THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
137/2004/ND-CP
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Hanoi,
June 16, 2004
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DECREE
PRESCRIBING THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN
THE SEA AREAS AND THE CONTINENTAL SHELF OF THE SOCIALIST REPUBLIC OF VIETNAM
THE
GOVERNMENT
Pursuant to the December 25,
2001 Law on Organization of the Government;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative
Violations;
Pursuant to the March 28, 1998 Ordinance on Vietnam Coast Guard;
At the proposal of the Defense Minister,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
Scope of regulation
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Article 2.-
Subjects of application
1. Vietnamese individuals and
organizations committing administrative violations in the sea areas and the
continental shelf of the Socialist Republic of Vietnam (excluding seaports)
shall be also administratively sanctioned under the provisions of this Decree
and other law provisions.
2. Foreign individuals and
organizations committing administrative violations in the sea areas and the
continental shelf of the Socialist Republic of Vietnam (excluding seaports)
shall also be administratively sanctioned under the provisions of this Decree
and other law provisions, unless otherwise provided for by relevant
international agreements which the Socialist Republic of Vietnam has signed or
acceded to.
Article 3.-
Principles for sanctioning of administrative violations
The principles for sanctioning
of administrative violations shall comply with Article 3 of the Ordinance on
Handling of Administrative Violations.
Article 4.-
Aggravating and extenuating circumstances
The aggravating and extenuating
circumstances applied to the sanctioning of administrative violations specified
in Chapter II of this Decree shall comply with Article 8 and Article 9 of the
Ordinance on Handling of Administrative Violations.
Article 5.-
Statute of limitations for sanctioning of administrative violations; time
limits for being considered not yet having been handled for administrative
violations
1. The statute of limitations
for sanctioning of administrative violations is one year, counting from the date
of commission of administrative violations in the environmental, export,
import, exit and entry domains; two years for administrative violations in the
smuggling and trading of fake goods; past these statutes of limitations, the
violators shall not be sanctioned but still be forced to take the remedial
measures specified in Clause 3, Article 12 of the Ordinance on Handling of
Administrative Violations.
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2. The time limits for being
considered not having been handled for administrative violations: individuals
and organizations sanctioned for administrative violations shall be considered
not having been sanctioned for administrative violations if they do not relapse
into violations one year after the date they completely serve the sanctioning
decisions or after the statute of limitations for executing the sanctioning
decisions expires.
Article 6.-
Forms of sanctioning of administrative violations and remedial measures
The forms of sanctioning of
administrative violations and remedial measures prescribed in this Decree shall
comply with Chapter II of the Ordinance on Handling of Administrative
Violations.
Chapter II
SANCTIONING FORMS AND LEVELS FOR ADMINISTRATIVE
VIOLATIONS
Article 7.-
Sanctioning of violations committed by foreign vessels
1. A fine of between VND
5,000,000 and VND 10,000,000 for acts of illegally stopping or anchoring in the
internal waters and territorial sea of Vietnam.
2. A fine of between VND
10,000,000 and VND 20,000,000 for one of the following acts:
Emitting smoke, firing assorted
guns, firing signals or using explosives in the internal waters, territorial
sea or contiguous zone of Vietnam for any purposes, except for firing emergency
signals and salute guns.
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Obstructing activities of
maritime navigation, activities of fishing or culturing aquatic resources,
activities of exploring, prospecting and/or exploiting marine resources; other
lawful activities in the sea areas and the continental shelf of Vietnam.
4. A fine of between VND
30,000,000 and VND 40,000,000 for one of the following acts:
a/ Using radio frequencies at
variance with the post and telecommunication law provisions of the Socialist
Republic of Vietnam;
b/ Causing harmful interferences
to the communication networks in service of marine safety and salvage and other
communication networks of the Socialist Republic of Vietnam.
5. A fine of between VND
40,000,000 and VND 50,000,000 for the following acts:
Failing to put all the fixed and
mobile weapons on board in the preservation state when the armed vessels enter
the internal waters, territorial sea or contiguous zone of Vietnam.
6. A fine of between VND
50,000,000 and VND 60,000,000 for one of the following acts:
Failing to take professional
measures to prevent dangers and hazards or failing to supply Vietnamese
authorities with technical documents on radioactive, dangerous or hazardous
substances on board when so requested, for atomic energy-operated ships and
vessels transporting radioactive substances, carrying or using dangerous or
hazardous substances when they are permitted to pass the internal waters,
territorial sea and contiguous zone of Vietnam.
7. A fine of between VND
60,000,000 and VND 100,000,000 for one of the following acts:
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8. Additional sanctioning forms:
Confiscating material evidences
and/or means used for commission of the administrative violations specified in
Clauses 2 and 4 of this Article.
Article 8.-
Sanctioning of violations committed by foreign fishing vessels moving in the
sea areas of Vietnam
1. A fine of between VND
10,000,000 and VND 20,000,000 for one of the following acts:
a/ Failing to pull up fishing
nets or other tools;
b/ Failing to put in the
preservation state all devices for exploring, detecting and/or attracting
fishes.
2. Additional sanctioning forms:
Confiscating material evidences
and/or means used for commission of the administrative violations specified in
Clause 1 of this Article.
Article 9.-
Sanctioning of violations committed by foreign individuals and organizations
permitted to conduct scientific researches in the sea areas of Vietnam
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2. A fine of between VND
20,000,000 and VND 30,000,000 for acts of carrying weapons, ammunitions, explosives,
hazardous substances and reconnaissance means.
3. A fine of between VND
30,000,000 and VND 50,000,000 for acts of installing and using research
equipment, tools or works without permission of competent Vietnamese
authorities.
4. Additional sanctioning forms
and remedial measures:
a/ Confiscating material
evidences and/or means used for commission of administrative violations
specified in Clauses 2 and 3 of this Article;
b/ Forcing the dismantlement of
works, equipment, tools and withdrawing licenses or suspending the operation,
for administrative violations specified in Clause 3 of this Article.
Article
10.- Sanctioning of other violations of law provisions on security, social
order and safety on the sea
1. A fine of between VND
5,000,000 and VND 10,000,000 for one of the following acts:
a/ Illegally stopping one's
vessel alongside with foreign ships for transactions; purchasing, selling,
transporting, exchanging goods;
b/ Failing to obey or
obstructing the inspection and control by marine patrol forces;
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3. A fine of between VND
30,000,000 and VND 50,000,000 for violation acts of carrying out exploiting,
researching into, prospecting and other activities not at the places, not
within the scope, not of the nature or occupations prescribed in the licenses.
4. A fine of between VND
50,000,000 and VND 100,000,000 for one of the following acts:
a/ Driving means into restricted
areas or areas requiring permits without such permits;
b/ Submarines or underwater
means of foreign individuals or organizations moving or stopping not afloat in
the territorial sea or without flying their (national) flags according to
regulations.
5. A fine of between VND
300,000,000 and VND 500,000,000 for acts committed by foreign individuals or
organizations encroaching upon the sea areas or the continental shelf of the
Socialist Republic of Vietnam and using radars, ultrasonic wave-transmitters,
observation devices, gauges, diving equipment and other devices in order to
research into, prospect or exploit oil and gas and other natural resources.
6. Additional sanctioning forms:
a/ Confiscating goods, for
violations specified at Point a, Clause 1 of this Article;
b/ Confiscating material
evidences and/or means used for commission of the administrative violations
specified in Clauses 3 and 5 of this Article;
c/ Depriving of the right to use
licenses for 3 to 6 months or indefinitely, for violations specified in Clauses
2 and 3 of this Article.
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1. A fine of between VND 500,000
and VND 1,000,000 for acts of smoking, injecting, inhaling or otherwise
illegally using drugs.
2. A fine of between VND
5,000,000 and VND 10,000,000 for other acts in the drug prevention and combat
domain.
Article
12.- Sanctioning of violations in the domain of registration of sea-going
ships and crew members
1. A fine of between VND
1,000,000 and VND 5,000,000 for one of the following acts:
a/ Damaging sea-going ship
registration certificates;
b/ Damaging crewman's passports
or other crewman's professional maritime certificates;
c/ Damaging the crew registers;
d/ Using the expired
professional maritime certificates and crew member's passports which have not
yet been extended, changed or re-granted according to regulations.
2. A fine of between VND 5,000,000
and VND 10,000,000 for one of the following acts:
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b/ Having no crew registers;
c/ Crew members failing to fully
have professional maritime diplomas and certificates as prescribed.
3. A fine of between VND
10,000,000 and VND 15,000,000 for acts of erasing, forging, hiring or borrowing
sea-going ship registration certificates, crewman's passports, professional
maritime diplomas or certificates.
4. A fine of between VND
15,000,000 and VND 20,000,000 for one of the following acts:
a/ Exploiting ships which have
not yet been granted the sea-going ship registration certificates;
b/ Failing to make registration
for change of ship owners as prescribed by law when the ships change hands;
c/ Having no permit for
departure from the last port.
5. Additional sanctioning forms:
Confiscating the sea-going ship
registration certificates, crewman's passports or professional diplomas and
certificates, for violations specified in Clause 3 of this Article.
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1. A fine of VND 500,000 (per
passenger) for transporting passengers in excess of the prescribed number.
2. A fine of between VND 500,000
and VND 1,000,000 for one of the following acts:
a/ Ships having no boards
showing the regulations on the life-saving and wreck-saving duties put up at
the required positions or having such boards already damaged. Having no boards
showing the assignment of life-saving or wreck-saving duties to each crewman at
prescribed places on board;
b/ Ships having no boards
showing instructions on the operation of life-saving and wreck-saving devices
or having such instruction boards already damaged;
c/ Having no ship logbooks or
using ship logbooks at variance with regulations;
d/ Having no or inadequate ship
certificates as prescribed;
e/ Using the expired or invalid
certificates;
f/ Erasing or forging
certificates.
3. A fine of between VND
1,000,000 and VND 5,000,000 for one of the following acts:
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b/ Ships arranged with
complements less than the prescribed minimum complement or having crewmen in
excess of the prescribed complement;
c/ The names of persons holding
certain posts are different from those registered in the crew registers;
d/ The means having no names and
registration numbers as prescribed or having their names and/or registrations
inscribed unclearly or incorrectly.
4. A fine of between VND
5,000,000 and VND 10,000,000 for one of the following acts:
a/ Having inadequate life-saving
equipment as prescribed;
b/ Having life-saving equipment
which are sub-standard or unready for prompt operation.
5. A fine of between VND
10,000,000 and VND 15,000,000 for one of the following acts:
a/ Having no life-saving and
wreck-saving equipment as prescribed;
b/ Having life-saving equipment
which have expired;
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6. A fine of between VND
15,000,000 and VND 30,000,000 for vessels illegally transporting passengers.
7. Additional sanctioning forms:
a/ Depriving of the right to use
licenses for 3 to 6 months or indefinitely, for violations specified in Clause
1, Point c of Clause 5 of this Article;
b/ Confiscating the means used
for repeating the administrative violations specified in Clause 6 of this
Article; forcing the renewal of certificates, withdrawing the forged
certificates specified at Point f, Clause 2 of this Article.
Article
14.- Sanctioning of violations of the explosion and fire prevention and
fight regulations applicable to vessels
1. A fine of between VND
2,000,000 and VND 10,000,000 for one of the following acts:
a/ Having no fire-fighting
system diagram, no boards showing the fire-fighting duty assignment and no boards
showing the on-board operation instructions;
b/ Fire-extinguishing equipment
not put at the designated places on board;
c/ Crewmen on board failing to
handle skillfully fire-extinguishing equipment;
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2. A fine of between VND
10,000,000 and VND 15,000,000 for one of the following acts:
a/ Failing to observe or
incompletely observing the regulations on fire prevention and fighting;
b/ Failing to fully equip
fire-extinguishing equipment according to the Vietnamese law provisions and
international agreements which Vietnam has signed or acceded to;
c/ Fire-extinguishing equipment
being not in the ready-to-operate state or being out of order;
d/ Having no warning signs or
necessary instructions at places prone to fire or explosion;
e/ Failing to strictly comply
with the regulations on preservation and maintenance of fire-extinguishing
equipment;
f/ Transporting inflammables and
explosives together with passengers.
3. Additional sanctioning forms:
Confiscating material evidences
used for commission of administrative violations specified at Point f, Clause 2
of this Article.
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1. A fine of between VND
2,000,000 and VND 5,000,000 on drivers who commit the following violations of
the voyage rules:
a/ Failing to use or improperly
using assorted signals according to regulations;
b/ Failing to comply with the
rules on avoidance of marine collusions.
2. A fine of between VND
5,000,000 and VND 10,000,000 for one of the following acts:
a/ Failing to place warning
signs for sunken means or structures which constitute obstacles in the sea;
b/ Failing to place warning
signs of artificial islets or marine structures;
c/ Replacing or negating the
effects of maritime signals.
3. Remedial measures:
Forcing the placement of
signals, for violations specified at Points a and b of Clause 2; forcing the
restoration of the original state, for violations specified at Point c, Clause
2 of this Article.
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1. A fine of between VND
1,000,000 and VND 5,000,000 for one of the following acts:
a/ Letting other means cling
onto or tie to one's means going on voyage at variance with regulations;
b/ Using towing means not
according to their function;
c/ Passenger ships having no
internal-rule boards placed at prescribed places on board;
d/ Arranging passengers or
letting them sit not in prescribed places;
e/ Loading cargoes not in
prescribed places.
2. A fine of between VND
10,000,000 and VND 20,000,000 for acts of using fake number plates when
operating the means.
3. Additional sanctioning forms:
Depriving the ship masters of
the right to use their professional diplomas or certificates for 3 to 6 months
or indefinitely; confiscating material evidences and/or means used for
commission of administrative violations specified in Clause 2 of this Article.
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1. A fine of between VND
5,000,000 and VND 10,000,000 for failing to strictly obey the search and rescue
maneuver orders issued by competent agencies.
2. A fine of between VND
10,000,000 and VND 20,000,000 for failing to observe the regulations on
maritime search and rescue.
3. A fine of between VND
20,000,000 and VND 50,000,000 for failing to obey the search and rescue
maneuver orders of competent agencies.
Article
18.- Sanctioning of violations of the regulations on salvage of properties
sunken in the sea
1. Fine of between VND 200,000
and VND 1,000,000 for acts of failing to report or incorrectly reporting on
properties sunken in the sea when detecting them.
2. A fine of between VND
10,000,000 and VND 20,000,000 for one of the following acts:
a/ Failing to put up or putting
up not in time notice signs suitable to the positions of sunken properties;
b/ Conducting the salvage or
terminating the salvage of sunken properties not at the prescribed time.
c/ Salvaging sunken properties without
permits.
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4. Additional sanctioning forms:
a/ Confiscating material
evidences and/or means used for commission of administrative violations
specified at Points b and c of Clause 2, and in Clause 3 of this Article;
b/ Forcing the placement of
signs of the positions of sunken properties specified at Point a, Clause 2 of
this Article.
Article
19.- Sanctioning of violations of the regulations on prevention of
pollution of the marine environment from vessels
1. A fine of between VND
2,000,000 and VND 5,000,000 for one of the following acts:
a/ Having inadequate oil or
bilge water-filtering equipment as required by Vietnamese law provisions and
international agreements which Vietnam has signed or acceded to;
b/ Oil-filtering equipment being
no longer operational;
c/ Failing to make entries in
oil record books or making entries in oil record books at variance with
regulations.
2. A fine of between VND
5,000,000 and VND 10,000,000 for one of the following acts:
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b/ Have no certificates
according to the regulations on prevention of pollution caused by oil.
3. A fine of between VND
10,000,000 and VND 20,000,000 for one of the following acts:
a/ Discharging garbage or dirty
water or waste water mixed with oil and other hazardous substances from vessels
into the prohibited or restricted sea areas;
b/ Discharging oil, grease,
noxious chemicals, radioactive substances, substances containing dangerous
waste matters or other harmful substances at variance with regulations;
c/ Violating other regulations
on prevention of pollution of the marine environment from vessels.
4. Application of remedial
measures:
Forcing to take measures to
remedy the environmental pollution or degradation, for violations specified in
Clause 3 of this Article; if damage is caused, compensations therefor must be
paid according to law provisions.
Article
20.- Sanctioning of violations of the regulations on transport of hazardous
substances by sea
1. A fine of between VND
2,000,000 and VND 10,000,000 for one of the following acts:
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b/ Having no certificates as
prescribed for prevention of pollution from the transport of noxious liquids in
bulk;
c/ Vessels transporting
hazardous substances without the special list or the declared list of hazardous
substances and their locations on board;
d/ Failing to supply or
supplying at variance with regulations the necessary characteristics of
hazardous goods being transported on board;
e/ Violating other regulations
when transporting hazardous substances.
2. A fine of between VND
10,000,000 and VND 15,000,000 for one of the following acts:
a/ Having no licenses for
transport of hazardous substances;
b/ Transporting hazardous
substances at variance with the provisions of the licenses.
3. A fine of between VND
15,000,000 and VND 20,000,000 for one of the following acts:
a/ Transporting hazardous
cargoes together with passengers;
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c/ Having no plans for
preventing and dealing with incidents in the course of transporting hazardous
substances;
d/ Having no prevention rules,
notice boards or safety instructions or technical equipment to ensure safety
requirements while transporting hazardous substances;
e/ Failing to observe other
regulations on application of special preventive measures according to the
regulations on environmental protection.
4. Additional sanctioning forms:
a/ Depriving of the
environmental licenses for 3 to 6 months or indefinitely, for violations
specified in Clause 1 of this Article;
b/ Confiscating means, forcing
the destruction of hazardous substances used for commission of administrative
violations specified at Point a, Clause 2 of this Article.
Article
21.- Sanctioning of violations in the transport of waste matters by sea
1. A fine of between VND
5,000,000 and VND 10,000,000 for one of the following acts:
a/ Transporting waste matters
and environmental pollutants at variance with the regulations on environmental
protection;
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2. A fine of between VND
10,000,000 and VND 15,000,000 for one of the following acts:
a/ Having no licenses for
transport of hazardous or radioactive waste matters;
b/ Transporting hazardous and/or
radioactive waste matters at variance with the provisions of the licenses.
3. A fine of between VND
15,000,000 and VND 20,000,000 for one of the following acts:
a/ Having no equipment or having
inadequate technical equipment to ensure the safety requirements when
transporting hazardous and/or radioactive waste matters;
b/ Having no written approval of
the State management agencies in charge of environment when transporting in
transit hazardous and/or radioactive waste matters through the internal waters
and territorial sea of Vietnam;
c/ Failing to notify in advance
the State management agencies in charge of environment when transporting
hazardous and/or radioactive waste matters through the exclusive economic zone
of Vietnam.
4. Additional sanctioning forms
and remedial measures:
a/ Depriving of the right to use
environmental licenses for 3 to 6 months or indefinitely for violations
specified in Clause 1, at Point b of Clause 2 and Point a of Clause 3 of this
Article;
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c/ Forcing the remedy of
consequences caused by violations specified in this Article.
Article
22.- Sanctioning of foreign individuals and organizations committing acts
of encroaching upon the sea areas and the continental shelf of the Socialist
Republic of Vietnam in order to exploit marine resources
1. A fine of between VND
10,000,000 and VND 20,000,000 on organizations or individuals for committing
the violation with the means without engines or with engines having the total
main engine power of under 45 CV.
2. A fine of between VND
20,000,000 and VND 50,000,000 on organizations or individuals for committing
the violation with the means having the total main engine power of between over
45 CV and 90 CV.
3. A fine of between VND
50,000,000 and VND 100,000,000 on organizations or individuals for committing
the violation with the means having the total main engine power of between over
90 CV and 135 CV.
4. A fine of between VND
100,000,000 and VND 200,000,000 on organizations or individuals for committing
the violation with the means having the total main engine power of between over
135 CV and 200 CV.
5. A fine of between VND
200,000,000 and VND 300,000,000 on organizations or individuals for committing
the violation with the means having the total main engine power of between over
200 CV and 300 CV.
6. A fine of between VND
300,000,000 and VND 400,000,000 on organizations or individuals for committing
the violation with the means having the total main engine power of between over
300 CV and 400 CV.
7. A fine of between VND
400,000,000 and VND 500,000,000 on organizations or individuals for committing
the violation with the means having the total main engine power of over 400 CV.
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Confiscating material evidences
and means used for commission of administrative violations specified in Clauses
1, 2, 3, 4, 5, 6 and 7 of this Article.
Chapter
III
COMPETENCE AND PROCEDURES FOR SANCTIONING AND APPLYING
MEASURES TO STOP ACTS OF ADMINISTRATIVE VIOLATION
Article
23.- Vietnam Coast Guard's competence to sanction administrative violations
1. In the sea areas and the
continental shelf of Vietnam, excluding seaports, Vietnam Coast Guard has
competence to sanction acts of administrative violation under the provisions of
this Decree and other relevant law provisions.
2. In the domains of security,
order and safety, customs, tax, trade, environmental protection, aquatic
resource protection, mineral resource protection, and animal and plant
quarantine and acts of administrative violation in other domains related to the
sea areas and the continental shelf of Vietnam, Vietnam Coast Guard shall
sanction administrative violations under the Government's already promulgated
decrees pertaining to such domains.
3. Members of Vietnam Coast
Guard's Professional Teams on duty have the following rights:
a/ To issue cautions;
b/ To impose fine of up to VND
200,000.
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a/ To issue cautions;
b/ To impose fine of up to VND
500,000.
5. The heads of Vietnam Coast
Guard's Professional Teams have the following rights:
a/ To issue cautions;
b/ To impose fine of up to VND
2,000,000.
6. The heads of Vietnam Coast
Guard's flotillas have the following rights:
a/ To issue cautions;
b/ To impose fine of up to VND
5,000,000;
c/ To apply remedial measures:
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- To force the taking of
measures to remedy the environmental pollution or spread of epidemics caused by
administrative violations;
- To force the destruction of
articles harmful to human health, animals or plants, depraved cultural
products.
7. The heads of Vietnam Coast
Guard's fleets have the following rights:
a/ To issue cautions;
b/ To impose fine of up to VND
10,000,000;
c/ To confiscate material evidences
and/or means used for commission of administrative violations;
d/ To apply remedial measures:
- To force the restoration of
the original state already altered due to administrative violations or the
dismantlement of illegally built works;
- To force the taking of
measures to remedy the environmental pollution or spread of epidemics caused by
administrative violations;
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8. The commanders of regional
Vietnam Coast Guard have the following rights:
a/ To issue cautions;
b/ To impose fine of up to VND
20,000,000;
c/ To confiscate material
evidences and/or means used for commission of administrative violations;
d/ To apply remedial measures:
- To force the restoration of
the original state already altered due to administrative violations or the
dismantlement of illegally built works;
- To force the taking of
measures to remedy the environmental pollution or spread of epidemics caused by
administrative violations;
- To force the destruction of
articles harmful to human health, animals and plants, depraved cultural
products.
9. The director of Vietnam Coast
Guard Department has the following rights:
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b/ To impose fine of up to VND 500,000,000;
c/ To deprive of the right to
use licenses and practice certificates falling under his/her competence;
d/ To confiscate material
evidences and means used for commission of administrative violations;
e/ To apply remedial measures:
- To force the restoration of
the original state already altered due to administrative violations or the
dismantlement of illegally built works;
- To force the taking of
measures to remedy the environmental pollution or spread of epidemics caused by
administrative violations;
- To force the destruction of
articles harmful to human health, animals or plants, depraved cultural
products.
10. If the persons with
competence to sanction administrative violations defined in Clauses 3, 4, 5, 6
and 7 of this Article are absent, their authorized deputies shall have
competence to handle administrative violations and must take responsibility for
their decisions.
Article
24.- Vietnam Coast Guard's competence to apply measures to stop
administrative violations and ensure the handling of administrative violations
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a/ Members of Vietnam Coast
Guard's Professional Teams in the cases specified in Articles 47 and 48 of the
Ordinance on Handling of Administrative Violations;
b/ Heads of Vietnam Coast
Guard's flotillas;
c/ Heads of Vietnam Coast
Guard's fleets.
2. The application of measures
to stop administrative violations and ensure the handling of administrative
violations shall comply with the provisions of Points a, b, c, d and e, Clause
1, Article 43 of the Ordinance on Handling of Administrative Violations.
3. When applying measures to
stop administrative violations and ensure the handling of administrative
violations, the competent persons must strictly observe the provisions of
Articles 44, 45, 46, 47, 48 and 49 of the Ordinance on Handling of
Administrative Violations; if committing violations, they shall be handled
under the provisions of Article 121 of the Ordinance on Handling of
Administrative Violations.
4. If the persons with
competence to sanction administrative violations defined at Points b and c,
Clause 1 of this Article are absent, their authorized deputies shall have
competence to make decisions and must take responsibility for their decisions.
Article
25.- Competence of other agencies and forces
1. Competent persons defined in
the Ordinance on Handling of Administrative Violations shall have the rights to
impose sanctions, apply measures to stop administrative violations and ensure
the handling of administrative violations and have other powers over violation
acts under this Decree in the domains or branches under their management.
2. The principles for
determining the competence of other specialized forces and People's Committees
at all levels to sanction administrative violations in this Decree shall comply
with the provisions of Article 42 of the Ordinance on Handling of
Administrative Violations and other relevant law provisions.
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Article
26.- Procedures for sanctioning administrative violations
The procedures for sanctioning
administra-tive violations shall comply with Chapter VI of the Ordinance on
Handling of Administrative Violations and Chapter VI of 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.
Chapter IV
COMPLAINTS, DENUNCIATIONS, HANDLING OF VIOLATIONS
Article
27.- Complaints, denunciations and settlement thereof
1. Individuals or organizations
handled for administrative violations under this Decree or their lawful
representatives may complain about the sanctioning decisions of competent
persons under the law provisions on complaints and denunciations. Pending the
availability of the complaint settlement results of competent agencies or
persons, the sanctioned individuals or organizations must still abide by the
sanctioning decisions, except for the case where they are forced to dismantle
built works.
Where the complaining
individuals or organizations disagree with the complaint-settling decisions,
they may complain with superior complaint-settling agencies or initiate
administra-tive lawsuits at courts according to law provisions.
2. Individuals shall have the
right to denounce to competent State agencies administrative violations
specified in this Decree committed by other individuals or organizations
according to law provisions on complaints and denunciations.
3. Individuals shall have the
right to denounce to competent State agencies illegal acts committed by persons
with competence to sanction administrative violations defined in Article 25 of
this Decree.
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1. If persons with
administrative violation-handling competence defined in this Decree harass,
tolerate, cover up, fail to sanction or sanction not in time, sanction
improperly or sanction ultra vires administrative violations, they shall,
depending on the nature and seriousness of their violations, be disciplined or
examined for penal liability; if causing damage, they must pay compensations
therefor according to law provisions.
2. If persons sanctioned for
administrative violations commit acts of obstructing or opposing the persons on
duty with examining, controlling and sanctioning responsibilities or
deliberately delaying or shirking the performance of the administrative
violation-sanctioning decisions, they shall, depending on the nature and
seriousness of their violations, be administratively sanctioned or examined for
penal liability; if causing damage, they must pay compensations therefor
according to law provisions.
Chapter V
IMPLEMENTATION PROVISIONS
Article
29.- Effect of the Decree
This Decree takes effect 15 days
after its publication in the Official Gazette and replaces the Government's
Decree No. 36/1999/ND-CP of June 9, 1999 prescribing the sanctioning of
administrative violations in the territorial sea, the contiguous zone, the
exclusive economic zone and the continental shelf of the Socialist Republic of
Vietnam.
Other law provisions on the
sanctioning of acts of administrative violation on the sea, which are contrary
to this Decree, are hereby annulled.
Article
30.- Responsibilities of agencies
1. The Defense Minister shall
assume the prime responsibility for, and coordinate with the concerned
ministries and branches in, guiding, examining and urging the implementation of
this Decree.
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ON BEHALF OF THE
GOVERNMENT
PRIME MINISTER
Phan Van Khai