THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
70/2003/ND-CP
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Hanoi,
June 17, 2003
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DECREE
STIPULATING THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN
THE AQUATIC RESOURCE DOMAIN
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the April 25, 1989 Ordinance on Aquatic Resources Protection and
Development;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative
Violations;
At the proposal of the Aquatic Resources Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Regulation scope
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2. Administrative violations in the aquatic
resource domain are acts of violating the regulations on State management in
the aquatic resource domain, which are intentionally or unintentionally committed
by organizations and/or individuals, but are not crimes and, according to the
provisions of the Ordinance on Handling of Administrative Violations and this
Decree, must be administratively sanctioned.
3. The administrative violations in the aquatic resource
domain, prescribed in this Decree, include:
a) Violation of regulations on aquatic resource
protection;
b) Violation of regulations on aquatic resource
exploitation and fishing ship management;
c) Violation of regulations on aquaculture;
d) Violation of regulations on aquatic-product
processing;
e) Violation of regulations on aquatic resource
service business lines and aquatic goods labels.
Article 2.- Subjects to be sanctioned
1. Vietnamese organizations and individuals as
well as foreign organizations and individuals, that commit acts of
administrative violation in the aquatic resource domain, shall all be
sanctioned under the provisions of this Decree, except otherwise provided for
by relevant international treaties which Vietnam has signed or acceded to.
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2. The sanction against minors who commit
administrative violations in the aquatic resource domain shall comply with the
provisions in Clause 1, Article 7 of the Ordinance on Handling of
Administrative Violations.
Article 3.- Sanctioning principles.
The principles for sanctioning administrative
violations in the aquatic resource domain shall comply with the provisions in
Article 3 of the Ordinance on Handling of Administrative Violations.
Article 4.- Extenuating circumstances, aggravating circumstances
The extenuating circumstances and the
aggravating circumstances to be applied in sanctioning acts of violation
prescribed in Chapter II of this Decree shall comply with the provisions in
Articles 8 and 9 of the Ordinance on Handling of Administrative Violations.
Article 5.- The statue of limitations for sanctioning administrative
violations
1. The statute of limitation for sanctioning of
an administrative violation in the aquatic resource domain shall be one year,
counting from the date the administrative violation is committed; particularly
for administrative violations related to the protection of living habitat of
aquatic species, the export and import of aquatic goods, production of or
trading in fake goods, such statute of limitation shall be two years.
If the above-mentioned time limits have passed
by, sanctions shall not be imposed, but consequence-overcoming measures
prescribed in this Decree shall still be applied.
2. If the persons with sanctioning competence
are at fault in letting the statute of limitation for sanctioning
administrative violations pass by, they shall be handled according to the
provisions in Article 121 of the Ordinance on Handling of Administrative
Violations.
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If organizations and individuals, that are
sanctioned for administrative violations, do not relapse into violations within
one year as from the date of completely serving the sanctioning decisions or
the date when the statute of limitation for executing the sanctioning decisions
expires, they shall be considered as not yet being sanctioned for
administrative violations.
Article 7.- Principal forms of sanctioning administrative violations and
consequence-overcoming measures.
1. For each act of administrative violation, the
violating organizations or individuals shall be subject to one of the following
sanctioning forms:
a) Caution.
b) Fines.
2. In addition to the principal sanctioning
forms, depending on the nature and seriousness of violations, organizations and
individuals committing administrative violations in the aquatic resource domain
may also be subject to the application of one of the following additional
sanctioning forms:
a) Deprivation of the right to use license,
practicing certificates for a definite or indefinite time;
b) Confiscation of material evidences, means
used for committing administrative violations.
3. Apart from the principal sanctioning forms
and the additional sanctioning forms, prescribed in Clauses 1 and 2 of this
Article, the violating organizations and individuals may also be subject to the
application of one or many of the following consequence-overcoming measures:
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b) Forced application of measures to overcome
the environmental pollution, epidemic spreads due to the violations;
c) Forced taking out of Vietnam or forced
re-export of goods, articles, means;
d) Forced destruction of articles, reared
animals and/or cultivation plants which cause harm to human health, to aquatic
animals and/or plants and cause environmental pollution.
The violating individuals and organizations
shall have to bear all expenses for the application of the above-mentioned
measures.
Chapter II
ACTS OF ADMINISTRATIVE VIOLATION IN THE AQUATIC
RESOURCE DOMAIN, SANCTIONING FORMS AND LEVELS
Section A. VIOLATION OF
REGULATIONS ON AQUATIC RESOURCE PROTECTION
Article 8.- Violation of regulations on protection of habitats of
aquatic species
1. A fine of between VND 1,000,000 and 3,000,000
for acts of pouring or discharging oils, greases, toxic chemicals, poisonous
plants or other wastes, thus polluting the habitats of aquatic species.
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3. A fine of between VND 2,000,000 and 5,000,000
for acts of destroying reefs, coral reefs, submerged forests, underwater flora
fields, except for force majeure cases where fishing ships must be anchored or
moored.
4. The sanctioning of acts of violating the
regulations on conservation zones related to the aquatic resource domain shall
comply with the Governments Decree No.26/CP of April 26, 1996 prescribing the
sanctioning of administrative violations in the field of environmental
protection.
5. Additional sanctioning forms and
consequence-overcoming measures:
a) Forced application of measures to overcome
the environmental pollution, for acts prescribed in Clause 1 of this Article;
b) Forced restoration of the original state, for
acts prescribed in Clause 2 of this Article;
c) Confiscation of material evidences and
violating means (except fishing ships), for acts prescribed in Clauses 2 and 3
of this Article.
Article 9.- Violation of regulations on protection of aquatic species
1. The fine levels for acts of exploiting
aquatic resources if the volume of aquatic resources which are of sizes smaller
than the sizes permitted for mixed exploitation shall be as follows:
a) A fine of between VND 500,000 and under
1,500,000 if the volume exceeds the permitted level of mixed exploitation by
under 100 kg;
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c) A fine of between VND 3,000,000 and under
5,000,000 if the volume exceeds the permitted level of mixed exploitation by
from 500 kg to under 1,000 kg;
d) A fine of between VND 5,000,000 and
10,000,000 if the volume exceeds the permitted level of mixed exploitation by
over 1,000 kg.
2. The fine levels for acts of exploiting
aquatic resources in areas prohibited from exploitation or being in the period
of exploitation ban shall be as follows:
a) A fine of between VND 1,000,000 and under
3,000,000 if the aquatic resource volume is under 100 kg;
b) A fine of between VND 3,000,000 and under
5,000,000 if the aquatic resource volume ranges from 100 kg to under 500 kg;
c) A fine of between VND 5,000,000 and under
10,000,000 if the aquatic resource volume ranges from 500 kg to under 1,000 kg;
d) A fine of between VND 10,000,000 and
15,000,000 if the aquatic resource volume exceeds 1,000 kg.
3. The fine levels for acts of exploiting
aquatic species on the list of those banned from exploitation under the
provisions of law shall be as follows:
a) A fine of between VND 5,000,000 and under
8,000,000 if the aquatic resource volume is under 50 kg;
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c) A fine of between VND 12,000,000 and under
15,000,000 if the aquatic resource volume ranges from 100 kg to under 300 kg;
d) A fine of between VND 15,000,000 and under
20,000,000 if the aquatic resource volume ranges from 300 kg to under 500 kg;
e) A fine of between VND 20,000,000 and 30,000,000
if the aquatic resource volume exceeds 500 kg.
4. Additional sanctioning forms and
consequence-overcoming measures:
a) Confiscation of illegally exploited aquatic
resource volume and forced release of alive aquatic resources back into their
habitats, for acts prescribed in Clauses 1, 2 and 3 of this Article.
b) Confiscation of material evidences, violating
means (except fishing ships) and deprivation of the right to use permits for 6
months, for acts prescribed in Clauses 2 and 3 of this Article in case of
causing serious consequences.
Section B. VIOLATION OF
REGULATIONS ON AQUATIC RESOURCE EXPLOITATION AND FISHING SHIP MANAGEMENT
Article 10.-
Violation of regulations on aquatic resource
exploitation
1. Caution or a fine of between VND 50,000 and
100,000 for placing fishing gears in contravention of regulations or without
permission.
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a) Using searchlights to exploit aquatic
resources with the total output exceeding the prescribed level or failing to
comply with the Aquatic Resources Ministrys regulations on the distance between
the locations where searchlights are placed and other fishing gears;
b) Using fishing nets with meshes being smaller
than the prescribed sizes to exploit aquatic resources;
c) Using hand-carried electric shock-generating
devices to exploit aquatic resources;
d) Using expired permits to exploit aquatic
resources;
e) Having no aquatic resource exploitation
diaries, failing to write up the aquatic resource exploitation diaries or
failing to observe the regime of reporting on aquatic resource exploitation
according to the regulations of the Aquatic Resources Ministry.
3. A fine of between VND 200,000 and 400,000 for
acts of operating in contravention of the contents inscribed in the aquatic
resource exploitation permits.
4. A fine of between VND 500,000 and 1,500,000
for acts of exploiting aquatic resources without permits (for fishing trades
which require permits).
5. A fine of between VND 1,000,000 and 3,000,000
for one of the following acts:
a) Using forged permits or erased, modified
permits;
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6. A fine of between VND 2,000,000 and 4,000,000
for acts of using toxic chemicals or poisonous plants to exploit aquatic
resources.
7. A fine of between VND 5,000,000 and 7,000,000
for acts of using explosives to exploit aquatic resources.
8. Additional sanctioning forms and
consequence-overcoming measures:
a) Forced re-planting of fishing gears strictly
according to regulations, for acts prescribed in Clause 1 of this Article;
b) Confiscation of the number of electric bulbs
corresponding to the output exceeding the prescribed levels, for acts
prescribed at Point a, Clause 2 of this Article;
c) Confiscation of fishing nets with meshes
being smaller than the prescribed sizes, for acts prescribed at Point b, Clause
2 of this Article;
d) Confiscation of exploited aquatic resources,
for acts prescribed in Clause 1, Points b, c and d of Clause 2, Clause 3,
Clause 4, Clause 5 and Clause 7 of this Article;
e) Confiscation of forged papers, erased or
modified papers, for acts prescribed at Point d, Clause 2, Point a of Clause 5,
of this Article;
f) Forced destruction of electric
shock-generating devices, for acts prescribed at Point c of Clause 2 and Point
b of Clause 5, of this Article;
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Article 11.- Violation of regulations on management of fishing ships
1. Caution or a fine of between VND 50,000 and
100,000 for one of the following acts:
a) Failing to observe the Aquatic Resources
Ministrys regulations on conditions to ensure food hygiene and safety on
fishing ships;
b) Failing to provide adequate equipment or
failing to ensure the quality of equipment and facilities for ensuring safety
for people and means as provided for;
c) Failing to have adequate prescribed papers by
aquatic resource exploitation practitioners when they are onboard the ships or
boats;
d) Failing to inscribe the granted registration
numbers on fishing ships or inscribing them thereon not according to
regulations or letting the registration numbers be dim;
e) Having no crew members books, for fishing
ships which require books of crew members;
2. A fine of between VND 100,000 and 300,000 for
one of the following acts:
a) Failing to observe or observing not fully the
regulations when operating ships or boats in and out of navigation channels or
when anchoring or mooring at ports or wharves;
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3. A fine of between VND 300,000 and 700,000 for
one of the following acts:
a) Failing to acquire the prescribed
professional diplomas by ship, boat or engine operators;
b) Using fishing ships with books of
certification of their operating capacity having already expired, or been
erased, modified.
4. A fine of between VND 500,000 and 1,500,000,
for acts of using unregistered and uninspected ships or boats in fishing
operations.
5. A fine of between VND 1,000,000 and
3,000,000, for acts of using forged papers on fishing ship registration and
inspection.
6. A fine of between VND 1,000,000 and 2,000,000
on means owners for transforming fishing ships without design dossiers approved
by competent agencies (for fishing ships with sizes and types requiring designs
as provided for by the Aquatic Resources Ministry).
7. A fine of between VND 2,000,000 and 4,000,000
on means owners for building their new fishing ships without design dossiers
approved by competent agencies (for fishing ships with sizes and types
requiring designs as provided for by the Aquatic Resources Ministry).
8. Additional sanctioning forms and
consequence-overcoming measures:
a) Confiscation of forged papers, erased,
modified or expired papers, for acts prescribed at Point b of Clause 3, and
Clause 5 of this Article;
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Section C. VIOLATION OF
REGULATIONS ON AQUACULTURE
Article 12.- Violation of regulations on producing, selling aquatic
breeds
1. A fine of between VND 500,000 and 1,500,000
on breed-producing and selling establishments for one of the following acts:
a) Failing to ensure the standards on veterinary
hygiene and environmental protection for ponds, tanks, equipment and devices
used in production, water supply systems, waste water treatment systems under
the regulations of the Aquatic Resources Ministry;
b) Having no managerial officials or technical
workers with professional qualifications as provided for by the Aquatic
Resources Ministry;
c) Failing to publicize the quality of breeds;
d) Selling breeds which fail to meet the
publicized quality standards or fail to meet the standards promulgated by the
Aquatic Resources Ministry.
e) Failing to quarantine breeds before they are
sold.
2. A fine of between VND 2,000,000 and 4,000,000
for one of the following acts:
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b) Using feeds, chemicals, antibiotics, aquatic
veterinary drugs, which are on the list of those restricted from use, not in
accordance with the regulations of the Aquatic Resources Ministry, or using
those on the ban list.
3. A fine of between VND 3,000,000 and 5,000,000
for acts of using forged, erased or modified quarantine certificates.
4. A fine of between VND 5,000,000 and 7,000,000
for the following acts:
a) Producing, selling or transporting aquatic
breeds not on the list of those permitted for ordinary use, prescribed by the
Aquatic Resources Ministry;
b) Producing, selling or transporting aquatic
breeds on the ban list prescribed by the Aquatic Resources Ministry.
5. A fine of between VND 20,000,000 and
30,000,000 for one of the following acts:
a) Importing into Vietnam aquatic breeds outside
the list of those permitted for ordinary use (if not approved by the Aquatic
Resources Ministry) or on the ban list prescribed by the Aquatic Resources
Ministry;
b) Exporting aquatic breeds on the list of those
banned from export (if not approved by the Aquatic Resources Ministry).
6. Additional sanctioning forms and consequence-
overcoming measures:
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b) Forced quarantine, for acts prescribed at
Point e of Clause 1, Point a of Clause 2 of this Article;
c) Forced destruction of aquatic feeds,
chemicals, aquatic veterinary drugs, which are on the ban lists, for acts
prescribed at Point b, Clause 2 of this Article;
d) Forced destruction of aquatic breeds, for
acts prescribed in Clause 4 of this Article;
e) Confiscation of aquatic breeds and forced
destruction of aquatic species banned from use, for acts prescribed at Point a,
Clause 5 of this Article;
f) Confiscation of aquatic breeds and forced
release of alive aquatic animals back into their habitats, for acts prescribed
at Point b, Clause 5 of this Article.
Article 13.- Violation of regulations on aquaculture
1. A fine of between VND 500,000 and 1,500,000
for one of the following acts:
a) Failing to observe the Aquatic Resources
Ministrys regulations on management of the environment of the concentrated
rearing areas;
b) Failing to observe the Aquatic Resources Ministrys
regulations on inspection and recognition of aquatic production and/or business
establishments which meet the food hygiene standards;
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d) Failing to observe the Aquatic Resources
Ministrys regulations on control of toxin residues in aquatic animals and the
products of reared aquatic animals.
2. A fine of between VND 2,000,000 and 4,000,000
for acts of using aquatic feeds, chemicals, antibiotics, aquatic veterinary
drugs, which are on the lists of those banned from use.
3. Consequence-overcoming measures:
a) Forced observance of the regulations on
management of aquaculture areas, for acts prescribed in Clause 1 of this
Article;
b) Forced destruction of aquatic feeds,
chemicals, aquatic veterinary drugs, which are on the lists of those banned
from use, for acts prescribed in Clause 2 of this Article.
Article 14.-
Violation of the regulations on aquatic epidemic
prevention
1. A fine of between VND 500,000 and 1,500,000
for acts of failing to apply compulsory epidemic-preventing measures under the
Aquatic Resources Ministrys regulations.
2. A fine of between VND 2,000,000 and 4,000,000
for one of the following acts:
a) Failing to apply measures to prevent and
combat aquatic epidemics when there are decisions to declare the epidemics;
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c) Pouring or discharging aquatic drugs,
chemicals or feeds already expired or banned from use; bodies, water used for
cleaning diseased aquatic animals into natural water areas, aquaculture water
areas;
d) Discharging water or wastes, which have not
yet been treated or have been treated below the prescribed standards into
aquaculture water areas.
3. A fine of between VND 5,000,000 and 7,000,000
for acts of failing to observe the regulations on quarantine when importing, temporarily
importing for re-exporting or transiting aquatic species through Vietnamese
terrority.
4. Consequence-overcoming measures:
a) Forced application of measures to prevent
epidemics, for acts prescribed in Clause 1; Points a, c and d, Clause 2, of this
Article;
b) Forced destruction of diseased aquatic
resources, for acts prescribed at Point b, Clause 2 of this Article.
c) Forced observation of regulations on
quarantine of aquatic species, for acts prescribed in Clause 3 of this Article.
Section D. VIOLATION OF
REGULATIONS ON AQUATIC RESOURCE PROCESSING
Article 15.-
Violation of regulations on aquatic resource processing
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a) Failing to observe or observing not fully the
regulations of the Aquatic Resources Ministry and the Health Ministry on
conditions to ensure food hygiene and safety;
b) Failing to observe the Aquatic Resources Ministrys
regulations on inspection and recognition of aquatic resource production and
business establishments meeting food hygiene and safety standards.
2. A fine of between VND 3,000,000 and 5,000,000
on aquatic resource-processing establishments for one of the following acts:
a) Failing to publicize the goods quality
standards as prescribed for establishments which are compelled to publicize
them;
b) Failing to ensure the goods quality standards
as publicized by the establishments;
c) Processing aquatic species exploited in the
period of exploitation ban.
3. A fine of between VND 5,000,000 and 7,000,000
on aquatic resource- processing establishments operating by industrial mode for
one of the following acts:
a) Failing to observe the Aquatic Resources
Ministrys regulations on inspection and recognition of aquatic resource
production and/or business establishments meeting the food hygiene and safety
standards;
b) Having no technical officials or technical
workers with professional qualifications prescribed by the Aquatic Resources
Ministry;
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4. A fine of between VND 8,000,000 and
12,000,000 for acts of processing aquatic species on the list of those banned
from exploitation.
5. A fine of between VND 15,000,000 and
20,000,000 for one of the following acts:
a) Using banned additives, chemicals,
disinfectants;
b) Using additives, chemicals, disinfectants not
on the lists of those permitted for use, prescribed by the Aquatic Resources
Ministry;
c) Processing aquatic resources containing
impurities;
d) Processing aquatic resources with origin from
regions banned from harvesting;
e) Processing aquatic resources containing
natural toxins which cause harms to human health.
6. Additional sanctioning forms and
consequence-overcoming measures:
a) Forced observance of regulations on food
hygiene and safety, quality control, for acts prescribed in Clause 1, Points a
and b of Clause 2, and Clause 3, of this Article;
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c) Confiscation of aquatic resources, for acts
prescribed at Point c of Clause 2; Clause 4; Point c, Clause 5, of this Article.
d) Forced destruction of aquatic resources, for
acts prescribed at Points d and e, Clause 5 of this Article.
Section E. VIOLATION OF
REGULATIONS ON PRACTICING AQUATIC SERVICE BUSINESS AND AQUATIC GOODS LABELS
Article 16.-
Violation of regulations on producing and/or selling
chemicals, aquatic veterinary drugs, aquatic feeds.
1. A fine of between VND 200,000 and 400,000 on
managers, technical officials and direct salespersons of the aquatic veterinary
drug- producing and/or- selling establishments for having no professional
practice certificates granted by competent agencies.
2. A fine of between VND 1,000,000 and 3,000,000
for the following acts:
a) Producing aquatic veterinary drugs other than
those already registered for production;
b) Having no certificates of registration for
aquatic veterinary drug productions, granted by competent agencies, for aquatic
veterinary drug production establishments;
c) Having no certificates of full satisfaction
of conditions for trading in aquatic veterinary drugs or aquatic feeds, granted
by competent agencies, for establishments selling aquatic veterinary drugs or
aquatic feeds;
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3. A fine of between VND 5,000,000 and
7,000,000, for one of the following acts:
a) Failing to publicize goods quality standards
according to regulations by establishments producing and/or trading in
chemicals, aquatic veterinary drugs or aquatic feeds;
b) Failing to ensure the goods quality under the
publicized standards by establishments producing or selling chemicals, aquatic
veterinary drugs or aquatic feeds;
c) Selling chemicals, aquatic veterinary drugs
or aquatic feeds with use duration expiry.
4. A fine of between VND 10,000,000 and
15,000,000 for one of the acts of producing, selling the following additives,
chemicals, aquatic feeds, aquatic veterinary drugs:
a) Being not on the lists of those permitted for
ordinary use under the regulations of the Aquatic Resources Ministry;
b) Containing substances banned from use under
the regulations of the Aquatic Resources Ministry.
5. Additional sanctioning forms and
consequence-overcoming measures:
a) Confiscation of forged, modified or erased
papers, for acts prescribed at Point d, Clause 2 of this Article;
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c) Forced destruction of goods, for acts
prescribed at Point c, Clause 3 and Clause 4 of this Article.
Article 17.-
Violation of regulations on aquatic veterinary services
1. A fine of between VND 200,000 and 400,000 on
practitioners of aquatic veterinary service business for having no professional
practice certificates granted by competent agencies;
2. A fine of between VND 1,000,000 and 3,000,000
for acts of using forged, modified or erased certificates of professional
practice.
3. Additional sanctioning forms:
Confiscation of forged, modified or erased
papers, for acts prescribed in Clause 2 of this Article.
Article 18.-
Violation of regulations on collection, preservation and
transportation of fresh or processed aquatic resources
1. A fine of between VND 500,000 and 1,500,000
for acts of collecting, preserving and transporting fresh or processed aquatic
resources not in compliance with the Aquatic Resources Ministrys regulations on
conditions to ensure food hygiene and safety.
2. A fine of between VND 3,000,000 and 5,000,000
for one of the following acts:
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b) Collecting, preserving, transporting and/or
consuming aquatic resources with origin from regions banned from harvesting.
3. A fine of between VND 8,000,000 and
12,000,000 for acts of collecting, preserving and/or transporting aquatic
resources on the list of those banned from exploitation.
4. A fine of between VND 15,000,000 and
20,000,000 for one of the following acts:
a) Using banned additives, chemicals or
disinfectants to preserve aquatic resources;
b) Using additives, chemicals, disinfectants not
on the lists of those permitted for use to preserve aquatic resources;
c) Putting impurities into processed raw
materials aquatic resources;
d) Collecting, preserving, transporting and/or
consuming aquatic resources or aquatic products containing natural toxins which
cause harms to human health.
5. Additional sanctioning forms and
consequence-overcoming measures:
a) Confiscation of aquatic resources and release
of alive aquatic resources back into their habitats, for acts prescribed at
Clauses 2 and 3 and Point c of Clause 4 of this Article;
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c) Forced destruction of aquatic resources, for
acts prescribed at Point d, Clause 4 of this Article.
Article 19.- Violation of regulations on producing and selling
life-equipment and devices
1. A fine of between VND 2,000,000 and 4,000,000
for the following acts:
a) Producing life equipment and devices, which
fail to meet the quality under the publicized standards;
b) Selling life equipment and devices, which
have not yet been inspected and registered.
2. Additional sanctioning forms and
consequence-overcoming measures:
a) Confiscation of goods, for acts prescribed at
Point a, Clause 1 of this Article;
b) Forced inspection and registration, for acts
prescribed at Point b, Clause 1 of this Article.
Article 20.- Violation of regulations on operation of fish ports
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2. A fine of between VND 1,000,000 and 3,000,000
on fish ports for failing to comply with the Aquatic Resources Ministrys
regulations on inspection and recognition of fish ports meeting the food
hygiene and safety standards.
3. Consequence-overcoming measures:
a) Forced application of measures to overcome
the consequences, for acts prescribed in Clause 1 of this Article;
b) Forced application of measures to ensure food
hygiene and safety of fish ports, for acts prescribed in Clause 2 of this
Article.
Article 21.- Violation of regulations on aquatic goods labels
The handling of administrative violations on
goods labels in the aquatic resource domain shall comply with the Governments
Decree prescribing the sanctioning of administrative violations in the
commercial field.
Chapter III
SANCTIONING COMPETENCE AND PROCEDURES, EXECUTION OF
DECISIONS ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE AQUATIC RESOURCE
DOMAIN
Article 22.-
Competence of the Peoples Committees at different levels
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Article 23.- Competence of aquatic resource specialized inspectorate
1. Aquatic resource specialized inspectors at
all levels on official duties shall have the right:
a) To impose caution;
b) To impose fines of up to VND 200,000;
c) To confiscate material evidences, means used
in the administrative violations, which are valued at up to VND 2,000,000;
d) To apply consequence-overcoming measures
prescribed at Points a, b and d, Clause 3, Article 7 of this Decree.
2. The chief inspectors of the
provincial/municipal Services of Aquatic Resources (or Services of Agriculture
and Rural Development which manage aquatic resources) shall have the right:
a) To impose caution;
b) To impose fines of up to VND 20,000,000;
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d) To confiscate material evidences, means used
for administrative violations;
e) To apply consequence-overcoming measures
prescribed at Points a, b and d, Clause 3, Article 7 of this Decree.
3. The chief inspector of the Aquatic Resources
Ministry shall have the right:
a) To impose caution;
b) To impose fines of up to VND 30,000,000;
c) To strip off the right to use permits,
professional practice certificates falling under his/her jurisdiction;
d) To confiscate material evidences, means used
for administrative violations;
e) To apply consequence-overcoming measures
prescribed at Points a, b and d, Clause 3, Article 7 of this Decree.
Article 24.- Competence of the Peoples Police offices, Border Guards,
Coast Guards, Customs, Tax Offices, Market Management Agencies, directors of
Maritime Port Authorities, directors of Inland Water Port Authorities
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2. The principles for determining the competence
to sanction administrative violations in the aquatic resource domain shall
comply with the provisions in Article 42 of the Ordinance on Handling of
Administrative Violations.
Article 25.-
Procedures for sanctioning administrative violations
1. When sanctioning administrative violations,
the persons with sanctioning competence must comply with the procedures
prescribed in Articles from 53 to 63 of the Ordinance on Handling of
Administrative Violations.
2. For confiscated material evidences of
administrative violations, which are prone to cause fires or explosion like
explosives, detonators, fuse..., the persons with sanctioning competence must
carry out procedures to transfer them as soon as possible to the police offices
or local military commands for management under the Governments regulations on
management of weapons, explosive materials and support devices. When
transferring them, the records thereon must be made with the signatures of the
persons having the sanctioning competence and the representative of the
receiving party; the records must be made at least in two copies.
Article 26.-
Sending decisions on sanctioning of administrative
violations for execution
1. In cases where individuals or organizations
commit administrative violations in one locality but reside or headquarter in
other localities and have no conditions to abide by the administratively
sanctioning decisions in localities where they are sanctioned, the sanctioning
decisions shall be sent to the agencies competent to sanction administrative
violations of the same level in the localities where such individuals reside or
such organizations are headquartered for execution. In cases where there exist
no agencies competent to sanction administrative violations of the same level
in localities where such individuals resides or such organizations are
headquartered, the sanctioning decisions shall be sent to the district-level
Peoples Committees for organization of the execution thereof. The dossiers on
sanctioning of administrative violations shall be kept by the agencies which
sign the sanctioning decisions.
2. Agencies which receive the administratively
sanctioning decisions shall have to hand them to the sanctioned individuals and
organizations and organize the execution thereof under the provisions in
Article 64 of the Ordinance on Handling of Administrative Violations, then
notify the results to the agencies which sent the decisions.
3. The sending of administratively sanctioning
decisions shall apply to collect fines. The additional sanctioning forms and/or
consequence-overcoming measures (if any) must be effected immediately at the
places where violations are committed. In cases where subjects fail to
voluntarily execute or have no conditions to execute consequence- overcoming
measures (if any), the expenses for the execution thereof shall be clearly
inscribed in the sanctioning decisions for sending the sanctioning decisions.
Article 27.-
Application of measures to prevent administrative
violations and ensure the sanctioning of administrative violations
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2. The competence, order and procedures for
application of measures to prevent administrative violations and ensure the
sanctioning of administrative violations in the aquatic resource domain shall
comply with the provisions in Articles 44, 45, 46, 47, 48 and 49 of the
Ordinance on Handling of Administrative Violations.
Article 28.-
Handling of violations committed by persons competent to
handle administrative violations
The handling of violations committed by persons
competent to handle administrative violations shall comply with the provisions
in Article 121 of the Ordinance on Handling of Administrative Violations.
Article 29.-
Complaints, denunciations
The rights of organizations and individuals to
complain about decisions to sanction administrative violations and/or decisions
to apply measures to prevent administrative violations and ensure the handling
thereof; the citizens right to denounce illegal acts in handling administrative
violations; the competence, procedures and time limits for settling complaints
and denunciations shall comply with the provisions in Article 118 of the
Ordinance on Handling of Administrative Violations.
Chapter IV
IMPLEMENTATION PROVISIONS
Article 30.-
Effect of the Decree
1. This Decree takes effect 15 days after its
publication in the Official Gazette.
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3. Other regulations on sanctioning
administrative violations in the aquatic resource domain, which are contrary to
this Decree, are all hereby annulled.
Article 31.- Responsibility to guide and implement the Decree
The Aquatic Resources Minister shall have the
responsibility to guide and inspect the implementation of this Decree.
The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the Government,
and the presidents of the Peoples Committees of the provinces or centrally-run
cities shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai