The DECREE regulating the sanctioning administrative violations in the territorial sea, contiguous zone, exclusive economic zone and the continental shelf of the country the Socialist Republic of Vietnam _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on Government Organization, 30 September 1992;

Basing the Ordinance on administrative violations processing 6 July 1995;

The base Police Force Ordinance on Vietnam sea 28 March 1998;

Considering the recommendation of the Minister of national defence, the DECREE: chapter I GENERAL PROVISIONS article 1. Organization, Vietnam had individual administrative violations of territorial waters, the contiguous zone, the exclusive economic zone and the continental shelf of the Republic of Vietnam Socialist are sanctioned under the provisions of this Decree and the other provisions of the law of Vietnam.

Organizations, foreign individuals have administrative violations also sanctioned under the provisions of this Decree and the other provisions of the law of Vietnam, except where the relevant international treaties to which the Socialist Republic of Vietnam signed or otherwise.

Article 2. In the territorial sea, contiguous zone, exclusive economic zone and the continental shelf of Vietnam, Vietnam marine police has the authority to sanction the administrative violation according to the provisions of this Decree in the areas of security, safety and order, protection of the environment, protection of aquatic resources , mineral resources, transport behaviours unlawful and unauthorized purchase shipping goods, weapons, explosives, drugs and stimulants, the acts of smuggling and administrative violations in other related fields. The State administration specialization when detected violations of the administrative sanction by the authority, if not the jurisdiction to set the minutes and transferred to Vietnam marine police force or other authorized body sanctions prescribed by law.

Article 3. In the inland region, when requested, Vietnam marine police has responsibility for coordinating, help the other specialized forces to accomplish the mission, ensuring that the activities on the implementation of the provisions of the law; the case of the marine police force Vietnam proactively detect the administrative violations must then apply the preventive measures, notification and transfer to competent authorities handled under the provisions of the law.

Article 4. The principle of sanctioning administrative violations.

1. The sanctioning administrative violations are due to the Authority set forth in article 35 of this Decree shall proceed in accordance with the provisions of the law.

2. The principle of sanctioning administrative violations are applied according to clause 2, 3, 4, 5 and 6 of article 3 Ordinance on handling administrative violations.

Article 5. The extenuating circumstances, aggravating to apply in sanctioning administrative violations with regard to the violations of the provisions of chapter II of this Decree shall be made according to article 7 and article 8 Ordinance on handling administrative violations.

Article 6. Time sanctioning administrative violations, the time limit is considered to have not yet dealt with administrative violations.

1. Time sanctioning administrative violations is one year from the date of the administrative offense was made; the time limit on the count is two years for administrative violations in the field of the environment, export, import, exit and entry, the acts of smuggling, trafficking in counterfeit goods; If the time is not sanctions, but may apply measures specified at points a, b and d of paragraph 3 article 11 Ordinances handling administrative violations.

2. The other rules about time limits apply to the item 2 and 3 article 9 Ordinance handling administrative violations.

3. organizations and individuals sanctioned administrative offense, if more than one year from the date of enforcement of the decision or sanction is done from the most effective sanction decisions without re-offending is regarded as not yet sanctioned administrative offense.

Article 7. The sanctions administrative violations specified in this Decree are imposed under Chapter II of the Ordinance on handling administrative violations.

Chapter II the FORM and the LEVEL of FINES for ADMINISTRATIVE VIOLATIONS 1: BREACH OF SECURITY, SAFETY and ORDER on the SEA article 8. Sanctions for violation of the foreign boats have one of the following acts: 1. A fine of from 5 million to 10 million dong VND for the behavior of stopping or anchoring illegally in Vietnam waters.

2. A fine of 10 million to 20 million dong VND over for one of the following behaviors: a) blind shot, smoke guns, fired the signal or use the explosives in the territorial waters and contiguous zone in Vietnam of any purpose, except in cases of emergency and signal bullet shot gun salute;

b) interrupt the operation of maritime transport, fishing operations, aquaculture, seafood search activities, the exploration and exploitation of marine resources.

3. A fine of from 20 million to 100 million dong VND over for one of the following behaviors: a) interference with communications systems, devices and machines of the Socialist Republic of Vietnam;

b) unauthorized use of radar, ultrasound transmitters, measurement/monitoring machines, equipment, diving and other machines to survey the geographic situation of exploration, hydrology, meteorology, bottom quality, depth or any other exploration targets in Vietnam waters;

c) does not put the whole of the fixed and mobile weapons on board to preserve when armed vessels into contiguous regions, Vietnam territorial waters;

d) do not apply to professional measures to prevent dangerous and toxic or not give Vietnam the authorities the technical documentation about the radioactive, toxic or dangerous substances have on board when required for Atomic Energy-powered ships and ships carrying radioactive substances , transport or use of toxic or dangerous substances are allowed through the contiguous waters and Vietnam;

e) Put people off boats or take down ships do not comply with the law of Vietnam exit and entry; harbouring, complicity, cover up or reach for those who violate the law of Vietnam in the territorial waters and contiguous region of Vietnam.

4. additional sanctions and other measures: a) confiscated exhibits, means of administrative violations specified in point a of paragraph 2; points a and b of paragraph 3 of this article;

b) Forcing people and means of administrative violation of regulation in this leave active waters or leaving Vietnam waters.

Article 9. Sanctions for violations of the foreign fishing boats travelling in Vietnam waters.

1. A fine of 10 million dong to 20 million contract for one of the following behaviors: a) Not collect store grids or other fishing tools;

b) No State preserved all the exploration, discovery, example lead fish.

2. A fine of from 20 million to 50 million dong VND if re-offending among the acts specified in paragraph 1 of this article.

Article 10. Sanctions for violations of foreign individuals, organizations on scientific research in Vietnam waters.

1. A fine of from 5 million to 10 million dong VND for the scientific study of behavior was not right with the venue allowed for research.

2. A fine of 10 million to 20 million dong VND over for acts carrying weapons, ammunition, explosives, reconnaissance vehicle, the toxic substance.

3. A fine of from 20 million to 50 million dong VND over for the behavior, use the devices or tools, the research works without permission of the competent agency of Vietnam.


4. additional sanctions and other measures: a) confiscated exhibits, means of administrative violations stipulates in paragraph 2, paragraph 3 of this article;

b) forced to scrap public works, equipment, instruments and can license revoked or suspended operations for administrative violations stipulates in paragraph 3 of this article.

Article 11. Sanctions against administrative violations in the field of security, order on the seas are applied according to the provisions of article 18, except for point b item 2 of Decree 47/CP on August 15, 1996 by the Government on sanctioning administrative violations in the field of security, order.

Article 12. Sanctions for violations of the regulations on the entry, exit, transit, be applied according to the provisions of article 21, except the points b and c of paragraph 1, point d item 2 of Decree 47/CP on August 15, 1996 by the Government.

Article 13. Sanctions for violations of the regulations on the prevention and control of drugs is applied according to the provisions of article 22, except for item 2; the points a, b, c, g and h, paragraph 3; the points b, c and e in paragraph 4 of Decree 47/CP on August 15, 1996 by the Government.

Article 14. Sanctions for violation of use, control of the media, the maritime transport operations and maritime services.

1. A fine from 1.000.000 VND to 5 million VND for one of the following violations: a) no passport crews;

b) no certification of marine crews.

2. A fine of from 5 million to 10 million dong VND over for one of the following violations: a) no certificate of registration of the ship;

b) does not make registration of ship owners change as prescribed by law when the vessel was shifted to own;

c) practised business of shipping and maritime services without license or license has expired;

d) improper trading with the content, the scope is specified in the licence;

e) Not done properly the provisions of registered business (online stream, the active, the name of the ship);

g) corrected, erased shipping business licenses and maritime services.

3. additional sanctions: deprived of the right to use up to 3, the professional certificate or license with respect to maritime activities in violation of the provisions of points b and e account 2 things.

Article 15. Sanctions for violations of the regulations on safety and life.

1. Caution or a fine from 100,000 to 500,000 Dong Dong for one of the following violations: a) the Board does not have the specified table tasks students put in the necessary position;

b) spacecraft has the operation index lifesaving equipment;

c) no assignment table on students, abandoned for each crew on board and the public on board;

d) does not have adequate lifesaving equipment regulations;

e lifesaving equipment) does not guarantee good quality, does not guarantee the operational readiness is right.

2. A fine from 1.000.000 VND to 5 million VND for one of the following violations: a) crews do not have sufficient qualifications, professional certificates as prescribed;

b) Ship had no payroll minimum safe enough under the rules;

c) mission was not the correct titles with registered users name in the shared directory of the boat;

d) no log or use the log wrong regulation;

e) no registration number of the means of according to the regulations.

3. A fine of from 5 million to 10 million dong VND over for one of the following violations: a) lifesaving equipment has expired;

b) no lifesaving equipment.

4. additional sanctions: deprived of the right to use the term from 3 months to 6 months or not active license period of maritime vessel, a certificate of basic safety training for administrative violations prescribed in this article.

Article 16. Sanctions for acts of cargo, passengers too load allows.

1. Caution or a fine from 100,000 to 500,000 VND VND per passengers exceeded the number of regulations.

2. A fine of 2 million to 10 million contract for the fellow passenger behavior too load allows.

3. Caution or a fine from 200,000 to 700,000 Dong VND per passenger for violations of the provisions of paragraph 1; 5 million to 15 million dong fine copper for violations of the provisions in paragraph 2 of this Article in case of re-offense.

Article 17. Sanctions for violations of safety regulations fire prevention with boats.

1. A fine of 2 million to 5 million dong VND for one of the following violations: a) The fire not equipped in a State ready for action;

b) there are no warning signs or directions needed in places where flammable, explosive;

c) no fire system diagram, the table assigned to firefighters and the index operation on the ship.

2. A fine of from 5 million to 10 million dong VND over for one of the following violations: a) fail or incomplete observance of regulations on fire;

b) Not fully fire-equipment in accordance with the law of Vietnam and the relevant international treaties to which Vietnam has signed or participated;

c) The extinguisher portable is no longer operational;

d) fire equipment is not the right place regulations on board;

e) crews on the ship not mastering the use of fire equipment;

g) has no plans to rescue in case of emergency.

Article 18. Sanctions for violations of rules on maritime safety.

1. A fine of 2 million to 5 million dong VND for who controls the media in violation of rules of the following itinerary: a) not to use or improper use of the kind of regulatory signals;

b) does not comply with the rules about avoiding hitting the sea.

2. A fine of from 5 million to 10 million dong VND over for one of the following behaviors: a) not sign signal when the media or other obstructions were sunken forming barricades on the sea;

b) do not place signs signaling the artificial island or the sea;

c) Do move or lose the effect of maritime signalling.

3. apply other measures: Forcing immediately signalled for violating rules at points a and b of paragraph 2; forced to restore original state for violation of the provisions in point c of paragraph 2 of this article.

Article 19. Sanctions for violations of regulations on order, traffic safety on the sea.

1. A fine of from 500,000 to 2 million dong VND for one of the following behaviors: a) For other vehicles clinging, forcing the wrong rules into their vehicles when the train is the journey;

b) hybrid vehicles use pimp not correct function;

c) ship had no rules or to the person sitting on the hood or the sides of ships;

d) Folded improperly prescribed goods.

2. A fine of 10 million dong to 20 million contract for one of the following behaviors: a) the toxic cargo, the substances that cause fire, explosion, along with the passengers;

b false number plate) when circulating vehicles.

3. additional sanctions: deprived of the right to use the term from 3 months to 6 months or indefinitely by, professional certificates of captain for administrative violations stipulates in paragraph 2 of this article.

Article 20. Sanctions for violations of the provisions on search and rescue.

1. A fine of 2 million to 5 million dong VND for the behavior does not fulfill the obligation under the provisions of the maritime search and rescue.

2. A fine of from 5 million to 10 million dong VND over for behaviour do not obey their commands have no reason or lack of responsibility when performing commands of the competent bodies.


Article 21. Sanctions for violations of regulations on salvage assets sank in the sea.

1. Caution or a fine from 200,000 VND to 1.000.000 VND for acts not reported or reported incorrectly when the assets sank in the sea.

2. A fine of 10 million dong to 20 million VND for each violation of the provisions on the preservation or salvage property settlement, sank in the sea.

3. A fine of from 20 million to 50 million dong VND over for each violation of the provisions on the sale or salvage of archaeological and historical artifacts on territorial waters, contiguous region.

4. additional sanctions: confiscated exhibits, the media used to make violations of the provisions of paragraphs 2 and 3 of this article.

SECTION II: BREACH OF PROTECTION of the MARINE ENVIRONMENT Article 22. Sanctions for violations of the discharge of waste and toxic substances.

1. A fine of 5 million dong to 20 million contract for one of the following behaviors: a) grease Waste, toxic chemicals, radioactive substances in excess of the limit allowed on the seas;

b) to discharge the kind of junk, dirty water, dirt, waste water and oil and other harmful substances from the ship into the sea in the area, the limited area;

c) to discharge the waste and toxic substances in the sea is not in accordance with the regulations on the protection of the environment.

2. A fine of from 20 million to 50 million dong VND over for violations in paragraph 1 of this article in case of re-offense.

3. A fine of 50 million to 100 million dong VND over for violations in paragraph 2 of this Article in case more aggravation.

4. Apply other measures: Forcing compensation; forced to restore the original state has been changed; overcoming environmental pollution; means of violating custody for violations in the clause 1, 2 and 3 of this article.

Article 23. Sanctions for violations of transportation of hazardous materials.

1. A fine of 10 million dong to 20 million contract for one of the following behaviors: a) No materials of toxic substances;

b) unlicensed transport of hazardous substances;

c) do not apply to special preventive measures according to the provisions on the protection of the environment.

2. A fine of from 20 million to 50 million dong VND over for violations in paragraph 1 of this article in case of re-offense.

3. A fine of 50 million to 100 million dong VND over for violations of the provisions of paragraph 1 of this article in case more aggravation.

4. Apply other measures: forcing the offending vehicles leaving the country are active or leaving Vietnam waters.

Article 24. Sanctions for violations of the dynamic business, mining rare plant list by Ministry of agriculture and rural development, the Ministry of fisheries announced are applied according to the provisions of article 8 of Decree 26/CP DATED April 26, 1996 by the Government sanctioning administrative violations of environmental protection.

Article 25. Sanctions for violations of the room to avoid the problem in the search environment, exploration, exploitation, transportation of oil and gas are applied according to the provisions of article 12 of Decree 26/CP DATED April 26, 1996 by the Government.

Article 26. Sanctions for violations of the remedial environmental incidents are applied according to the provisions of article 19 of Decree 26/CP DATED April 26, 1996 by the Government.

ITEM 3: BREACH of the EXPLOITATION and PROTECTION of AQUATIC RESOURCES article 27. Sanctions for violations of the terms of use, including the license without license, the license, the license because the Agency does not properly issued.

1. A fine of 2 million to 5 million dong VND for the media has under 50 tons.

2. A fine of from 5 million to 10 million dong VND over for load media from 50 tons to 100 tons.

3. A fine of from 10 million to 50 million dong VND over to load media from over 100 tons.

4. additional sanctions: confiscate the entire seafood products, seafood processing, fishing instruments used to catching illegal seafood.

Article 28. Sanctions for violations of the Habitat protection and protection of aquatic species, fisheries and mining management, management of fishing boats are applied according to the provisions in articles 4 and 5; the 2, 3, 4, 5, 6 and 7 article 6; clause 2 and 3 article 7 of Decree 48/CP dated 12 August 1996 of the Government sanctioning administrative violations in the field of protection of aquatic resources.

Article 29. Fines for administrative violations in the field of fishing activity for people and foreign media are applied according to the provisions of articles 16, 17 and 18 of Decree 49/CP dated 13 July 1998 from the Government.

ITEM 4: OTHER AREAS in VIOLATION of article 30. Sanctions for violations of the provisions on Exchange of goods export, import of border residents are applied according to article 8 of Decree 58/1998/ND-CP dated 21 July 1998 the Government's amendments and supplements to some articles of Decree No. 16/CP dated 20 March 1996 of the Government on sanctioning administrative violations in the field of management State Customs.

Article 31. Sanctions for acts of perjury, tax evasion is applied under article 3; the confiscated exhibits, the means used to administrative violations in the field of taxation is applied according to article 6 of Decree 22/CP on April 17, 1996 by the Government on sanctioning administrative violations in the field of taxation.

Article 32. Sanctions for violations of the regulations on the export, import of goods; violation of the means of transport are applied according to clause 2 and 3 article 14; point a article 21 of Decree 18/CP DATED March 1, 1996 by the Government on sanctioning administrative violations in the field of trade.

Article 33. Sanctions for violations of the regulations on prospecting, exploration, mining, mineral management are applied as specified in articles 4, 5, 6 and 8 of Decree 35/CP dated 23 April 1997 of government sanctioning administrative violations in the field of State management of the minerals.

Article 34. Sanctions against administrative violations on the seas and Vietnam continental shelf jurisdiction of Vietnam marine police force to be applied according to the provisions of the law of the relevant administrative sanction by the State of the Socialist Republic of Vietnam.

Chapter III jurisdiction, PROCEDURE of SANCTION and APPLY MEASURES TO PREVENT ADMINISTRATIVE VIOLATIONS to article 35. The following people have the authority to sanction administrative violations.

1. professional team of Police Coast Guard is on duty have the right: a) caution;

b) a fine of up to 200,000.

2. Chief of marine police profession nest has the right: a) caution;

b) a fine of up to 500,000 VND.

3. The captain of the coast guard service have the right to: a) caution;

b) fines up to 1.000.000 VND;

c) Tying compensation due to administrative violations cause to 500,000 VND.

4. The Division Head of Coast Guard squadron has the right: a) caution;

b) a fine of up to 2 million;

c) Tying compensation due to administrative violations cause to 1.000.000 VND;

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

e) polluter Act Habitat, spreading disease.

5. Chief Squadron Squadron police marine reserves: a) caution;

b) a fine of up to 2 million;

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

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


e) operations pollute the environment, the spread of disease;

g) cultural destruction of toxic products, the harmful items that affect human health.

6. the Commander of the marine police region has the right to: a) caution;

b) a fine of up to 20 million VND;

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

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

e) Forced overcome bad Habitat pollution, spread of disease;

g) cultural destruction of toxic products, the harmful items that affect human health.

7. the Director General Coast Guard has the right to: a) caution;

b) a fine of up to 20 million VND;

c) Deprived the right to use the license according to the authority, unless the license due to the superior state agency level, the decision to suspend the violation and proposed State Agency has the authority to revoke the licence;

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

e) Forced overcome bad Habitat pollution, spread of disease;

g) Forced to restore the status has been changed due to administrative violations caused or forced dismantling unauthorised building works;

h) forced the boats and crews to leave overseas Vietnam waters;

I) cultural destruction of toxic products, the harmful items that affect human health.

8. The President of the people's Committee levels make the right handling of administrative violations as stipulated in article 27 and article 28 Ordinance on handling administrative violations within his local Manager for the violations set forth in this Decree.

The case the authority sanction prescribed in clause 3, 4, 5, 6, 7 and 8 of this absence or be their authorization of the person that has the authority to sanction under their jurisdiction.

Article 36. The authority to apply the preventive measures of administrative violations.

1. The following persons have the right to apply measures to prevent administrative violations: a) the captain of the police profession;

b) Chief squadron of the Marine Police Division;

c) Squadron Squadron Police Chief;

d) Commander of The marine police;

e) Director of marine police.

2. The application of the preventive measures of administrative violations and ensure the handling of administrative violations as stipulated in article 38 Ordinance on handling administrative violations.

3. When applying these measures the competent person must comply strictly with the provisions in articles 39, 41, 42, 43 and 44 Ordinance on handling administrative violations.

4. where the person specified in paragraph 1 of this article is absent or unable to perform his duties, then their right to decide.

Article 37. Procedure for sanctioning of administrative violations to comply with the provisions of Chapter VI Ordinance handling administrative violations.

The Ministry of finance in cooperation with the Department of Defense guidelines detailing procedures for the submission, the collection, management and use of the proceeds from the sanctioning of administrative violations under the provisions of this Decree.

Chapter IV COMPLAINTS, accusations, HANDLING of breach of article 38. Complaints, accusations and complaints, accusations.

1. organizations and individuals dealt with administrative violations to this decree or their legal representatives have the right to appeal against the decision of sanction authorized under the provisions of the law on complaints and denunciation 1998. Pending results of the Agency's complaint resolution, authority, organization or individual sanctioned must still enforce the sanction decision, except to scrap construction works.

In the case of individual organizations complain does not agree with the decision to settle the complaint shall have the right to complain to the person who has the authority to resolve the complaint or sue the Government case in court under the provisions of the law.

2. The individual has the right to report to the competent State agencies on administrative violations set forth in this Decree of organizations and individuals under the provisions of the law on complaints and denunciation 1998.

3. The individual has the right to report to the competent State agencies about the unlawful behavior of the authority sanctioning administrative violations specified in article 35 of this Decree.

Article 39. Handle violation.

1. Competent handling administrative violations in this decree that harassment, tolerate, cover, does not sanction or sanctions is not timely, not proper punishments too competent, depending on the nature and extent of the violation will be disciplined or arrested save for criminal liability If the damage is compensated according to the provisions of the law.

2. Persons sentenced to administrative violations if there are acts impedes, against people on duty are responsible for test, control, sanctions or deliberately delay, evade made the decision to sanction the administrative violation according to the nature and extent of the violation will be dealt administrative infringement or prejudice criminal liability If the damage is compensated according to the provisions of the law.

 

 

Chapter V ENFORCEMENT PROVISIONS Article 40. This Decree takes effect after 15 days from the date of signing.

Article 41. The Minister of defence, in coordination with the ministries concerned, inspection instructions, urging the implementation of this Decree.

The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, central cities and sea police chief is responsible for the implementation of this Decree.