Circular No. 08/2018/TT-BGTVT stipulates the model records and decisions to be used in administrative penalties in the maritime sector.

CIRCULAR

Prescribing the model record and the model decision for use in administrative penalty in the maritime sector

 administrative violations in the maritime sector

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Pursuant to the Maritime Code of Vietnam hdated 25 ENVIRONMENTJune 2024;energy 11 Pursuant to Decree No. 32/2019/NĐ-CP dated April 10, 2019 of the Government on assigning tasks, procurement or tendering for the supply of products and services using state budget from regular operating expenses;15;

Pursuant to the Law xđổ reason administrative violations on February 20 6 Pursuant to the Ordinance on Consolidating Normative Legal Documents dated March 22

Pursuant to Decree No. 12/2017/NĐ-CP dated February 10, 2017, issued by the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

Pursuant to Decree No. 97/2017/NĐ-CP dated August 18, 2017 of the Government amending and supplementing some articles of Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing some provisions and measures to implement the Law on Handling Administrative Violations;

At the proposal of the Director of the Legal Department and the Director General of the Vietnam Maritime Administration;

The Minister of Transport hereby issues this Circular prescribing the model record and the model decision for use in administrative penalty in the maritime sector.

Article 1. Scope of Regulation

This Circular prescribes the model record and the model decision (hereinafter referred to as the forms) for use in administrative penalty in the maritime sector.

Article 2. Applicability

This Circular applies to individuals and organizations that commit administrative violations in the maritime sector; persons authorized to issue administrative violation records, persons authorized to impose administrative penalties, and organizations and individuals related to the issuance of administrative violation records and the issuance of administrative penalty decisions in the maritime sector.

Article 3. Forms used in administrative penalty in the maritime sector

1. Attached to this Circular are Appendices containing the forms used in administrative penalty in the maritime sector.

2. In addition to the forms attached to this Circular, competent authorities may also use other forms issued together with Decree No. 97/2017/NĐ-CP dated August 18, 2017 of the Government amending and supplementing some articles of Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing some provisions and measures to implement the Law on Handling Administrative Violations.

3. Depending on specific cases, the forms may be supplemented with additional lines in the criteria to ensure sufficient content when imposing administrative penalties.

Article 4. Effective date

1. This Circular takes effect from April 15, 2018.

2. Repeal Circular No. 32/2013/TT-BGTVT dated October 15, 2013 of the Minister of Transport promulgating the model record and the model decision for administrative penalty in the maritime transport and inland waterway sectors.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

The Head of the Office of the Ministry, the Inspector General of the Ministry, the Heads of Departments, the Director of the Vietnam Maritime Administration, the Heads of agencies, organizations, and individuals concerned are responsible for implementing this Circular./.