THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence- Freedom- Happiness
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No.92/1999/ND-CP
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Hanoi,
September 4, 1999
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DECREE
ON SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS IN THE
MARITIME FIELD
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to Vietnam’s Maritime Code of
July 12, 1990;
Pursuant to the Ordinance on Handling of Administrative Violations of July 6,
1995;
At the proposal of the Minister of Communications and Transport,
DECREES
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
regulation
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2. Administrative violations in the maritime
field prescribed in this Decree include:
a/ Violations in seaport exploitation
activities;
b/ Violations in maritime activities of vessels
within seaport areas and maritime zones;
c/ Violations in sea shipping business and
maritime service activities;
d/ Violations in maritime search and rescue
activities;
e/ Violations in sunken property salvage and
recovery activities;
f/ Violations in maritime safety guaranty
activities.
Article 2.- Objects of
application
1. All organizations and individuals that commit
acts of administrative violation in the maritime field shall be dealt with
according to the provisions of this Decree and other relevant provisions of the
legislation on handling of administrative violations.
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2. The sanctioning of administrative violations
committed by minors in the maritime field shall comply with the provisions in
Point a, Clause 1 of Article 5, and Article 6 of the Ordinance on Handling of
Administrative Violations (hereafter referred to as the Ordinance).
Article 3.- Sanctioning
principles
1. The principles for sanctioning administrative
violations in the maritime field shall comply with the provisions in Article 3
of the Ordinance.
2. The sanctions against administrative
violations in the maritime field shall be imposed by competent persons defined
in Articles 27, 28, 29 and 30 of this Decree.
3. No sanction shall be imposed on
administrative violations committed under force majeure circumstances or in
emergency cases to protect human life or ensure the safety of vessels, cargo
and navigation projects.
Article 4.- Extenuating
and aggravating circumstances
1. Extenuating circumstances in the maritime
field are those specified in Article 7 of the Ordinance.
2. Aggravating circumstances in the maritime
field are those specified in Article 8 of the Ordinance.
Article 5.- The statute
of limitations for sanctioning
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For administrative violations committed in the
exploitation of seaports and maritime projects; export and import of vessels
and maritime special-use equipment; exit and/or entry of vessels, crew members
and passengers, the statute of limitations for sanctioning shall be two years
after such administrative violation acts are committed.
Past that statute of limitations, no sanctions
shall be imposed on administrative violations, but other measures specified in Points
a, b and d, Clause 3, Article 6 of this Decree may be applied.
2. An individual, who is sued, prosecuted or
brought to trial under the criminal procedures, but later there is a decision
to suspend the investigation or to suspend the case, shall be sanctioned for
administrative violation(s) if his/her acts show signs of administrative
violation(s); the statute of limitations for sanctioning the administrative
violation(s) in this case shall be 3 months after the suspension decision is
issued.
3. If within the time limits prescribed in
Clauses 1 and 2 of this Article, an organization or individual commits new acts
of administrative violation in the maritime field or intentionally avert or
hinder the sanction, the statute of limitations stated in Clauses 1 and 2 of
this Article shall no longer apply.
Article 6.- Sanctioning
forms
1. For each act of administrative violation, a
violating organization or individual shall be subject to one of the following
main sanctioning forms:
a/ Warning;
b/ Pecuniary penalty.
2. Depending on the nature and seriousness of
their violations, the administratively violating organizations and individuals
shall also be imposed with such additional sanctioning forms as stripping off
the right to use licenses, certificates, crew member’s
passports, and confiscation of material evidences and/or means used for
the administrative violations.
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a/ Compelled restoration of the original state
which has altered due to the administrative violations or compelled
dismantlement of illegally constructed projects;
b/ Compelled application of measures to overcome
the environmental pollution caused by the administrative violations;
c/ Compelled payment of compensations for damage
of up to VND1,000,000 caused by the administrative violations;
d/ Compelled destruction of articles hazardous
to human health and environment.
4. The main sanctioning forms, the additional
sanctioning forms and the measures applicable to each administrative violation
act in the maritime field are specified in Chapter II of this Decree.
Each main sanctioning form shall be
independently imposed on each administrative violation.
5. Where the sanctioning form of pecuniary
penalty is imposed on a violation act in the maritime field, the sanctioning
level shall be based on the nature of or the damage caused by such violation
act. If such violation involves extenuating circumstances, the pecuniary
penalty level may be reduced but must not be lower than the minimum level of
the fine bracket; if the violation involves aggravating circumstances, the fine
level may be increased but must not exceed the maximum level of the fine
bracket.
6. The application of administrative sanctioning
forms and other administrative measures shall not relieve the individual
liability of the concerned individuals or the liability of the concerned
organizations to pay compensations for material damage caused by violation acts
of such individuals or organizations.
7. An administratively sanctioned organization
shall have to abide by the sanctioning decision, and at the same time verify
the fault of its own personnel who has personally committed the administrative
violation, so as to individualize the liability and compel the compensation for
damage according to the provisions of law.
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ADMINISTRATIVE
VIOLATIONS IN THE MARITIME FIELD; SANCTIONING FORMS AND LEVELS
Section I. VIOLATIONS OF THE
REGULATIONS ON SEAPORT EXPLOITATION ACTIVITIES
Article 7.- Violations
of the regulations on ensuring safety, order and hygiene in seaport
exploitation activities
1. A warning or a fine of from VND50,000 to
VND200,000 shall be imposed on one of the following violation acts:
a/ Entering or leaving the port’s land area or getting on board a ship
without permit or not in compliance with instructions of competent persons;
b/ Failing to apply measures to ensure the
hygiene of the port's land area;
c/ Failing to promptly report to the port
authority on incidents and/or accidents related to the port’s order and hygiene.
2. A fine of from VND500,000 to VND2,000,000
shall be imposed on one of the following violation acts:
a/ Employing laborers without appropriate
professional qualification certificates;
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c/ The system of anti-collision cushions and
mooring flanges are insufficient or incapable of ensuring the safety of ships
mooring at the wharf;
d/ Laying objects on the wharf that hinder ships
from docking at or leaving the wharf or other maritime activities at the port;
e/ The shipowners or their agents fail to
produce the cargo packing lists and cargo loading-unloading schemes within the
prescribed time limit to the port authority;
f/ Failing to promptly report to the port
authority on the incidents and/or accidents related to the safety of the
seaport exploitation activities.
3. A fine of from VND5,000,000 to VND20,000,000
shall be imposed on each act of docking at a wharf or anchoring at a water zone
not yet publicly declared for use as prescribed, or using or exploiting a port
not in conformity with its functions already declared.
4. Application of other administrative measures:
Compelled application of measures to overcome
consequences and payment of compensations for damage caused by violation acts
prescribed in Clauses 1, 2 and 3 of this Article.
Article 8.- Violations
of the regulations on cargo signs and marks, unloading and warehousing
1. A fine of from VND500,000 to VND1,000,000
shall be imposed on acts of violating regulations on inscribing signs and
marks, or unloading and warehousing goods of various kinds not in compliance
with regulations.
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3. Application of other administrative measures:
Compelled application of measures to overcome
consequences and payment of compensations for damage caused by violation acts
prescribed in Clauses 1 and 2 of this Article.
Article 9.- Violations
of the regulations on fire and explosion prevention and combat at seaports
1. A warning or a fine of from VND200,000 to
VND1,000,000 shall be imposed on one of the following violation acts:
a/ Failing to put up boards of internal rules,
or signboards indicating or giving necessary cautions at fire or
explosion-prone places;
b/ Using fire fighting equipment and devices for
other purposes;
c/ Failing to adequately install a fire and
explosion prevention and combat system as prescribed;
d/ Failing to provide appropriate fire fighting
equipment and devices or make them ready for use or install them at the
prescribed places, or failing to dispose auxiliary fire and explosion
prevention and combat equipment compatible to goods being transported or
unloaded;
e/ Failing to promptly report to the concerned
State management agencies on incidents or accidents related to the fire and
explosion prevention activities;
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2. A fine of from VND10,000,000 to VND20,000,000
shall be imposed on each violation act prescribed in Clause 1 of this Article
in cases where such violation involves many aggravating circumstances.
3. Other administrative violations in fire and
explosion prevention shall be handled according to Article 15 of the Government’s Decree No.49/CP of August 15, 1996 on
sanctions against administrative violation in the security and order field.
4. Additional sanctioning forms and other
administrative measures:
a/ Stripping off the right to use business
licenses for up to 3 months, for violation acts prescribed in Clause 1 of this
Article;
b/ Compelling the application of measures to
overcome consequences and the payment of compensations for damage caused by
violation act prescribed in Clause 1 of this Article.
Article 10.- Violations
of the regulations on ensuring the maritime safety in the construction,
renovation or upgrading of seaports
1. A fine of from VND 500,000 to VND 2,000,000
shall be imposed on one of the following violation acts:
a/ Failing to install signals or giving false
signals at the areas where a wharf is being under construction;
b/ Failing to provide appropriate fire fighting system
and life rescue equipment;
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2. A fine of from over VND2,000,000 to
VND10,000,000 shall be imposed on each violation act prescribed in Clause 1 of
this Article in cases where such violation involves many aggravating
circumstances.
3. A fine of from over VND2,000,000 to
VND5,000,000 shall be imposed on one of the following violation acts:
a/ Ships servicing construction projects or
services ships which dock or anchor, thus obstructing the port entrance or exit
fairways;
b/ Dumping or dropping construction equipment
and materials into the port waters.
4. A fine of from over VND5,000,000 to
VND20,000,000 shall be imposed on each violation act prescribed in Clause 3 of
this Article in cases where such violation involves many aggravating
circumstances.
5. A fine of from VND10,000,000 to VND20,000,000
shall be imposed on one of the following violation acts:
a/ Constructing a project without the competent
agency's permit;
b/ Carrying out construction activities not at
the prescribed places, thus affecting the safety in ship navigation fairways.
6. A fine of from over VND20,000,000 to
VND100,000,000 shall be imposed on each violation act prescribed in Clause 5 of
this Article in cases where such violation involves many aggravating
circumstances.
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a/ Stripping off the right to use the license
for port construction or exploitation for up to 3 months;
b/ Compelling the application of measures to
overcome consequences and payment of compensations for damage caused by
violation acts prescribed in Clauses 1, 3 and 5 of this Article.
Article 11.- Violations
of the regulations on environment a projection in port exploitation activities
1. A warning or a fine of from VND100,000 to
VND500,000 shall be imposed on act of discharging or spilling waste water onto
the wharf area or port water, thus affecting the hygiene therein.
2. A fine of from over VND500,000 to
VND2,000,000 shall be imposed on each violation act prescribed in Clause 1 of
this Article in cases where such violation involves many aggravating
circumstances.
3. A fine of from over VND2,000,000 to VND10,000,000
shall be imposed on each act of pumping or discharging engine oil or lubricant
or garbage, waste water, dirty sludge and other waste matters contaminated with
engine oil and other hazardous chemicals into the port water.
4. A fine of from over VND10,000,000 to
VND50,000,000 shall be imposed on each violation act prescribed in Clause 3 of
this Article in cases where such violation involves many aggravating
circumstances.
5. Application of other administrative measures:
Compelled application of measures to overcome
consequences and compensation for damage caused by violation acts prescribed in
Clause 3 of this Article.
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Article 12.- Violations
of the regulations on the procedures applying for port calls
1. A fine of VND5,000,000 to VND10,000,000 shall
be imposed on one of the following violation acts:
a/ Vessels calling at ports without asking for
permits as prescribed;
b/ Vessels calling at ports without observing
the regime of making declarations or making false declarations of vessels’ arrival at pilot-embarking and/or
disembarking places as prescribed.
2. A fine of from over VND10,000,000 to
VND50,000,000 shall be imposed on each violation act prescribed in Clause 1 of
this Article in cases where such violation involves many aggravating
circumstances.
Article 13.- Violations
of the regulations on the procedures for port entrance and exit
1. A warning or a fine of from VND100,000 to
VND500,000 shall be imposed on act of inadequately or wrongly inscribing one of
the ship’s technical specifications
in its entrance or exit declaration.
2. A fine of from VND1,000,000 to VND5,000,000 shall
be imposed on each violation act prescribed in Clause 1 of this Article in
cases where such violation involves many aggravating circumstances.
3. A fine of from VND500,000 to VND1,000,000
shall be imposed on act of failing to produce all required papers or filling
the procedures for port entrance or exit with one of the produced papers having
expired.
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5. A fine of from over VND10,000,000 to
VND50,000,000 shall be imposed on one of the following violation acts:
a/ Failing to obtain the permit for final;
b/ Vessels deliberately leaving the port without
permit.
6. A fine of from VND10,000,000 to VND20,000,000
shall be imposed off one of the following violation acts:
a/ Failing to inform or informing not in
compliance with the regulations to the port authority substantial
characteristics of hazardous goods being transported;
b/ Oil tankers have no marks or certificates of
shipowners’ civil liability insurance as
required.
7. A fine of from over VND20,000,000 to
VND50,000,000 shall be imposed on each violation act prescribed in Clause 6 of
this Article in cases where such violation involves many aggravating
circumstances.
8. A fine of from VND10,000,000 to VND30,000,000
shall be imposed on acts of letting crew members or passengers to embark or
disembark the ships before the entry and exit procedures arc completed.
9. Additional sanctioning forms:
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Article 14.- Violations
of the regulations on the safety order and hygiene of vessels
1. A warning or a fine of from VND50,000 to
VND100,000 shall be imposed on an officer or a crew member who fails to wear
uniform or service badges as required, while on duty.
2. A warning or a fine of from over VND100,000
to VND500,000 shall be imposed on one of the following violation acts:
a/ Failing to fly the national flag of Vietnam
as prescribed;
b/ Arbitrarily putting up anniversary flags or
flags at half mast without the port authority’s
permit;
c/ Arbitrarily blowing whistles without the port
authority’s permit while anchoring or
calling at the port.
3. A fine of from over VND500,000 to
VND2,000,000 shall be imposed on one of the following violation acts:
a/ Scraping funnels or emitting black smoke while
anchoring or calling at the port waters;
b/ Laying facilities, equipment and appurtenance
of the ship or the crew members on the wharf outside the prescribed places;
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d/ Repairing or testing engines or whistles
without the port authority’s consent;
e/ Swimming or causing tumult in the port;
f/ Using VHF channels in contravention of the
regulations;
g/ Collecting wastes and oil sludge not in
compliance with regulations on environmental hygiene and protection, or without
the State management agency’s permit;
h/ Smoking rats or spreading disinfectants not
at prescribed places.
4. A fine of from over VND2,000,000 to
VND5,000,000 shall be imposed on one of the following violation acts:
a/ Setting hecks, fish traps or laying aquatic
resources exploiting means in the port waters without the port authority’s permit or setting them not at places
or at the time prescribed in fishing licenses;
b/ Setting hecks, fish traps or laying aquatic
resources exploiting means in zigzag or brush-toothed disposition on navigation
lanes and fairways, or using mobile fish traps brushwoods and hecks, trawl
nets, drag nets or other means to tap aquatic and marine resources, thus
hindering the movement of vessels;
c/ Carrying out other activities such as:
underwater groping, diving or other underwater activities in the port waters
without the port authority’s permits or
carrying out such activities without giving warning signals as
prescribed;
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e/ Sport or tourist vessels operate in the port
waters without the port authority’s permit;
f/ Ships used exclusively for surveying and
dredging navigation fairways and placing signal buoys, and other project
facilities and equipment operate in the port waters without the port
authority's permit;
g/ Ships used exclusively for surveying and
dredging navigation fairways and placing signal buoys, and other project
facilities and equipment operate in the port waters without enough warning
signals as prescribed;
h/ Non-self-propelled means draw up alongside
other vessels or dock at a wharf for unloading cargo without adequate and
appropriate towing facilities, or delay implementing movement orders issued by
the port authority.
i/ Refusing to use or improperly using signals
as prescribed;
j/ Failing to strictly observe the rules for
collision avoidance on the sea.
5. A fine of from over VND5,000,000 to
VND20,000,000 shall be imposed on each violation act prescribed in Clause 1 and
Points f and g, Clause 4 of this Article in cases where such a violation
involves many aggravating circumstances.
6. Other administrative violations regarding
border medical quarantine shall be handled according to Article 7 of the
Government’s Decree No.46/CP of
August 6, 1996 stipulating the sanctions against administrative violations in
the field of State management over medical activities.
7. The additional sanctioning forms and other
administrative measures.
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b/ Compelled restoration of the original state,
for acts prescribed at Points a and b, Clause 4 of this Article.
Article 15.- Violations
of the regulations on safety of fire and explosion prevention and combat
applicable to vessels
1. A fine of from VND100,000 to VND500,000 shall
be imposed on each act of smoking at no-smoking places.
2. A fine of from VND2,000,000 to VND5,000,000
shall be imposed on one of the following violation acts:
a/ Equipping fire extinguishers not ready for
use;
b/ Failing to install warning signals or
necessary instructions at fire or explosion-prone places;
c/ Having no diagram of fire fighting system,
and boards of fire-fighting duty assignment and instructions on operation
aboard;
3. A fine of from over VND5,000,000 to
VND10,000,000 shall be imposed on one of the following violation acts:
a/ Failing to sufficiently provide fire-fighting
equipment and devices as prescribed by Vietnamese laws and relevant
international agreements which Vietnam has signed or acceded to;
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c/ Placing fire-fighting equipment and devices
not at prescribed places on ships and boars;
d/ Crew members on board fail to expertly handle
the fire-preventing and fighting equipment and devices;
e/ Failing to execute or delaying the execution
of the port authority’s orders to
take part in fighting fire on ships in distress in the port, port waters or
maritime zone;
f/ Arbitrarily conducting activities that send
out sparks on the deck, cargo hold or engine room, when such activities are not
yet inspected and permitted by the port authority;
g/ Using the fire-fighting devices for other
purposes;
h/ Failing to strictly observe the procedures
for preserving and maintaining fire-fighting devices;
i/ Having no plans for rescue or salvage in
emergency cases.
4. A fine of from VND20,000,000 to VND
50,000,000 shall be imposed on each violation act prescribed in Clauses 1, 2
and 3 of this Article in cases where such violation involves many aggravating
circumstances.
5. Application of other administrative measures:
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Article 16.- Violations
of the regulations on prevention of environmental pollution caused by vessels
1. A fine of from VND200,000 to VND1,000,000
shall be imposed on one of the following violation acts.
a/ Having no diary recording the pumping of
bilge water from the engine room;
b/ Throwing or discharging garbage or other
objects from ships into water or wharf.
2. A fine of from VND2,000,000 to VND5,000,000
shall be imposed on one of the following violation acts:
a/ Failing to equip adequate oil-and bilge
water-filtering equipment as prescribed by Vietnamese laws and relevant
international agreements which Vietnam has signed or acceded to;
b/ The oil-filtering equipment have been out of
order;
c/ Using technically unsafe pipes, hoses and
pipe fittings for receiving fuels;
d/ Failing to assign personnel on duty at the
fuel receiving place aboard the ship;
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3. A fine of from VND2,000,000 to VND10,000,000
shall be imposed on act of failing to devise oil spill-handling plans as
required.
4. A fine of from VND5,000,000 to VND20,000,000
shall be imposed on each act of arbitrarily pumping or discharging garbage or
dirty sludge or waste water contaminated with oil and other hazardous chemicals
from a ship into the port water or wharf.
5. A fine of from VND50,000,000 to VND10,000,000
shall be imposed on each violation act prescribed in Clause 4 of this Article
in cases where such violation involves many aggravating circumstances.
6. Application of other administrative measures:
Compelled application of measures to overcome
consequences and payment of compensations for damage caused by violations
prescribed at Point b, Clause 1 and Clause 4 of this Article.
Article 17.- Violations
of the regulations on human life and ship safety protection
1. A warning or a fine of from VND100,000 to
VND500,000 shall be imposed on one of the following violation acts:
a/ Failing to put up boards stipulating the life
rescue and shipwreck salvage duties at the prescribed places or such boards
have already been damaged;
b/ Failing to put up boards of instructions on
operating the life rescue and shipwreck salvage equipment and devices or such
boards have already been damaged;
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d/ Employing crew members who fail to expertly
handle the life rescue and shipwreck salvage equipment and devices;
e/ Carrying passengers in excess of the
prescribed number; in this case the fine shall be calculated on each excess
passenger;
f/ Failing to equip vessels with sufficient life
rescue and shipwreck salvage equipment and devices as prescribed;
g/ The life rescue and shipwreck salvage
equipment and devices are neither up to the prescribed quality nor ready for
immediate use.
2. A fine of from VND1,000,000 to VND5,000,000
shall be imposed on one of the following violation acts:
a/ Having no ship log-book or using it not
according to the regulations;
b/ Employing crew members who do not possess
enough professional diplomas and certificates as prescribed;
c/ Failing to sufficiently employ the minimum
safe staff or employ a staff in excess of the prescribed number;
d/ Assigning personnel to posts not in
consistency with the names of persons already registered in the "crew
member register";
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3. A fine of from over VND5,000,000 to
VND10,000,000 shall be imposed on one of the following violation acts:
a/ Having no life rescue and shipwreck salvage
equipment and devices;
b/ The life rescue and shipwreck salvage
equipment and devices are on the expiry date;
c/ Carrying cargo in excess of the prescribed
tonnage.
4. A fine of from VND20,000,000 to VND50,000,000
shall be imposed on each violation act prescribed in Clauses 1, 2 and 3 of this
Article in cases where such violation involves many aggravating circumstances.
5. The additional sanctioning forms:
Stripping off the right to use the certificate
of basic safety training, for 3 to 6 months or indefinitely, for violations
prescribed at Point d, Clause 1 of this Article.
Stripping off the right to use the sea shipping
business license or the maritime operation license of the ship or the
shipmaster's license for 3 to 6 months or indefinitely, for violations
prescribed at Point e, Clause 1 and Point c, Clause 3 of this Article.
Article 18.- Violations
of the regulations on anchoring, docking, lightering and towing of vessels in
the port waters
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a/ Arbitrarily anchoring, docking, lightering,
moving from place to place or conducting other activities in the port entrance
and exit fairways without the port authority's operation orders;
b/ Failing to abide by or wrongly executing or
deliberately delaying the execution of the port authority's operation order;
c/ Failing to effect the regime of watching VHF
on channel 16 round the clock;
d/ Using VHF without permits or using VHF channels
for purposes other than registered ones;
e/ Having no lighting lamps or using lamps
incapable of producing enough light for the ships� night-time cargo handling or
anchoring;
f/ Failing to use sufficient signal lamps for
the ships' night-time anchoring, docking, lightering or towing in the port
waters;
g/ Having no or having insufficient
anti-collision cushions as prescribed;
h/ Failing to promptly report to the port
authority on the maritime signals' improper operation or damage while traveling
on navigation fairways;
i/ Failing to observe the rules for preventing
collisions while traveling in the port waters;
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k/ Failing to adequately maintain the duty
regime on board while the ship calls at the port or the port waters;
l/ Failing to execute or delaying the execution
of the port authority's orders for storm and flood prevention and combat;
m/ Arbitrarily mooring the strip to sea markers
on navigation fairways;
n/ Refusing to use tug boats as prescribed.
2. A fine of from VND5,000,000 to VND20,000,000
shall be imposed on each of violation acts prescribed in Clause 1 of this
Article in cases where such violation involves many aggravating circumstances.
3. Additional sanctioning forms:
Stripping off the right to use the shipmaster’s licenses for 3 to 6 months or
indefinitely, for violations prescribed in Clause 1 of this Article.
Article 19.- Violations
of the regulations on registration of sea-going ships and crew members
1. A warning or a fine of from VND500,000 to
VND1,000,000 shall be imposed on one of the following violation acts:
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b/ Damaging or losing the sea-going ship
registration certificate;
c/ Losing or damaging the crew member’s passport or the crew member’s maritime
professional certificates;
d/ Losing or damaging the crew member’s register book.
2. A fine of from VND2,000,000 to VND5,000,000
shall be imposed on each violation act prescribed in Clause 1 of this Article
in cases where such violation involves many aggravating circumstances.
3. A fine of from VND2,000,000 to VND5,000,000
shall be imposed on one of the following violation acts:
a/ Falsely declaring the ship’s technical specifications and ownership state
upon making the registration;
b/ Erasing, crossing out, falsifying, trading,
hiring out or lending the sea-going ship registration certificate, crew member’s passport, licenses and maritime
professional certificate, or committing fraudulent acts in the ship or crew
member registration or the examination for and granting of professional
certificate(s);
4. A fine of from over VND5,000,000 to
VND10,000,000 shall be imposed on one of the following violation acts:
a/ Operating a ship when the sea-going ship
registration certificate is yet granted;
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5. A fine of from over VND10,000,000 to
VND20,000,000 shall be imposed on each violation act prescribed in Clauses 3
and 4 of this Article in cases where such violation involves many aggravating
circumstances.
6. Additional sanctioning forms:
Stripping off the right to use the sea-going
ship registration certificate, crew member passport or other professional
licenses or certificates for 3 to 6 months or indefinitely, for violations
prescribed at Point b, Clause 3 of this Article.
Article 20.- Violations
of the regulations on maritime pilotage
1. A warning or a fine of VND100,000 to
VND500,000 shall be imposed on each act of failing to put up signal banner with
letter "G", when asking for a pilot, or signal banner with letter
"H" when the pilot is on board the ship.
2. A fine of from over VND500,000 to
VND2,000,000 shall be imposed on one of the following violation acts:
a/ Deliberately using a pilot to conduct the
ship when not yet so permitted by the port authority;
b/ The pilot, upon detecting an accident,
incident or changes of navigation fairways or maritime signals, fails to
promptly report it (them) to the port authority;
c/ Employing a pilot to conduct the ship in the
pilotage operation zone not in accordance with the regulations.
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3. A fine of from VND5,000,000 to VND10,000,000
shall be imposed on each violation act prescribed in Clause 2 of this Article
in cases where such violation involves many aggravating circumstances.
4. A fine of from VDN1,000,000 to VDN5,000,000
shall be imposed on one of the following violation acts:
a/ Navigating vessels into or out of ports
without any pilot as prescribed;
b/ Failing to devise measures to ensure safety or
failing to place appropriate ladders for the pilot to safely climbing up and
down as prescribed;
c/ Failing to inform or inaccurately inform the
pilot of the ship's specifications and particular characteristics;
d/ Failing to ensure the working and living
conditions for the pilot during his/her stay on board.
5. A fine of from over VND5,000,000 to
VND10,000,000 shall be imposed on each violation act prescribed in Clause 4 of
this Article in cases where such violation involves many aggravating
circumstances.
6. Additional sanctioning forms:
Stripping off the right to use the pilot
operation license for 3 to 6 months, for violations prescribed in Clause 2 of
this Article.
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Article 21.- Violations
of the regulations on the use of the sea-shipping business license, the ship's
operation license, the license for exploitation of sea-going ship on fixed
routes, the sea-shipping agency license and other maritime operation licenses
(hereafter referred collectively to as the licenses).
1. A warning or a fine of from VND100,000 to
VND500,000 shall be imposed on one of the following violation acts:
a/ Failing to report to the licensing agency on
the changes already registered in the license;
b/ Failing to comply with the regulations on
specialized statistical reports or failing to provide other necessary
information at the requests of the
competent State agency(ies).
c/ Making advertisements contrary to the
permitted business contents or advertising business contents not yet licensed.
2. A fine of from VND1,000,000 to VND5,000,000
shall be imposed on each violation act prescribed in Clause 1 of this Article
in cases where such violation involves many aggravating circumstances.
3. A fine of from over VND5,000,000 to
VND10,000,000 shall be imposed on one of the following violation acts:
a/ Conducting business activities not in line
with the contents and scopes prescribed in the business license;
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c/ Failing to adequately equip vessels with
means to ensure the human life and transport means safety while conducting sea shipping
business and maritime service activities;
d/ Conducting sea shipping business and maritime
service activities without licenses or with expired licenses;
c/ Modifying or erasing licenses.
4. A fine of from VND20,000,000 to VND50,000,000
shall be imposed on each of violation acts prescribed in Clause 3 of this
Article in cases where such violation involves many aggravating circumstances.
5. Additional sanctioning forms:
Stripping off the right to use the licenses for
3 to 6 months, for each of violation acts prescribed in Clauses 1 and 3 (except
for Point d) of this Article.
Article 22.- Violations
of the regulations on the sea-going ship purchase and sale
1. A fine of from VND500,000 to VND2,000,000
shall be imposed on each act of deliberately making a false declaration of
technical specifications of a ship intended for purchase or sale.
2. A fine of from over VND2,000,000 to
VND5,000,000 shall be imposed on each act of purchasing or selling ship a
without permit as prescribed.
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Section IV. VIOLATIONS OF THE
REGULATIONS ON SEARCH AND RESCUE
Article 23. -
Violations of the regulations on search and rescue activities
1. A fine of from VND2,000,000 to VND5,000,000
shall be imposed on act of failing to perform the prescribed duty for maritime
search and rescue.
2. A fine of from over VND5,000,000 to
VND10,000,000 shall be imposed on act of failing to obey the operation order
without plausible reason(s) or showing irresponsibility while executing the
operation order
of the competent agency.
Section V. VIOLATIONS OF THE
REGULATIONS ON SALVAGE OF PROPERTY SUNK IN THE SEA
Article 24.- Violations
of the regulations on salvage of property sunk in the sea
1. A warning or a fine of from VND200,000 to
VND1,000,000 shall be imposed on act of failing to report or failing to
promptly report as required on property sunk in the sea;
2. A fine of from VND10,000,000 to VND20,000,000
shall be imposed on one of the following violation acts:
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b/ Failing to carry out the salvage or complete
the salvage of sunken property within the prescribed time limit;
c/ Carrying out the salvage of sunken property
without any permit;
d/ Failing to hand over the sunken property
which has been incidentally recovered to the competent agency;
e/ Failing to pay expenses related to the
salvage of sunken property as prescribed.
3. A fine of from over VND20,000,000 to
VND50,000,000 shall be imposed on each violation act prescribed in Clause 2 of
this Article in cases such violation involves many aggravating circumstances.
4. Additional sanctioning forms:
Confiscation of material evidences and means
used in administrative violations, for violation acts prescribed in Clause 2 of
this Article.
Section VI. VIOLATIONS OF THE
REGULATIONS ON ENSURING THE MARITIME SAFETY
Article 25.- Violation
of the regulations on ensuring the maritime safety
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a/ Failing to publicize promptly or publicizing
untruthfully the "maritime notices";
b/ Installing maritime signals not at the
prescribed places and not according to the provisions of law;
c/ Hiding maritime signals.
2. A fine of from over VND2,000,000 to
VND5,000,000 shall be imposed on each violation act prescribed in Clause 1 of
this Article in cases where such violation involves many aggravating
circumstances.
3. A fine of from over VND5,000,000 to
VND10,000,000 shall be imposed on one of the following violation acts:
a/ Failing to place markers or placing markers
not in time to warn against obstacles on navigation fairways;
b/ Dredging navigation fairways or dumping mud
and soil not at the prescribed places;
c/ Moving or damaging the maritime markers.
4. A fine of from VND20,000,000 to
VND100,000,000 shall be imposed on each violation act prescribed in this
Article in cases where such violation involves aggravating circumstances.
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Compelled application of measures to overcome consequences
and pay compensations for damage caused by violations prescribed in Clauses 1
and 3 of this Article.
Article 26.- Violations
of the regulations on the maritime safety inspection activities
1. A warning or a fine of from 200,000 to
1,000,000 shall be imposed on each act of hindering or deliberately troubling a
maritime safety inspector
on duty or failing to satisfy his/her requests.
2. A fine of from over VND1,000,000 to
VND2,000,000 shall be imposed on each act of insulting or offending a maritime
safety inspector on duty.
3. A fine of from VND5,000,000 to VND10,000,000
shall be imposed on each violation act prescribed in Clauses 1 and 2 of this
Article in cases where such violation involves many aggravating circumstances.
4. Additional sanctions:
Stripping off the right to use the shipmaster’s license or the professional
certificate for 3 to 6 months, for violation acts prescribed in Clauses 1 and 2
of this Article.
Chapter III
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Section I. THE SANCTIONING
COMPETENCE
Article 27.- The
competence for sanctioning administrative violations of the maritime safety
inspectors and port authority directors:
1. A maritime safety inspector on official duty
can:
a/ Serve a warning;
b/ Impose a fine of up to VND200,000;
c/ Confiscate material evidences and means used
for administrative violations, valued at up to VND500,000;
d/ Compel the restoration of the original state
which has altered due to administrative violations;
e/ Compel the application of measures to
overcome environmental pollution caused by administrative violations.
f/ Compel the destruction of articles hazardous
to human health and environment.
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a/ Serve a warning;
b/ Impose a fine of up to VND10,000,000;
c/ Confiscate material evidences and means used
for administrative violations;
d/ Strip off the right to use various kinds of
licenses, certificates, professional certificates, crew member’s passports and other diplomas according
to his/her competence for up to 3 months. In cases where such an operation
license, certificate, professional certificate, crew member’s passport or diploma has been granted by a
superior State agency, he/she shall issue a decision to suspend the
violation act and request the competent State agency to withdraw such papers.
e/ Compel the restoration of the original state
which has altered due to administrative violations;
f/ Compel the application of measures to
overcome the environmental pollution caused by administrative violations;
g/ Compel the destruction of articles harmful to
human health;
h/ Compel the payment of compensation of up to
VND1,000,000 for damage caused by administrative violations.
3. A maritime port authority director may:
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b/ Impose a fine of up to VND10,000,000;
c/ Confiscate material evidences and means used
for administrative violations;
d/ Strip off according his/her competence, the
right to use various kinds of licenses, certificates, professional certificates,
crew member’s passports and other
diplomas for up to 6 months. In cases where such an operation license,
certificate, professional certificate, crew member’s
passport or diploma has been granted by a superior State agency, he/she shall
issue a decision to suspend the violation act and request the competent State
agency to withdraw such paper.
e/ Compel the restoration of the original state
which has altered due to the administrative violations;
f/ Compel the application of measures to
overcome the environmental pollution caused by administrative violations;
g/ Compel the destruction of articles harmful to
human health;
h/ Compel the payment of compensation of up to
VND1,000,000 for damage caused by administrative violations.
4. The central-level chief maritime safety
inspector may:
a/ Serve a warning;
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c/ Strip off according to his/her competence,
the right to use various kinds of licenses, certificates, professional
certificates, crew member’s passports and
other diplomas for up to 6 months. In cases where such an operation
license, certificate, professional certificate, crew member's passport or
diploma has been granted by a superior State agency, he/she shall issue a
decision to suspend the violation act and request the competent State agency to
withdraw such papers.
d/ Confiscate material evidences and means used
for administrative violations;
e/ Compel the restoration of the original state
which has altered due to the administrative violations;
f/ Compel the application of measures to
overcome the environmental pollution caused by administrative violations;
g/ Compel the destruction of articles harmful to
human healthy;
h/ Compel the payment of compensations of up to
VND1,000,000 for damage caused by administrative violations.
Article 28.- Presidents
of commune-level People’s Committees shall
have the competence to sanction administrative violations as defined in
Article 26 of the Ordinance.
Article 29.- Presidents
of district-level People’s Committees shall
have the competence to sanction administrative violations as defined in
Article 27 of the Ordinance.
Article 30. - Presidents
of the People’s Committees of the
provinces and centrally-run cities may:
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b/ Impose a fine of up to VND100,000,000;
c/ Apply the additional sanctioning forms.
In cases where the additional sanctioning form
of stripping off the right to use licenses, permits, certificates, professional
certificates and crew member's passports granted by the specialized State management
agencies is applied, the presidents of the provincial-level People’s Committees shall request the State
management agencies that have granted such licenses, permits, certificates,
professional certificates and/or crew member’s
passports to issue decisions to withdraw such papers.
Article 31.- The
principles for assigning the competence to sanction administrative violations:
1. The specialized inspection agencies shall be
competent to sanction administrative violations in maritime activities related
to the branches under their respective management.
2. In cases where an administrative violation in
the maritime field falls under the sanctioning competence of several agencies,
the sanctioning shall be elected by the first agency that accept the case’s dossier.
Section II. THE SANCTIONIN G
PROCEDURES
Article 32.- The
procedures for applying administrative sanctioning forms:
1. Upon detecting an administrative violation in
the maritime field, the person with sanctioning competence shall have to issue an
order to immediately suspend such violation act.
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3. In cases where an administrative violation
must be sanctioned with a fine of over VND20,000, the person with the
sanctioning competence shall have to promptly record such administrative
violation in a minutes according to the provisions in Article 47 of the
Ordinance. If the minutes maker is incompetent to sanction such administrative
violation, he/she shall have to promptly forward the minutes and the relevant
dossier to the competent level, for issuance of the sanctioning decision.
Within 15 days after the minutes on the
administrative violation is made, the competent person shall have to issue a
decision to sanction such administrative violation according to Article 48 of
the Ordinance. The above-said time limit may be extended but shall not exceed
30 days.
4. A sanctioning decision shall take effect
after its signing, except for cases where the effective date is clearly
inscribed therein.
The effective decisions shall be sent to the
sanctioned organizations and individuals as well as the fine collecting
agencies within 3 days after such sanctioning decisions are issued. Decisions
on fines of from VND2,000,000 or more shall be sent to the People's Procuracy
of the same level.
5. The fined organizations and individuals shall
have to pay their fines at the places inscribed in the sanctioning decisions
and shall get fine receipts. The Ministry of Finance shall assume the prime
responsibility and coordinate with the Ministry of Communications and Transport
in guiding in detail the procedures for collecting and paying fines, managing
and using proceeds from sanctions against administrative violations in the
maritime field.
6. It is strictly prohibited to collect fines on
the spot.
7. The forms of administrative violation
sanctioning minutes and decisions shall be set by the Minister of
Communications and Transport.
Article 33.- The
procedures for stripping off the right to use diplomas, licenses, professional
certificates, certificates and crew member’s
passports
1. The procedures for stripping off the right to
use licenses, professional certificates, certificates and crew member’s passports shall strictly comply with
the provisions of Article 50 of the Ordinance.
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Article 34.- The
procedures for confiscating and handling material evidences and means used for
administrative violations
1. When applying the sanctioning form of
confiscating material evidences and means used for administrative violations,
the person with sanctioning competence shall have to make a minutes according
to the provisions of Article 51 of the Ordinance.
2. A decision to confiscate material evidences
and means used for an administrative violation, valued at VND5,000,000 or more,
shall be promptly sent to the People’s
Procuracy of the same level.
3. The handling of material evidences and means
used for administrative violations shall comply with the provisions of Article
52 of the Ordinance.
Article 35.- Execution
of sanctioning decisions
1. Organizations and individuals sanctioned for
their administrative violations shall have to execute sanctioning decisions
within 5 days after they are handled such sanctioning decisions, except for
cases where such time limit is clearly stated therein. If past that time limit,
the sanctioned organizations and individuals fail to voluntarily execute the
sanctioning decisions, the persons with sanctioning competence may apply appropriate
coercive measures against them.
2. The application of measures to coerce the
execution of administrative violation sanctioning decisions shall comply with
the provisions of Article 36 of this Decree and other relevant provisions of
law.
3. An administrative violation sanctioning
decision shall cease to be effective one year after it is issued. In cases
where the sanctioned organization or individual deliberately shirk or delay the
execution, such statute of limitations shall not apply.
Article 36.- Application
of measures to coerce the execution of administrative violation sanctioning
decisions
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a/ Deduction of a part of wage or income;
deduction of money from bank accounts;
b/ Distraint of property or a part of property
with a value corresponding to the fine amount, for auction sale;
c/ Temporarily not following the fined vessels
to leave the port until they fully pay the fines.
2. Persons competent to sanction administrative
violations can issue coercive decisions and shall have to organize the
coercion.
3. The coerced organizations and individuals
shall have to bear all expenses for organizing the enforcement of coercive
measures.
4. The people’s
police force shall have to enforce the coercive decisions of the People’s Committees of the same level and coordinate
with other State agencies in organizing the enforcement of coercive
decisions of such agencies when so requested.
5. The transfer of dossier on administrative
violations for penal liability examination shall comply with the provisions of
Article 53 of the Ordinance.
Chapter IV
COMPLAINTS,
DENUNCIATIONS AND HANDLING OF VIOLATIONS
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1. Organizations and individuals that are
sanctioned for their administrative violations in the maritime domain or their
lawful representatives may lodge complaints against sanctioning decisions of
the Law on Complaints and Denunciations. Pending the complaint settlement by
the competent agency(ies), the sanctioned organizations and individuals shall
still have to execute the sanctioning decisions, except for cases of compelled
dismantlement of construction projects.
In cases where the complainants disagree with
the complaint settling decisions, they may further lodge their complaints to
the immediate superiors of the persons who have issued such decisions or
initiate administrative lawsuits at the competent courts.
2. The procedures for lodging and settling
complaints and initiating administrative lawsuits shall comply with the
provisions of Articles 87 and 88 of the Ordinance on Handling of Administrative
Violations and the Ordinance on the Procedures for Settling Administrative
Cases.
3. Vietnamese and foreign individuals may
denounce to the competent State agencies acts administrative violation in the
maritime field committed by organizations and other individuals according to
the provisions of the legislation on complaints and denunciations.
4. Vietnamese and foreign individuals may
denounce to the competent State agencies unlawful acts committed by persons
competent to sanction administrative violations in the maritime field.
The settlement of denunciations shall comply
with the current law provisions.
Article 38.- Handling
of violations
1. Persons competent to sanction administrative
violations in the maritime field who harass, tolerate or cover up violators,
fail to impose sanctions or sanction not in time, improperly or ultra vires
shall, depending on the nature and seriousness of their violations, be
disciplined or examined for penal liability. If damage is caused, compensations
therefor must be made according to provisions of law.
2. Persons sanctioned for their administrative
violations in the maritime field who hinder or act against officials on
inspection and control duties, or deliberately delay or shirk the execution of
administrative violation sanctioning decisions shall, depending on the nature
and seriousness of their violations, be administratively handled or examined
for penal liability according to the provisions of law.
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IMPLEMENTATION PROVISIONS
Article 39.- Effect
This Decree takes effect 15 days after its
signing.
To annul the following previously promulgated
regulations on sanctions against administrative violations in the maritime
field:
To annul Article 16, Chapter III of the
Regulation on organization and operation of the Vietnam maritime safety
inspectorate, promulgated together with the Prime Minister’s Decision No.204/TTg of December 28,
1992.
To annul Article 57, 58, 59, and 60, Chapter IV
of the Regulation on management of maritime activities at seaports and maritime
zones in Vietnam promulgated together with the Government’s Decree No.13/CP of February 25, 1994.
Article 40.- The
implementation organization responsibilities
The Minister of Communications and Transport
shall have to guide the implementation of this Decree.
The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the People’s
Committees of the provinces and centrally-run cities shall have to
implement this Decree.
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ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
PHAN VAN KHAI