Decree No. 62/2006/ND-CP of the Government dated June 21, 2006 on the Sanction Against Administrative Violations in the Maritime Field

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