Decree No. 128/2005/ND-CP on administrative violations in the fisheries sector

DECREE

Provisions on administrative violations in the fisheries sector

 

THE GOVERNMENT

 

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Fisheries Law dated November 26, 2003;

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;

At the proposal of the Minister of Fisheries,

 

DECREE:

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violation in the fisheries sector, forms of administrative penalties, penalty amounts, authority to impose penalties, procedures for imposing penalties, and measures to remedy consequences.

2. Administrative violations in the fisheries sector are acts that violate state management regulations in the fisheries sector, committed intentionally or negligently by organizations or individuals, which are not criminal offenses and must be subject to administrative penalties according to the Ordinance on Handling Administrative Violations and this Decree.

3. Administrative violations in the fisheries sector as specified in this Decree include:

a) Violations of regulations on protecting fishery resources;

b) Violations of regulations on fishing and managing fishing vessels;

c) Violations of regulations on aquaculture;

d) Violations of regulations on processing, trading, collecting, storing, transporting fishery products; food safety of fishery products;

e) Obstructing state management activities in the fisheries sector

4. The imposition of penalties for acts infringing upon Vietnam's maritime zones for fisheries activities shall be applied according to Articles 10 and 20 of Decree No. 137/2004/NĐ-CP dated June 16, 2004 of the Government on handling administrative violations in maritime zones and the continental shelf of the Socialist Republic of Vietnam.

Article 2. Persons subject to penalty

1. Vietnamese organizations and individuals, and foreign organizations and individuals committing administrative violations in the fisheries sector within the territory, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam shall be subject to penalties under this Decree and other relevant laws, except where international treaties to which Vietnam is a party provide otherwise.

2. The imposition of penalties on minors who commit administrative violations in the fisheries sector shall be carried out according to Article 7, Clause 1 and Clause 3 of the Ordinance on Handling Administrative Violations.

Article 3. Principles of Imposition of Sanctions

Principles for imposing administrative penalties in the fisheries sector shall be applied according to Article 3 of the Ordinance on Handling Administrative Violations and Article 3 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing certain provisions of the 2002 Ordinance on Handling Administrative Violations.

Article 4. Mitigating Circumstances and Aggravating Circumstances

Mitigating and aggravating circumstances applicable in the imposition of administrative penalties for violations stipulated in Chapter II of this Decree shall be implemented according to Article 8 and Article 9 of the Ordinance on Handling Administrative Violations and Article 6 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing certain provisions of the 2002 Ordinance on Handling Administrative Violations.

Article 5. Statute of Limitations for Administrative Sanctions

The statute of limitations for imposing administrative penalties in the fisheries sector is one year from the date of the administrative violation; for administrative violations related to the protection of living environments of aquatic species and import/export of aquatic products, the statute of limitations is two years.

If the time limits mentioned above have expired, penalties will not be imposed but measures to remedy consequences as provided for in this Decree will still be applied.

An authorized person imposing penalties who fails to impose penalties within the statute of limitations for administrative violations shall be dealt with according to Article 121 of the Ordinance on Handling Administrative Violations.

Calculation of statutes of limitations in handling administrative violations shall be carried out according to Clause 1 of Article 9 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing certain provisions of the 2002 Ordinance on Handling Administrative Violations.

Article 6. Period considered as not having been administratively punished

Organizations and individuals subject to administrative penalties, if they do not reoffend within one year from the date of completion of the penalty decision or from the expiration of the enforcement period of the penalty decision, shall be considered as not having been subject to administrative penalties.

Calculation of time periods in handling administrative violations shall be carried out according to Clause 2 of Article 9 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing certain provisions of the 2002 Ordinance on Handling Administrative Violations.

Article 7. Forms of administrative penalties and measures to remedy consequences

1. For each act of administrative violation, the violating organization or individual must bear one of the following main forms of administrative sanction:

a) Warning;

b) Fine.

2. In addition to the main forms of administrative penalty, depending on the nature and degree of violation, organizations and individuals violating administrative regulations in the fisheries sector may also be subject to one or more of the following supplementary forms of administrative penalty:

a) Suspension of the right to use licenses or certificates of practice for a limited or unlimited period.

b) Confiscation of objects and means used to commit administrative violations.

3. In addition to the main forms of administrative penalty and supplementary penalties prescribed in Clause 1 and Clause 2 of this Article, organizations and individuals violating administrative regulations may also be subject to one or more of the following measures to remedy consequences:

a) Compel restoration to the original state that was altered due to the administrative violation.

b) Compel implementation of measures to address environmental pollution and disease spread caused by the administrative violation.

c) Compelling removal from the territory of Vietnam or compelling re-export of goods, items, or means of transport;

d) Compel destruction of harmful items, animals, or plants that endanger human health, aquatic animals and plants, and cause environmental pollution.

Individuals and organizations violating administrative regulations must bear all costs associated with implementing the aforementioned measures.

Chapter II

VIOLATIONS OF ADMINISTRATIVE REGULATIONS IN THE FISHERIES SECTOR,

FORMS OF ADMINISTRATIVE PENALTIES AND AMOUNTS OF FINES

Section A

VIOLATIONS OF PROVISIONS ON THE PROTECTION OF AQUATIC RESOURCES

Article 8. Violations of provisions on protecting the living environment of aquatic species

1. Fine from VND 1,000,000 to VND 3,000,000 for discharging wastewater, oil, chemicals, toxic animals or plants, or other harmful waste into the natural living, breeding, and growth environments of aquatic species or into aquaculture environments, exceeding permitted standards less than twice.

2. Fine from VND 5,000,000 to VND 10,000,000 for discharging the waste specified in Clause 1 of this Article, exceeding permitted standards two times or more.

3. Fine from VND 15,000,000 to VND 30,000,000 for discharging particularly hazardous substances into the natural living, breeding, and growth environments of aquatic species or into aquaculture environments, exceeding permitted standards.

4. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on one of the following acts:

a) Demolishing or constructing floating or submerged structures in water areas without a permit from the competent authority or not in accordance with the provisions stated in the permit, thereby altering the habitat, growth, and breeding grounds of aquatic species.

b) Illegally exploiting, destroying coral reefs, submerged plant beds, mangrove forests, and other ecosystems, except for anchoring fishing vessels in cases of force majeure; storing, transporting, or selling coral illegally.

c) Illegally destroying or obstructing the natural migration routes of aquatic species.

5. Administrative penalties for violations of management regulations concerning inland water conservation zones and marine conservation areas related to the fisheries sector shall be implemented according to the provisions of Article 17 of Decree No. 121/2004/NĐ-CP dated May 12, 2004 of the Government on administrative penalties in the field of environmental protection.

6. Supplementary forms of administrative penalty and measures to remedy consequences:

a) Compel implementation of measures to address environmental pollution for the acts specified in Clause 1, Clause 2, and Clause 3 of this Article.

b) Compel restoration to the original state for the acts specified in point a of Clause 4 of this Article.

c) Confiscate the objects and means of violation (excluding fishing vessels) for the acts specified in Clause 4 of this Article.

Article 9. Violations of regulations on protecting aquatic species

1. The fine for the act of exploiting aquatic products if the quantity of aquatic species with sizes smaller than the permitted exploitation size exceeds the permitted exploitation limit shall be as follows:

a) A fine of from VND 500,000 to VND 1,500,000 if the quantity exceeds the permitted exploitation limit from 20 kg to less than 100 kg;

b) A fine of from VND 1,500,000 to VND 3,000,000 if the quantity exceeds the permitted exploitation limit from 100 kg to less than 500 kg;

c) A fine of from VND 3,000,000 to VND 5,000,000 if the quantity exceeds the permitted exploitation limit from 500 kg to less than 1,000 kg;

d) A fine of from VND 5,000,000 to VND 10,000,000 if the quantity exceeds the permitted exploitation limit over 1,000 kg.

2. The fine for the act of exploiting aquatic products in prohibited areas or during prohibited times shall be as follows:

a) A warning if it is the first violation and the quantity of aquatic products is under 10 kg;

b) A fine of from VND 1,000,000 to VND 3,000,000 if the quantity exceeds the permitted exploitation limit from 100 kg to less than 500 kg;

c) A fine of from VND 3,000,000 to VND 5,000,000 if the quantity exceeds the permitted exploitation limit from 500 kg to less than 1,000 kg;

d) A fine of from VND 5,000,000 to VND 10,000,000 if the quantity exceeds the permitted exploitation limit over 1,000 kg.

2. The fine for the act of exploiting aquatic products in prohibited areas or during prohibited times shall be as follows:

a) A warning if it is the first violation and the quantity of aquatic products is under 10 kg;

b) A fine of from VND 1,000,000 to VND 3,000,000 if the quantity of aquatic products is from 10 kg to less than 100 kg or the quantity of aquatic products is under 10 kg but repeated from the second time onwards;

c) A fine of from VND 3,000,000 to VND 5,000,000 if the quantity of aquatic products is from 100 kg to less than 500 kg;

d) A fine of from VND 5,000,000 to VND 10,000,000 if the quantity of aquatic products is from 500 kg to less than 1,000 kg;

đ) A fine of from VND 10,000,000 to VND 15,000,000 if the quantity of aquatic products is over 1,000 kg.

3. The fine for the act of exploiting aquatic species listed in the prohibited exploitation list shall be as follows:

a) A fine of from VND 5,000,000 to VND 8,000,000 if the quantity of aquatic products is under 50 kg;

b) A fine of from VND 8,000,000 to VND 12,000,000 if the quantity of aquatic products is from 50 kg to less than 100 kg;

c) A fine of from VND 12,000,000 to VND 15,000,000 if the quantity of aquatic products is from 100 kg to less than 300 kg;

d) A fine of from VND 15,000,000 to VND 20,000,000 if the quantity of aquatic products is from 300 kg to less than 500 kg;

đ) A fine of from VND 20,000,000 to VND 30,000,000 if the quantity of aquatic products is over 500 kg.

4. Additional forms of punishment and measures to remedy consequences:

a) Confiscation of illegally exploited aquatic products and ordering the release of live aquatic products back into their natural habitat for acts stipulated in Clause 1, Clause 2, and Clause 3 of this Article;

b) Confiscation of contraband items and means of transportation (except fishing vessels) and revocation of the right to use the permit for six months (if applicable) for acts stipulated in Clause 2 and Clause 3 of this Article in cases causing serious consequences.

Section B

VIOLATIONS OF REGULATIONS ON EXPLOITING AQUATIC PRODUCTS AND MANAGING FISHING VESSELS

Article 10. Violations of regulations on exploiting aquatic products

1. Warning or a fine of from VND 100,000 to VND 200,000 for any of the following acts:

a) Fishing vessels not equipped with sufficient life-saving equipment, weather forecasting means, or communication equipment (as specified by the Ministry of Fisheries);

b) Not having a Logbook of Fishing Activities, not recording fishing activities in the Logbook, or not reporting fishing activities according to the regulations of the Ministry of Fisheries;

c) Not marking fishing gear currently in use at fishing grounds with easily recognizable signs as specified by the Ministry of Fisheries;

d) Dumping fishing gear into natural waters except in cases of force majeure.

2. A fine of from VND 200,000 to VND 300,000 for the act of:

a) Using lighting to exploit aquatic products where the total power of lights exceeds the prescribed limit or the distance between clusters of lights placed in water does not comply with the regulations of the Ministry of Fisheries;

b) Using nets with mesh sizes smaller than the prescribed limit to exploit aquatic products.

3. The fine for using an expired Aquatic Product Exploitation Permit shall be as follows:

a) A warning for cases where the Permit has expired for no more than 30 days;

b) A fine as stipulated in Clause 7 of this Article for cases where the Permit has expired for 30 days or more.

4. The fine for operating contrary to the contents recorded in the Aquatic Product Exploitation Permit regarding the type of exploitation or the exploitation route shall be as follows:

a) A fine of from VND 200,000 to VND 500,000 for cases where a fishing vessel without an engine or with an engine main power capacity below 30 horsepower is used;

b) A fine of from VND 500,000 to VND 1,500,000 for cases where a fishing vessel with an engine main power capacity from 30 to less than 90 horsepower is used;

c) A fine of from VND 1,500,000 to VND 3,000,000 for cases where a fishing vessel with an engine main power capacity from 90 to less than 200 horsepower is used;

d) A fine of from VND 3,000,000 to VND 5,000,000 for cases where a fishing vessel with an engine main power capacity of 200 horsepower or more is used.

5. A fine of from VND 3,000,000 to VND 5,000,000 for any of the following acts:

a) Using or storing toxic chemicals or plants containing toxins on fishing vessels to exploit aquatic products;

b) Using fishing tools listed in the prohibited use list as specified by the Ministry of Fisheries, except when such tools have been approved by authorized fisheries management agencies to harvest their own farmed aquatic products.

6. The fine for storing, using electric shock devices or directly using electricity from generators on fishing vessels to exploit aquatic products shall be as follows:

a) A fine of from VND 1,000,000 to VND 2,000,000 for cases where a fishing vessel without an engine or with an engine main power capacity below 30 horsepower is used;

b) A fine of from VND 2,000,000 to VND 4,000,000 for cases where a fishing vessel with an engine main power capacity from 30 to less than 90 horsepower is used;

c) A fine of from VND 4,000,000 to VND 6,000,000 for cases where a fishing vessel with an engine main power capacity of 90 horsepower or more is used.

7. The fine for exploiting aquatic products using fishing vessels with a carrying capacity of 0.5 tons or more without an Aquatic Product Exploitation Permit shall be as follows:

a) A fine of VND 500,000 to VND 1,500,000 for the case of using fishing vessels without engines or with main engine total power under 30 horsepower;

b) A fine of VND 2,000,000 to VND 5,000,000 for the case of using fishing vessels with engines with main engine total power from 30 to under 90 horsepower;

c) A fine of VND 5,000,000 to VND 8,000,000 for the case of using fishing vessels with engines with main engine total power from 90 to under 200 horsepower;

d) A fine of VND 8,000,000 to VND 10,000,000 for the case of using fishing vessels with engines with main engine total power of 200 horsepower or more.

8. The level of fine for the act of using counterfeit, erased, or altered Fishing Licenses shall be as follows:

a) A fine of VND 1,000,000 to VND 3,000,000 for the case of using fishing vessels without engines or with main engine total power under 30 horsepower;

b) A fine of VND 3,000,000 to VND 6,000,000 for the case of using fishing vessels with engines with main engine total power from 30 to under 90 horsepower;

c) A fine of VND 6,000,000 to VND 10,000,000 for the case of using fishing vessels with engines with main engine total power from 90 to under 200 horsepower;

d) A fine of VND 10,000,000 to VND 15,000,000 for the case of using fishing vessels with engines with main engine total power of 200 horsepower or more.

9. A fine of VND 5,000,000 to VND 10,000,000 for the act of using explosives to fish or illegally storing explosives, detonators, and slow-burning fuses on fishing vessels.

10. The penalty for violations of regulations concerning the maintenance of traffic order and safety on inland waterways during fishing operations shall be carried out according to Article 11 of Decree No. 09/2005/NĐ-CP dated January 27, 2005, stipulating administrative penalties in the field of inland waterway traffic.

11. Additional forms of punishment and measures to remedy consequences:

a) Compel compliance with the regulations of the Ministry of Fisheries for the acts specified in points a and b of Clause 1 of this Article;

b) Confiscate the corresponding number of lamps exceeding the prescribed power for the act specified in point a of Clause 2 of this Article;

c) Confiscate the net parts with mesh sizes smaller than the prescribed size for the act specified in point b of Clause 2 of this Article;

d) Confiscate the aquatic products that have been harvested for the acts specified in Clauses 2, 3, 4, point b of Clause 5, Clauses 6, 7, 8, and 9 of this Article;

đ) Compel the destruction of the harvested aquatic products and various toxic chemicals and poisonous plants for the act specified in point a of Clause 5 of this Article;

e) Confiscate and destroy prohibited fishing gear for the acts specified in point b of Clause 5, Clause 6, and Clause 9 of this Article;

g) Confiscate and invalidate counterfeit licenses, licenses that have been erased or altered for the act specified in Clause 8 of this Article;

h) Confiscate explosives, detonators, and slow-burning fuses stored on fishing vessels for the violation specified in Clause 9 of this Article; confiscate the fishing vessel in cases of repeated use of explosives for fishing.

Article 11. Violations of regulations on managing fishing vessels

1. Warning or a fine of VND 50,000 to VND 150,000 for one of the following acts:

a) Failure to comply with the regulations of the Ministry of Fisheries regarding food hygiene and safety conditions on fishing vessels;

b) Using life-saving equipment that has not been inspected and approved by the competent authority;

c) Fishermen operating on fishing vessels who do not carry their Seafarer's Logbook or National Identity Card as required by law;

d) Not writing the registration number of the fishing vessel that has been issued or writing it incorrectly or making it unclear;

đ) Not having a Seafarer's Register for the type of vessel required to have such a register.

2. A fine of VND 200,000 to VND 300,000 for one of the following acts:

a) Violating port rules or causing disorder at ports or wharfs;

b) The owner of a distant-water fishing vessel does not purchase insurance for each crew member.

3. Penalties for fishing vessels violating regulations on responsibilities when a waterway traffic accident occurs; inspection and control regulations on inland waterways; traffic rules and signal regulations for vessels operating on inland waterways shall be implemented according to Articles 20, 21, 22, and 23 of Decree No. 09/2005/NĐ-CP dated January 27, 2005, stipulating administrative penalties in the field of inland waterway traffic.

4. A fine of VND 300,000 to VND 700,000 for one of the following acts:

a) Not marking the fishing vessel in accordance with the permitted sea route as stipulated by law;

b) The person operating the fishing vessel or running the engine does not have the necessary certificates as required by law.

5. The level of fine for the act of using a fishing vessel whose Safety Technical Certificate has expired as follows:

a) Warning for the case where the certificate has expired for no more than 30 days;

b) A fine of VND 200,000 to VND 500,000 for the case where the certificate has expired for 30 to 60 days;

c) A fine of VND 500,000 to VND 1,500,000 for the case where the certificate has expired for over 60 days.

6. A fine of VND 500,000 to VND 1,500,000 for one of the following acts:

a) Using a fishing vessel that has not been registered or inspected as required by law for fishing activities;

b) Not re-registering or re-inspecting a fishing vessel that requires inspection after modification.

7. A fine of VND 1,000,000 to VND 3,000,000 for one of the following acts:

a) Using a fake Master's license or Engineer's license to operate a fishing vessel;

b) Using fake or altered registration and inspection documents for fishing vessels;

c) Not equipping the necessary safety equipment for people and vessels as required by law.

8. A fine of VND 2,000,000 to VND 4,000,000 for the owner of a fishing vessel when building or modifying a fishing vessel that requires inspection, if they commit one of the following acts:

a) Without permission from the competent authority;

b) Without design documentation approved by the competent authority.

9. Additional forms of punishment and measures to remedy consequences:

a) Compel compliance with the regulations of the Fisheries Department regarding the acts specified in Clauses 1, 2, 3, 4, 5, 6, 7, and 8 of this Article;

b) Confiscate and destroy counterfeit documents, documents that have been erased or altered for the acts specified in Points a and b of Clause 7 of this Article.

Section C

VIOLATIONS OF AQUACULTURE REGULATIONS

Article 12. Violations of regulations on aquatic animal breeding stock

1. The imposition of administrative penalties for violations in the field of livestock and plant breeding stock shall be carried out in accordance with the provisions of Decree No. 47/2005/NĐ-CP dated April 8, 2005 of the Government on administrative penalties in the field of livestock breeding stock, Decree No. 57/2005/NĐ-CP dated April 27, 2005 of the Government on administrative penalties in the field of plant breeding stock, and the provisions of Clauses 2, 3, 4, 5, and 6 of this Article.

2. A fine of from VND 500,000 to VND 1,500,000 shall be imposed on production and business establishments that engage in one of the following acts:

a) The construction site of the establishment does not comply with the planning;

b) Failing to ensure veterinary hygiene standards and environmental protection requirements for ponds, tanks, equipment, water supply systems, and wastewater treatment systems in the production and business of aquatic breeding stock as stipulated by the Fisheries Department;

c) Using feed, veterinary drugs, biological preparations, microorganisms, chemicals in the production and business of aquatic breeding stock beyond their expiration date.

3. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed on the act of using feed, veterinary drugs, biological preparations, microorganisms, chemicals in the production and business of aquatic breeding stock containing substances listed in the restricted use directory without complying with the regulations of the Fisheries Department.

4. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on the act of using feed, veterinary drugs, biological preparations, microorganisms, chemicals in the production and business of aquatic breeding stock listed in the prohibited use and circulation directory in Vietnam as prescribed by the Fisheries Department;

5. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on the act of producing, trading, transporting aquatic breeding stock or releasing them into the natural environment without being listed in the directory of permitted aquatic breeding stock production and trade.

6. Supplementary forms of administrative penalty and measures to remedy consequences:

a) Compel compliance with relevant laws for the acts specified in Point a and b of Clause 2 of this Article;

b) Compel destruction of feed, veterinary drugs, biological preparations, microorganisms, chemicals used in the production and business of aquatic breeding stock beyond their expiration date or listed in the prohibited directory for the acts specified in Point 2 of Clause 2, Clause 3, and Clause 4 of this Article;

c) Confiscate aquatic products and compel the production establishment to comply with the legal provisions on testing new breeding stock; compel the release of rare aquatic species back into their natural habitat, and compel the destruction of harmful alien species for the acts specified in Clause 5 of this Article.

Article 13. Violations of aquaculture regulations

1. A fine of from VND 500,000 to VND 1,500,000 shall be imposed on aquaculture establishments that engage in one of the following acts:

a) The construction site of the establishment does not comply with the planning, except for small-scale establishments as defined by the Fisheries Department;

b) Failing to ensure veterinary hygiene standards and environmental protection requirements as stipulated by law;

c) Using feed, veterinary drugs, biological preparations, microorganisms, chemicals containing substances listed in the restricted use directory without complying with the regulations of the Fisheries Department;

d) Using feed, drugs, biological preparations, microorganisms, chemicals beyond their expiration date;

đ) Failing to comply with the Fisheries Department's regulations on monitoring residues of harmful substances in farmed aquatic animals and aquatic animal products;

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on any of the following acts:

a) Using feed for aquaculture, veterinary drugs, biological preparations, microorganisms, chemicals not listed in the directory of permitted circulation in Vietnam or containing substances listed in the prohibited use directory;

b) Raising and cultivating aquatic species listed in the directory of prohibited aquaculture species and not listed in the directory of permitted production and trade in Vietnam as prescribed by the Fisheries Department;

c) Raising and cultivating aquatic species listed in the directory of restricted aquaculture species without complying with the regulations of the Fisheries Department or local regulations.

3. Additional forms of punishment and measures to mitigate consequences:

a) Compel compliance with the law for the acts specified in Point a, b, đ of Clause 1, Point c of Clause 2 of this Article;

b) Compel destruction of feed for aquaculture, drugs, biological preparations, microorganisms, chemicals beyond their expiration date or listed in the prohibited use directory or not listed in the directory of permitted circulation in Vietnam for the acts specified in Point c and d of Clause 1, Point a of Clause 2 of this Article.

c) Confiscate farmed aquatic products for the acts specified in Point b of Clause 2 of this Article;

Article 14. Violations of regulations on disease prevention, animal quarantine, aquatic animal products

1. A fine of from VND 500,000 to VND 1,500,000 for failing to implement mandatory disease prevention measures as prescribed by the Ministry of Fisheries.

2. A fine of from VND 1,000,000 to VND 2,000,000 for any of the following acts:

a) Failing to implement preventive and control measures against aquatic animal diseases when there is a decision to declare an epidemic;

b) Bringing into or taking out of an epidemic area aquatic animals and aquatic animal products that are susceptible to disease;

c) Taking out of an epidemic area feed for livestock, livestock equipment, and aquatic animal waste that have the potential to spread declared diseases;

d) Transporting aquatic animals susceptible to declared diseases through an epidemic area without permission from the competent authority;

đ) Failing to isolate diseased, infected, or recorded infectious aquatic animals;

e) Failing to comply with regulations on handling diseased, suspected infectious aquatic animals;

g) Failing to comply with regulations on sampling for diagnosis and testing of diseases periodically by the aquatic animal veterinary authority;

h) Failing to comply with regular veterinary sanitary inspections as prescribed by law;

3. A fine of from VND 2,000,000 to VND 4,000,000 for any of the following acts:

a) Failing to declare and submit quarantine documentation as prescribed by law when transporting or circulating aquatic animals, aquatic animal products listed in the quarantine-required aquatic animals and aquatic animal products list;

b) Failing to register, declare, and submit quarantine documentation as prescribed by law when exporting, importing, temporarily importing for re-export, temporarily exporting for re-import, transferring, or transiting through the territory of Vietnam various types of aquatic animals, aquatic animal products;

c) Failing to conduct quarantine of aquatic animal breeds before moving them out of the breeding facility;

d) Transporting aquatic animal breeds without a quarantine certificate or exceeding the quantity of breeds indicated in the quarantine certificate;

đ) Failing to conduct quarantine of commercial aquatic animals, aquatic animal products before moving them out of the district where an aquatic animal epidemic is occurring;

4. A fine of from VND 3,000,000 to VND 5,000,000 for using a forged quarantine certificate or erasing, altering it;

5. A fine of from VND 5,000,000 to VND 10,000,000 for any of the following acts:

a) Dumping, discharging feed for livestock, washing water, carcasses of diseased aquatic animals into natural waters or other aquaculture areas;

b) Discharging untreated or inadequately treated effluents from epidemic areas into other aquaculture areas;

6. Measures to remedy consequences:

a) Order to implement disease prevention measures for the acts specified in Clause 1, Points 1, d, đ, e, g, and h of Clause 2 of this Article;

b) Order to destroy diseased aquatic animals, feed for livestock, or diseased aquatic animal waste for the acts specified in Points b and c of Clause 2 of this Article;

c) Order to comply with quarantine regulations for the acts specified in Clause 3 of this Article;

d) Confiscate and destroy fake certificates; confiscate certificates that have been erased or altered for the act specified in Clause 4 of this Article;

đ) Order to take remedial measures to address water environmental pollution for the act specified in Clause 5 of this Article.

Section D

VIOLATIONS OF PROVISIONS ON PROCESSING, TRADING, COLLECTING,

STORING, TRANSPORTING AQUATIC PRODUCTS, AND FOOD SAFETY FOR AQUATIC PRODUCTS

AQUACULTURE AND FISHERIES

Article 15. Violations of provisions on processing aquatic products

1. A fine of from three million to five million Vietnamese dong shall be imposed on processing establishments that commit one of the following acts:

a) Constructing new facilities without following the planning scheme;

b) Not declaring the quality of their products or not conforming to mandatory standards;

c) Not ensuring product quality according to the standards they have declared;

d) Processing aquatic species during the period when harvesting is prohibited nationwide;

đ) Using banned additives, chemicals not permitted for circulation in Vietnam, or using them contrary to legal regulations.

2. A fine of from five million to seven million Vietnamese dong shall be imposed on industrial processing establishments that commit one of the following acts:

a) Not having technical staff or technicians with the required qualifications as stipulated by the Ministry of Fisheries;

b) Not applying a quality management system and not being recognized by competent state management authorities regarding product quality;

c) Raw materials for processing lacking clear origin or not meeting veterinary hygiene standards.

3. A fine of from eight million to twelve million Vietnamese dong shall be imposed on the act of processing aquatic species listed in the prohibited harvesting list.

4. A fine of from fifteen million to twenty million Vietnamese dong shall be imposed on the act of processing aquatic products originating from restricted harvesting areas.

5. Additional forms of punishment and measures to remedy consequences:

a) Compelling compliance with legal provisions for acts specified in points a and b, Clause 1, and Clause 2 of this Article;

b) Confiscating aquatic products and processed aquatic products for acts specified in point c, Clause 1, point c, Clause 2, and Clause 3 of this Article;

c) Compelling the destruction of aquatic products and processed aquatic products for acts specified in Clause 4 of this Article.

Article 16. Violations of provisions on trading, collecting, storing, and transporting aquatic products

1. A fine of from one million to three million Vietnamese dong shall be imposed on the act of trading, collecting, storing, transporting live or processed aquatic products that do not meet veterinary hygiene standards as prescribed by law.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on any of the following acts:

a) Collecting, storing, transporting, and trading aquatic species harvested during periods when harvesting is prohibited nationwide or harvested using explosives or electric shocks;

b) Collecting, storing, transporting, and trading aquatic products originating from restricted harvesting areas;

c) Using banned veterinary drugs, chemicals, or processing additives not permitted for circulation in Vietnam or using them contrary to legal regulations.

3. A fine of from five million to ten million Vietnamese dong shall be imposed on the act of collecting, storing, transporting, and trading aquatic species listed in the prohibited harvesting list.

4. Additional forms of punishment and measures to remedy consequences:

Confiscating aquatic products and compelling the release of live aquatic products back into their natural habitat for acts specified in Clauses 2 and 3 of this Article.

Article 17. Violations of provisions on food safety in the field of aquatic products

Penalties for violations of food safety regulations shall be implemented in accordance with Article 15 of Decree No. 45/2005/NĐ-CP dated April 6, 2005, of the Government on administrative penalties in the health sector.

M |||

VI VIOLATIONS OF PROVISIONS ON AQUATIC PRODUCTS SERVICE INDUSTRIES

Article 18. Violations of provisions on production, business, export, and import of aquatic animal feed, drugs, biological products, microorganisms, and chemicals used in aquaculture activities

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on the owner or person directly selling goods at a business establishment dealing with aquatic veterinary drugs, biological products, microorganisms, and chemicals used in aquaculture activities without a Veterinary Practice Certificate issued by the competent authority.

2. A fine of from VND 1,000,000 to VND 2,000,000 for any of the following acts:

a) The owner or technical manager of a production, export, or import establishment for aquatic veterinary drugs, biological products, microorganisms, and chemicals used in aquaculture activities without a Veterinary Practice Certificate issued by the competent authority;

b) A person holding a Veterinary Practice Certificate for aquatic animals as stipulated in Clause 1, Point a, Clause 2 of this Article who leases or lends out their Veterinary Practice Certificate.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Violation of hygiene conditions for aquatic veterinary establishments engaged in the production and sale of aquatic animal feed; veterinary drugs, biological products, microorganisms, and chemicals used in aquaculture activities;

b) Using false or tampered Veterinary Practice Certificates for aquatic animals as stipulated in Clause 1 and Clause 2 of this Article.

4. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed on any of the following acts:

a) Production, business, or import establishments for various types of aquatic animal feed; veterinary drugs, biological products, microorganisms, and chemicals used in aquaculture activities that fail to declare product quality standards as required by law;

b) Business establishments for various types of aquatic animal feed; veterinary drugs, biological products, microorganisms, and chemicals used in aquaculture activities that exceed their expiration dates;

c) Production establishments for veterinary drugs, biological products, microorganisms, and chemicals used in aquaculture activities that have been registered for circulation but make changes in any of the following situations without resubmitting registration documents: changing ingredients or formula; changing dosage form; changing quality standards; changing usage methods; changing production methods or procedures affecting product quality; re-evaluating product quality, efficacy, and safety according to legal regulations.

5. A fine of from VND 7,000,000 to VND 10,000,000 shall be imposed on any of the following acts of producing, trading, storing, or transporting aquatic animal feed, veterinary drugs, biological products, microorganisms, and chemicals used in aquaculture activities:

a) Not listed in the permitted circulation directory in Vietnam as prescribed by the Ministry of Agriculture and Rural Development;

b) Prohibited from use as prescribed by the Ministry of Agriculture and Rural Development;

c) Not meeting hygiene standards as prescribed by the Ministry of Agriculture and Rural Development;

d) Of unknown origin.

6. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed if the violation stipulated in Clause 5 of this Article is committed by organizations or individuals involved in import and export activities.

7. Additional forms of punishment and measures to remedy consequences:

a) Order compliance with legal provisions for the acts stipulated in Clause 1, Point a, Clause 2, Point a, Clause 3, Points a and c, Clause 4 of this Article;

b) Suspension of the right to use the Veterinary Practice Certificate for aquatic animals for the act stipulated in Point b, Clause 2 of this Article;

c) Confiscation and destruction of false or tampered Veterinary Practice Certificates for aquatic animals for the act stipulated in Point b, Clause 3 of this Article;

d) Confiscation of goods for the act stipulated in Point a, Clause 4 of this Article;

đ) Order destruction of goods for the acts stipulated in Points b and c, Clause 4, Clauses 5 and 6 of this Article.

Article 19. Violations of regulations on aquatic veterinary services

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed on individuals practicing diagnosis, prescribing, treating, caring for the health of aquatic animals, consulting, and providing technical services related to aquatic veterinary without a valid Aquatic Veterinary Practice Certificate issued by the competent authority or using an expired certificate.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on any of the following acts:

a) The owner or technical manager of testing facilities for aquatic veterinary drugs, biological products, microorganisms, chemicals used in aquaculture activities without a valid Aquatic Veterinary Practice Certificate issued by the competent authority;

b) The owner or technical manager of disease diagnostic laboratories for aquatic animals without a valid Aquatic Veterinary Practice Certificate issued by the competent authority;

c) Individuals holding an Aquatic Veterinary Practice Certificate as stipulated in Clause 1 and Points a and b of Clause 2 of this Article who lease or lend their practice certificates to others.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of using a fake or altered Aquatic Veterinary Practice Certificate as stipulated in Clause 1 and Points a and b of Clause 2 of this Article.

4. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed on violations of hygiene conditions for testing facilities for aquatic veterinary drugs, biological products, microorganisms, chemicals used in aquaculture activities.

5. Additional forms of punishment:

a) Order compliance with relevant laws for acts stipulated in Clause 1, Points a and b of Clause 2, and Clause 4 of this Article;

b) Suspend the right to use the Aquatic Veterinary Practice Certificate for three months for the act stipulated in Point c of Clause 2 of this Article;

c) Confiscate and destroy fake or altered Aquatic Veterinary Practice Certificates for the act stipulated in Clause 3 of this Article.

Article 20. Violations of regulations on production and business of lifesaving equipment

1. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed on the following acts:

a) Producing lifesaving equipment that does not meet quality standards as published;

b) Trading in lifesaving equipment that has not been inspected.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of trading in lifesaving equipment beyond its expiry date.

3. Additional forms of punishment and measures to mitigate consequences:

a) Confiscate goods for the act stipulated in Point a of Clause 1 of this Article;

b) Order inspection for the act stipulated in Point b of Clause 1 of this Article;

c) Order destruction of goods for the act stipulated in Clause 2 of this Article.

Article 21. Violations of regulations on fishery port operations

1. A fine of VND 100,000 to VND 200,000 shall be imposed on the act of throwing or dumping garbage or other objects from fishing vessels into the water where the vessel is moored or at the wharf.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on one of the following acts:

a) Fishery ports without a Food Safety Condition Certificate issued by the competent authority;

b) Fishery ports and wharfs failing to comply with or complying inadequately with the management regulations of the Ministry of Fisheries or the People's Committee of the province regarding fishery ports and wharfs.

3. Measures to remedy consequences:

a) Order remedial measures to be taken for the acts stipulated in Clause 1 of this Article;

b) Order compliance with the regulations of the Ministry of Fisheries or the People's Committee of the province for the acts stipulated in Clause 2 of this Article.

Article 22. Violation of provisions on business conditions for new construction and modification facilities of fishing vessels

1. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed on new construction or modification facilities of fishing vessels that commit any of the following acts:

a) The construction site of the establishment does not comply with the planning;

b) The workshop and equipment do not meet technical requirements as prescribed by the Fisheries Department;

c) The wastewater treatment system and solid waste disposal system do not comply with environmental protection requirements as prescribed by law;

d) Lack of technical staff with qualifications as prescribed by law on business conditions for certain fisheries industries and trades;

đ) New construction or modification of fishing vessels without a permit document from the competent authority;

2. Measures to remedy consequences:

Order compliance with legal provisions for the act stipulated in Clause 1 of this Article.

Article 23. Violation of provisions on production and business conditions for fishing gear and fishing equipment

1. A fine of from VND 500,000 to VND 1,500,000 shall be imposed on facilities that commit any of the following acts:

a) Technical infrastructure does not meet environmental protection standards as prescribed by law;

b) Production facilities lack technical staff with specialized qualifications as prescribed by law;

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on any of the following acts:

a) Release fishing equipment into circulation without inspection;

b) Trade in fishing equipment without inspection;

c) Produce and trade in types of fishing gear and fishing equipment that do not meet quality standards for goods as prescribed by law;

d) Produce, trade, store, or transport types of fishing gear and fishing equipment prohibited for use as specified by the Fisheries Department or the People's Committee of the province;

3. Additional forms of punishment and measures to mitigate consequences:

a) Order compliance with legal provisions on business conditions for the act stipulated at Clause 1, Point a and b of Clause 2 of this Article;

b) Confiscate goods for the act stipulated at Point c and d of Clause 2 of this Article.

Section E

OBSTRUCTION OF STATE MANAGEMENT ACTIVITIES IN THE FISHERIES SECTOR

Article 24. Penalty for obstructing state management activities in the fisheries sector

1. Warning or a fine of from VND 100,000 to VND 200,000 shall be imposed for obstructing investigation, exploration of fishery resources; protecting fishery resources; collecting data to assess the current status of various fisheries sectors.

2. A fine of from VND 500,000 to VND 1,500,000 shall be imposed for obstructing inspection and supervision work of state management agencies in the fisheries sector.

3. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for any of the following acts:

a) Insulting, humiliating, or resisting persons performing inspection and supervision duties;

b) Intentionally delaying or evading execution of administrative decisions of authorized persons or agencies.

4. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed for any of the following acts:

a) Unauthorized removal of seals on evidence, means of transportation, or premises under seal or temporary detention, or unauthorized alteration of the scene of administrative violation;

b) Concealment, alteration, or substitution of evidence or means of transportation under inspection or temporary detention.

5. Additional forms of punishment and measures to remedy consequences:

a) Order execution of decisions of authorized agencies or persons for the acts stipulated in Clauses 1 and 2, and Point b of Clause 3 of this Article;

b) Recovery of concealed evidence or means of transportation for the act stipulated in Point b of Clause 4 of this Article.

Chapter III

AUTHORITY, PROCEDURES FOR ADMINISTRATIVE PENALTIES AND ENFORCEMENT OF DECISIONS ON ADMINISTRATIVE PENALTIES

VIOLATIONS OF ADMINISTRATIVE LAW IN THE FISHERIES SECTOR

Article 25. Competence of People's Committees at all levels

The Chairperson of People's Committees at all levels has the authority to impose administrative sanctions in the field of fisheries as prescribed in Articles 28, 29, and 30 of the Administrative Violation Handling Ordinance.

Article 26. Tasks and Authorities of the Fisheries Inspection Agency

The authority to impose administrative sanctions for violations in the field of fisheries for specialized Fisheries Inspectors at all levels, the Chief of the specialized Fisheries Inspection Agency under the Fisheries Department or the Department of Agriculture and Rural Development that manages fisheries, and the Chief of the specialized Fisheries Inspection Agency under the Ministry of Fisheries shall be carried out according to Article 38 of the Administrative Violation Handling Ordinance and Decree No. 107/2005/NĐ-CP dated August 17, 2005 of the Government on the organization and operation of fisheries inspection.

Article 27. Competence of the People's Public Security Organs, Border Guard Force, Coast Guard, Customs, Tax Authority, Market Management Agency, Director of Maritime Port Inspection, Director of Inland Waterway Port Inspection

1. Persons with authority from the following agencies: People's Public Security Organs, Coast Guard, Border Guard Force, Customs, Market Management Agency, Tax Authority, Director of Maritime Port Inspection, Director of Inland Waterway Port Inspection as prescribed in Articles 31, 32, 33, 34, 36, 37, and 39 of the Administrative Violation Handling Ordinance have the authority to impose administrative sanctions in the field of fisheries according to this Decree for acts of administrative violations related to their respective fields of management.

2. The principle for determining the authority to impose administrative sanctions in the field of fisheries shall be implemented according to the provisions of Article 42 of the Administrative Violation Handling Ordinance.

Article 28. Procedure for Imposing Administrative Sanctions

1. When imposing administrative sanctions, the person authorized to impose sanctions must strictly follow the procedures prescribed from Article 53 to Article 63 of the Administrative Violation Handling Ordinance.

2. For contraband items seized that can cause explosions such as explosives, detonators, slow-burning fuses..., the person authorized to impose sanctions must promptly transfer them to the local public security agency or military unit for management in accordance with the Government's regulations on the management of weapons, explosives, and auxiliary tools; when transferring, a record must be made with signatures of the person authorized to impose sanctions and the representative of the receiving party, and the record must be made in at least two copies.

3. Organizations and individuals whose contraband items are subject to destruction must bear all costs for disposal. If the owner of the contraband item cannot be identified or if the owner has fled, the disposal expenses will be covered from the local government budget.

Article 29. Transfer of Administrative Sanction Decision for Enforcement

1. In cases where an individual or organization commits an act of administrative violation in one locality but resides or has its headquarters in another locality without the conditions to comply with the administrative sanction decision at the place of violation, the administrative sanction decision shall be transferred to the competent authority to impose administrative sanctions at the same level in the place of residence of the individual or the location of the organization's headquarters for enforcement; if there is no competent authority to impose administrative sanctions at the same level in the place of residence of the individual or the location of the organization's headquarters, the administrative sanction decision shall be transferred to the People's Committee of the district for enforcement. The administrative sanction file shall be retained by the agency issuing the violation handling decision.

2. The agency receiving the transferred administrative sanction decision shall be responsible for delivering the decision and organizing its enforcement against the individual or organization being sanctioned in accordance with Article 64 of the Administrative Violation Handling Ordinance and informing the agency transferring the decision of the results.

3. The transfer of an administrative sanction decision shall only apply to collecting fines. Additional forms of administrative sanctions and measures to mitigate consequences (if any) must be implemented immediately at the place of violation. If the violator does not voluntarily comply or does not have the conditions to comply with the measures to mitigate consequences (if any), the costs for implementing these measures shall be clearly stated in the administrative sanction decision for transferring the decision.

Article 30. Application of measures to prevent administrative violations and ensure the enforcement of administrative penalties

1. The measures to prevent administrative violations and ensure the enforcement of administrative penalties, as well as the procedures for their application, are stipulated in Article 43 of the Administrative Violation Handling Ordinance.

2. The authority, procedure, and process for applying preventive measures against administrative violations and ensuring the enforcement of administrative penalties in the fisheries sector shall be carried out in accordance with the provisions from Article 44 to Article 49 of the Administrative Violation Handling Ordinance.

Article 31. Handling violations by persons authorized to handle administrative violations

The handling of violations by persons authorized to handle administrative violations in the fisheries sector shall comply with the provisions of Article 121 of the Administrative Violation Handling Ordinance.

Article 32. Appeal and Complaint

The right of organizations and individuals to appeal decisions on administrative penalties, decisions on applying preventive measures, and ensuring the handling of administrative violations; the right of citizens to report illegal acts in the handling of administrative violations; the authority, procedure, and time limit for resolving appeals and reports shall be implemented in accordance with the provisions of Article 118 of the Administrative Violation Handling Ordinance.

Chapter IV

IMPLEMENTING PROVISIONS

Article 33. Effectiveness of the Decree

1. This Decree shall take effect fifteen days from the date of publication in the Official Gazette.

2. This Decree replaces Decree No. 70/2003/NĐ-CP dated June 17, 2003 of the Government on the imposition of administrative penalties in the fisheries sector.

3. All previous regulations on administrative penalties in the fisheries sector that conflict with this Decree are hereby abolished.

Article 34. Responsibility for guiding and implementing the Decree

1. The Minister of Fisheries shall be responsible for guiding and supervising the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decree./.