Circular No. 01/1998/TT-BTS amending and supplementing certain points of Circular No. 04/TT/BVNLTS dated October 10, 1996 of the Ministry of Fisheries guiding the implementation of Decree No. 48/CP dated August 12, 1996 of the Government on administrative penalties for violations in the field of protecting aquatic resources.

CIRCULAR

Guidelines for Implementing Decree No. 48/CP dated August 12, 1996
of the Government on Administrative Sanctions for Violations
in the Field of Protecting Aquatic Resources

On August 12, 1996, the Government issued Decree No. 48/CP on Administrative Sanctions for Violations in the Field of Protecting Aquatic Resources. On October 10, 1996, the Ministry of Fisheries issued Circular No. 04/TT-BVNLTS guiding the implementation of Decree No. 48/CP. After more than one year of implementing Circular No. 04/TT-BVNLTS, the Ministry of Fisheries deems it necessary to amend some points in Point 5 of Part I of Circular No. 04/TT-BVNLTS to ensure the accuracy of legal terminology and to supplement some models of Decisions on Temporary Detention and Seizure of Evidence and Means of Transportation Involved in Administrative Violations as follows:

1. Replace Point 5 of Part I of Circular No. 04/TT-BVNLTS with new Point 5:

New Point 5:

"5. Procedures for applying measures to prevent administrative violations and ensuring the handling of administrative violations:

Measures to prevent administrative violations and ensure the handling of administrative violations are stipulated in Article 38 of the Law on Handling Administrative Violations, including:

Temporary detention of persons;

Temporary detention of evidence and means of transportation involved in administrative violations;

Search of persons;

Search of vehicles and objects;

Search of places where evidence and means of transportation involved in administrative violations are hidden.

When applying these measures, those authorized must strictly comply with the provisions from Article 39 to Article 44 of the Law on Handling Administrative Violations.

Among these measures, when performing their duties, Inspectors of Aquatic Resource Protection may apply the measure of searching vehicles and objects (including fishing vessels).

When imposing administrative sanctions in the field of protecting aquatic resources, to ensure the enforcement of decisions on penalties, in cases where only fines are imposed on individuals or organizations that violate the law, those authorized to impose penalties under Article 11 of Decree No. 48/CP have the right to temporarily detain the documents listed in Point 3.7 of Part I of Circular No. 04/TT-BVNLTS, vehicle permits, driver's licenses, other relevant documents or evidence and means of transportation involved in administrative violations until such individuals or organizations fulfill the decisions on penalties.

The temporary detention of documents or evidence and means of transportation involved in administrative violations must be based on a written decision and handed over to the violator. Documents or evidence and means of transportation involved in administrative violations that are temporarily detained must be returned in full to the violator immediately after they complete the execution of the decisions on penalties."

2. Amend Model 03 XP/BVNL "Record of Administrative Violations in the Field of Protecting Aquatic Resources" attached as an appendix to Circular No. 04/TT-BVNLTS as follows:

Remove Item "Temporary Detention" in Point 6 of the record;

Remove guidance number (14) in the section on recording Model 03 XP/BVNL.

3. Supplement Appendix: Model 07 XP/BVNL and 08 XP/BVNL (attached model).

Model 07 XP/BVNL: Decision on Temporary Detention of Documents or Evidence and Means of Transportation Involved in Administrative Violations in the Field of Protecting Aquatic Resources.

Model 08 XP/BVNL: Decision on Seizure of Evidence and Means of Transportation Involved in Administrative Violations in the Field of Protecting Aquatic Resources.

4. The Department of Aquatic Resource Protection is responsible for assisting the Ministry in directing and inspecting the implementation of this Circular.

MODEL 07 XP/BVNL

Pursuant to …;

TEMPORARY DETENTION OF DOCUMENTS OR EVIDENCE AND MEANS OF TRANSPORTATION INVOLVED IN ADMINISTRATIVE VIOLATIONS IN THE FIELD OF PROTECTING AQUATIC RESOURCES
(Issued along with Circular No. 01/1998/TT-BTS dated February 19, 1998)
Based on Article 48 of the Law on Handling Administrative Violations dated July 6, 1995;

Based on Decree No. 48/CP dated August 12, 1996 of the Government on Administrative Sanctions for Violations in the Field of Protecting Aquatic Resources;

Based on the Decision on Administrative Sanctions No....QĐ/XP dated... month... year...;

I:…(2)…Position:…(3)…

Place of work:…

Mr./Mrs.…(4)…Ethnicity (Nationality)…

Pursuant to …;

Article 1: Occupation:…

Address:…(5)…

Identity card or passport number:…

issued by the agency…on... month... year…

The following evidence and means of transportation involved in administrative violations: (6)

Reason for temporary detention:…(7)…

Hand over to Mr./Mrs.…(8)…to be responsible for preserving the documents, evidence, and means of transportation involved in administrative violations above in accordance with the law and return them to Mr./Mrs.:...(4)...after fulfilling the Decision on Administrative Sanctions.

+...............................................................

+...............................................................

+...............................................................

Those named in Articles 1 and 2 are responsible for enforcing this Decision.

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Article 2. If Mr./Mrs. named in Article 1 does not enforce the Decision on Administrative Sanctions, the documents, evidence, and means of transportation involved in administrative violations that were temporarily detained will be handled according to the law.

Article 3: To be received (9):

- Agencies that need to know;

(2): Clearly state the name of the person signing the decision

(3): Clearly state the position according to the authority to impose penalties stipulated in Article 11 of Decree No. 48/CP

(4): Clearly state the name of the violator or the name of the violating organization

(5): Clearly state the place of permanent residence or the name and address of the violator's workplace; the location of the headquarters of the violating organization

(6): If it is a document, clearly state its name, who issued it, and the date of issuance; if it is evidence or means of transportation involved in administrative violations, clearly state its name, code, specifications, quantity, and condition consistent with the Record and Decision on Administrative Sanctions. If there are many, a list must be made according to Model 06 XP/BVNL.

(7): Reason: Clearly state the purpose of the detention is to enforce the Decision on Administrative Sanctions (clearly state the Decision number)

(8): Name and position of the person assigned the task.

(9): The Decision must be sent to those named in Articles 1 and 2; Other agencies that need to know and kept at the issuing agency.

(10): Sign and stamp. If the signer is an Inspector or Chief Inspector of Aquatic Resource Protection, stamp the Inspectorate of Aquatic Resource Protection.

MODEL 08 XP/BVNL

SEIZURE OF EVIDENCE AND MEANS OF TRANSPORTATION INVOLVED IN ADMINISTRATIVE VIOLATIONS IN THE FIELD OF PROTECTING AQUATIC RESOURCES

Based on the Record of Administrative Violations No…BB/XP established on... month... year...;

Based on the Decision on Administrative Sanctions No…QĐ/XP dated... month…year…

Pursuant to …;

Seizing from:

Based on Decree No. 48/CP dated August 12, 1996 of the Government on Administrative Sanctions for Violations in the Field of Protecting Aquatic Resources;

Based on the Decision on Administrative Sanctions No....QĐ/XP dated... month... year...;

I:…(2)…Position:…(3)…

Hand over to Mr./Mrs.…(8)…to be responsible for preserving and disposing of the evidence and means of transportation involved in administrative violations above in accordance with the law

Mr./Mrs.…(4)…may appeal to…within 10 days from the date of receipt of the Decision, while waiting for the appeal to be resolved, he/she still has to enforce this Decision.

Temporarily detaining from:

Mr./Mrs.…(4)…Ethnicity (Nationality)…

Pursuant to …;

Article 1: GUIDELINES FOR RECORDING MODEL 08 XP/BVNL

Address:…(5)…

Identity card or passport number:…

issued by the agency…on... month... year…

The following evidence and means of transportation involved in administrative violations: (6)

Reason for temporary detention:…(7)…

Hand over to Mr./Mrs.…(8)…to be responsible for preserving the documents, evidence, and means of transportation involved in administrative violations above in accordance with the law and return them to Mr./Mrs.:...(4)...after fulfilling the Decision on Administrative Sanctions.

+...............................................................

+...............................................................

+...............................................................

Those named in Articles 1 and 2 are responsible for enforcing this Decision.

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Article 2. Entrust Mr./Mrs....(8)...with the responsibility for preserving and handling the evidence and administrative violation means herein in accordance with the provisions of the law.

Article 3: To be received (9):

Mr./Mrs....(4)...may appeal to...within ten days from the date of receipt of the Decision, pending the resolution of the appeal, Mr./Mrs....shall still be required to implement this Decision.

GUIDELINES FOR RECORDING MODEL 08 XP/BVNL

(3): Clearly state the position according to the authority to impose penalties stipulated in Article 11 of Decree No. 48/CP

(4): Clearly state the name of the violator or the name of the violating organization

(5): Clearly state the place of permanent residence or the name and address of the violator's workplace; the location of the headquarters of the violating organization

(6): If it is a document, clearly state its name, who issued it, and the date of issuance; if it is evidence or means of transportation involved in administrative violations, clearly state its name, code, specifications, quantity, and condition consistent with the Record and Decision on Administrative Sanctions. If there are many, a list must be made according to Model 06 XP/BVNL.

(5): State clearly the place of permanent residence or the name and address of the agency where the violator works; The location of the headquarters of the violating organization

(6): Clearly state the name, code, specifications, quantity, and condition of the items consistent with the Inspection Report and Administrative Offense Penalty Decision. If there are multiple items, prepare a List according to Model 06 XP/BVNL.

(7): Reason: Clearly state the Article violated

MODEL 08 XP/BVNL

(9): The Decision must be sent to those named in Articles 1 and 2; Other relevant agencies such as the Decision on administrative offense penalty and kept at the agency issuing the Decision. If the objects or means of violation have a value exceeding 5,000,000 VND, one copy must be sent to the People's Procuratorate at the same level for reporting.