Circular 12/2016/tt-Bgtvt: Guide The Implementation Of A Number Of Articles Of Decree No. 132/2015/nd-Cp On December 25 2015 The Government's Sanctioning Of Administrative Violations In The Field Of Road Transport.

Original Language Title: Thông tư 12/2016/TT-BGTVT: Hướng dẫn thi hành một số điều của Nghị định số 132/2015/NĐ-CP ngày 25 tháng 12 năm 2015 của Chính phủ quy định xử phạt vi phạm hành chính trong lĩnh vực giao thông đường ...

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CIRCULAR guiding the implementation of a number of articles of Decree No. 132/2015/ND-CP on December 25 2015 the Government's sanctioning of administrative violations in the field of inland waterway transportation _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1/1/clip_image001.gif "width =" 160 "/> pursuant to the law of handling administrative violations on June 20, 2012;
Pursuant to the law on inland waterway transport of 15 June 2004 and the law on amendments and supplements to some articles of the law on inland waterway transport on 17 June 2014;  
Pursuant to Decree No. 81/2013/ND-CP dated 19 July 2013 the Government detailing some things law enforcement measures and handling of administrative violations;
Pursuant to Decree No. 132/2015/ND-CP on December 25 2015 the Government's sanctioning of administrative violations in the field of inland waterway transport;
Pursuant to Decree No. 107/2012/ND-CP dated 20 December 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of transportation;
At the suggestion of the Director of Legal Affairs and Director General Vietnam inland waterways, the Minister of transport issued a circular guiding the implementation of a number of articles of Decree No. 132/2015/ND-CP on December 25 2015 the Government's sanctioning of administrative violations in the field of inland waterway transport.
Chapter I GENERAL PROVISIONS article 1. Scope 1. This circular guiding the implementation of a number of articles of Decree No. 132/2015/ND-CP on December 25 2015 the Government's sanctioning of administrative violations in the field of inland waterway transport (hereinafter abbreviated to Decree 132/2015/ND-CP) regarding the determination of administrative violations; procedures, sanctions; determining the right sanctions.
2. Administrative violations in the field of inland waterway transport including the violations of the provisions of chapter II of the Decree 132/2015/NĐ-CP dated. 2. Application object 1. Authorized sanctions, thereon administrative violations specified in Decree 132/2015/ND-CP DATED. 2. The Organization, individuals with administrative violations in the field of inland waterway transport; organizations and individuals related to the works sanction administrative violations in the field of inland waterway transport.
Article 3. Sanction guidelines 1. The principle of sanctioning administrative violations in the field of inland waterway transport in accordance with the provisions of article 3 of law handling administrative violations.
2. organizations and individuals have the violation, the sanction authority, establish the minutes of administrative violations in the field of inland waterway transport, the Organization, the individual concerned must make provisions of Law handling administrative violations, Decree No. 81/2013/ND-CP dated 19 July 2013 the Government detailing a number of articles and Law enforcement measures Handling of administrative violations, Decree 132/2015/ND-CP and this circular.
Chapter II SPECIFIC PROVISIONS article 4. The method determines the payload capacity of the media does not register, do not register for the violation of the Organization, the individual provisions of the Decree 132/2015/ND-CP relating to the media not to register, do not register the methods of determining the full load capacity of the media to apply sanctions , as follows: 1. full load of means the symbol is T (tons) and is calculated according to the formula T = A x K, where: a) A is the value of the main deck length measurement, measure from the tip to the driving means edge width measurement multiplied the deck in the middle of the media with a beam height measurements from the bottom to the surface, measuring the deck in the middle of the media, is calculated according to the formula A = L x B x D, where: L (m): main deck length measured from the tip to the end of the media driver;
            B (m): measuring the deck edge width in the middle of the media;
            D (m): measuring beam height from the bottom to the surface of the deck in the middle of the media.
b) K is the coefficient corresponding to the value A and apply as follows: the value of A from 4.55 m3 to m3 18.76 then the coefficient K = 0.26;
The value of A from on the m3 to m3 49.80 18.76 then the coefficient K = 0.29;
The value of A from on the m3 to 49.80 387.20 m3 then the coefficient K = 0.35;
The value of A from on the m3 to 1,119.80 387.20 m3 then the coefficient K = 0.51;
The value of A in the K coefficient m3 1,119.80 = 0.57.
2. No case determine the full payload as defined in paragraph 1 of this article, the person who has the authority to recommend the check post authorities determine the full load of the means to make the base a decision sanctioning administrative violations.
3. If the media is not the means of transportation of goods, passengers shall be based on the total capacity of the main machine mounted on vehicles to apply form, the level of the fine.
4. for vehicles such as the floating dock or other floating structure on which the latest construction equipment tractor,-to dredging, mining, cargo if not enough grounds for determining full or load capacity of the vehicle determined as follows: a) the media have the greatest length to 10 m or have the largest width to 4 m are identified as the media have full load from 5 tons to 15 tons;
b) means the greatest length over 10 m or have the greatest width of 4 m shall be defined as the media have full load over 15 tons;
c) length of the media is measured from the outermost point of the nose to the outermost point of the vehicle drive media or from the outermost points of the vehicle which has the biggest cut on the side of the deck;
d) width of the media is this side deck edge to the edge of the deck on the other side, in the position of having the largest size.
Article 5.  How to change out the units capacity (GT) where a certificate of no recorded means the capacity of media capacity is calculated as follows: 1. hydraulic motor vehicles: 1.5 tons registered tonnage by GT 01.2. Means no engine: 4 tons tonnage registered in 01 GT. 3. Tugboats, push boats: 1 horsepower is equal to 0.5 GT. Article 6. Violating the rules of construction, protection and exploitation of infrastructure inland waterway transport 1. Vehicles, equipment seized are specified in point b of Paragraph 11 to article 5, Decree 132/2015/ND-CP is: xáng scraper, tractor, crane, biting and sucking machine, pump, vacuum, pipe, machinery, equipment, other tools are used for direct extraction of sand and gravel or minerals.
2. The scope of protection of works in the infrastructure of inland waterway transport in VND Account 9 Article 5, Decree 132/2015/ND-CP is the protection dam, embankment works, signalling, mold, mold releases marine measurements, mold flow protection corridor limit and others except for the stream and stream protection corridor.
3. Subject to the provisions in breach of article 7 of the Decree 132/2015/ND-CP is organization, personal or winning bid served as Manager, maintenance of inland waterways.
Article 7. Violating regulations on operating conditions of vehicles 1. The behavior specified in point a of paragraph 1 article 11, Decree 132/2005/ND-CP is the guys behavior, add the registration number on the media is not exactly one of the following provisions: a) the registration number of media groups, group and group number.
b) size font and the number of enemies on the media must ensure conditions: minimum height 200 mm, 30 mm minimum stroke width and spacing between letters or numbers is 30 mm;
c) color of font and background color must be different from registration where the registration letters and numbers guys;
d) position the media registration number: registration number of the means to be where guys are not obscured in left, right and forward of the cabin of the vehicle;
The case means no cabin, the guys at the dry port at the sides of the nose of the media;
The case means no cabin and the height of the side is dry enough not to guys, attaching the prescribed registration number shall be allowed to shrink in size when the perpetrator, but are easier to see in guys.
2. the acts specified in point d of paragraph 1 article 11, Decree 132/2015/ND-CP is the behavior guys draft safety marker not properly positioned on the starboard side of the media or translucent or colored draft marker of marker draught coincides with the color of the shell means.
3. Handle the behavior does not have or does not bring papers to the provisions in clause 2, Clause 3, clause 4 and Clause 5 article 11, Decree 132/2015/NĐ-CP dated as follows: a) case at the time of inspection, vehicle, boat, who drive the vehicles cannot be prescribed papers as : media registration certificate, a certificate of technical safety and environmental protection, by means of certification, professional ability, professional certificates, the authorities set up the minutes on undocumented behavior. Within a decision sanctioning administrative violations, if the offense produce original papers or paper confirmation of credit institutions is also valid for the media are mortgages, the decision-making authority regarding sanctions do not carry papers and have to copy , save the document in the record sanctioning administrative violations;
b) case papers of vehicles, boats, people drive the vehicles were detained to ensure the enforcement of punishment decisions, if the offense produce minutes of administrative violations have custody papers also record the time limit, they shall be considered as the means, boatmen, who drive the vehicles have papers according to the regulations. If the time limit for the minutes of the administrative offense was too regulated, then the sanctioned with undocumented behaviour according to the regulations.
4. Sanctions for acts not installing the safety devices specified in clause 4 Article 12 Decree 132/2015/ND-CP a) time apply sanctions for acts not fitting the automatic identification devices-AIS on the media business of passenger transportation according to a fixed line when operating on the route from the coast off the island or between islands is from January 1, 2017;
b) against acts doesn't have radio buoys indicated trouble via satellite-carrying cargo ship on the EPIRB S. level VR-SB from 300 GT and upwards transport customers ship online activities only coastal sanctioned when there are provisions of law on the mandatory fitting of radio buoys indicated trouble via satellite-s. EPIRB.
5. Violations of regulations on minors of the means specified in article 14 of the Decree 132/2015/ND-CP

When the check and before the decision to sanction violations of regulations on minors of the media, the authorized person must compare with media usage time limit stipulated in article 4 and article 13 of Decree 111/2014/ND-CP on November 20, 2014 of annual government regulations limit the use of the vehicles Interior and youth use of term the media cards are allowed to apply sanctions.
Article 8. Violation of regulations regarding the condition of the boat, who drive vehicles 1. The no case by the captain, the captain or the certificate of professional ability as the captain, the Chief or professional certificates specified in point b of paragraph 1, paragraph 2 and paragraph 3 article 16 Decree 132/2015/ND-CP, include: a) has no equal, the certificate of professional ability, professional certification agency or training crews media driver, authorities;
b) use by, the certificate of competence in the field of maritime and fisheries to crewing titles on the media or by inland waterway, no other professional certificates in the system by, the certificate of professional ability, professional certificates in accordance with the law of inland waterway transport.
2. where crews have by the captain, the captain or the certificate of professional ability, your head but not match prescribed in clause 2, Clause 3 article 16 Decree 132/2015/ND-CP's crew took the title captain, the head of the higher grades by the captain, the captain or the certificate of professional ability as the captain , the Minister prescribed.
3. by, the certificate of professional ability, professional certificates prescribed in clause 4 Article 16 of Decree 132/2015/ND-CP, include: a) By captain, with your head first, second, third, third class;
b) certificate of professional ability as the captain was classified into four grades: 1st class (T1), runners-up (T2), third (T3), fourth (T4);
c) professional ability certification Air Chief was classified into three grades: first class (M1), second (M2), third (M3);
d) certificate basic safety training (ATCB);
DD) professional certificate: certificate for sailors (TT1), runners-up (TT2); a first-rate mechanic certificate (TM1), second class (TM2); first-class vehicle driving certificate (LPT1), runners-up (LPT2);
e) special professional certificates: certificate type I medium control high speed (ĐKTĐCI); the certificate type II medium control high speed (ĐKTĐCII); control certificate coastal transport (ĐKVB); secure certificate to work on coastal transport (ATVB); secure certificate to work on means of carrying gasoline (ATXD); the certificate of safety work on the media carrying the chemicals (ATHC); secure certificate to work on vehicles carrying liquefied petroleum gas (ATKHL).
4. in case the media was allowed to carry passengers and cargo, if crews, media driver has violated the rules of equal class, certificate of professional ability, professional certificates shall be based on the provisions ensuring the title, the type of certification applied for passenger vehicles to sanction.
Article 9. Violation of rules for media owners, who rent the boat staff vehicles, unmanned vehicles, violations of use who don't qualify under the rules do crews specified in point d of Paragraph 2 article 17 Decree 132/2015/ND-CP is a media server behavior using the no by , the certificate of professional ability, professional certificates; does not guarantee health; not old enough or too old according to regulations.
Article 10. Violation of regulations on the operation of the media in the port range, Ben Interior media control into the port, Ben Interior without a license left port, Ben Interior Point c of paragraph 1 the provisions of article 24 of the Decree 132/2015/ND-CP of behavior is when the media port Ben, without license left port, Ben Interior as specified in the port, the wharf where the media comes before to the port, to Ben.
Article 11. Sanctioning administrative violations for the hybrid group 1. The delegation included several hybrid vehicles are, including hybrid vehicles and vehicles were hybrids. The full load of the hybrid group consisting of the full load of the vehicles being hybrid.
2. Sanctions for acts carrying too safe draft marker of future provisions of article 28 of Decree 132/2015/ND-CP of case in the future group has many vehicles carrying draft marker too, when determining the violations must be hybrid media base has sunk too romantic for the largest dry.
Article 12. Determining the right sanctioning administrative violations the authority sanctioning administrative violations in the field of inland waterway transport must be made in accordance with the provisions of article 34, article 35, article 36, article 37, article 38, article 39, article 40, article 41 and article 42 of Decree 132/2015/ND-CP and according to the following provisions : 1. With respect to administrative violations occur at the port, Ben Interior not responsible for management of the port inland waterways, Maritime Ports, the authority sanctioning administrative violations in the force traffic inspectors, the Agency was given the functions of specialized inspection inland waterways , The people's public security.
2. On the border or on the same line have more force to patrol duty, control, the force would have the authority to sanction violations detected before the authority sanctioning administrative violations in the forces.
Article 13. Custody papers to secure sanctioning administrative violations 1. The case just applies fine form for individual, organization of administrative violations, the authority sanctioned has the right to custody and custody-only the original one of the papers in the following order until personal, organizations that sanction decision done Executive : a) or By the certificate of professional abilities of the captain, the media driving certificate;
b) certificate of registration of the media or paper confirmation of credit institutions is also effective for cases of mortgage vehicles;
c) certificate of technical safety and environmental protection of the media;
d) or certificate of competence of the Minister;
DD) papers related to exhibits, other means.
2. Who has the authority to temporarily hold the papers are full of information papers, custody, detention time in the minutes of the administrative offense and the offense have the custody papers.
Article 14. Information mode 1. Custody cases, by means of documents or certificates of competence to ensure the sanctions, if the time limit stated in the minutes of the administrative offense that individuals, not the Organization made the decision to sanction the administrative violations within 3 days from the date of expiration of the custody or custody papers recorded in the minutes of the administrative violation who has the authority to sanction notice, in writing, or by other forms of traffic Police Bureau. The event was announce but then held individuals to enforce the decision to sanction the sanctions unit must report back to the traffic Police Department.
2. in case of stripping rights to use the license, by, professional certificates, certificate of practice must immediately notify in writing or other forms for the agency that papers and traffic Police Bureau.
3. The notice mailed to the agency level papers, the traffic Police Department must specify the type of custody papers or be deprived of the right to use: name, number, symbol of the papers, the number of registered vehicles, the time of detention, the time of stripping rights to use their name, address, of the person having custody papers or be deprived of the right to use and administrative violations.
Article 15. Sample documents, sample decided to use administrative infringement sanction attached herewith some sample documents, regular decision model used to sanction administrative violations in the field of inland waterway transport. Sample, sample other decisions thereon apply as stipulated in Decree No. 81/2013/ND-CP dated 19 July 2013 the Government detailing some things law enforcement measures and handling of administrative violations.
Chapter III IMPLEMENTATION article 16. Effective enforcement of this circular effect since August 2016.
Article 17. Responsible for enforcing The Chief, Chief Inspector, the Director, the Director of Department of inland waterways, the Vietnam Director of the Vietnam register, Director of the Department of transport of the province, central cities, agencies, organizations and individuals concerned is responsible for the implementation of this circular.