Decree No. 137/2004/ND-CP on administrative penalties in Vietnam's maritime zones and continental shelf

DECREE

Provisions on administrative penalties for violations in maritime zones and

the continental shelf of the Socialist Republic of Vietnam VVietnam

_______________________

THE GOVERNMENT

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

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

Pursuant to the Ordinance on the Coast Guard Force of Vietnam dated March 28, 1998;

Upon the proposal of the Minister of National Defense,

DECREE:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates administrative penalties for individuals and organizations, both domestic and foreign, engaged in all activities in the maritime zones and the continental shelf of the Socialist Republic of Vietnam (excluding seaports).

Article 2. Applicability

1. Individuals and organizations of Vietnam committing administrative violations in the maritime zones and the continental shelf of the Socialist Republic of Vietnam (excluding seaports) shall be subject to administrative penalties under this Decree and other provisions of Vietnamese law.

2. Foreign individuals and organizations committing administrative violations in the maritime zones and the continental shelf of the Socialist Republic of Vietnam (excluding seaports) shall also be subject to administrative penalties under this Decree and other provisions of Vietnamese law, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Article 3. Principles of administrative penalties

The principles of administrative penalties shall be implemented in accordance with Article 3 of the Ordinance on Handling Administrative Violations.

Article 4. Aggravating circumstances, mitigating circumstances

Aggravating circumstances and mitigating circumstances applied in administrative penalties for violations specified in Chapter II of this Decree shall be implemented in accordance with Articles 8 and 9 of the Ordinance on Handling Administrative Violations.

Article 5. Time limit for administrative penalties; period considered as not having been administratively penalized

1. The time limit for administrative penalties is one year, counted from the date of the administrative violation: for administrative violations in environmental, export, import, exit, and entry sectors; the time limit for administrative penalties is two years, counted from the date of the administrative violation: for administrative violations in smuggling and counterfeit goods sectors; if beyond these periods, no penalty will be imposed but measures to remedy the consequences provided for in Clause 3 of Article 12 of the Ordinance on Handling Administrative Violations will still be applied.

Other provisions regarding the time limit for applying Clauses 2 and 3 of Article 10 of the Ordinance on Handling Administrative Violations.

2. Period considered as not having been administratively penalized: individuals and organizations that have been administratively penalized, if within one year from the date of completion of the administrative penalty decision or from the date when the time limit for enforcement of the administrative penalty decision has expired without reoffending, shall be considered as not having been administratively penalized.

Article 6. Forms of administrative penalties and measures to remedy consequences

Forms of administrative penalties and measures to remedy the consequences prescribed in this Decree shall be implemented in accordance with Chapter II of the Ordinance on Handling Administrative Violations.

Chapter II

FORMS AND AMOUNTS OF ADMINISTRATIVE PENALTIES FOR VIOLATIONS

VIOLATIONS

Article 7. Administrative penalties for violations by foreign vessels and ships

1. A fine of VND 5,000,000 to VND 10,000,000 for the act of anchoring or mooring illegally in Vietnam's internal waters or territorial sea.

2. A fine of between 10,000,000 VND and 20,000,000 VND shall be imposed for one of the following acts:

Emitting smoke, firing various types of guns, launching signals, or using explosives in Vietnam's internal waters, territorial sea, and contiguous zone for any purpose, except for firing distress signal cartridges and ceremonial gunfire.

3. A fine of between 20,000,000 VND and 30,000,000 VND shall be imposed for one of the following acts:

Obstructing maritime traffic; fishing, aquaculture activities; marine resource exploration, exploitation activities; lawful activities on Vietnam's maritime zones and continental shelf.

4. A fine of VND 30,000,000 to VND 40,000,000 for any of the following acts:

a) Using radio communication frequencies contrary to the laws of the Socialist Republic of Vietnam on postal and telecommunications services;

b) Causing harmful interference to maritime safety communication networks and other communication networks of the Socialist Republic of Vietnam.

5. A fine of VND 40,000,000 to VND 50,000,000 for the following act:

Not securing all fixed and mobile weapons on board to a safe state when entering Vietnam's internal waters, territorial sea, or contiguous zone.

6. A fine of VND 50,000,000 to VND 60,000,000 for any of the following acts:

Not applying specialized preventive measures against dangers and hazards or not providing technical documents about radioactive materials, dangerous, or hazardous substances to Vietnamese authorities when requested for nuclear-powered vessels and vessels carrying radioactive materials, transporting or using dangerous or hazardous substances when passing through Vietnam's internal waters, territorial sea, and contiguous zone.

7. A fine of VND 60,000,000 to VND 100,000,000 for any of the following acts:

Removing people from or putting people onto vessels in contravention of Vietnamese laws on exit and entry; harboring, conniving, shielding, or assisting persons violating Vietnamese laws in Vietnam's maritime zones.

8. Additional forms of punishment:

Confiscation of objects and means used to commit administrative violations as stipulated in Clause 2 and Clause 4 of this Article.

Article 8. Administrative penalties for violations by foreign fishing vessels operating in Vietnam's maritime zones

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts:

a) Not retracting fishing nets or other fishing gear;

b) Not securing all types of fish-finding equipment to a safe state.

2. Additional forms of punishment:

Confiscation of objects and means used to commit administrative violations as stipulated in Clause 1 of this Article.

Article 9. Administrative penalties for violations by foreign individuals and organizations conducting scientific research in Vietnam's maritime zones

1. A fine of VND 10,000,000 to VND 20,000,000 for conducting scientific research outside the permitted location or content.

2. A fine of VND 20,000,000 to VND 30,000,000 for carrying weapons, ammunition, explosives, toxic substances, or reconnaissance equipment.

3. A fine of VND 30,000,000 to VND 50,000,000 for installing or using research equipment, facilities, or structures without permission from competent Vietnamese authorities.

4. Additional forms of punishment and remedial measures:

a) Confiscate the objects and means used to commit administrative violations as stipulated in Clauses 2 and 3 of this Article;

b) Order the removal of structures, equipment, and tools, and revoke or suspend the operation of licenses for administrative violations as stipulated in Clause 3 of this Article.

Article 10. Punish acts violating other provisions of the law on security, public order, and safety at sea.

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

a) Berthing alongside vessels to conduct transactions with foreign vessels; buying, selling, transporting, or exchanging goods illegally;

b) Refusing to comply with or obstructing inspections and controls conducted by maritime patrol and control forces.

2. Impose a fine of from VND 10,000,000 to VND 30,000,000 for acts violating tourism activities and other activities not in accordance with the provisions recorded in the license.

3. Impose a fine of from VND 30,000,000 to VND 50,000,000 for acts violating exploration, research, and other activities not in accordance with the location, scope, nature, profession, and provisions recorded in the license.

4. Impose a fine of from VND 50,000,000 to VND 100,000,000 for one of the following acts:

a) Operating a vessel into a prohibited area or an area requiring a permit without such a permit;

b) Foreign individuals' or organizations' submarines or underwater vehicles navigating or mooring in territorial waters that cannot navigate, moor, or fly their national flag as prescribed.

5. Impose a fine of from VND 300,000,000 to VND 500,000,000 for acts by foreign individuals or organizations infringing upon Vietnam's maritime zones and continental shelf using radar devices, ultrasonic transmitters, monitoring equipment, measuring instruments, diving gear, and other types of equipment to study, explore, and exploit oil and gas resources and other natural resources.

6. Additional forms of punishment:

a) Confiscate goods for violations as stipulated in Point a, Clause 1 of this Article;

b) Confiscate objects and means used to commit administrative violations as stipulated in Clauses 3 and 5 of this Article;

c) Suspend the right to use the license for from three to six months or indefinitely for violations as stipulated in Clauses 2 and 3 of this Article.

Article 11. Punish acts violating regulations on preventing, combating, and controlling narcotics that are not criminal offenses.

1. Impose a fine of from VND 500,000 to VND 1,000,000 for acts of smoking, injecting, inhaling, or using narcotic substances in other ways.

2. Impose a fine of from VND 5,000,000 to VND 10,000,000 for other acts related to the prevention and control of narcotics.

Article 12. Punish acts violating regulations on ship registration and seafarers.

1. Impose a fine of from VND 1,000,000 to VND 5,000,000 for one of the following acts:

a) Damaging the ship registration certificate;

b) Damaging the seafarer's passport or professional certificates;

c) Damaging the seafarer's logbook;

d) Professional certificates and seafarer passports have expired without being renewed or reissued as prescribed.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Not having a seafarer's passport;

b) Not having a seafarer's logbook;

c) Seafarers not having the required qualifications and professional certificates as prescribed.

3. Impose a fine of from VND 10,000,000 to VND 15,000,000 for acts of erasing, forging, renting, or borrowing certificates related to ship registration, seafarer passports, licenses, and professional certificates.

4. Impose a fine of from VND 15,000,000 to VND 20,000,000 for one of the following acts:

a) Operating a ship without a ship registration certificate;;

b) Failing to register changes in ship ownership as required by law when the ship has been transferred;

c) Not having a departure clearance from the last port.

5. Additional forms of punishment:

Confiscate the ship registration certificate, seafarer's passport, or licenses and professional certificates for violations as stipulated in Clause 3 of this Article.

Article 13. Punish acts violating regulations on ensuring the safety of human life and ships.

1. Impose a fine of VND 500,000 (per passenger) for carrying more passengers than allowed.

2. Fine from VND 500,000 to VND 1,000,000 for one of the following acts:

a) The ship does not have a lifesaving and rescue duty chart placed in necessary locations or the chart is damaged. There is no assignment chart for lifesaving and rescue duties for each crew member as required on board;

b) The ship does not have operational instructions for lifesaving and rescue equipment or the instructions are damaged;

c) There is no ship logbook or it is used incorrectly;

d) There are no or insufficient certificates issued to the ship as required;

đ) Certificates have expired or ceased to be valid;

e) Erasing or forging certificates.

3. Impose a fine of from VND 1,000,000 to VND 5,000,000 for one of the following acts:

a) Damaging certificates issued to the ship in the field of maritime safety as prescribed;

b) The ship does not have the minimum safe manning or exceeds the prescribed manning;

c) The person assigned to a position does not match the name registered in the seafarer's logbook;

d) There is no or the name of the ship and its registration number are not clearly or correctly written as required.

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Not having all the required lifesaving equipment as prescribed;

b) Lifesaving equipment does not meet quality standards or is not ready for immediate use.

5. Impose a fine of from VND 10,000,000 to VND 15,000,000 for one of the following acts:

a) Not having lifesaving and rescue equipment as prescribed;

b) Lifesaving equipment has expired;

c) Carrying cargo beyond the permitted weight limit.

6. Impose a fine of from VND 15,000,000 to VND 30,000,000 for vessels illegally carrying passengers.

7. Additional forms of punishment:

a) Suspend the right to use the license for from three to six months or indefinitely for violations as stipulated in Clause 1, Point c, Clause 5 of this Article;

b) Confiscate the means used if there is a repeat offense for administrative violations as stipulated in Clause 6 of this Article; order the replacement of counterfeit certificates as stipulated in Point e, Clause 2 of this Article.

Article 14. Punish acts violating regulations on fire and explosion prevention and control on ships and boats.

1. Impose a fine of from VND 2,000,000 to VND 10,000,000 for one of the following acts:

a) Lack of fire system diagrams, firefighting duty rosters, and operational guidance charts on board;

b) Firefighting equipment not placed in the designated locations on board;

c) Crew members on board not proficient in using firefighting equipment;

d) Absence of emergency response plans;

2. A fine of from VND 10,000,000 to VND 15,000,000 for any of the following actions:

a) Failure to comply with or incomplete compliance with regulations on fire prevention and extinguishing;

b) Inadequate provision of firefighting equipment as required by Vietnamese law and international treaties to which Vietnam is a party;

c) Firefighting equipment not in a state of readiness for operation or no longer capable of functioning;

d) Absence of necessary warning signs or instructions at areas prone to fire or explosion;

đ) Failure to properly implement regulations on the maintenance and upkeep of firefighting equipment;

e) Carrying flammable or explosive materials together with passengers;

3. Additional forms of punishment:

Confiscate items used to commit administrative violations as specified in point e, Clause 2 of this Article;

Article 15. Punish violations of maritime safety rules;

1. Fine from 2,000,000 VND to 5,000,000 VND for the person controlling the vessel who violates the following navigation rules:

a) Failure to use or improper use of prescribed signal types;

b) Failure to comply with collision avoidance rules at sea;

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Failure to set up warning signals when vessels or other obstructions sink and create hazards at sea;

b) Failure to set up warning signals for artificial islands or marine structures;

c) Causing displacement or loss of effectiveness of marine navigational aids;

3. Remedial measures:

Order immediate installation of warning signals for violations specified in points a and b, Clause 2; order restoration to original condition for violations specified in point c, Clause 2 of this Article;

Article 16. Punish violations of maritime traffic order and safety regulations;

1. Imposing a fine from VND 1,000,000 to VND 5,000,000 for any of the following acts:

a) Allowing other vessels to improperly attach or moor to their vessel while underway;

b) Improper use of towing vessels;

c) Passenger vessels lacking posted internal regulations in designated locations on board;

d) Arranging or allowing passengers to sit in unauthorized locations;

đ) Stowing cargo improperly;

2. Fine from 10,000,000 VND to 20,000,000 VND for installing false license plates when operating a vessel;

3. Additional forms of punishment:

Suspend the right to use certificates of competency of the master for three to six months or indefinitely; confiscate items and vessels used to commit administrative violations as specified in Clause 2 of this Article;

Article 17. Punish violations of search and rescue regulations;

1. Fine from 5,000,000 VND to 10,000,000 VND for failing to strictly comply with the content of search and rescue mobilization orders issued by competent authorities;

2. Fine from 10,000,000 VND to 20,000,000 VND for failure to comply with search and rescue regulations at sea;

3. Fine from 20,000,000 VND to 50,000,000 VND for failure to comply with mobilization orders for search and rescue missions issued by competent authorities;

Article 18. Punish violations of regulations concerning salvage of sunken assets at sea;

1. Fine from 200,000 VND to 1,000,000 VND for failure to report or incorrect reporting upon discovery of sunken assets at sea;

2. A fine of between 10,000,000 VND and 20,000,000 VND shall be imposed for one of the following acts:

a) Failure to install or timely install appropriate warning signals corresponding to the location of sunken assets;

b) Conducting salvage operations or concluding salvage operations not in accordance with prescribed timeframes;

c) Salvaging sunken assets without a permit;

3. Fine from 50,000,000 VND to 100,000,000 VND for each violation of regulations concerning salvage or trading of archaeological and historical artifacts within Vietnam's inland waters, territorial seas, and contiguous zones;

4. Additional forms of administrative punishment:

a) Confiscate items and vessels used to commit administrative violations as specified in point b, c, Clause 2 and Clause 3 of this Article;

b) Order installation of warning signals indicating the location of sunken assets as specified in point a, Clause 2 of this Article;

Article 19. Punish violations of regulations concerning prevention of marine environmental pollution caused by vessels and ships;

1. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Lack of sufficient oil filtering equipment and bilge water cleaning equipment as required by Vietnamese law and relevant international treaties to which Vietnam is a party;

b) Oil filtering equipment no longer functional;

c) Failure to maintain an oil record book or maintaining it incorrectly;

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Lack of oil spill response plans as required;

b) Lack of certification regarding prevention of pollution caused by oil as required;

||| 3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for any of the following acts:

a) Discharging garbage, waste, or wastewater containing oil and other harmful substances into the sea in prohibited or restricted areas;

b) Discharging, dumping oil, grease, toxic chemicals, radioactive materials, hazardous waste, or other harmful substances not in accordance with regulations;

c) Violating other regulations concerning prevention of marine environmental pollution caused by vessels and ships;

4. Apply remedial measures:

Order implementation of measures to mitigate environmental pollution and degradation for violations specified in Clause 3 of this Article; if damage occurs, compensation must be provided according to the law;

Article 20. Punish violations concerning transportation of hazardous materials at sea;

1. Impose a fine of from VND 2,000,000 to VND 10,000,000 for one of the following acts:

a) Failure to maintain cargo records or maintaining them incorrectly for vessels carrying liquid hazardous materials;

b) Lack of certification regarding prevention of pollution caused by transporting liquid hazardous materials as required;

c) Vessels carrying hazardous materials lack special inventory lists or declarations of hazardous materials and their placement on board;

d) Failure to provide or providing incorrectly the necessary characteristics of hazardous goods being transported;

đ) Violating other regulations during transportation of hazardous materials;

2. A fine of from VND 10,000,000 to VND 15,000,000 for any of the following actions:

a) Lack of permits for transporting hazardous materials;

b) Transporting hazardous materials not in accordance with regulations stipulated in the permit;

3. Fine from 15,000,000 VND to 20,000,000 VND for any of the following acts:

a) Carrying hazardous materials together with passengers;

b) Hazardous materials not properly packaged, labeled, or marked appropriately and in a suitable condition for transport to minimize risks to the marine environment.

c) Failure to have preventive and emergency response plans during the transportation of hazardous substances;

d) Lack of internal regulations, warning signs, or safety instructions, technical equipment for prevention to ensure safety requirements when transporting hazardous substances;

đ) Failure to comply with other provisions regarding the application of special preventive measures as prescribed for environmental protection;

4. Forms of supplementary penalties:

a) Revocation of the right to use the environmental permit for a period of three to six months or indefinitely for violations stipulated in Clause 1 of this Article;

b) Confiscation of means of transport and forced destruction of hazardous substances used for administrative violations stipulated in point a, Clause 2 of this Article;

Article 21. Penalty for violations related to the transportation of waste at sea

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

a) Transporting waste and pollutants not in accordance with environmental protection regulations;

b) Transporting waste not in accordance with the provisions stated in the permit;

2. A fine of from VND 10,000,000 to VND 15,000,000 for any of the following actions:

a) Failure to have a permit for the transportation of hazardous waste, radioactive waste;

b) Transporting hazardous waste, radioactive waste not in accordance with the provisions stated in the permit;

3. Fine from 15,000,000 VND to 20,000,000 VND for any of the following acts:

a) Failure to equip or insufficiently equip technical equipment to ensure safety requirements when transporting hazardous waste, radioactive waste;

b) Lack of written consent from the competent state management agency for the environment when transporting hazardous waste, radioactive waste through Vietnam's internal waters and territorial sea;

c) Failure to notify the competent state management agency for the environment in advance when transporting hazardous waste, radioactive waste through Vietnam's exclusive economic zone;

4. Additional forms of punishment and remedial measures:

a) Revocation of the right to use the environmental permit for a period of three to six months or indefinitely for violations stipulated in Clause 1, point b, Clause 2, and point a, Clause 3 of this Article;

b) Forced destruction of hazardous waste, radioactive materials for violations stipulated in point a, Clause 2 of this Article;

c) Compulsion to remedy consequences caused by violations stipulated in this Article;

Article 22. Penalty for foreign individuals and organizations engaging in acts that infringe upon Vietnam's maritime zones and continental shelf for fishing purposes

1. A fine of VND 10,000,000 to VND 20,000,000 for organizations and individuals using vessels without engines or with main engine power under 45 HP;

2. A fine of VND 20,000,000 to VND 50,000,000 for organizations and individuals using vessels with main engine power from 45 HP to 90 HP;

3. A fine of VND 50,000,000 to VND 100,000,000 for organizations and individuals using vessels with main engine power from 90 HP to 135 HP;

4. A fine of VND 100,000,000 to VND 200,000,000 for organizations and individuals using vessels with main engine power from 135 HP to 200 HP;

5. A fine of VND 200,000,000 to VND 300,000,000 for organizations and individuals using vessels with main engine power from 200 HP to 300 HP;

6. A fine of VND 300,000,000 to VND 400,000,000 for organizations and individuals using vessels with main engine power from 300 HP to 400 HP;

7. A fine of VND 400,000,000 to VND 500,000,000 for organizations and individuals using vessels with main engine power over 400 HP;

8. Forms of supplementary penalties;

Confiscation of objects and means of transport used for committing administrative violations stipulated in Clause 1, 2, 3, 4, 5, 6, and 7 of this Article;

Chapter III

AUTHORITY TO IMPOSE ADMINISTRATIVE PENALTIES AND PROCEDURES FOR APPLYING MEASURES TO PREVENT ADMINISTRATIVE VIOLATIONS

Article 23. Authority of the Vietnam Coast Guard to impose administrative penalties

1. In Vietnam's maritime zones and continental shelf (excluding seaports), the Vietnam Coast Guard has the authority to impose administrative penalties for violations as prescribed in this Decree and other relevant laws;

2. In areas of security, public order, customs, taxation, trade, environmental protection, marine resource conservation, mineral resource protection, animal and plant quarantine, and other related administrative violations on Vietnam's maritime zones and continental shelf, the Vietnam Coast Guard imposes administrative penalties according to Government Decrees issued for those fields;

3. Coast Guard officers of the Vietnam Coast Guard's Professional Units have the right:

a) To issue warnings;

b) Imposing a fine up to VND 200,000.

4. The Head of the Vietnam Coast Guard's Professional Units has the right:

a) To issue warnings;

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

5. The Commander of the Vietnam Coast Guard's Professional Units has the right:

a) To issue warnings;

b) To impose a fine up to VND 2,000,000;

6. The Commander of the Vietnam Coast Guard's Squadron has the right:

a) To issue warnings;

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

c) To apply remedial measures:

Compel restoration to the original condition before it was altered due to administrative violations or compel demolition of unauthorized construction;

Compel implementation of measures to mitigate environmental pollution and disease spread caused by administrative violations;

Compel destruction of items harmful to human health, animals, plants, and harmful cultural products;

7. The Commander of the Vietnam Coast Guard's Flotilla has the right:

a) To issue warnings;

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

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

d) To apply remedial measures:

Compel restoration to the original condition before it was altered due to administrative violations or compel demolition of unauthorized construction;

Compel implementation of measures to mitigate environmental pollution and disease spread caused by administrative violations;

Compel destruction of items harmful to human health, animals, plants, and harmful cultural products;

8. The Commander of the Vietnam Coast Guard's Region has the right:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

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

d) To apply remedial measures:

Compel restoration to the original condition before it was altered due to administrative violations or compel demolition of unauthorized construction;

Compel implementation of measures to mitigate environmental pollution and disease spread caused by administrative violations;

Compel destruction of items harmful to human health, animals, plants, and harmful cultural products;

9. The Director of the Vietnam Coast Guard has the right:

a) To issue warnings;

b) To impose a fine up to VND 500,000,000;

c) To revoke the right to use permits and certificates within their jurisdiction;

d) Confiscate objects and means used to commit administrative violations;

đ) To apply remedial measures:

Compel restoration to the original condition before it was altered due to administrative violations or compel demolition of unauthorized construction;

Compel implementation of measures to mitigate environmental pollution and disease spread caused by administrative violations;

Compel destruction of items harmful to human health, animals, plants, and harmful cultural products;

10. In cases where those authorized to impose administrative penalties as stipulated in Clauses 3, 4, 5, 6, and 7 of this Article are absent, the deputy authorized may exercise such authority and shall be responsible for their decisions;

Article 24. Authority to apply measures to prevent administrative violations and ensure the handling of administrative violations by the Vietnam Coast Guard

1. The following persons have the authority to apply measures to prevent administrative violations:

a) Coast Guard officers of the Vietnam Coast Guard's Professional Units in cases prescribed in Articles 47 and 48 of the Administrative Violations Handling Ordinance;

b) The Commander of the Vietnam Coast Guard's Squadron;

c) The Commander of the Vietnam Coast Guard's Flotilla.

2. The application of measures to prevent administrative violations and ensure the handling of administrative violations as prescribed in points a, b, c, d, and đ Clause 1 Article 43 of the Administrative Violation Handling Ordinance.

3. When applying measures to prevent administrative violations and ensuring the handling of administrative violations, those with authority must strictly comply with the provisions of Articles 44, 45, 46, 47, 48, and 49 of the Administrative Violation Handling Ordinance; if violated, they will be dealt with according to the provisions of Article 121 of the Administrative Violation Handling Ordinance.

4. In cases where the persons prescribed in points b and c Clause 1 of this Article are absent, the authorized deputy has the right to decide and must bear responsibility for their decision.

Article 25. Authority of other agencies and forces

1. Those with authority as prescribed in the Administrative Violation Handling Ordinance have the right to impose fines, apply measures to prevent administrative violations, and ensure the handling of administrative violations, and other authorities related to violations under this Decree that pertain to their managed fields or sectors.

2. The principle for determining the authority to impose administrative violation penalties of other specialized forces and People's Committees at all levels in this Decree shall be implemented according to the provisions of Article 42 of the Administrative Violation Handling Ordinance and other relevant laws.

3. Specialized state management agencies, upon discovering administrative violations, shall impose penalties within their authority; if not within their authority, they must prepare a record and transfer it to the Vietnam Coast Guard Force or another competent agency to impose penalties according to the law.

Article 26. 2. Organizations and individuals fined must pay the fine at the place designated in the administrative penalty decision and receive a receipt for the fine payment. In remote, isolated areas, on rivers, at sea, or in regions where travel is difficult, or outside regular working hours, individuals and organizations subject to penalties may pay the fine to the person authorized to impose penalties and receive a receipt for the fine payment.

The procedure for imposing administrative violation penalties shall be carried out according to the provisions of Chapter VI of the Administrative Violation Handling Ordinance and Chapter VI of Decree No. 134/2003/NĐ-CP dated November 14, 2003 detailing the implementation of certain articles of the Administrative Violation Handling Ordinance in 2002.

Chapter IV

COMPLAINTS, REPORTS, AND HANDLING OF VIOLATIONS

Article 27. Complaints, accusations, and resolution of complaints and accusations

1. Individuals and organizations subject to administrative violation handling under this Decree or their legally authorized representatives have the right to appeal against the penalty decision of those with authority according to the law on appeals and complaints. During the time awaiting the resolution of the appeal by the agency or person with authority, individuals and organizations subject to the fine must still execute the penalty decision, except in cases where construction works need to be dismantled.

In cases where individuals or organizations disagree with the resolution of their appeal, they have the right to appeal to a higher authority or initiate an administrative lawsuit before the court according to the law.

2. Individuals have the right to report to state agencies with authority about administrative violations committed by other individuals or organizations as stipulated in this Decree according to the law on appeals and complaints.

3. Individuals have the right to report to state agencies with authority about illegal acts of those with authority to impose administrative violation penalties as prescribed in Article 25 of this Decree.

Article 28. Handling Violations

1. Those with authority to handle administrative violations in this Decree who harass, tolerate, shield, fail to impose penalties, impose penalties untimely, improperly, or exceed their authority in imposing penalties shall be disciplined or criminally prosecuted depending on the nature and degree of the violation, and if damage is caused, they must compensate according to the law.

2. Individuals subject to administrative violation penalties who obstruct, oppose officials responsible for inspection, supervision, and imposition of penalties, or intentionally delay or evade execution of the administrative violation penalty decision shall be dealt with administratively or criminally prosecuted depending on the nature and degree of the violation, and if damage is caused, they must compensate according to the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 29. Effectiveness of the Decree

This Decree takes effect 15 days from the date of publication in the Official Gazette and replaces Decree No. 36/1999/NĐ-CP dated June 9, 1999 of the Government regarding the imposition of administrative violation penalties in the territorial waters, contiguous zone, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam.

Other provisions of the law on imposing penalties for administrative violations at sea contrary to this Decree are abolished.

Article 30. Responsibilities of agencies

1. The Minister of National Defense shall take the lead and coordinate with relevant ministries and sectors to guide, inspect, and urge the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of Provincial People's Committees, and Directors of the Coast Guard Bureau are responsible for implementing this Decree./.