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 DECREE regulating the sanctioning administrative violations on the seas, the Islands and the continental shelf of the Republic of Vietnam Socialist _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
The base of law handling administrative violations on June 20, 2012;
The Vietnam maritime law base on June 14, 2005;
Pursuant to the law of the sea on 21 June 2012, Vietnam;
According to the recommendation of the Minister of national defence;
The Government issued the decree regulating the sanctioning administrative violations on the seas, the Islands and the continental shelf of the Republic of Vietnam Socialist, chapter I GENERAL PROVISIONS article 1. Scope 1. This Decree regulates the administrative violations; sanctions, the sanctions; remedial measures; the authority established the administrative infringement thereon; the authority sanctioning administrative violations on the seas, the Islands and the continental shelf of the Socialist Republic Vietnam.
2. Group administrative violations set forth in this Decree, including: a) the violation of the regulations on the management of the sea, the Islands and the continental shelf of the Republic of Vietnam Socialist;
b) infringe regulations on external maritime sea port waters;
c) violated the rules on the protection of the marine environment.
3. for administrative violations on the island, Vietnam Islands shall apply the provisions of the law on sanctioning administrative violations in the field of governance is relevant to the process. For administrative violations are detected in the internal waters, territorial sea, contiguous zone, exclusive economic zone and the continental shelf of Vietnam Islands, island, then apply corresponding sanctions violations of the provisions of this Decree.
Article 2. Explanation of terms In this Decree, the terms below are interpreted as follows: the invasion of the sea, the Islands and the continental shelf of the Republic of Vietnam's Socialist behavior of individuals, foreign organizations use, control the ships or other means of operation in the sea, the Islands and the continental shelf of the Republic of Vietnam Socialist but perform acts serious violation of the sovereignty, sovereign rights, jurisdiction over seas countries in accordance with the law of Vietnam and the international treaties to which Vietnam is a member.
Article 3. Fines and authority fined 1. The maximum fines in the management of the sea, the Islands and the continental shelf of the Republic of Vietnam Socialist for individuals is 1,000,000,000, with regard to the organization is 2,000,000,000.
2. Fines for administrative violations specified in chapter II of this Decree are fines for individuals. Fines for the organization by 2 times the fines for individuals.
3. jurisdiction of fine titles specified in chapter III of this Decree is the Authority fined for individuals; authority to impose a fine for the organization by 2 times for the individual.
Article 4. Remedial measures The remedial measures to be applied in the Decree include: 1. The remedial measures are specified at points a, b, c, d, e, f, g, h and i of paragraph 1 Article 28 of law handling administrative violations.
2. Force the offending boats, leaving the sea, Islands and continental shelf of Socialist Republic Vietnam.
3. Forcing the submarine and underground transport to operate floating on the water.
4. Forced to hang the flag of Vietnam or the flag of nationality as prescribed.
5. the Forced relocation of the works for level matching.
Chapter II ADMINISTRATIVE VIOLATIONS, FINES and REMEDIAL MEASURES 1. VIOLATION of the REGULATIONS on the MANAGEMENT of the SEA, the ISLANDS and the CONTINENTAL SHELF of the SOCIALIST REPUBLIC of VIETNAM article 5. Violation of the regulations on passing no harm in waters 1. A fine fellow to fellow 30,000,000 20,000,000 words for the behavior stopped, moored in the unauthorized internal waters, the territorial Vietnam.
2. A fine of 30,000,000 50,000,000 for copper to copper behavior hits the starboard side, in contact with other boats in the internal waters, the territorial Vietnam.
3. Fine fellow to 80,000,000 100,000,000 contract for behavior go on limited region or zone of operations in Vietnam waters.
4. A fine of 150,000,000 VND to 200,000,000 Council for one of the following behaviors: Loading, unloading, Exchange, purchase and sale of commodities, currencies or putting people up and down the boats left with provisions of the law of Vietnam customs, taxes, health care or immigration.
5. Fine fellow to 400,000,000 300,000,000 contract for one of the following behaviors: smoke blinded, shoots pistols, fired the signal or use the explosives in the internal waters, territorial sea for any purpose, except in cases of emergency and signal bullet shot gun salute under the provisions of the law of Vietnam.
6. Fines of from 500,000,000 to copper copper 400,000,000 for one of the following behaviors: a) propaganda intended to cause harm to the national defense, security of Vietnam;
b) launched, receiving or folded vehicles, other vehicles on board the boat.
7. Fine fellow to 800,000,000 1,000,000,000 Council for one of the following behaviors: a) unauthorized information gathering related to defense, security of Vietnam;
b) training or exercise unlawful under any form whatsoever.
8. additional sanctions: confiscated exhibits administrative violations for violations of the provisions of paragraph 4, 5, 6 and 7 of this Article.
9. the remedial measures: forcing the offending vessels and leave the waters, Islands and continental shelf of Socialist Republic Vietnam for violations of the provisions of Clause 5, 6 and 7 of this Article.
Article 6. Violation of regulations on activities in the State of the submarine submarine transport, 1. A fine fellow to 80,000,000 100,000,000 VND from for submarines and vehicles of foreign countries not in the status of floating on the water when operating in the internal waters, territorial sea, except Vietnam are allowed by the Government of Vietnam.
2. remedial measures: Forcing the submarine and the transport of foreign operations floating on the water for violations of the provisions of this Article.
Article 7. Violation of rules of hanging the flag of Vietnam and hang the flag of nationality 1. Fine of 2,000,000 to 4,000,000 copper copper from for acts not to hang the flag of Vietnam or the Vietnam flag hung not true rule of Vietnam boats.
2. A fine of 5,000,000 VND to 10,000,000 VND for the following violations: a) foreign vessels not to hang the flag of nationality, the flag of Vietnam or not properly suspended regulations when operating in inland Vietnam;
b) submarine, the underground transport of foreign countries not to hang the flag of nationality, the flag of Vietnam when operating in inland Vietnam; do not hang the flag of nationality when operating in Vietnam waters, except in cases allowed by the Government of Vietnam.
3. the remedial measures: Forcing hanging flag of Vietnam or the flag of nationality prescribed for violations of the provisions of this Article.
Article 8. Violate the rules of the investigation, exploration and scientific research on the seas, the Islands and the continental shelf of the Socialist Republic Vietnam 1. A fine fellow to 80,000,000 100,000,000 VND from for acts carrying reconnaissance means, weapons, ammunitions, explosives, toxic substances without permission of the competent authorities of Vietnam.
2. A fine of from copper to copper 200,000,000 170,000,000 for acts of investigation, exploration and scientific research not true purpose, content, location, time, cruise line stated in the license.
3. Fine fellow to 800,000,000 1,000,000,000 Council for infringement, the island waters and continental shelf of Socialist Republic Vietnam to investigate, exploration and scientific research Vietnam sea resources.
4. additional sanctions: a) confiscated exhibits administrative violations for violations of the provisions of paragraph 1, 2 and 3 of this article;
b) operations from 3 months to 6 months for violations in item 1 and item 2 of this Article.
5. remedial measures: forcing the offending vessels and leave the waters, Islands and continental shelf of Socialist Republic Vietnam for violations of the provisions of Paragraph 3 of this article.
Article 9. Invasion of the sea, the Islands and the continental shelf of the Republic of Vietnam Socialist to tourist activities 1. A fine fellow to 800,000,000 1,000,000,000 from Council for infringement, the island waters and continental shelf of Socialist Republic Vietnam to tourist activities.
2. remedial measures: forcing the offending vessels and leave the waters, Islands and continental shelf of Socialist Republic Vietnam for violations of the provisions of this Article.
Article 10. Violating regulations on currency take off the grid and conservation status of fish probe machine when operating in the territorial waters, the contiguous zone and the exclusive economic zone of Vietnam foreign boats 1. A fine fellow to fellow 40,000,000 20,000,000 words for one of the following behaviors: a) Not collect store grids or other fishing tools into the compartment;
b) No State preserved all the exploration, discovery, example lead fish.
2. additional sanctions; Confiscated exhibits administrative violations for violations of the provisions of Paragraph 1 of this article.
3. the remedial measures: forcing the offending vessels and leave the waters, Islands and continental shelf of Socialist Republic Vietnam for violations of the provisions of this Article.
Article 11. Invasion of the sea, the Islands and the continental shelf of the Socialist Republic Vietnam to exploit, buying, selling seafood products 1. Fines for infringement, the island waters and continental shelf of Socialist Republic Vietnam to harness, buy, sell fisheries as follows: a) a fine of 30,000,000 50,000,000 copper to copper for boats with no air or air has a total capacity of main machine under 45 CV;
b) fine copper copper 100,000,000 to 50,000,000 for boats of the main machine capacity from 45 to 90 CV CV;
c) fine from 100,000,000 200,000,000 for copper to copper ships have a total capacity of main machine from over 90 to 135 CV CV;

d) fine from 200,000,000 400,000,000 copper to copper for the boats to have a total capacity of main machine from over 135 CV 200 CV to;
DD) a fine fellow to 400,000,000 600,000,000 from Council for boats have a total capacity of main machine from over 200 to 300 CV CV;
e) fine from copper to copper 800,000,000 600,000,000 for boats have a total capacity of main machine from over 300 to 400 CV CV;
g) fine from copper to 800,000,000 1,000,000,000 Council for boats have a total capacity of main machine on 400 CV. 2. Additional sanctions: confiscated exhibits administrative violations for violations of the provisions of Paragraph 1 of this article.
3. the remedial measures: forcing the offending vessels and leave the waters, Islands and continental shelf of Socialist Republic Vietnam for violations of the provisions of this Article.
Article 12. Violating regulations on ensuring the legitimate activities on the seas, the Islands and the continental shelf of the Socialist Republic Vietnam 1. A fine fellow to 80,000,000 100,000,000 VND from for behavior hinders the operation of maritime transport, fishing operations, aquaculture seafood and other legitimate activities on the seas, the Islands and the continental shelf of the Socialist Republic Vietnam except for the provisions in paragraph 2 of this Article.
2. A fine of 800,000,000 1,000,000,000 for copper to copper behavior hinders for activity legal search, exploration and exploitation of oil and gas and other natural resources on the Islands, waters and continental shelf of Socialist Republic Vietnam.
3. additional sanctions: confiscated exhibits violation for violations of the provisions of paragraph 1 and Paragraph 2 of this Article.
4. remedial measures: forcing the offending foreign boats, leaving the sea, Islands and continental shelf of Socialist Republic Vietnam for violations of the provisions of this Article.
Article 13. Violation of the regulations on artificial islands, devices, works on the seas, Islands, the continental shelf of the Socialist Republic Vietnam 1. A fine of 30,000,000 50,000,000 to copper copper for the slow notification behavior related information to establish artificial islands, devices, works on the sea, set the safety belt around and removed a part or the entire device, works on the sea.
2. A fine of up to 80,000,000 copper copper 50,000,000 for acts not related information notice to establish artificial islands, devices, works on the sea, set the safety belt around and removed a part or the entire device, works on the sea.
3. Fine fellow to 80,000,000 100,000,000 VND for the behavior not the signal, the maritime signalling and signal, signal danger in appropriate cases, the device works on the sea not removed entirely because of technical reasons or be allowed to renew.
4. A fine of 150,000,000 VND to 200,000,000 Council for media control behaviors violate the safety belt 500 metres (m) of the artificial island, equipment, works in the sea.
5. A fine fellow to 300,000,000 200,000,000 from the Council with regard to any behavior that would interfere with the normal operation of the artificial island, equipment, legitimate work on the seas, the Islands and the continental shelf of the Socialist Republic Vietnam.
6. Fine fellow to 800,000,000 1,000,000,000 Council for infringement, the island waters and continental shelf of Socialist Republic Vietnam to build, installation, unauthorized use of artificial islands, equipment, works.
7. additional sanctions: confiscated exhibits administrative violations for violations specified in Clause 5 and Clause 6 of this Article.
8. remedial measures: a) the Forced dismantling works, the works built without license or construction permit does not meet the provisions of Paragraph 6 of this Article;
b) force the offending boats, leaving the sea, Islands and continental shelf of Socialist Republic Vietnam for violations of the provisions of paragraph 4, 5 and 6 of this Article.
Article 14. Violation of the rules on place of underground pipelines, cables and harness the flow, wind energy on the Islands, waters and continental shelf of Socialist Republic Vietnam 1. A fine of from 500,000,000 to copper copper 400,000,000 for drilling, cutting and behavior every other action affecting the normal operation of the underground pipelines and cables on the seas, the Islands and the continental shelf of the Socialist Republic Vietnam.
2. A fine of 800,000,000 1,000,000,000 to copper bronze for one of the acts: a) the most recent submarine pipelines and cables without the consent in writing of the authorized State Agency of Vietnam;
b) unauthorized extraction flow, wind energy and resources Africa other creatures.
3. additional sanctions: confiscated exhibits administrative violations for violations of the provisions of this Article.
4. remedial measures: a) the Forced dismantling works, the buildings have no license for violations of the provisions in paragraph 2 of this Article;
b) force the offending boats, leaving the sea, the island of Vietnam for violations of the provisions of this Article.
Article 15. Violating regulations on shipping, purchase, sale, Exchange, unauthorized cargo to port on the seas, the Islands and the continental shelf of the Socialist Republic Vietnam 1. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) shipping to port on the sea without contract or similar documents prescribed by law;
b) used inappropriate means of transport with goods in accordance with the law;
c) to port of petroleum, iron ore and other commodities not correct location as specified by law.
2. Fines for the behavior of shipping, purchase, sale, Exchange, to port undocumented goods, not full proof of the legality of the goods or for goods transport, business condition that at the time of the test, no or incomplete paperwork attached attached to prove the legitimacy of that commodity as follows : a) a fine of 5,000,000 VND to 10,000,000 contract for goods valued under 20,000,000 10,000,000 copper to copper;
b) fine from 10,000,000 to 15,000,000 copper copper for valuable commodities from copper to 20,000,000 under 50,000,000;
c) fine from copper to copper 20,000,000 15,000,000 for valuable goods from copper to 70,000,000 50,000,000;
d) fine from copper to copper 25,000,000 20,000,000 for valuable cargo cases from copper to 70,000,000 under 100,000,000;
DD) fine from copper to 25,000,000 30,000,000 VND for goods worth over 100,000,000 Council without prejudice to criminal responsibility.
3. additional sanctions: confiscated exhibits administrative violations for violations of the provisions of this Article.
Section 2 VIOLATION of MARINE REGULATIONS, in ADDITION to the PORT WATERS article 16. Violation of the regulations on registration, register and permit domestic transportation of the vessel 1. A fine from 5,000,000 VND to 10,000,000 VND for the lack of a behavior in the types of documents, certification of the boats or one of the types of documents, the certificate of which most of the value in use, except for the certificate of registration of the ship.
2. for unlicensed behavior left the final port will be sanctioned as follows: a) a fine of 10,000,000 20,000,000 for copper to copper vessels of capacity under 500 GT;
b) fine from copper to copper 40,000,000 20,000,000 for vessels of from 500 to 3,000 GT GT;
c) fine from copper to copper 80,000,000 40,000,000 for vessels of from 3,000 GT or over.
3. A fine from 10,000,000 20,000,000 for copper to copper behavioral boats when not yet issued a certificate of registration of the ship.
4. A fine of 20,000,000 30,000,000 VND to Council for each of the following violations: a) to buy, sell, rent, lease, borrow, borrow one of the certificate, the documentation of ships;
b) use one of the certificates, the documents of the other boats.
5. for the behavior without the certificate of insurance of civil liability of owners of ships with regard to passenger ships, oil tankers, from petroleum products or other dangerous goods according to the regulation will be sanctioned as follows: a) a fine of 30,000,000 50,000,000 copper to copper for passenger boats to under 100 people; boats carrying oil from petroleum products or other dangerous goods have a total capacity of under 500 GT;
b) fine from copper to copper 80,000,000 50,000,000 for passenger boats from 100 people to 300 people; boats carrying oil from petroleum products or other dangerous goods has the total capacity from 500 to 3,000 GT GT;
c) fine from copper to 80,000,000 100,000,000 contract for passenger boats from 300 or more people; boats carrying oil from petroleum products or other dangerous goods has the total capacity from 3,000 GT or over.
6. Fine fellow to 80,000,000 100,000,000 VND for the behavior of foreign vessels engaged in domestic transport, made specific activities without a license or written approval of the competent agency Vietnam.
7. additional sanctions: confiscated exhibits violation for violations of the provisions of paragraph 4 of this Article.
Article 17. Violation of rules of certification of boatmen, boatmen and passport book crews 1. A fine from 5,000,000 VND to 10,000,000 VND for crewing behavior working on boats without enough professional certificate, passport or boat crews book staff according to the rules.
2. A fine from 10,000,000 20,000,000 for copper to copper acts of buying, selling, renting, lease, borrow, lend the professional certificates, passport, boat crews book.
3. A fine fellow to fellow 30,000,000 20,000,000 words for certificate usage Windows boats, professional staff, crewing Passport forgery or has been corrected, erased falsified content.
4. additional sanctions:

a) deprived of the right to use certificates from 6 months to 12 months for violations of the provisions in paragraph 2 of this Article;
b) confiscating professional certificates, notes, boat crews for the Passport violation in paragraph 3 of this article.
Article 18. Violation of safety rules on the lives on board the Sea 1. A fine from 1,000,000 to 5,000,000 đồng VND for each of the following violations: a) no table of assigned tasks in emergency situations in the necessary position or task assignment table but not consistent with the ship's boats or the specified table has been damaged;
b) crews do not use fluently the lifesaving equipment, rescue of the ship's number.
2. A fine from 10,000,000 to 15,000,000 Board Council for each of the following violations: a) lifesaving equipment does not guarantee the quality or does not guarantee the operational readiness is right;
b) lifesaving equipment layout of the boats are not properly regulated;
c) lifesaving equipment has expired.
3. for the behavior does not allow certain minimum safety margins or exceeds the allowing of lifesaving equipment on Board according to the provisions; not equipped or armed not full of fire equipment, lifesaving, rescue the perforation will be sanctioned as follows: a) a fine of 10,000,000 20,000,000 for copper to copper vessels of capacity under 500 GT;
b) fine from copper to 20,000,000 30,000,000 VND for vessels of from 500 to 3,000 GT GT;
c) a fine of 30,000,000 VND to 40,000,000 Council for vessels of from 3,000 GT or over.
4. for freight conduct too regulation of ships have a total capacity of under 500 GT will be sanctioned as follows: a) caution for freight conduct pass to under 1% in comparison with the payload allows;
b) fine from 5,000,000 3,000,000 Dong to Dong for freight conduct pass from 1% to under 5% compared with the payload allows;
c) fine from 5,000,000 VND to 10,000,000 VND for freight conduct beyond from 5% to under 10% in comparison with the payload allows;
d) fine from 10,000,000 to 15,000,000 Board Council for freight conduct crossed over from 10% or more compared with the payload.
5. for freight conduct too regulation of ships have a total capacity from 500 to 3,000 GT GT will be sanctioned as follows: a) caution for freight conduct pass to under 1% in comparison with the payload allows;
b) fine from 10,000,000 20,000,000 to copper copper for freight conduct pass from 1% to under 5% compared with the payload allows;
c) fine from copper to 20,000,000 30,000,000 VND for freight conduct beyond from 5% to under 10% in comparison with the payload allows;
d a fine of 30,000,000 VND) to 50,000,000 Council for freight conduct crossed over from 10% or more compared with the payload.
6. for freight conduct too regulation of ships have a total capacity from 3,000 GT or over will be sanctioned as follows: a) caution for freight conduct pass to under 1% in comparison with the payload allows;
b) a fine of 30,000,000 VND to 40,000,000 Council for freight conduct pass from 1% to under 5% compared with the payload allows;
c) fine from copper to copper 60,000,000 50,000,000 for freight conduct beyond from 5% to under 10% in comparison with the payload allows;
d) fine from copper to copper 80,000,000 70,000,000 for cargo crossing on the behavior from 10% or more compared with the payload.
7. With regard to the passenger acts too the number of regulations of the boats had a total capacity under 500 GT will be sanctioned as follows: a) a fine of 5,000,000 VND to 10,000,000 VND for passengers behaviour to five compared with the number of allowed;
b) fine from 10,000,000 to 15,000,000 Board Council for passenger behavior beyond from 6 to 10 people in comparison with the number of allowed;
c) fine from copper to copper 20,000,000 15,000,000 for passenger behavior over 10 people than the number allowed.
8. for passenger behavior exceeds the number specified by boats of from 500 to 3,000 GT GT will be sanctioned as follows: a) a fine of 10,000,000 15,000,000 to copper copper for passengers behaviour to 10 person versus the number of allowed;
b) fine from copper to copper 20,000,000 15,000,000 for passengers behaviour from 11 to 20 people compared with the number of allowed;
c) fine from copper to 20,000,000 30,000,000 VND for passenger behavior over 20 people than the number allowed.
9. for passenger behavior exceeds the number specified by the boats had a total capacity from 3,000 GT or over will be sanctioned as follows: a) a fine fellow to 20,000,000 40,000,000 words for fellow passenger behavior crossed to 20 people compared with the number of allowed;
b) fine from the copper to copper 60,000,000 40,000,000 for passengers behaviour from 21 to 30 people compared with the number of allowed;
c) fine from the copper to copper 80,000,000 60,000,000 for passenger behavior over 30 people than the number allowed.
10. additional sanctions: deprived of the right to use a certificate of professional capacity of captain from 1 month to 3 months for violations of regulations at points b, c, d Paragraph 5; Points b, c, d Paragraph 6; Points b and c of Paragraph 7; Clause 8 and Clause 9 this.
Article 19. Violating regulations on fire prevention, safety for the ship explosion 1. A fine from 5,000,000 VND 2,000,000 VND to for each of the following violations: a) there are no warning signs or directions needed in places where flammable, explosive;
b) no fire system diagram, the table fire assignment or operation instructions table in the position on the Board according to the provisions;
c) fire equipment placed incorrectly the location specified on the boats.
2. A fine of 5,000,000 VND to 10,000,000 VND for each of the following violations: a) Not fully equipped, against fire, explosion as specified;
b) fire prevention equipment, explosives are not used to be;
c) has no plans to rescue in case of emergency;
d) no fire equipment in a State ready for action as specified;
DD) using specialized media fire on other purposes;
e) Carry incendiary or explosive substances together with passengers.
Article 20. Violation of maritime safety 1. A fine from 10,000,000 8,000,000 contract to contract for who controls the media violates the rules the following itinerary: a) not to use or improper use of the kind of regulatory signals;
b) does not comply with the regulations when the journey, avoid, pass each other on the beach.
2. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) is not a sign signaling the artificial island or the sea;
b) Do move or lose the effect of maritime signalling.
3. A fine of 30,000,000 VND to 40,000,000 Dong insubordinate behaviour with respect to provisions when the journey, avoid, pass each other on the sea causing serious maritime accidents.
4. A fine of up to 50,000,000 copper copper 40,000,000 for ship behavior does not comply with the regulations when the journey, avoid, pass each other on the sea cause maritime accidents is particularly serious.
5. remedial measures: Forcing restore original state for violations specified in point b of Paragraph 2 of this Article.
Article 21. Other violation of security and safety on the seas, the Islands and the continental shelf of the Socialist Republic Vietnam 1. A fine from 1,000,000 to 5,000,000 đồng VND acts with no flag or flag is not properly regulated.
2. A fine of 4,000,000 VND to 6,000,000 đồng for one of the following behaviors: a) the ship has no set rules table in the specified place on the ship;
b) layout or for passenger seating is not the right place regulations;
c) No layout or layout of ship security officers are not properly regulated.
3. A fine from 10,000,000 8,000,000 contract to contract for one of the following behaviors: a) does not specify the name, model number, number of IMO, the port of registry, draft marker safety of prescribed vessels;
b) does not offer or provide incomplete paperwork about the dangerous goods are transported on the ship.
4. A fine from 10,000,000 to 15,000,000 VND VND for one of the following behaviors: a) For other vehicles clinging, forcing the wrong rules when boats are;
b) hybrid vehicles use pimp not correct function;
c) Not equipped enough in maritime equipment on the cockpit according to regulation, but does not work or cannot be used.
5. A fine from 5,000,000 VND to 10,000,000 VND for the wrong operation behavior rules of the route, the operation of the vehicles Interior.
6. A fine against the ship have the wrong activity behavior online, the following operations are allowed: a) fine from 10,000,000 20,000,000 for copper to copper vessels of capacity under 500 GT;
b) fine from copper to 20,000,000 30,000,000 VND for vessels of from 500 to 3,000 GT GT;
c) a fine of 30,000,000 VND to 40,000,000 Council for vessels of from 3,000 GT or over.
7. additional sanctions: deprived of the right to use the expertise of captain from 3 months to 6 months for violating the provisions in clause 5 and Clause 6 of this Article.
8. remedial measures: forcing the relocation of the operation to suit the level of ships for violations specified in Clause 5 and Clause 6 of this Article.
Article 22. Violating the rules of search, rescue, Sea Island and the continental shelf of the Socialist Republic Vietnam 1. A fine from 5,000,000 to copper copper 3,000,000 for emergency signaling behavior.
2. A fine fellow to fellow 40,000,000 20,000,000 words for each of the following violations: a) does not fulfill the obligation under the rules of search, rescue;
b) implementation delay command of competent authorities to search and rescue, according to the regulations.
3. for acts not make commands of the authorities competent to search and rescue, according to the rules will be sanctioned as follows: a) a fine of 10,000,000 20,000,000 for copper to copper vessels of capacity under 500 GT;

b) fine from copper to copper 40,000,000 20,000,000 for vessels of from 500 to 3,000 GT GT;
c) fine from copper to copper 80,000,000 40,000,000 for vessels of from 3,000 GT or over.
4. additional sanctions: deprived of the right to use a certificate of professional capacity of captain from 3 months to 6 months for violations specified in point a of Paragraph 2 of this Article.
Article 23. Violation of regulations regarding salvage sunken property on the Islands, waters and continental shelf of Socialist Republic Vietnam 1. A fine from 500,000 to 1,000,000 VND VND for acts not to notice, report or notice, the report is not correct according to the rules of the assets sank in the sea.
2. A fine from 10,000,000 20,000,000 copper to copper for each of the following violations: a) is not installed or the installation do not promptly signal consistent with the location of the property be sunken;
b) perform salvage or end salvage of property being steeped too allotted time;
c) salvaged sunken property, permission of the competent authority;
d) Not delivered or delivered incomplete assets sank from salvage were random according to regulations.
3. Fine fellow to 20,000,000 same 50,000,000 for acts not salvaged sunken assets not dangerous according to the regulations.
4. Fine fellow to 100,000,000 đồng 70,000,000 for acts not salvaged sunken property hazard.
5. additional sanctions: confiscated exhibits, means of administrative violations specified in point c of Paragraph 2 of this Article.
Section 3 VIOLATION of the REGULATIONS on the PROTECTION of the MARINE ENVIRONMENT in article 24. Violation of the regulations on the protection of the marine environment when foreign boats run by nuclear energy or boats transporting radioactive material, toxic or dangerous passing through territorial Vietnam 1. A fine fellow to fellow 50,000,000 40,000,000 words for acts not carry full technical documentation concerning the boats and the cargo on board the boat, documenting civil insurance compulsory.
2. A fine of 100,000,000 VND to 150,000,000 VND for one of the following behaviors: a) do not fulfill the special precautions in accordance with the law of Vietnam and the international treaties to which the Socialist Republic of Vietnam is a member apply with regard to the types of boats;
b) does not comply with the decision of the competent authorities of Vietnam about adopting special precautions, in case there are signs or evidence about the likely cause of the leak or contaminate the environment.
3. the remedial measures: forcing the offending boats, leaving the sea, Islands and continental shelf of Socialist Republic Vietnam for violations in paragraph 2 of this Article.
Article 25. Violation of regulations on the protection of the marine environment by ships caused 1. A fine from 1,000,000 to 5,000,000 đồng VND for acts not oil diary, logging water pump air Chamber, soup a la pour waste according to the regulations.
2. A fine of 5,000,000 VND to 10,000,000 VND for one of the following behaviors: a) do not have enough equipment, disconnection of water oil according to the rules or have the equipment but cannot be used;
b) waste water leak had To and from oil on board into the sea.
3. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) has no plans to respond to oil spill incidents; rescue plan oil pollution, chemical pollution as regulations;
b) no certificate under the regulations on prevention of pollution by oil.
4. A fine of 40,000,000 60,000,000 to copper copper for waste water discharge, behaviour and oil or oil and compounds not in accordance with the regulations.
5. Fine fellow to 100,000,000 đồng 70,000,000 for discharge behavior, waste oil and waste or toxic substances not in accordance with the regulations.
6. Apply remedial measures: enforce the remedies for environmental pollution, environmental degradation for the violation in point b of Paragraph 2; Clause 4 and Clause 5 of this Article.
Article 26. Violation of the regulations on shipping hazardous waste 1. A fine from 10,000,000 VND to 20,000,000 Board for one of the following behaviors: a) does not make the right process-safe means, dedicated equipment in the enclosed registration profile permits hazardous waste management;
b) does not make the plan to control pollution and protect the environment in the enclosed registration profile permits hazardous waste management.
2. A fine of 20,000,000 30,000,000 VND to Board for one of the following behaviors: a) Not set up window, logs to track hazardous waste according to the regulations; do not set the cruise track record moving vehicles by GPS under the provisions;
b) does not make the plan handle pollution and protect the environment when to terminate the operation.
3. A fine of 30,000,000 VND to 50,000,000 Council for one of the following behaviors: a) are not equipped with satellite positioning system (GPS) for transport of hazardous waste according to the regulations;
b) transport of non-hazardous waste according to the route, distance, time as specified by the competent authority;
c) vehicles, specialized equipment for collecting, transporting, packaging, preservation and temporarily store hazardous waste does not meet the technical requirements under the regulations;
d) To each of the other types of hazardous waste have the possibility to react, interact with each other in the course of carriage or during the temporary retention of hazardous waste.
4. A fine of from 50,000,000 to 100,000,000 đồng VND for one of the following behaviors: a) gathering, transporting hazardous wastes outside the area specified in the licence for hazardous waste management;
b) Not done right in the license regulations to manage hazardous waste except in cases stipulated in art. 4, Item 5 and Item 6 of this Article.
5. Fine fellow to 100,000,000 150,000,000 VND for one of the following behaviors: a) the collection, transport of hazardous waste is hazardous waste list specified in the license for hazardous waste management;
b) collection, transport of hazardous waste in excess of the volume specified in the license for hazardous waste management;
c) use transportation as hazardous waste is not registered in circulation, there is no license in hazardous waste management.
6. Fine fellow to 200,000,000 250,000,000 Council for transport behavior of hazardous waste without a permit for hazardous waste management, except hazardous waste arising from the process of living or business establishments, services (production not included) the scale of households, individuals will be managed According to the rules for handling, recovery, handling of expired products used or disposed.
7. With regard to acts of engulfing, dumped waste, hazardous waste is not properly rule on environmental protection, then the sanction as follows: a) a fine of up to 100,000,000 đồng VND 50,000,000 for drowning, waste dump, under 120 kg of hazardous waste containing hazardous ingredients especially surpasses hazardous waste or under 600 kg for hazardous waste containing the other harmful component;
b) fined 100,000,000 200,000,000 copper to copper from for engulfing, waste dump, from 120 kg to under 500 kg of hazardous waste containing hazardous ingredients especially surpasses hazardous waste or from 600 kg to under 2,000 kg for hazardous waste containing other harmful components;
c) fine from copper to copper 300,000,000 200,000,000 for drowning, waste dump, from 500 kg to under 1,000 kg of hazardous waste containing hazardous ingredients especially surpasses hazardous waste or from 2000 kg to under 4,000 kg for hazardous waste containing other harmful components;
d) fine from copper to copper 400,000,000 300,000,000 for drowning, waste dump, from 1,000 kg to under 2,000 kg of hazardous waste containing hazardous ingredients especially surpasses hazardous waste or from 4,000 kg to under 8,000 kg for hazardous waste containing other harmful components;
DD) fine from copper to 400,000,000 500,000,000 contract for drowning, waste dump, from 2000 kg to under 3,000 kg of hazardous waste containing hazardous ingredients especially surpasses hazardous waste or from 8,000 kg to under 12,000 kg for hazardous waste containing other harmful components;
e) fine from copper to Copper 600,000,000 500,000,000 for drowning, waste dump, from 3,000 kg to under 4,000 kg of hazardous waste containing hazardous ingredients especially surpasses hazardous waste or from 12,000 kg to under 16,000 kg for hazardous waste containing other harmful components;
g) fine from copper to copper 700,000,000 600,000,000 for drowning, waste dump, from 4,000 kg to under 5,000 kg of hazardous waste containing hazardous ingredients especially surpasses hazardous waste or from 16,000 kg to under 20,000 kg for hazardous waste containing other harmful components;
h) fine from copper to 800,000,000 700,000,000 contract to get sunk, spilling, waste from 5,000 kg or more of hazardous waste containing hazardous ingredients especially surpasses hazardous waste or from 20,000 kg or more for the hazardous waste containing other harmful components.
8. Fine fellow to fellow 1,000,000,000 900,000,000 for the acts of transfer, sale, not properly regulated; get sink, waste, hazardous waste dump in the category of hard organic pollutants decomposition (POP) under the provisions of the Stockholm Convention on organic pollutants hard to decompose causing environmental pollution or drowning, dumped waste, radioactive waste, radiation contamination of environmental causes.
9. additional sanctions: a) deprived of the right to use the licensed hazardous waste transporter from 6 months to 12 months for violations of the provisions of paragraph 1, 2, 3, 4 and 5 of this Article;

b) suspend active collectors, transport of hazardous waste shipping agent's hazardous waste from 6 months to 12 months for a violation specified in item 1, 2, 3, 4 and 5 of this Article;
c) to suspend the operation of the facility from May 6 to 12 months for the violations stipulated in clause 6, 7 and 8 of this Article;
d) confiscated exhibits, the means used to administrative violations for violations specified in Clause 7 and Clause 8 of this Article.
10. Remedy the consequences: a) Forced to restore the original environment status has been changed due to violations of the rules in clause 7 and Clause 8 of this cause;
b) forced to implement measures to overcome environmental pollution within the time limit by the competent sanctions determined in decision sanctioning administrative violations with regard to the violation of the provisions in this cause.
Article 27. Violation of the provisions on the protection of the marine environment 1. A fine from 10,000,000 20,000,000 to copper copper for means of transport, goods store on the danger of causing environmental incidents that are not reported to the rescue forces, national rescue, marine police force, the Organization, other relevant individuals according to the regulations.
2. A fine of up to 80,000,000 copper copper 50,000,000 for the Organization, individual mining operations, transportation, gasoline, oil, chemicals, radioactive substances and other harmful substances at sea has no plans, manpower, equipment and ensure prevention and environmental incident response.
3. Fine fellow to 80,000,000 150,000,000 VND for one of the following behaviors: a) the extraction of sea resources, resources and other activities related to the extraction, use of sea resources improperly under planning using natural resources has been approved;
b) using the methods, tools, means of destruction in the exploitation of resources and marine resources;
c) discharge, waste emissions and other polluting elements from manufacturing operations, business services, construction, transportation, trucking, mining down to the sea, the Islands and the continental shelf of the Socialist Republic Vietnam which does not meet the technical standards of the environment;
d) To the retention, transport means, the treasure on the sea too time to handle;
DD) Not collecting, storing and disposing hazardous waste according to the regulations for the exploration and exploitation of marine resources, demolishing vehicles on the beach.
4. A fine of 150,000,000 VND to 250,000,000 Council for marine waste dumping behaviour of the means of transport, the active drilling rigs at sea without being processed according to the rules or do not handle achieving technical regulation on waste; solid waste dump from the Mainland into the sea without the written approval of the State administration of environmental protection according to the regulations; pour the waste from dredging activities, the Creek into the sea without the written approval of the State administration of environmental protection according to the regulations.
5. A fine of from 500,000,000 to copper copper 250,000,000 for emptying waste types behavior down to the sea in a natural protected area, the natural heritage, the region has a new natural ecosystems, areas with seasonal or regular breeding of the species of aquatic and sea products.
6. Fines of from 500,000,000 to 1,000,000,000 copper copper for the behavior spilled hazardous waste, waste containing radioactive material down the coast, Islands and continental shelf of Socialist Republic Vietnam.
7. additional sanctions: confiscated exhibits, means of administrative violations for violations specified in point b of paragraph 3, 4, 5 and 6 of this Article.
8. remedial measures: forced to implement measures to overcome environmental pollution within the time limit by the competent sanctions determined in decision sanctioning administrative violations with regard to the violation of the provisions in this cause.
Chapter III JURISDICTION to SANCTION and AUTHORITY to ESTABLISH ADMINISTRATIVE INFRINGEMENT THEREON on the SEAS, the ISLANDS and the CONTINENTAL SHELF of the SOCIALIST REPUBLIC of VIETNAM Article 28. The authority sanction of Coast Guard Vietnam 1. The marine police are police on duty have the right: a) caution;
b) a fine of up to 1,500,000.
2. Chief of marine police profession Nest has the right: a) caution;
b) fines up to 5,000,000 đồng.
3. The captain of the coast guard services, marine police station chief Station has the right to: a) caution;
b) a fine of up to 10,000,000;
c) apply remedial measures prescribed in points a, c and paragraph 1 Article 28 of Law handling administrative violations.
4. The Division Head of Coast Guard squadron has the right: a) caution;
b) fines up to 25,000,000;
c) confiscated exhibits, means of administrative violations are worth no more than 25,000,000;
d) apply remedial measures prescribed in points a, c, d, e of 28 Articles paragraph 1 of law handling administrative violations and in paragraph 2, Item 4 Article 4 of this Decree.
5. Chief Squadron Squadron police marine reserves: a) caution;
b) a fine of up to 50,000,000;
c) confiscated exhibits, means of administrative violations have value not exceeding 50,000,000;
d) apply remedial measures prescribed in points a, c, d, e of 28 Articles paragraph 1 of law handling administrative violations and in paragraph 2, 4 and 5 article 4 of this Decree.
6. the Commander of the Marine Police Region has the right to: a) caution;
b) fines up to 100,000,000;
c) confiscated exhibits, means of administrative violations worth does not exceed 100,000,000;
d) apply remedial measures prescribed in points a, c, d, e of 28 Articles paragraph 1 of law handling administrative violations and in item 2, 3, 4 and 5 article 4 of this Decree.
7. Coast Guard Commander has the right to: a) caution;
b) a fine of up to 1,000,000,000;
c) Deprived the right to use the license, certificate of practice has a time limit or suspend the activity has a time limit;
d) confiscated exhibits, means of administrative violations;
DD) apply remedial measures specified in point a, b, c, d, e paragraph 1 Article 28 of law handling administrative violations and item 2, 3, 4 and 5 article 4 of this Decree.
Article 29. The authority sanction of the border guard border guard has the right to sanction for violations specified in section 1 of chapter II of this Decree are directly related to the area, its management as follows: 1. the Chief frontier Outpost, the Chief border Squadron Squadron , Chief of the U.S. border area, the Commander of the border guards the gate of the port has the right: a) caution;
b) fines up to 25,000,000;
c) confiscated exhibits, means of administrative violations are worth no more than 25,000,000;
d) apply remedial measures prescribed in points a, c, e clause 1 Article 28 of Law handling administrative violations and item 2, paragraph 4 Article 4 of this Decree.
2. the Commander of the provincial border guard, Commander of the squadron directly border the Commander of border guard has the right to: a) caution;
b) a fine of up to 1,000,000,000;
c) Deprived the right to use the license, certificate of practice has a time limit or suspend the activity has a time limit;
d) confiscated exhibits, means of administrative violations;
DD) apply remedial measures specified in point a, c, e, i, paragraph 1 Article 28 of law handling administrative violations and item 2, 3, 4, 5 article 4 of this Decree.
Article 30. The authority sanction of Customs-Customs authorized sanctions for violations of the provisions of paragraph 4 Article 5 and paragraph 1 article 15 of this Decree, discovered in the operation and management of customs fields as follows: 1. The captain of the genus customs Bureau , Captain of the genus following Customs inspection Bureau has the right to: a) caution;
b) fines up to 5,000,000 đồng.
2. Bureau Chief Bureau of customs, Bureau Chief of Bureau checked after customs clearance, Captain of the Customs Bureau in control, link the province, central cities, the captain control against smuggling, the captain of the customs, the naval captain sea control Squadron and captain of the protection of intellectual property rights in the anti-smuggling Bureau of investigation General Department of Customs has the right to: a) caution;
b) fines up to 25,000,000;
c) confiscated exhibits, means of administrative violations are worth no more than 25,000,000;
d) apply remedial measures prescribed in points d, e, g, i, paragraph 1 Article 28 of Law handling administrative violations.
3. the Director of the investigation against smuggling, Director the following Customs Inspection Department of the General Directorate of customs, Director of the Customs Bureau, the province, central cities have the right to: a) caution;
b) a fine of up to 50,000,000;
c) Deprived the right to use the license, certificate of practice has a time limit or suspend the activity has a time limit;
d) confiscated exhibits, means of administrative violations have value not exceeding 50,000,000;
DD) apply remedial measures prescribed in points d, e, g, i, paragraph 1 Article 28 of Law handling administrative violations.
4. the General Director of the Bureau of Customs has the right to: a) caution;
b) a fine of up to 1,000,000,000;
c) confiscated exhibits, means of administrative violations;
d) apply remedial measures prescribed in points d, e, g, i, paragraph 1 Article 28 of Law handling administrative violations.
Article 31. The authority sanction of marine surveyor, Maritime Ports and the Maritime Bureau Chief Inspector of Maritime Ports, maritime service and the Director of marine has the right to sanction for violations specified in articles 16, 17, 18, 19, 20, 21, 22, 23 and 25 of this Decree are directly related to the area his management, as follows: 1. the inspectors in the Ministry of transportation inspection, inspection of seafarers, who assigned the task Inspector seafarers are on duty have the right: a) caution;
b) a fine of up to 500,000;
c) confiscated exhibits, means of administrative violations are worth no more than 500,000;
d) apply remedial measures prescribed in points a, c, e clause 1 Article 28 of Law handling administrative violations.

2. The Chief Inspector of the Vietnam Maritime Bureau, head of the delegation inspected the Maritime Bureau specialized in Vietnam have the right: a) caution;
b) a fine of up to 50,000,000;
c) Deprived the right to use the license, certificate of practice has a time limit or suspend the activity has a time limit;
d) confiscated exhibits, means of administrative violations have value not exceeding 50,000,000;
DD) apply remedial measures prescribed in clause 1 (except the point k) Article 28 of Law handling administrative violations and Clause 5 article 4 of this Decree.
3. specialized inspections Division Chief Ministry of transportation has the right: a) caution;
b) fines to 70,000,000;
c) Deprived the right to use the license, certificate of practice has a time limit or suspend the activity has a time limit;
d) confiscated exhibits, means of administrative violations are worth no more than 70,000,000;
DD) apply remedial measures prescribed in clause 1 (except the point k) Article 28 of Law handling administrative violations and Clause 5 article 4 of this Decree.
4. The Chief Inspector of the Ministry of transportation has the right: a) caution;
b) fines up to 100,000,000;
c) Deprived the right to use the license, certificate of practice has a time limit or suspend the activity has a time limit;
d) confiscated exhibits, means of administrative violations;
DD) apply remedial measures prescribed in points a, b, c, d, e, f, g, h and i of paragraph 1 Article 28 of law handling administrative violations and Clause 5 article 4 of this Decree.
5. Maritime Ports representative has the right to: a) caution;
b) a fine of up to 10,000,000;
c) confiscated exhibits, means of administrative violations are worth not to exceed 10,000,000.
6. The Director of Maritime Ports, the head of the inspection group specialized in maritime Ports has the right: a) caution;
b) fines up to 25,000,000;
c) Deprived the right to use the license, certificate of practice has a time limit or suspend the activity has a time limit;
d) confiscated exhibits, means of administrative violations are worth no more than 25,000,000;
DD) apply remedial measures prescribed in points a, b, c, e and i of paragraph 1 Article 28 of Law handling administrative violations and Clause 5 article 4 of this Decree.
7. Vietnam Maritime Bureau Chief has the right to: a) caution;
b) fines up to 100,000,000;
c) Deprived the right to use the license, certificate of practice has a time limit or suspend the activity has a time limit;
d) confiscated exhibits, means of administrative violations;
DD) apply remedial measures prescribed in points a, b, c, d, e, f, g, h and i of paragraph 1 Article 28 of law handling administrative violations and Clause 5 article 4 of this Decree.
Article 32. The authority sanctioning administrative violations of Test fisheries Test fisheries Bureau Chief Bureau Department, Director of Department of fisheries Inspection has the right to sanction for violations directly related to the area, its management is regulated in article 10, article 11 and article 12 paragraph 1 of this Decree are as follows : 1. Bureau Chief Bureau check out Fisheries Department have the right to: a) caution;
b) a fine of up to 50,000,000;
c) Deprived the right to use the license to exploit fisheries and aquaculture practice have time limit or suspend the operation of fisheries has a time limit;
d) confiscated exhibits, means of administrative violations have value not exceeding 50,000,000;
DD) apply remedial measures prescribed in points a, b, c, d, e, f, g, h and i of paragraph 1 Article 28 of law handling administrative violations and item 2 article 4 of this Decree.
2. Check fishery Bureau Chief has the right to: a) caution;
b) fined 250,000,000;
c) Deprived the right to use the license to exploit fisheries and aquaculture practice have time limit or suspend the operation of fisheries has a time limit;
d) confiscated exhibits, means of administrative violations are worth no more than 250,000,000;
DD) apply remedial measures prescribed in points a, b, c, d, e, f, g, h and i of paragraph 1 Article 28 of law handling administrative violations and item 2 article 4 of this Decree.
Article 33. The authority established the minutes of administrative violations 1. When on duty, who has the authority to sanction administrative violations specified in articles 28, 29, 30, 31 and 32 of this Decree shall be competent to establish the minutes of administrative violations.
2. Police observers at sea, maritime Port officials are on duty, discovered administrative violations have the right to establish the minutes of administrative violations and moved immediately to the authority sanctioning administrative violations.
Chapter IV the TERMS OF IMPLEMENTATION of Article 34. Effective enforcement of this Decree has effect from January 1, 2014 and replaces Decree No. 137/2004/ND-CP dated 16 June 2004 of the Government regulation on sanctioning administrative violations on the waters and continental shelf of Socialist Republic Vietnam.
Article 35. Transitional provisions 1. For administrative violations on the seas, the Islands and the continental shelf of the country the Socialist Republic of Vietnam happened before the time of the decree to this effect that was discovered, or are considering, solve, if the provisions on sanctioning administrative violations in this Decree are beneficial for individuals Organization, administrative violations, shall apply the provisions of this Decree to handle.
2. for the decision sanctioning administrative violations have been released or have been finished before the enforcement of law handling of administrative violations, the Decree has effect, in which the individual, the organization sanctioned administrative offense left the complaint shall apply the provisions of the Ordinance on handling administrative violations , Decree No. 137/2004/ND-CP dated 16 June 2004 of the Government regulation on sanctioning administrative violations on the waters and continental shelf of Socialist Republic Vietnam to resolve.
Article 36. Responsibility 1. The Minister of national defence Guide and check the enforcement of the Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee; central cities is responsible for the implementation of this Decree.