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THE GOVERNMENT
OF VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 80/2026/ND-CP
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Hanoi, March 19, 2026
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DECREE
AMENDMENTS TO GOVERNMENT’S DECREE NO.
142/2017/ND-CP DATED DECEMBER 11, 2017 PRESCRIBING PENALTIES FOR ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON MARITIME, AS AMENDED BY GOVERNMENT’S DECREE
NO. 123/2021/ND-CP DATED DECEMBER 28, 2021, AND GOVERNMENT’S DECREE NO.
139/2021/ND-CP DATED DECEMBER 31, 2021 PRESCRIBING PENALTIES FOR ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON INLAND WATERWAY TRANSPORT
Pursuant to the Law on
Government Organization No. 63/2025/QH15;
Pursuant to the Law on
Organization of Local Governments No. 72/2025/QH15;
Pursuant to the Law on
Handling of Administrative Violations No. 15/2012/QH13, as amended by the Law
No. 67/2020/QH14 and the Law No. 88/2025/QH15;
Pursuant to Vietnam
Maritime Code No. 95/2015/QH13;
Pursuant to the Law on
Inland Waterway Transport No. 23/2004/QH11, as amended by the Law No.
48/2014/QH13;
At the request of the
Minister of Construction;
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Chapter
I
AMENDMENTS
TO GOVERNMENT’S DECREE NO. 142/2017/ND-CP DATED DECEMBER 11, 2017 PRESCRIBING
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON MARITIME, AS
AMENDED BY THE GOVERNMENT’S DECREE NO. 123/2021/ND-CP DATED DECEMBER 28, 2021
Article
1. Amendments to some points and clauses of Article 1
1. Clause 1 is amended as follows:
“1. This Decree deals with
administrative violations in maritime sector; completed administrative violations
and ongoing administrative violations; penalties, fines, remedial measures for
each administrative violation; power to impose penalties, specific fines
imposed by each title holder, and power to make records of administrative
violations in maritime sector; implementation of administrative penalties, and
remedial measures.”.
2. Points p, q are added following point o clause 2 as follows:
“p) Violations against
regulations on state management, inspection, examination, and imposition of
penalties for administrative violations in maritime sector.
q) Violations against
regulations on publication of information on prices and surcharges in maritime
sector.”.
Article
2. Amendments to some points and clauses of Article 4
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“c) Confiscation of
exhibits and instrumentalities of administrative violations, including:
certificates, confirmations, licenses, written approvals or authorizations,
certifications, and other documents or papers which are not issued by competent
authorities, and means used for committing administrative violations.”.
2. Clause 3 is amended as follows:
“3. In addition to the
penalties prescribed in clauses 1 and 2 of this Article, any entities
committing administrative violations in maritime sector shall also be liable to
remedial measures as prescribed in Chapter II of this Decree, including:
a) Enforced change or
revision of names of seaports, offshore oil and gas ports, port terminals,
wharves, mooring buoys, water zones or water areas in conformity with
applicable naming rules;
Enforced arrangement of
adequate port facility security officers as prescribed;
Enforced obtainment of an
approved port facility security plan as prescribed;
Enforced conduct of
quality inspections of port infrastructure facilities within the prescribed
time limits or following collisions or allisions adversely affecting the
structural integrity of maritime works;
b) Enforced arrangement or
installation of life-saving appliances on board ships as prescribed;
Enforced establishment of
aids to navigation in full compliance with applicable regulations, or enforced
assurance of their conformity with the prescribed requirements;
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Enforced demolition of
illegally constructed works or work items;
c) Enforced restoration to
the original condition, if it has been altered;
d) Enforced guarantee of
readiness, continuous and stable operation of dredging monitoring systems
installed on vessels used for transporting and discharging dredged materials
during construction activities;
dd) Enforced installation
of dredging monitoring systems on vessels used for transporting and discharging
dredged materials during construction activities;
Enforced establishment or
implementation of a maritime safety plan approved by a competent authority;
e) Enforced unloading of
any excess cargo from a motor vehicle that has not left the loading area where
its load exceeds the permitted carrying capacity;
g) Enforced formulation of
a maritime structure protection plan or enforced implementation of an approved
one;
Enforced formulation of a
disaster response plan as prescribed;
h) Enforced change or correction
of the name of the ICD to comply with the name officially announced by a
competent authority;
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i) Enforced payment of maritime
fees and charges and other relevant costs as prescribed;
Enforced reimbursement of
costs of salvaging sunken property as prescribed;
k) Enforced relocation of
obstacles on the wharf surface to the prescribed positions;
Enforced relocation to
areas permitted for the relevant class of ship;
l) Enforced disembarkation
of excess passengers or unloading of excess cargo carried on board ships;
Enforced shifting of the
ship to dedicated positions;
Enforced restoration to
the original conditions of aids to navigation or structures which have been
displaced or affected;
m) Enforced implementation
of safety measures for the transport of oversized and overweight cargo;
Enforced completion of
procedures for registration under the Vietnamese flag as prescribed;
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n) Enforced entry of
adequate and accurate electronic information on seafarers’ embarkation,
disembarkation and assignment of ranks/positions into the seafarer database of
the Vietnam Maritime and Waterway Administration (VIMAWA) as prescribed;
o) Enforced assignment of
pilots in conformity with their certificates of maritime pilotage competency or
certificates of maritime pilotage area;
Enforced full and timely
provision of pilotage services within compulsory pilotage areas or on
designated navigation routes;
Enforced use or provision
of adequate pilot transfer equipment and facilities as prescribed, or assurance
of their compliance with safety requirements;
Enforced provision of adequate
number of pilots or required facilities/equipment as prescribed;
p) Enforced removal from
the territory of the Socialist Republic of Vietnam of imported maritime signal
flares;
q) Enforced arrangement of
rest periods and hours for seafarers as prescribed;
Enforced provisions of
adequate food, drinking water and other basic necessities for seafarers working
on board ships;
Enforced payment of costs
of repatriation of seafarers;
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Enforced purchase of
mandatory insurance for seafarers working on board ships;
Enforced arrangement for
repatriation of seafarers within the prescribed time limits;
r) Enforced payment of
costs of expert assessment, inspection, measurement and analysis of
environmental samples in case a violation results in an oil spill or
environmental pollution, according to applicable cost norms and unit prices;
Enforced implementation of
measures to remedy environmental pollution, and reporting on the results of
such remedial measures;
Enforced payment of
compensation for damage caused by oil pollution within the time limit specified
by the person having the power to impose penalties in the penalty imposition decision;
s) Enforced posting, or
proper posting, of the list of organizations and individuals having signed
contracts for provision of ship-generated waste collection and treatment
services at seaports and applicable service charges as prescribed;
Enforced reporting on
management of ship-generated waste collection and treatment at seaports as
prescribed;
Enforced declaration of
waste, or submission of accurate waste declaration, to the relevant Maritime
Administration;
Enforced implementation of
measures to remedy environmental pollution caused by the spillage, dispersion
or leakage of waste during the collection of waste from ships;
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Enforced implementation of
measures to remedy environmental pollution and rectify violations against
regulations on management and control of ships’ ballast water and sediments;
t) Enforced re-conclusion
of employment contracts with seafarers in conformity with their work permits;
Enforced disembarkation by
seafarers from the ship;
Enforced rectification of
information about the position and status of ships in operation in the event of
a natural disaster;
Enforced medical
examination and treatment;
Enforced return to the
ship or a medical quarantine area;
Enforced implementation of
medical isolation, coercive medical isolation and medical treatment or control
of persons, ships and cargo carrying infectious disease pathogens.
u) Enforced return of
erased, altered or falsified certificates, confirmations, licenses, written
approvals or authorizations, certifications, documents or papers to the issuing
authorities or persons thereof.”.
Clause
3. Addition of Article 4a following Article 4
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1. The implementation of
the penalties and remedial measures prescribed herein shall comply with
provisions of the Law on Handling of Administrative Violations, and documents
providing guidelines for the implementation of this Law.
2. Violating entities
shall cooperate with relevant entities (if any) in implementing the remedial
measures specified in penalty imposition decisions in accordance with
regulations of law, and incur all costs associated from the implementation of
such remedial measures.
3. Regarding the remedial
measure which is enforced return of erased, altered or falsified certificates,
confirmations, licenses, written approvals or authorizations, certifications,
documents or papers, violating entities shall implement such remedial measure
in accordance with provisions of Article 85 of the Law on Handling of
Administrative Violations.
The competent person
issuing a decision to impose the remedial measure shall transfer the erased,
altered or falsified certificate, confirmation, license, written approval or
authorization, certification, document or paper, to the issuing authority or
person thereof.
4. Regarding the remedial
measures which is enforced payment of maritime fees and charges and other
relevant costs as prescribed:
a) The person having power
to impose administrative penalties and the violating entity shall contact and
cooperate with the maritime or inland waterway authority at the last port of
departure of the ship to determine the amounts of maritime fees and charges and
other relevant costs payable as prescribed.
b) The violating entity
shall notify the person having power to impose administrative penalties of the
results of the implementation of such remedial measure.”.
Article
4. Amendments to Article 7
“Article 7. Violations
against regulations on announcement of opening of seaport, offshore oil and gas
port, port terminal or wharf
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2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for use of erased, altered, or
falsified certificates, confirmations, licenses, written approvals or
authorizations, certifications, or documents, or those which are not issued by
competent authorities in an application for announcement of the opening of a
seaport, offshore oil and gas port, port terminal or wharf, if not liable to
criminal prosecution.
3. Additional penalty:
Confiscate certificates, confirmations, licenses, written approvals or
authorizations, certifications, or documents, which are not issued by competent
authorities, if the violation in clause 2 of this Article is committed.
4. Remedial measure:
Enforced return of erased, altered or falsified certificates,
confirmations, licenses, written approvals or authorizations, certifications,
documents or papers to the issuing authorities or persons thereof, if the
violation in clause 2 of this Article is committed.”.
Article
5. Amendments to Article 8
“Article 8. Violations
against regulations on naming and renaming of seaports, offshore oil and gas
ports, port terminals, wharves, mooring buoys, water zones or water areas
1. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for naming or renaming a seaport,
offshore oil and gas port, port terminal, wharf, mooring buoy, water zone, or
water area, inconsistently with the naming rules, or failing to notify such
naming or renaming in writing to relevant specialized maritime regulatory
authorities as prescribed.
2. Remedial measure:
Enforced change or revision of the name of a seaport, offshore oil and
gas port, port terminal, wharf, mooring buoy, water zone, or water area, in
conformity with the naming rules, if the act of naming or renaming a seaport,
offshore oil and gas port, port terminal, wharf, mooring buoy, water zone, or
water area, inconsistently with the naming rules in clause 1 of this Article is
committed.”.
Article
6. Amendments to point e clause 5 Article 10
“e) Arranging port
facility security officers in contravention of regulations.”.
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1. Point e Clause 1 is amended as follows:
“e) Carrying out
aquaculture activities within the seaport waters without obtaining permission
from a competent authority, or at a location or with duration different from
the licensed one.”.
2. Point b Clause 8 is amended as follows:
“b) Enforced establishment
of aids to navigation in full compliance with applicable regulations, or
enforced assurance of their conformity with the prescribed requirements if the
violation specified in point c clause 1 of this Article is committed;”.
3. Point c Clause 8 is amended as follows:
“c) Enforced relocation of
stake nets, floating cages, or other fishing or aquaculture facilities
positioned within the port waters in locations other than those prescribed if
the violation specified in point e or g clause 1 of this Article is committed;”.
4. Point d Clause 8 Article 12 is amended as follows:
“d) Enforced restoration
to original conditions which have been altered by the violation in point e
Clause 2 of this Article;”.
Article
8. Amendments to some points and clauses of Article 19
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“c) Illegally recovering
or extracting minerals on navigational channels, within the safety perimeter of
navigational channels or the port waters;”.
2. Point b Clause 5 is amended as follows:
“b) Enforced restoration
to the original condition which has been altered by any of the violations
prescribed in Clauses 2, 3 and points a, b, d clause 4 of this Article.”.
Article
9. Addition of point c following point b clause 1 Article 28
“c) Failure to submit
reports on operations within ICD area as prescribed.”.
Article
10. Amendments to point b clause 3 Article 32
“b) Failure to provide or
insufficiently providing documents related to the carriage of dangerous cargo
onboard the ship, or failure to fully declare information and quantity of
dangerous cargo on the dangerous cargo declaration as prescribed;”.
Article
11. Amendments to some points and clauses of Article 33
1. Clause 1 is amended as follows:
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2. Point b Clause 12 is amended as follows:
“b) Suspend the master's
certificate of competency for 03 - 06 months, if any of the violations
prescribed in clauses 8 and 10 of this Article is committed;”.
3. Clause 13 is amended as follows:
“13. Remedial measures:
a) Enforced relocation of
obstacles on the wharf surface to the prescribed positions if the violation in
point a clause 4 of this Article is committed;
b) Enforced arrangement or
installation of life-saving appliances on board ships as prescribed if the
violation in point g clause 6 of this Article is committed;
c) Enforced relocation to
areas permitted for the relevant class of ship if the violation in clause 10 of
this Article is committed.”.
Article
12. Amendments to clause 3 Article 36
“3. The following fines
shall be imposed upon watchkeeping personnel performing watchkeeping duties
with a BAC or BrAC:
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b) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed upon watchkeeping personnel
performing watchkeeping duties for having a BAC exceeding 50 but not exceeding
80 milligrams per 100 milliliters of blood or a BrAC exceeding 0,25 but not
exceeding 0,4 milligrams per liter of breath;
c) A fine ranging from VND
20.000.000 to VND 35.000.000 shall be imposed upon watchkeeping personnel
performing watchkeeping duties for having a BAC exceeding 80 milligrams per 100
milliliters of blood or a BrAC exceeding 0,4 milligrams per liter of breath.”.
Article
13. Amendments to Article 40
“Article 40. Violations
against regulations on ship registration and deregistration; use of
certificates of ships, official-duty ships, submarines, submersibles, floating
production storage units and mobile offshore units
1. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for one of the following
violations:
a) Failure to carry out
registration of changes as prescribed;
b) Failure to carry out
registration of a change of ownership following purchase, sale, or transfer of
ownership;
c) Failure to follow
procedures for replacement of the minimum safe manning certificate upon a
change of ship management and operation company;
d) Providing false or
inaccurate information, or using erased or altered documents, or documents
which are not lawfully issued by competent authorities, in an application for
issuance of certificate, if not liable to criminal prosecution;
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e) Failure to register for
sailing under the Vietnamese flag in accordance with regulations for a ship
purchased or newly built by a state-owned enterprise or state-invested
enterprise;
g) Failure to carry out
ship deregistration as prescribed.
2. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for one of the following
violations:
a) Operating a ship,
official-duty ship, submarine, submersible, floating production storage unit or
mobile offshore unit without a valid Certificate of registry;
b) Using a certificate
belonging to another ship, official-duty ship, submarine, submersible, floating
production storage unit or mobile offshore unit, or a certificate that has been
erased, altered, or falsified, or that is not lawfully issued by a competent
authority, if not liable to criminal prosecution, or an expired certificate.
3. Additional penalties:
a) Confiscate documents
which are not lawfully issued by competent authorities if the violation
prescribed in Point d Clause 1 of this Article is committed;
b) Confiscate the
certificate belonging to another ship, official-duty ship, submarine,
submersible, floating production storage unit, or mobile offshore unit, or a
certificate that is not lawfully issued by a competent authority, if the
violation prescribed in Point b Clause 2 of this Article is committed.
4. Remedial measures:
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b) Enforced completion of
procedures for registration under the Vietnamese flag as prescribed if the
violation in point e clause 1 of this Article is committed;
c) Enforced completion of
procedures for deregistration of the ship as prescribed if the violation in
point g clause 1 of this Article is committed;
d) Enforced return of
erased, altered, or falsified certificates to issuing authorities or persons
thereof if the violation in point b clause 2 of this Article is committed./.
Article
14. Amendments to Article 42
“Article 42. Violations
against regulations on seafarer assignment, and use of seafarers’ certificates
of competency and discharge books
1. A fine ranging from VND
1.000.000 to VND 5.000.000 shall be imposed for one of the following
violations:
a) Failure to record or
incompletely or inaccurately recording information in the seaman’s discharge
book as prescribed;
b) Failure to carry, while
serving on board a ship, the full set of practicing certificate, certificate of
competency, and seaman’s discharge book as prescribed.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for one of the following
violations:
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b) Assignment of duties to
a seafarer on board a ship which are not conformable with his rank or title
specified in the discharge book;
c) Failure to enter or
inaccurately entering electronic information on seafarers’ embarkation,
disembarkation and assignment of ranks/positions into the seafarer database of
the Vietnam Maritime and Waterway Administration (VIMAWA) as prescribed.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for selling, buying, leasing,
borrowing or lending a seafarer’s certificate of competency, practicing
certificate, or discharge book.
4. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for one of the following
violations:
a) Using a certificate of
competency, practicing certificate or discharge book which is not lawfully
issued by a competent authority, or which has been erased, altered, or
falsified;
b) Use of another person’s
certificate of competency, practicing certificate or discharge book to work on
board a ship;
c) Making false
declarations, or using documents which have been erased or altered, or which
are not lawfully issued by competent authorities, in an application for issuance
or re-issuance of a practicing certificate, certificate of competency, or
discharge book.
5. Additional penalties:
a) Suspend the seafarer’s
practicing certificate or certificate of competency for a fixed period of 06 -
12 months if the violation prescribed in Clause 3 of this Article is committed;
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6. Remedial measures:
a) Enforced entry of
adequate and accurate electronic information on seafarers’ embarkation,
disembarkation and assignment of ranks/positions into the seafarer database of
the Vietnam Maritime and Waterway Administration (VIMAWA) as prescribed if the
violation prescribed in point c Clause 2 of this Article is committed;
b) Enforced return of the
seafarer’s practicing certificate, certificate of competency, or discharge book
to the issuing authority or person thereof, if the violation prescribed in
point a or c Clause 4 of this Article is committed.”.
Article
15. Amendments to some points and clauses of Article 46
1. Point b Clause 4 is amended as follows:
“b) Using any of the
documents which have been erased, altered or falsified, or which are not
lawfully issued by competent authorities, if not liable to criminal
prosecution, in an application for the license or certificate of eligibility to
provide services classified as conditional business lines.”.
2. Clause 5 is amended as follows:
“5. Additional penalty:
Suspend the business license for a fixed period of 01 - 03 months in case of
repeated commission of recidivism of any of the violations in clause 2 of this
Article.”.
3. Clause 6 is added following clause 5 as follows:
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Article
16. Amendments to some points and clauses of Article 47
1. Point b Clause 4 is amended as follows:
“b) Using any of the
documents which have been erased, altered or falsified, or which are not
lawfully issued by competent authorities, if not liable to criminal
prosecution, in an application for designation of ship navigation routes or the
license to import maritime signal flares;”.
2. Clause 5 is amended as follows:
“5. Additional penalty:
Suspend the license to import maritime signal flares for a fixed period of 01 -
03 months if the violation prescribed in Clause 2 of this Article is
committed.”.
3. Clause 6 is amended as follows:
“6. Remedial measures:
a) Enforced removal from
the Socialist Republic of Vietnam of imported maritime signal flares if the violation
prescribed in Clause 2 or Point i Clause 3 of this Article is committed;
b) Enforced return of the
license to import maritime signal flares to the issuing authority or person
thereof if the violation in point a or b clause 4 of this Article is committed.”.
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“Article 56. Violations
against regulations on training for seafarers
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for failure to receive trainee
seafarers and to facilitate onboard training in accordance with the applicable
regulations.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for one of the following
violations:
a) Failure to comply with
enrolment regulations;
b) Failure to comply with
training and drilling contents and curriculums according to the framework
program approved by a competent authority;
c) Failure to use the
prescribed teaching textbooks and practice materials;
d) Failure to provide
sufficient training and drilling equipment and facilities as prescribed or
provision of the ones failing to meet applicable technical regulations;
dd) Failure to adhere to
testing and examination regulations;
e) Failure to provide
training at the location approved by a competent authority.
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4. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for one of the following
violations:
a) Shortage of 02
lecturers/instructors or more, or employment of 02 or more
lecturers/instructors who fail to possess a Certificate of Chief Instructor or
other documents of equivalent validity as prescribed;
b) Allowing persons who
fail to meet enrolment standards and conditions to attend training courses.
5. Additional penalty:
Suspend operations of the violating training provider for a fixed period of 03
– 06 months if one of the violations prescribed in Clause 2, Clause 3 and
Clause 4 of this Article is committed.”.
Article
18. Amendments to clause 4 Article 58b
“4. Remedial measure:
Enforced implementation of remedial measures to prevent pollution caused by
ships if the violation prescribed in Point d Clause 1 or Clause 3 of this
Article is committed.”.
Article
19. Amendments to Article 58k
“Article 58k.
Violations against regulations on natural disaster preparedness and response
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for failure to prepare, or
preparing inadequately, personnel, materials, equipment, facilities, or
essential supplies for natural disaster response in accordance with the
approved natural disaster response plan.
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a) Providing inaccurate
information about the position and status of ships in operation in the event of
a natural disaster;
b) Failure to comply with
regulations on natural disaster prevention and control applicable to ships.
3. A fine ranging from VND
25.000.000 to VND 35.000.000 shall be imposed for failure to remain ready to
comply with requests of the relevant Maritime Administration for the
mobilization of means and equipment to participate in remedying the
consequences of natural disasters.
4. Remedial measure:
Enforced rectification of
information about the position and status of ships in operation in the event of
a natural disaster if the violation in point a clause 1 of this Article is
committed.”.
Article
20. Amendment of heading of Section 14 of Chapter II
“Section 14. VIOLATIONS
AGAINST REGULATIONS ON PREVENTION AND CONTROL OF INFECTIOUS DISEASES IN
MARITIME SECTOR; VIOLATIONS AGAINST REGULATIONS ON STATE MANAGEMENT,
INSPECTION, EXAMINATION, AND IMPOSITION OF PENALTIES FOR ADMINISTRATIVE
VIOLATIONS IN MARITIME SECTOR”
Clause
21. Addition of Article 58m following Article 58l
“Article 58m.
Violations against regulations on inspection, examination, and imposition of
penalties for administrative violations
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2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for any of the following
violations:
a) Failure to make reports
or declarations, or making false reports or declarations, or failing to submit
reports or declarations submitted within the prescribed time limits, as
required by a person performing official duties or a competent authority;
b) Delaying, evading,
failing to provide, or providing incomplete or untimely information or
documents relating to inspections, examinations, or imposition of
administrative violations by a person performing official duties or a competent
authority;
c) Causing difficulties
to, failing to cooperate with, or obstructing inspection or examination teams,
or persons assigned to conduct examinations or inspections, or performance of
official duties in the maritime sector;
d) Failure to appoint a
duly authorized representative, in accordance with law, to attend the
announcement of an inspection or examination decision, or to work with the
inspection or examination team.
3. A fine ranging from VND
20.000.000 to VND 50.000.000 shall be imposed for unlawfully removing seals
affixed to documents, exhibits, means, warehouses, or equipment subject to
sealing; retaining or dispersing documents or exhibits relating to violations;
or unlawfully altering the scene of an administrative violation in the maritime
sector.
4. A fine ranging from VND
50.000.000 to VND 80.000.000 shall be imposed for any of the following
violations:
a) Delaying, evading, or
refusing to comply with inspection or examination decisions in the maritime
sector issued by competent persons or authorities;
b) Failure to fully and
properly implement the contents and requirements set out in inspection or
examination conclusions issued by competent authorities in the maritime
sector.”.
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“Article 58n. Online
examination and handling of administrative violations
1. Where information
contained in the following documents, including the original certificate of
ship registry, or a certified copy thereof and a valid confirmation issued by a
credit institution (in cases where the ship is mortgaged), certificates and
other documents relating to the ship as prescribed by law, certificates of
professional competency and professional qualifications, has been integrated
and updated in the electronic identity card, the electronic identification
account on the National Identification Application, or databases managed by the
Ministry of Public Security or the Ministry of Construction, the examination
shall be carried out through the information available in such electronic
identity card, electronic identification account, or databases. Such
examination of information contained in the electronic identity card,
electronic identification account, or databases shall have the same legal
validity as the examination of the relevant original documents.
2. Temporary seizure or
suspension of right to use documents
a) Where documents are
temporarily seized or the right to use such documents is suspended, the
competent person carrying out such seizure or suspension in the electronic
environment shall update information relating thereto in the administrative
violation handling database system, and synchronize it with the National
Identification Application and databases managed by the Ministry of Public
Security and the Ministry of Construction in order to enable the violating
entity or the shipowner (in respect of documents belonging to the shipowner) to
be informed thereof and comply with regulations on maritime order and safety,
and to facilitate examination and handling of violations by competent
authorities;
b) Where information
concerning the temporary seizure of, or suspension of the right to use, a
document has been updated on the National Identification Application or
databases managed by the Ministry of Public Security or the Ministry of
Construction, the competent person shall return such document to the violating
entity as prescribed. The administrative violation handling database system
shall synchronize information with the National Identification Application and
databases managed by the Ministry of Public Security or the Ministry of Construction
for removal of information relating to the temporary seizure of, or suspension
of the right to use, such document;
c) The person having the
power to impose penalties shall access the electronic receipt for payment of
fine received from the public service portal system in order to print and
include it in the administrative violation handling file, and to use as the
basis for return of documents temporarily seized or subject to suspension of
right to use, and for removal of information relating to such temporary seizure
or suspension from the National Identification Application and databases
managed by the Ministry of Public Security or the Ministry of Construction as
prescribed in point b of this clause;
d) Records and decisions
issued by competent persons in relation to the temporary seizure of, suspension
of the right to use, and return of documents shall be made in accordance with
regulations of law, and may be created and transmitted electronically via the
National Identification Application or other electronic applications or
information systems where the relevant technical conditions are satisfied.
3. Organizations and
individuals having the power to examine or inspect and handle administrative
violations shall be responsible for ensuring the confidentiality of information
and personal data of violating entities in accordance with regulations of law.
4. Online handling of the
administrative violations prescribed in this Decree shall apply when
infrastructure, technical and information requirements are satisfied in
accordance with regulations of law on handling of administrative violations.”.
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“Article 60. Power to
impose penalties of inspection and examination forces
1. On-duty inspectors of
Vietnam Maritime Inspectorate has the power to:
a) Issue warning;
b) Impose a fine up to VND
10.000.000;
c) Confiscate the exhibits
and instrumentalities which have been used for committing administrative
violations but are worth not exceeding VND 20.000.000.
2. Heads of inspection
teams established by Vietnam Maritime Inspectorate has the power to:
a) Issue warning;
b) Impose a fine up to VND
50.000.000;
c) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
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3. The Chief Inspector of
Vietnam Maritime Inspectorate has the power to:
a) Issue warning;
b) Impose a fine up to VND
80.000.000;
c) Suspend
licenses/practicing certificates, or suspend operations for fixed periods;
d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures specified in Clause 3 Article 4 of this Decree.
4. Heads of examination
teams established by the Administrator of Vietnam Maritime and Waterway
Administration (VIMAWA) have the power to:
a) Issue warning;
b) Impose a fine up to VND
80.000.000;
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d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures specified in Clause 3 Article 4 of this Decree.
5. Heads of examination
teams established by the Minister of Construction of Vietnam have the power to:
a) Issue warning;
b) Impose a fine up to VND
100.000.000;
c) Suspend
licenses/practicing certificates, or suspend operations for fixed periods;
d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures specified in Clause 3 Article 4 of this Decree.”.
Article
24. Amendments to Article 61
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1. Chief Representatives
of Maritime Administrations have the power to:
a) Issue warning;
b) Impose a fine up to VND
25.000.000;
c) Suspend
licenses/practicing certificates, or suspend operations for fixed periods;
d) Confiscate the exhibits
and instrumentalities which have been used for committing administrative
violations but are worth not exceeding VND 50.000.000;
dd) Impose the remedial
measures specified in Clause 3 Article 4 of this Decree.
2. Director of Northern
Maritime and Waterway Branch (MWB-North), Director of Southern Maritime and
Waterway Branch (MWB-South), and Directors of Maritime Administrations, have
the power to:
a) Issue warning;
b) Impose a fine up to VND
50.000.000;
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d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures specified in Clause 3 Article 4 of this Decree.”.
Article
25. Amendments to Article 62
“Article 62. Power to
impose penalties of Administrator of Vietnam Maritime and Waterway
Administration (VIMAWA)
The Administrator of
VIMAWA has the power to:
1. Issue warning.
2. Impose a fine up to VND
100.000.000.
3. Suspend
licenses/practicing certificates or suspend operations for fixed periods.
4. Confiscate the exhibits
and instrumentalities used for committing administrative violations.
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Article
26. Amendments to Article 64
“Article 64. Power to
impose administrative penalties of People’s Public Security Forces
1. On-duty soldiers of
People’s Public Security Forces have the power to:
a) Issue warning;
b) Impose a fine up to VND
10.000.000;
c) Confiscate the exhibits
and instrumentalities which have been used for committing administrative
violations but are worth not exceeding VND 20.000.000.
2. Heads of Police Posts,
Heads of Squadrons, Station Heads, and Team Leaders have the power to:
a) Issue warning;
b) Impose a fine up to VND
30.000.000;
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d) Confiscate the exhibits
and instrumentalities which have been used for committing administrative
violations but are worth not exceeding VND 60.000.000;
dd) Impose the remedial measures
specified in point c clause 3 Article 4 of this Decree.
3. Commune-level Police
Chiefs have the power to:
a) Issue warning;
b) Impose a fine up to VND
50.000.000;
c) Suspend
licenses/practicing certificates, or suspend operations for fixed periods;
d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures specified in Clause 3 Article 4 of this Decree.
4. Heads of professional
divisions of the Police Department for Administrative Management of Social
Order, including: the Division for Guidance and Management of Weapons,
Explosives, Support Instruments and Pyrotechnics, and the Division for Guidance
and Management of Business Lines subject to Security and Public Order Conditions,
and Seals; Heads of professional divisions of the Traffic Police Department,
including the Division for Guidance on propaganda, investigation, and
settlement of traffic accidents, the Division for Guidance on patrol and
control of road and railway traffic, and the Division for Guidance on patrol,
control, and crime prevention and combat on waterways, and Fleet Commanders;
Heads of professional divisions of the Fire and Rescue Police Department,
including: the Fire Prevention Division, the Fire Prevention and Fighting
Appraisal Division, the Firefighting and Rescue Division, the Division for
Science and Technology Management and Inspection of Firefighting and Rescue
Equipment; Heads of divisions affiliated to provincial-level Police
Departments, including: the Traffic Police Divisions, the Police Divisions for
Investigation into Corruption, Economy, Smuggling and Environment-related
Crimes, the Fire and Rescue Police Divisions, and the Economic Security
Divisions have the power to:
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b) Impose a fine up to VND
80.000.000;
c) Suspend
licenses/practicing certificates, or suspend operations for fixed periods;
d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures specified in Clause 3 Article 4 of this Decree.
5. Directors of
provincial-level Police Departments shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
100.000.000;
c) Suspend
licenses/practicing certificates, or suspend operations for fixed periods;
d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
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6. Directors General of
the following authorities, including: the Economic Security Department, the
Police Department for Administrative Management of Social Order, the Police
Department for Investigation into Corruption, Economy and Smuggling-related
Crimes, the Traffic Police Department, the Fire and Rescue Police Department, and
the Environment Crime Prevention and Fighting Police Department, have the power
to:
a) Issue warning;
b) Impose a fine up to VND
100.000.000;
c) Suspend
licenses/practicing certificates, or suspend operations for fixed periods;
d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures specified in Clause 3 Article 4 of this Decree.
7. Apportionment of power
to impose administrative penalties of People’s Public Security Forces
a) On-duty soldiers of
People’s Public Security Forces shall consider imposing penalties for
administrative violations involving inland waterway ships operating within the
port waters or outside port waters in areas where such ships are permitted to
operate, if such violations are directly related to the fields and sectors
under their management, according to their competence to handle administrative
violations, and for the administrative violations specified in clause 1, clause
2 Article 13; clause 1, clause 2 Article 28; clause 1, clause 2 Article 30;
clause 1, clause 2, point a clause 3 Article 33 of this Decree;
b) Heads of Police Posts,
Heads of Squadrons, Station Heads, and Team Leaders shall consider imposing
penalties for administrative violations involving inland waterway ships
operating within the port waters or outside port waters in areas where such
ships are permitted to operate, if such violations are directly related to the
fields and sectors under their management, according to their competence to
handle administrative violations, and for the administrative violations
specified in points d, e, g clause 2 Article 12; Article 13; clause 1, clause
2, clause 3 Article 28; Article 30; clause 1, clause 2, point a clause 3
Article 33 of this Decree;
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d) Heads of professional
divisions of the Police Department for Administrative Management of Social Order,
including: the Division for Guidance and Management of Weapons, Explosives,
Support Instruments and Pyrotechnics, and the Division for Guidance and
Management of Business Lines subject to Security and Public Order Conditions,
and Seals; Heads of professional divisions of the Traffic Police Department,
including the Division for Guidance on propaganda, investigation, and
settlement of traffic accidents, the Division for Guidance on patrol and
control of road and railway traffic, and the Division for Guidance on patrol,
control, and crime prevention and combat on waterways, and Fleet Commanders;
Heads of professional divisions of the Fire and Rescue Police Department,
including: the Fire Prevention Division, the Fire Prevention and Fighting
Appraisal Division, the Firefighting and Rescue Division, the Division for
Science and Technology Management and Inspection of Firefighting and Rescue
Equipment; Heads of divisions affiliated to provincial-level Police
Departments, including: the Traffic Police Divisions, the Police Divisions for
Investigation into Corruption, Economy, Smuggling and Environment-related
Crimes, the Fire and Rescue Police Divisions, and the Economic Security
Divisions, shall consider imposing penalties for administrative violations involving
inland waterway ships operating within the port waters or outside port waters
in areas where such ships are permitted to operate, if such violations are
directly related to the fields and sectors under their management, according to
their competence to handle administrative violations, and for the
administrative violations specified in points d, e, g clause 2 Article 12;
Article 13; Article 28; Article 30; clause 1, clause 2, point a clause 3,
clause 10 Article 33 of this Decree;
dd) Directors of provincial-level
Police Departments shall consider imposing penalties for administrative
violations involving inland waterway ships operating within the port waters or
outside port waters in areas where such ships are permitted to operate, if such
violations are directly related to the fields and sectors under their
management, according to their competence to handle administrative violations,
and for the administrative violations specified in points d, e, g clause 2
Article 12; Article 13; Article 28; Article 30; clause 1, clause 2, point a
clause 3, clause 10 Article 33, point a clause 1 Article 58dd of this Decree;
e) Directors General of
the following authorities, including: the Economic Security Department, the
Police Department for Administrative Management of Social Order, the Police
Department for Investigation into Corruption, Economy and Smuggling-related
Crimes, the Traffic Police Department, the Fire and Rescue Police Department,
and the Environment Crime Prevention and Fighting Police Department, shall
consider imposing penalties for administrative violations involving inland
waterway ships operating within the port waters or outside port waters in areas
where such ships are permitted to operate, if such violations are directly
related to the fields and sectors under their management, according to their
competence to handle administrative violations, and for the administrative
violations specified in points d, e, g clause 2 Article 12; Article 13; Article
28; Article 30; clause 1, clause 2, point a clause 3, clause 10 Article 33, and
point a clause 1 Article 58dd of this Decree.”.
Article
27. Amendments to Article 65
“Article 65. Power to
impose penalties of Border Guard Forces
1. On-duty soldiers of the
Border Guard Forces have the power to:
a) Issue warning;
b) Impose a fine up to VND
5.000.000;
c) Confiscate the exhibits
and instrumentalities which have been used for committing administrative
violations but are worth not exceeding VND 10.000.000.
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a) Issue warning;
b) Impose a fine up to VND
10.000.000;
c) Confiscate the exhibits
and instrumentalities which have been used for committing administrative
violations but are worth not exceeding VND 20.000.000;
d) Impose the remedial
measures specified in point c clause 3 Article 4 of this Decree.
3. Leaders of Task Force
Teams for Drug and Crime Prevention and Control which are put under the control
of Task Force Commissions for Drug and Crime Prevention and Control have the
power to:
a) Issue warning;
b) Impose a fine up to VND
15.000.000;
c) Confiscate the exhibits
and instrumentalities which have been used for committing administrative
violations but are worth not exceeding VND 30.000.000;
d) Impose the remedial
measures specified in point c clause 3 Article 4 of this Decree.
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a) Issue warning;
b) Impose a fine up to VND
30.000.000;
c) Confiscate the exhibits
and instrumentalities which have been used for committing administrative
violations but are worth not exceeding VND 60.000.000;
d) Impose the remedial
measures specified in Clause 3 Article 4 of this Decree.
5. Heads of Task Force
Commissions for Drug and Crime Prevention and Control which are put under
control of the Drug and Crime Prevention and Control Department affiliated to
the Border Guard High Command have the power to:
a) Issue warning;
b) Impose a fine up to VND
50.000.000;
c) Suspend
licenses/practicing certificates, or suspend operations for fixed periods;
d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
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6. Commanding Officers of
Border Guard Commands; Captains of Naval Border Guard Squadrons, and Director General
of the Drug and Crime Prevention and Control Department affiliated to the
Border Guard High Command have the power to:
a) Issue warning;
b) Impose a fine up to VND
100.000.000;
c) Suspend
licenses/practicing certificates, or suspend operations for fixed periods;
d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures specified in Clause 3 Article 4 of this Decree.
7. Apportionment of power
to impose administrative penalties of Border Guard Forces
a) On-duty soldiers of the
Border Guard Forces shall have the power to impose penalties for the
administrative violations specified in clause 1, clause 3 Article 33; clause 1,
clause 2 Article 34; clause 1 Article 36; clause 1 Article 37; clause 1 Article
42; clause 1, clause 2 Article 58l of this Decree;
b) Station Heads or Team
Leaders in charge of supervising the soldiers mentioned in clause 1 of this
Article shall have the power to impose penalties for the administrative
violations specified in point d clause 1 Article 12; clause 2 Article 32;
clause 1, clause 3, point e clause 5 Article 33; clause 1, clause 2, clause 3
Article 34; clause 1, clause 2 Article 36; clause 1 Article 37; clause 1
Article 42; clause 1, clause 2 Article 58l of this Decree;
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d) Heads of Border Guard
Posts, Captains of Naval Border Guard Flotillas, and Commanding Officers of
Border Guard Commands at port border checkpoints shall have the power to impose
penalties for the administrative violations specified in clause 1, clause 2, clause 3 Article 12; clause 1, clause 2,
point a, point b, point dd, point e clause 3; point a, point b clause 5 Article
32; clause 1, clause 3, point e clause 5, point a, point b, point c clause 10
Article 33; Article 34; clause 1, clause 2, clause 3, point a, point b, point c
clause 4, clause 5, clause 6, point a, point b, point c clause 7, point a
clause 8, clause 9, clause 10, clause 11 Article 36; clause 1, clause 2, point
a, point b clause 3 Article 37; Article 40; clause 1, clause 3, clause 4
Article 42; point a, point b clause 1, point a, point b, point c, point d,
point dd clause 2 Article 58b; clause 1 Article 58g; Article 58l of this Decree;
dd) Heads of Task Force
Commissions for Drug and Crime Prevention and Control which are put under
control of the Drug and Crime Prevention and Control Department affiliated to
the Border Guard High Command shall have the power to impose penalties for the
administrative violations specified in clause 1, clause 2, clause 3, clause 4,
clause 5 Article 12; clause 1, clause 2, point a, point dd, point e clause 3,
point a, point b, point c clause 5 Article 32; clause 1, clause 3, point e
clause 5 and clause 10 Article 33; Article 34; clause 1, clause 2, clause 3,
clause 4, clause 5, clause 6, clause 7, point a, point b clause 8, clause 9,
clause 10, clause 11, point a clause 12 Article 36; clause 1, clause 2, point
a, point b, point c clause 3, clause 4, clause 5, clause 6 Article 37; Article
40; clause 1, clause 3, clause 4 Article 42; point a, point b clause 1, point
a, point b, point c, point d, point dd clause 2 Article 58b; Article 58g;
Article 58l of this Decree;
e) Commanding Officers of
Border Guard Commands; Captains of Naval Border Guard Squadrons, and Director
General of the Drug and Crime Prevention and Control Department affiliated to
the Border Guard High Command shall have the power to impose penalties for the
administrative violations specified in Article 12; clause 3, clause 4 Article
19; clause 1, clause 2, point a, point dd, point e clause 3, clause 5, clause 6
Article 32; clause 1, clause 3, point e clause 5 and clause 10 Article 33;
Article 34; Article 36; Article 37; Article 40; clause 1, clause 3, clause 4
Article 42; point a, point b clause 1, point a, point b, point c, point d,
point dd clause 2 Article 58b; point a clause 1 Article 58dd; Article 58g;
Article 58l of this Decree.”.
Article
28. Amendments to Article 66
“Article 66. Power to
impose penalties of Coast Guard Forces
1. Police Officers on duty
of the Coast Guard Forces have the power to:
a) Issue warning;
b) Impose a fine up to VND
5.000.000;
c) Confiscate the exhibits
and instrumentalities which have been used for committing administrative
violations but are worth not exceeding VND 10.000.000.
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a) Issue warning;
b) Impose a fine up to VND
10.000.000;
c) Confiscate the exhibits
and instrumentalities which have been used for committing administrative
violations but are worth not exceeding VND 20.000.000.
3. Heads of Coast Guard
Units or Coast Guard Stations have the power to:
a) Issue warning;
b) Impose a fine up to VND
20.000.000;
c) Confiscate the exhibits
and instrumentalities which have been used for committing administrative
violations but are worth not exceeding VND 40.000.000.
4. Captains of Coast Guard
Platoons have the power to:
a) Issue warning;
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c) Confiscate the exhibits
and instrumentalities which have been used for committing administrative violations
but are worth not exceeding VND 60.000.000;
d) Impose the remedial
measures specified in Clause 3 Article 4 of this Decree.
5. Captains of Coast Guard
Squadrons; Heads of Reconnaissance Commissions, Heads of Task Force Commissions
for Drug Crime Prevention and Control under the control of Vietnam Coast Guard
have the power to:
a) Issue warning;
b) Impose a fine up to VND
50.000.000;
c) Suspend
licenses/practicing certificates, or suspend operations for fixed periods;
d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures specified in Clause 3 Article 4 of this Decree.
6. Regional Coast Guard
Commanders, Director General of the Department of Operations and Legislation
under the control of Vietnam Coast Guard have the power to:
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b) Impose a fine up to VND
80.000.000;
c) Suspend
licenses/practicing certificates for fixed periods;
d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures specified in Clause 3 Article 4 of this Decree.
7. Vietnam Coast Guard
Commander has the power to:
a) Issue warning;
b) Impose a fine up to VND
100.000.000;
c) Suspend
licenses/practicing certificates, or suspend operations for fixed periods;
d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
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8. Apportionment of power
to impose administrative penalties of Coast Guard Forces
a) Police Officers on duty
of the Coast Guard Forces shall have the power to impose penalties for the
administrative violations which are detected outside port waters and directly
related to the fields and sectors under their management as prescribed in
clause 3 Article 33; clause 1, clause 2 Article 34; clause 1 Article 36; clause
1 Article 37; clause 1 Article 42 of this Decree;
b) Coast Guard Team
Leaders shall have the power to impose penalties for the administrative
violations which are detected outside port waters and directly related to the
fields and sectors under their management as prescribed in clause 3, point b,
point c, point d, point dd, point e, point g, point h, point i, point k, point
l, point m clause 4, point e clause 5 Article 33; clause 1, clause 2, clause 3
Article 34; clause 1, clause 2 Article 36; clause 1 Article 37; clause 1, point
a, point b clause 2 Article 42 of this Decree;
c) Heads of Coast Guard
Units or Coast Guard Stations shall have the power to impose penalties for the
administrative violations which are detected outside port waters and directly
related to the fields and sectors under their management as prescribed in
clause 3, point b, point c, point d, point dd, point e, point g, point h, point
i, point k, point l, point m clause 4, point e clause 5, clause 6 Article 33;
clause 1, clause 2 and clause 3 Article 34; clause 1, clause 2, clause 3, point
a, point b clause 4 Article 36; clause 1 Article 37; point a, point b, point c
clause 1 Article 40; clause 1, point a, point b clause 2 Article 42 of this
Decree;
d) Captains of Coast Guard
Platoons shall have the power to impose penalties for the administrative
violations which are detected outside port waters and directly related to the fields
and sectors under their management as prescribed in clause 3, clause 4, point e
clause 5, clause 6 Article 33; Article 34; clause 1, clause 2, clause 3, point
a, point b, point c clause 4, clause 5, clause 6, point a, point b clause 7,
point a clause 8, Article 36; clause 1, point b clause 2 Article 37; Article
40; clause 1, clause 2, clause 4 Article 42; point a, point b, point c, point
d, point dd clause 2 Article 58b; clause 1 Article 58g of this Decree;
dd) Captains of Coast
Guard Squadrons; Heads of Reconnaissance Commissions, Heads of Task Force
Commissions for Drug Crime Prevention and Control under the control of Vietnam
Coast Guard shall have the power to impose penalties for the administrative
violations which are detected outside port waters and directly related to the
fields and sectors under their management as prescribed in clause 3, clause 4,
point e clause 5, clause 6 Article 33; Article 34; clause 1, clause 2, clause
3, clause 4, clause 5, clause 6, clause 7, point a, point b clause 8, clause 9,
clause 10, clause 11, point a clause 12 Article 36; clause 1, clause 2, point
a, point b, point c clause 3, clause 4, clause 5, clause 6 Article 37; Article
40; Article 42; point a, point b, point c, point d, point dd clause 2 Article
58b; Article 58g of this Decree;
e) Regional Coast Guard
Commanders, Director General of the Department of Operations and Legislation
under the control of Vietnam Coast Guard shall have the power to impose
penalties for the administrative violations which are detected outside port
waters and directly related to the fields and sectors under their management as
prescribed in clause 3, clause 4, point e clause 5, clause 6 Article 33;
Article 34; Article 36; Article 37; Article 40; Article 42; point a, point b,
point c, point d, point dd clause 2 Article 58b; Article 58g of this Decree;
g) Vietnam Coast Guard
Commander shall have the power to impose penalties for the administrative
violations which are detected outside port waters and directly related to the fields
and sectors under their management as prescribed in clause 3, clause 4, point e
clause 5, and clause 6 Article 33; Article 34; Article 36; Article 37; Article
40; Article 42; point a, point b, point c, point d, point dd clause 2 Article
58b; point a clause 1 Article 58dd, Article 58g of this Decree.”.
Article
29. Addition, replacement and abrogation of some phrases in Decree No.
142/2017/ND-CP (as amended by Decree No. 123/2021/ND-CP)
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2. The phrase “Cục Hàng hải
Việt Nam” (“Vietnam Maritime Administration”) is replaced with the phrase “Cục
Hàng hải và Đường thủy Việt Nam” (“Vietnam Maritime and Waterway Administration
(VIMAWA)”) in point dd clause 1 Article 12, point c clause 1 Article 21.
3. The phrase “Vi phạm quy
định về sử dụng giấy chứng nhận đủ điều kiện kinh doanh khai thác cảng biển và
điều kiện kinh doanh khai thác cảng biển” (“Violations against regulations on
use of certificate of eligibility for commercial operation of seaport and
eligibility conditions for commercial operation of a seaport”) is replaced with
the phrase “Vi phạm quy định về điều kiện kinh doanh khai thác cảng biển”
(“Violations against regulations on eligibility conditions for commercial
operation of seaports”) in heading of Article 20.
4. The word “và” (“and”)
is replaced with the word “hoặc” ("or”) in point c clause 1 Article 45.
5. The phrase “Ủy ban nhân
dân cấp huyện” (“district-level People's Committee”) is replaced with the
phrase “Ủy ban nhân dân cấp xã” (“commune-level “) in point a, point d clause 4
Article 57.
6. The phrase “Bộ Giao
thông vận tải” (“Ministry of Transport”) is replaced with the phrase “Bộ Xây dựng”
(“Ministry of Construction”) in point b, point c clause 9 Article 57.
7. The phrase “nội thủy,
lãnh hải” (“internal waters, territorial sea”) in clause 2 Article 2 is removed.
8. The phrase “phương án bảo
đảm an toàn giao thông” (“traffic safety plan”) in point dd clause 2, point c
clause 3, point c clause 5, point c clause 7, point h clause 8 Article 12 is removed.
9. The phrase “tại các điểm
a, điểm b và điểm c khoản 1 Điều 28 của Luật Xử lý vi phạm hành chính và các biện
pháp khắc phục hậu quả khác quy định” (“in points a, b and c clause 1 Article
28 of the Law on Handling of Administrative Violations and other remedial
measures as specified”) in clause 5 Article 63 is removed.
Article
30. Article 14; Article 17; clause 1, clause 3, clause 4 Article 20 are
abrogated
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AMENDMENTS
TO GOVERNMENT’S DECREE NO. 139/2021/ND-CP DATED DECEMBER 31, 2021 PRESCRIBING
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON INLAND WATERWAY
TRANSPORT
Article
31. Amendments to point a clause 1 Article 1
“a) Administrative
violations; completed administrative violations and ongoing administrative
violations; penalties, fines, remedial measures for each administrative
violation; power to impose penalties, specific fines imposed by each title
holder, and power to make records of administrative violations; implementation
of penalties and remedial measures;”.
Article
32. Amendments to clause 4 Article 4
“4. In addition to the
penalties prescribed in clauses 1 and 2 of this Article, any entities
committing administrative violations against regulations on inland waterway
transport shall also be liable to remedial measures as prescribed in Chapter II
of this Decree, including:
a) Enforced demolition of
houses, floating houses, works, equipment, signals, and clearance of obstacles
involved in violations;
b) Enforced salvage and
clearance of obstacles according to regulations;
c) Enforced removal of
animals, vessels, trees, objects, tents, shops, bamboo and wood involved in
violations;
d) Enforced removal,
relocation and narrowness of fishing gears and tools for fisheries and
aquaculture involved in violations;
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e) Enforced return of
licenses, practicing certificates, or operation registration certificates that
have been erased, altered, or falsified to the issuing authorities or persons
thereof;
g) Enforced disembarkation
or unloading of passengers, motorbikes, mopeds, motor vehicles, and goods in
excess of the permitted capacity or that are not permitted to be transported on
board;
h) Enforced arrangement
for goods according to regulations.
i) Enforced provision of
adequate life jackets or personal flotation devices; safety equipment and
appliances, life-saving equipment, fire prevention and firefighting equipment,
equipment for prevention of environmental pollution, mooring equipment, and vessel
coupling tools as prescribed.”.
Article
33. Addition of Article 4a following Article 4
“Article 4a.
Implementation of penalties and remedial measures
1. The implementation of
the penalties and remedial measures prescribed herein shall comply with provisions
of the Law on Handling of Administrative Violations, and documents providing
guidelines for the implementation of this Law.
2. Violating entities
shall cooperate with relevant entities (if any) in implementing the remedial
measures specified in penalty imposition decisions in accordance with
regulations of law, and incur all costs associated from the implementation of
such remedial measures.
3. Regarding the remedial
measure which is enforced return of erased, altered or falsified licenses,
practicing certificates, or operation registration certificates, violating
entities shall implement such remedial measure in accordance with provisions of
Article 85 of the Law on Handling of Administrative Violations.
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Article
34. Amendments to Article 15
“Article 15. Violations
against regulations on conditions for operation of inland waterway ships
(“ships")
1. A fine ranging from VND
1.000.000 to VND 1.500.000 shall be imposed for one of the following violations:
a) Failing to display,
paint or affix the registration number of a ship; or displaying, painting or
affixing the registration number of a ship in contravention of regulations; or
allowing the registration number of a ship to be obscured, peeled off or
rendered illegible;
b) Failing to display,
paint or affix the load line (freeboard mark) of a ship; or displaying,
painting or affixing the load line in contravention of regulations; or allowing
the load line to be obscured, peeled off or rendered illegible;
c) Failing to display,
paint or affix the sign indicating the permitted number of persons on board a
ship; or displaying, painting or affixing such sign in contravention of
regulations; or allowing such sign to be obscured, peeled off or rendered
illegible;
d) Operating or using
rudimentary craft with a gross tonnage of under 1 tonne or a capacity of fewer
than 5 persons, or rafts, where such craft or raft fails to satisfy the
prescribed safety conditions.
2. A fine ranging from VND
1.500.000 to VND 2.000.000 shall be imposed for one of the following violations:
a) Failing to hold a
certificate of inland waterway ship registration as prescribed; or using a
certificate of inland waterway ship registration that has been erased, altered,
or otherwise tampered with, or that has not been lawfully issued by a competent
authority, if not liable to criminal prosecution;
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3. A fine ranging from VND
2.000.000 to VND 3.000.000 shall be imposed for the following violations
involving a ship with a total main engine capacity of from 5 horsepower to 15
horsepower, or with a carrying capacity of from 5 persons to 12 persons:
Failing to submit a
declaration for deregistration of the ship, or making false declarations in
order to receive the ship inspection as prescribed.
4. A fine ranging from VND
3.000.000 to VND 4.000.000 shall be imposed for each of the following violations
involving a non-motorised ship with a gross tonnage of over 15 tonnes to under
250 tonnes, or with a carrying capacity of over 12 persons to under 50 persons,
or a motorised ship with a total main engine capacity of over 15 horsepower to
135 horsepower, or with a carrying capacity of over 12 persons to 50 persons:
a) Committing the
violation specified in Clause 3 of this Article;
b) Failing to maintain a
crew list as prescribed.
5. A fine ranging from VND
4.000.000 to VND 5.000.000 shall be imposed for each of the following
violations involving a non-motorised ship with a gross tonnage of from 250
tonnes to 1.000 tonnes, or with a carrying capacity of from 50 persons to 150
persons; or a motorised ship with a total main engine capacity of over 135 horsepower
to 750 horsepower, or with a carrying capacity of over 50 persons to 150
persons; or dredger or suction dredger with a capacity of up to 500 m³/h, or a
crane ship equipped with lifting equipment with a lifting capacity of up to 50
tonnes:
a) Committing the
violation specified in Clause 3 of this Article;
b) Failing to maintain a
crew list as prescribed;
c) Failing to maintain a
ship’s logbook as prescribed.
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a) Committing the
violation specified in Clause 3 of this Article;
b) Failing to maintain a
crew list as prescribed;
c) Failing to maintain a
ship’s logbook as prescribed.
7. The following fines
shall be imposed for each of these administrative violations: failing to hold a
technical safety and environmental protection certificate for the ship as
prescribed; borrowing, hiring, lending or renting equipment or tools to obtain
inspection; or using a technical safety and environmental protection
certificate that has expired, been altered, erased or otherwise tampered with,
or that has not been lawfully issued by a competent authority:
a) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for the violation involving a ship
with a total main engine capacity of from 5 horsepower to 15 horsepower, or with
a carrying capacity of from 5 persons to 12 persons;
b) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for the violation involving a
non-motorised ship with a gross tonnage of over 15 tonnes to under 250 tonnes,
or with a carrying capacity of over 12 persons to under 50 persons, or a
motorised ship with a total main engine capacity of over 15 horsepower to 135
horsepower, or with a carrying capacity of over 12 persons to 50 persons;
c) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for the violation involving a
non-motorised ship with a gross tonnage of from 250 tonnes to 1.000 tonnes, or
with a carrying capacity of from 50 persons to 150 persons; or a motorised ship
with a total main engine capacity of over 135 horsepower to 750 horsepower, or
with a carrying capacity of over 50 persons to 150 persons; or dredger or
suction dredger with a capacity of up to 500 m³/h, or a crane ship equipped
with lifting equipment with a lifting capacity of up to 50 tonnes;
d) A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for the violation involving a
non-motorised ship with a gross tonnage of over 1.000 tonnes, or with a
carrying capacity of over 150 persons; or a motorised ship with a total main
engine capacity of over 750 horsepower, or with a carrying capacity of over 150
persons; or dredger or suction dredger with a capacity exceeding 500 m³/h, or a
crane ship equipped with lifting equipment with a lifting capacity of over 50
tonnes.
8. Additional penalty:
Confiscate inland waterway ship registration certificate, or technical safety
and environmental protection certificate that has not been lawfully issued by a
competent authority in case of the violation in point a clause 2, or clause 7
of this Article.
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Article
35. Amendments to clause 7 Article 16
“7. Remedial measures:
a) Enforced provision of
adequate life jackets or personal flotation devices as prescribed in case of
commission of the violation in clause 1 of this Article;
b) Enforced provision, in
the required types and quantities, of adequate safety equipment and appliances
(except life jackets and personal flotation devices), life-saving equipment,
fire prevention and firefighting equipment, equipment for prevention of
environmental pollution, mooring equipment, and vessel coupling tools as
prescribed in case of commission of the violation in clause 2 of this Article.”.
Article
36. Amendments to Article 21
“Article 21. Violations
against regulations on responsibilities and conditions of crewmembers and ship
operators
1. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for one of the following violations:
a) Failure of the master
to personally hand over duties to the vice-master or an authorized person upon
leaving the ship;
b) Failure of the master
to assign crew members to keep watch over the ship while it is moored, or to
assign lookouts during navigation under restricted visibility;
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d) Failure of a crew
member to present on board during the assigned working shift while the ship is
underway;
dd) Failure to notify the
Inland Waterway Administration (that issues the permit to depart from the
inland waterway port, inland landing stage, or anchorage area) of any changes
in crew members when the ship departs from an inland waterway port, inland
landing stage, or anchorage area;
e) Failure to maintain or
record a shipboard duty assignment list specifying the responsibilities of each
crew position on board the ship.
2. A fine ranging from VND
2.000.000 to VND 3.000.000 shall be imposed for one of the following violations:
a) Operating or steering a
ship without meeting health or age requirements;
b) Failure of the master
to directly operate the ship when passing through the bridges or locks,
entering or leaving inland waterway ports, landing stages, or anchorages, and
in other cases as prescribed;
c) An act of direct
operation of a ship by a crewmember other than the master when passing through
the bridges or locks, entering or leaving inland waterway ports, landing
stages, or anchorages, or in other cases where the master is required by law to
directly operate the ship;
d) Receiving and using a
ship that fails to meet operational conditions or fails to meet minimum manning
requirements as prescribed;
dd) Receiving or employing
crewmembers who do not possess certificates of competency or professional
qualifications as prescribed;
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g) c the original copy of
the certificate of ship registry or a certified true copy thereof and a valid
confirmation issued by a credit institution (in cases where the ship is
mortgaged);
h) Failing to present the
ship’s technical safety and environmental protection certificate as prescribed;
i) Failing to fully record
entries in the ship’s logbook as prescribed.
3. The following fines shall
be imposed for the following violations committed by crewmembers or ship
operators while working on board:
a) A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed upon a crewmember or ship operator
while working on board for having a BAC not exceeding 50 milligrams per 100
milliliters of blood or a BrAC not exceeding 0,25 milligrams per liter of
breath;
b) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed upon a crewmember or ship operator
while working on board for having a BAC exceeding 50 but not exceeding 80
milligrams per 100 milliliters of blood or a BrAC exceeding 0,25 but not
exceeding 0,4 milligrams per liter of breath;
c) A fine ranging from VND
20.000.000 to VND 35.000.000 shall be imposed upon a crewmember or ship
operator while working on board for having a BAC exceeding 80 milligrams per
100 milliliters of blood or a BrAC exceeding 0,4 milligrams per liter of breath;
d) A fine ranging from VND
20.000.000 to VND 35.000.000 shall be imposed upon a crewmember or ship
operator while working on board for having drugs or other stimulants prohibited
by law in their body.
4. Additional penalties:
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b) Suspend the certificate
of competency/professional qualification for 02 - 04 months, if the violation
prescribed in point c or d clause 3 of this Article is committed.”.
Article
37. Amendments to clause 3 Article 26
“3. A fine ranging from
VND 3.000.000 to VND 5.000.000 shall be imposed upon a motorized ship with a
total main engine capacity of 50 horsepower or more, or a speed of over 30
km/h; a motorized passenger ship; a pilot ship, a ship engaged in operations on
channels; a fishing ship; a dangerous cargo ship; a ship carrying persons or
animals infected with diseases; a tow convoy; or a ship aground on channels,
for committing one of the violations specified in clause 1 of this Article.”.
Article
38. Amendments to Article 30
“Article 30. Violations
against regulations on passenger embarkation and disembarkation, and cargo
loading and unloading by managers of inland waterway ports, landing stages and
anchorages
1. The following fines
shall be imposed upon a manager of an inland waterway port, landing stage or
anchorage where ships commit violations against regulations on passenger
embarkation and disembarkation, and cargo loading and unloading at inland
waterway ports and landing stages:
a) A fine ranging from VND
200.000 to VND 500.000 shall be imposed for each passenger carried in excess of
the ship‘s prescribed capacity;
b) A fine ranging from VND
300.000 to VND 500.000 shall be imposed for each motorbike or moped carried on
board in excess of the permitted quantity;
c) A fine ranging from VND
2.000.000 to VND 3.000.000 shall be imposed for each motor vehicle carried on
board in excess of the permitted quantity;
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dd) A fine ranging from
VND 5.000.000 to VND 7.000.000 shall be imposed for loading cargo on a ship
causing it to exceed its safe load line by more than one-fifth and up to
one-half of its freeboard height;
e) A fine ranging from VND
7.000.000 to VND 10.000.000 shall be imposed for each motor vehicle carried on
board a ship which is not allowed to carry motor vehicles;
g) A fine ranging from VND
10.000.000 to VND 12.000.000 shall be imposed for loading cargo on a ship
causing it to exceed its safe load line by more than one-half of its freeboard
height.
2. The following fines
shall be imposed for loading cargo onto a motor vehicle within a port land area
or landing stage where such loading causes the vehicle to exceed its permitted
carrying capacity:
a) A fine ranging from VND
500.000 to VND 1.000.000 shall be imposed for loading cargo onto each motor
vehicle (including trailers and semi-trailers) in excess of the maximum permissible
laden mass or payload authorized for road traffic and written in the
Certificate of technical and environmental safety inspection, where such excess
is more than 10% but not more than 50% upon departure from a port or landing
stage (except tanker trucks), or more than 20% but not more than 50% in the
case of tanker trucks carrying liquids;
b) A fine ranging from VND
2.000.000 to VND 3.000.000 shall be imposed for loading cargo onto each motor
vehicle (including trailers and semi-trailers) in excess of the maximum
permissible laden mass or payload authorized for road traffic and written in
the Certificate of technical and environmental safety inspection, where such
excess is more than 50% but not more than 100%;
c) A fine ranging from VND
4.000.000 to VND 5.000.000 shall be imposed for loading cargo onto each motor
vehicle (including trailers and semi-trailers) in excess of the maximum
permissible laden mass or payload authorized for road traffic and written in
the Certificate of technical and environmental safety inspection, where such
excess is more than 100%.
d) A fine ranging from VND
5.000.000 to VND 7.000.000 shall be imposed for loading oversized and
overweight cargo onto a vehicle without a transport permit or with an expired
transport permit or with a transport permit which is not issued by a competent
authority.
3. A fine ranging from VND
30.000.000 to VND 35.000.000 shall be imposed for organizing the berthing or
anchoring of ships for cargo loading and unloading, or passenger embarkation
and disembarkation, at locations that have not been duly announced or
authorized for operation as inland waterway ports, landing stages, or anchorage
areas in accordance with applicable regulations.
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Enforced disembarkation or
unloading of passengers, motorbikes, mopeds, motor vehicles, and goods in
excess of the permitted capacity or that are not permitted to be transported on
board if any of the violations in clauses 1 and 2 of this Article is
committed.”.
Article
39. Addition of point g following point e clause 1 Article 36
“g) Failure of a
crewmember or operator of the ship to have completed training or professional
training in fire prevention and firefighting, search and rescue, as
prescribed.”.
Article
40. Amendments to Article 41
“Article 41. Violations
against regulations on examination and imposition of penalties for
administrative violations
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for failure to make reports or
declarations, or making false reports or declarations, or failing to submit
reports or declarations within the prescribed time limits, as required by a
person performing official duties or a competent authority.
2. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for one of the following
violations:
a) Failing to comply with
examination and control requests of a competent person;
b) Deliberately failing to
stop a ship to for examination and control upon signal or order of a competent
person;
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d) Failing to bring a ship
to, or intentionally delaying or obstructing the bringing of a ship to, a
designated place for the handling of violations upon request by a competent
authority;
dd) Using words or actions
that threaten, insult, or offend the dignity or honor of a competent person, if
not liable to criminal prosecution;
e) Enticing, tempting or
inciting others not to comply with examination and control requests of a
competent person;
g) Unlawfully removing
seals affixed to documents, exhibits, means, warehouses, or equipment subject
to sealing; retaining or dispersing documents or exhibits relating to
violations; or unlawfully altering the scene of an administrative violation in
the inland waterway transport sector.
3. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for one of the following violations:
a) Failure to fully and
properly implement the contents and requirements set out in examination
conclusions issued by competent authorities in the inland waterway transport
sector as prescribed;
b) Using force or
threatening to use force against a competent person in the performance of their
duties, if not liable to criminal prosecution;
c) Causing damage to
assets and/or facilities of a state agency or a competent person;
d) Offering or giving
money, property or other material benefits to a competent person in order to
evade the handling of administrative violations.”.
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“Article 42.
Apportionment of power to impose administrative penalties
1. Chairpersons of
People’s Committees at all levels have the power to impose penalties for the
administrative violations specified in this Decree within the scope of their
management.
2. Within the ambit of
their assigned functions, tasks and responsibilities, People’s Public Security
Forces have the power to impose penalties for the administrative violations
specified in the following points, clauses and Articles of this Decree:
a) Article 5; Article 6;
Article 7; Article 8; Article 10; Article 11; Article 12; Article 13; Article
14; Article 15; Article 16; Article 17; Article 18;
b) Clause 1, clause 3 and
clause 4 of Article 19;
c) Article 20; Article 21;
Article 22; clause 1 Article 23; Article 24; Article 25; Article 26;
d) Point c clause 1
Article 27; point e clause 1 Article 28; point e clause 1 and clause 7 Article
29; clause 1, clause 2 and clause 3 Article 30;
dd) Article 32; Article
33; Article 34; Article 35; Article 36; Article 37; Article 38; Article 39;
Article 40; Article 41.
3. Inland Waterway
Administrations have the power to impose penalties for:
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Article 5; Article 6;
clause 1, clause 2 Article 7; Article 8; Article 9; Article 10; clause 1,
clause 2, clause 3, clause 4, clause 5, clause 6, clause 7 Article 11; Article
12; Article 13; Article 14; Article 15; Article 16; Article 17; clause 1,
clause 2, clause 3 Article 19; Article 20; Article 21; Article 22; clause 1,
clause 2, clause 3 Article 23; clause 1, clause 2, clause 3, clause 4 Article
24; clause 1, clause 2, clause 3, clause 4 Article 25; Article 26; Article 27;
Article 28; Article 29; Article 30; Article 31; clause 1, clause 2, clause 3,
clause 4, clause 5 Article 32; Article 33; Article 34; Article 35; Article 36;
Article 37; Article 38; Article 39; Article 40; Article 41;
b) The administrative
violations specified in clause 3 Article 30; clause 6 Article 35 of this Decree.
4. Maritime
Administrations have the power to impose penalties for the following
administrative violations against regulations on management and operation of
ports and landing stages; ships, crewmembers, and ship operators; cargo loading
and unloading, and passenger embarkation and disembarkation as prescribed in
this Decree, which occur within the seaport waters and areas falling under
their management, including:
Article 5; Article 6;
clause 1, clause 2 Article 7; Article 8; Article 9; Article 10; clause 1,
clause 2, clause 3, clause 4, clause 5, clause 6, clause 7 Article 11; Article
12; Article 13; Article 14; Article 15; Article 16; Article 17; clause 1,
clause 2, clause 3 Article 19; Article 20; Article 21; Article 22; clause 1,
clause 2, clause 3 Article 23; clause 1, clause 2, clause 3, clause 4 Article
24; clause 1, clause 2, clause 3, clause 4 Article 25; Article 26; Article 28;
Article 29; Article 30; Article 31; clause 1, clause 2, clause 3, clause 4,
clause 5 Article 32; Article 33; Article 34; Article 35; Article 36; Article
37; Article 38; Article 39; Article 40; Article 41.
5. Within the ambit of
their assigned functions, tasks and responsibilities, Border Guard Forces have
the power to impose penalties for the administrative violations specified in
the following points, clauses and Articles of this Decree:
a) Article 5; Article 8;
Article 10; Article 11; Article 12; Article 13; Article 14; Article 15; Article
16; Article 17; Article 18; clause 3 Article 19; Article 20; Article 21;
Article 22; clause 1 Article 23; Article 24; Article 25; Article 26;
b) Clause 3 Article 30;
clause 1 Article 31;
c) Article 32; Article 33;
Article 34; Article 35; Article 36; Article 37; Article 38; Article 39; Article
40 and Article 41.
6. Within the ambit of
their assigned functions, tasks and responsibilities, Coast Guard Forces have
the power to impose penalties for the administrative violations specified in
the following points, clauses and Articles of this Decree:
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b) Clause 1 Article 31;
c) Article 32; Article 33;
Article 34; Article 35; Article 36; Article 37; Article 38; Article 39; Article
40 and Article 41.
7. Within the ambit of
their assigned functions, tasks and responsibilities, Heads of examination teams
established by the Minister of Construction, or the Administrator of Vietnam
Maritime and Waterway Administration (VIMAWA), have the power to impose
penalties for the administrative violations specified in Articles 5 through 41
of Chapter II of this Decree.
8. Within the ambit of
their assigned functions, tasks and responsibilities, Directors of
provincial-level Departments, Chief Inspector of Vietnam Maritime Inspectorate,
and Heads of examination teams established by the Administrator of Vietnam
Maritime and Waterway Administration (VIMAWA), have the power to impose
penalties for the administrative violations specified in the following clauses
and Articles of this Decree:
a) Article 5; Article 6;
b) Clause 1, clause 2 and
clause 3 of Article 7;
c) Article 8; Article 9;
Article 10;
d) Clause 1, clause 2,
clause 3, clause 4, clause 5, clause 6, clause 7 Article 11;
dd) Article 12; Article
13; Article 14; Article 15; Article 16; Article 17;
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g) Article 20; Article 21;
Article 22; Article 23;
h) Clause 1, clause 2,
clause 3, clause 4 Article 24; clause 1, clause 2, clause 3, clause 4, clause 5
Article 25; Article 26; Article 27, Article 28, Article 29, Article 30; Article
31; clause 1, clause 2, clause 3, clause 4, clause 5 Article 32;
i) Article 33; Article 34;
Article 35; Article 36; Article 37; Article 38; Article 39; Article 40; Article
41.
9. Within the ambit of
their assigned functions, tasks and responsibilities, the Director of Northern
Maritime and Waterway Branch (MWB-North), and the Director of Southern Maritime
and Waterway Branch (MWB-South) have the power to impose penalties for the
administrative violations specified in the following clauses and Articles of
this Decree:
a) Article 5; Article 6;
b) Clause 1 and clause 2
Article 7;
c) Article 8; Article 9;
Article 10;
d) Clause 1, clause 2,
clause 3, clause 4, clause 5, clause 6, clause 7 Article 11;
dd) Article 12; Article
13; Article 14; Article 15; Article 16; Article 17;
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g) Article 20; Article 21;
Article 22;
h) Clause 1, clause 2,
clause 3 Article 23; clause 1, clause 2, clause 3, clause 4 Article 24; clause
1, clause 2, clause 3, clause 4 Article 25; Article 26; clause 3 Article 30; clause
1, clause 2, clause 3, clause 4, clause 5 Article 32;
i) Article 33; Article 34;
Article 35; Article 36; Article 37; Article 38; Article 39; Article 40; Article
41.”.
Article
42. Amendments to clause 1 Article 43
“1. The following persons
have the power to make records of administrative violations in the inland
waterway transport sector:
a) The persons having the
power to impose administrative penalties prescribed in Article 42 of this
Decree;
b) On-duty civil servants,
public employees, members of examination teams established by examination
authorities, and people working for the People's Army and People's Public
Security Forces;
c) Civil servants and
public employees of Inland Waterway Administrations and Maritime
Administrations.”.
Article
43. Amendments to Article 44
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1. Chairpersons of
People’s Committees of communes, wards, or special zones (hereinafter referred
to as “commune-level”) have the power to:
a) Issue warning;
b) Impose a fine up to VND
37.500.000;
c) Suspend Certificate of
competency/professional qualification, or suspend operations for fixed periods;
d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures specified in clause 4 Article 4 of this Decree.
2. Chairpersons of
People’s Committees of provinces or cities (hereinafter referred to as
“provincial-level”) have the power to:
a) Issue warning;
b) Impose a fine up to VND
75.000.000;
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d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures specified in clause 4 Article 4 of this Decree.”.
Article
44. Addition of Article 44a following Article 44
“Article 44a. Power of
heads of authorities performing state management tasks in fields and sectors,
and some other title holders
1. Within their assigned
scope and areas of management, the Director of Northern Maritime and Waterway
Branch (MWB-North), and the Director of Southern Maritime and Waterway Branch
(MWB-South) have the power to:
a) Issue warning;
b) Impose a fine up to VND
37.500.000;
c) Suspend Certificate of
competency/professional qualification, or suspend operations for fixed periods;
d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
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2. Directors of
provincial-level Departments and Heads of examination teams established by the
Administrator of Vietnam Maritime and Waterway Administration (VIMAWA) have the
power to:
a) Issue warning;
b) Impose a fine up to VND
60.000.000;
c) Suspend Certificate of
competency/professional qualification, or suspend operations for fixed periods;
d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures specified in clause 4 Article 4 of this Decree.
3. The Administrator of
Vietnam Maritime and Waterway Administration (VIMAWA), and Heads of examination
teams established by the Minister of Construction have the power to:
a) Issue warning;
b) Impose a fine up to VND
75.000.000;
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d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures specified in clause 4 Article 4 of this Decree.”.
Article
45. Addition of Article 44b following Article 44a
“Article 44b. Power to
impose penalties of Vietnam Maritime Inspectorate
1. Inspectors of Vietnam
Maritime Inspectorate have the power to:
a) Issue warning;
b) Impose a fine up to VND
7.500.000;
c) Confiscate the exhibits
and instrumentalities which have been used for committing administrative
violations but are worth not exceeding VND 15.000.000.
2. The Chief Inspector of
Vietnam Maritime Inspectorate has the power to:
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b) Impose a fine up to VND
60.000.000;
c) Suspend Certificate of
competency/professional qualification, or suspend operations for fixed periods;
d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures specified in clause 4 Article 4 of this Decree.”.
Article
46. Amendments to Article 45
“Article 45. Power to
impose penalties of People’s Public Security Forces
1. Soldiers on duty of
People’s Public Security Forces have the power to:
a) Issue warning;
b) Impose a fine up to VND
7.500.000;
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2. Heads of Police Posts,
Heads of Squadrons, Station Heads, and Team Leaders have the power to:
a) Issue warning;
b) Impose a fine up to VND
22.500.000;
c) Suspend Certificate of
competency/professional qualification, or suspend operations for fixed periods;
d) Confiscate the exhibits
and instrumentalities used for committing administrative violations worth no
more than VND 45.000.000.
3. Commune-level Police
Chiefs have the power to:
a) Issue warning;
b) Impose a fine up to VND
37.500.000;
c) Suspend Certificate of
competency/professional qualification, or suspend operations for fixed periods;
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dd) Impose the remedial
measures specified in Clause 4 Article 4 of this Decree.
4. Heads of professional
divisions of the Traffic Police Department, including the Division for Guidance
on propaganda, investigation, and settlement of traffic accidents, the Division
for guidance on and handling of vehicle registration and inspection, the
Division of guidance, training, testing and management of vehicle
driver/operator licenses, the Division for Guidance on patrol and control of
road and railway traffic, the Division for Guidance on patrol, control, and
crime prevention and combat on waterways, the Division on data management,
operation and processing, and digital transformation, and Fleet Commanders;
Heads of professional divisions of the Fire and Rescue Police Department,
including: the Fire Prevention Division, the Fire Prevention and Fighting
Appraisal Division, the Firefighting and Rescue Division, the Division for
Science and Technology Management and Inspection of Firefighting and Rescue
Equipment; Heads of divisions affiliated to provincial-level Police
Departments, including: the Traffic Police Divisions, the Police Divisions for
Administrative Management of Social Order, Investigation Police Divisions for
Social Order Crimes, Police Divisions for Investigation into Corruption,
Economy, Smuggling and Environment-related Crimes, and the Fire and Rescue
Police Divisions, have the power to:
a) Issue warning;
b) Impose a fine up to VND
60.000.000;
c) Suspend Certificate of
competency/professional qualification, or suspend operations for fixed periods;
d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures specified in clause 4 Article 4 of this Decree.
5. Directors of
provincial-level Police Departments have the power to:
a) Issue warning;
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c) Suspend Certificate of
competency/professional qualification, or suspend operations for fixed periods;
d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
dd) Impose the remedial measures
specified in Clause 4 Article 4 of this Decree.
6. Directors General of
the following authorities, including: the Traffic Police Department, the Police
Department for Administrative Management of Social Order, the Economic Security
Department, the Investigation Police Department for Social Order Crimes, the
Police Department for Investigation into Corruption, Economy and
Smuggling-related Crimes, the Fire and Rescue Police Department, the
Environment Crime Prevention and Fighting Police Department, and the
Immigration Department, have the power to:
a) Issue warning;
b) Impose a fine up to VND
75.000.000;
c) Suspend Certificate of
competency/professional qualification, or suspend operations for fixed periods;
d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures specified in clause 4 Article 4 of this Decree.”.
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“Article 47. Power to
impose penalties of Maritime Administrations and Inland Waterway Administrations
1. Chief Representatives
of Maritime Administrations and Chief Representatives of Inland Waterway
Administrations have the power to:
a) Issue warning;
b) Impose a fine up to VND
18.750.000;
c) Suspend Certificate of
competency/professional qualification, or suspend operations for fixed periods;
d) Confiscate the exhibits
and instrumentalities used for committing administrative violations worth no
more than VND 37.500.000.
dd) Impose the remedial
measures specified in clause 4 Article 4 of this Decree.
2. Directors of Maritime
Administrations and Directors of Inland Waterway Administrations have the power
to:
a) Issue warning;
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c) Suspend Certificate of
competency/professional qualification, or suspend operations for fixed periods;
d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures specified in clause 4 Article 4 of this Decree.”.
Article
48. Amendments to Article 49
“Article 49. Power to
impose penalties of Border Guard Forces
1. On-duty soldiers of the
Border Guard Forces have the power to:
a) Issue warning;
b) Impose a fine up to VND
3.750.000;
c) Confiscate the exhibits
and instrumentalities which have been used for committing administrative
violations but are worth not exceeding VND 7.500.000.
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a) Issue warning;
b) Impose a fine up to VND
7.500.000;
c) Confiscate the exhibits
and instrumentalities which have been used for committing administrative
violations but are worth not exceeding VND 15.000.000.
3. Leaders of Task Force
Teams for Drug and Crime Prevention and Control which are put under the control
of Task Force Commissions for Drug and Crime Prevention and Control have the
power to:
a) Issue warning;
b) Impose a fine up to VND
11.250.000;
c) Confiscate the exhibits
and instrumentalities used for committing administrative violations worth no
more than VND 22.500.000.
4. Heads of Border Guard
Posts, Captains of Naval Border Guard Flotillas, and Commanding Officers of
Border Guard Commands at port border checkpoints have the power to:
a) Issue warning;
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c) Confiscate the exhibits
and instrumentalities used for committing administrative violations worth no
more than VND 45.000.000;
d) Impose the remedial
measures specified in clause 4 Article 4 of this Decree.
5. Heads of Task Force
Commissions for Drug and Crime Prevention and Control which are put under
control of the Drug and Crime Prevention and Control Department affiliated to
the Border Guard High Command have the power to:
a) Issue warning;
b) Impose a fine up to VND
37.500.000;
c) Suspend Certificate of
competency/professional qualification, or suspend operations for fixed periods;
d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures specified in clause 4 Article 4 of this Decree.
6. Commanding Officers of
Border Guard Commands; Captains of Naval Border Guard Squadrons, and Director
General of the Drug and Crime Prevention and Control Department affiliated to
the Border Guard High Command have the power to:
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b) Impose a fine up to VND
75.000.000;
c) Suspend Certificate of
competency/professional qualification, or suspend operations for fixed periods;
d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures specified in clause 4 Article 4 of this Decree.”.
Article
49. Amendments to Article 50
“Article 50. Power to
impose penalties of Coast Guard Forces
1. Police Officers on duty
of the Coast Guard Forces have the power to:
a) Issue warning;
b) Impose a fine up to VND
3.750.000;
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2. Coast Guard Team
Leaders have the power to:
a) Issue warning;
b) Impose a fine up to VND
7.500.000;
c) Confiscate the exhibits
and instrumentalities used for committing administrative violations worth no
more than VND 15.000.000.
3. Heads of Coast Guard
Units or Coast Guard Stations have the power to:
a) Issue warning;
b) Impose a fine up to VND
15.000.000;
c) Confiscate the exhibits
and instrumentalities used for committing administrative violations worth no
more than VND 30.000.000.
4. Captains of Coast Guard
Platoons have the power to:
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b) Impose a fine up to VND
22.500.000;
c) Confiscate the exhibits
and instrumentalities used for committing administrative violations worth no
more than VND 45.000.000;
d) Impose the remedial
measures specified in Points b, c, d, dd, e, g, h, i clause 4 Article 4 of this
Decree.
5. Captains of Naval
Border Guard Squadrons; Heads of Reconnaissance Commissions; Heads of Task
Force Commissions for Drug Crime Prevention and Control under the control of
the Command of Coast Guard of Vietnam have the power to:
a) Issue warning;
b) Impose a fine up to VND
37.500.000;
c) Suspend Certificate of
competency/professional qualification, or suspend operations for fixed periods;
d) Confiscate the exhibits
and instrumentalities used for committing administrative violations worth no
more than VND 75.000.000.
dd) Impose the remedial
measures specified in Points b, c, d, dd, e, g, h, i clause 4 Article 4 of this
Decree.
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a) Issue warning;
b) Impose a fine up to VND
60.000.000;
c) Suspend Certificate of
competency/professional qualification, or suspend operations for fixed periods;
d) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures specified in clause 4 Article 4 of this Decree.
7. Vietnam Coast Guard
Commander has the power to:
a) Issue warning;
b) Impose a fine up to VND
75.000.000;
c) Suspend Certificate of
competency/professional qualification, or suspend operations for fixed periods;
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dd) Impose the remedial
measures specified in clause 4 Article 4 of this Decree.”.
Article
50. Amendments to clause 1 Article 55
“1. During an
examination, if the owner, crew member, or operator of a ship fails to present
the required documents (either in hard copy or in electronic form available on
national or ministerial/specialized databases), including: the original copy of
the certificate of ship registry or a certified true copy thereof and a valid
confirmation issued by the credit institution (in cases where the ship is
mortgaged); the ship’s technical safety and environmental protection
certificate; certificate of competency or professional qualification; and any
other documents as required by law (hereinafter referred to as the
“documents”), the competent person shall make a record of such failure to have
the required documents. Within the time limit for issuing a penalty imposition
decision, if the violating entity presents the original documents, or a
certified true copy of the certificate of ship registry and the original copy
of a valid confirmation issued by the credit institution (in cases where the
ship is used as security for the performance of an obligation), the competent
person shall issue a decision to impose penalties for failure to carry the
required documents and shall retain copies of such documents in the
administrative violation case file.”.
Article
51. Addition of Article 56a following Article 56
“Article 56a. Online
examination and handling of administrative violations
1. Where information
contained in the documents specified in clause 1 Article 55 of this Decree has
been integrated and updated in the electronic identity card, the electronic
identification account on the National Identification Application, or databases
managed by the Ministry of Public Security or the Ministry of Construction, the
examination shall be carried out through the information available in such
electronic identity card, electronic identification account, or databases. Such
examination of information contained in the electronic identity card,
electronic identification account, or databases shall have the same legal
validity as the examination of the relevant original documents.
2. Temporary seizure or
suspension of right to use documents
a) Where documents are
temporarily seized or the right to use such documents is suspended, the
competent person shall carry out such seizure or suspension in the electronic
environment, update information relating thereto in the administrative
violation handling database system, and synchronize it with the National
Identification Application and databases managed by the Ministry of Public
Security and the Ministry of Construction in order to enable the violating
entity or the ship owner (in respect of documents belonging to the ship owner)
to be informed thereof and comply with regulations on inland waterway transport
order and safety, and to facilitate examination and handling of violations by
competent authorities;
b) Where information
concerning the temporary seizure of, or suspension of the right to use, a
document has been updated on the National Identification Application or
databases managed by the Ministry of Public Security or the Ministry of
Construction, the competent person shall return such document to the violating
entity as prescribed. The administrative violation handling database system
shall synchronize information with the National Identification Application and
databases managed by the Ministry of Public Security or the Ministry of
Construction for removal of information relating to the temporary seizure of,
or suspension of the right to use, such document;
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d) Records and decisions
issued by competent persons in relation to the temporary seizure of, suspension
of the right to use, and return of documents shall be made in accordance with
regulations of law, and may be created and transmitted electronically via the
National Identification Application or other electronic applications or
information systems where the relevant technical conditions are satisfied.
3. Organizations and
individuals having the power to examine or inspect and handle administrative
violations shall be responsible for ensuring the confidentiality of information
and personal data of violating entities in accordance with regulations of law.
4. Online handling of the
administrative violations prescribed in this Decree shall apply when
infrastructure, technical and information requirements are satisfied in
accordance with regulations of law on handling of administrative violations.”.
Article
52. Addition, replacement and abrogation of some phrases in Decree No.
139/2021/ND-CP
1. The phrase “đoàn lai có
tổng trọng tải toàn phần của các phương tiện bị lai đến 1.000 tấn” (“a tow
convoy with a total deadweight tonnage of the towed ships of up to 1.000
tonnes”) is added before the phrase “tàu cuốc, tàu hút” (“dredger or suction
dredger”) in point c clause 6 Article 31, and the phrase “đoàn lai có tổng trọng
tải toàn phần của các phương tiện bị lai trên 1.000 tấn” (“a tow convoy with a
total deadweight tonnage of the towed ships exceeding 1.000 tonnes”) is added
before the phrase “tàu cuốc, tàu hút” (“dredger or suction dredger”) in point d
clause 6 Article 31.
2. The phrase “, điểm c,
điểm d khoản 6 Điều 31” (“, point c, point d clause 6 Article 31”) is added
before the phrase “và Điều 38 Nghị định này” (“and Article 38 of this Decree”)
in clause 2 Article 53; the phrase “vi phạm như phương tiện không có động cơ”
(“violations involving a non-motorised ship”) is added before the phrase “căn cứ
trọng tải toàn phần của phương tiện, công thức như sau:” (“based on the ship's
total deadweight tonnage and the following formula:”) in clause 3 Article 53.
3. The phrase “Phạt tiền từ
20.000.000 đồng đến 30.000.000 đồng” (“A fine ranging from VND 20.000.000 to
VND 30.000.000 shall be imposed” is replaced with the phrase “Phạt tiền từ
20.000.000 đồng đến 25.000.000 đồng” (“A fine ranging from VND 20.000.000 to
VND 25.000.000 shall be imposed”) in clause 3 Article 27; the phrase “Phạt tiền
từ 30.000.000 đồng đến 40.000.000 đồng” (“A fine ranging from VND 30.000.000 to
VND 40.000.000 shall be imposed”) is replaced with the phrase “Phạt tiền từ
25.000.000 đồng đến 30.000.000 đồng” (“A fine ranging from VND 25.000.000 to
VND 30.000.000 shall be imposed”) in clause 4 Article 27; the phrase “Phạt tiền
từ 40.000.000 đồng đến 50.000.000 đồng” (“A fine ranging from VND 40.000.000 to
VND 50.000.000 shall be imposed”) is replaced with the phrase “Phạt tiền từ
30.000.000 đồng đến 35.000.000 đồng” (“A fine ranging from VND 30.000.000 to
VND 35.000.000 shall be imposed”) in clause 5 Article 27.
4. The phrase “Phạt tiền từ
20.000.000 đồng đến 30.000.000 đồng” (“A fine ranging from VND 20.000.000 to
VND 30.000.000 shall be imposed” is replaced with the phrase “Phạt tiền từ
25.000.000 đồng đến 30.000.000 đồng” (“A fine ranging from VND 25.000.000 to
VND 30.000.000 shall be imposed”) in clause 5 Article 28; the phrase “Phạt tiền
từ 30.000.000 đồng đến 40.000.000 đồng” (“A fine ranging from VND 30.000.000 to
VND 40.000.000 shall be imposed”) is replaced with the phrase “Phạt tiền từ
30.000.000 đồng đến 35.000.000 đồng” (“A fine ranging from VND 30.000.000 to
VND 35.000.000 shall be imposed”) in clause 6 Article 28.
5. The phrase “Phạt tiền từ
20.000.000 đồng đến 30.000.000 đồng” (“A fine ranging from VND 20.000.000 to
VND 30.000.000 shall be imposed” is replaced with the phrase “Phạt tiền từ
20.000.000 đồng đến 25.000.000 đồng” (“A fine ranging from VND 20.000.000 to
VND 25.000.000 shall be imposed”) in clause 4 Article 29; the phrase “Phạt tiền
từ 30.000.000 đồng đến 40.000.000 đồng” (“A fine ranging from VND 30.000.000 to
VND 40.000.000 shall be imposed”) is replaced with the phrase “Phạt tiền từ 25.000.000
đồng đến 30.000.000 đồng” (“A fine ranging from VND 25.000.000 to VND
30.000.000 shall be imposed”) in clause 5 Article 29; the phrase “Phạt tiền từ
40.000.000 đồng đến 50.000.000 đồng” (“A fine ranging from VND 40.000.000 to
VND 50.000.000 shall be imposed”) is replaced with the phrase “Phạt tiền từ
30.000.000 đồng đến 35.000.000 đồng” (“A fine ranging from VND 30.000.000 to
VND 35.000.000 shall be imposed”) in clause 6 Article 29.
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Article
53. Article
46; Article 48 are abrogated.
Chapter
III
IMPLEMENTATION
Article
54. Implementation
This Decree comes into
force from May 15, 2026.
Article
55. Responsibility for implementation
Ministers, heads of
ministerial agencies, heads of Governmental agencies, Chairpersons of People’s
Committees of provinces or central-affiliated cities, and relevant authorities,
organizations and individuals shall be responsible for the implementation of
this Decree.
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