THE
MINISTRY OF AQUATIC RESOURCES
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom Happiness
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No.
02/2004/TT-BTS
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Hanoi,
March 22, 2004
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CIRCULAR
GUIDING THE IMPLEMENTATION OF THE GOVERNMENT'S DECREE NO.
70/2003/ND-CP OF JUNE 17, 2003 WHICH PRESCRIBES THE SANCTIONING OF
ADMINISTRATIVE VIOLATIONS IN THE FISHERY DOMAIN
On June 17, 2003, the Government
promulgated Decree No. 70/2003/ND-CP, prescribing sanctions against
administrative violations in the fishery domain (hereinafter called Decree 70
for short).
Pursuant to Article 31 of the Decree, the Ministry of Fisheries hereby guides a
number of points as follows:
I. REGARDING
GENERAL PROVISIONS
1. Regulation scope and subjects
to be sanctioned
a/ Regulation scope of Decree
70:
Decree 70 prescribes violation
acts; sanctioning forms, levels, competence and procedures; as well as remedial
measures in the sanctioning of administrative-violation acts in the fishery
domain in territorial regions, exclusive economic zones and continental shelf
of the Socialist Republic of Vietnam.
b/ Subjects to be
administratively sanctioned shall comply with Article 6 of the Ordinance on
Handling of Administrative Violations and Article 2 of Decree 70.
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a/ Principles for sanctioning
administrative violations shall comply with the provisions of Article 3 of the
Ordinance on Handling of Administrative Violations and specific guidance in
Article 3 of the Government's Decree No. 134/2003/ND-CP of November 14, 2003
detailing the implementation of a number of articles of the 2002 Ordinance on
Handling of Administrative Violations (hereinafter called Decree 134 for
short).
In cases where many persons are
on the same fishing means and commit the same act of administrative violation
in the fishery domain, the owner of such means shall be sanctioned.
b/ The sanctioning of minors
shall comply with the provisions of Article 7 of the Ordinance on Handling of
Administrative Violations.
c/ The determination of extenuating
and aggravating circumstances shall comply with the provisions of Articles 8
and 9 of the Ordinance on Handling of Administrative Violations and specific
guidance in Article 6 of Decree 134.
d/ The time limit for being
considered not yet sanctioned for administrative violations shall comply with
the provisions of Article 7 of Decree 134.
e/ The ways of calculating time
limits and statute of limitations in sanctioning administrative violations are
prescribed in Article 9 of Decree 134.
II. BASES FOR
DETERMINING A NUMBER OF VIOLATION ACTS
1. Violation of regulations on
protection of habitat of aquatic species:
Acts of polluting habitats of
aquatic species shall, depending on the pollution extent and the polluted water
acreage, be sanctioned according to Clause 1, Article 8 of Decree 70. The
criteria for determining the extent of water area pollution shall be based on
permitted concentration limit of some toxic substances, prescribed in Tables 1A
and 1B to the Fisheries Ministry's Circular No. 01/2000/TT-BTS of April 28,
2000 amending and supplementing a number of points in Circular No. 04-TS/TT of
August 30, 1990 which guides the implementation of the April 25, 1989 Ordinance
of the State Council and Decree No. 195 HDBT of June 2, 1990 of the Council of Ministers
on aquatic resource protection and development.
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a/ Acts of exploiting aquatic
species of sizes smaller than the prescribed sizes in excess of the permitted
mixed exploitation rate shall be sanctioned according to Clause 1, Article 9 of
Decree 70. The minimum sizes permitted for exploitation for aquatic species
with high economic value living in natural water areas are prescribed in Table
9A to the Fisheries Ministry's Circular No. 01/2000/TT-BTS of April 28, 2000.
The percentage of aquatic
species with sizes being smaller than the minimum sizes permitted for mixed
exploitation shall not exceed 15% of the output of a haul or of the total
exploited output of a fishing trip. If this percentage is exceeded, the aquatic
resource exploiters shall be sanctioned.
b/ Acts of exploiting aquatic
species in areas banned from exploitation or being in the period of
exploitation ban shall be sanctioned according to Clause 2, Article 9 of Decree
70:
- The exploitation ban period
for some aquatic species is prescribed in Table 8A to the Fisheries Ministry's
Circular No. 01/2000/TT-BTS of April 28, 2000.
- Areas banned from exploitation
are prescribed in Table 10A to the Fisheries Ministry's Circular No. 01/2000/TT-BTS
of April 28, 2000.
- Jobs banned from being carried
out at some exploitation lines are prescribed at Point d, Clause 5.2, Section
II of the Fisheries Ministry's Circular No. 02/2002/TT-BTS of December 6, 2002
guiding the implementation of the Government's Decree No. 86/2001/ND-CP of
November 16, 2001 on conditions for conducting aquatic resource production and
business lines (hereinafter called Decree 86 for short).
c/ Acts of exploiting aquatic
species on the list of those banned from exploitation shall be sanctioned
according to Clause 3, Article 9 of Decree 70. The list of aquatic species
banned from exploitation is prescribed in Table 7A to the Fisheries Ministry's
Circular No. 01/2000/TT-BTS of April 28, 2000.
d/ Additional regulations of the
provincial-level People's Committees on contents mentioned in Clause 3, Article
8 of the November 26, 2003 Law on Fisheries, which have been agreed upon by the
Fisheries Ministry, shall also serve as bases for determining acts of violating
the regulations on aquatic resource protection.
3. Violation of regulations on
aquatic resource exploitation:
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a/ Locations for placing fishing
gears such as fish cages, hecks, weirs, traps,... for aquatic resource
exploitation shall be prescribed by the agencies granting permits for aquatic
resource exploitation.
b/ The use of searchlights in
aquatic resource exploitation for some exploitation jobs and locations for
placing searchlights are prescribed at Point c, Clause 3, Section II of the
Fishery Ministry's Circular No. 02/2002/TT-BTS of December 6, 2002,
c/ Dimensions of fishing nets'
meshes permitted for use for some types of jobs are prescribed in Tables 3A and
3B to the Fisheries Ministry's Circular No. 01/2000/TT-BTS of April 28, 2000.
d/ Permits for aquatic resource
exploitation shall be uniformly granted nationwide to aquatic resource
exploitation jobs (except for those prescribed in Appendix No. 1 to Decree 86)
by the Department for Aquatic Resource Exploitation and Protection (the
Ministry of Fisheries) and the provincial Sub-Departments for Aquatic Resource
Protection. The form of permit for aquatic resource exploitation is prescribed
in Appendix No. 2 to Decree 86.
The duration of permits for
aquatic resource exploitation is prescribed at Point b, Clause 2, Section II of
the Fisheries Ministry's Circular No. 02/2002/TT-BTS of December 6, 2002.
e/ The regulations on aquatic
resource exploitation reporting and exploitation diaries shall comply with the
Law on Fisheries and its guiding documents when the Law on Fisheries takes
effect.
f/ Only acts of using
hand-carried electric shock-generating devices to exploit natural aquatic
resources shall be sanctioned according to the provisions of Point c, Clause 2
and Point b, Clause 5, Article 10 of Decree 70. Natural aquatic resources mean
aquatic resources in water areas, submerged land surfaces and land parts of
aquatic species' habitats which do not belong to organizations' or individuals'
legal use right for culture or exploitation of cultured aquatic resources
(according to the Civil Code).
g/ Specialized aquatic resource
inspectors, while performing their official duties, if detecting acts of
storing, trading in, or transporting explosives or toxic chemicals used for
aquatic resource exploitation, or aquatic resource exploitation tools on the
list of those banned from use, shall have to make records thereon and sanction
them according to their competence prescribed in Article 38 of the Ordinance on
Handling of Administrative Violations at the fine levels prescribed in Clause
2, Article 6 of Decree No. 01/CP of January 3, 1996 on sanctions against
administrative violations in the trade domain.
4. Violation of regulations on
management of fishing ships:
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a/ Food hygiene and safety
conditions on fishing ships are prescribed in branch standard 28 TCN 135: 1999.
b/ The regulations on equipment
for ensuring safety for fishermen and fishing means shall comply with the
Fisheries Ministry's Circular No. 05/1998/TT-BTS of December 29, 1998 guiding
the implementation of the Government's Decree No. 72/1998/ND-CP of September
15, 1998 on ensuring safety for fishermen and fishing means operating on the
sea.
c/ Crew members working on
fishing ships who must have crew members' books shall comply with the
provisions of Article 6 of the Regulation on registry of fishing ships and
registration of fishing ships and crew members, promulgated together with the
Fisheries Minister's Decision No. 494/2001/QD-BTS of June 15, 2001.
d/ Aquatic resource exploitation
practitioners or crew members on fishing ships, who have no fishing ship crew
members' books (for crew members working on fishing ships mentioned at Point c,
Clause 4, Section II of this Circular), personal papers or professional
certificates, shall be sanctioned according to Point c, Clause 1, Article 11 of
Decree 70.
e/ Motorized fishing ship or
ship engine operators who fail to acquire ship captain's or chief engineer's
diplomas prescribed in the Fisheries Ministry's Circular No. 02/2002/TT-BTS of
December 6, 2002 shall be sanctioned according to Point a, Clause 3, Article 11
of Decree 70.
f/ All ships and boats, before
being put to use, must be registered; fishing ships are subject to registry
according to the provisions of Clause 1, Part A, Section II of the Fisheries
Ministry's Circular No. 01/2004/TT-BTS of January 15, 2004 guiding the
implementation of Clause 1, Article 1 of the Government's Decree No.
80/2002/ND-CP of October 15, 2002 which amends and supplements a number of
articles of Decree No. 72/1998/ND-CP of September 15, 1998 on ensuring safety
for fishermen and fishing means operating on the sea.
g/ Fishing ships which must have
design dossiers upon modification or building are prescribed in Articles 7 and
15 of the Regulation on registry of fishing ships and registration of fishing
ships and crew members, promulgated together with the Fisheries Minister's Decision
No. 494/2001/QD-BTS of June 15, 2001 and the Fisheries Ministry's Circular No.
01/2004/TT-BTS of January 15, 2004.
h/ Other specific provisions on
fishing ship and crew member registry and registration shall comply with the
Regulation on registry of fishing ships and registration of fishing ships and
crew members, promulgated together with the Fisheries Minister's Decision No.
494/2001/QD-BTS of June 15, 2001.
5. Violation of regulations on
aquaculture:
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a/ Some standards on veterinary
sanitation and environmental protection for breeding establishments are
prescribed in branch standard 28 TCN 173: 2001.
b/ Some standards on conditions
for ensuring food hygiene and safety for shrimp- and fish-rearing
establishments and bivalve mollusk-harvesting zones are prescribed in branch
standards 28 TCN 190: 2004, 28 TCN 191: 2004, 28 TCN 192: 2004 and 28 TCN 193:
2004.
c/ Professional qualifications
of managerial cadres and technical workers of breeding establishments are
prescribed in Clause 3, Article 9 of Decree 86.
d/ Aquatic breed quality shall
comply with the provisions in the fishery branch standards issued by the
Ministry of Fisheries.
e/ The inspection and quarantine
of aquatic breeds shall comply with the provisions at Point c, Clause 1,
Section III of the Fisheries Ministry's Circular No. 02/2002/TT-BTS of December
6, 2002.
Transporting aquatic breeds with
volumes exceeding 15% of those inscribed in the quarantine certificates shall
be sanctioned according to Point a, Clause 2, Article 12 of Decree 70.
f/ The list of aquatic resources
(including breeds) permitted for usual import and list of those banned from
export shall comply with the Fisheries Ministry's regulations on specialized
aquatic goods export and import management.
g/ The use of aquatic feeds,
chemicals and veterinary drugs shall comply with the provisions at Point 2.2,
Clause 2, Section III of the Fisheries Ministry's Circular No. 02/2002/TT-BTS
of December 6, 2002.
h/ The Regulation on management
of the environment of the concentrated shrimp-rearing areas is promulgated
together with the Fisheries Minister's Decision No. 04/2002/QD-BTS of January
24, 2002.
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j/ The Regulation on testing of
aquatic breeds, feeds, drugs, chemicals and bio-preparations used in
aquaculture is issued together with the Fisheries Ministry's Decision No.
18/2002/QD-BTS of May 24, 2002.
k/ The Regulation on control of
toxic residues in aquatic animals and animal products is issued together with
the Fisheries Ministry's Decision No. 15/2002/QD-BTS of May 17, 2002.
l/ The regulations on epidemic
prevention shall comply with Section II of Circular No. 02 TS/TT of June 25,
1994 guiding the implementation of the Government's Decree No. 93/CP of
November 27, 1993 on veterinary work for aquatic animals and the products
thereof.
6. Violation of regulations on
aquatic resource processing:
Acts of violating the
regulations on aquatic resource processing shall be sanctioned according to
Article 15 of Decree 70. The Ministry of Fisheries hereby guides the
application of some regulations as follows:
a/ Conditions for ensuring food
hygiene and safety by processing establishments are prescribed in branch
standards 28 TCN 130: 1998, 28 TCN 136: 1999, 28 TCN 137: 1999, 28 TCN 138:
1999, 28 TCN 139: 2000 and 28 TCN 175: 2002.
b/ The regulations on inspection
and recognition of aquatic resource processing establishments meeting the food
hygiene and safety standards shall comply with Regulation 649.
c/ The system of quality
management for aquatic resource-industrially processing establishments shall
comply with branch standard 28 TCN 129: 1998 Aquatic resource-processing
establishments - Program for quality management and food safety according
to HACCP.
d/ The list of banned additives,
chemicals, detergents, disinfectants and impurities is prescribed in the
Fisheries Minister's Decision No. 01/2002/QD-BTS of January 22, 2002.
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f/ The regulations on
professional qualifications of technical cadres or personnel of aquatic
resource-industrially processing establishments shall comply with Clause 3,
Article 11 of Decree No. 86/2001/ND-CP.
g/ For aquatic resource material
evidences which are doubted to contain natural toxins detrimental to human
health, when conducting inspection or control, the persons competent to
sanction shall have to temporarily keep them for testing and determination. If
the testing or determination results show that aquatic resources contain
natural toxins detrimental to human health, sanctions shall be imposed
according to the provisions at Point e, Clause 5, Article 15 of Decree 70 and
such volumes of aquatic resources are subject to forcible destruction. If the
testing or determination results show that aquatic resources do not contain
toxins, such volumes of aquatic resources must be returned to their owners or
handled according to other law provisions.
h/ Acts of collecting,
preserving, transporting, processing and/or consuming puffer or puffer products
shall be sanctioned according to the provisions at Point e, Clause 5 of Article
15 and Point d, Clause 4 of Article 18 of Decree 70; goods and material
evidences used in violations are subject to forcible destruction.
7. Violation of regulations on
fishery service lines:
Acts of violating the
regulations on fishery service lines shall be sanctioned according to Articles
from 16 thru 20 of Decree 70. The Ministry of Fisheries hereby guides the
application of some regulations as follows:
a/ Agencies competent to grant
assorted papers:
- The Department for Aquatic
Resource Quality, Safety, Hygiene and Veterinary Management shall grant
certificates of veterinary drug production registration.
- The provincial/municipal
Fisheries Services and Agriculture and Rural Development Services managing
aquatic resources shall grant certificates of eligibility for aquatic
veterinary drug and feed trading.
- Certificates for aquatic
veterinary drug production and/or business practicing and veterinary service
provision shall be granted by the Department for Aquatic Resource Quality,
Safety, Hygiene and Veterinary Management and the provincial Sub-Departments
for Aquatic Resource Protection according to the provisions of the Fisheries
Ministry's Circular No. 01/2002/TT-BTS of September 5, 2002 guiding the
implementation of Point c, Clause 2, Article 6 of the Government's Decree No.
03/2000/ND-CP of February 3, 2000 which guides the implementation of a number
of articles of the Enterprise Law.
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c/ Food hygiene and safety
standards and conditions for fish ports are prescribed in branch standard 28
TCN 163: 2000.
III.
REGARDING SANCTIONING FORMS, PROCEDURES FOR APPLICATION OF PRECLUSIVE MEASURES
AND SANCTIONING PROCEDURES
1. The sanctioning forms and
remedial measures for administrative violations in the fishery domain are
prescribed in Article 7 of Decree 70 and Articles 11 and 12 of Decree 134.
2. The procedures for
application of measures to preclude administrative violations in the fishery
domain shall comply with Articles from 43 thru 52 of the Ordinance on Handling
of Administrative Violations and the following guidance:
a/ While performing their
official duties, the fishery specialized inspectors may apply measures to check
transport means (including fishing ships); When taking these measures, they
must comply with the provisions of Article 48 of the Ordinance on Handling of
Administrative Violations.
b/ Procedures and competence to
temporarily seize material evidences and/or means used in administrative
violations shall comply with Article 46 of the Ordinance on Handling of
Administrative Violations.
Where there are grounds to
believe that if the material evidences and/or means used in administrative
violations are not temporarily seized immediately, they may be dispersed or
destroyed, the fishery specialized inspectors shall be entitled to issue
decisions to temporarily seize material evidences and/or means used in
administrative violations. Within 24 hours after issuing a decision, the
decision-maker must report thereon to the provincial/municipal service-level
fishery specialized chief inspector or the Fisheries Ministry's fishery
specialized chief inspector and obtain such person's written consent; in cases
where such person disagrees therewith, the person who has issued the temporary
seizure decision must immediately cancel such decision and return the
temporarily seized means and things. The temporary seizure of material
evidences and/or means of administrative violations must comply with the
provisions of Article 46 of the Ordinance on Handling of Administrative
Violations.
c/ In order to prevent violators
from continuing to commit administrative violations and to ensure the
implementation of the sanctioning decisions against administrative violation
acts which, according to the provisions of the Decree, are subject to
confiscation of material evidences and/or means of violation, the fishery
specialized inspectors, while performing their official duties, may request the
carriage of violating persons, material evidences and/or means to anchorage
wharves or their head-offices for handling.
3. Sanctioning procedures:
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b/ In cases where only form of
fine is applied to the violating individuals or organizations, the fishery
specialized inspectors may temporarily seize one or several of the following
papers until such individuals or organizations have completely executed the sanctioning
decisions:
- Permit for exploitation in sea
conservation areas and submerged land conservation areas;
- Permit for aquatic resource
exploitation;
- Means registration paper;
- Assorted certificates of
technical safety (registry);
- Quarantine certificates;
- Certificates of
production/business eligibility;
- Goods quality certificates;
- Assorted professional
certificates (driving licenses, crew members' books, practicing
certificates,...);
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If the violating individuals or
organizations do not possess the above-said papers, the fishery specialized
inspectors may request the violating organizations or individuals to bring
their means to the anchorage wharves or their head-offices for handling or
temporarily seize the material evidences or violating means according to their
competence.
When detecting that the
above-said papers are granted ultra vires or contain contents contrary to law,
the persons competent to sanction shall have to immediately withdraw them and
at the same time notify the competent State agencies thereof.
c/ Procedures for confiscation
of material evidences and means of administrative violations:
- When the confiscation of
material evidences or means of administrative violations is inscribed in
sanctioning decisions, the persons competent to sanction must make records
thereon.
- Where it is necessary to seal
up material evidences or means of violations, the sealing must be effected
right before the sanctioned persons or representatives of sanctioned organizations
and witnesses; if the sanctioned persons or representatives of sanctioned
organizations are absent, there must be two witnesses.
- Material evidences or means,
which are appropriated or illegally used by violating individuals or
organizations, shall not be confiscated but must be returned to their lawful
owners, managers or users.
d/ Handling of material
evidences and means of administrative violations
Confiscated material evidences
and means of administrative violations must be handled according to Article 61
the Ordinance on Handling of Administrative Violations and the guidance in
Articles 31, 32 and 33 of Decree 134.
The handling of material
evidences and means of violation in the fishery domain, which are subject to
forcible destruction, must observe the following principles:
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- For material evidences being
diseased aquatic resources, upon destruction, it is necessary to take measures
to exclude the possibility of spreading disease germs.
- For material evidences being
aquatic resources containing natural toxins, upon destruction, it is necessary
to take measures to exclude impacts of such toxins on human health and natural
environment.
- Material evidences of
administrative violations being substances easily causing fire or explosion
shall be handled according to the provisions of Clause 2, Article 25 of Decree
70.
Upon handling of material
evidences or means of violations in the fishery domain, which are subject to
forcible destruction, the destruction councils must be set up. The councils for
handling of material evidences of violations in the fishery domain, which are
subject to forcible destruction, must be composed of:
- Representatives of persons
competent to impose sanctions,
- Representatives of fishery
State management bodies,
- Representatives of environment
and public security bodies.
Depending on the nature of to
be-destroyed material evidences, representatives of other functional agencies
may also be invited.
e/ The postponement of execution
of decisions on fines shall comply with Article 65 of the Ordinance on Handling
of Administrative Violations.
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f/ Transferring decisions on
sanctioning administrative violations:
The transfer of decisions on
sanctioning administrative violations in the fishery domain shall only apply to
the form of fine inscribed in the decisions. The procedures and order for
transferring decisions on sanctioning administrative violations shall comply
with Article 26 of Decree 70 and Article 27 of Decree 134.
The agencies issuing the
sanctioning decisions must archive dossiers of administrative violation cases
and sanctioning decisions' copies.
The agencies executing
sanctioning decisions shall have to organize the execution of sanctioning
decisions, collect and remit fines according to the provisions of Articles 57,
58, 64 and 66 of the Ordinance on Handling of Administrative Violations; notify
the agencies transferring the sanctioning decisions in writing of the results
within 3 days after having completely executed the sanctioning decisions.
4. The procedures for
application of measures for forcible implementation of administrative
violation-sanctioning decisions shall comply with the Government's separate
regulations.
5. For complicated violations
which are difficult to be determined as administrative violations or as having
constituted crimes prescribed in the Penal Code, the persons competent to
sanction administrative violations shall consult with the investigating bodies
of the same levels and issue decisions on sanctioning administrative violations
or carry out procedures to transfer dossiers for penal liability examination
only after obtaining the opinions of the investigating bodies of the same
levels. The transfer of dossiers of violation cases which show criminal signs
for penal liability examination shall comply with Article 62 of the Ordinance
on Handling of Administrative Violations.
IV. REGARDING
SANCTIONING COMPETENCE
1. The principles for
determining competence to handle violations shall comply with Article 42 of the
Ordinance on Handling of Administrative Violations and the specific guidance in
Article 13 of Decree 134. The competence to sanction administrative violations
in the fishery domain is prescribed in Articles from 22 thru 25 of Decree 70.
2. The fishery specialized
inspectorates, which, for the immediate future, act as the aquatic resource
protection inspectorates, set up by the Prime Minister and organized and
operating under Decision No. 415/TTg of August 10, 1994, may sanction
administrative violations according to their competence prescribed in Article
23 of Decree 70:
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b/ The provincial/municipal
Fisheries Services' fishery specialized inspectorates act as the provincial
aquatic resource protection inspectorates.
3. The sanctioning competence of
fishery specialized inspectors and chief inspectors of various levels
prescribed in Article 23 of Decree 70 is the competence applicable to an
administrative violation. In case of fine, the sanctioning competence shall be
determined on the basis of the maximum level of the fine bracket prescribed for
each specific violation act in Decree 70.
4. In case of sanctioning a
person who commits many administrative violation acts, the sanctioning
competence shall be determined on the following principles:
a/ If the sanctioning forms and
levels prescribed for each act all fall under the sanctioning persons'
competence, such persons shall still have the sanctioning competence;
b/ If the sanctioning forms and
levels prescribed for one of acts fall beyond the sanctioning persons'
competence, such persons must transfer the violation cases to authorities
competent to impose sanctions;
c/ If acts fall under
sanctioning competence of many persons of different sectors, the sanctioning
competence shall belong to the presidents of the People's Committees of the
levels with sanctioning competence of the localities where the violations are
committed.
5. While conducting inspection
or control on the sea, if detecting acts of infringing upon the territorial
waters, territorial water-contiguous areas, exclusive economic zones or
continental shelf of the Socialist Republic of Vietnam for the purpose of
research, prospection or exploitation of aquatic resources, the fishery
specialized inspectorates shall have to make records thereon and arrest
violating persons and means in order to transfer them to competent functional
agencies for handling according to the provisions of Vietnamese law, and at the
same time coordinate with such agencies in handling thereof.
6. Authorization to
sanction administrative violations shall comply with Article 41 of the
Ordinance on Handling of Administrative Violations and the specific guidance in
Article 14 of Decree 134.
V. SOME FORMS
AND PAPERS USED IN SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE FISHERY DOMAIN:
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1. Form 01 - BBXP: Record on
administrative violations in the fishery domain
2. Form 02- BBXP: Record on
temporary seizure of papers, material evidences and means of administrative
violations in the fishery domain
3. Form 03- BBXP: Record on
confiscation of material evidences and means of administrative violations in
the fishery domain
4. Form 04- BBXP: Record on
inspection of transport means and articles according to administrative
procedures
5. Form 05- BBXP: Record on
hand-over or return of papers, material evidences and means of administrative
violations in the fishery domain
6. Form 06- BBXP: Record on
destruction of material evidences and means of administrative violations in the
fishery domain
7. Form 07- QDXP: Decision on
sanctioning administrative violations in the fishery domain
8. Form 08- QDXP: Decision on
sanctioning administrative violations in the fishery domain in form of fine
(according to simple procedures)
9. Form 09- QDXP: Decision on sanctioning
administrative violations in the fishery domain in form of caution
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11. Form 11- QDXP: Decision on
forcible implementation of decisions on sanctioning administrative violations
in the fishery domain
12. Form 12- QDXP: Decision on
postponement of sanctioning administrative violations in the fishery domain
13. Form 13- QDXP: Decision on
transfer of dossiers of administrative violations in the fishery domain to
legal-proceedings agencies.
VI.
ORGANIZATION OF IMPLEMENTATION
1. The ministries and branches
competent to handle administrative violations in the fishery domain and the
People's Committees of all levels shall direct and guide the implementation of
the regulations on sanctioning administrative violations in the fishery domain
among ministries, branches and units under their respective management, and
regularly coordinate with the Ministry of Fisheries in implementing Decree 70.
2. The Legal Department shall
assist the Minister; the directors of the provincial/municipal Services of
Fisheries and Services of Agriculture and Rural Development shall assist the
presidents of the provincial/municipal People's Committees, in propagating and
disseminating the contents of Decree 70 and the Ordinance on Handling of
Administrative Violations to organizations and individuals engaged in fishing
and relevant activities.
The Department for Aquatic
Resource Exploitation and Protection and the Department for Aquatic Resource
Quality, Safety, Hygiene and Veterinary Management shall coordinate with the
Legal Department and the Fisheries Ministry's Inspectorate in organizing
training on the work of administrative violation sanctioning for the fishery
specialized inspectorates.
3. The directors of the
provincial/municipal Services of Fisheries and Services of Agriculture and
Rural Development managing aquatic resources shall have to assist the
provincial/municipal People's Committees in directing the implementation of
Decree 70 in their respective localities; sum up the situation on examination
and sanctioning of administrative violations by the provincial fishery
specialized inspectorates and report thereon to the provincial People's
Committees and the Ministry of Fisheries; propose in time to the Ministry of
Fisheries problems arising in the implementation of Decree 70 and this
Circular.
4. This Circular takes effect 15
days after its publication in the Official Gazette and replaces the Fisheries
Ministry's Circular No. 04-TT/BVNLTS of October 10, 1996 guiding the
implementation of the Government's Decree No. 48/CP of August 12, 1996 which
prescribes the sanctioning of administrative violations in the aquatic resource
protection domain and the Fisheries Ministry's Circular No. 01/1998/TT-BTS of
February 19, 1998 amending and supplementing a number of points of the
Fisheries Ministry's Circular No. 04-TT/BVNLTS of October 10, 1996 guiding the
implementation of the Government's Decree No. 48/CP of August 12, 1996 which
prescribes the sanctioning of administrative violations in the aquatic resource
protection domain; all previous regulations contrary to this Circular are
hereby annulled.
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MINISTER OF
FISHERIES
Ta Quang Ngoc