Pursuant to the law on organization of the Government of 25 December 2001;

The Vietnam maritime law base on June 14, 2005;

Basing the Ordinance on administrative violations processing July 2, 2002, the revised Ordinance, supplementing a number of articles of the Ordinance on handling administrative violations on 02 Apr 2008;

Considering the recommendation of the Minister of transport, the DECREE: chapter I GENERAL PROVISIONS article 1. Scope this Regulation Decree on administrative violations, fines, sanctions, remedies for administrative violations, the authorities and the procedures sanctioning administrative violations in the field of navigation.

Article 2. Application object 1. Any individual, organization of administrative violations in the field of marine affairs are dealt with under the provisions of this Decree and other relevant provisions of the law on the handling of administrative violations.

Individuals, organizations have the administrative violations in the maritime sector in Vietnam is also dealt with under the provisions of this Decree; in the case of international treaties to which the Socialist Republic of Vietnam is a member have other regulations shall apply the provisions of international treaties.

2. The sanctioning administrative violations against minors have administrative violations in the field of navigation was made according to the provisions of paragraph 1 and paragraph 3, article 7 Ordinance handling administrative violations on 02 July 2002 Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations on 02 April 2008 (here called the Ordinance).

Article 3. Administrative violations in the field of maritime 1. Administrative violations in the field of maritime is the violation of the provisions of the law of personal navigation, the Organization made a way intentionally or unintentionally without prejudice to criminal liability and the provisions of the law are sanctioned administrative offense.

2. administrative violations set forth in this Decree are: a) in construction and mining activities in the port;

b) breach in the ship's maritime operations at the port;

c) in violation of the registration operations, the registry layout boats and boatmen, using professional certificates, passport, boat crews book;

d) violation of maritime navigational activities;

DD) in maritime transport operations and maritime services;

e) breach in the search operation, rescue at sea;

g) breach in the salvage operation of assets sank in ports;

h) breach in security activities in maritime ports.

3. The violations specified in points b, c, d, e, f, g and h, paragraph 2 this happens outside of the seaport will be sanctioned under the provisions of this Decree and other relevant provisions of the law.

4. The administrative violations in the maritime sector are not regulated in this Decree shall be applied according to the relevant provisions of the law.

Article 4. The principle of sanctioning administrative violations in the field of maritime 1. The principle of sanctioning administrative violations in the field of maritime is applied according to the provisions of article 3 of the Ordinance.

2. The sanctioning administrative violations in the field of navigation by people with the authority to enforce the provisions in Articles 29 and 30 of this Decree.

3. Not sanctioning administrative violations for violations that occurred in the case in a situation of legitimate defence, urgent, unexpected events and other unforeseen circumstances to secure human life, ensuring safety and security for ships, cargo and transportation or administrative violations in the mental disease or illness others lost the ability or the ability to control his behavior.

Article 5. Extenuating circumstances, heavy 1. Extenuating circumstances in the maritime sector are applied according to the provisions of article 8 of the Ordinance.

2. Aggravation in the maritime field are apply in accordance with article 9 of the Ordinance.

Article 6. Time and duration of sanctions be considered not yet sanctioned administrative violations in the field of maritime 1. Time sanctioning administrative violations in the field of maritime is one year from the date of the administrative violations are made.

For administrative violations of building ports and maritime works; the environment; the exit and entry of ships, crews and passengers, time sanctions are two years from the date of the administrative violations are made. If the time limit stated above, violations of the sanctioned administrative offense but still apply remedial measures specified in paragraph 4, article 7 of this Decree.

2. for violations of the individual when there are signs of violation behavior in the maritime sector will be dealt with according to the provisions of this decree if the individual violates has been prosecuted, indicted or had decided to bring the case to trial under criminal proceedings but then decided to suspend the investigation or to suspend the case; within three days from the date of the decision to suspend the investigation, to suspend the case, who decide to send the decision to the person who has the authority to sanction; in this case, time sanctioning administrative violations is three months from the date the competent sanctions get decided to suspend and resume the case.

3. Do not apply time limits prescribed in clause 1 and clause 2 of this Thing if within the time limit specified in the provision that individuals, held back the implementation of the new violations of the same field had previously violated or willfully evading, obstructing the sanction; time sanctioning administrative violations were counted back from the time of implementation of new administrative violations or end point behaviour to evade, obstruct the sanction.

4. Individuals, the Organization has sanctioned administrative offense in the maritime sector is regarded as not yet sanctioned administrative violations in the field of maritime if over one year from the date of decision done executive sanction or from most time limits enforced sanctions decision without re-offending.

Article 7. The sanctions administrative violations and remedial measures in the maritime sector 1. Personally, the Organization has administrative violations in the field of maritime incur one of the following major fines for each violation: a) caution;

b) fine.

2. When applying the form of a fine, level specific fines for administrative violations is the average of the frame of the fines prescribed for offences. The event of extenuating circumstances, the fines can be reduced but not to be reduced to below the minimum level of fine frame. There are aggravating circumstances, the penalty may be increased but not exceed the maximum level of fine frame.

3. Individuals, there are institutions of administrative violations, depending on the nature and extent of the violation also apply additional sanctions: a) deprived of the right to use the license, certification or have no time limit;

b) confiscated exhibits, the means used to administrative violations.

4. In addition to the sanctions set forth in paragraph 1 and Paragraph 3 of this article; personally, the Organization has administrative violations in the field of maritime have to perform one or more of the following remedial measures: a) Forced to restore original state has been changed due to administrative violations caused or forced dismantling unauthorised building works;

b) enforce the remedy of environmental pollution, the spread of disease due to administrative violations cause;

c) Forcibly taken out of the territory of Vietnam or forcing the re-export of goods, articles, media;

d) forced the destruction of animal products harmful to human health, livestock and crops, toxic food culture;

DD) remedial measures are stipulated in chapter II of this Decree.

Chapter II the FORM and EXTENT of SANCTIONING ADMINISTRATIVE VIOLATIONS in the FIELD of MARITIME ITEMS 1 VIOLATION of REGULATIONS on the CONSTRUCTION and EXPLOITATION of the PORT article 8. Violation of regulations on safety, security, order of operations ports 1. A fine from 200,000 to 1,000,000 VND VND for each behavior on, leaving port or land up Sesame boats are not allowed or does not comply with the instructions of the competent person or agency.

2. A fine of from 1,000,000 to 5,000,000 đồng VND for each of the following violations: a) the use of workers there, professional certificates, license as prescribed;

b) infringe regulations on daytime signal and signal lamps, night lights for the limited wharf for ship hits bridge safety assurance;

c) To the object on the harbour bridge or constitute the space above the Jetty interfere with work, leaving the wharf of ship's safety or interfere with other activities at the port;

d) Not timely reporting to the maritime Port of the incidents, accidents are related to safety, security and environmental pollution at the port;

DD) Not arranged the tying off the cord for ships under the provisions;

e) did not announce plans to maneuver ships into Port to port, left the naval service as a rule.

3. A fine of 5,000,000 VND to 10,000,000 VND for each of the following violations: a) For boats in the port or anchorage in the port waters without permission of Maritime Ports;

b) arbitrarily loading, unloading when the unfinished vessels into port procedures according to regulations;

c) buffer system against Vanuatu, forcing ship flange of the Jetty is not enough or no guaranteed safe for anchoring boats;

d) no certificate of port security or no security plan, the port according to the regulations.

DD) no sea port security officer under the provisions;

e) arranged for boats on the Harbour Bridge, left no time guaranteed or not guaranteed safe distance as prescribed.

4. A fine of 30,000,000 VND to 60,000,000 Council for each of the following violations: a) exploit the incorrect port with the port's functionality has been announced;

b) For boats to counter the Jetty when the Harbour Bridge has not been allowed to put into use according to the regulations.


5. Apply remedial measures: a) temporarily does not allow reception of ships in Harbor International operations for violation of the provisions of points d, e and e, paragraph 3 of this article;

b) not for the boats moored at the port continued for the violations set forth in paragraph 4 of this Article;

c) forced additional papers, equipment, appropriate force as prescribed for the offences specified in paragraphs 1, 2 and 3 of this article.

Article 9. Violating the regulations on registration, code, unloading, storage of goods 1. A fine from 1,000,000 to 2,000,000 VND VND for each of the following violations: a) marking symbol, the commodity code is not prescribed;

b) unloading and warehousing of the goods not prescribed;

c) loading of goods on the Jetty too load allows.

2. A fine of 5,000,000 3,000,000 Dong to Dong for each violation of the provisions in paragraph 1 of this article with respect to dangerous goods.

3. Apply remedial measures: forced to sign additional code, and unloading, the storage of the goods prescribed for the violation of the provisions of paragraph 1 and Paragraph 2 of this Article.

Article 10. Violating regulations on fire prevention, blast at port 1. A fine from 1,000,000 to 2,000,000 VND VND for each of the following violations: a) no Board rules, signage or instructions required warning in areas where flammable or explosive;

b) using the specialized fire equipment on other purposes.

2. A fine of 2,000,000 to 5,000,000 đồng VND from each of the following violations: a) The equipment the firefighters inappropriate or not in the ready status of prescribed activities;

b) is not the right place or not defined the layout of the equipment, fire, explosive suitable to the type of goods being transported, unloaded.

3. A fine from 5,000,000 to 20,000,000 Council Council for each of the following violations: a) didn't have enough fire prevention systems, explosive as prescribed;

b) Not timely reporting for State management agencies are concerned about the incidents, accidents, fire and explosion;

c) using workers not fully equipped or not protection trained on prevention of fire and explosion, according to the regulations;

d) administrative violations on prevention of fire and explosion are applied according to the provisions of the law on the prevention of fires.

4. Apply remedial measures: forced to supplement the equipment, signage, layout, consistent means of force as prescribed for the offences specified in paragraphs 1, 2 and 3 of this article.

Article 11. Violation of regulations on maritime safety and the prevention of pollution of the environment when building new or renovating, upgrading ports or when construction, installation works, other equipment affecting the safety of navigation in port waters 1. A fine from 5,000,000 VND to 10,000,000 VND for each of the following violations: a) lifesaving equipment does not fit under the rules;

b) does not inform the maritime Port knew about the construction of other buildings in the port waters;

c) full installation No signal or signal the stray areas are construction;

d) Ship construction, construction service vessels berthed outside the restrictions hinder maritime traffic on port flow;

Pouring construction materials) without toxic substances down the waters of the port;

e) close the post, bottom or means of catching, aquaculture, resource extraction in the waters of the port, the maritime flow when not yet approved by the maritime Port or not the correct location or time have been approved.

2. A fine from 10,000,000 20,000,000 to copper copper for the following violations: a) execution when no license or the approval of the competent authority;

b) execute the wrong location is allowed;

c) execution time prescribed burn in the construction permit;

d) use vehicles, specialized equipment to survey, dredging, maritime signal drop and conducting other activities in the port waters without the approval of the Maritime Ports;

DD) do not clean the waste, the obstacles to construction after the work was complete.

3. A fine of 30,000,000 VND to 60,000,000 Council for each of the following violations: a) execution permission of the competent authority and to the accident;

b) execute the wrong location is allowed and to the accident;

c) construction to pollute the environment.

4. Apply additional sanctions: confiscated exhibits used to make administrative violations specified in point e, paragraph 1 and d, item 2 of this Article.

5. Apply remedial measures: a) additional licenses Required or accepted by the competent authority in accordance with the violations specified in point e, paragraph 1, point a and point d, paragraph 2 of this Article;

b) Forced to restore original state has been changed due to the violations specified in point b of Paragraph 2 and point b, paragraph 3 of this article;

c) forced the tidy, the discharges for administrative violations specified in point e this item 2;

d) enforce the remedy environmental pollution under the provisions of the law because the violations specified in point c, paragraph 3 of this article.

Article 12. Violation of regulations on the protection of the environment caused by mining activities in the port 1. A fine from 1,000,000 to 5,000,000 đồng VND for acts to or pour dirty water to flow out as unsanitary Jetty, sea port waters.

2. A fine of 5,000,000 VND to 10,000,000 VND for each of the following violations: a) on the other waste, litter down the harbour bridge or the waters of the port;

b) flushing has dirt down to the wharf or port waters;

c) has no plans to rescue oil-spill incidents according to the regulations for the petroleum port.

3. A fine of 30,000,000 VND to 50,000,000 copper for water or waste discharge behavior and oil down the wharf or port waters.

4. A fine of from 50,000,000 to 100,000,000 đồng VND for flushing behavior or waste and toxic chemicals down to the wharf or port waters.

5. Apply remedial measures: a) forced the rescue plan supplements the oil spill incident for violations specified in point c, paragraph 2 of this Article;

b) enforce the remedy environmental pollution under the provisions of the law due to violations of the provisions of paragraphs 2, 3 and 4 of this cause.

Section 2 VIOLATION of the MARITIME ACTIVITIES of the BOATS in the PORT article 13. Violation of rules of procedure to the port or in transit 1. A fine from 5,000,000 VND to 10,000,000 VND for each of the following violations: a) boats to the port or in transit do not perform message, identify the prescribed notice;

b) boats to the location of the pickup, charged the Navigator to enter the port or a slower transit time was accurately reported;

c) boats to the port not made declarations of ship security for Maritime Ports as specified.

2. for vessels to conduct bridge, Harbor or in transit without the prescribed procedure will be sanctioned as follows: a) a fine of 5,000,000 10,000,000 for copper to copper vessels of capacity under 500 GT;

b) fine from 10,000,000 20,000,000 for copper to copper vessels of from 500 to 3,000 GT GT;

c) fine from copper to 20,000,000 30,000,000 VND for vessels of from 3,000 GT or over.

3. Apply remedial measures: Forcing the completion of the procedures prescribed for violations of regulations at the point a and point c, paragraph 1 and Paragraph 2 of this Article.

Article 14. Violation of rules of procedure on, leaving the port or in transit 1. A fine from 200,000 to 500,000 Dong Dong for acts declared insufficient or wrong information in one message, identify the quote to ship to, left port or a general declaration.

2. A fine of 2,000,000 to 5,000,000 đồng VND from for behavioral procedures for ships entering the port, or left, slower transit time.

3. A fine of 5,000,000 VND to 10,000,000 VND for each of the following violations: a) lack of one of the papers when filling in, departing or transiting as prescribed;

b) does not offer or provide incomplete paperwork about the dangerous goods are transported on the ship.

4. A fine from 10,000,000 VND to 30,000,000 VND for the behavior for the crew, the passengers or the person no duty on board before the ship done immigration or left the ship after the exit procedures are done according to the regulations.

5. for unlicensed behavior left the port finally prescribed or deliberately left the port when the authorisation of the competent authority 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.

6. additional sanctions: deprived of the right to use a certificate of professional capacity of Captain until six months or no time limit if there are violations of the provisions of Paragraph 5 of this Article.

7. Apply remedial measures: additional papers and forced to complete the prescribed procedures for violations of the provisions of paragraphs 1, 2, 3, 4 and 5 of this Article.

Article 15. Breach of rules on safety, security, hygiene, order for the activities related to boats 1. A fine from 200,000 to 1,000,000 copper Board for each of the following violations: a) pull the Horn or use megaphones to information for cases not the emergency or urgent alarm according to regulations;

b) foreign flag vessels, flag ceremony mourning without prior notice for Maritime Ports;

c) flag not properly regulated.

2. A fine of from 1,000,000 to 2,000,000 VND VND for the behavior doesn't hang or hanging flag of Vietnam are not properly regulated.


3. A fine of from 1,000,000 to 5,000,000 đồng VND for each of the following violations: a) to discharge you chimney when boats are moored in the port waters;

b) chipping, painting boats permission of Maritime Ports;

c) To the equipment, boats or property of boatmen on the jetty?;

d) conducting repairs, testing, try whistles when the Maritime Ports;

DD) swimming or losing public order in port;

e) not VHF channel or use the wrong VHF channel specified;

g) conducting hun mouse, corporal?;

h) no tools for certain mouse or use the tool sure mouse is not properly regulated;

I) use canoes, float friends unauthorized vessels of Maritime Ports;

k) does not perform direct mode ca according to regulations;

l) No layout or layout of ship security officer did not properly regulated;

m) no maritime equipment on the cockpit according to regulations;

n) announced or released incorrect security alarms with the status of ship's actual security.

4. A fine of 5,000,000 VND to 10,000,000 VND for each of the following violations: a) maneuver ships into the port, or left, leaving the wharf that the captain was not present in the cockpit;

b) does not comply with the regulations when the cruise ships, avoid, pass each other on the maritime streams;

c) conducted the operation, diving or other work underwater in the port waters without permission of the port service or conduct work that does not have the prescribed warning signals;

d) holds sports competitions or the activity concentration of the media in the port waters when the Maritime Ports;

DD) use the sports boats, tourism activities in the waters of the port when the Port maritime;

e) not to use or inappropriate use of the signal as specified;

g) does not inform the maritime Port of the incident, maritime accidents due to his ship or violate other rules on reporting and investigating maritime accidents;

h) boats not specify name, number of IMO, the port of registration as specified;

I) lifesaving equipment of ships are not properly regulated.

5. With regard to acts of active boats is not correct the region be allowed to operate 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 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.

6. A fine of 30,000,000 VND VND acts with 60,000,000 to flee after cause maritime accidents.

7. Apply remedial measures: a) Forced to move obstacles due to violation of the provisions in point c, paragraph 3 of this article;

b) Forced to restore original state has been changed due to the violations prescribed in point h, paragraph 4 of this Article;

c) forced the additional paperwork, and implement the provisions of the law for the acts specified in paragraphs 1, 2, 3 and 4 of this Article.

Article 16. Violating regulations on fire prevention, blast for boats 1. A fine from 200,000 to 1,000,000 VND VND for the behavior of smoking in non-smoking place or for the acts unintentionally may cause fire, explosion on board the boat.

2. A fine of from 1,000,000 to 5,000,000 đồng VND 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;

d) Not done properly the process of preservation, maintenance of fire prevention equipment;

on board the crewing) not use the equipment, fire, explosion.

3. 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) conducted the work have emitted sparks in every tunnel, on the deck, cameras for permission of Maritime Ports;

DD) using specialized media fire on other purposes;

e) fire equipment does not fit or is not in a State ready for action as specified.

4. A fine from 10,000,000 VND to 30,000,000 VND for acts done to delay or not to make the order of Maritime Ports on the participating firefighters in the Harbour Bridge, the port waters.

5. Apply remedial measures: forced installation of additional signs, plan, site map, equipment prescribed for violations of specified at points a, b and c, paragraph 2, points a, b and c, paragraph 3 of this article.

Article 17. Violating the regulations on prevention of environment pollution by ships caused 1. A fine from 1,000,000 to 5,000,000 đồng VND for each of the following violations: a) does not log the water pump air Chamber or soup diary dollar oil, garbage, waste according to the regulations;

b) Throw, trash or other objects from the ship down to the wharf or port waters.

2. A fine of 5,000,000 VND to 10,000,000 VND for the behavior not the layout or layouts are not eligible to receive the fuel on board.

3. A fine from 10,000,000 20,000,000 copper to copper for each of the following violations: a) pump, discharge of ballast water or garbage ship types, countries with dirt from the ship down to the wharf or port waters;

b) conducted fuel transfer pump between the boats and other vehicles when the Maritime Ports;

c) do not have enough equipment and dissociation of water oil according to the rules or have the equipment but cannot be used;

d) To waste water leak had occurred and the oil from the ship down to the wharf or port waters;

DD) has no plans to respond to oil spill incidents according to the regulations.

4. A fine of 30,000,000 VND to 50,000,000 Council for violations of regulations on the pump, discharge or waste and oil from the ship down to the wharf or port waters.

5. Fine fellow to 100,000,000 đồng 60,000,000 for violations of regulations on the pump, discharge or waste and toxic chemicals from on Board down the wharf or port waters.

6. Apply remedial measures: a) additional documents Required, equipment, manpower as prescribed for violations of the provisions of paragraph 1, point a, paragraph 2, point b, and c, paragraph 3 of this article;

b) enforce the remedy environmental pollution as regulations for violations specified in point b of paragraph 1 and paragraphs 3, 4 and 5 of this Paragraph.

Article 18. Violation of safety regulations on the life boats 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 at the positions required or specified table has been damaged;

b) no sign of manipulation of the fire equipment, lifesaving, rescue vessel perforation or the index has been damaged;

c) do not have votes to personal responsibility when the alarm in the specified place on the ship or the votes of individual responsibility is not consistent with the ship's boats;

d) crews do not use proficient fire equipment, lifesaving, rescue the perforation of the vessel.

2. A fine of 5,000,000 VND to 10,000,000 VND for each of the following violations: a) the stairs no insurance or grid beam lamps prescribed;

b) use of the equipment, the rescue of the ship's number is not correctly specified.

3. A fine from 10,000,000 20,000,000 for copper to copper behavior does not allow certain minimum safety margins or exceeds the allowing of lifesaving equipment on Board according to the rules.

4. A fine from 10,000,000 20,000,000 to copper copper for freight conduct crossed below the 5% compared with the payload.

5. Fine fellow to 20,000,000 40,000,000 Council for freight conduct pass from 5% to under 10% in comparison with the payload.

6. Fine fellow to 40,000,000 80,000,000 contract for freight conduct pass 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 under 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 the boats had a total capacity 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 volume of over 3,000 GT 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 the certificate of professional ability of the captain to three months for violations specified in paragraphs 5 and 6; Points b and c, paragraph 7; Points b and c, paragraph 8, and point b and c, paragraph 9 of this Article.

11. Apply remedial measures: a) are forced to supplement the equipment, paperwork, arranging the force, means prescribed for the offences specified in paragraphs 1, 2 and 3 of this article.

b) Forced to leave the boat people or unloaded off ships cargo haulage number prescribed for the offences specified in paragraphs 4, 5, 6, 7, 8 and 9 of this Article.

Article 19. Violation of regulations regarding anchoring, counter, counter, a hybrid of boats in the port waters 1. A fine from 5,000,000 VND 2,000,000 VND to for each of the following violations: a) moored, counter, counter, moving location or conduct similar activities in the waters of the port when the Port maritime;

b) Not arranged enough fixtures, signal, signaling as specified when the ship docked, shop, counter, counter, move the location;

c) no buffer against the va under the provisions;

d) timely notice Not for Maritime Ports on the skewed, damaged by the maritime signal is detected when operating in the waters of the port and the area's Maritime Ports management.

2. A fine of 5,000,000 VND to 10,000,000 VND for each of the following violations: a) No executor or made a wrong maneuver command of Maritime Ports;

b) forced the boats to the maritime signalling or other structures used to tie the vessel as specified;

3. A fine from 10,000,000 20,000,000 for copper to copper acts do not use tugboat in the harbor waters support pimp as defined.

4. for ship behavior in Anchorage, to do items, pickup charged passengers or perform other maritime services at the location have yet to be allowed by the competent authority 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 the copper to copper 60,000,000 40,000,000 for vessels of from 3,000 GT or over.

5. additional sanctions: deprived of the right to use the certificate of professional ability of the captain to three months for violations specified in point a, paragraph 2, paragraph 3 and paragraph 4 of this Article.

6. Apply remedial measures: a) are forced to supplement the equipment, papers, deployment, suitable means as defined for the violations set forth in paragraph 1 and Paragraph 3 of this article;

b) forced the boats to leave the position with regard to the violations specified in point b of Paragraph 2 and paragraph 4 of this Article.

Section 3 VIOLATION of REGULATIONS REGARDING registration, REGISTER BOATS and BOATMEN LAYOUT, USE CERTIFICATES, the BOATMEN, BOATMEN PASSPORT article 20. Violation of the regulations on registration, register boats 1. A fine from 1,000,000 to 5,000,000 đồng VND for each of the following violations: a) register boats not on time as prescribed;

b) Lack one of the document types of boats or one of the types of documents that end use value.

2. A fine of 5,000,000 VND to 10,000,000 VND for each of the following violations: a) exploit the boats when not yet issued a certificate of registration of the ship;

b) does not make registration changes to vessel owners as specified when boats were bought, sold, transfer of ownership.

3. A fine fellow to fellow 30,000,000 20,000,000 words for each of the following violations: a) to buy, sell, rent, lease, borrow, borrow one of the ship's certificate;

b) using one of the other ship's certificate; the certificates were erased, corrected wrong content; fake certificates;

c) deliberately false declaration order information or use the repair paperwork, forged in the certification of vessels.

4. A fine of up to 80,000,000 copper copper 50,000,000 for behaviour do not have 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 as prescribed.

5. additional sanctions: deprived of the right to use without time limit for the certificate specified in point b of Paragraph 3 of this article.

6. Apply remedial measures: forced to supplement the prescribed documents for violations specified in paragraphs 1, 2, 3 and 4 of this Article.

Article 21. Layout statements violation crews, and use professional certificates, notes, boat crews Passport 1. A fine from 5,000,000 VND to 10,000,000 VND for each of the following violations: a) arranged the boat to work on the boats do not have enough professional certificates or layout boat titles are not consistent with the professional certificate of the boat;

b) tasked for crews working on ships are not consistent with the title in the window when not permitted by the competent authority.

2. A fine from 10,000,000 20,000,000 copper to copper for each behavior buy, sell, rent, lease, borrow, lend the professional certificates, passport, boat crews book.

3. Fine fellow to 20,000,000 same 50,000,000 for each of the following violations: a) using professional certificates, notes, boat crews Passport forgery or has been corrected, erased falsify the content;

b) deliberately false declaration or information using the repair, fake papers in the professional certification, boat, boat passport book.

4. additional sanctions: a) deprived of the right to use without time limits for professional crews, book, passport to the crews in violation prescribed in point a, paragraph 3 of this article;

b) deprived of the right to use the certification until a year for violations of the provisions in paragraph 2 of this Article.

5. Apply remedial measures: forced boat supplement tablets prescribed for the offences specified in the paragraph 1, paragraph 2 and point a, paragraph 3 of this article.

ITEM 4 in VIOLATION of REGULATIONS on MARITIME NAVIGATION Article 22. Violation of regulations on the use of maritime navigation of vessels 1. A fine from 500,000 to 1,000,000 copper brass ship behavior for not applying for the G flag marine navigation or not H flag when marine navigators on ships.

2. A fine of 2,000,000 to 10,000,000 Council Council for each of the following violations: a) Not reported or reported incorrectly for marine Navigator knows about the characteristics and features of things boats;

b) no ladders or ladder Navigator the Navigator was positioned in inappropriate places or no measures to assure the other up, left the ship.

3. for ship control behavior on, left port without using the prescribed maritime navigation will be sanctioned as follows: a) a fine of 10,000,000 20,000,000 for copper to copper vessels of capacity under 1,000 GT;

b) fine from copper to 20,000,000 30,000,000 VND for vessels of from 1,000 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. Apply remedial measures: forced to supplement the maritime navigation, signs, equipment, information prescribed for violations specified in paragraphs 1, 2 and 3 of this article.

Article 23. Violating the rules of movement and in maritime navigational layout of the Organization the United goal 1. A fine from 5,000,000 VND 2,000,000 VND to for each of the following violations: a) Submitted plans to the Navigator leads daily trains slower than the stipulated time or is not notified of the sudden change in plans for the ship lead Navigator Maritime Ports;

b) incorrect navigation layout with the plan without notice for maritime Port said.

2. A fine of 5,000,000 VND to 10,000,000 VND for each of the following violations: a) the maritime navigational layout leads the train does not match the certificate of competence in maritime navigation or certificate the operations of maritime navigation;

b) does not provide adequate, timely services Navigator leads the train in the region required or marine Navigator on the lead ship was delivered without good reason.

3. Apply remedial measures: forced to supplement the plan layout, the layout properly in maritime navigation have appropriate certificates and must provide adequate, timely services Navigator leads the ship as specified for the violations set forth in this article.

Article 24. Violate regulations while lead vessel of the maritime navigation 1. A fine from 1,000,000 to 5,000,000 đồng VND for each of the following violations of the Navigator: a) discovered the accident, incident or the change of the flow and the maritime signalling in time to lead the ship without timely notice for Maritime Ports;

b) notice, notice for Maritime Ports on time, place on board, left the ship or ship under regulation leads situation;

c) aboard the slower time or incorrectly specified locations without good reason;

d) Lead the ship into port, leave or move is not correct according to the port's ship movement planning maritime or not true to the ship was assigned to lead without good reason;

DD) arbitrarily left the ship without the consent of the captain;

e) not to use the Navigator dresses as a rule when the lead ship.

2. A fine of 5,000,000 VND to 10,000,000 VND for each of the following violations: a) the maritime navigational guide on the ship docked, update or move within port waters when no commands or wrong location specified of Maritime Ports;

b) refused to lead the train without reason or not timely notice for maritime Port or marine Navigator organization about the denial leads;

c) Navigator leads the train fault led to less serious maritime accidents.


3. A fine from 10,000,000 20,000,000 to copper copper for navigational behavior lead ship at fault leading to serious maritime accidents.

4. A fine of 20,000,000 30,000,000 for the copper to copper acts Navigator leads the train fault led to maritime accidents is particularly serious.

5. additional sanctions: a) deprived of the right to use the certificate of competence in maritime navigation and licenses the operation of maritime navigation until the 6 (six) months for the violations set forth in paragraph 3 of this article;

b) deprived of the right to use the certificate of competence in maritime navigation and licenses the operation of maritime navigation until the 12 (twelve) months for violations specified in clause 4 of this Article.

Section 5 VIOLATED REGULATIONS on MARITIME TRANSPORT OPERATIONS and MARITIME SERVICES article 25. Violation of regulations on the use of license and business conditions, shipping and multimodal transport maritime services 1. A fine from 5,000,000 VND to 10,000,000 VND for each of the following violations: a) multimodal transport business no or incorrect license;

b) shipping services business do not qualify under the rules.

2. A fine from 10,000,000 20,000,000 copper to copper for each of the following violations: a) corrected, erased, fake license;

b) Buy, sell, rent, lease, lend, borrow the license.

3. additional sanctions: confiscate the license used to make administrative violations specified in point a, paragraph 2 of this Article;

4. Apply remedial measures: forced to supplement the license, business conditions prescribed for violations of the provisions of Paragraph 1 of this article.

ITEM 6 VIOLATION of REGULATIONS on the SEARCH OPERATION, AIR-SEA RESCUE Article 26. Violation of regulations on the search operation, rescue 1. A fine from 1,000,000 to 5,000,000 đồng VND for emergency signaling behavior.

2. A fine from 10,000,000 20,000,000 copper to copper for each of the following violations: a) does not fulfill the obligation under the rules of search, rescue;

b) implementation delay command of competent bodies without good reason.

3. for acts not make commands of competent bodies without good reason 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.

Section 7 VIOLATION of REGULATIONS REGARDING SALVAGE OPERATIONS at SEA PORTS of SUNKEN PROPERTY article 27. Violation of regulations regarding salvage sunken property in port 1. A fine from 200,000 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 port.

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 the property were not properly immerse the 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;

DD) non-payment of the costs related to salvage sunken property according to the rules.

3. Fine fellow to 20,000,000 same 50,000,000 for acts not salvaged sunken property not entail dangers.

4. A fine of from 50,000,000 to 100,000,000 đồng VND for acts not salvaged sunken property hazard.

5. additional sanctions: confiscated exhibits, the means used to make the administrative violations specified in point c, paragraph 2 of this Article.

6. Apply remedial measures: a) forced the installation of signal the location of the property being immerse specified in point a, paragraph 2 of this Article;

b) forced to salvage, delivery, handling of assets sank from under the provisions for violations specified in paragraphs 1, 2, 3 and 4 of this Article;

c) forced the salvage cost reimbursement sunken assets prescribed for violations specified in point e clause 2, Clause 3 and clause 4 of this Article.

VIOLATION of section 8 REGULATIONS on MARITIME SECURITY in the PORT Article 28. Breach of rules on maritime safety guarantee 1. A fine from 500,000 to 2,000,000 VND VND for each of the following violations: a) not published in time or notice notice improper maritime reality;

b) photograph, jamming or degrade the effect of maritime signalling.

2. A fine from 5,000,000 to 20,000,000 Council Council for each of the following violations: a) the most recent maritime signalling the wrong location rules;

b) do not place the maritime signalling or not promptly when dangerous obstacles;

c) Not timely corrected, restore the damaged marine signaling or drift;

d) Do move or damage the maritime signalling;

DD) invalidate or change the characteristics of maritime signalling.

3. A fine of 20,000,000 40,000,000 for copper to copper acts pour dirt, waste from dredging is not the correct location of the regulations.

4. Apply remedial measures: a) are forced to publish timely, accurate content of marine notice prescribed for violations specified in point a, paragraph 1 of this article;

b) Forced installation, repair of signalling and announced the maritime regulatory notice for violations specified in clause 2 of this Thing;

c) Forced to restore original state has been changed due to the violations specified in paragraphs 1, 2 and 3 of this article.

Chapter III, propaganda, SANCTIONS PROCEDURES VIOLATED section 1 ADMINISTRATIVE SANCTION AUTHORITY Article 29. The authority sanction of inspectors in the Ministry of transportation inspection, the Director of Maritime Ports, the Chief Inspector of the Ministry of transportation.

1. Inspectors in the Ministry of transport inspectors are on duty have the right: a) caution;

b) a fine of up to 500,000;

c) confiscated exhibits, the means used to make the administrative violations worth up to 2,000,000;

d) Forced to restore original state has been changed due to administrative violations cause;

DD) enforce the remedy of environmental pollution, the spread of disease due to administrative violations cause;

e) forced the destruction of animal products harmful to human health, livestock and crops, toxic food culture.

2. The Director of Maritime Ports has the right: a) caution;

b) a fine of up to 10,000,000;

c) confiscated exhibits, the means used to make the administrative violations;

d) Deprived the right to use the certificate of professional ability, professional certifications, licenses by the State Agency of transportation level has a time limit to six months or with no time limit. In case the above mentioned papers not by the State Agency of transportation, the decision to suspend the violation and competent bodies propose stripping the rights of use until six months or no time limit;

DD) Forced to restore original state has been changed due to administrative violations caused or forced dismantling unauthorised building works;

e) enforce the remedy of environmental pollution, the spread of disease due to administrative violations cause;

g) forced the destruction of animal products harmful to human health, livestock and crops, toxic food culture.

3. 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 term to six months or with no time limit for the certificate of professional ability, professional certifications, licenses by the State Agency of transportation. In case the above mentioned papers not by the State Agency of transportation, the decision to suspend the violation and competent bodies propose stripping the rights of use until six months or no time limit;

d) confiscated exhibits, the means used to implement administrative violations;

DD) Forced to restore original state has been changed due to administrative violations caused or forced dismantling unauthorised building works;

e) enforce the remedy of environmental pollution, the spread of disease due to administrative violations cause;

g) forced the destruction of animal products harmful to human health, livestock and crops, toxic food culture.

Article 30. The authority sanctioning administrative violations of the people's Committee Chairman granted 1. Authorized sanctions against administrative violations in the field of navigation occurs within the administration of the President of the people's Committee of the grants made under the provisions of articles 28, 29 and 30 of the Ordinance.

2. in case of application of the additional sanctions deprived of the right to use the license, certification, Chairman of the people's Committee at district level, the provincial level have the right to suggest the Agency has licensed, professional certificates that decision revoked.

Article 31. Principle of determining the jurisdiction of sanctioning administrative violations 1. The heads of State administration is the authority sanctioning administrative violations in the field of maritime in their industry, sector manage.

2. The case has many of the same competent authority sanctioning administrative violations in the field of maritime, the first agency accepting the authority exercised.

3. other principles to determine the authority sanctioning administrative violations in the field of navigation was made according to the provisions of article 42 of the Ordinance.

Section 2 PROCEDURES for SANCTIONING and ENFORCEMENT Article 32 SANCTIONS DECISION. Procedure for applying sanctions administrative violations


1. When the administrative violations in the field of maritime, competent people are on duty to order the immediate suspension of violations.

2. for sanctioning of administrative violations in the form of caution or impose a fine of up to 500,000 dong, who has the authority to sanction the decision to sanction in place according to the simple procedure is stipulated in article 54 of the Ordinance.

3. in case of sanctioning administrative violations by shape on the 500,000, competent people are on duty to promptly establish the minutes of administrative violation according to the provisions of article 55 of the Ordinance. The case established thereon without the authority of administrative infringement sanctions, thereon and the related records of the incident must be sent promptly to the authority under the regulations to decide punishments.

4. The time limit for a decision to sanction is prescribed as follows: a) for the case of simple, obvious violations, do not need additional verification, within a period of not more than ten days from the date of establishment of the minutes of the administrative violation, the person has the authority to sanction sanction decision.

b) for administrative infringement cases are more complex, exhibits, the media need to be assessed, determine the object of administrative violations or other complex details, the time limit for a decision sanctioning is thirty days from the date of establishment of the minutes.

c) where it deems needed more time to verify, collect evidence before the decision to sanction, the latest is ten days before the expiry of the provisions in point b, paragraph 4 of this article, the person who has the authority to sanction direct heads of report writing to renewals; the renewal is made only once, in writing; grace period not exceeding thirty days.

d) So the time limit prescribed in points a, b and c, paragraph 4 of this article, authorized sanctions not be sanctioning decision. The case is not the decision to sanction, the competent decision still apply remedial measures prescribed in this Decree.

5. When penalizing a person perform many administrative violations, the authority indicated a decision on sanctions in the form of the decision, that the level of fines for each violation; If apply sanctions are fines, public money pooled from the level of fines for each violation.

6. decision on sanctions in effect since the date of signing, unless otherwise decided in particular specified effective date. The decision to that effect must be submitted to the Organization, individuals sanctioned and the Agency collects the fines within three days from the day the decision to sanction.

7. Individuals, the Organization fined must pay the fine at the place where the decision to sanction has rules and get receipts.

The Ministry of finance, in cooperation with the Ministry of transport of the detailed instructions on the procedures for collecting, fine, manage and use proceeds from sanctioning administrative violations in the field of navigation.

8. for administrative violations are sanctioned according to the level of regulation of the capacity, the capacity of vessels (GT) as the coolant is measured according to the provisions of the International Convention on the measurement of ship 1969, recorded in the Agency's certification. The case of certificates of ships do not record volume, volume of ships is calculated as follows: a conversion) cargo vessels: 1.5 tons registered tonnage in GT 1;

b) tugs, push boats: 01HP by 0.5 GT;

c) barges: 2 tons tonnage registered by 01 GT.

Article 33. The procedure deprived the right to use the license removal procedures used by, professional certificates, licenses are made according to the provisions of article 59 of the Ordinance.

Article 34. Procedures for confiscating and handling exhibits, the means used to make the administrative violations 1. When the apply form confiscated exhibits, the means used to make the administrative violation, the person has the authority to sanction formed thereon and follow the provisions of article 60 of the Ordinance.

2. The disposal of exhibits, the means used to make the administrative violations made according to the provisions of article 61 of the Ordinance.

Article 35. Executive decision sanctioning administrative violations 1. Personally, the organization sanctioned administrative offense must accept the punishment decision issued within ten days from the date of delivery of the decision to sanction unless otherwise specified in the decision to sanction. So the time limit on, individuals, non-sanctioned organization self-belief, the Executive authority sanctioning administrative violations have the right to apply coercive measures are appropriate.

2. The application of coercive measures to enforce the decision sanctioning administrative violations as stipulated in article 66 of the Ordinance.

Article 36. The decision-making authority of coercive enforcement of the decision sanctioning administrative violations authorized coercive enforcement of the decision decision sanctioning administrative violations are made according to article 67 of the Ordinance.

Article 37. The minutes and decide sanction attached to this Decree 7 Appendix a sample and form decided to use in the process of sanctioning administrative violations in the field of navigation.

Chapter IV COMPLAINTS, accusations, reward and HANDLE breach of article 38. Complaints, accusations and claims administration 1. Personally, the organization sanctioned administrative violations in the field of maritime or their legal representatives have the right to complain about the decision sanctioning administrative violations, decided to adopt measures to prevent and sanction violations warrant administration. In the meantime the results to resolve complaints by the competent agencies, organizations, individuals sanctioned must still enforce the sanction decision, except in cases of force dismantled buildings.

2. All citizens have the right to denounce unlawful acts in sanctioning administrative violations in the field of navigation.

3. jurisdiction and procedure, the time limit complaints, accusations are made according to the provisions of the law on complaints and denunciation.

4. The petitioner for the decision sanctioning administrative violations, decided to adopt measures to prevent and sanction secured administrative violations in the field of navigation was made according to the provisions of the law on the procedure of resolving administrative cases.

Article 39. Personal rewards, achievements in the Organization and struggle against administrative violations in the field of maritime was awarded under the general regime of the State.

Prohibited use of proceeds from sanctioning administrative violations or from selling exhibits, vehicles seized in the maritime field to extract of reward.

Article 40. Handle violation 1. Authority sanctioning administrative violations in the field of maritime, who was made the task of inspection of seafarers, heads the Agency assigned the task Inspector seafarers that harassment, tolerate, cover, not processed or not processed in time, not properly handling beyond the jurisdiction rules depending on the nature and extent of the violation being disciplined or suffer prejudice criminal liability; If the damage is compensated according to the provisions of the law.

2. Persons sentenced to administrative violations in the field of maritime if behaving against people on duty, postpone, evade the executor or other violations, then depending on the nature and extent of the violation will be dealt administrative violations or prejudice criminal liability; If the damage is compensated according to the provisions of the law.

Chapter V PROVISIONS Enacted 41. Effect 1. The Decree has effect as from September 1, 2011.

2. This Decree replaces Decree No. 62/2006/ND-CP on June 21, 2006 by the Government on sanctioning administrative violations in the field of navigation.

Article 42. Implementation 1. The Minister of transport is responsible for implementation of this Decree.

2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.