission of the
violation specified in Clause 3 or Clause 4 of this
Article.
Article 29. Violations against
regulations on storage and use of banned substances, banned and toxic chemicals
in commercial fishing
1. A fine ranging from VND
10,000,000 to VND 20,000,000 shall be imposed for storage of banned substances,
banned and/or toxic chemicals on board fishing vessels.
2. A fine ranging from VND 50,000,000
to VND 70,000,000 shall be imposed for the performance of commercial fishing by
using banned substances, banned chemicals, toxic chemicals or other
chemicals if not liable to criminal prosecution.
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a) The fishing license shall be
suspended for 03 - 06 months in case of commission of the violation specified
in Clause 1 or Clause 2 of this Article;
b) Banned substances, banned
chemicals, toxic chemicals, other chemicals and fish caught shall
be confiscated in case of commission of the violation specified in either
Clause 1 or Clause 2 of this Article.
4. Remedial measures:
The violator is compelled to restore
the original condition which is changed by the violation specified in Clause 2
of this Article.
Article 30.
Violations against regulations on flying of nationality flags or national flag
of the Socialist Republic of Vietnam
1. A fine ranging from VND 2,000,000
to VND 4,000,000 shall be imposed on Vietnamese fishing
vessels for failure to fly or improperly flying the national
flag of the Socialist Republic of Vietnam.
2. A fine ranging from VND 5,000,000
to VND 10,000,000 shall be imposed on
foreign fishing vessels for failure to fly or improperly
flying either the flag of their country of registration or
the national flag of the Socialist Republic of Vietnam.
3. Remedial measures:
The violator is compelled to fly the flag of the Socialist Republic of Vietnam or the flag of the ship’s
country of registration in case of commission of the violation specified in
Clause 1 or Clause 2 of this Article.
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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 failure to comply with the
approved technical designs in case of building or modification of fishing
vessels.
2. A fine ranging from VND 30,000,000
to VND 50,000,000 shall be imposed for building or modification of 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 and modification of
fishing vessels without Certificate of eligibility to engage in building and
modification of fishing vessels as regulated or failure to comply with the
Certificate of eligibility to engage in building and modification of fishing
vessels.
4. A fine ranging from VND
100,000,000 to VND 200,000,000 shall be imposed for building or modification of
fishing vessels without written approval from regulatory authorities.
5. Additional penalties:
The Certificate of eligibility
to engage in building and modification of fishing vessels shall
be suspended for 01 - 03 months in case of commission of
any of the violations specified in Clauses 1, 2 and 3 of
this Article.
6. Remedial measures:
The violator is compelled to carry out demolition
of fishing vessels in case of commission of the violation specified in Clause 2
or 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 import of a fishing vessel
with technical parameters or characteristics different from those specified in
the import license.
2. Remedial measures:
The violator is compelled to re-export fishing vessels in case of commission of the violation specified in
Clause 1 of this Article.
Article 33. Violations against
regulations on technical safety of fishing vessels
1. A fine ranging from VND
5,000,000 to VND 10,000,000 shall be imposed for failure to provide safety
equipment or insufficient provision of safety equipment when engaging in
commercial fishing by using a fishing vessel of less than 12 m in length
overall.
2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for
failure to provide safety equipment or insufficient provision of safety
equipment when engaging in commercial fishing by using a fishing vessel of ≥
12 m in length overall.
3. A fine ranging from VND
15,000,000 to VND 20,000,000 shall be imposed for failure to obtain a
Certificate of technical safety of fishing vessel or using an expired one when engaging in commercial fishing by a fishing vessel of ≥ 12 m in length overall.
Article 34.
Violations against regulations on surveying of fishing vessels
1. A fine ranging from VND
5,000,000 to VND 7,000,000 shall be imposed for inadequate reporting of
surveying 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 the
surveying 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
surveying results or performing surveys inconsistently with national technical
regulations on classification and building of ships or carrying out surveying
procedures for a fishing vessel without markings 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 surveys of fishing vessels without
obtaining a certificate of eligibility to perform surveying of fishing vessels
as prescribed;
b) Carrying out inspection of fishing vessels
inconsistently with the issued certificate of eligibility to perform surveying
of fishing vessels;
c) Failing to maintain the satisfaction of
eligibility requirements during the surveying of fishing vessels.
6. Additional penalties:
a) The surveyor card shall be
suspended for 03 – 06 months in case of commission of the violation specified
in Clause 3 of this Article;
b) The Certificate of eligibility to perform
surveying of fishing vessels shall be suspended for 01 - 03
months in case of commission of any of the violations specified in
Clause 4 and Points a, b and c Clause 5 of this Article.
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1. A fine ranging from VND
3,000,000 to VND 5,000,000 shall be imposed for removal of VTUs installed on
board a fishing vessel without the supervision of VTU supplier.
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) Failure to provide communications equipment as
prescribed;
b) Failure to
maintain the operation of or knowingly disabling VTU installed on board a fishing vessel of from 15 m to under 24 m in
length overall during its operations at sea, except force majeure events;
c) Failure to comply with procedures in case of VTU
failure, except force majeure events;
d) Failure to report or improper reporting of the
installation of VTUs on board a fishing vessel to regulatory authorities for
inspection as prescribed;
dd) Failure to use lead seal after installing VTUs
on board a fishing vessel as prescribed or failure to send the specimen of lead
seal to regulatory authorities as prescribed;
e) Failure to maintain confidentiality of vessel
monitoring data as prescribed.
3. A fine ranging from VND 30,000,000
to VND 50,000,000 shall be imposed if any of the violations specified in Clause 1 and Points b, c and d
Clause 3 of this Article is repeated.
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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.
Article 36.
Violations against regulations on marking of fishing vessels
1. A fine ranging from VND 3,000,000
to VND 5,000,000 shall be imposed for failure to mark or improper
marking of the fishing vessel of from 12 m to under 15 m
in length overall.
2. A fine ranging from VND 5,000,000
to VND 7,000,000 shall be imposed for failure to mark or improper marking of
the fishing vessel of from 15 m to under 24 m in length overall.
3. A fine ranging from VND 7,000,000 to VND 10,000,000 shall be imposed for
failure to mark or improper marking of the fishing vessel of ≥ 24 m in length overall.
Article 37.
Violations against regulations on registration of fishing vessels
1. A fine ranging from VND
2,000,000 to VND 3,000,000 shall be imposed for failure to display registration
number or displaying registration number on the fishing vessel inconsistently
with regulations.
2. A fine ranging from VND 5,000,000
to VND 10,000,000 shall be imposed
for failure to carry out procedures for registration or re-registration
of fishing vessel as prescribed.
Article 38. Violations against
regulations on crew members and other persons on board fishing vessels
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2. A fine ranging from VND
1,000,000 to VND 2,000,000 shall be imposed upon a crew member working on board
whose name is not included in the crew book.
3. 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) The captain or chief engineer fails to possess
qualifications or certifications as prescribed.
b) Failure to have a crew book on board fishing
vessel as prescribed.
4. The following fines shall
be imposed for failure 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 upon the vessel owner for failure to buy insurance
for 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 upon
the vessel owner for failure to buy insurance for 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 upon
the vessel owner for failure to buy insurance for 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 upon
the vessel owner for failure to buy insurance for 10 crew
members or more working on board the fishing vessel.
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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) Failure to provide notification or provision of
inadequate notification of the vessel’s arrival at or departure from the
fishing port to the port authority.
b) The fishing vessel of ≥ 15 m in length overall
enters ports other than designated fishing ports for unloading of their
catches;
c) Failure to comply with internal regulations and
shifting orders given by the authority of a fishing port or sheltered
anchorage.
2. A fine ranging from VND
5,000,000 to VND 10,000,000 shall be imposed for the use of a fishing vessel or
any waterway vehicles as a means to cause damage to the port facility.
3. A fine ranging from VND
10,000,000 to VND 15,000,000 shall be imposed for destruction, removal,
alteration or replacement of any equipment and systems of the fishing port.
4. A fine ranging from VND
20,000,000 to VND 30,000,000 shall be imposed for unlawful occupation of land,
waters or any facilities of the fishing port.
5. Additional penalties:
Exhibits for committing the violation
specified in Clause 3 of this Article shall be confiscated.
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a) The violator is compelled to
restore the original condition which is changed by the violation specified in
Clause 2 or Clause 3 of this Article;
b) The violator is compelled to return the land
area, waters or facilities unlawfully occupied in case of commission of the
violation specified in Clause 4 of this Article.
Article 40.
Violations against regulations on fishing port management
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) Failure to collect logbooks of fishing
operations, purchase and transshipment of catches, and reports on fishing
operations;
b) Failure to promulgate and post the port’s
internal regulations at the fishing port;
c) Failure to provide working place for regulatory
authorities to carry out inspection of compliance with laws at the fishing
port;
d) Failure to immediately inform regulatory
authorities of illegal fishing vessels;
dd) Failure to supervise total catches unloaded at
the port;
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2. A fine ranging from VND
5,000,000 to VND 10,000,000 shall be imposed for failure to certify fish and
fishery products unloaded at the port or making certification against
regulations on origin of catches unloaded at fishing ports.
3. A fine ranging from VND
40,000,000 to VND 50,000,000 shall be imposed for allowing the unloading of
catches of illegal origin at the fishing port.
Section 7. VIOLATIONS AGAINST
REGULATIONS ON COLLECTION, PRELIMINARY PROCESSING, PROCESSING, PRESERVATION 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, handling, preliminary processing,
processing, preservation or transport of endangered, rare and precious aquatic
species in Group II or fish, fishery products and parts thereof of unknown
origin of endangered, rare and precious species in Appendix II of CITES 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 an amount
of fishery products of < 20 kg;
b) A fine ranging from VND 15,000,000
to VND 20,000,000 shall be imposed for the violation involving an amount
of fishery products 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 an amount
of fishery products 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 an amount
of fishery products 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 an amount
of fishery products of ≥ 500 kg.
2. The following fines shall be
imposed for illegal collection, trading, handling, preliminary processing,
processing, preservation or transport of fish, fishery products and parts
thereof of endangered, rare and precious species in Group
I or those of unknown origin of endangered, rare and
precious species in Appendix I of CITES 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 an amount of
fishery products of < 10 kg;
b) A fine ranging from VND 40,000,000
to VND 50,000,000 shall be imposed for the violation involving an amount of
fishery products 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 an amount of
fishery products 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 an amount of
fishery products 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 an amount
of fishery products 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 an amount of
fishery products of ≥ 500 kg.
3. A fine ranging from VND 30,000,000
to VND 40,000,000 shall be imposed for collection, trading, preliminary
processing, processing, preservation or transport of fishery products of
unknown origin.
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Fishery products shall be confiscated
in case of commission of the violation specified in Clause 1 or Clause 2 of
this Article.
Article 42. Violations against
regulations on import, temporary import, re-export and transit of fishery
products from illegal, unreported and unregulated (IUU) fishing; export and
import of fishery products
1. The following fines shall
be imposed for import, temporary import, re-export or transit of fishery
products originating from illegal fishing:
a) A fine ranging from VND 50,000,000 to VND
100,000,000 shall be imposed for the shipment of less than 100 kg of fishery
products;
b) A fine ranging from VND 100,000,000 to VND 300,000,000 shall be imposed for
the shipment of from 100 kg to under 500 kg of fishery products;
c) A fine ranging from VND
300,000,000 to VND 500,000,000 shall be imposed for the shipment of from 500 kg
to under 1,000 kg of fishery products;
d) A fine ranging from VND
500,000,000 to VND 800,000,000 shall be imposed for the shipment of from 1,000 kg to under 2,000 kg of fishery products;
dd) A fine ranging from VND
800,000,000 to VND 1,000,000,000 shall be imposed for the shipment of ≥ 2,000 kg of fishery products.
2. The following fines shall
be imposed for illegal export of fishery products on the List of
aquatic species subject to conditional export when they fail to meet
prescribed exporting conditions:
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b) A fine ranging from VND
100,000,000 to VND 300,000,000 shall be imposed for the shipment of from 100 kg
to under 500 kg of fishery products;
c) A fine ranging from VND
300,000,000 to VND 500,000,000 shall be imposed for the shipment of from 500 kg
to under 1,000 kg of fishery products;
d) A fine ranging from VND
500,000,000 to VND 800,000,000 shall be imposed for the shipment of from 1,000
kg to under 2,000 kg of fishery products;
dd) A fine ranging from VND
800,000,000 to VND 1,000,000,000 shall be imposed for the shipment of ≥ 2,000
kg of fishery products.
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 on the List of aquatic species licensed for sale in
Vietnam if not liable to criminal prosecution.
4. Additional penalties:
Fishery product shipments shall be
confiscated in case of commission of any of the violations specified in Clause 1, Clause 2 and Clause
3 of this Article.
5. Remedial measures:
The violator is compelled to carry out re-export or
repurposing or destruction of fishery products, whichever appropriate, in case
of commission of the violation specified in Clause 3 of this Article.
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Article 43. Acts of
obstructing state management of fisheries
1. A fine ranging from VND
5,000,000 to VND 10,000,000 shall be imposed for obstruction of investigation
or exploration of aquatic resources, protection of aquatic resources, or collection or fisheries data collection
performed by regulatory authorities.
2. The following fines shall
be imposed for failure to bear the inspection of regulatory authorities:
a) A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for failure to bear the inspection of regulatory
authorities in respect of aquaculture operations;
b) A fine ranging from VND 15,000,000
to VND 20,000,000 shall be imposed for failure to bear the inspection of
regulatory authorities in respect of commercial fishing and protection
of aquatic resources.
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;
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3. Additional penalties:
Certifications, licenses or written approvals shall
be confiscated or revoked in case of commission of the violation specified in
Clause 1 of this Article.
Chapter III
POWER TO RECORD
ADMINISTRATIVE VIOLATIONS AND IMPOSE PENALTIES
Article 45.
Power to record administrative violations
The persons below are entitled to make records of
administrative violations:
1. The officials having the power to impose
administrative penalties mentioned in Article 46 through 53 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 who are performing their assigned duties and state management tasks
in fisheries sector.
Article 46.
Power of Chairpersons of people’s committees
1. Chairpersons of People’s
Committees of communes shall have the power to:
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b) Confiscate the exhibits and
instrumentalities of administrative violation worth less
than the fine specified in Point a of this Clause;
c) Enforce the remedial measures
mentioned in Points a, b, c and dd Clause 1 Article 28 of
the Law on penalties for administrative violations.
2. Chairpersons of People’s
Committees of districts shall have the power to:
a) Impose a fine up to VND
50,000,000;
b) Suspend operations for a fixed period or suspend
licenses, certifications or practicing certificates issued by regulatory
authorities or institutions;
c) Confiscate the exhibits and
instrumentalities of administrative violation worth less than the fine
specified in Point a of this Clause;
d) Enforce the remedial measures
mentioned in Points a, b, c, dd, e, h and i Clause 1 Article 28 of the Law on
penalties for administrative violations and Points a, b,
c, d, dd, e, g, k, l and m Clause 3 Article 4 herein.
3. Chairpersons of People’s
Committees of provinces 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 of administratvie 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 force
1. Soldiers on duty of people’s police
force shall have the power to:
Impose a fine up to VND 500,000.
2. Heads of police stations, and leaders of the soldiers mentioned in Clause 1 of this
Article shall have the power to:
Impose a fine up to VND 1,500,000.
3. Heads of commune-level
police authorities, heads of police stations, heads of police stations at checkpoints or export processing
zones shall have the power to:
a) Impose a fine up to VND 2,500,000;
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c) Enforce the remedial measures mentioned
in Points a, c and dd Clause 1 Article 28 of the Law on penalties for
administrative violations.
4. Heads of district-level
police authorities and heads of environmental police departments of provinces
shall have the power to:
a) Impose a fine up to VND 25,000,000;
b) Suspend operations for a fixed
period or suspend licenses, certifications or practicing certificates issued by
regulatory authorities or institutions;
c) Confiscate the exhibits and instrumentalities
of administrative violation worth less than the fine specified in Point a of
this Clause;
d) Enforce the remedial measures
mentioned in Points a, c, dd and k Clause 1 Article 28 of
the Law on penalties for administrative violations and Points a, b, c, d, dd, e, g, i, k, l and m Clause 3 Article 4 herein.
5. Directors of Provincial-level
Public Security Departments shall have the power to:
a) Impose a fine up to VND 50,000,000;
b) Suspend operations for a fixed
period or suspend licenses, certifications or practicing certificates issued by
regulatory authorities or institutions;
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d) Enforce the remedial measures
mentioned in Points a, c, dd and i Clause 1 Article 28 of
the Law on penalties for administrative violations and Points a, b, c, d, dd,
e, g, i, k, l and m Clause 3 Article 4 herein.
6. Director of the Traffic
Police Department shall have the power to:
a) Impose a fine up to VND
1,000,000,000;
b) Suspend operations for a fixed
period or suspend licenses, certifications or practicing certificates issued by
regulatory authorities or institutions;
c) Confiscate the exhibits and
instrumentalities of administratvie violations;
d) Enforce the remedial measures
mentioned in Points a, c, dd and i Clause 1 Article 28 of the Law on penalties
for administrative violations and in Points a, b and d
Clause 3 Article 4 herein.
Article 48.
Power of border guard force
1. Soldiers on duty of border guard
force shall have the power to:
Impose a fine up to VND 500,000.
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Impose a fine up to VND 2,500,000.
3. Heads of border-guard posts, commanders of border-guard flotillas, commanders of border-guard
sub-zones, 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
of administrative violation worth less than the fine specified in Point a of
this Clause;
c) 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 Points a, b, d and
k Clause 3 Article 4 herein.
4. Commanders of provincial-level
border guard force and commanders of border guard fleets affiliated to the
Border Guard High Command shall have the power to:
a) Impose a fine up to VND
1,000,000,000;
b) Suspend operations for a fixed
period or suspend licenses, certifications or practicing certificates issued by
regulatory authorities or institutions;
c) Confiscate the exhibits and
instrumentalities of administratvie violations;
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Article 49.
Power of coast guard force
1. Coast guard officers on duty 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:
a) Impose a fine up to VND 10,000,000;
b) Enforce the remedial measures
mentioned in Points a, b and dd Clause 1 Article 28 of the Law on penalties for
administrative violations.
4. Commanders of coastguard platoons
shall have the power to:
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b) Confiscate the exhibits and
instrumentalities of administrative violation worth less than the fine
specified in Point a of this Clause;
c) Enforce the remedial measures
mentioned in Points a, c, d and dd Clause 1 Article 28 of
the Law on penalties for administrative violations and in Points a, b,
d, k and l Clause 3 Article 4 herein.
5. Commanders in chief of coastguard
squadrons shall have the power to:
a) Impose a fine up to VND 50,000,000;
b) Confiscate the exhibits and
instrumentalities of administrative violation worth less than the fine
specified in Point a of this Clause;
c) Enforce the remedial measures
mentioned in Points a, c, d and dd Clause 1 Article 28 of the Law on penalties
for administrative violations and in Points a, b, d, k and l Clause 3 Article 4
herein.
6. Commanders of regional coastguard
command centers shall have the power to:
a) Impose a fine up to VND 100,000,000;
b) Confiscate the exhibits and
instrumentalities of administrative violation worth less than the fine
specified in Point a of this Clause;
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7. Commanders of Coastguard Headquaters
shall have the power to:
a) Impose a fine up to VND
1,000,000,000;
b) Suspend operations for a fixed
period or suspend licenses, certifications or practicing certificates issued by
regulatory authorities or institutions;
c) Confiscate the exhibits and
instrumentalities of administratvie violations;
d) Enforce the remedial measures
mentioned in Points a, b, c, d and dd Clause 1 Article 28
of the Law on penalties for administrative violations and in Points a, b, d, h,
k and l Clause 3 Article 4 herein.
Article 50.
Power of customs agencies
1. Customs officials on duty shall
have the power to:
Impose a fine up to VND 500,000.
2. Team leaders of Customs Branches
and team leaders of Post-clearance Audit Branches shall have the power to:
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3. Directors of Customs Branches and
Post-clearance Audit Branches, leaders of customs enforcement teams affiliated
to provincial, inter-provincial or city Customs Departments, leaders of
anti-smuggling and control teams, leaders of customs procedure teams, leaders
of marine control squads and leaders of intellectual property protection and
control teams, affiliated to Anti-smuggling and Investigation Department,
Vietnam Customs, shall have the power to:
a) Impose a fine up to VND 25,000,000;
b) Confiscate the exhibits and
instrumentalities of administrative violation worth less than the fine
specified in Point a of this Clause;
c) Enforce the remedial measures
mentioned in Points d, dd, g and i Clause 1 Article 28 of the Law on penalties
for administrative violations and in Points dd, e, g and m Clause 3 Article 4 herein.
4. Directors of Anti-smuggling and
Investigation Department and Post-clearance Audit Department affiliated to General
Department of Customs, and Directors of Customs Departments of provinces shall
have the power to:
a) Impose a fine up to VND
50,000,000;
b) Confiscate the exhibits and
instrumentalities of administrative violation worth less than the fine
specified in Point a of this Clause;
c) Suspend licenses or practicing
certificates, or suspend operations for fixed periods;
d) Enforce the remedial measures
mentioned in Points d, dd, g and i Clause 1 Article 28 of the Law on penalties
for administrative violations and in Points dd, e, g and m Clause 3 Article 4
herein.
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a) Impose a fine up to VND
1,000,000,000;
b) Confiscate the exhibits and
instrumentalities for committing administratvie violations;
c) Enforce the remedial measures
mentioned in Points d, dd, g and i Clause 1 Article 28 of the Law on penalties
for administrative violations and in Points dd, e, g and m Clause 3 Article 4
herein.
Article 51.
Power of market surveillance force
1. Market controllers on duty shall
have the power to:
Impose a fine up to VND 500,000.
2. Leaders of market surveillance
teams shall have the power to:
a) Impose a fine up to VND 25,000,000;
b) Confiscate the exhibits and
instrumentalities of administrative violation worth less than the fine
specified in Point a of this Clause;
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3. Directors of Provincial Market
Surveillance Departments and Director of Market Surveillance Operations
Department affiliated to Vietnam Directorate of Market Surveillance shall have
the power to:
a) Impose a fine up to VND 50,000,000;
b) Suspend operations for a fixed
period or suspend licenses, certifications or practicing certificates issued by
regulatory authorities or institutions;
c) Confiscate the exhibits and
instrumentalities of administrative violation worth less than the fine
specified in Point a of this Clause;
d) Enforce the remedial measures
mentioned in Points a, c, d, dd, e, g, h and i Clause 1 Article 28 of the Law
on penalties for administrative violations and in Points dd, e and g Clause 3 Article 4 herein.
4. 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) Suspend operations for a fixed
period or suspend licenses, certifications or practicing certificates issued by
regulatory authorities or institutions;
c) Confiscate the exhibits and
instrumentalities of administratvie violations;
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Article 52.
Power of inspecting authorities
1. On-duty inspectors of agriculture
and rural development sector and persons who are assigned to conduct
specialized inspections of fishery operations, quality
control of agricultural products, forest products and aquatic products shall
have the power to:
a) Impose a fine up to VND 500,000;
b) Confiscate the exhibits and
instrumentalities of administrative violation worth less than the fine
specified in Point a of this Clause.
2. Chief Inspectors of Provincial
Departments of Agriculture and Rural Development, Directors of Sub-departments
of Fisheries performing the function of inspection of fishery
operations, quality control of agricultural products, forest
products and aquatic products; heads of specialized inspections teams of
Directorate of Fisheries, National Agro-Forestry-Fisheries Quality Assurance
Department; heads of specialized inspections teams of Provincial Departments of
Agriculture and Rural Development; heads of specialized inspections teams of
Sub-departments performing the function of inspection of fishery
operations, quality control of agricultural products, forest
products and aquatic products shall have the power to:
a) Impose a fine up to VND 50,000,000;
b) Suspend operations for a fixed
period or suspend licenses, certifications or practicing certificates issued by
regulatory authorities or institutions;
c) Confiscate the exhibits and
instrumentalities of administrative violation worth less than 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.
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a) Impose a fine up to VND 250,000,000;
b) Suspend operations for a fixed
period or suspend licenses, certifications or practicing certificates issued by
regulatory authorities or institutions;
c) Confiscate the exhibits and
instrumentalities of administrative violation worth less than 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.
4. The Chief Inspector of Ministry of
Agriculture and Rural Development, Director General of Directorate of
Fisheries, Director of Department of Animal Health, Director of the National
Agro-Forestry-Fisheries Quality Assurance Department (NAFIQAD) shall have the
power to:
a) Impose a fine up to VND
1,000,000,000;
b) Suspend operations for a fixed
period or suspend licenses, certifications or practicing certificates issued by
regulatory authorities or institutions;
c) Confiscate the exhibits and
instrumentalities of administratvie violations;
d) Enforce the remedial measures
mentioned in Clause 1 Article 28 of the Law on penalties for administrative
violations and in Points a, b, c, d, dd, e, g, i, k, l
and m Clause 3 Article 4 herein.
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1. Fisheries resources surveillance officials on duty shall have the
power to:
a) Impose a fine up to VND 500,000;
b) Confiscate the exhibits and
instrumentalities of administrative violation worth less than the fine
specified in Point a of this Clause;
2. Heads of fisheries
resources surveillance stations affiliated to regional sub-departments of
fisheries resources surveillance shall have the power to:
a) Impose a fine up to VND 10,000,000;
b) Confiscate the exhibits and
instrumentalities of administrative violation worth less than the fine
specified in Point a of this Clause;
c) Enforce the remedial measures
mentioned in Points a, b and i Clause 1 Article 28 of the Law on penalties for
administrative violations and in Points a, b, d, k and l
Clause 3 Article 4 herein.
3. Directors of regional
sub-departments of fisheries resources surveillance shall have
the power to:
a) Impose a fine up to VND 100,000,000;
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c) Enforce the remedial measures
mentioned in Points a, b, d and i Clause 1 Article 28 of
the Law on penalties for administrative violations and in Points a, b, d, k and
l Clause 3 Article 4 herein.
4. Director of Department of
fisheries resource surveillance shall have the power to:
a) Impose a fine up to VND
1,000,000,000;
b) Suspend operations for a fixed
period or suspend licenses, certifications or practicing certificates issued by
regulatory authorities or institutions;
c) Confiscate the exhibits and
instrumentalities for committing administrative violation worth less than the
fine specified in Point a of this Clause;
d) Enforce the remedial measures
mentioned in Points a, b and i Clause 1 Article 28 of the Law on penalties for
administrative violations and in Points a, b, d, k and l Clause 3 Article 4
herein.
Article 54.
Delegation of power to impose penalties
1. Director General of Directorate of Fisheries and Chairpersons of Provincial People's Committees shall have the power to impose penalties for
the administrative violations specified in Article 6 through 44 hereof.
2. Power to impose penalties of
Chairpersons of people’s committees of communes and of districts:
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b) Chairpersons of people’s
committees of districts shall have the power to impose
penalties for the administrative violations specified in Clause 1
Article 6, Clause 1 Article 7, Clauses 1, 2 and Points a, b Clause 3 Article 8,
Article 12 through 19, Article 21, Clauses 1, 2 Article 23, Article 25, Article
27, Article 28, Clause 1 Article 29, Article 30, Article 33, Article 35 through
40, Points a, b, c, d and dd Clause 1 and Points a, b Clause 2, Clause 3
Article 41, Article 43 and Article 44 hereof.
3. Power to impose penalties of people’s
police force:
a) Soldiers on duty of people’s police force shall
have the power to impose penalties for the administrative violations specified
in Clause 1 Article 38 hereof;
b) Heads of police stations, and leaders of the soldiers of people’s police force shall
have the power to impose penalties for the administrative violations specified
in Clauses 1, 2 Article 38 hereof;
c) Heads of commune-level police
authorities and heads of police stations shall have the power to
impose penalties for the administrative violations specified in Clauses
1 and 2 Article 19, Clause 1 Article 37 and Clauses 1, 2 Article 38 hereof;
d) Heads of district-level police authorities shall have the power to impose penalties for the administrative
violations specified in Point a Clause 1 Article 6, Points a, b Clause 1
Article 7, Clause 1 and Points a, b and c Clause 2 Article 8, Clauses 1, 2
Article 10, Article 12, Article 13, Clause 1 Article 14, Clauses 1, 2 Article
15, Article 17, Article 19, Clauses 1, 2, 3 and 4 Article 21, Clause 1 Article
23, Clauses 1, 2 Article 25, Article 27, Clauses 1, 2 and Points a, b Clause 3
Article 28, Clause 1 Article 29, Article 30, Article 33, Clauses 1, 2 Article
35, Article 36 through 39, Clauses 1, 2 Article 40, Points a, b and c Clause 1
Article 41, Article 43 and Clause 1 Article 44 hereof;
dd) Heads of environmental police departments of
provinces shall have the power to impose penalties for the
administrative violations specified in Point a Clause 1 Article 6
hereof;
e) Directors of
Provincial-level Public Security Departments shall have the power to impose
penalties for the administrative violations specified in Point a Clause
1 Article 6, Clause 1 Article 7, Clauses 1, 2 and Points a, b Clause 3 Article
8, Article 10, Article 12 through 19, Clause 1 through 5 Article 21, Clauses 1,
2 Article 23, Article 25, Article 27, Article 28, Clause 1 Article 29, Article
30, Article 33, Article 35 through 40, Points a, b, c, d and dd Clause 1,
Points a, b Clause 2 Article 41, Article 43 and Article 44 hereof;
g) Director of Traffic Police Department shall have the power to impose penalties for the administrative
violations specified in Article 6, Point a Clause 1 Article 7, Clause 1
Article 21, Clause 1 Article 23, Article 28, Article 29, Clause 1 Article 33,
Article 41, Article 43, Clause 1 Article 44 hereof.
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a) Soldiers on duty of border
guard force shall have the power to impose penalties for the
administrative violations specified in Clause 1 Article 38 hereof;
b) Heads of border guard stations,
and leaders of the soldiers of border guard force shall
have the power to impose penalties for the administrative violations specified
in Clause 1 Article 27, Clause 1 Article 37, Clauses 1, 2
Article 38 hereof;
c) Heads of border-guard posts, commanders of border-guard flotillas, commanders of border-guard
sub-zones shall have the power to impose penalties for the administrative
violations specified in Point a Clause 1 Article 6, Points a, b Clause 1
Article 7, Points a, b and c Clause 2 Article 8, Clauses 1, 2, 3 and 4 Article
21, Clause 1 Article 23, Article 27, Clauses 1, 2 and Points a, b Clause 3
Article 28, Clause 1 Article 29, Article 30, Article 33, Clauses 1, 2 and
Clause 3 Article 35, Article 36, Article 37, Article 38, Article 43 and Clause
1 Article 44 hereof;
d) Commanders of provincial-level
border guard force and commanders of border guard fleets affiliated to the
Border Guard High Command shall have the power to impose penalties for the
administrative violations specified in Article 6 through 8, Article 21,
Article 23 through 30, Article 33, Article 35 through 38, Clause 1 and Point b
Clause 2 Article 43 and Clause 1 Article 44 hereof.
5. Power to impose penalties
of coast guard force:
a) Coast guard officers on duty shall
have the power to impose penalties for the administrative violations specified
in Clauses 1, 2 Article 38 hereof;
b) Coastguard team leaders shall have the power to impose penalties for the
administrative violations specified in Clause 1 Article 27, Clause 1
Article 30, Clause 1 Article 37, Clauses 1, 2 Article 38 hereof;
c) Coastguard squad leaders and captains
of coastguard stations shall have the power to impose penalties for the
administrative violations specified in Point a Clause 1 Article 6,
Points a, b Clause 2 Article 8, Clause 1 Article 21, Clause 1 Article 25,
Clauses 1, 2, 3 Article 27, Clause 1 Article 28, Article 30, Clause 1 Article
33, Clause 1 Article 35, Article 36, Article 37, Clauses 1, 2, 3 and Points a,
b Clause 4 Article 38 and Clause 1 Article 43 hereof;
d) Commanders of coastguard platoons
shall have the power to impose penalties for the administrative
violations specified in Point a Clause 1 Article 6, Points a, b Clause 1
Article 7, Clause 1, Points a, b, c Clause 2 Article 8, Clauses 1, 2 Article
25, Article 27, Clauses 1, 2 and Points a, b Clause 3 Article 28, Clause 1
Article 29, Article 30, Article 33, Clauses 1, 2 Article 35, Article 36,
Article 37, Article 38, Points a, b Clause 1 Article 41, Clause 1 and Point b
Clause 2 Article 43 and Clause 1 Article 44 hereof;
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e) Commanders of regional coastguard
command centers shall have the power to impose penalties for the administrative
violations specified in Points a, b
Clause 1 Article 6, Article 7, Article
8, Clause 1 Article 9, Article 21, Article 23, Article 25, Clause 1 Article 26, Article 27 through 30, Article 33, Article 35 through 39, Article 41, Clause 1 and Point b Clause 2 Article
43 and Clause 1 Article 44 hereof;
g) Commanders of Coastguard
Headquaters shall have the power to impose penalties for the administrative
violations specified in Article 6 through 9, Article 21, Article 23
through 30, Article 33, Article 35 through 39, Article 41, Clause 1 and Point b
Clause 2 Article 43 and Clause 1 Article 44 hereof.
6. Power to impose penalties of
customs agencies:
a) Directors of Customs Branches and
Post-clearance Audit Branches, leaders of customs enforcement teams affiliated
to provincial, inter-provincial or city Customs Departments, leaders of
anti-smuggling and control teams, leaders of customs procedure teams, leaders
of marine control squads and leaders of intellectual property protection and
control teams, affiliated to Anti-smuggling and Investigation Department,
Vietnam Customs, shall have the power to impose penalties for the
administrative violations specified in Clause 1 Article 44 hereof;
b) Directors of Anti-smuggling and
Investigation Department and Post-clearance Audit Department affiliated to
General Department of Customs, and Directors of Customs Departments of
provinces shall have the power to impose penalties for the administrative
violations specified in Clause 3 Article 15, Article 18 and Clause 1
Article 44 hereof;
c) Director General of General
Department of Customs shall have the power to impose penalties for the
administrative violations specified in Article 11, Clause 3 Article 15,
Article 18, Article 32, Article 42 and Clause 1 Article 44 hereof.
7. Power to impose penalties
of market surveillance force:
a) Leaders of market surveillance
teams shall have the power to impose penalties for the administrative
violations specified in Article 12, Article 13, Clause
1 Article 14, Clause 3 Article 19,
Points a, b, c Clause 1 Article 41 and Clause 1 Article 44
hereof;
b) Directors of Provincial Market
Surveillance Departments and Director of Market Surveillance Operations
Department affiliated to Vietnam Directorate of Market Surveillance shall have
the power to impose penalties for the administrative violations specified in
Article 11, Clause 1 Article 14, Clause 2 Article 15, Clause 1 Article 18, Clause 3 Article 19 and Clause 1 Article 44 hereof;
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8. Power to impose administrative
penalties of inspecting authorities:
a) Inspectors of agriculture and
rural development sector and persons who are assigned to conduct specialized
inspections of fishery operations shall have the power to
impose penalties for the administrative violations specified in Clause 1
Article 38 hereof;
b) Chief Inspectors of Provincial
Departments of Agriculture and Rural Development, heads of specialized
inspections teams of Provincial Departments of Agriculture and Rural
Development, Directors of Sub-departments of
Fisheries performing the function of inspection of fishery
operations, heads of specialized inspections teams of
Sub-departments performing the function of inspection of fishery
operations, and heads of specialized
inspections teams of Directorate of Fisheries shall have the power to impose
penalties for the administrative violations specified in Clause 1
Article 6, Clause 1 Article 7, Clauses 1, 2, Points a, b Clause 3 Article 8,
Article 10, Article 12 through 19, Clause 1 through 5 Article 21, Article 22,
Clauses 1, 2 Article 23, Article 25, Article 27, Article 28, Clause 1 Article
29, Article 30, Clauses 1, 2 Article 31, Article 33 through 40, Points a, b, c,
d and dd Clause 1, Points a, b Clause 2, Clause 3 Article 41, Article 43 and
Article 44 hereof;
c) Directors of Branches of National
Agro-Forestry-Fisheries Quality Assurance Department (NAFIQAD), heads of specialized inspections teams of NAFIQAD,
heads of specialized inspections teams of Sub-departments performing the function of inspection of quality of agricultural
products, forest products and aquatic products shall have the power to impose
penalties for the administrative violations specified in Points a, b, c,
d, dd Clause 1 and Points a, b Clause 2 Article 41 and Clause 1 Article 44
hereof;
d) Heads of specialized inspection
teams in fisheries sector established by the Ministry of
Agriculture and Rural Development shall have the power to impose penalties for
the administrative violations specified in Article 8, Article 10 through
19, Article 31 through 41, Points a, b Clause 1, Points a, b Clause 2, Clause 3
Article 42, Article 43 and Article 44 hereof;
dd) Chief Inspector of Ministry of Agriculture and Rural Development shall have the power to
impose penalties for the administrative violations specified in Article 8,
Article 10 through 19, Article 21 through 23, Article 32 through 44 hereof;
e) Director of the National Agro-Forestry-Fisheries
Quality Assurance Department (NAFIQAD) shall have the power to impose penalties
for the administrative violations specified in Article 41, Article 42
and Clause 1 Article 44 hereof;
g) Director of Department of Animal Health
shall have the power to impose penalties for the administrative violations
specified in Article 42 and Clause 1 Article 44 hereof.
9. Power to impose administrative
penalties of fisheries surveillance force:
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b) Heads of fisheries resources surveillance
stations affiliated to regional sub-departments of fisheries resources
surveillance shall have the power to impose penalties for the
administrative violations specified in Point a Clause 1 Article 6,
Points a, b Clause 2 Article 8, Clause 1 Article 21, Clause 1 Article 25,
Clauses 1, 2 and 3 Article 27, Clause 1 Article 28, Clauses 1, 2 Article 30,
Clause 1 Article 33, Clause 1 Article 35, Article 36, Article 37, Clauses 1, 2,
3 and Points a, b Clause 4 Article 38, Clauses 1, 2 Article 39, Clauses 1, 2
Article 40 and Clause 1, Point a Clause 2 Article 43 hereof;
c) Directors of regional sub-departments
of fisheries resources surveillance shall have the power to
impose penalties for the administrative violations specified in Points
a, b Clause 1 Article 6, Article 7, Article 8, Clauses 1, 2 Article 9, Article
21, Article 23, Article 25, Clause 1 Article 26, Article 27 through 30, Article
33, Article 35 through 41, Clause 1, Point a Clause 2 Article 43 and Clause 1
Article 44 hereof;
d) Director of Department of
fisheries resource surveillance shall have the power to impose penalties for
the administrative violations specified in Article 6 through 9, Article 21,
Article 23 through 30, Article 33, Article 35 through 39, Article 41, Clause 1
and Point b Clause 2 Article 43 and Clause 1 Article 44 hereof.
Article 55. Implementation of
preventive measures and enforcement of administrative penalties
1. In cases where only fine is
imposed upon the violator, the person authorized to impose penalties for
administrative violations against regulations on fisheries is entitled o impound waterway vehicle-related documents and/or professional
certificates until the decision on penalty implementation is implemented. If
the abovementioned documents are not available, the person authorized to impose
penalties is entitled to request the violator to operate the waterway vehicle
to shore or to the office of his/her working authority for handling or impound
the exhibits and/or instrumentalities within his/her competence.
In case the additional penalty which is
confiscation of exhibits/instrumentalities of the violation is imposed for an
administrative violation as regulated in this Decree, the person authorized to
impose penalties is entitled to request the violator to operate the waterway
vehicle to shore or to the office of his/her working authority for handling or
impound the waterway vehicle within his/her competence.
2. The implementation of
preventive measures and enforcement of administrative penalties shall comply
with the authority and procedures specified in the Law on penalties for
administrative violations.
Chapter IV
IMPLEMENTATION
PROVISIONS
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1. This Decree comes into force from July
05, 2019 and supersedes the Government’s Decree No.
103/2013/ND-CP dated September 12, 2013.
2. The phrase “thủy sản nuôi”
(“cultured aquatic species”) is added after the phrase “vật nuôi” (“domestic animals”) in Point a Clause 6 Article 17, Clause 5
Article 18, Clause 6 Article 19 and Clause 9 Article 20 of the Government’s
Decree No. 119/2017/ND-CP dated November 01, 2017.
3. This Decree abrogates the
following:
a) Regulations on aquatic breeds, aquatic feeds and
aqua environmental remediation products in the Government’s Decree No. 64/2018/ND-CP dated May 07, 2018;
b) Regulations on fishery
operations in the Government’s Decree No. 41/2017/ND-CP dated April
05, 2017.
Article 57.
Transition
1. Violations against
regulations on fisheries committed before this Decree
takes effect and discovered afterwards or under consideration
shall be handled in accordance with regulations that are
advantageous to the organizations and individuals at fault.
2. In case where a violator
files a complaint against a decision on penalty imposition which is issued or
implemented before this Decree takes effect, regulations of the Government's
Decree No. 103/2013/ND-CP dated September 12, 2013, the
Government’s Decree No. 41/2017/ND-CP dated April 05, 2017
and the Government’s Decree No. 64/2018/ND-CP dated May
07, 2018 shall apply.
3. In case an administrative
violation against regulations on fisheries is discovered after the effective
date of this Decree and subject to the transition clause specified in the Law
on fisheries or its instructional documents, regulations of the Government's
Decree No. 103/2013/ND-CP dated September 12, 2013, the
Government’s Decree No. 41/2017/ND-CP dated
April 05, 2017 and the Government’s Decree No. 64/2018/ND-CP
dated May 07, 2018 shall apply until the transition clause expires.
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1. The Minister of Agriculture and
Rural Development shall instruct, 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 shall be responsible for the implementation of this
Decree./.
ON BEHALF OF
THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc