THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 48-CP
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Hanoi ,August 12,
1996
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DECREE
PROVIDING SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS IN THE
DOMAIN OF AQUATIC RESOURCES PROTECTION
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Ordinance on the Protection and Development of Aquatic
Resources of April 25, 1989;
Pursuant to the Ordinance on the Handling of Administrative Violations of July
6, 1995;
At the proposal of the Minister of Aquaculture,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
regulation of Decree:
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Article 2.- Provisions
on the handling of violations:
The handling of violations committed by persons
competent to order sanctions against administrative violations in the domain of
protection of aquatic resources and violations by persons subject to
administrative sanctions in the said domain shall comply with Articles 91 and
92 of the Ordinance on the Handling of Administrative Violations of July 6,
1995.
Article 3.- Provisions
on complaints and denunciations and the settlement thereof:
All complaints and denunciations against the
handling of administrative violations in the domain of protection of aquatic
resources and the settlement thereof shall comply with Articles 87, 88 and 90
of the Ordinance on the Handling of Administrative Violations of July 7, 1995.
Chapter II
LEVELS AND FORMS OF
SANCTION AGAINST ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF AQUATIC RESOURCES
PROTECTION
Article 4.- Levels of
sanction against acts of administrative violation concerning the protection of
the habitat of aquatic animals:
1. Regarding acts of destroying or changing the
habitat of aquatic animals:
* A fine of 2,000,000 VND to 5,000,000 VND and
the confiscation of means of violation shall be imposed on one of the following
acts:
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- Illegally dismantling or building floating
structures or underwater structures in water areas.
2. Regarding acts of discharging, disposing or
leaking toxic substances, poisonous plants or other kinds of waste thus
polluting the water habitat of aquatic animals:
a/ A fine of 2,000,000 VND to 5,000,000 VND for
acts of polluting an water area of up to one hectare;
b/ A fine of 5,000,000 VND/ha for acts of
polluting water areas of more than one hectare.
In addition to the above fines, the violator
shall be forced to take measures to overcome the pollution.
Article 5.- Levels of
sanction against violations of the protection of aquatic animals:
1. A fine of 10,000 VND to 20,000 VND for each
kilo of the netted aquatic products for acts of exploiting aquatic animals of
smaller size than allowed for exploitation. Anyone transporting, selling or
processing such aquatic animals shall be subject to a fine of 5,000 VND to
10,000 VND for each kilo of aquatic products exploited.
2. A fine of 20,000 VND to 50,000 VND for each
kilo of the netted aquatic products for acts of exploiting the aquatic animals
temporarily banned from exploitation. Anyone transporting, consuming or
processing these species shall be subject to a fine of from 10,000 VND to
20,000 VND for each kilo of the aquatic products.
3. A fine of 50,000 VND to 100,000 VND for each
kilo of the netted aquatic products for acts of exploiting the aquatic animals
banned from exploitation. Anyone transporting, processing or selling aquatic
products of these species shall be subject to a fine of 20,000 VND to 30,000
VND for each kilo of the aquatic products exploited.
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Article 6.- Levels of
sanction against violations of the management of the aquatic resources
exploitation:
1. Violations of the management of fishing
grounds:
a/ A fine of 200,000 VND to 1,000,000 VND for
acts of exploiting aquatic resources without a fishing permit granted by the
competent authority.
b/ A fine of 100,000 VND to 200,000 VND for acts
of exploiting aquatic resources without a permit for moving in the fishing
grounds where such permits are required.
2. A fine of 200,000 VND to 500,000 VND for one
of the following acts:
a/ Setting brushwood, fishing hecks, cages or
rafts for illegal exploitation of aquatic resources, thus affecting fishery or
hindering the migration of aquatic animals in the breeding season.
b/ Using sources of light exceeding the
prescribed capacity by 20% or more for each type of aquatic resources
exploitation.
Apart from the above-mentioned fines, the
violator shall be forced to re-set the brushwood or fishing hecks and have
his/her overcharged sources of light confiscated.
3. A fine of 500,000 VND to 1,000,000 VND for
one of the following acts:
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b/ Producing, trading in or using aquatic
resource-exploiting tools on the ban list.
Apart from the above-mentioned fines, the
violator shall have his/her nets with meshes smaller than the prescribed size
and aquatic-resource exploiting tools on the ban list confiscated.
4. Regarding acts of using electricity boosters
to exploit aquatic resources:
a/ A fine of 200,000 VND to 500,000 VND for acts
of using portable batteries or electricity boosters to exploit aquatic
resources in fields, ponds, lakes, canals, streams, rivers or swamps.
b/ A fine of 1,000,000 VND to 4,000,000 VND for
acts of using batteries, generators placed on boats together with small-meshed
fishing nets, electricity boosters to exploit aquatic resources.
Apart from the above-mentioned fines, the
violator shall have his/her exploiting means and the caught aquatic products
confiscated.
5. A fine of 2,000,000 VND to 5,000,000 VND and
the confiscation of the exploiting means together with the caught aquatic
products for the use of toxic chemicals or poisonous plants elements to exploit
aquatic resources.
6. A fine of 5,000,000 VND to 10,000,000 VND and
the confiscation of the exploiting means together with the caught aquatic
products for the use of explosives to exploit aquatic resources. Anyone
transporting, processing or selling such aquatic products shall be subject to a
fine of 10,000 VND to 20,000 VND for each kilo of aquatic products.
7. A fine of 2,000,000 VND to 5,000,000 VND, a
forcible release of live aquatic animals back into their habitats and the
confiscation of the remaining aquatic products for acts of exploiting aquatic
resources in the prohibited areas.
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1. Violations of regulations on ship and boat
building and repairing:
a/ A fine of 200,000 VND to 500,000 VND for acts
of building, regrading ships or boats without permit (for ships and boats that
require permits).
b/ A fine of 500,000 VND to 1,000,000 VND for
acts of building ships or boats without a design dossier (for ships and boats
of prescribed sizes that require designs).
2. Violations of the regulations on registration
and registration for inspection:
A fine of 500,000 VND to 1,000,000 VND shall be
levied on the owners of ships or boats that require registration, inspection
registration and lists of the crew members who commit one of the following
acts:
- Using ships or boats which have not been
registered for fishing activities.
- Changing the ownership of the ship or boat,
moving the ship or boat to another area or making an overall repair that
changes the basic parameters of the ship or boat without renewing the
registration.
- Having no list of crew members.
- Using ships or boats which have no
certificates of the inspection registration or for which the time limit for the
inspection registration has expired.
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a/ A warning shall be served against an act of
improper writing of the registration numbers on ships or boats or leaving the
registration numbers illusive (for ships and boats that require registration
numbers).
b/ A fine of 20,000 VND to 50,000 VND for the
aquatic resources exploiters on board ships or boats without enough necessary
papers.
c/ A fine of 50,000 VND to 100,000 VND for the
failure to write the ship or boat registration number (for ships and boats that
require registration numbers).
d/ A fine of 500,000 VND to 1,000,000 VND for
driving a ship or boat or operating a ship engine without license or using
other person�s license
(for ships and boats that require operating license).
e/ A fine of 200,000 VND to 1,000,000 VND for
one of the following acts:
- Evading or obstructing the inspection and
control by the aquatic resources protection force.
- Failing to observe or observing not fully or
improperly the regulations on operating ships and boats in and out of the
shipping lanes or anchoring at ports or wharves.
- Failing to observe or observing not fully or
improperly the regulations on the installation of signals on ships or boats
which are fishing or sailing on the sea.
Apart from the fines mentioned in Points 1, 2, 3
of this Article the violator shall be forced to comply with the provisions on
the building, repairing, registering, registering for inspection and operating
ships and boats.
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1. A fine of 500,000 VND to 1,000,000 VND for
one of the following acts:
a/ Conducting aquaculture outside the general
plan or without plan, thus causing bad consequences to the ecological
environment or badly affecting production and business establishments that
legally operate in the locality.
b/ Trading in aquatic breeds or feeds illegally
or without registration as stipulated.
2. A fine of 1,000,000 VND to 2,000,000 VND for
one of the following acts:
- Producing and multiplying new breeds which
have not been recognized by the Ministry of Aquaculture.
- Moving a new breed from one province to
another without a permit.
3. A fine of 5,000,000 VND to 10,000,000 VND for
the import or export of aquatic breeds without permit.
4. A fine of 2,000,000 VND to 5,000,000 VND for
the import or export of aquatic feeds without permit.
Apart from the fines mentioned in Points 1, 2,
3, 4 of this Article the violators shall be forced to fully observe all the
current provisions.
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1. Violations concerning the prevention of
diseases for aquatic animals:
a/ A fine of 200,000 VND to 500,000 VND shall be
levied on an establishment that raises aquatic animals, produces aquatic breeds
or feeds (except for small and self-procurement production and business
households) for one of the following acts it commits:
- Failing to take compulsory preventive measures
prescribed by the Ministry of Aquaculture.
- Failing to observe regulations on veterinary
sanitation for aquatic animals.
- Failing to declare to the agency in charge of
the aquatic resources protection when discovering that the aquatic animals
raised in their stations or farms have been infected with diseases.
b/ A fine of 500,000 VND to 1,000,000 VND for
one of the following acts:
- Discarding bodies of the diseased aquatic
animals into water areas.
- Using diseased aquatic animals as breeds, for
breeding or producing raw aquatic feeds.
- Failing to take necessary measures for waste
treatment to get rid of disease-germs when processing aquatic products.
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- Discharging untreated water or waste from
areas infected with aquatic diseases to other water areas;
- Failing to take measures against aquatic
epidemics when a decision has been issued to disclose such epidemics;
- Moving aquatic animals out of an epidemic area
when there is no decision yet to annul the decision to declare the epidemic.
Apart from the fines mentioned above, the
violator shall be forced to take measures to prevent and combat epidemic for
aquatic animals and destroy the already infected aquatic animals.
2. Violations of regulations on aquatic quarantine.
a/ A fine of 1,000,000 VND to 2,000,000 VND for
one of the following acts:
- Transporting aquatic breeds (including parent
breeds) from one province to another without quarantine certificates granted by
agencies in charge of aquatic resources protection.
- Failing to comply with the provisions on
veterinary inspection and quarantine.
b/ A fine of 5,000,000 VND to 10,000,000 VND for
acts of evading the quarantine of aquatic animals to be exported, imported,
temporarily imported for re-export, transited or transported through the
territory of Vietnam.
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3. Violations of regulations on the management
of veterinary drugs for aquatic animals.
a/ A fine of 500,000 VND to 1,000,000 VND for
one of the following acts:
- Producing or trading in aquatic veterinary
drugs without permit.
- Producing or trading in veterinary drugs which
have not been recognized by the Ministry of Aquaculture.
b/ A fine of 2,000,000 VND to 5,000,000 VND for
acts of exporting or importing aquatic veterinary drugs, semi-products or
materials used for the production of such drugs without permit.
Article 10.- Levels of
sanction against acts of violation concerning the use of permits:
1. Warning and withdrawal of permit shall be
imposed on acts of using permits not granted by the competent agency.
2. A fine of 20,000 VND to 100,000 VND and
compulsory change for new permits shall be imposed on acts of using an expired
permit.
3. A fine of 200,000 VND to 500,000 VND and
compulsory suspension shall be imposed on acts of fishing at variance with the
permit.
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The false papers and amended papers shall be
confiscated.
5. Any act of producing or trading in fake
aquatic veterinary drugs or counterfeiting papers on the management, production
and business of aquatic products shall be handled in accordance with current
legislation.
Chapter III
COMPETENCE, PROCEDURES
AND MEASURES FOR HANDLING VIOLATIONS
Article 11.- Competence
to decide sanctions:
1. The Presidents of the People�s Committees of communes,
wards and townships (hereafter referred to as the communal level) shall have
the right:
a/ To issue warnings;
b/ To impose fines of up to 200,000 VND;
c/ To confiscate tools and equipment valued at up
to 500,000 VND used in administrative violations;
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e/ To force the restoration of the original
sate, which has been changed by the administrative violation;
f/ To suspend acts causing pollution to the
living environment of aquatic animals or the spread of epidemics to aquatic
animals;
g/ To force the destruction of the infected
animals;
2. The Presidents of the People�s Committees of districts,
provincial towns and cities (hereafter referred to as district level) shall
have the right:
a/ To issue warnings;
b/ To impose fines of up to 10,000,000 VND;
c/ To revoke the right to use the permit ( with
regard to permits granted by the higher-level State agency, he/she shall order
the suspension of the acts of violation and propose the competent State agency
to withdraw the permit);
d/ To confiscate objects and equipment used in
the administrative violation;
e/ To force the restoration of the original
state which has been altered by the administrative violation or force the
dismantlement of the illegal floating constructions or underwater structures
which affect the living environment of aquatic animals;
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g/ To force the compensation for damages of up
to 1,000,000 VND caused by the administrative violation;
h/ To force the destruction of the infected
aquatic animals.
3. The Presidents of the People�s Committees of the provinces
and cities directly under the Central Government (hereafter referred to as the
provincial level) shall have the right:
a/ To exercise the rights prescribed in Points
a, c, d, e, f, g, h, Item 2 of this Article;
b/ To impose fines of up to 100,000,000 VND.
4. The Inspector for the protection of aquatic
resources shall have the right:
a/ To issue warnings;
b/ To impose fines of up to 200,000 VND;
c/ To confiscate objects and equipment valued up
to 500,000 VND used for administrative violations;
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e/ To force the application of measures to
redress the pollution of the living environment of aquatic animals or the
spread of epidemics to aquatic animal due to the administrative violation;
f/ To force the destruction of the infected
aquatic animals.
5. The provincial General Inspector for the
protection of aquatic resources, the Director of the provincial Department for
aquatic resources protection (where there is not yet a provincial inspection
organization specializing in aquatic resources protection) shall have the
right:
a/ To issue warnings;
b/ To impose fines of up to 10,000,000 VND;
c/ To revoke the right to use the permit within
his/her competence;
d/ To confiscate the objects and equipment used
for the administrative violation;
e/ To force the restoration of the original
state which has been altered by the administrative violation or force the
dismantlement of the illegal floating or underwater constructions which affect
the living environment of aquatic animals.
f/ To force the application of measures to
overcome the pollution of the living environment of aquatic animals or the
spread of epidemics to aquatic animals due to the administrative violation;
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h/ To force the destruction of the infected
aquatic animals.
6. The General Inspector for the protection of
aquatic resources at central level shall have the right:
a/ To exercise the rights mentioned in Points a,
c, d, e, f, g, h, Item 5 of this Article;
b/ To impose fines of up to 20,000,000 VND.
Article 12.- Procedures
for the handling of administrative violations
1. When handling an administrative violation,
the competent person shall have to comply with provisions of Article 45 to
Article 56 of the Ordinance on the Handling of Administrative Violations of
July 6, 1995.
2. Organizations and individuals subject to
fines shall have to pay them at collection points or authorized collection
points of the State Treasury written in the fining decision. Anyone who fail to
pay fines in time shall be forced to do so.
All acts of collecting fines on the spot shall
be strictly forbidden.
Chapter IV
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Article 13.- This
Decree shall replace Decree No.85-CP of November 22, 1993 of the Government
promulgating the "Regulations on the Handling of Administrative Violations
in the Domain of the Management and Protection of Aquatic Resources".
All provisions on the handling of administrative
violations in the domain of protection of aquatic resources which are contrary
to this Decree are now annulled.
Article 14.- This
Decrees takes effect from the date of its signing. The Minister of Aquaculture shall
guide, inspect and urge the implementation of this Decree.
The Ministers, the Heads of the
ministerial-level agencies and agencies attached to the Government, the
Presidents of the People’s Committees of the provinces and cities directly
under the Central Government shall have to implement this Decree.
THE
GOVERNMENT
Phan Van Khai