Decree No. 132/2015/ND-CP on administrative sanctions for violations in the inland waterway transport sector

DECREE

Regulations on Administrative Sanctions for Violations in the Field of Inland Waterway Transport

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Based on the Law on Government Organization dated June 25, 1Based on the Law on Gender Equality dated November 29,1;

Pursuant to the Law on Administrative Sanctions dated June 20, 20 reason Pursuant to the Law on Inland Waterway Transport dated June 5, 2004 and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport dated June 7, 2014;12;

This Decree prescribes administrative sanctions for violations in the field of inland waterway transport. 1Article 1. Scope of Regulation, amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CP1. This Decree stipulates acts of administrative violation, forms of administrative sanction, levels of administrative sanction, measures to remedy consequences of administrative violations, and the authority to impose administrative sanctions for administrative violations in the field of inland waterway transport in Vietnam. 1Acts of violation concerning inland waterway vessels; crew members, vessel drivers; traffic rules and signals of vessels; inland waterway transport; inland waterway traffic accidents and search and rescue operations in inland waterways outside channels and waters not yet organized for traffic management and exploitation also apply the provisions on administrative sanctions prescribed in this Decree.

At the proposal of the Minister of Transport,

of the Government 2. Other acts of administrative violation related to inland waterway transport not provided for in this Decree shall be subject to the provisions of other Decrees on administrative sanctions in relevant fields.ANNEX I.A[31] Handling Law dated June 20, 2012"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."1. Vietnamese individuals and organizations, and foreign individuals and organizations committing administrative violations in the field of inland waterway transport in Vietnam.

PART I

GENERAL PROVISIONS

2. Individuals or entities authorized to record administrative violations, and the authority to impose administrative sanctions in the field of inland waterway transport. BB 1.13. Individuals operating ships, fishing vessels when navigating inland waterways who violate the provisions of Articles 5, 19, 20, 21, 32 of this Decree, or individuals operating fishing vessels who violate the provisions of Articles 13, 22 of this Decree shall be subject to administrative sanctions as prescribed in those articles. For other acts of administrative violation, the form and level of administrative sanctions shall be applied according to the Decrees on administrative sanctions in the maritime and fisheries sectors.

Article 3. Time Limit for Imposing Administrative Sanctions

The time limit for imposing administrative sanctions in the field of inland waterway transport is one year. For acts of administrative violation concerning construction of infrastructure works in inland waterway transport, the time limit for imposing administrative sanctions is two years.

Article 4. Forms of Administrative Sanctions, Measures to Remedy Consequences, and Application of Fine Levels in Administrative Sanctions

Article 2. Applicability

1. Individuals and organizations committing administrative violations in the field of inland waterway transport must bear one of the following main forms of administrative sanction for each act of violation:

2. Individuals and organizations committing administrative violations, depending on the nature and degree of violation, may also be subject to the following supplementary forms of administrative sanction:

a) Suspension of the right to use licenses and certificates of practice for a period from one month to six months;

b) Suspension of activities for a period from one month to three months;This Resolution takes effect from the date it is adopted by the National Assembly.3. In addition to the forms of administrative sanction prescribed in Clause 1 and Clause 2 of this Article, individuals and organizations committing administrative violations in the field of inland waterway transport must also implement measures to remedy consequences as specifically prescribed in Chapter II of this Decree.

4. The fine level for each act of administrative violation prescribed in Chapter II of this Decree applies to individuals, except as provided in Articles 15 and 18 of this Decree. The fine level for organizations is twice the fine level for individuals.

5. The authority to impose fines of the persons prescribed in Chapter III of this Decree is the maximum authority to impose fines for an individual's act of administrative violation; for organizations, the authority to impose fines is twice the maximum authority to impose fines for individuals.

VIOLATIONS OF PROVISIONS ON CONSTRUCTION, PROTECTION AND EXPLOITATION OF INFRASTRUCTURE IN INLAND WATERWAY TRANSPORT

a) Warning;

b) Fine.

2. Individuals and organizations that commit administrative violations shall, depending on the nature and severity of the violation, also be subject to the following supplementary forms of punishment:

a) Suspension of the right to use licenses and professional certificates for a period of from one month to six months;

b) Suspension of activities for a period of from one month to three months;

c) Confiscate objects and means of transportation involved in administrative violations.

3. In addition to the forms of punishment prescribed in Clause 1 and Clause 2 of this Article, individuals and organizations committing administrative violations in the field of inland waterway traffic must also implement measures to remedy consequences as specifically provided in Chapter II of this Decree.

4. The amount of fines for each administrative violation prescribed in Chapter II of this Decree is the fine amount for individuals, except as provided in Articles 15 and 18 of this Decree. The fine amount for organizations is twice the fine amount for individuals.

5. The authority to impose fines of those persons prescribed in Chapter III of this Decree is the maximum authority to impose fines applicable to an individual's administrative violation; for organizations, the maximum authority to impose fines is twice the authority to impose fines for individuals.

Chapter II

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF ADMINISTRATIVE PENALTY AND MEASURES TO REMEDY CONSEQUENCES

Section 1

VIOLATIONS OF PROVISIONS ON CONSTRUCTION, PROTECTION AND EXPLOITATION OF INFRASTRUCTURE FOR INLAND WATERWAY TRAFFIC

Article 5. Violation of regulations on protection of waterway inland infrastructure works BB 1.1relating to infrastructure construction works for inland waterway traffic

1. Warning or a fine from VND 100,000 to VND 200,000 shall be imposed for any of the following violations:

a) Dumping garbage or straw into inland waterways, port waters, or inland waterway wharves;

b) Tethering animals to inland waterway navigation aids, water boundary markers, survey markers, or channel protection zone boundary markers.

2. A fine from VND 200,000 to VND 300,000 shall be imposed for any of the following violations:

a) Planting trees, placing objects, setting up tents or engaging in other acts that limit the effectiveness of inland waterway navigation aids or obstruct the view of vessel operators;

b) Tethering vessels to inland waterway navigation aids, water boundary markers, survey markers, or channel protection zone boundary markers.

3. A fine from VND 300,000 to VND 500,000 shall be imposed for the act of allowing objects, bamboo, or wood to drift freely within the channel.

4. A fine from VND 500,000 to VND 1,000,000 shall be imposed for the act of allowing mud, soil, sand, gravel, or other waste to fall or drift into inland waterways, port waters, or inland waterway wharves.

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

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

a) Unauthorized dismantling of components or removal of earth or stone from waterway inland infrastructure works;

b) Dumping mud, soil, stone, sand, gravel, or other waste in violation of regulations into channels, within the channel protection zone, or port waters, inland waterway wharves.

7. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

a) Causing erosion of retaining walls or traffic dams;

b) Allowing vessels to collide with or strike waterway inland infrastructure works or other structures on inland waterways, affecting the safety of such works or impeding traffic;

c) Constructing houses, floating houses, or other works without compliance with permits issued by competent state authorities within the channel protection zone or within the protective zones of other waterway inland infrastructure works.

8. A fine from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following violations:

a) Constructing houses, floating houses, or other works without permission from competent state authorities within the channel protection zone or within the protective zones of other waterway inland infrastructure works;

b) Constructing works within the channel without compliance with permits or approvals issued by competent state authorities.

Penalties for violations of regulations on sand, gravel, or other mineral extraction, dredging combined with product recovery, are as follows:

a) A fine from VND 40,000,000 to VND 45,000,000 shall be imposed for extracting sand, gravel, or other minerals within the channel protection zone without compliance with permits issued by competent state authorities on natural resources;

b) A fine from VND 45,000,000 to VND 50,000,000 shall be imposed for extracting sand, gravel, or other minerals within the channel protection zone without a permit from competent state authorities on natural resources;

c) A fine from VND 50,000,000 to VND 55,000,000 shall be imposed for extracting sand, gravel, or other minerals within the channel without compliance with permits issued by competent state authorities on natural resources or for dredging combined with product recovery without approval from competent state authorities on inland waterway transportation;

d) A fine from VND 55,000,000 to VND 60,000,000 shall be imposed for extracting sand, gravel, or other minerals within the channel without a permit from competent state authorities on natural resources or for dredging combined with product recovery without approval from competent state authorities on inland waterway transportation;

đ) A fine from VND 60,000,000 to VND 65,000,000 shall be imposed for extracting sand, gravel, or other minerals within the protective zones of waterway inland infrastructure works without a permit from competent state authorities or for dredging combined with product recovery without approval from competent state authorities on inland waterway transportation.

10. A fine from VND 65,000,000 to VND 75,000,000 shall be imposed for any of the following violations:

a) Constructing works within the channel without permission from competent state authorities;

b) Intentionally creating obstacles on the channel that impede traffic;

c) Using explosives that affect the safety of waterway inland infrastructure works or other structures on inland waterways.

11. Additional forms of punishment:

a) Suspension of the right to use sand, gravel, or other mineral extraction permits for three to six months for violations stipulated in Point a and Point c Clause 9 of this Article;

b) Confiscation of equipment directly used for sand, gravel, or other mineral extraction for violations stipulated in Point b, Point d, and Point đ Clause 9 of this Article.

12. Measures to remedy consequences:

a) Order the relocation of trees, vehicles, animals, objects, bamboo, or wood for violations stipulated in Point b Clause 1, Clause 2, and Clause 3; order the demolition of tents, houses, floating houses, or other structures for violations stipulated in Point a Clause 8, Point a Clause 10, and order the partial demolition of structures for violations stipulated in Point c Clause 7, Point b Clause 8; order the clearance of obstacles for violations stipulated in Point b Clause 10 of this Article;

b) Order restoration to the original condition for violations stipulated in Point a Clause 1, Clause 4, Clause 5, Clause 6, Point a and Point b Clause 7, and Point c Clause 10 of this Article.

Article 6. Violations of traffic safety regulations during construction works, salvage operations, clearance of obstacles, channel dredging, mineral extraction, surveying, exploration, organization of training, sports events, festivals, recreational activities on inland waterwaysớincluding clearance, dredging, mineral extraction, surveying, exploration, organizing drills, training lphysical exercises, sports competitions, sports performances, festivals, and entertainment events on inland waterwaysorecreational activities on inland waterways

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

a) Operating vessels or equipment on inland waterways without a professional certificate or vessel operation permit, or with such certificates but not in accordance with the type of vessel or equipment as prescribed;

b) Handing over the project completion documents to the competent state agency responsible for inland waterway transport management late or incomplete when the construction work is completed.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following violations on inland waterways, port waters, inland waterway wharves, and channel protection zones:

a) Not notifying in writing the competent state agency responsible for inland waterway transport management when conducting salvage operations, obstacle clearance, organizing physical exercise training, sports competitions, festivals, recreational activities, or drills, except for secret defense and security drills;

b) Not complying with the traffic safety plan approved by the competent state agency responsible for inland waterway transport management during construction works, salvage operations, obstacle clearance, channel dredging, port water area dredging, sand and gravel extraction, other mineral extraction, surveying, exploration, or organizing physical exercise training, sports competitions, festivals, recreational activities;

c) Causing hindrance to traffic with construction vessels or equipment;

d) Not clearing obstacles after completing construction works or salvaging sunken vessels;

đ) Not handing over the project completion documents related to inland waterway transport to the competent state agency responsible for inland waterway transport management upon completion of the construction works as prescribed.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for conducting construction works, salvage operations, obstacle clearance, channel dredging, sand and gravel extraction, other mineral extraction, surveying, exploration, or organizing physical exercise training, sports competitions, festivals, recreational activities on inland waterways, port waters, inland waterway wharves, and channel protection zones without a traffic safety plan or not implementing the traffic safety plan approved by the competent state agency responsible for inland waterway transport management.

4. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for channel dredging, port water area dredging, or inland waterway wharf dredging operations where sludge, soil, rock, sand, gravel, or other waste is discharged outside the channel but not at the designated location by the competent state agency.

5. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for channel dredging, port water area dredging, or inland waterway wharf dredging operations where sludge, soil, rock, sand, gravel, or other waste is discharged within the channel but not at the designated location by the competent state agency.

6. Measures to remedy consequences:

The violator must restore the original condition for violations stipulated in Clause 4 and Clause 5 of this Article.

Article 7. Violation of inland waterway management regulations

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

a) Failing to promptly notify changes in channels as required;

b) Failing to establish records to monitor obstacles on inland waterways that affect traffic safety as required.

2. A fine of between 3,000,000 VND and 5,000,000 VND shall be imposed for any of the following violations:

a) Failing to notify as required when channels change;

b) Failing to take timely measures to ensure traffic safety upon discovering obstacles in channels;

c) Failing to repair when inland waterway transportation works are damaged.

3. Measures to remedy consequences:

Order repairs for damaged works for violations stipulated in Point c Clause 2 of this Article.

Article 8. Violation of regulations ensuring traffic order and safety on inland waterways during exploitation and breeding of aquatic products

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed for mobile fishing activities that obstruct traffic.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for placing equipment or leaving vessels for exploitation and breeding of aquatic products within the protected channel width, thereby obscuring the view of vessel operators, or for placing equipment or leaving vessels for exploitation and breeding of aquatic products not in accordance with the guidance of inland waterway management units.

3. A fine of from VND 3,000,000 to VND 5,000,000 for one of the following violations:

a) Failing to remove equipment or move vessels for exploitation and breeding of aquatic products immediately after completing such activities within the protected channel width;

b) Failing to remove, relocate, or reduce equipment or vessels for exploitation and breeding of aquatic products according to notifications from inland waterway management units.

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for placing equipment or vessels for exploitation and breeding of aquatic products on channels.

5. Additional forms of punishment:

Confiscate equipment and vessels for violations stipulated in Points a and b Clause 3 of this Article.

6. Measures to remedy consequences:

a) Order relocation of equipment and vessels for exploitation and breeding of aquatic products within the protected channel width that obscure the view of vessel operators for violations stipulated in Clause 2 of this Article;

b) Order removal, relocation, or reduction of equipment and vessels for breeding and fishing of aquatic products for violations stipulated in Clause 4 of this Article.

Article 9. Violation of inland waterway signaling regulations

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for failing to install the required number of signals according to approved plans or for installing signals not in compliance with standards.

2. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for failing to install or maintain signals for inland waterway wharves, signals for floating obstacles such as buoys and fish traps as required.

3. A fine of VND 4,000,000 to VND 5,000,000 shall be imposed for failing to install or maintain signals for inland waterway ports, signals for obstacle positions, signals for construction works on inland waterways, signals for overhead structures over channels, signals for pontoon bridges, or signals for submerged structures crossing rivers as required, or for failing to maintain signals on inland waterways according to plans approved by competent authorities responsible for inland waterways.

Article 10. Violation of regulations on salvaging sunken vessels and clearing obstructions

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for failing to salvage sunken vessels or clear other obstructions within the time limit prescribed by competent state agencies for inland waterways.

2. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for incomplete salvaging of sunken vessels or incomplete clearing of other obstructions.

3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to salvage sunken vessels or failure to clear other obstructions.

Section 2

VIOLATIONS OF REGULATIONS ON REGISTRATION AND INSPECTION OF VESSELS

Article 11. Violations of regulations on conditions for vessel operation, registration, and inspection

1. A warning or a fine of from VND 50,000 to VND 100,000 shall be imposed for any of the following violations:

a) Marking or affixing the vessel registration number incorrectly;

b) The vessel registration number marked or affixed being blurred or obstructed;

c) The passenger capacity sign on the vessel being blurred or obstructed;

d) Marking incorrectly or allowing blurring or obstruction of the safe draft marking on the vessel;

đ) Operating a non-motorized vessel with a gross load capacity under one ton or carrying capacity under five persons, or a raft without ensuring safety as prescribed.

2. A fine of from VND 100,000 to VND 200,000 shall be imposed for any of the following violations, applicable to non-motorized vessels with a gross load capacity from one ton to fifteen tons or carrying capacity from five persons to twelve persons, motorized vessels with main engine power under five horsepower or carrying capacity under five persons:

a) Not carrying the vessel registration certificate;

b) Not re-registering the vessel as prescribed or not declaring to remove the vessel's name or not returning the vessel registration certificate as prescribed;

c) Not marking or affixing the vessel registration number as prescribed;

d) Not marking the safe draft marking on the vessel.

3. A fine of from VND 200,000 to VND 300,000 shall be imposed for any of the violations stipulated in Clause 2 of this Article or not carrying the technical safety and environmental protection certificate of the vessel or using the technical safety and environmental protection certificate of the vessel that has expired, applicable to motorized vessels with main engine power from five horsepower to fifteen horsepower or carrying capacity from five persons to twelve persons.

4. Administrative penalties shall be imposed for any of the violations stipulated in Clause 2 of this Article or not carrying the technical safety and environmental protection certificate of the vessel or using the technical safety and environmental protection certificate of the vessel that has expired or not having the crew logbook or not having the vessel logbook as prescribed or not marking or marking incorrectly the passenger capacity sign on the vessel, tourist vessels not having the prescribed sign, as follows:

a) A fine of from VND 300,000 to VND 500,000 shall be applied to non-motorized vessels with a gross load capacity over fifteen tons to one hundred tons or carrying capacity over fifty persons to one hundred persons, motorized vessels with main engine power over fifteen horsepower to one hundred horsepower or carrying capacity over fifty persons to one hundred persons;

b) A fine of from VND 500,000 to VND 700,000 shall be applied to non-motorized vessels with a gross load capacity over one hundred tons to five hundred tons or carrying capacity over one hundred persons to two hundred persons, motorized vessels with main engine power over one hundred horsepower to four hundred horsepower or carrying capacity over one hundred persons to two hundred persons;

c) A fine of from VND 700,000 to VND 1,000,000 shall be applied to non-motorized vessels with a gross load capacity over five hundred tons or carrying capacity over two hundred persons, motorized vessels with main engine power over four hundred horsepower or carrying capacity over two hundred persons.

5. Administrative penalties shall be imposed for using a vessel without a registration certificate or without a technical safety and environmental protection certificate of the vessel or a vessel not meeting the prescribed technical safety and environmental protection conditions, as follows:

a) A fine of from VND 500,000 to VND 1,000,000 shall be applied to non-motorized vessels with a gross load capacity from one ton to less than five tons or carrying capacity from five persons to twelve persons, motorized vessels with main engine power under five horsepower or carrying capacity under five persons;

b) A fine of from VND 1,000,000 to VND 2,000,000 shall be applied to non-motorized vessels with a gross load capacity from five tons to fifteen tons or carrying capacity over twelve persons to fifty persons, motorized vessels with main engine power from five horsepower to fifteen horsepower or carrying capacity from five persons to twelve persons;

c) A fine of from VND 2,000,000 to VND 3,000,000 shall be applied to non-motorized vessels with a gross load capacity over fifteen tons to one hundred tons or carrying capacity over fifty persons to one hundred persons, motorized vessels with main engine power over fifteen horsepower to one hundred horsepower or carrying capacity over twelve persons to fifty persons;

d) A fine of from VND 3,000,000 to VND 5,000,000 shall be applied to non-motorized vessels with a gross load capacity over one hundred tons to five hundred tons or carrying capacity over one hundred persons, motorized vessels with main engine power over one hundred horsepower to four hundred horsepower or carrying capacity over fifty persons to one hundred persons;

đ) A fine of from VND 5,000,000 to VND 7,000,000 shall be applied to non-motorized vessels with a gross load capacity over five hundred tons, motorized vessels with main engine power over four hundred horsepower or carrying capacity over one hundred persons.

6. Administrative penalties shall be imposed for any of the acts of falsely reporting to register or inspect vessels; borrowing, renting, lending out equipment or tools to pass inspection, as follows:

a) A fine of from VND 500,000 to VND 1,000,000 shall be applied to non-motorized vessels with a gross load capacity from one ton to less than five tons or carrying capacity from five persons to twelve persons, motorized vessels with main engine power under five horsepower or carrying capacity under five persons;

b) A fine of from VND 1,000,000 to VND 2,000,000 shall be applied to non-motorized vessels with a gross load capacity from five tons to fifteen tons or carrying capacity over twelve persons to fifty persons, motorized vessels with main engine power from five horsepower to fifteen horsepower or carrying capacity from five persons to twelve persons:

c) A fine of VND 2,000,000 to VND 4,000,000 shall be imposed on vehicles without engines with a total gross weight over 15 tons to 100 tons or carrying more than 50 people to 100 people, vehicles with engines having a total power of the main engine over 15 horsepower to 100 horsepower or carrying more than 12 people to 50 people;

d) A fine of VND 4,000,000 to VND 6,000,000 shall be imposed on vehicles without engines with a total gross weight over 100 tons to 500 tons or carrying more than 100 people, vehicles with engines having a total power of the main engine over 100 horsepower to 400 horsepower or carrying more than 50 people to 100 people;

đ) A fine of VND 6,000,000 to VND 8,000,000 shall be imposed on vehicles without engines with a total gross weight over 500 tons, vehicles with engines having a total power of the main engine over 400 horsepower or carrying more than 100 people;

7. Administrative penalties for the act of using fake vehicle registration certificates, fake technical safety and environmental protection certificates, fake registration numbers, or fake signs on tourist passenger vehicles shall be as follows:

a) A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on vehicles without engines with a total gross weight from 1 ton to less than 5 tons or carrying from 5 people to 12 people, vehicles with engines having a main engine power under 5 horsepower or carrying fewer than 5 people;

b) A fine of VND 2,000,000 to VND 4,000,000 shall be imposed on vehicles without engines with a total gross weight from 5 tons to 15 tons or carrying more than 12 people to 30 people, vehicles with engines having a total power of the main engine from 5 to 15 horsepower or carrying from 5 people to 12 people;

c) A fine of VND 4,000,000 to VND 6,000,000 shall be imposed on vehicles without engines with a total gross weight over 15 tons to 100 tons or carrying more than 30 people to 100 people, vehicles with engines having a total power of the main engine over 15 horsepower to 100 horsepower or carrying more than 12 people to 50 people;

d) A fine of VND 6,000,000 to VND 8,000,000 shall be imposed on vehicles without engines with a total gross weight over 100 tons to 500 tons or carrying more than 100 people, vehicles with engines having a total power of the main engine over 100 horsepower to 400 horsepower or carrying more than 50 people to 150 people;

đ) A fine of VND 8,000,000 to VND 10,000,000 shall be imposed on vehicles without engines with a total gross weight over 500 tons, vehicles with engines having a total power of the main engine over 400 horsepower or carrying more than 150 people;

8. Administrative penalties for violations when using excavators, suction dredgers, or floating cranes shall be as follows:

a) A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for failing to carry the vehicle registration certificate; failing to carry the technical safety and environmental protection certificate of the vehicle or using an expired technical safety and environmental protection certificate; failing to re-register the vehicle as required or failing to report to remove the vehicle name or failing to return the vehicle registration certificate as required; failing to mark or attach the vehicle registration number as required; failing to mark the safe draft line of the vehicle;

b) A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for not having a vehicle registration certificate or not having a technical safety and environmental protection certificate of the vehicle or the vehicle does not meet the technical safety and environmental protection requirements as prescribed;

9. Additional forms of punishment:

a) Suspension of the operation of the vehicle for one to two months for the act of not implementing the registration and inspection as prescribed in Clause 5, Clause 8 of this Article;

b) Confiscation of fake vehicle registration certificates, fake technical safety and environmental protection certificates, fake signs, and fake registration numbers for violations as prescribed in Clause 7 of this Article;

10. Measures to address consequences:

Obligation to erase fake registration numbers marked on the vehicle for violations as prescribed in Clause 7 of this Article.

Article 12. Violation of provisions on safety equipment and devices of vehicles

1. A warning or a fine from VND 100,000 to VND 200,000 shall be imposed for the act of operating a non-motorized vehicle with a total load capacity under five tons or carrying up to twelve passengers, or a motorized vehicle with main engine power under five horsepower or carrying up to five passengers without being equipped or not fully equipped with safety devices as prescribed.

2. Administrative penalties shall be imposed for one of the following acts of not equipping with sufficient quantity, incorrect type, not ensuring quality, or improperly positioning any of the prescribed life-saving, rescue, fire prevention, firefighting, mooring, and vessel connection devices as follows:

a) A fine from VND 200,000 to VND 300,000 shall be imposed for a non-motorized vehicle with a total load capacity from five tons to fifteen tons or carrying more than twelve passengers up to fifty passengers; a motorized vehicle with main engine power from five horsepower to fifteen horsepower or carrying more than five passengers up to twelve passengers;

b) A fine from VND 300,000 to VND 400,000 shall be imposed for a non-motorized vehicle with a total load capacity over fifteen tons to one hundred tons or carrying more than fifty passengers up to one hundred passengers; a motorized vehicle with main engine power over fifteen horsepower to one hundred horsepower or carrying more than twelve passengers up to fifty passengers, a tugboat with a total load capacity up to four hundred tons;

c) A fine from VND 400,000 to VND 500,000 shall be imposed for a non-motorized vehicle with a total load capacity over one hundred tons to five hundred tons or carrying more than one hundred passengers; a motorized vehicle with main engine power over one hundred horsepower to four hundred horsepower or carrying more than fifty passengers up to one hundred passengers, a tugboat with a total load capacity from over four hundred tons to one thousand tons;

d) A fine from VND 500,000 to VND 1,000,000 shall be imposed for a non-motorized vehicle with a total load capacity over five hundred tons, a motorized vehicle with main engine power over four hundred horsepower, a vehicle carrying more than one hundred passengers, a tugboat with a total load capacity over one thousand tons, a floating restaurant, a floating hotel, or a cruise ship overnight accommodation.

3. A fine shall be imposed for the act of not equipping with any of the prescribed life-saving, rescue, fire prevention, firefighting, mooring, and vessel connection devices as follows:

a) A fine from VND 200,000 to VND 300,000 shall be imposed for a non-motorized vehicle with a total load capacity from five tons to fifteen tons or carrying more than twelve passengers up to fifty passengers, a motorized vehicle with main engine power from five horsepower to fifteen horsepower or carrying more than five passengers up to twelve passengers;

b) A fine from VND 300,000 to VND 500,000 shall be imposed for a non-motorized vehicle with a total load capacity over fifteen tons to one hundred tons or carrying more than fifty passengers up to one hundred passengers, a motorized vehicle with main engine power over fifteen horsepower to one hundred horsepower or carrying more than twelve passengers up to fifty passengers, a tugboat with a total load capacity up to four hundred tons;

c) A fine from VND 500,000 to VND 1,000,000 shall be imposed for a non-motorized vehicle with a total load capacity over one hundred tons to five hundred tons or carrying more than one hundred passengers, a motorized vehicle with main engine power over one hundred horsepower to four hundred horsepower or carrying more than fifty passengers up to one hundred passengers, a tugboat with a total load capacity from over four hundred tons to one thousand tons;

d) A fine from VND 1,000,000 to VND 2,000,000 shall be imposed for a non-motorized vehicle with a total load capacity over five hundred tons, a motorized vehicle with main engine power over four hundred horsepower, a vehicle carrying more than one hundred passengers, a tugboat with a total load capacity over one thousand tons, a floating restaurant, a floating hotel, or a cruise ship overnight accommodation.

4. A fine from VND 2,000,000 to VND 3,000,000 shall be imposed for the act of not installing an Automatic Identification System (AIS) device on passenger transport vessels operating on fixed routes from the mainland to islands or between islands, or the act of not equipping a satellite Emergency Position Indicating Radio Beacon (S-EPIRB) on cargo ships with VR-SB grade having a gross tonnage of 300 GT or more and coastal passenger ships as prescribed.

Article 13. Violation of provisions on the purpose of use and operating area of vessels

Administrative penalties shall be imposed for the act of putting vessels into operation not in accordance with their intended use or operating area as follows:

1. A fine of from five hundred thousand dong to one million dong shall be imposed on vessels without engines with a total carrying capacity under five tons or with a passenger capacity up to twelve persons; vessels with engines having a main engine power under five horsepower or with a passenger capacity under five persons.

2. A fine of from one million dong to two million dong shall be imposed on vessels without engines with a total carrying capacity from five tons to fifteen tons or with a passenger capacity over twelve persons to fifty persons; vessels with engines having a total main engine power from five horsepower to fifteen horsepower or with a passenger capacity from five persons to twelve persons.

3. A fine of from two million dong to three million dong shall be imposed on vessels without engines with a total carrying capacity over fifteen tons to one hundred tons or with a passenger capacity over fifty persons to one hundred persons; vessels with engines having a total main engine power over fifteen horsepower to one hundred horsepower or with a passenger capacity over twelve persons to fifty persons.

4. A fine of from three million dong to four million dong shall be imposed on vessels without engines with a total carrying capacity over one hundred tons to five hundred tons or with a passenger capacity over one hundred persons; vessels with engines having a total main engine power over one hundred horsepower to four hundred horsepower or with a passenger capacity over fifty persons to one hundred persons.

5. A fine of from four million dong to five million dong shall be imposed on vessels without engines with a total carrying capacity over five hundred tons; vessels with engines having a total main engine power over four hundred horsepower or with a passenger capacity over one hundred persons.

6. Additional forms of punishment:

Suspension of vessel operations for one to two months for violations of the provisions on the purpose of use as stipulated in Clause 3, Clause 4, and Clause 5 of this Article.

Article 14.ANNEX I.A[31] Violation of provisions on the service life of vessels

Administrative penalties shall be imposed for the act of operating vessels beyond their service life as prescribed, as follows:

1. A fine of from forty-five million dong to fifty-five million dong shall be imposed on vessels transporting dangerous goods, oil, liquefied gas; air cushion vessels.

2. A fine of from fifty-five million dong to sixty-five million dong shall be imposed on passenger vessels with a passenger capacity over twelve persons but not being tourist cruise ships staying overnight, floating hotels, floating restaurants, air cushion vessels.

3. A fine of from sixty-five million dong to seventy-five million dong shall be imposed on tourist cruise ships staying overnight, floating restaurants, floating hotels.

4. Additional forms of administrative punishment:

Revocation of the captain's license or certificate of professional competence of the captain for two to three months for violations as stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

Article 15. Violation of provisions on new construction, conversion, repair, and restoration of vessels

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) New construction, conversion, repair, and restoration of vessels not in compliance with design documents that have been reviewed and approved by inspection authorities;

b) Lack of quality supervision and management units during new construction, conversion, repair, and restoration of vessels;

c) Lack of technical staff and quality inspectors meeting the required conditions as prescribed.

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following violations:

a) Carrying out new construction, conversion, repair, and restoration of vessels subject to inspection without design documents reviewed and approved by inspection authorities;

b) Arbitrarily converting and changing the functions, structure, and purpose of vessels.

3. A fine of from twenty-five million dong to thirty million dong shall be imposed for failing to establish a business entity in accordance with the law when engaging in new construction, conversion, repair, and restoration of vessels.

Section 3

VIOLATION OF PROVISIONS ON THE CONDITIONS FOR CREW MEMBERS AND OPERATORS OF VESSELS

Article 16. Violations concerning licenses, certificates of competency, and professional certificates of seafarers and driverslogo|||ứ|||

1. Administrative penalties shall be imposed on seafarers and drivers who commit the following violations:

a) A fine of VND 300,000 to VND 500,000 for not carrying the professional certificate.

b) A fine of VND 500,000 to VND 1,000,000 for not carrying the license or certificate of competency or not having the professional certificate as prescribed.

2. Administrative penalties shall be imposed on seafarers working on vessels without a license or certificate of competency or with a license or certificate of competency that does not match the type of vessel as prescribed, as follows:

a) A fine of VND 1,000,000 to VND 2,000,000 for captains, chief mates, chief engineers, and second engineers who have a captain's license or chief engineer's certificate of competency that does not match the type of vessel as prescribed.

b) A fine of VND 2,000,000 to VND 3,000,000 for seafarers who do not have a license or certificate of competency but are required to have a third-class master's license with limitations, a fourth-class master's certificate of competency, a third-class master's license, or a third-class chief engineer's license according to regulations.

c) A fine of VND 3,000,000 to VND 4,000,000 for seafarers who do not have a license or certificate of competency but are required to have a second-class master's license or a second-class chief engineer's license according to regulations.

d) A fine of VND 4,000,000 to VND 5,000,000 for seafarers who do not have a license or certificate of competency but are required to have a first-class master's license or a first-class chief engineer's certificate of competency according to regulations.

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

a) Assigning individuals to the positions of captain, chief mate, chief engineer, or second engineer without a captain's license or chief engineer's certificate of competency or with a captain's license or chief engineer's certificate of competency that does not match the type of vessel as prescribed.

b) Assigning individuals without a captain's license or certificate of competency or driver's license to operate vessels; or assigning individuals with a captain's license or certificate of competency or driver's license but not matching the type of vessel as prescribed.

4. Administrative penalties shall be imposed on the act of renting, lending, leasing, or borrowing licenses, certificates of competency, or professional certificates; erasing, altering licenses, certificates of competency, or professional certificates, as follows:

a) A fine of VND 500,000 to VND 1,000,000 for vocational certificates.

b) A fine of VND 1,000,000 to VND 2,000,000 for special professional certificates.

c) A fine of VND 2,000,000 to VND 3,000,000 for captain's licenses or chief engineer's certificates of competency.

5. A fine of VND 2,000,000 to VND 3,000,000 for using a certificate of competency beyond the prescribed validity period.

6. Administrative penalties shall be imposed on the act of making false declarations to obtain or change licenses, certificates of competency, or professional certificates, as follows:

a) A fine of VND 1,000,000 to VND 2,000,000 for vocational certificates.

b) A fine of VND 2,000,000 to VND 3,000,000 for special professional certificates.

c) A fine of VND 3,000,000 to VND 5,000,000 for captain's licenses or chief engineer's certificates of competency.

7. Administrative penalties shall be imposed on the act of using counterfeit licenses, certificates of competency, or professional certificates of seafarers and inland waterway drivers, as follows:

a) A fine of VND 4,000,000 to VND 5,000,000 for using counterfeit special professional certificates or vocational certificates.

b) A fine of VND 7,000,000 to VND 10,000,000 for using counterfeit third-class master's licenses with limitations or fourth-class master's certificates of competency, third-class master's licenses, or third-class chief engineer's licenses.

c) A fine of VND 10,000,000 to VND 12,000,000 for using counterfeit second-class master's licenses or second-class chief engineer's licenses.

d) A fine of VND 12,000,000 to VND 14,000,000 for using counterfeit first-class master's licenses or first-class chief engineer's licenses.

8. Additional forms of punishment:

a) Suspension of the right to use captain's licenses, chief engineer's licenses, captain's certificates of competency, chief engineer's certificates of competency, or professional certificates for a period of one to three months for violations stipulated in Clause 4 of this Article.

b) Confiscation of counterfeit captain's licenses, chief engineer's licenses, captain's certificates of competency, chief engineer's certificates of competency, or professional certificates as stipulated in Clause 7 of this Article.

Article 17. Violations concerning the owner of the vessel, the vessel lessee, crew members, and the vessel operator

1. A fine of from VND 200,000 to VND 300,000 for the act of working on the vessel with a blood alcohol concentration exceeding 50 milligrams per 100 milliliters of blood or 0.25 milligrams per liter of exhaled air, or using other prohibited stimulants.

2. A fine of from VND 300,000 to VND 500,000 for any of the following violations:

a) Not allocating sufficient crew members according to regulations or using crew members not listed in the crew register;

b) Not assigning a crew member to watch over the vessel when it is moored or not assigning a lookout person when the vessel is traveling under conditions of limited visibility;

c) The assigned crew member watching over the vessel when it is moored is not present on the vessel or does not perform the duty of watching over the vessel as prescribed;

d) Using a person who does not meet the required conditions to serve as a crew member.

3. A fine of from VND 500,000 to VND 1,000,000 for any of the following violations:

a) Assigning a person who does not have the required health, age, or exceeds the age limit to assume the positions of captain, chief engineer, first officer, or second engineer;

b) Allocating crew members or vessel operators to work on the vessel while the crew members or vessel operators have a blood alcohol concentration exceeding 50 milligrams per 100 milliliters of blood or 0.25 milligrams per liter of exhaled air, or using other prohibited stimulants;

c) The captain or first officer is not present on the vessel during their shift when the vessel is underway;

d) The captain does not directly control the vessel when passing through a bridge, lock, entering or leaving port, inland waterway wharf, or in other situations where the captain must directly control the vessel according to regulations;

đ) A crew member who is not the captain directly controls the vessel when passing through a bridge, lock, entering or leaving port, inland waterway wharf, or in other situations where the captain must directly control the vessel according to regulations.

4. Administrative penalties for the act of operating a vessel or working on a vessel during the period when the professional certificate, license, or certificate of professional capability for captain, chief engineer, first officer, or second engineer has been revoked shall be as follows:

a) A fine of from VND 200,000 to VND 500,000 for those holding a professional certificate;

b) A fine of from VND 500,000 to VND 1,000,000 for those holding a third-class restricted captain's license, fourth-class captain's certificate of professional capability, third-class captain's license or certificate of professional capability, third-class chief engineer's license or certificate of professional capability;

c) A fine of from VND 1,000,000 to VND 2,000,000 for those holding a second-class captain's license or certificate of professional capability, second-class chief engineer's license or certificate of professional capability;

d) A fine of from VND 2,000,000 to VND 3,000,000 for those holding a first-class captain's license or certificate of professional capability, first-class chief engineer's license or certificate of professional capability.

5. A fine of from VND 500,000 to VND 1,000,000 for those operating a vessel without a registration certificate or without a technical safety and environmental protection certificate as prescribed.

Article 18. Violations concerning regulations on training institutions for seafarers and drivers of vesselsin training of seafarers, drivers of vessels

1. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed for any of the following violations:

a) Not complying with the admission regulations;

b) Not implementing or not fully implementing the training content and program as prescribed.

2. A fine of from VND 7,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

a) Not ensuring the classroom, workshop, and practical area standards as prescribed;

b) Teaching materials not meeting the prescribed requirements;

c) Teachers and practical instructors not meeting the prescribed conditions;

d) Not complying with examination and assessment regulations for students.

3. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for organizing training for seafarers and drivers of vessels without obtaining a certificate from the competent state agency.

4. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for organizing training for seafarers and drivers of vessels during the period when the training institution is suspended from operating.

5. Additional forms of punishment:

The operation shall be suspended for from one to three months for violating the provisions set out in Point a Clause 2 Article 18 herein.

Article 19. Violations concerning responsibilities when inland waterway traffic accidents occur

1. A warning or a fine of from VND 50,000 to VND 100,000 shall be imposed for failing to promptly report to the police authority or the local People's Committee nearest to the location where an inland waterway traffic accident occurs.

2. A fine of from VND 100,000 to VND 200,000 shall be imposed for any of the following actions of the person causing the accident:

a) Not being present at the time of summons by the competent state authority;

b) Providing incomplete relevant documents and evidence related to the accident.

3. A fine of from VND 500,000 to VND 1,000,000 for any of the following violations:

a) Not protecting or altering traces and evidence related to the accident;

b) Not providing relevant documents and evidence related to the accident.

4. A fine of from VND 4,000,000 to VND 6,000,000 shall be imposed on one of the following violations:

a) Not participating in search and rescue operations when conditions permit or participating but not complying with the orders of the on-site commander;

b) Causing disorder and obstructing rescue and accident handling;

c) Taking advantage of the accident to infringe upon the property or vessel of the victim.

5. A fine of from VND 6,000,000 to VND 8,000,000 shall be imposed for causing an accident and fleeing the scene.

Article 20. Violations concerning inspection and supervision

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for failing to provide complete documents of the vessel, seafarer, driver of the vessel, or cargo as required when requested for inspection by the authorized person.

2. A fine of from VND 2,000,000 to VND 3,000,000 for one of the following violations:

a) Not complying with the inspection and supervision requirements of the authorized person;

b) Intentionally not stopping the vessel for inspection and supervision as ordered by the authorized person;

c) Not providing or intentionally delaying the provision of documents of the vessel, seafarer, driver of the vessel, or cargo as required when requested for inspection by the authorized person;

c) Not delivering or intentionally delaying the delivery of the vessel to the place for violation handling as required by the authorized person.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for opposing the inspection and supervision of the authorized person.

Section 4

VIOLATIONS OF TRAFFIC RULES AND SIGNALS OF VESSELS

Article 21. Violations of traffic rules

1. A warning or a fine of from VND 100,000 to VND 200,000 shall be imposed for controlling a non-motorized vessel with a total gross weight under five tons or carrying up to twelve people, or a motorized vessel with a main engine power under five horsepower or carrying up to five people, committing any of the following violations:

a) Attaching to a passenger-carrying vessel or a dangerous goods-carrying vessel while in transit;

b) Allowing a passenger-carrying vessel or a dangerous goods-carrying vessel to attach to their vessel while in transit;

c) Not adhering to inland waterway traffic signal instructions;

d) Not reducing the speed of the vessel as prescribed;

đ) Not complying with regulations when passing through bridges, culverts, ship locks, or following the instructions of traffic controllers;

e) Not sounding the vessel's signal as prescribed when entering or leaving ports, inland waterway terminals, traveling in conditions of limited visibility, or at intersections, sharp bends in channels;

g) Mooring the vessel in prohibited areas, not complying with mooring regulations, or mooring in a way that impedes traffic;

h) Not sounding the prescribed signal before the vessel leaves the port, inland waterway terminal, or mooring position;

i) Mooring the vessel to load/unload cargo or pick up/drop off passengers in waters outside the declared and permitted areas of ports or inland waterway terminals.

2. Administrative penalties shall be imposed for any of the violations stipulated in Clause 1 of this Article, applied separately for each type of vessel, as follows:

a) A fine of from VND 200,000 to VND 300,000 shall be imposed for a non-motorized vessel with a total gross weight from five tons to fifteen tons or carrying more than twelve people up to fifty people, or a motorized vessel with a total main engine power from five horsepower to fifteen horsepower or carrying more than five people up to twelve people;

b) A fine of from VND 300,000 to VND 500,000 shall be imposed for a non-motorized vessel with a total gross weight over fifteen tons to one hundred tons or carrying more than fifty people up to one hundred people, or a motorized vessel with a total main engine power over fifteen horsepower to one hundred horsepower or carrying more than twelve people up to fifty people;

c) A fine of from VND 500,000 to VND 1,000,000 shall be imposed for a non-motorized vessel with a total gross weight over one hundred tons to five hundred tons or carrying more than one hundred people, or a motorized vessel with a total main engine power over one hundred horsepower to four hundred horsepower or carrying more than fifty people up to one hundred people;

d) A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for a non-motorized vessel with a total gross weight over five hundred tons, or a motorized vessel with a total main engine power over four hundred horsepower or carrying more than one hundred people.

3. A fine of from 100,000 VND to 200,000 VND shall be imposed on the act of controlling a non-motorized vehicle with a total weight of less than five tons or a motorized vehicle with a main engine power of less than five horsepower or a carrying capacity of less than five people for committing any of the following violations:

a) Not emitting signals or emitting incorrect signals as prescribed when avoiding or overtaking another vehicle;

b) Overtaking another vehicle without receiving a signal from that vehicle allowing such action;

c) Overtaking another vehicle at a location where overtaking is prohibited, ahead of which there is a vehicle traveling in the opposite direction or an obstacle, at a junction, sharp curve, or where the width of the lane is restricted, or while passing through a ship lock or harbor basin;

d) Abusing the right of way or priority, thereby endangering or obstructing other vehicles;

đ) Failing to give way or yield to other vehicles as required;

e) Attaching or being attached to another vehicle during travel for cargo handling.

4. Administrative penalties shall be applied to each type of vehicle for any of the violations stipulated in Clause 3 of this Article.

a) A fine of from VND 200,000 to VND 300,000 shall be imposed for a non-motorized vessel with a total gross weight from five tons to fifteen tons or carrying more than twelve people up to fifty people, or a motorized vessel with a total main engine power from five horsepower to fifteen horsepower or carrying more than five people up to twelve people;

b) A fine of from VND 300,000 to VND 500,000 shall be imposed for a non-motorized vessel with a total gross weight over fifteen tons to one hundred tons or carrying more than fifty people up to one hundred people, or a motorized vessel with a total main engine power over fifteen horsepower to one hundred horsepower or carrying more than twelve people up to fifty people;

c) A fine of from VND 500,000 to VND 1,000,000 shall be imposed for a non-motorized vessel with a total gross weight over one hundred tons to five hundred tons or carrying more than one hundred people, or a motorized vessel with a total main engine power over one hundred horsepower to four hundred horsepower or carrying more than fifty people up to one hundred people;

d) A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for a non-motorized vessel with a total gross weight over five hundred tons, or a motorized vessel with a total main engine power over four hundred horsepower or carrying more than one hundred people.

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

a) Controlling a vehicle in a weaving manner that causes safety hazards;

b) Controlling a vehicle in a manner that creates large waves causing damage to traffic works;

c) Controlling a vehicle at high speed that endangers other vehicles.

6. A fine of from 7,000,000 VND to 10,000,000 VND shall be imposed on the act of controlling a vehicle that does not comply with height, depth, or width restrictions indicated by signs and thus causes traffic accidents, traffic congestion, or damage to inland waterway works.

7. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed on the act of controlling a tugboat formation that does not comply with towing restriction signs and thus causes traffic accidents, traffic congestion, or damage to inland waterway works.

8. A fine of from 20,000,000 VND to 25,000,000 VND shall be imposed on the act of racing vehicles in violation of regulations.

9. A fine of from 35,000,000 VND to 40,000,000 VND shall be imposed on the act of organizing a vehicle race without permission from competent state authorities.

10. Additional forms of punishment:

a) Suspension of the right to use a captain's license or certificate of professional competence for captains, or certificates of professional competence for crew members, drivers for one to two months for violations stipulated in Clause 5 of this Article; suspension of the right to use a captain's license or certificate of professional competence for captains for two to three months for violations stipulated in Clauses 6 and 7 of this Article; suspension of the right to use a captain's license, certificate of professional competence, or certificates of professional competence for crew members, drivers for three to four months for violations stipulated in Clause 8 of this Article;

b) Confiscation of the vehicle for violations stipulated in Clauses 8 and 9 of this Article.

11. Remedial measures:

Restoration to the original condition shall be ordered for works damaged by violations stipulated in Clauses 6 and 7 of this Article.

Article 22. Violation of provisions on signals of vehicles

1. Administrative penalties shall be imposed for the act of improperly arranging or using signals on vehicles that do not meet technical standards as prescribed, as follows:

a) Warning or a fine of from VND 50,000 to VND 100,000 for vehicles without engines with a total carrying capacity under 50 tons, vehicles with main engine power under five horsepower, or rafts.

b) A fine of from VND 100,000 to VND 200,000 for vehicles without engines with a total carrying capacity of 50 tons or more, vehicles with main engine power from five to less than fifty horsepower, except for those vehicles specified in Point c Clause of this Article.

c) A fine of from VND 200,000 to VND 300,000 for vehicles with main engine power of fifty horsepower or more, vehicles with a speed over thirty kilometers per hour, passenger-carrying vehicles, pilot pick-up and drop-off vehicles, vessels performing tasks on channels, fishing boats, dangerous cargo-carrying vehicles, vehicles carrying people or animals affected by disease, tugboat groups, or vehicles stranded on channels.

2. Administrative penalties shall be imposed for the act of failing to arrange or use signals of vehicles as prescribed, as follows:

a) A fine of from VND 100,000 to VND 300,000 for vehicles without engines with a total carrying capacity under 50 tons, vehicles with main engine power under five horsepower, or rafts.

b) A fine of from VND 300,000 to VND 500,000 for vehicles without engines with a total carrying capacity of 50 tons or more, vehicles with main engine power from five to less than fifty horsepower, except for those vehicles specified in Point c Clause of this Article.

c) A fine of from VND 500,000 to VND 700,000 for vehicles with main engine power of fifty horsepower or more, passenger-carrying vehicles, fishing boats, vehicles with a speed over thirty kilometers per hour, pilot pick-up and drop-off vehicles, dangerous cargo-carrying vehicles, vehicles carrying people or animals affected by disease, vessels performing tasks on channels, tugboat groups, or vehicles stranded on channels.

Section 5

VIOLATIONS OF PROVISIONS ON THE EXPLOITATION OF INLAND WATERWAY PORTS AND INLAND WATERWAY TRANSPORT

Article 23. Violations of provisions on the exploitation of inland waterway ports and wharfs

1. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on the owner of the port, wharf, or port and wharf operator for any of the following violations:

a) Not having an operational regulation board for the port or wharf; passenger ports and wharfs not having a price list board as prescribed;

b) Improperly arranging or failing to ensure safety conditions for any of the shock-absorbing devices, gangways for passengers to board and disembark, mooring posts or buoys for tying up vessels, or night lighting equipment as prescribed.

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

a) Failing to arrange any of the shock-absorbing devices, gangways for passengers to board and disembark, mooring posts or buoys for tying up vessels, night lighting equipment, or waiting areas for passengers;

b) Arranging personnel to operate loading and unloading equipment without a professional certificate or a permit to control vessels or equipment as prescribed.

3. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed on the owner of the inland waterway wharf for any of the following acts:

a) Exploiting the wharf beyond the permitted water area or time period; exploiting it for purposes other than those permitted;

b) Arbitrarily changing the structure, size, or function of the wharf from what is stipulated in the operating permit;

c) Failing to equip or equipping inadequately with fire prevention and firefighting equipment as prescribed;

d) Using loading and unloading equipment without registration or not meeting technical safety standards as prescribed;

đ) Loading or unloading goods or picking up or dropping off passengers when the vessel has not been allowed to enter the loading/unloading position or passenger pick-up/drop-off location;

e) Loading goods onto a vessel exceeding its width or length or obstructing the view of the vessel's driver;

g) Accepting vessels with actual draft or dimensions exceeding those permitted in the operating permit issued by the competent state agency;

4. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for putting an inland waterway wharf into operation without an operating permit for the wharf issued by the competent state agency.

5. A fine of from VND 4,000,000 to VND 5,000,000 shall be imposed on the owner of the port or port operator for any of the following acts:

a) Exploiting the port for purposes other than those permitted; beyond the permitted water area or time period as stipulated in the announcement decision;

b) Arbitrarily changing the structure, size, or function of the port from what is stipulated in the announcement decision on operations;

c) Failing to equip or equipping inadequately with fire prevention and firefighting equipment as prescribed;

d) Using loading and unloading equipment that does not meet technical safety standards as prescribed;

đ) Loading or unloading goods or picking up or dropping off passengers when the vessel has not been allowed to enter the loading/unloading position according to regulations by the specialized state management agency at the port;

e) Loading goods onto a vessel exceeding its width or length or obstructing the view of the vessel's driver;

g) Accepting vessels with actual draft or dimensions exceeding those permitted in the announcement decision issued by the competent state agency;

h) Failing to have or failing to complete annual confirmation procedures for the security certificate for the port accepting foreign watercraft or failing to implement the approved security plan for the port accepting foreign watercraft as prescribed;

i) Failing to arrange or arranging insufficient personnel for security work at the port accepting foreign watercraft as prescribed;

k) Failing to have an oil spill response plan for oil-receiving ports.

6. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for putting a port into operation without being announced as operational by the competent state agency.

7. A fine of from VND 50,000 to VND 100,000 per passenger shall be imposed on the owner of the port, wharf, or port and wharf operator for allowing passengers to disembark from a vessel exceeding its carrying capacity.

8. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on the owner of the port, wharf, or port and wharf operator for loading goods onto each vessel beyond the safe draft mark.

9. The penalty for the acts of the port, wharf owner, and the port, wharf operator allowing motor vehicles carrying goods from the port, wharf to exceed the permissible weight limit and leave the port, wharf shall be as follows:

a) A fine of VND 500,000 to VND 1,000,000 for the act of allowing motor vehicles (including trailers and semi-trailers) carrying goods to exceed the permissible weight (cargo load) recorded in the Vehicle Safety Technical Inspection Certificate and Environmental Protection from 10% to 50% when leaving the port, wharf;

b) A fine of VND 1,000,000 to VND 2,000,000 for the act of allowing motor vehicles (including trailers and semi-trailers) carrying goods to exceed the permissible weight (cargo load) recorded in the Vehicle Safety Technical Inspection Certificate and Environmental Protection from over 50% to 100% when leaving the port, wharf;

c) A fine of VND 2,000,000 to VND 3,000,000 for the act of allowing motor vehicles (including trailers and semi-trailers) carrying goods to exceed the permissible weight (cargo load) recorded in the Vehicle Safety Technical Inspection Certificate and Environmental Protection over 100% when leaving the port, wharf.

10. Additional forms of punishment:

a) Suspension of operation of the port, wharf for one to two months for violations stipulated in Point b Clause 3, Point b Clause 5 of this Article;

b) Suspension of operation of the port, wharf for one to three months for violations stipulated in Clause 9 of this Article in cases of repeated offenses or recidivism.

11. Remedial measures:

a) Compel restoration to the original state for violations stipulated in Point b Clause 3, Point b Clause 5 of this Article;

b) Compel removal of excess passengers beyond the carrying capacity from the means of transport for violations stipulated in Clause 7 of this Article;

c) Compel removal of cargo exceeding the safe draft mark of the means of transport for violations stipulated in Clause 8 of this Article.

Article 24. Violations of regulations on the operation of vessels within the scope of inland waterway ports and wharfs

1. Warning or a fine of VND 200,000 to VND 300,000 for any of the following violations committed by crew members, drivers of non-motorized vessels with a total weight of up to 15 tons or carrying up to 30 people, or motorized vessels with a main engine power of up to 15 horsepower or carrying up to 12 people:

a) Not allowing persons from other vessels to pass through their vessel;

b) Violating port, wharf regulations or causing disorder at the port, wharf;

c) Entering the port, wharf without a departure permit as prescribed;

d) Failing to comply with the dispatching orders of authorized personnel to mobilize vessels for rescue operations;

đ) Moving or anchoring the vessel in unauthorized areas within the port, wharf waters without permission;

e) Entering or leaving the port, wharf without permission from the Inland Waterway Port Authority or the Maritime Port Authority.

2. Administrative penalties shall be imposed for any of the violations stipulated in Clause 1 of this Article, applied separately for each type of vessel, as follows:

a) A fine of VND 500,000 to VND 1,000,000 for non-motorized vessels with a total weight of more than 15 tons to 100 tons or carrying more than 30 people to 100 people, or motorized vessels with a main engine power of more than 15 horsepower to 100 horsepower or carrying more than 12 people to 50 people;

b) A fine of VND 1,000,000 to VND 2,000,000 for non-motorized vessels with a total weight of more than 100 tons to 500 tons or carrying more than 100 people, or motorized vessels with a main engine power of more than 100 horsepower to 400 horsepower or carrying more than 50 people to 100 people, or tugboat groups with a total weight of up to 1,000 tons;

c) A fine of VND 2,000,000 to VND 3,000,000 for non-motorized vessels with a total weight of more than 500 tons, or motorized vessels with a main engine power of more than 400 horsepower or carrying more than 100 people, or tugboat groups with a total weight of more than 1,000 tons.

3. A fine of VND 3,000,000 to VND 5,000,000 for the act of bringing vessels to load/unload goods or pick up/drop off passengers at ports, wharfs that have not been announced or granted operating permits.

Article 25. Violations concerning the loading and unloading of goods on vehiclesANNEX I.A[31]ện

1. A warning or a fine of VND 200,000 to VND 300,000 shall be imposed for any of the following violations, applicable to non-motorized vehicles with a total carrying capacity of up to 15 tons or motorized vehicles with a total engine power of up to 15 horsepower:

a) Loading or unloading goods causing the vehicle to tilt;

b) Loading goods obstructing the driver's view or hindering the operation of the steering system, anchoring system, and other safety equipment;

c) Loading goods exceeding the width or height dimensions of the vehicle;

d) Loading goods beyond the safe draft mark on each vehicle.

2. Administrative penalties shall be imposed for any of the violations stipulated in Clause 1 of this Article, applied separately for each type of vessel, as follows:

a) A fine of VND 300,000 to VND 500,000 shall be imposed for non-motorized vehicles with a total carrying capacity of over 15 tons to 100 tons or motorized vehicles with a total engine power of over 15 horsepower to 100 horsepower;

b) A fine of VND 500,000 to VND 1,000,000 shall be imposed for non-motorized vehicles with a total carrying capacity of over 100 tons or motorized vehicles with a total engine power of over 100 horsepower to 400 horsepower, or tugboat combinations with a total carrying capacity of up to 400 tons;

c) A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for motorized vehicles with a total engine power of over 400 horsepower, or tugboat combinations with a total carrying capacity of over 400 tons to 1,000 tons;

d) A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for tugboat combinations with a total carrying capacity of over 1,000 tons.

3. A fine of VND 3,000,000 to VND 4,000,000 shall be imposed for the act of loading trucks with a carrying capacity of 3.5 tons or more or passenger cars with 16 seats or more onto a single-hull ferry.

4. Measures to remedy consequences:

a) Order to load goods in accordance with regulations for violations stipulated in Clause 1 and Clause 2 of this Article;

b) Order to remove improperly loaded vehicles from the transport means for violations stipulated in Clause 3 of this Article.

Article 26. Violations concerning the transportation of persons and passengersdevelopmentn persons, passengers

1. A warning or a fine of VND 100,000 to VND 200,000 shall be imposed on the person using non-motorized vehicles with a carrying capacity of up to 12 people for transporting persons or passengers who commit any of the following violations:

a) Not providing seating for passengers, allowing passengers to stand on the vehicle or engaging in other acts that endanger the safety of the vehicle; allowing persons or passengers to sit on the roof or both sides of the vehicle;

b) Loading persons, passengers, goods, luggage, bicycles, motorcycles, motorbikes, or other means of transport causing the vehicle to tilt or obstructing the driver's view;

c) Not having safety rules or not disseminating such rules, or not instructing persons or passengers on the use of safety equipment and devices on the vehicle;

d) Transporting small animals without confining them in cages or transporting large animals together with persons or passengers on the vehicle.

2. A fine of VND 200,000 to VND 300,000 shall be imposed on the person using non-motorized vehicles with a carrying capacity of over 12 people or motorized vehicles with a carrying capacity of up to 12 people for transporting persons or passengers who commit any of the violations stipulated in Clause 1 of this Article or any of the following violations:

a) Picking up or dropping off passengers at unauthorized locations;

b) Not having a passenger list for each trip or having a passenger list but it does not comply with regulations, except for river passenger transport;

c) Stacking luggage on passenger walkways.

3. Administrative penalties shall be imposed on the person using a vehicle to transport passengers who commit any of the violations stipulated in Clause 2 of this Article or who run outside their designated route, except for contractual passenger transport; canceling registered trips; transferring passengers to another vehicle without their consent, as follows:

a) A fine of VND 300,000 to VND 500,000 shall be imposed for motorized vehicles with a carrying capacity of over 12 people to 50 people;

b) A fine of VND 500,000 to VND 700,000 shall be imposed for motorized vehicles with a carrying capacity of over 50 people to 100 people;

c) A fine of VND 700,000 to VND 1,000,000 shall be imposed for motorized vehicles with a carrying capacity of over 100 people.

4. Administrative penalties shall be imposed on the person using high-speed vehicles to transport passengers who commit any of the violations stipulated in Clause 2 of this Article or who run outside their designated route, except for contractual passenger transport; canceling registered trips; transferring passengers to another vehicle without their consent, as follows:

a) A fine of VND 500,000 to VND 700,000 shall be imposed for high-speed vehicles designed to travel at 30 km/h or faster with a carrying capacity of under five people;

b) A fine of VND 700,000 to VND 1,000,000 shall be imposed for high-speed vehicles designed to travel at 30 km/h or faster with a carrying capacity of five to twelve people;

c) A fine of VND 1,000,000 to VND 1,500,000 shall be imposed for high-speed vehicles designed to travel at 30 km/h or faster with a carrying capacity of over twelve people to fifty people;

d) A fine of VND 1,500,000 to VND 2,000,000 shall be imposed for high-speed vehicles designed to travel at 30 km/h or faster with a carrying capacity of over fifty people.

5. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for the act of transporting hazardous, flammable, or explosive goods, or diseased animals together with passengers.

6. Administrative penalties shall be imposed on the act of exceeding the carrying capacity of passengers on river passenger transport vehicles or contractual passenger transport vehicles as follows:

a) A fine of VND 50,000 per person transported in excess of the permitted number if the excess is between 5% and 20% of the permitted number;

b) A fine of VND 70,000 per person transported in excess of the permitted number if the excess is over 20% to 50% of the permitted number;

c) A fine of VND 100,000 per person transported in excess of the permitted number if the excess is over 50% of the permitted number.

7. A fine of three to five times the ticket price per passenger transported in excess of the permitted number shall be imposed on fixed-route passenger transport vehicles or tour passenger transport vehicles. In cases where the ticket price cannot be determined, the provisions of Clause 6 of this Article shall apply for punishment.

8. A fine of VND 100,000 per person transported in excess of the permitted number shall be imposed for the act of exceeding the carrying capacity of passengers on floating restaurants, floating hotels, or overnight cruise ships.

9. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for the act of passenger transport without a written approval from the competent state agency as prescribed.

10. A fine of VND 3,000,000 to VND 4,000,000 shall be imposed for the act of passenger transport under a trip contract but without a contract.

11. In cases where the means of transport is permitted to carry both people and goods, if it carries more people than its carrying capacity, it shall be punished according to the provisions of Clause 6, Clause 7, and Clause 8 of this Article; if it carries goods beyond the safe draft mark of the means of transport, it shall be punished according to the provisions of Article 28 of this Decree. In cases where the fine for violating the provisions of Clause 6, Clause 7, and Clause 8 of this Article exceeds VND 75,000,000, the decision on punishment shall be limited to VND 75,000,000.

12. Additional forms of punishment:

Suspension of the right to use the captain's license, certificate of professional competence of the captain, and driving permit for a period of one to two months for violations of the provisions of Point c Clause 6 of this Article or for violations of the provisions of Clause 7 and Clause 8 of this Article if the number of people carried exceeds the permitted number by thirty percent or more.

13. Measures to remedy consequences:

a) Compel the removal of large animals, flammable and explosive goods, and harmful goods from the means of transport for violations of the provisions of Point d Clause 1 and Clause 5 of this Article; compel the removal of excess passengers from the means of transport for violations of the provisions of Clause 6, Clause 7, and Clause 8 of this Article and organize for the excess passengers to reach a safe location.

b) Compel the removal and destruction of diseased animals from the means of transport for violations of the provisions of Clause 5 of this Article.

Article 27. Violations by passengers

1. A warning or a fine of VND 50,000 to VND 100,000 shall be imposed for failing to comply with safety regulations on the means of transport or failing to follow the instructions of crew members or drivers.

2. A fine of VND 100,000 to VND 200,000 shall be imposed for not wearing a life jacket or carrying a floating survival tool when participating in river passenger transport.

3. A fine of VND 200,000 to VND 500,000 shall be imposed for any of the following violations:

a) Carrying luggage that falls under prohibited cargo for passenger transport as provided by law;

b) Causing disorder or disturbance of safety on the means of transport.

Article 28. Violations of exceeding the safe draft mark of the means of transportnvessels

1. A warning or a fine of VND 50,000 to VND 100,000 shall be imposed for carrying goods beyond the safe draft mark up to one-fifth of the height of the side of the means of transport, including any vessel in a tugboat group.

2. Administrative penalties shall be imposed for carrying goods beyond the safe draft mark of the means of transport from one-fifth to one-half of the height of the side of the means of transport, including any vessel in a tugboat group, as follows:

a) A fine of VND 100,000 to VND 200,000 for a total weight of up to fifteen tons;

b) A fine of VND 200,000 to VND 300,000 for a total weight from over fifteen tons to fifty tons;

c) A fine of VND 300,000 to VND 400,000 for a total weight from over fifty tons to one hundred tons;

d) A fine of VND 400,000 to VND 500,000 for a total weight from over one hundred tons to one hundred and fifty tons;

đ) A fine of VND 500,000 to VND 1,000,000 for a total weight from over one hundred and fifty tons to three hundred tons;

e) A fine of VND 1,000,000 to VND 2,000,000 for a total weight from over three hundred tons to five hundred tons or for a tugboat group with a total weight up to four hundred tons;

g) A fine of VND 2,000,000 to VND 3,000,000 for a total weight from over five hundred tons to one thousand tons or for a tugboat group with a total weight from over four hundred tons to one thousand tons;

h) A fine of VND 3,000,000 to VND 4,000,000 for a total weight from over one thousand tons or for a tugboat group with a total weight from over one thousand tons to one thousand five hundred tons;

i) A fine of VND 4,000,000 to VND 5,000,000 for a tugboat group with a total weight from over one thousand five hundred tons.

3. Administrative penalties shall be imposed for carrying goods beyond the safe draft mark more than one-half of the height of the side of the means of transport, including any vessel in a tugboat group, as follows:

a) A fine of VND 300,000 to VND 500,000 for a total weight up to fifteen tons;

b) A fine of VND 500,000 to VND 1,000,000 for a total weight from over fifteen tons to fifty tons;

c) A fine of VND 1,000,000 to VND 2,000,000 for a total weight from over fifty tons to one hundred tons;

d) A fine of VND 2,000,000 to VND 3,000,000 for a total weight from over one hundred tons to one hundred and fifty tons;

đ) A fine of VND 3,000,000 to VND 4,000,000 for a total weight from over one hundred and fifty tons to three hundred tons;

e) A fine of VND 4,000,000 to VND 6,000,000 for a total weight from over three hundred tons to five hundred tons or for a tugboat group with a total weight up to four hundred tons;

g) A fine of VND 6,000,000 to VND 8,000,000 for a total weight from over five hundred tons to one thousand tons or for a tugboat group with a total weight from over four hundred tons to one thousand tons;

h) A fine of VND 8,000,000 to VND 10,000,000 for a total weight from over one thousand tons or for a tugboat group with a total weight from over one thousand tons to one thousand five hundred tons;

i) A fine of VND 10,000,000 to VND 12,000,000 for a tugboat group with a total weight from over one thousand five hundred tons.

4. Additional forms of administrative punishment:

Suspension of the right to use the captain's license and certificate of professional competence of the captain for a period of one to two months for violations of the provisions of Clause 3 of this Article.

Article 29. Violation of regulations on the transportation of dangerous goods

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of transporting dangerous goods without complying with safety regulations against fire, explosion, and toxicity as stated in the permit.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of transporting dangerous goods with one of the following violations:

a) Not equipping means and tools to prevent fire, explosion, and toxicity, or not having a plan to respond to oil pollution and toxic liquid pollution when transporting gasoline, oil, and toxic liquids;

b) The vehicle transporting dangerous goods does not have hazardous cargo markings and warning signs;

c) Not properly implementing the cleaning procedures for vehicles transporting dangerous goods;

d) Cleaning vehicles transporting dangerous goods at unauthorized locations.

3. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of transporting dangerous goods without a permit from the competent state agency.

4. Additional forms of administrative punishment:

Suspension of the right to use the captain's license and certificate of professional competence of the captain for a period of one to three months for the violation stipulated in Point a Clause 2 and Clause 3 of this Article.

Article 30. Violation of regulations on the transportation of live animals and oversized and overweight goods

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of transporting prohibited live animals and live animals that do not ensure hygiene, disease prevention, and environmental protection as prescribed.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of transporting oversized and overweight goods without a safety assurance plan approved by the competent state agency.

3. Additional forms of punishment:

a) Confiscate the prohibited live animals as stipulated in Clause 1 of this Article;

b) Suspension of the right to use the captain's license and certificate of professional competence of the captain for a period of one to three months for the violation stipulated in Clause 1 and Clause 2 of this Article.

4. Measures to remedy consequences:

a) Compel the implementation of hygiene and environmental measures for the violation stipulated in Clause 1 of this Article;

b) Compel the implementation of safety measures for the violation stipulated in Clause 2 of this Article.

Article 31. Violation of regulations on the obligation to purchase civil liability insurance in transport activities

1. Administrative penalties shall be imposed on the owner of the transport vehicle who fails to purchase civil liability insurance for third parties, as follows for each type of vehicle:

a) A fine of VND 200,000 to VND 500,000 shall be imposed on vehicles without engines with a total gross weight of over 15 tons to 100 tons, and vehicles with engine main power exceeding 15 horsepower to 50 horsepower;

b) A fine of VND 500,000 to VND 1,000,000 shall be imposed on vehicles without engines with a total gross weight of over 100 tons to 200 tons, and vehicles with engine main power exceeding 50 horsepower to 150 horsepower;

c) A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on vehicles without engines with a total gross weight of over 200 tons, and vehicles with engine main power exceeding 150 horsepower.

2. Administrative penalties shall be imposed on the owner of the passenger transport vehicle who fails to purchase civil liability insurance for passengers and third parties, as follows for each type of vehicle:

a) A fine of VND 500,000 to VND 1,000,000 shall be imposed on vehicles with a capacity of up to 12 passengers;

b) A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on vehicles with a capacity of over 12 passengers to 50 passengers;

c) A fine of VND 2,000,000 to VND 3,000,000 shall be imposed on vehicles with a capacity of over 50 passengers to 100 passengers;

d) A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on vehicles with a capacity of over 100 passengers; high-speed passenger vehicles.

Article 32. Violations concerning pilots and channel guidance on inland waterways

1. Impose a fine of from VND 1,000,000 to VND 3,000,000 for one of the following violations:

a) Guiding vessels that are required to follow compulsory pilotage without holding a pilot certificate or a pilot competency certificate.

b) Pilots guiding vessels outside their designated operational areas as prescribed.

c) Pilots guiding vessels to anchorage positions not designated by the Inland Waterway Transport Inspectorate.

d) Pilots failing to report changes in the channel to the Inland Waterway Transport Inspectorate.

đ) Pilots leaving the vessel without permission from the master.

2. Fine from 5,000,000 VND to 10,000,000 VND for any of the following violations:

a) Not using a pilot as required.

b) Failing to accurately inform the pilot about the vessel's characteristics and capabilities.

c) Failing to ensure working conditions for the pilot while they are onboard the vessel.

d) Guiding vessels through channels or areas without a pilotage operation permit for that area.

đ) Forcing crew members or drivers to hire pilots in areas where compulsory pilotage is not required.

Chapter III

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND APPLY REMEDIAL MEASURES FOR CONSEQUENCES

Article 33. Authority to issue administrative violation decisions in the field of inland waterway transport

1. The following persons have the authority to issue administrative violation decisions in the field of inland waterway transport:

a) Persons authorized to impose administrative penalties in the field of inland waterway transport.

b) State inspectors and staff from specialized inspection units.

c) Staff from the Inland Waterway Transport Inspectorate and Marine Port Inspectorate.

2. Upon discovering violations of administrative regulations in the field of inland waterway transport, those authorized to issue administrative violation decisions under Clause 1 of this Article must immediately stop the violation and promptly issue an administrative violation decision.

Article 34. Authority of Chairpersons of People's Committees at all levels

Chairpersons of People's Committees at all levels shall impose administrative penalties for violations stipulated in this Decree within their jurisdiction, specifically as follows:

1. The Chairperson of the People's Committee at the commune level has the right to:

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c) Confiscating contraband items and means of transportation used for violations with a value up to 5,000,000 VND.

d) Applying remedial measures: Compelling restoration to the original state; compelling removal of structures, buildings, floating houses, or stalls constructed in violation of provisions set forth in Chapter II of this Decree.

2. The Chairperson of the People's Committee at the district level has the right to:

a) To issue warnings;

b) Imposing a fine up to VND 37,500,000;

c) Revoking the right to use licenses, certificates of professional competence, or other certificates within their authority or suspending operations.

d) Confiscating contraband items and means of transportation used for violations with a value up to 37,500,000 VND.

đ) Applying remedial measures as provided in Chapter II of this Decree.

3. The Chairman of the Provincial People's Committee has the authority to:

a) To issue warnings;

b) Impose a fine up to seventy-five million dong;

c) Revoking the right to use licenses, certificates of professional competence, or other certificates within their authority or suspending operations.

d) Confiscating contraband items and means of transportation used for violations.

đ) Applying remedial measures as provided in Chapter II of this Decree.

Article 35. Authority of the People's Public Security Forces

The People's Public Security Forces have the authority to impose administrative penalties for violations stipulated in this Decree, except for violations specified in Article 15 occurring at new construction, conversion, repair, or restoration facilities, violations specified in Article 18 occurring at training institutions for seafarers and drivers, and violations occurring within the jurisdiction of the Inland Waterway Transport Inspectorate and Marine Port Inspectorate at inland ports and wharves managed by these inspectorates, with specific authority as follows:

1. Public security officers on duty have the authority to:

a) To issue warnings;

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

2. Team leaders, Station chiefs, River Police Squadron chiefs have the authority to:

a) To issue warnings;

b) Impose a fine up to 1,500,000 VND.

3. The Head of the Public Security Police Station has the authority:

a) To issue warnings;

b) Impose fines up to 2,500,000 VND;

c) Confiscating contraband items and means of transportation used for violations with a value up to 2,500,000 VND.

d) Applying remedial measures to compel restoration to the original state as provided in Chapter II of this Decree.

4. County-level Public Security Chiefs, Heads of Traffic Police Departments, River Police Squadron Chiefs; Heads of River Police Departments, Traffic Police Departments, Administrative Management Police Departments, Order Maintenance Police Departments, Environmental Crime Prevention Police Departments, Fire Prevention and Control Police Departments at provincial level; Heads of River Fire Prevention and Control Departments, County-level Fire Prevention and Control Departments at provincial level have the authority to:

a) To issue warnings;

b) Impose fines up to 15,000,000 VND;

c) Revoking the right to use licenses, certificates of professional competence, or other certificates within their authority or suspending operations.

d) Confiscating contraband items and means of transportation used for violations with a value up to 15,000,000 VND.

đ) Applying remedial measures as provided in Chapter II of this Decree, excluding the measure of compelling removal of structures or parts of structures built without permits or in violation of permits.

5. The Director of the Provincial Police Department has the authority to:

a) To issue warnings;

b) Imposing a fine up to VND 37,500,000;

c) Revoking the right to use licenses, certificates of professional competence, or other certificates within their authority or suspending operations.

d) Confiscating contraband items and means of transportation used for violations with a value up to 37,500,000 VND.

đ) Applying remedial measures as provided in Chapter II of this Decree, excluding the measure of compelling removal of structures or parts of structures built without permits or in violation of permits.

6. Heads of the Traffic Police Department, Heads of the Administrative Management Police Department have the authority to:

a) To issue warnings;

b) Impose a fine up to seventy-five million dong;

c) Revoking the right to use licenses, certificates of professional competence, or other certificates within their authority or suspending operations.

d) Confiscating contraband items and means of transportation used for violations.

đ) Applying remedial measures as provided in Chapter II of this Decree, excluding the measure of compelling removal of structures or parts of structures built without permits or in violation of permits.

Article 36. Powers of Waterway Traffic Inspectorsrime Minister cWaterway traffic inspectors have the power to impose administrative penalties within their assigned management scope for violations concerning the management and protection of inland waterway transport works; technical standards for operating inland waterway transport works; inland waterway transport; training institutions for seafarers and drivers; new construction, conversion, repair, and restoration facilities for vessels; vessels, seafarers, and drivers at inland waterway ports or mooring areas, except for inland waterway ports and wharves under the management responsibility of Inland Waterway Port Services Units and Marine Port Services Units, with specific powers as follows:

2. The Heads of Transport Inspection Departments of Provincial Departments of Transport, Leaders of Transport Inspection Teams of Provincial Departments of Transport have the power:

1. Inspectors performing their duties have the right to:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c) To confiscate objects and means used for committing administrative violations with a value up to VND 500,000;

3. Leaders of specialized inspection teams of the Ministry of Transport have the power:

b) To impose fines up to VND 52,500,000;

a) To issue warnings;

b) Imposing a fine up to VND 37,500,000;

c) Revoking the right to use licenses, certificates of professional competence, or other certificates within their authority or suspending operations.

d) Confiscating contraband items and means of transportation used for violations with a value up to 37,500,000 VND.

đ) Applying remedial measures as provided in Chapter II of this Decree.

d) To confiscate contraband items and vehicles used for administrative violations with a value up to VND 52,500,000;

a) To issue warnings;

4. The Head of the Transport Inspection Department of the Ministry of Transport has the power:

c) Revoking the right to use licenses, certificates of professional competence, or other certificates within their authority or suspending operations.

Article 37. Powers of Agencies Assigned to Perform Specialized Inspection Functions for Inland Waterways

đ) Applying remedial measures as provided in Chapter II of this Decree.

Agencies assigned to perform specialized inspection functions for inland waterways have the power to impose administrative penalties within their assigned management scope for violations concerning the management and protection of inland waterway transport works; technical standards for operating inland waterway transport works; inland waterway transport; training institutions for seafarers and drivers; new construction, conversion, repair, and restoration facilities for vessels; vessels, seafarers, and drivers at inland waterway ports or mooring areas, except for inland waterway ports and wharves under the management responsibility of Inland Waterway Port Services Units and Marine Port Services Units, with specific powers as follows:

a) To issue warnings;

b) Impose a fine up to seventy-five million dong;

c) Revoking the right to use licenses, certificates of professional competence, or other certificates within their authority or suspending operations.

d) Confiscating contraband items and means of transportation used for violations.

đ) Applying remedial measures as provided in Chapter II of this Decree.

1. Persons assigned to perform specialized inspection tasks for inland waterway transport while on duty have the power:

2. Leaders of inspection teams of the Vietnam Inland Waterway Administration, Leaders of inspection teams of Inland Waterway District Offices, Directors of Inland Waterway District Offices have the power:

3. Directors of the Vietnam Inland Waterway Administration have the power:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c) To confiscate objects and means used for committing administrative violations with a value up to VND 500,000;

3. Leaders of specialized inspection teams of the Ministry of Transport have the power:

Article 38. Powers of Inland Waterway Port Services Units

a) To issue warnings;

b) Imposing a fine up to VND 37,500,000;

c) Revoking the right to use licenses, certificates of professional competence, or other certificates within their authority or suspending operations.

d) Confiscating contraband items and means of transportation used for violations with a value up to 37,500,000 VND.

đ) Applying remedial measures as provided in Chapter II of this Decree.

Inland Waterway Port Services Units have the power to impose administrative penalties for violations concerning the management and operation of inland waterway ports and wharves; vessels, seafarers, and drivers; cargo handling and passenger embarkation and disembarkation as stipulated in this Decree at assigned ports and wharves, with specific powers as follows:

a) To issue warnings;

b) Impose a fine up to seventy-five million dong;

c) Revoking the right to use licenses, certificates of professional competence, or other certificates within their authority or suspending operations.

d) Confiscating contraband items and means of transportation used for violations.

đ) Applying remedial measures as provided in Chapter II of this Decree.

1. Representatives of Inland Waterway Port Services Units have the power:

c) To confiscate contraband items and vehicles used for administrative violations with a value up to VND 10,000,000.

2. Directors of Inland Waterway Port Services Units under the Vietnam Inland Waterway Administration have the power:

a) To issue warnings;

b) Impose fines up to 10,000,000 VND;

d) To confiscate contraband items and vehicles used for administrative violations with a value up to VND 25,000,000;

2. The Director of the Inland Waterway Port Authority under the Vietnam Inland Waterway Administration has the authority:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) Revoking the right to use licenses, certificates of professional competence, or other certificates within their authority or suspending operations.

d) To confiscate contraband items and means of transport used for administrative violations with a value up to 25,000,000 VND;

đ) Applying remedial measures as provided in Chapter II of this Decree.

Article 39. Competence of the Maritime Port Authority

The Maritime Port Authority has the authority to impose administrative penalties on violations concerning port management and exploitation, inland waterway wharfs; vessels, crew members, drivers; cargo handling, passenger embarkation and disembarkation as stipulated in this Decree at ports and inland waterway wharfs under its jurisdiction within the maritime port waters, with specific competences as follows:

1. The Representative of the Maritime Port Authority has the authority:

a) To issue warnings;

b) Impose fines up to 10,000,000 VND;

d) To confiscate contraband items and vehicles used for administrative violations with a value up to VND 25,000,000;

2. The Director of the Maritime Port Authority has the authority:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) Revoking the right to use licenses, certificates of professional competence, or other certificates within their authority or suspending operations.

d) To confiscate contraband items and means of transport used for administrative violations with a value up to 25,000,000 VND;

đ) Applying remedial measures as provided in Chapter II of this Decree.

Article 40. Competence of the Border Guard Force

The Border Guard Force has the authority to impose administrative penalties on violations concerning the protection of transportation works; vessels, crew members, drivers, inland waterway transport as stipulated in this Decree in border areas under its responsibility, except for the areas under the responsibility of the Inland Waterway Port Authority, with specific competences as follows:

1. Border Guard soldiers on duty have the authority:

a) To issue warnings;

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

2. The Team Leader, Station Leader of the Border Control Station have the authority:

a) To issue warnings;

b) Impose a fine up to 2,500,000 VND.

3. The Head of a Border Guard Post, the Commander of a Border Guard Squadron, the Commander of a Border Guard District, and the Commander of a Border Gate Port Border Guard shall have the authority:

a) To issue warnings;

b) To impose fines up to 15,000,000 dong

c) To confiscate contraband items, means of transport used for administrative violations with a value up to 15,000,000 dong;

d) To apply remedial measures prescribed in Chapter II of this Decree, except for the measure of forced demolition of construction works without permits or constructed contrary to permits.

4. The Commander of the Provincial Border Guard Force, the Commander of the Coastal Border Guard Squadron subordinate to the Border Guard Command have the authority:

a) To issue warnings;

b) Impose a fine up to seventy-five million dong;

c) Confiscate the objects and means used to commit administrative violations;

d) To apply remedial measures prescribed in Chapter II of this Decree, except for the measure of forced demolition of construction works without permits or constructed contrary to permits.

Article 41. Competence of the Coast Guard

The Coast Guard has the authority to impose administrative penalties on violations concerning the protection of transportation works; vessels, crew members, water transport as stipulated in this Decree in areas under its responsibility, except for the areas under the responsibility of the Inland Waterway Port Authority as prescribed in this Decree, with specific competences as follows:

1. Coast Guard officers performing their duties have the right to:

a) To issue warnings;

b) Impose a fine up to 1,500,000 VND.

2. The head of the Coast Guard business affairs team have the right to:

a) To issue warnings;

b) To impose fines up to 3,750,000 dong.

3. The Head of the Maritime Police Operational Team, the Head of the Maritime Police Station have the right to:

a) To issue warnings;

b) Impose fines up to 7,500,000 VND;

c) To apply remedial measures prescribed in Chapter II of this Decree to restore the original condition.

4. The maritime squadron commander have the right to:

a) To issue warnings;

b) To impose fines up to 15,000,000 dong.

c) To confiscate contraband items, means of transport used for administrative violations with a value up to 15,000,000 dong;

d) To apply remedial measures prescribed in Chapter II of this Decree, except for the measure of forced demolition of construction works without permits or constructed contrary to permits.

5. Chiefs of coast guard fleets have the authority to:

a) To issue warnings;

b) To impose fines up to 22,500,000 dong.

c) To confiscate contraband items, means of transport used for administrative violations with a value up to 22,500,000 dong;

d) To apply remedial measures prescribed in Chapter II of this Decree, except for the measure of forced demolition of construction works without permits or constructed contrary to permits.

6. The Commander of the Coast Guard Zone has the authority:

a) To issue warnings;

b) To impose fines up to 37,500,000 dong.

c) To confiscate contraband items, means of transport used for administrative violations with a value up to 37,500,000 dong;

d) To apply remedial measures prescribed in Chapter II of this Decree, except for the measure of forced demolition of construction works without permits or constructed contrary to permits.

7. The Commander of the Coast Guard has the authority:

a) To issue warnings;

b) To impose fines up to 75,000,000 dong.

c) To revoke the right to use operating licenses, certificates of professional competence, or other professional certificates within their authority;

d) Confiscating contraband items and means of transportation used for violations.

đ) Applying remedial measures as provided in Chapter II of this Decree.

Article 42. Competence of Other Forces to Impose Penalties lother matters

The Fisheries Inspection Force, Specialized Inspectors: Fisheries, Natural Resources and Environment, Culture, Sports and Tourism have the authority to impose penalties according to the competences prescribed in Article 46 of the Law on Handling Administrative Violations for administrative violations in fisheries activities, mineral extraction, tourist transport as stipulated in this Decree related to their respective fields of management.

Article 43. Temporary Detention of Vehicles and Related Documents Pertaining to the Driver and the Violating Vehicle

1. To ensure the enforcement of administrative penalty decisions or to verify circumstances serving as the basis for such decisions, the authorized authority may also decide to temporarily detain vehicles and related documents pertaining to the driver and the violating vehicle for any of the acts prescribed in this Decree, in accordance with Clause 6 and Clause 8, Article 125 of the Law on Handling Administrative Violations. When detained documents are held according to Clause 6, Article 125 of the Law on Handling Administrative Violations, if the violator fails to appear at the authorized authority's office within the deadline specified in the administrative violation record for handling the violation case, and continues to operate the vehicle or put it back into traffic circulation, they will be subject to penalties as if they were operating without the required documents.

2. When a vehicle is temporarily detained under the provisions of Clause 1 of this Article, the vehicle owner must bear all costs (if any) for using alternative means of transportation to transport passengers and goods carried on the detained vehicle.

Article 44. Revocation of License Usage Rights, Professional Certificates, and Suspension of Operations for a Specified Period

1. The revocation of license usage rights, professional certificates, or suspension of operations shall be implemented in accordance with Chapter II of this Decree.

2. The duration of the revocation of license usage rights, professional certificates, or the suspension period for a specific violation prescribed in this Decree is the average term within the range of time set for revocation or suspension of operations for that act; if there are mitigating circumstances, the revocation or suspension period is the minimum term within the range of time set for revocation or suspension of operations; if there are aggravating circumstances, the revocation or suspension period is the maximum term within the range of time set for revocation or suspension of operations.

3. The starting point for calculating the duration of the revocation of license usage rights, professional certificates is as follows:

a) In cases where the authorized authority has temporarily detained the license or professional certificate of the individual or organization committing the violation at the time of issuing the administrative penalty decision, the starting point for calculating the duration of the revocation of license usage rights, professional certificates is the effective date of the administrative penalty decision.

b) In cases where the authorized authority has not temporarily detained the license or professional certificate of the individual or organization committing the violation at the time of issuing the administrative penalty decision, the authorized authority still issues the administrative penalty decision according to the content of the decision which clearly states the effective date of the supplementary penalty form of revocation of license usage rights, professional certificates (the starting point for calculating the revocation period) from the date when the violator presents the license or professional certificate to the authorized authority for temporary detention.

c) When temporarily detaining licenses or professional certificates whose usage rights are revoked according to Point b of this Clause, and when returning licenses or professional certificates whose usage rights are revoked according to Points a and b of this Clause, the authorized authority must prepare a record and retain the administrative violation case file as prescribed.

4. During the period of revocation of license usage rights, professional certificates, if individuals or organizations continue to conduct activities listed in the license or professional certificate, they will be penalized as if they were operating without the license or professional certificate.

5. In cases where the person committing the violation is subject to the penalty of revocation of license usage rights, professional certificates but the remaining validity period of the license or professional certificate is less than the revocation period, the authorized authority still issues a penalty decision applying the form of revocation of license usage rights, professional certificates for the violation.

Chapter IV

IMPLEMENTING PROVISIONS

Article 45. Effectiveness lativefor implementation

1. This Decree takes effect from July 1, 2016.

2. This Decree abolishes the provisions on administrative penalties related to inland waterway transport in Decree No. 93/2013/NĐ-CP dated August 20, 2013 of the Government on administrative penalties in the maritime and inland waterway transport sectors.

Article 46. Transitional Provisionsdevelopmentn continue

For administrative violations in the field of inland waterway transport that occur before this Decree takes effect but are discovered later or are under consideration for resolution, the provisions on penalties shall be applied according to the principle of being favorable to the organizations and individuals who have committed the violations.

Article 47. Implementation Organization

1. The Minister of Transport shall be responsible for guiding and organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for implementing this Decree./.