Decree No. 62/2006/ND-CP of the Government
dated June 21, 2006 on the Sanction Against Administrative Violations in the Maritime Field
| Government | The socialist republic of vietnam |
| No.62/2006/ND-CP | Independent – Freedom – Happiness |
Hanoi, June 21, 2006
Decree
on the Sanction against administrative
violations in the maritime field
the government
Pursuant to the Law on the Organization of the Government dated December 25, 2001;
Pursuant to Vietnam Maritime Code dated June 14, 2005;
Pursuant to the Ordinance on Handling of Administrative Violations dated July 02, 2002;
At the proposal of the Minister of Transport,
Decrees:
Chapter I
General provisions
Article 1. Scope of regulation
This Decree provides for acts of violation, sanctioning forms and levels, competence and procedures of sanction against administrative violations in the maritime field.
Article 2. Subjects of application
1. All organizations and individuals that commit acts of administrative violation in the maritime field shall be punishable according to the provisions of this Decree and other relevant provisions of law on handling of administrative violations.
Foreign organizations and individuals that commit acts of administrative violation in the maritime field shall also be punishable subject to the provisions of this Decree; where a treaty to which Vietnam is a contracting party contains provisions different from those of this Decree, the provisions of such treaty shall apply.
2. Sanctions for administrative violations in the maritime field committed by minors shall be conducted in accordance with the provisions in Items 1 and 3 of Article 7 of the Ordinance on Handling of Administrative Violations dated July 02, 2002 (hereafter referred to as the Ordinance).
Article 3. Acts of administrative violations in the maritime field
1. Administrative violations in the maritime fiald are offences against rules of the maritime law that are committed by any organization or individual intentionally or unintentionally which are not serious enough for penal liability examination, but must be administratively sanctioned as provided for by law.
Administrative violations as provided for in this Decree include:
a) Violations in the construction and operation of seaports;
b) Violtions in maritime operation of vessels at seaports;
c) Violations in sea shipping business and maritime services;
d) Violations in maritime search and rescue activities at seaports;
e) Violations in recovery of sunken property at seaports;
f) Violations in ensurance of maritime safety at seaports.
2. In case the violation acts prescribed in b,d,e and f of Item 1 of this Article are made outside the seaports, the sanctions shall be in compliance with the stipulations of Decree No.137/2004/ND-CP dated June 16, 2004 of the Government regarding the sanctioning of administrative violations in the sea areas and the continental shelf of the Socialist Republic of Vietnam and other relevant regulations.
Article 4. Principles for sanctions against administrative violations
1. The principles for sanctioning an act of administrative violation 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 as provided in Articles 26, 27, 28 and 29 of this Decree.
3. No sanctions shall be imposed on acts of administrative violation committed under force majeure circumstances or in emergency cases to protect human life or safety of vessels, corgo and transport works or by persons who are suffering from mental diseases or other ailments, which deprive them of the capability to be aware of or control their acts.
Article 5. Extenuating and aggravating circumstances
1. Extenuating circumstances in the maritime field are those specified in Article 8 of the Ordinance.
2. Aggravating circumstances in the maritime field are those specified in Article 9 of the Ordinance.
Article 6. The statute of limitations and time limit for sanctioning
1. The statute of limitations for sanctioning an administrative violation in the maritime field shall be one year as from the date when the administrative violation is committed.
For administrative violations committed in the construction of seaports and maritime works; environment; entry and departure of vessels, crewmembers and passengers, the statute of limitations shall be two years as from the date when the administrative violation acts are committed. Beyond this period, no sanctions shall be imposed on administrative violations, but the offenders may be liable to the mesures stipulated in Item 4, Article 7 of this Decree.
2. An individual, who is sued, prosecuted or brought to trial under criminal procedures, but later there is a decision to suspend the investigation or th suspend the case, shall be subject to administrative sanction if his/her acts show signs of administrative violation; within 3 days after the decisions to suspend the investigation or to suspend the case are issued, the persons who have made such decisions must send them to competent persons for sanctioning; in this case the statute of limitations shall be 3 months as from the date when competent persons receive the decisions and the violation dossiers.
3. If within the time limits as provided for in Item 1 and 2 of this Article, such organization or individual commits new act of violation in the maritime field or intentionally evades or hinders the imposition of sanction, the statute of limitations prescribed in Item 1 and 2 of this Article shall not apply but be recalculated from the time of committing the new act of violation in the maritime field or the time of terminating the acts of evasion or hindering of the sanction imposition.
4. Individuals and organizations sanctioned for administrative violations, if after one year counting from the date of completely serving the sanctioning decisions or the date of expiry of the statute of limitations for excuting the sanctioning decisions do not relapse into violations, shall be considered having not yet been sanctioned for administrative violations in the maritime field.
Article 7. Forms of sanction
1 For each act of administrative violation in the maritime field, the violating organization or individual shall be subject to one of the following principles forms of sanction:
a) Warning;
b) Fine.
2. When the form of fine is applied, the specific level of fine for a particular act of administrative violation shall be the average level of the fine bracket corresponding to such act as prescribed in this Decree; if the violation involves extenuating circumstance(s), the fine level can be reduced but must mot be lower than the minimum level of the fine bracket; if it involves aggravating circumstance(s), the fine level can be increased but not exceed the maximum level of the fine bracket.
3. Depending on the nature and extent of violation, administratively violating organization and individual shall also be subject to the application of one or several of the following additional sanctioning forms:
a) Deprivation of license for up to 6 months; certificate of competency; certification of qualification for up to 6 months or indefinite time;
b) Confiscation of material evidences or means used to commit the act of administrative violation.
4. In addition to the principal and additional forms of sanction as provided for in Item 1 and 3 of this Article, the violating organizations and individuals may also be subject to one or veveral of the following remedial measures:
a) Compelling to restore the orginal state that has been changed due to the acts of administrative violation or to remove illegally built works;
b) Compelling to apply remedial measures to overcome the environmental pollution state caused by the acts of administrative violation;
c) Copelling to destroy articles hazardous to human health and environment;
d) Applying other measures to overcome consequences as provided for in this Decree.
Chapter II
Forms and levels sanction against
Administrative violations in the
Maritime field
Section 1
Violations of the regulations on seaport
Construction and operation
Article 8. Violation of regulations on ensuring safety, security and order in seaport operation
1. A warning or a fine from VND 100,000 to VND 500,000 shall be imposed on each act of entering or leaving the port’s land area or boarding a vessel without permission or neglecting instructions of competent persons.
2. A fine from VND 500,000 to VND 2,000,000 shall be imposed on each of the following violation acts:
a) Employing laborers who hold no approriate professional qualification certificates or license;
b) Violation of the regulations on day-time signs and light signals, night-time lighting in respect of delimitation of wharves in order to ensure vessel’s safe berthing;
c) Wharves’ fenders and bollards are not sufficient or not safe enough to ensure the berthing of vessel;
d) Laying things on wharves or occuping the wharves’ space which may hinder vessels from berthing or unberthing or obstruct any other maritime activities in the port;
e) Failing to promptly report to the maritime administration on incidents, accidents relative to the safety, security and environmental pollution at ports;
f) Having no port facility security plan or certificate of compliance as regulated;
g) Having no port facility officer as regulated;
h) Failing to arrange wharf for vessels’ entering and leaving within the prescribed time limit and with an appropriate distance as regulated.
3. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on each of the following violation acts:
a) Bringing a ship to port or anchorage in the seaport waters without being permitted by the maritime administration;
b) Unloading cargo when port inward clearance procedures are not yet completed as required.
4. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed on each following violation act:
a) Operation a port not in conformity with its declared functions;
b) Berthing a vessel to a berth which has not yet been put into operation as regulated.
5. Application of measures to overcome consequences:
a) To supplement documents, equipment, appropriate forces as required for those violation acts prescribed in Items 1, 2 and 3 of this Article;
b) Vessels are not allowed to continue their berthing/anchoraging at ports for those violation acts prescribed in Item 4 of this Article.
Article 9. Violation of regulations on cargo marks and labels, loading, unloading and storage
1. A fine from VND 500,000 to VND 1,000,000 shall be imposed on each of the following violation acts:
a) Inscribing marks and labels on cargo against the regulations;
b) Loading and unloading and storage of cargo against the regulations;
c) Stowing a volume of cargo on the wharf that exceeds its load capacity.
2. A fine from VND 2,000,000 to VND 5,000,000 shall be imposed on each violation act prescribed in Item 1 of this Article in cases of hazardous goods.
3. Application of measures to overcome consequences:
Compelling to supplement appropriate labels, marks, loading/unloading, and storage as required for those violation acts prescribed in Item 1 and 2 of this Article.
Article 10. Violation of regulations on fire and explosion prevention and combat at seaports
1. A fine from VND 200,000 to VND 1,000,000 shall be imposed on each of the following violation acts:
a) Having no boards of internal rules, or signboards indicating necessary precautions at fire or explosion-prone places;
b) Using fire fighting equipment and devices for other purposes.
2. A fine from VND 1,000,000 to VND 5,000,000 shall be imposed on each of the following violation acts:
a) Fire fighting equipment and devices are not adequate or not ready for use as regulated;
b) Failing to place in prescribed locations or to install a fire and explosion prevention and combat equipment compatible to the goods being transported or loaded and unloaded.
3. A fine from VND 5,000,000 to VND 20,000,000 shall be imposed on each of the following violation acts:
a) Having no adequate fire and explosion prevention and combat system as regulated;
b) Failing to promptly report to the concerned state administration authorities on incidents, accidents relative to the fire and explosion;
c) Employing laborers who are not fully equipped with labor protection devices or are without certificates of fire and explosion prevention and combat, as required.
4. Administrative violations against other fire and explosion prevention and combat shall be applied in accordance with the provisions of the law on fire and explosion prevention and combat.
5. Application of measures to overcome consequences:
Compelling to supplement equipment, signboards, manpower, facilities, as appropriate, as required for those violation acts prescribed in Items 1, 2 and 3 of this Article.
Article 11. Violation of regulations on ensuring maritime safety in the new building , renovating or upgrading of seaports or installing of works and other equipment which affect the maritime safety in the seaport waters
1. A fine from VND 2,000,000 to VND 10,000,000 shall be imposed on each of the following violation acts:
a) Failing to provide appropriate life-saving equipment system;
b) Failing to report to the maritime administration on the construction of other works in the seaport waters;
c) Having no signs or erroneous signs of the areas under construction;
d) Construction vessels and vessels servicing construction projects which anchor outside the permissible limit, thus obstructing the navigation in the port access channels;
e) Disposing of, dropping construction equipment or materials that are noxious into the seaport waters.
2. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed on each of the following violation acts:
a) Constructing a structure without a competent authority’s permit;
b) Carrying out construction works not at the prescribed places.
3. A fine from VND 30,000,000 to VND 60,000,000 shall be imposed on each of the following violations acts:
a) Constructing a structure without a competent authority’s permit, thus causing an accident;
b) Carrying out construction works not at the prescribed places, thus causing an accident.
4. Application of measures to overcome consequences:
a) Suspending the construction works for those violation acts prescribed in Item b, Item 2 and Item b, Item 3 of this Article;
b) Compelling to apply remedial measures to overcome consequences for those violation acts prescribed in this Article.
Article 12. Violation of regulation on environmental protection caused by seaport operation activities
1. A fine from VND 200,000 to VND 1,000,000 shall be imposed on an act of discharging or spilling waste water into the wharf area or seaport waters.
2. A fine from VND 5,000,000 to VND 20,000,000 shall be imposed on each of the following violation acts:
a) Discharging garbage and other wastes into the wharf or seaport waters;
b) Discharging waste water into the wharf or seaport waters.
3. A fine from VND 30,000,000 to VND 50,000,000 shall be imposed on an act of discharging oily water or dirty sludge into the wharf or seaport waters.
4. A fine from VND 50,000,000 to VND 100,000,000 shall be imposed on an act of discharging oily water or dirty sludge or waste matters contaminated with hazardous chemicals into the wharf or seaport waters.
5. Application of measures to overcome consequences:
Compelling to apply remedial measures to overcome the environmental pollution damages caused by the violation acts prescribed in Items 2, 3 and 4 of this Article.
Section 2
Violation of regulations on maritime
Operation of vessels in seaports
Article 13. Violation of regulations on port arrival or transit application procedures
1. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on each of the following violation acts:
a) Vessels calling at or transiting a port without making notification of the vessels’ arrival at the pilot boarding station as regulated;
b) Vessels calling at or transiting a port with a pre-arrival notification that contains incorrect information on the vessels’ arrival at the pilot boarding station as regulated.
2. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed on an act of port arrival or transit without asking for permission as regulated.
3. Application of measures to overcome consequences:
Compelling to complete procedures as required for those violation acts prescribed in Items 1 and 2 of this Article.
Article 14. Violation of regulations on inward, outward clearance or transit procedures
1. A fine from VND 100,000 to VND 500,000 shall be imposed on an act of providing insufficient or wrong information on one of the vessel’s particulars in the General Declaration.
2. A fine from VND 2,000,000 to VND 5,000,000 shall be imposed on an act of failing to produce required papers, or one of the papers to be produced for vessel’s arrival and departure clearance as requested is invalid.
3. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on an act of failing to provide or wrongly provide papers on dangerous cargo being carried on board as requested.
4. A fine from VND 10,000,000 to VND 30,000,000 shall be imposed on an act of letting any crew or passenger embark or disembark prior to the completion of immigration clearance procedures.
5. A fine from over VND 30,000,000 to VND 50,000,000 shall be imposed on each of the following violation acts:
a) Carrying no Port Clearance of the last port of call;
b) Vessels deliberately leaving the port without being permitted;
c) Vessels entering the port that is not named in the Port Clearance of the last port of call without having appropriate reasons;
d) Carrying no ship-owner’s civil liability certificate for tankers carrying petroleum, petroleum products or other hazardous cargoes as required.
6. Application of measures to overcome consequences:
Compelling to supplement necessary papers and complete procedures, as required, for those violations acts prescribed in Item 1, 2, 3, 4 and 5 of this Article.
Article 15. Violation of regulations on safety, security, order and sanitation of vessels
1. A fine from VND 100,000 to VND 500,000 shall be imposed on each of the following violation acts:
a) Whistling or using of electrical loudspeaker against the regulations or not in the cases of emergency or alert;
b) Hoisting holiday flags or mourning flag without permission of the maritime administration.
2. A fine from VND 500,000 to VND 1,000,000 shall be imposed on an act of failing to hoist the Vietnemese flag as regulated.
3. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed on each of the following violation acts:
a) Discharging funnel’s smoke soot when the vessel is in the port;
b) Chipping and painting the vessel without permission of the maritime administration;
c) Scattering equipment and property of the vessel or its crew members on wharves;
d) Carrying out repairs, engine trial, and whistle trial without permission of the maritime administration;
e) Swimming or causing public disorder in the port;
f) Failing to keep watch on VHF or use of VHF against th regulations;
g) Fumigating and disinfecting not at a designated place;
h) Having no rat guard or having a rat guard that is out of standard;
i) Using boats, life craft of the vessels without permission of the maritime administration;
k) Failing to arrange watch-keeping as regulated;
l) Having no ship security officer or designating a ship security officer against the regulations;
m) Manning the vessels improperly, not in conformity with the vessel’s crew book;
n) Having no navigational aids on the bridge as regulated;
o) Having insufficient certificates relative to maritime safety, maritime security and prevention of environmental pollution or vessels’ documents as regulated;
p) Vessels exceeding the speed limitation when maneuvering in the seaport waters.
4. A fine from over VND 3,000,000 to VND 10,000,000 shall be imposed on each of the following violation acts:
a) Maneuvering vessels to enter or leave the port, or to berth or unberth from a wharf in the absence of the Shipmaster on the bridge;
b) Installing bamboo bottom fishing nets, other catching nets and aquaculture facilities in the port access channel;
c) Installing bamboo botom fishing nets, other catching nets and aquaculture facilities in the seaport waters without permission of the maritime administration or their installation were in wrong locations or not at the time as permitted;
d) Conducting diving or other underwater works in the seaport waters without permission of the maritime administration or conducting of these works without any warning sign as regulated;
e) Conducting sport events or other activities which require many facilities in the seaport waters without permission of the maritime administration;
f) Operating sport or tourism boats in the seaport waters without permission of the maritime administration;
g) Using specialized vessels and equipment for survey, dredging, aids to navigation tendering and conducting other works in the seaport waters without permission of the maritime administration;
h) Failing to use or improperly using warning signs as regulated;
i) Vessels navigating outside their permitted area;
k) Failing to report to the maritime administration on maritime incidents, accidents caused by the vessel.
5. Application of supplementary sanctions:
To confiscate material evidences used to carry out the act of administrative violation as provided in items b and c of Item 3 of this Article.
6. Application of measures to overcome consequences:
a) Compelling to restore the original state which has been changed by the violation acts as provided for in items b and c of Item 3 of this Article;
b) Compelling to supplement necessary papers, facilities and equipment, and observing the provisions of law for those violation acts precribed in Items 1, 2 and 3 of this Article.
Article 16. Violation of regulations on fire and explosion prevention and combat applicable to vessels
1. A fine from VND 200,000 to VND 1,000,000 shall be imposed on an act of smoking at non-smoking places or an act of carelessness which may cause fire, explosion on board.
2. A fine from VND 1,000,000 to VND 5,000,000 shall be imposed on each of the following violation acts:
a) Fire fighting equipments and facilities are not adequate or not in the ready-to-operate state as regulated;
b) Having no warning signs or signboards indicating necessary cautions at fire or explosion-prone places;
c) Having no fire plan, fire duty assignment or operation instructions posted onboard vessels as regulated;
d) Fire fighting equipments and facilities are not placed in the designated places onboard vessels as regulated;
e) Storing and maintaining fire and explosion prevention and combat equipment against the storage and maintenance procedures;
f) Crew members onboard failing to use skillfully fire and explosion prevention and combat equipments.
3. A fine from VND 5,000,000 to 10,000,000 shall be imposed on each of the following violation acts:
a) Having no adequate fire and explosion prevention and combat system as regulated;
b) Fire and explosion prevention and combat equipment and devices not operating;
c) Having no response plan in case of emergency;
d) Carrying out works which have spark on deck, in cargo holds and engine room without the inspection by and permission of the maritime administration;
e) Using the specialized fire-fighting devices for other purposes.
4. A fine from VND 10,000,000 to VND 30,000,000 shall be imposed on an act of delaying or failing to implement the order of the maritime administration to take part in fire fighting onboard a distressed vessels at the wharf or in the seaport waters.
5. Application of measures to overcome consequences:
Compelling to supplement and install warning signs, plan, diagram, and required equipment for those violation acts as prescribed in items b, c in Item 2 and items a, b, c in Item 3 of this Article.
Article 17. Violation of regulations on prevention of environmental pollution caused by vessels
1. A fine from VND 200,000 to VND 1,000,000 shall be imposed on each of the following violation acts:
a) Failing to make record in log book about bilge water pumping in the engine room or oil record book, garbage disposal records as regulated;
b) Discharging or disposing of garbage or other objects from the vessel into the port water or wharves.
2. A fine from VND 1,000,000 to VND 5,000,000 shall be imposed on each of the following violation acts:
a) Having no oil record book or waste disposal records as regulated;
b) Having no oil spill response plan as regulated;
c) No person on watch avaiable on board at the place when bunkering is in progress.
3. A fine from VND 5,000,000 to VND 20,000,000 shall be imposed on each of the following violation acts:
a) Pumping, diacharging garbage or ballast water, bilge water from the vessels into the wharves or seaport waters;
b) Carrying out pumping or transfering of bunker between vessels and other means of transports without permission of the maritime administration;
c) Oily water separator devices are not sufficient as regulated or out of order;
d) Leaking bilge water from the vessels into the seaport waters or wharves.
4. A fine from VND 30,000,000 to VND 50,000,000 shall be imposed on an act of violating the regulations on the pumping, discharging of water or bilge water from the vessels into the seaport waters or wharves.
5. A fine from VND 60,000,000 to VND 100,000,000 shall be imposed on an act of violating the regulations on the pumping, discharging of water or waste water contaminated with oil and other hazardous chemicals from the vessels into the seaport waters or wharves.
6. Application of measures to overcome consequences:
a) Compelling to supplement papers, required equipment and devices for such acts of violation prescribed in Item 1 and 2 of this Article;
b) Compelling to take measures to overcome the environmental pollution status as provided for the violation acts prescribed in Item 3, 4 and 5 of this Article.
Article 18. Violation of regulations on life safety onboard vessels
1. A fine from VND 200,000 to VND 1,000,000 shall be imposed on each of the following violation acts:
a) Having no boards regulating duties for life saving and sinking response at required place, or they are avaiable but out of order;
b) Having no boards instructing operation of equipment for life saving and sinking response, or they are avaiable but out of order;
c) Having no assignment board for life saving and sinking response at required places onboard;
d) Manning the vessel with crew members who do not operate skillfully equippments for life saving and sinking response.
2. A fine from VND 2,000,000 to VND 10,000,000 shall be imposed on each of the following violation acts:
a) Manning the vessel with crew members holding insufficient certificates of competency as regulated;
b) Manning the vessel less than the minimum safe manning required or in excess of the manning requirement;
c) Gangways without protection nets or light as regulated.
3. A fine from VND 20,000,000 to VND 50,000,000 shall be imposed on each of the following violation acts:
a) Having insufficient life saving and sinking response facilities or such facilities are avaiable but sub-standard or not ready for use a regulated;
b) Carrying onboard a number of passengers exceeding the permissible carrying capacity as prescribed;
c) Carrying onboard a volume of cargo exceeding the permissible carrying capacity or failing to apply safety measures as regulated.
4. Application of measures to overcome consequences:
Compelling to supplement facilities, papers and manning as required for such acts of violation prescribed in Item 1, 2 and 3 of this Article.
Article 19. Violation of regulations on anchorage, berthing wharves, drawing alongside the other vessels, and towage of vessels in the seaport waters
1. A fine from VND 1,000,000 to VND 5,000,000 shall be imposed on each of the following violation acts:
a) Anchoring, berthing wharves, drawing alongside the other vessels, shifting or conducting other similar activities in the area of access channel, wharf waterfront and other restricted areas without permission of the maritime administration;
b) No sufficient lighting, signaling, warning as required when the vessel is under cargo operation, at anchorage, alongside wharves, alonside the other vessels or on shifting;
c) Not using of tugboats as regulated;
d) Having no fenders as regulated;
e) Failing to give timely notice to the maritime administration about any discrepancies of and damages to navigation aids found when the vesselis operating in the seaport waters and responsible areas of the maritime administration.
2. A fine from VND 5,000,000 to VND 20,000,000 shall be imposed on each of the following violation acts:
a) Not obeying or wrongfully carrying out the order given by the maritime administration;
b) Mooring vessels to navigation aids;
c) Bringing vessels for cargo operation or embarkation/disembarkation of passengers to such positions that have not yet been licensed for operation by the competent authority.
3. Application of measures to overcome consequences:
a) Compelling to supplement facilities, papers, manning and other appropriate means as required for those violation acts prescribed in Item 1 of this Article.
b) Compelling to remove the vessels from their lying positions for those violation acts prescribed in items b and c, Item 2 of this Article.
Article 20. Violation of regulations on registration of sea-going vessels and seafarers
1. A fine from VND 500,000 to VND 1,000,000 shall be imposed on an act of registering the vessel not in the prescribed time limit.
2. A fine from VND 5,000,000 to VND 20,000,000 shall be imposed on each of the following violation acts:
a) Operating a vessel when the vessel’s registry certificate has not been granted;
b) Failing to register for changing the shipowner when a vessel is purchased, sold or transferred of its possession right.
3. A fine from VND 20,000,000 to VND 50,000,000 shall be imposed on each of the following violation acts:
a) Modifying, erasing or forging the certification of competency, vessel registry certificate, seaman passports;
b) Buying, selling, leasing, borrowing, lending certificates of competency, vessel registry certificate, seaman passports;
c) Being fraudulent in applying for the registration of vessels or seafarers or the certificate of competency.
4. Supplementary sanctions:
a) To confiscate material evidences used for committing acts of administrative violations as provided in item a, Item 3 of this Article;
b) To deprive the right to use, for from 3 months to 6 months or for an indefinite time, certificates of competency for such acts of violation as provided for in items b and c, Item 3 of this Article.
5. Application of measures to overcome consequences:
Compelling to supplement papers as required for such acts of violation as provided for in Items 1, 2 and 3 of this Article.
Article 21. Violation of regulations on maritime pilotage
1. A warning or a fine from VND 100,000 to VND 500,000 shall be imposed on the act of vessel’s failing to hoist “G” flag when applying for pilotage or when no “H” flag is hoisted while the pilot is onboard the vessel.
2. A fine from over VND 500,000 to VND 2,000,000 shall be imposed on the act of the pilot’s failing to timely inform the maritime administration of accidents, incidents, changes of access channels and navigation aids when piloting.
3. A fine from VND 2,000,000 to VND 10,000,000 shall be imposed on each following violation acts:
a) Failing to give notice or give incorrect notice to the maritime pilot about characteristics and particulars of the vessel;
b) Failing to provide the maritime pilot with sufficient working and living conditions during his presence onboard;
c) Having no measures for ensuring safety or approriate ladder for the pilot’s safe boarding and disembarkation as regulated;
d) Piloting the vessel inward to anchorage, alongside a wharf without having the orders of, or to a position different from that designated, by the maritime administration;
e) Arranging a maritime pilot who holds inapproriate certificate of maritime pilotage competency or inapproriate certification of maritime pilotage service area.
4. A fine from VND 10,000,000 to VND 30,000,000 shall be imposed on an act of navigating a vessel in and out of the port without maritime pilotage employment as regulated.
5. Applications of measures to overcome consequences:
Compelling to employ additional maritime pilots and provide necessary facilities, communication devices, working and living conditions for such acts of violation as provided for in Items 1, 3 and 4 of this Article.
Section 3
Violation of regulations on maritime
Transport business and maritime services
Article 22. Violation of regulations on the use of license and conditions for maritime transport business, maritime services and multimodal transport business
1. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on each of the following violation acts:
a) Engaging in multimodal transport business without a license or with an inapproriate license;
b) Engaging in maritime transport business, maritime services without having sufficient conditions as regulated.
2. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed on each of the following violation acts:
a) Modifying, erasing or forging the license or the certification of competency;
b) Buying, selling, leasing, borrowing, lending the certification of competency.
3. Supplementary sanctions:
a) Confiscation of material evidences used for committing the acts of administrative violation prescribed in item a, Item 2 of this Article;
b) Revocation of the right to use, for from 3 months to 6 months, the certification of competency for such acts of violation as provided for in item b, Item 2 of this Article.
4. Application of measures to overcome consequences:
Compelling to supplement license, business conditions as required for such acts of violation as provided for in Item 1 of this Article.
Section 4
Violation of regulations on operation
Of maritime search and rescue at seaports
Article 23. Violation of the regulations on operation of search and rescue
1. A fine from VND 1,000,000 to VND 5,000,000 shall be imposed on an act of transmitting false emergency alert.
2. A fine from over VND 5,000,000 to VND 20,000,000 shall be imposed on each of the following violation acts:
a) Failing ti fulfill the obligation as required according to the provisions on maritime search and rescue;
b) Delaying to carry out the orders of competent authorities without any proper reasons.
3. A fine from over VND 30,000,000 to VND 50,000,000 shall be imposed on the act of refusing to carry out the orders competent authorities without any proper reasons.
4. Supplementary sanction:
To enforce the provisions of law for such acts of violation as provided for Item 1, 2 and 3 of this Article.
Section 5
Violation of regulations on salvage
Of property at seaports
Article 24. Violation of regulations on salvage of property at the seaports
1. A fine from VND 200,000 to VND 1,000,000 shall be imposed on the act of failing to inform, report or having informed, reported against the regulations about property sunken at the seaports.
2. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed on each following violation acts:
a) Failing to place or having placed untimely the approriate signs in the location where property was sunken;
b) Failing to carry out the salvage or to complete the salvage of sunken property within the prescribed time limit;
c) Carrying out the salvage of sunken property without permission of competent authorities;
d) Failing to hand over or having handed over inadequately the sunken property which has been incidentally recovered;
e) Failing to pay expenses relative to the salvage of sunken property as regulated.
3. Complementary sanction:
Confiscation of material evidences and means used to carry out acts of administrative violation prescribed in item c, Item 2 of this Article.
4. Application of measures to overcome consequences:
a) To place the signs marking the location where the property was sunken as provided in item a, Item 2 of this Article;
b) To salvage, hand over, handle the sunken property as required for such acts of violation prescribed in Items 1 and 2 of this Article.
Section 6
Violation of regulations on ensuring
The maritime safety at seaports
Article 25. Violation of regulations on ensuring the maritime safety
1. A fine from VND 500,000 to VND 2,000,000 shall be imposed on each of the following violation acts:
a) Failing to issue timely the maritime notice or the content of maritime notice is not correct;
b) Hiding the navigation aids from the view or reducing their effects
2. A fine from VND 5,000,000 to VND 20,000,000 shall be imposed on each of the following violation acts:
a) Installing navigation aids at the wrong locations;
b) Failing to place the sign board warning the obstacles on the roadstead;
c) Causing movement of or damage to navigation aids.
3. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed on the act of disposing mud and soil not at the prescribed places;
4. Application of measures to overcome consequences:
a) To inform timely and accurately the content of maritime notice as required for such acts of violation prescribed in item a, Item 1 of this Article;
b) To install signing boards as required for such acts of violation prescribed in Items 2 and 3 of this Article;
c) To restore the original state which has been changed by violation acts of regulations prescribed in Items 1, 2 and 3 of this Article.
Chapter III
Competence and procedures
For sanctions against
Administrative violations
Section 1
Competence of sanction
Article 26. The competence for sanctioning administrative violations of maritime inspectors, maritime administration directors, the Chief Maritime Inspector, the Chief Inspectorate of the Ministry of Transport
1. A maritime safety inspector on offical duty has the right to impose:
a) A Warning;
b) A fine of up to VND 200,000;
c) Confiscation of material evidences and means used for carrying out acts of administrative violations, worth of up to VND 2,000,000;
d) Compelled restoration of the original state which has been changed by acts of administrative violation;
e) Compelled application of measures to overcome environmental pollution state caused by acts of administrative violation;
f) Compelled destruction of products which are harmful to human health and the environment;
g) Compelled application of other measures to overcome consequences as provided for in this Decree.
2. Maritime Administration Directors has right to impose:
a) A Warning;
b) A fine of up to VND 10,000,000;
c) Confiscation of material evidences and means used for carrying out acts of administrative violation;
d) Revocation of the right to use, for up to 6 months or an indefinite time, certificates of competency, certifications of qualification, licenses issued by transport state authorities. Issuance of a decision to suspending acts of violations in cases that such papers are issued by other competent authorities, which may be followed by a recommendation to the competent authorities for a time-limit revocation of the right to use or withdrawal of such papers;
e) Compelled restoration of the original state which has been changed by acts of administrative violation;
f) Compelled application of measures to overcome the envirmental pollution state caused by acts of administrative violation;
g) Compelled destruction of products which are harmful to human health;
h) Compelled application of other measures to overcome consequences as provided in this Decree.
3. Chief Maritime Inspector has the right to impose:
a) A Warning;
b) A fine of up to VND 20,000,000;
c) Revocation of the right to use, for up to 6 months or an indefinite time, certificates of competency, certifications of qualification, licenses issued by the transport state authority. Issuance of a decision to suspend acts of violations in cases that such papers are issued by other competent authorities, which may be followed by a recommendation to the competent authorities for a time-limit revocation of the right to use or withdrawal of such papers;
d) Confiscation of material evidences and means used for carrying out acts of administrative violation;
e) Compelled restoration of the original state which has been changed by acts of administrative violation;
f) Compelled application of measures to overcome the envirmental pollution state caused by acts of administrative violation;
g) Compelled destruction of products which are harmful to human health;
h) Compelled application of other measures to overcome consequences as provided in this Decree.
4. Chief Inspector of the Ministry of Transport has the right to impose:
a) A Warning;
b) A fine of up to VND 100,000,000;
c) Revocation of the right to use, for up to 6 months or an indefinite time, certificates of competency, certifications of qualification, licenses issued by the transport state authority. Issuance of a decision to suspend acts of violations in cases that such papers are issued by other competent authorities, which may be followed by a recommendation to the competent authorities for a time-limit revocation of the right to use or withdrawal of such papers;
d) Compelled confiscation of material evidences and means used for carrying out acts of administrative violation;
e) Compelled restoration of the original state which has been changed by acts of administrative violation;
f) Compelled application of measures to overcome the envirmental pollution state caused by acts of administrative violation;
g) Compelled destruction of products which are harmful to human health;
h) Application of other measures to overcome consequences as provided for in this Decree.
Article27.Competence of Chairpersons of commune-level People’s Committees in sanctioning administrative violations
Chairpersons of commune-level People’s Committees shall have the right to impose sanctions against administrative violations as provided in Article 28 of the Ordinance.
Article 28. Competence of Chairpersons of district-level People’s Committees in sanctioning administrative violations
Chairpersons of district-level People’s Committees shall have the right to impose sanction against administrative violations as provided in Article 29 of the Ordinance.
Article 29. Competence of Chairpersons of People’s Committees of provinces and centrally-run cities in sanctioning administrative violations
Chairpersons of the People’s Committees of provinces shall have the right to impose:
1. A warning.
2. A fine of up to VND 100,000,000.
3. Application of supplementary sanctions and measures to overcome consequences as provided in Items 3 and 4, Article 7 of this Decree.
In case of application of additional sanction measures for revocation of the right to use the certificates of competency, certifications of qualification, licenses issued by competent authorities, Chairpersons of provincial-level People’s Committee shall recommend such issuing authorities to issue a decision to revoke those certificates and licenses.
Article 30. Principles for mandating the competence to sanction administrative violations
1. Competent state authorities shall have the right to sanction administrative violations in the maritime field which fall within their jurisdiction.
2. In case where an administrative violation in the maritime field falls within the jurisdiction of different authorities, the sanction shall be conducted by the authority which is the first to handle the case.
Section 2
Procedures for sanction and excution
Of sanctioning decision
Article 31. Procedures for applying forms of administrative sanction
1. Upon discovering an act of administrative violation in the maritime field, competent persons shall have to issue an order to immediately suspend such violation act.
2. In case of an administrative violation being imposed with a warning or a fine up to VND 100,000, competent persons shall have to issue a sanctioning decision on the spot in accordance with the simplified procedures as provided for in Article 54 of the Ordinance.
3. In case of an administrative violation is imposed with a warning or a fine of over VND 100,000, competent persons on duty shall have to promptly record of such administrative violation in accordance with the provisions of Article 55 of the Ordinance. The record maker, if incompetent to sanction such administrative violation, shall have to timely send the record and relevant dossier to the competent level for issuing the sanctioning decision.
The term for a decision on sanction to be issued is 10 days from the date of recording the administrative violation; for the acts of violation which are of complicated nature, the time-limit for making the sanctioning decision is 30 days. In the case where time is required for conducting investigation and gathering evidences, competent persons shall have to report in writing to his/her immediate superior for an extension, the extension shall be in writing and the duration of extension shall not be exceeding 30 days. After such time-limit is over, the competent persons shall not issue any sanctioning decision; in this case nevertheless, the application of measures to overcome consequences may be required as provided for in this Decree.
4. When a sanctioning decision is made to a person who commits several acts of administrative violation, competent persons shall only make a single decision in which the form and the level of sanction for each act of violation are stated; in case such forms of sanction are pecuniary penalty, the final sanction shall be the total amount of fines.
5. A sanctioning decision shall take effect from the signing date unless otherwise provided for in the decision. The effective decision shall be sent to the sanctioned organizations and individuals and the fine collecting authorities within 3 days from the date of decision.
6. The fined organizations and individuals shall have to pay their fines at the places stated in the sanctioning decisions in exchange for the receipt of fines. The Ministry of Finance shall take the lead and coordinate with the Ministry of Transport in providing guidance in detail on the procedures for collecting and paying fines, managing and using the fines from sanctions against administrative violations in the maritime field.
7. Forms of records and decisions on sanctions against administrative violations shall be in accordance with the provisions of Decree 134/2003/ND-CP dated November 14, 2003 of the Government with regards to the detailed guidance for implementing a number of articles of the Ordinance.
Article 32. Procedures for revoking the right to use certificates of competency, certification of qualifications and licenses
Procedures for revoking the right to use certificates of competency, certification of qualifications and licenses shall comply with the provisions of Article 59 of the Ordinance.
Article 33. Procedures for confiscating and handling material evidences and means used for committing acts of administrative violations
1. When applying the form of confiscating of material evidences and means used for committing acts of administrative violations, competent persons shall have to make a record in accordance with the provisions of Article 60 of the Ordinance.
2. The handling of material evidences and means used for committing acts of administrative violations shall comply with the provisions of Article 61 of the Ordinance.
Article 34. Execution of sanctioning decisions
1. Organizations and individuals that are sanctioned for their administrative violations shall have to execute sanctioning decisions within 10 days as from the date when such decision is delivered to them, except for cases otherwise provided in the sanctioning decision. Beyond this period if the organizations and individuals in question do not voluntarily execute the sanctioning decisions, the competent persons shall have the right to impose enforcement of the decision, as appropriate.
2. The application of measures of enforcement of the decisions shall comply with the provisions of Article 66 of the Ordinance.
3. The sanctioning decision against administrative violations shall expire after one year as from the date of issue; in cases where the sanctioned organizations or individuals intentionally evade or delay its execution, such time limit shall not apply.
Article 35. Competency to issue decision on application of enforcement measures for the execution of decision against administrative violations
Competency to issue decision on application of enforcement measures for the execution of decision against administrative violations shall comply with the Article 67 of the Ordinance.
Chapter IV
Complaints, denunciations
And handling of violations
Article 36. Complaint, denunciations and proceedinga of administrative lawsuits
1. Organizations and individuals that are sanctioned for their administrative violations in the maritime field or their legitimate representatives may lodge complaints against sanctioning decisions issued by competent persons in accordance with the Law on Complaints and Denunciations. Pending the settlement of complaints by the competent authorities, the sanctioned organizations and individuals must abide strictly by the sanctioning decisions, except for cases of compelling the removal of structures being built.
The complainants, in cases of disagreement with the decision on settlement of complaint, shall have the right to lodge their complaints to the immediate superiors of the persons who have issued such decisions or to initiate administrative lawsuits at the competent courts.
2. Procedures for complaints, denunciations, settlement of complaints and proceedings of administrative lawsuits shall comply with the provisions of Articles 118 and 119 of the Ordinance.
3. Vietnamese and foreign citizens shall have the right to make any denunciation to the competent State authorities about acts of administrative violation in the maritime field committed by any organization and individual in accordance with the provisions of law on complaints and denunciations.
4. Vietnamese and foreign citizens shall have the right to make any denunciation to the competent State authorities about acts against the law by competent persons who handle sanction against acts of administrative violation in the maritime field.
Settlement of denunciations shall comply with the applicable regulations.
Article 37. Handling of violations
1. Persons who are competent to sanction administrative violations in the maritime field but seek personal interests or lack responsiility, extorting, covering up, failing to sanction or sanctioning not in time, improperly, sanctioning beyond his vested power shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing damage, they must pay compensation thereof according to the provisions of law.
2. Persons, who are sanctioned for administrative violations in the maritime field, if committing acts of hindering, resisting on-duty officials who are exercising their responsibility to inspect and control, or deliberately delaying or shirking the execution of 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.
Chapter V
Implementation provisions
Article 38. Implementation effect
This Decree takes effect 15 days after its publication in the Official Gazette, and Decree No. 92/1999/ND-CP dated September 04, 1999 of the Government regarding sanctions against administrative violations in the maritime field shall be annulled.
Article 39. Organization of Implementation
1. The Minister of Transport shall be responsible for organizing the implementation of this Decree.
2. Ministers, heads of the ministerial-level agencies, heads of the agencies attached to the Government and chairpersons of the People’s Committees of provinces and centrally-run cities shall have to implement this Decree.
On behalf of the government
Prime minster
(signed)
Phan van khai
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