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The Decree 162/2013/nd-Cp: Provisions On Sanctioning Administrative Violations On The Seas, The Islands And The Continental Shelf Of The Country The Socialist Republic Of Vietnam

Original Language Title: Nghị định 162/2013/NĐ-CP: Quy định về xử phạt vi phạm hành chính trên các vùng biển, đảo và thềm lục địa của nước Cộng hòa xã hội chủ nghĩa Việt Nam

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THE GOVERNMENT.
Numbers: 162 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, November 12, 2013

DECREE

Q A plan for administrative sanctions on the seas, islands, and continental shelves.

of the water - Socialist peace. V. All right N -

______________________

The Law base. I Ch. I'm Twenty-five. Ah! 12 in 2001;

The Law base. X Yeah. Why? Violation of action. I'm 20th day. Ah! 6 in 2012;

Ministry base l Oh, Oh. Vietnam, June 14, 2005;

The Law base. B Vietnam, June 21, 2012;

At the suggestion of Minister Qu Stain. c room ()

Ch I'm The government has enacted a regulatory decree on sanctions on the territory of the seas, islands and the shelves. l It was the country of the Socialist Republic of Vietnam. Oh,

Chapter I

COMMON RULES

What? 1. The adjustment range

1. This decree rules on the behavior of administrative violations; the punishment form, the penalty level; the remediation measures; the authority to compile the administrative breach; the authority to sanctify the administrative violation on the waters, the island and the continental shelf of the country. The Socialist Republic of Vietnam.

2. The administrative violation behavior group is specified in this Decree, including:

a) Violation of the regulations on the management of the waters, the island and the continental shelf of the Socialist Republic of Vietnam;

b) Violation of navigation regulations beyond the seaport waters;

c) Violation of the regulation of marine environment protection.

3. For the administrative violations of the island, the Vietnamese archipelago applies the provisions of the law on administrative violation of administrative violations in the area of relevant state management to handle. For the administrative breach discovered in the interior, territorial waters, territorial waters, the economic and continental shelf of the island, the Vietnamese Islands, the Vietnamese Islands, apply the same sanctions on the behavior of regulations in this decree.

What? 2. Explain the word

In this decree, the word below is understood as follows:

The invasion of the waters, islands and continental shelves of the Socialist Republic of Vietnam are the behavior of individuals, foreign organizations using, ship controls or other vehicles operating in the waters, islands and continental shelves of the Socialist Republic of Vietnam. Vietnam but carried out a serious breach of sovereignty, sovereignty, national jurisdiction over the sea by the rule of Vietnamese law and the international treaty that Vietnam was a member.

What? 3. Money penalty and fines

1. The maximum amount of fines in the management of the seas, the island and the continental shelf of the Socialist Republic of Vietnam for the individual was 1,000,000,000, for the organization of 2,000.000,000.

2. The amount of fines on the administrative violations stipulated at Chapter II This decree is a fine for the individual. The amount of fines for the organization equals 02 times the amount of money for the individual.

3. The penitential jurisdiction of the prescribed titles at Chapter III This decree is the jurisdiction of a fine on the individual; the jurisdiction of the fine against the organization is equal to the individual.

What? 4. Measure remedied

The remediation measures applied in this decree include:

1. The remediation measures are prescribed at the points a, b, c, d, e, e, g, h and i Clause 1 Article 28 Administrative breach of the administrative breach.

2. Enforces the people, the trawled boat leaving the waters, the island and the continental shelf of the Socialist Republic of Vietnam.

3. Subforcing submarines and submarines to operate on the surface.

4. To fly the National Flag of Vietnam or the flag of nationality by regulation.

5. Forcing the relocation of the operation area suitable for the train level.

Chapter II

ADMINISTRATIVE VIOLATION, THE FORM OF PUNISHMENT AND THE REMEDIATION OF THE CONSEQUENCES.

Item 1

VIOLATING THE REGULATIONS ON THE MANAGEMENT OF THE WATERS, ISLANDS AND THE CONTINENTAL SHELF OF THE SOCIALIST REPUBLIC OF VIETNAM.

What? 5. Violation of the regulations on passing without harm in territorial waters

1. Money from 20,000,000 to 30,000,000 to a halt, unauthorized anchorage, Vietnamese territorial waters.

2. Money from 30,000,000 to a 50,000,000 deal on the same day, contact with other ships in the country, Vietnam ' s territorial waters.

3. Money from 80,000,000 to 100,000,000 people on the trip to the forbidden zone or restricted zone of operations in the Vietnamese territorial waters.

4. Money from $150,000,000 to 200,000,000 to one of the following acts: Bsnail, unload, trade, buy goods, money or bring people down to the left boat with the regulation of Vietnamese law on customs, taxes, health or immigration. Yeah.

5. Money from $300,000,000 to $400,000,000 to one of the following acts: The blind smoke, shooting of the guns, launching signals or using explosive materials in the interior, the territorial waters at any purpose, except for the case of shooting the signal. Emergency and fire, according to Vietnamese law.

6. Free from 400,000,000 to $500,000,000 to one of the following acts:

a) Proclamation to harm the defense, the security of Vietnam;

b) Launch, receive or stack vehicles, other vehicles on board.

7. Money range from 800,000,000 to 1,000.000,000 to one of the following acts:

a) Collacing unauthorized information related to defence, security of Vietnam;

b) Training or exercise unauthorized in any form.

8. Form of additional sanctions: The confiscation of administrative violations against the violation of regulations at Clause 4, 5, 6, and Clause 7 This.

9. Measure remediation: Forcing people and boats to break out of the waters, islands and continental shelves of the Socialist Republic of Vietnam for violations of regulation at Clause 5, 6, and Clause 7 This.

What? 6. Violation of the regulation of activity in the surface state of the submarine, the submarine

1. Money from 80,000,000 to 100,000,000 to the submarine and the overseas subversion of the country is not in the surface state when it operates internally, Vietnam ' s territorial waters, except for the permitted case of the Government of Vietnam.

2. Measure remediation: The forcing of submarines and other foreign vehicles to operate on the surface of violations of regulations in this Article.

What? 7. Violation of the Vietnam National Flag and suspended national flag

1. Money from 2,000,000 to 4 million people on the conduct of the Vietnam National Flag or to fly the flag of Vietnam is not exactly the rule of the Vietnamese boat.

2. Penituation from 5,000,000 to 10,000,000 partners for the following violation:

a) The foreign vessel does not fly the flag of nationality, the flag of Vietnam or the suspension of regulations when it operates in the Vietnamese homeland;

b) Submarine, foreign media not to fly the flag of nationality, the flag of Vietnam when operating within Vietnam; not to fly a national flag when it operates in Vietnamese territorial waters, except for the permitted case of the Government of Vietnam.

3. Measure remediation: The flag of the flag of Vietnam or the flag of nationality is prescribed for the behavior of regulations in this Article.

What? 8. Violation of the regulation of investigation, exploration and scientific research on the waters, islands and continental shelves of the Socialist Republic of Vietnam (Vietnam).

1. Penitentiated from 80,000,000 to 100,000,000 people on the conduct of carrying vehicles, weapons, ammunition, explosives, hazardous substances that were not permitted by the authorities of Vietnam.

2. Money range from 170.000,000 to 200,000,000 for the purposes of investigation, exploration, and scientific research are not the right purpose, content, location, time, route of records in the license.

3. Money from 800,000,000 to 1,000.000,000 in violation of the region, the island and the continental shelf of the Socialist Republic of Vietnam to investigate, explore and study Vietnamese marine resources.

4. Additional execution form:

a) The confiscation of administrative violations against the behavior of regulations in paragraph 1, 2, and paragraph 3 This;

b) The suspension works from 3 months to 06 months for the violation of Clause 1 and Clause 2 This.

5. Measure remediation: Forcing people and boats to break out of the waters, islands and continental shelves of the Socialist Republic of Vietnam for violations of regulation at Clause 3 This.

What? 9. Invasion of the waters, islands and continental shelves of the Vietnamese Socialist Republic for tourism and tourism activities.

1. Money from 800,000,000 to 1,000,000,000 people in violation of the region, the island and the continental shelf of the Socialist Republic of Vietnam for tourism.

2. Measure remediation: Forcing people and boats to break away from the waters, islands and continental shelves of the Socialist Republic of Vietnam for violations of regulation at this.

What? 10. Violation of the regulation of net and state exploration of the fish probe while operating in the territorial waters, the territorial waters of the territorial waters and the Vietnam Economic Zone of the foreign boat.

1. Money from 20,000,000 to 40,000,000 to one of the following acts:

a) Not to capture nets or other fishing instruments into the cavity;

b) Do not give the preservation status of all types of exploration, detection, fishing.

2. Form of additional sanctions; the confiscation of administrative violations against the behavior of regulations stipulated at 1 Article.

3. Measure remediation: Forcing people and boats to break away from the waters, islands and continental shelves of the Socialist Republic of Vietnam for violations of regulation at this.

What? 11. Invasion of the waters, islands and continental shelves of Vietnam ' s Socialist Republic to exploit, buy, sell fisheries and ...

1. The currency on the conduct of the region, the island and the continental shelf of the Socialist Republic of Vietnam to exploit, buy, sell the fisheries as follows:

a) The money from 30,000,000 to a 50,000,000 companion to a ship without a machine or installation has a total machine capacity of under 45 CV;

b) The currency of between 50,000,000 and 100.000,000 to the ship has its total main machine capacity from 45 CV to 90 CV;

c) Free from 100,000,000 to 200,000,000 co-ships with total main machine capacity from above 90 CV to 135 CV;

d) Free money from 200,000,000 to 400,000,000 co-ships with total main machine capacity from above 135 CV to 200 CV;

Money from 400,000,000 to 600,000,000 dollars for ships with total main machine capacity from above 200 CV to 300 CV;

e) Free money from 600,000,000 to 800,000,000 co-ships with total main machine capacity from above 300 CV to 400 CV;

g) The money from 800,000,000 to 1,000,000,000 co-boats with the total main machine capacity of over 400 CV.

2. Form of additional sanctions: The confiscation of administrative violations against the behavior of regulations stipulated at 1 Article.

3. Measure remediation: Forcing people and boats to break away from the waters, islands and continental shelves of the Socialist Republic of Vietnam for violations of regulation at this.

What? 12. Violation of regulation on ensuring legal activities on the seas, islands and continental shelves of the Socialist Republic of Vietnam (Vietnam).

1. Money from 80.000,000 to 100,000,000 people on the act of obstruct maritime traffic activity, fishing activity, aquacenship and other legal activities on the waters, islands and continental shelves of the country ' s democratic Republic of China. It ' s a matter of two things.

2. Money from 800,000,000 to 1,000,000,000 co-harm to the act of obstruction of legal action, exploration, oil and gas exploration and other resources on the waters, islands and continental shelves of the Socialist Republic of Vietnam. Male.

3. Form of additional sanctions: Confiscation of violations against the behavior of regulations in Clause 1 and Clause 2 This.

4. Measure in remediation: Force, foreign ships of the country to leave the waters, islands and continental shelves of the Socialist Republic of Vietnam for violations of regulation at this.

What? 13. Violation of the regulations on artificial island, equipment, construction on the seas, islands, continental shelf of the Socialist Republic of Vietnam (Vietnam).

1. Money from 30,000,000 to $50,000,000 for the slow announcement of information concerning artificial island design, equipment, sea construction, safety belt setting, and partial dismantling of the equipment, the construction site. On the sea according to the rules.

2. Money from $50,000,000 to $80,000,000 for non-notification of information concerning artificial island settings, equipment, sea construction, safety belt setting, and partial dismantling of equipment, construction work, and equipment. On the sea according to the rules.

3. Money from 80.000,000 to 100,000,000 people on the behavior of not putting signals, maritime signals and signals, the appropriate hazard signage in the event of equipment, the marine work has not yet fully dismantled because of technical or technical reasons. -Permission to renew.

4. Money from 150.000,000 to 200,000,000 co-conduct by means of vehicle control over the 500-meter (m) safety belt of artificial island, equipment, marine construction.

5. Money from 200,000,000 to $300,000,000 for any behavior that affects the normal functioning of artificial island, equipment, legal work on the waters, islands and continental shelves of the Socialist Republic of Vietnam.

6. Money from 800,000,000 to 1,000.000,000 in violation of the region, island and continental shelf of the Socialist Republic of Vietnam for construction, unauthorized use of artificial islands, equipment, and construction.

7. Additional execution form: The confiscation of administrative violations against the behavior of regulations at paragraph 5 and paragraph 6 This.

8. Measure corrects:

a) To remove the work, part of the construction work without a license or construction is not correct with the prescribed license at paragraph 6 This Article;

b) Forcing people, ships ships to leave the waters, islands and continental shelves of the Socialist Republic of Vietnam for violation of regulations at Clause 4, 5, and Clause 6 This.

What? 14. Violation of the regulations on cable-laying, subways and the exploitation of flow, wind power over the waters, islands and continental shelves of the Socialist Republic of Vietnam.

1. Money from 400,000,000 to $500,000,000 for drilling behavior, cutting and all other actions that affect the normal functioning of the cable and legal underground pipes on the waters, islands and continental shelves of the socialist Republic of the Socialist Republic of America. Vietnam.

2. Free from 800,000,000 to 1,000.000,000 in one of the acts:

a) Put on the cables and subways without the written approval of the authorities of the state of Vietnam;

b) The unauthorized exploitation of flow, wind energy and other non-organism resources.

3. Form of additional sanctions: The confiscation of administrative violations against the behavior of regulations in this Article.

4. Measure corrects:

a) To unload the work, the building portion of the construction does not have a permit for the violation of the provisions in Clause 2 This Article;

b) Force of men, ships of violation of the seas, Vietnam Island for violation of regulations at this.

What? 15. Violation of the regulation of shipping, trading, trading, to the port of unauthorized goods on the waters, islands and continental shelves of the Socialist Republic of Vietnam.

1. Penituation from 10,000,000 to 20,000,000 in one of the following acts:

a) Transport, to the port of goods at sea without contract or similar paper under the rule of law;

b) The use of transport is not suitable for the type of goods under the rule of law;

c) To gas oil, ores, and other types of goods are not exactly the same as the rule of law.

2. Money for shipping, trading, trading, to the port of unlicensed goods, not full of paper documents that demonstrate the legalization of goods or for business goods, conditional transport at the time of the inspection, no or no. not full of paperwork accompanying it to prove the legitimacy of that commodity as follows:

a) A fee of $5,000,000 to 10,000,000 to the case of goods valued from 10,000,000 to under 20,000,000;

b) The amount of money from 10,000,000 to 15,000,000 to the case of goods valued from 20,000,000 to less than 50,000,000;

c) The amount of money from 15,000,000 to 20,000,000 people to the case of goods is worth 50,000,000 to less than 70,000,000.

d) Free from 20,000,000 to 25,000,000 to the case of goods valued from 70,000,000 to less than 100,000,000;

The money from 25,000,000 to 30,000,000 to the case of goods was worth more than 100,000,000, without looking for criminal responsibility.

3. Form of additional sanctions: The confiscation of administrative violations against the behavior of regulations in this Article.

Item 2

VIOLATIONS OF NAVIGATION REGULATIONS, IN ADDITION TO SEA PORTS

What? 16. Violation of registration of registration, registration, and domestic transport permit of the liner.

1. Money from 5,000,000 to 10,000,000 for the absence of one of the materials, the ship's certificate or one of the documents, the certificate is run out of value, except for the license plate registration.

2. For the unlicensed behavior that leaves the last port under the regulation will be treated as follows:

a) Phu money from 10,000,000 to 20,000,000 men for ships with total capacity under 500 GT;

b) The amount of money from 20,000,000 to 40,000,000 dollars on ships has total capacity from 500 GT to less than 3,000 GT;

c) The amount of money from 40,000,000 to 80,000,000 co-boats has a total capacity of 3,000 GT or more.

3. Money from 10,000,000 to 20,000,000 to a ship's exploration of the ship without receiving a license to sign the ship's registration.

4. Money from 20,000,000 to 30,000,000 to each of the following violations:

a) Buy, sell, rent, rent, borrow, lend one of the certificate, document of the boat;

b) Use one of the certificate, document of the other ship.

5. For the unlicensed conduct of the ship's civilian liability insurance for passenger boats, oil tankers, petroleum products or other dangerous goods under the regulations will be punished as follows:

a) Money from 30,000,000 to $50,000,000 for passenger boats to less than 100 people; oil tankers, petroleum products or other dangerous goods have a total capacity of less than 500 GT;

b) The amount of money from 50,000,000 to $80,000,000 to a passenger boat from 100 to under 300 people; the tanker, oil from oil or other dangerous goods, had a total capacity of 500 GT to less than 3,000 GT;

c) The amount of money from $80,000,000 to 100,000,000 to the passenger boat from 300 or more; the tanker, the oil-based ship, or other dangerous goods, has a total capacity of 3,000 GT.

6. A fee of $80,000,000 to 100,000,000 for foreign ship actions in domestic shipping, carrying out a special operation without a permit or approval text of the Vietnamese authority.

7. Form of additional sanctions: Confiscation of violations of the violation of the violation of regulations at Clause 4 This.

What? 17. Violation of the crew ' s technical certificate of expertise, boat book and boat passport

1. Money from 5 million to 10,000,000 men on board the ship's crew does not have enough expertise, a boat book or a designated boat passport.

2. Free from 10,000,000 coins to 20,000,000 to the purchase, sale, lease, lease, loan, loan certificates, staff members, and crew passports.

3. Money from 20,000,000 to 30,000,000 for the behavior of using specialized certificate, boat book, tamper passport or have been repaired, bleached to mislead the content.

4. Additional execution form:

a) The title of a specialized certificate from 6 months to 12 months for the violation of the provisions of this Article 2;

b) The confiscation of specialized certificates, notebooks, crew passports for violation of Clause 3 This.

What? 18. Violation of the safety regulations on marine ships

1. Penituation of between 1,000,000 and 5 million coins for each of the following violations:

a) There is no task roster in an emergency situation at the required positions or have a duty roster but does not match the ship ' s boat or the regulatory board that has been damaged;

b) The Captain does not use the proficiency of the ship's rescue equipment, the ship's rescue.

2. Free from 10,000,000 to 15,000,000 in each of the following violations:

a) The saving equipment does not guarantee quality or is not guaranteed to be operational immediately;

b) The ship's rescue site is not correct;

c) The saved pages have expired use.

3. For the unintended conduct of a minimum safety margin or excess of the permission of the site ' s rescue equipment on the ship by regulation; neither equipped or equipped with incomplete equipment of fire, save, punctuation by regulation will be dealt with. to the following:

a) Phu money from 10,000,000 to 20,000,000 men for ships with total capacity under 500 GT;

b) The amount of money from 20,000,000 to 30,000,000 to the boat has total capacity from 500 GT to less than 3,000 GT;

c) The money from 30,000,000 to 40,000,000 to a ship with a total capacity of 3,000 GT or more.

4. For the overcharged cargo behaviour of ships carrying a total capacity of less than 500 GT will be treated as follows:

a) The warning to the cargo conduct goes up below 1% compared to the permitted payload;

b) The amount of money from 3,000,000 to 5,000,000 shares of cargo is from 1% to under 5% compared to the permitted tonnage;

c) The currency of between 5,000,000 and 10,000,000 shares of cargo behaviour exceeds 5% to less than 10% compared to the permitted tonnage;

d) A total of $10,000,000 to 15,000,000 in excess of a 10% above cargo conduct than the permitted tonnage.

5. For the overhastcarrying behaviour of ships carrying total capacity from 500 GT to less than 3,000 GT will be treated as follows:

a) The warning to the cargo conduct goes up below 1% compared to the permitted payload;

b) The amount of money from 10,000,000 to 20,000,000 to 20,000,000 shares of cargo is from 1% to under 5% compared to the permitted tonnage;

c) The amount of money from 20,000,000 to 30,000,000 dollars on cargo behaviour exceeds 5% to less than 10% compared to the permitted tonnage;

d) The money from 30,000,000 to 50,000,000 dollars on cargo behavior exceeded 10% or more than the permitted tonnage.

6. For the overhastcarrying behaviour of ships carrying total capacity from the 3,000 GT onward will be treated as follows:

a) The warning to the cargo conduct goes up below 1% compared to the permitted payload;

b) The amount of $30,000,000 to $40,000,000 on cargo behavior from 1% to under 5% compared to the permitted tonnage;

c) The currency of between 50,000,000 and 60,000,000 shares of cargo behaviour exceeds 5% to less than 10% compared to the permitted tonnage;

d) fines from $70,000,000 to $80,000,000 in excess cargo range from 10% or more than the permitted tonnage.

7. For the passenger passenger so the number of ships that have total capacity under the 500 GT will be treated as follows:

a) A total of $5,000,000 to 10,000,000 for passenger behaviour in excess of five people compared to the number of permits;

b) The amount of money from 10,000,000 to 15,000,000 is a total of six to ten persons compared to the number permitted;

c) The amount of money from 15,000,000 to 20,000,000 people on passenger behavior exceeds 10 people compared to the amount permitted.

8. For passenger behaviour beyond the number of regulations of ships carrying total capacity from the 500 GT to less than 3,000 GT will be treated as follows:

a) A total of $10,000,000 to 15,000,000 for passenger behavior of 10 persons compared to the number permitted;

b) The amount of money from 15,000,000 to 20,000,000 was to the passenger's journey from 11 to 20 people compared to the number allowed;

c) The amount of money from 20,000,000 to 30,000,000 dollars on passenger behavior exceeds 20 people compared to the amount permitted.

9. For the passenger behavior beyond the number of regulations of ships carrying total capacity from the 3,000 GT onward will be treated as follows:

a) The money from 20,000,000 to $40,000,000 for passenger behavior exceeds 20 people compared to the number of permits;

b) The amount of money from 40,000,000 to 60,000,000 dollars for passenger behavior is from 21 to 30 people compared to the number permitted;

c) The amount of money from $60,000,000 to $80,000,000 for passenger behavior exceeds 30 people compared to the amount permitted.

10. Additional form of sanctions: The title of using a paper's specialized certificate authority from 01 months to 3 months for a prescribed violation at points b, c, d Clap 5; Points b, c, d Section 6; Points b and c Clap 7; Clap 8 and Clause 9 This.

What? 19. Violation of room safety regulations, fire fire, explosions on ocean ships

1. Penituation from 2,000,000 to 5 million coins for each of the following violations:

a) There are no warning signs or instructions necessary in the flammable, flammable places;

b) There is no fire system scheme, fire roster or operation dashboard in the positions on the ship by regulation;

c) The fire equipment site is not the correct location on the ship.

2. Penituation from 5,000,000 to 10,000,000 in each of the following violations:

a) Not fully equipped with room, fire, and fire equipment.

b) Defense, anti-fire, unusable explosive;

c) There is no application plan in case of an emergency;

d) The fire equipment site is not in a state of readiness to operate by regulation;

Use the fire to another purpose;

e) Chin is easily flammable, exploding with passengers.

What? 20. violations of maritime safety guarantee

1. Penituation of $8,000,000 to 10,000,000 dollars for the vehicle operator in violation of the following process rules:

a) Not using or using the correct types of signal types;

b) Do not follow the rules when the journey, avoid, cross over the sea.

2. Penituation from 10,000,000 to 20,000,000 to one of the following acts:

a) No signage signs of artificial islands or sea works;

b) As a transfer or loss of the effect of the maritime signal.

3. Money from 30,000,000 to $40,000,000 for behavior that does not comply with regulations when the journey, avoid, cross over the sea causing severe maritime accidents.

4. Money from 40,000,000 to a 50,000,000 contract with ship behavior does not comply with regulations when the journey, avoiding, crossing over the sea causing severe maritime accidents.

5. Measure remediation: Forcing the restoration of the original condition to the violation of regulation at Point 2 This Article.

What? 21. Other regulatory violations of security, safety on the seas, islands and continental shelves of the Socialist Republic of Vietnam (Vietnam).

1. A currency of between 1,000,000 and 5 million people on the behavior does not fly the flag or the flag is not valid.

2. Free from 4,000,000 to 6,000,000 in one of the following acts:

a) The passenger vessel does not have a cabinet table located in the designated places on the ship;

b) The layout or for the passenger seat is not in the right place;

c) No layout or deployment of a non-correct vessel security officer.

3. Free of $8,000,000 to 10,000,000 in one of the following acts:

a) Do not specify the name, number, number of IMO, port of registration, mark the safety of the ship by statute;

b) Do not provide or provide incomplete papers on dangerous goods transported on the prescribed vessel.

4. Money range from 10,000,000 to 15,000,000 to one of the following acts:

a) For other means of clinging, forcing the wrong rules when the boat is on the journey;

b) The use of untrue hybrid means;

c) Not equipped with enough navigation equipment on the prescribed cockpit or whether or not to work or not.

5. fines of between 5 million and 10,000,000 are on the wrong behavior of the route, the operating zone of the inland means.

6. Money on shipping has the behavior of misactivity, the region is allowed to function as follows:

a) Phu money from 10,000,000 to 20,000,000 men for ships with total capacity under 500 GT;

b) The amount of money from 20,000,000 to 30,000,000 to the boat has total capacity from 500 GT to less than 3,000 GT;

c) The money from 30,000,000 to 40,000,000 to a ship with a total capacity of 3,000 GT or more.

7. Form of additional sanctions: The title uses a captain's professional certificate from 3 months to 06 months for the specified breach at Clause 5 and Section 6 This.

8. Measure remediation: The forced relocation of the operation zone is suitable for the ship's level for the violation of regulations at Clause 5 and Section 6 This.

What? 22. Violation of search regulations, rescue on the waters, islands and continental shelves of the Socialist Republic of Vietnam (Vietnam).

1. Penituation from 3,000,000 to $5,000,000 in the conduct of a false emergency signal broadcast.

2. Free from 20,000,000 to 40,000,000 in each of the following violations:

a) Not carrying out the obligations of search, maritime rescue;

b) Perform a delay on the command of the authority of the authority to search for, to save the victim.

3. For behavior that does not implement the agency ' s executive order to search for, the prescribed rescue will be punished as follows:

a) Phu money from 10,000,000 to 20,000,000 men for ships with total capacity under 500 GT;

b) The amount of money from 20,000,000 to 40,000,000 dollars on ships has total capacity from 500 GT to less than 3,000 GT;

c) The amount of money from 40,000,000 to 80,000,000 co-boats has a total capacity of 3,000 GT or more.

4. Form of additional sanctions: The title uses the Captain's Specialized Certificate of expertise from 3 months to 06 months for the violation of the specified breach at Point 2 This.

What? 23. Violation of the regulations on the salvage of the sinking property on the waters, islands and continental shelves of the Socialist Republic of Vietnam.

1. Penituation of between 500,000 and 1,000,000 coins for non-notification, report or notification, the report is not correct on the regulation of the sinking property in the sea.

2. Free from 10,000,000 to 20,000,000 partners for each of the following violations:

a) Not installed or installed without the signal time in accordance with the sinking property location;

b) perform the salvage or end of the sinking of the sinking property too long;

c) The recovery of the property that sank when the authority was not authorized;

d) No tables or tables not full of random immerderable assets that were recovered by regulation.

3. Money from 20,000,000 to $50,000,000 against the non-axial behaviour of the sinking property does not jeopardive the regulations.

4. Money from $70,000,000 to 100,000,000 people on the act of failing to salvage the endangered property.

5. Form of additional sanctions: The confiscation of the funeral, the administrative violation stipulated at Point 2 This Article 2.

Section 3

BREACHES OF MARINE ENVIRONMENTAL PROTECTION REGULATIONS

What? 24. Violate of marine environmental protection regulations when foreign ships run by nuclear power or ship vessels carrying radioactive material, hazardous substances, or danger travel through Vietnam ' s territorial waters.

1. Money from 40,000,000 to $50,000,000 against the unladen conduct of the ship and cargo on board ships and cargo ships, documentation of mandatory civilian insurance.

2. Free from 100,000,000 to 150.000,000 people on one of the following acts:

a) There is no full implementation of special precautions according to the regulation of Vietnamese law and the international treaty that the Socialist Republic of Vietnam is applicable to these types of ships;

b) Do not comply with the decision of the competent authority of Vietnam on the application of special precautions, in the case of a clear indication or evidence of the possibility of leaking or contaminization of the environment.

3. Measure remediation: Forcing, traversing ships leaving the waters, islands and continental shelves of the Socialist Republic of Vietnam for violation of Clause 2 This.

What? 25. Violation of the regulation of marine environment protection caused by boat

1. Money from 1,000,000 to $5,000,000 in non-logging behavior, the water pump diaries in the chamber of the chamber, the log of emissions by statute.

2. Penituate from 5,000,000 to 10,000,000 in one of the following acts:

a) There is not enough page of water oil to be prescribed or equipped with but not usable;

b) To leak oil and oil from the ship into the sea.

3. Money from 10,000,000 to 20,000,000 to one of the following acts:

a) There is no plan to apply the spill oil spill; plans for an oil pollution application, chemical pollution by regulation;

b) There is no prescribed certification for the prevention of pollution caused by the oil.

4. Money range from 40,000,000 to 60,000,000 to the release of the discharge, whether or not the oil or the oil or the compound is not in accordance with the rules.

5. Money range from 70,000,000 to 100,000,000 for the discharge, waste and oil or toxic substances that do not follow the rules.

6. Apply the remediation measures: Forcing the implementation of environmental pollution, the environmental degradation of the violations at point b 2; paragraph 4 and paragraph 5 This.

What? 26. Violate the regulations of hazardous waste transport operations.

1. Penituation from 10,000,000 to 20,000,000 to one of the following acts:

a) Not properly implemented the safe operating process of vehicles, specialized equipment in the registration filing attached to the hazardous Waste Management License;

b) Do not properly execute the pollution control and environmental protection plan in the registration file attached to the hazardous waste management license.

2. Money from 20,000,000 to 30,000,000 to one of the following acts:

a) Unset, log tracking hazardous waste by regulation; do not set records to track the transport of the transport by a specified GPS;

b) Do not properly execute the pollution treatment and protect the environment at the end of operation.

3. Money from 30,000,000 to $50,000,000 on one of the following acts:

a) Not equipped with a satellite navigation system (GPS) for the means of transportation of hazardous waste by regulation;

b) Transport for hazardous waste does not follow the route, distance, time by regulation of the authority of the authority;

c) Vehicled, specialized equipment collection, transport, packaging, preservation and temporary storage of hazardous waste does not meet regulatory requirements;

d) In order for other hazardous waste to be able to react, interact with each other during transport or during the temporary storage of hazardous waste.

4. Money range from 50,000,000 to 100,000,000 to one of the following acts:

a) Collation, transport of hazardous waste outside the prescribed site in hazardous waste management licenses;

b) Do not perform the correct rules in a hazardous waste management license minus the specified case at Point 4, Clause 5, and Clause 6 This.

5. Money range from 100,000,000 to 150.000,000 to one of the following acts:

a) Colleming, transporting hazardous waste located outside the portfolio of regulatory hazardous waste in hazardous waste management licenses;

b) Collation, transport of hazardous waste exceeds the amount of regulation in hazardous waste management licenses;

c) The use of hazardous waste transport is not registered in circulation, not in hazardous waste management licenses.

6. Money range from 200,000,000 to $250,000,000 for hazardous waste transport behavior without a hazardous waste management license, except hazardous waste that arise from the birth process or business base, the service (does not include the risk of waste). produce) the size of the household, the individual will be managed, processed under the regulation of recall, processed product expiration or disposal.

7. For the sinking act, pour, the waste of hazardous waste is not correct in terms of environmental protection, the treatment is as follows:

a) Money from 50,000,000 to 100,000,000 dollars for the sinking, dumped, discharged under 120 kg of hazardous waste containing hazardous components, particularly in excess of hazardous waste, or less than 600 kg for hazardous waste containing the waste. The most dangerous part,

b) The amount of money from 100,000,000 to 200,000,000 is the case of the sinking, dumped, 120 kg to less than 500 kg of hazardous waste containing hazardous components, especially in excess of hazardous waste, or from 600 kg to less than 2,000 pounds. Hazardous waste containing other hazardous components;

c) A massive amount of money from 200,000,000 to 300,000,000 to the sinking, dumped, fired from 500 kg to less than 1,000 kg of hazardous waste containing hazardous components, especially in excess of hazardous waste, or 2,000 kg to less than 4,000 pounds. Hazardous waste containing other hazardous components;

d) Free money from 300,000,000 to 400,000,000 dollars for the sinking, pour, waste from 1,000 kg to less than 2,000 kg of hazardous waste containing hazardous components, especially in excess of hazardous waste, or from 4,000 kg to less than 8,000 pounds. with hazardous waste containing other hazardous components;

Money from 400,000,000 to $500,000,000 to the sinking case, dumped, discharged from 2,000 kg to less than 3,000 kg of hazardous waste containing hazardous components, especially in excess of hazardous waste, or 8,000 kg to less than 12,000 pounds. with hazardous waste containing other hazardous components;

e) A massive amount of money from $500,000,000 to 600,000,000 to the sinking, dumped, fired from 3,000 kg to less than 4,000 kg of hazardous waste containing hazardous components, especially in excess of hazardous waste, or from 12,000 kg to less than 16,000 pounds. with hazardous waste containing other hazardous components;

g) Money from 600,000,000 to 700,000,000 to the sinking case, dumped, fired from 4,000 kg to less than 5,000 kg of hazardous waste containing hazardous components, especially in excess of hazardous waste, or from 16,000 kg to less than 20,000 pounds. with hazardous waste containing other hazardous components;

h) The money from 700,000,000 to 800,000,000 dollars on the receiving case, dumped, fired from 5,000 pounds, went up to a hazardous waste containing hazardous components, particularly in excess of hazardous waste, or 20,000 kg or more for hazardous waste. harm contains other dangerous components.

8. Money from $900,000,000 to 1,000.000,000 in exchange for transfer, cho, unregulated sale; sinking, dumping, hazardous waste disposal on the category of Hazardous Organic Pollutants (POP) regulations in accordance with the Stockholm Convention. It ' s about organic pollutants that are difficult to decompose or sink, pour, release radioactive waste.

9. Additional execution form:

a) The title of use of the Occupational Permit to transport hazardous waste from 06 months to 12 months for the case of violation of regulations at Clause 1, 2, 3, 4 and Clause 5 This;

b) The suspension of the collection operation, transporting the hazardous waste of the agent transporting the hazardous waste from 06 months to 12 months for the specified violation case at Clause 1, 2, 3, 4 and Clause 5 This;

c) The suspension of the facility operates from 6 months to 12 months for the specified violation cases at Clause 6, 7 and paragraph 8;

d) The confiscation of the body, the medium used to violate administrative behavior on the breach of regulation at paragraph 7 and paragraph 8 This.

10. Measure corrects:

a) The restoration of the original environmental condition has been changed due to the prescribed violation of Clause 7 and Clause 8;

b) is forced to implement measures to remedy environmental pollution in a time due to a person with an authority to punish the execution in a decision to punish the administrative breach on the rules of regulation at this cause.

What? 27. Violation of other regulations on marine environmental protection

1. A massive amount of money from 10,000,000 to 20,000,000 dollars for transport owners, maritime stores of goods at risk of environmental incidents without informing the forces of the rescue, national rescue, marine police force, organization, fish, and more. I mean, the other relevant person is prescribed.

2. Money from $50,000,000 to $80,000,000 for the organization, the individual who operates the mineral, the transport owner of gasoline, oil, chemicals, radioactive substances and other hazardous substances in the sea with no plans, manpower, security equipment and equipment. to prevent and respond to environmental incidents.

3. Money range from 80,000,000 to 150.000,000 to one of the following acts:

a) The operation to exploit the resources, sea resources and other activities related to the exploitation, using the sea resource that does not properly follow the planning of using natural resources has been approved;

b) Use measures, vehicles, destructive tools in resource exploitation and sea gain;

c) Xher, the waste of waste and other pollutants from manufacturing, business, service, construction, transportation, transportation, mining, island and continental shelf of the Socialist Republic of Vietnam without technical standards. the environment;

d) To, save the means of transport, the treasure in the sea is too time to process;

Not to collect, store and dispose of hazardous waste according to the regulations for exploration, exploitation of marine resources, transportation of shipping vehicles at sea.

4. Money from 150.000,000 to $250,000,000 for the behavior of the usual waste sea of transport, the drilling rigs operating on the sea without being processed by regulation or does not process the technical standard of quality. discharge; dumping solid waste from the mainland into the sea without the consent text of the state regulator of environmental protection by regulation; dumping the waste from the operation dredging the flow, creeks into the sea without the approval text of the state governing body. It ' s about regulation of environmental protection.

5. Money from 250,000,000 to $500,000,000 for the dumping of waste types into the waters of the nature reserve, natural heritage, new natural ecosystem, regular or seasonal breeding area of aquatic species, Seafood.

6. Money from $500,000,000 to 1,000,000,000 people on a hazardous waste dumping behavior, the waste containing radioactive material down the waters, islands and continental shelves of the Socialist Republic of Vietnam.

7. Additional execution form:

The confiscation of the funeral, the means of administrative violation of the violation of regulations stipulated at point b 3, Clause 4, 5, and paragraph 6 This.

8. Measure corrects:

Forced implementation of environmental pollution remedied in the time of the person with the authority to punish the execution in a decision to punish the administrative breach against the regulations of regulation at this cause.

Chapter III

THE AUTHORITY TO SENTENCE AND AUTHORITY TO COMPILE THE ADMINISTRATIVE VIOLATION ON THE WATERS, ISLANDS AND CONTINENTAL SHELVES OF THE SOCIALIST REPUBLIC OF VIETNAM.

What? 28. South Vietnamese Coast Guard jurisdiction

1. The Coast Guard Police are enforcement of the right:

a)

b) Free to 1,500,000.

2. The Organization of the Marine Police Service has the right:

a)

b) Free to go to $5,000,000.

3. The captain of the Marine Police Department, Police Station Chief of Police have the right:

a)

b)

c) Apply the applicable remediation measure at the points a, c and the Article 1 Article 28 of the Administrative Violation Disposal Act.

4. Maritime Police Squadron has the right to:

a)

b)

c)

d) Apply the applicable remediation measure at the points a, c, d, clause 1 Article 28 of the Administrative Violation Law and at paragraph 2, paragraph 4 Article 4 of this decree.

5. The Marine Police Squadron has the right to:

a)

b)

c)

d) Apply the applicable remediation measure at the points a, c, d, clause 1 Article 28 of the Administrative Violation Law and at Clause 2, 4, and paragraph 5 Article 4 This decree.

6. The commander of the Marine Police Area has the right:

a)

b)

c) The confiscation of the funeral, the administrative violation, is worth less than 100,000,000;

d) Apply the applicable remediation measure at the points a, c, d, clause 1 Article 28 of the Administrative Violation Law and at Clause 2, 3, 4, and Section 5 Article 4 This decree.

7. Marine Police Commander:

a)

b)

c) The title of using a license, certificate of practice with a deadline or suspension of operations has a deadline;

d)

The applicable remediation measures at the point a, b, c, d, clause 1 Article 28 Administrative breach of the administrative breach and Clause 2, 3, 4, and Section 5 Article 4 This decree.

What? 29. Border Protection Authority

The Border Defence Department has jurisdiction over the violation of regulations at Section 1 Chapter II This decree is directly related to the site, its management area is as follows:

1. Chief of the Border Station, Squadron Chief of the Border Patrol, Commander of the Border Patrol, Commander of the Border Patrol Border Patrol has the right to:

a)

b)

c)

d) Apply the applicable remediation measure at the points a, c, Clause 1 Article 28 of the Administrative Violation Law and Clause 2, paragraph 4 Article 4 This decree.

2. Head of the provincial department of Border Protection, Commander of the Border Patrol Squadron of the Command of the Border Guard has the right to:

a)

b)

c) The title of using a license, certificate of practice with a deadline or suspension of operations has a deadline;

d)

Applying the measure of the consequences of regulation at point a, c, e, i Clause 1 Article 28 of administrative violations and Clause 2, 3, 4, 5 Articles 4 This decree.

What? 30. Customs sanctions authority

The customs authority is given the jurisdiction over the violations of the regulations at Clause 4 Articles 5 and 1 Article 15 This decree is found in the operating site and the management sector of the Customs as follows:

1. Captain of the Bureau of Customs, Captain of the Office of the Examination Bureau.

a)

b) Free to go to $5,000,000.

2. Chief of the Bureau, Chief of the Bureau, Chief of the Bureau of Customs and Customs Enforcement, Captain of the Division of the Provincial Bureau of Customs, the provincial city of the Central Committee, Captain of the Central Control Team, Captain of the Customs Enforcement Team, Navy Control Squadron on the Sea and Captain of the Control Team protecting the intellectual property rights of the Customs Enforcement Investigation Department,

a)

b)

c)

d) Apply the applicable remediation measure at points d, e, g, i Clause 1 Article 28 of the Administrative Breach Disposal Act.

3. Secretary of the Department of Smuggling Investigations, the Bureau of Investigation after the agency ' s Office of Customs, Department of State Department of Customs, interstate, Central City is entitled to:

a)

b)

c) The title of using a license, certificate of practice with a deadline or suspension of operations has a deadline;

d) The confiscation of the artifacts, the means of administrative violation, is worth less than 50,000,000;

p) Apply the effective remediation measure at points d, g, g, i Clause 1 Article 28 of the Administrative Breach Disposal Act.

4. General Secretary General of the Customs Office has the right:

a)

b)

c)

d) Apply the applicable remediation measure at points d, e, g, i Clause 1 Article 28 of the Administrative Breach Disposal Act.

What? 31. Maritime Inspectman ' s Court of Disposal, Maritime Port and Maritime Bureau Authority

Maritime inspectors, Maritime Port Authority and Bureau of Maritime Affairs have jurisdiction over the prescribed violation of Articles 16, 17, 18, 19, 20, 21, 22, 22, and Article 25 This protocol is directly related to the site, the field of management as follows:

1. Inspector of the Department of Transport for Transport, Inspector of Maritime Affairs, who is assigned to the duty of Inspector General of Maritime Affairs in the enforcement of the right:

a)

b)

c) The confiscation of the animal, the administrative violation, is worth less than 500,000;

d) Apply the applicable remediation measure at the points a, c, clause 1 Article 28 of the Administrative Breach Disposal Law.

2. Chief Inspector of the Maritime Service of Vietnam, Chief Inspector of the Department of Maritime Affairs of Vietnam has the right to:

a)

b)

c) The title of using a license, certificate of practice with a deadline or suspension of operations has a deadline;

d) The confiscation of the artifacts, the means of administrative violation, is worth less than 50,000,000;

p) Apply the measure of remediation in paragraph 1 (minus point k) Article 28 of the Administrative Violation Law and Article 5 Article 4 of this decree.

3. Chief Inspector General of the Department of Transport has the right:

a)

b)

c) The title of using a license, certificate of practice with a deadline or suspension of operations has a deadline;

d) The confiscation of the artifacts, the means of administrative violation, is worth less than 70,000,000;

p) Apply the measure of remediation in paragraph 1 (minus point k) Article 28 of the Administrative Violation Law and Article 5 Article 4 of this decree.

4. Chief Inspector of the Department of Transport has the right:

a)

b)

c) The title of using a license, certificate of practice with a deadline or suspension of operations has a deadline;

d)

The applicable remediation applies at points a, b, c, d, e, e, g, h, and i Clause 1 Article 28 Administrative breach laws and Clause 5 Articles 4 This decree.

5. Head of the Maritime Port Authority has the right:

a)

b)

c) The confiscation of the animal, the administrative violation, is worth less than 10,000,000.

6. Director of the Maritime Port Authority, Chief Inspector of Maritime Port Authority has the right to:

a)

b)

c) The title of using a license, certificate of practice with a deadline or suspension of operations has a deadline;

d) The confiscation of the artifacts, the means of administrative violation, is worth less than 25,000,000;

The applicable remediation applies at points a, b, c, e, and i Clause 1 Article 28 of the Administrative Violation Law and Article 5 Article 4 of this decree.

7. Vietnam ' s Department of Maritime Affairs has the right:

a)

b)

c) The title of using a license, certificate of practice with a deadline or suspension of operations has a deadline;

d)

The applicable remediation applies at points a, b, c, d, e, e, g, h, and i Clause 1 Article 28 Administrative breach laws and Clause 5 Articles 4 This decree.

What? 32. Authority to punish the administrative violation of the Control

The Bureau of Regional Control, Director of the Bureau of Control, has jurisdiction over the violation of the breach directly to the site; its management area is specified at Article 10, Article 11, and Section 1 Article 12 This decree is as follows:

1. The Chief of the Regional Control Branch has the right:

a)

b)

c) The authority to use the aquaculture license, certificate of fisheries to date or suspension of the fisheries has a deadline;

d) The confiscation of the artifacts, the means of administrative violation, is worth less than 50,000,000;

The applicable remediation measures at points a, b, c, d, e, e, g, h, and i Clause 1 Article 28 Administrative breach laws and Clause 2 Article 4 of this decree.

2. Director of the Bureau of Control has the right:

a)

b)

c) The authority to use the aquaculture license, certificate of fisheries to date or suspension of the fisheries has a deadline;

d) The confiscation of the artifacts, the means of administrative violation, is worth not exceeding 25,000,000;

The applicable remediation measures at points a, b, c, d, e, e, g, h, and i Clause 1 Article 28 Administrative breach laws and Clause 2 Article 4 of this decree.

What? 33. The authority to compile administrative violations

1. Upon the implementation of the civil service, persons with authority to punish the administrative violation stipulated at Articles 28, 29, 30, 31, and Article 32 of this Protocol have the authority to compile the administrative breach.

2. Maritime Police Officer, civil service officer, Maritime Port officer who is on duty, finds the administrative breach of the administrative violation of the administrative breach and transferred directly to the person with the authority to sanctipate the administrative breach.

Chapter IV

EXECUTION CLAUSE

What? 34.

The decree has been in effect since 1 January 2014 and replaced the Protocol No. 1. 137 /2004/ND-CP June 16, 2004 of the Government of the United States Regulation of Administrative Infringement on the waters and continental shelf of the Socialist Republic of Vietnam.

What? 35. The transition clause

1. For the administrative violation on the seas, the island and the continental shelf of the Socialist Republic of Vietnam that occurred before this time of the Protocol was in effect, which was then newly discovered or is considering, addressing, if the regulations on treatment were made. The administrative violation in this decree is beneficial to the individual, the organization of the administrative breach, and the provisions of this decree to handle.

2. For the decision to sanctiate the administrative breach that was issued or executed before the time of the Administrative violation of the Administrative violation, the decree took effect, which the individual, the organization sentenced to the administrative breach, and the complaint applies. regulation of the ordinance of the administrative breach of the Administrative, Decree No. 137 /2004/ND-CP June 16, 2004 of the Government of the United States Regulation of sanctions on the seas and the continental shelf of the Socialist Republic of Vietnam to resolve.

What? 36.

1. Minister of Defense of the Defense Guide, examine the implementation of this decree.

2. The ministers, peer-to-peer authority, Head of the Government of the Government, Chairman of the Provincial People's Committee; the central city of the Central Committee is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung