Circular No. 137/2005/TT-BQP guiding the implementation of Decree No. 137/2004/NĐ-CP dated June 16, 2004 of the Government on administrative penalties for violations in the maritime zones and continental shelf of the Socialist Republic of Vietnam.

 

CIRCULAR

Guidelines for Implementing Decree No. 137/2004/NĐ-CP dated June 16, 2004 of the Government on Administrative Sanctions for Violations in the Exclusive Economic Zone and Continental Shelf concerning administrative sanctions for violations in the exclusive economic zone and continental shelf of the Socialist Republic of Vietnam

To implement Decree No. 137/2004/NĐ-CP dated June 16, 2004 of the Government on Administrative Sanctions for Violations in the Exclusive Economic Zone and Continental Shelf of the Socialist Republic of Vietnam (hereinafter referred to as "the Decree"), the Ministry of National Defense provides specific guidelines as follows:

I. GENERAL PROVISIONS

1. Administrative Sanctions for Violations in the Exclusive Economic Zone and Continental Shelf of the Socialist Republic of Vietnam Administrative sanctions for violations in the exclusive economic zone and continental shelf of the Socialist Republic of Vietnam shall be applied to individuals and organizations that intentionally or negligently violate regulations of the State management in all fields within the exclusive economic zone and continental shelf of the Socialist Republic of Vietnam, which are not criminal offenses as defined in the Decree and must be subject to administrative sanctions under the law.

2. Scope of Application

The implementation of administrative sanctions according to the Decree shall apply in areas such as security, public order and safety; customs; taxation; trade; environmental protection; protection of aquatic resources; mineral resource protection; quarantine of animals and plants, health care, and other related fields within the exclusive economic zone and continental shelf of the Socialist Republic of Vietnam (excluding seaports).

3. Subjects Subject to Administrative Sanctions

Individuals and organizations from Vietnam and foreign countries are subjects of administrative sanctions as stipulated in Article 1 of the Decree, understood as follows:

3.1. Vietnamese individuals are those with Vietnamese citizenship, including the following categories:

Individuals aged 14 years or older but under 16 years old who commit intentional administrative violations; individuals aged 16 years or older who commit any administrative violations caused by themselves.

Military personnel on active duty, reservists during concentrated training periods, and members of the People's Public Security Forces who commit administrative violations shall be handled like other citizens; in cases where it is necessary to apply the form of administrative sanction involving the revocation of certain licenses for national defense and security purposes, the authority imposing the sanction shall not directly handle the matter but shall refer it to the competent military or public security agencies for handling within their jurisdiction.

3.2. Vietnamese organizations are organizations established in Vietnam in accordance with Vietnamese law, including state agencies, political-social organizations, social organizations, economic organizations, and people's armed forces units.

3.3. Foreign individuals are those without Vietnamese citizenship.

3.4. Foreign organizations are organizations not established in Vietnam in accordance with Vietnamese law.

4. Principles of Administrative Sanctions

The principles of administrative sanctions shall be implemented in accordance with Article 3 of the Law on Handling Administrative Violations, and Article 3 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing certain provisions of the Law on Handling Administrative Violations in 2002 (hereinafter referred to as "Decree No. 134/2003/NĐ-CP").

5. Cases Not Subject to Administrative Sanctions

Cases not subject to administrative sanctions shall be implemented in accordance with Article 4 of Decree No. 134/2003/NĐ-CP.

If there are signs suggesting that the case does not fall under the cases not subject to administrative sanctions, the competent authority imposing the sanction must investigate and clarify to make an accurate decision.

6. Mitigating and Aggravating Circumstances as Basis for Determining the Level of Administrative Sanction

Mitigating and aggravating circumstances applied in administrative sanctions shall be implemented in accordance with Article 8 and Article 9 of the Law on Handling Administrative Violations and Article 6 of Decree No. 134/2003/NĐ-CP.

7. Time Limit for Imposing Administrative Sanctions; Period Considered as Not Having Been Subject to Administrative Sanctions

The time limit for imposing administrative sanctions; period considered as not having been subject to administrative sanctions shall apply Article 5 of the Decree and Articles 7, 8, and 9 of Decree No. 134/2003/NĐ-CP.

8. Other General Matters

Other general matters regarding administrative sanctions need to apply the Law on Handling Administrative Violations, Decree No. 134/2003/NĐ-CP, and other relevant documents.

When applying the relevant documents mentioned in this Circular, if there are amendments, supplements, or replacements, they shall be applied according to the new regulations.

II. IDENTIFICATION OF VIOLATIONS

1. The violation stipulated in Article 7 of the Decree is understood as follows:

1.1. Stopping or anchoring illegally in the internal waters or territorial sea of Vietnam as stipulated in Clause 1 means foreign vessels or ships when permitted to navigate through internal waters or pass through the territorial sea may not stop or anchor at will, except in cases of maritime accidents, distress, or for the purpose of rescuing people, vessels, ships, or equipment in danger.

1.2. Obstructing as stipulated in Clause 3 means performing actions that cause marine traffic vessels to reduce speed or change course; fishing vessels to change their fishing procedures such as setting, hauling, or leading nets; seismic survey vessels to alter their routes; affecting the normal progress of scientific research, environmental pollution treatment, aquaculture, and other lawful activities at sea.

1.3. Causing harmful interference as stipulated in point b of Clause 4 means performing actions that cause devices such as radar, satellite positioning systems, depth sounders, radio transmitters, radio stations, exploration equipment, and other types of equipment on board ships, islands, land territory, and in Vietnam’s exclusive economic zone and continental shelf to fail to operate or operate abnormally.

1.4. Weapon storage status as stipulated in Clause 5 means weapons are not in a ready-to-operate condition, ammunition must be removed from firearms and stored in locked ammunition boxes; gun barrels and breechblocks must be oiled and stored in bags or covered with tarpaulins.

2. When applying Article 9 of the Decree, attention should be paid to:

2. When applying Article 9 of the Decree, attention shall be given to:

The scientific research activities of foreign individuals and organizations include: surveying, exploring, researching natural resources, natural conditions, marine environment, and other fields in the waters above the seabed, seabed, subsoil under the seabed, and airspace over the maritime zones under the sovereignty, sovereign rights, and jurisdiction of the Socialist Republic of Vietnam.

For the aforementioned scientific research activities that have been permitted by the competent authority of the Socialist Republic of Vietnam but violate regulations shall be subject to penalties as stipulated in Clauses 1, 2, and Clause 3, Article 9 of the Decree.

For the aforementioned scientific research activities that have not been permitted by the competent authority of the Socialist Republic of Vietnam shall be subject to penalties as stipulated in Clause 5, Point b Clause 6, Article 10 of the Decree.

3. The violation of the provisions of Article 11 of the Decree is understood as follows:

3.1. The acts of using illicit drugs as prescribed in Clause 1 include smoking, injecting, inhaling, sniffing, drinking, chewing, swallowing, or any other method aimed at introducing illicit drugs into the body.

3.2. Other acts concerning the prevention and control of drugs as prescribed in Clause 2 include

- Research, appraisal, production, transportation, storage, possession, sale, distribution, exchange, import, export, transit of illicit drugs, precursor substances, addictive substances, psychotropic substances without permission from the competent state management agency;

- Acts of retaliation or obstruction against persons responsible for or participating in the prevention and control of drugs;

- Organizing, inciting, coercing others to use drugs; harboring, preparing drug paraphernalia, means, and support for the illicit use of drugs.

When applying Article 12 of the Decree, attention should be paid to:

4.1. Types of ships required to register according to regulations

Types of ships required to register are applied according to the provisions of Article 2 of the Ship Registration and Crew Regulations issued together with Decision No. 91/CP dated August 23, 1997 of the Government, including:

- Ships equipped with engines with main engine power of 75 HP or more;

- Ships without engines, but with gross tonnage of 50 GRT or more or with deadweight of 100 DWT or more or with designed waterline length of 20 meters or more;

- Other ships smaller than those specified above but operating on international routes;

- Special purpose fishing vessels for catching, processing, and transporting aquatic products domestically.

Military and security special purpose ships under the management of the Ministry of National Defense, Ministry of Public Security and crew members working on such ships are registered separately and are not within the scope of the Ship Registration and Crew Regulations.

4.2. Regarding professional certificates for seafarers

The provisions on professional certificates for seafarers are implemented according to Decision No. 1387/1998/QD-BGTVT dated June 3, 1998 of the Minister of Transport issuing the Regulations on Training - Issuing Professional Certificates and Assuming Seafarer Positions on Vietnamese Ships.

5. When applying Article 13 of the Decree, attention should be paid to:

5.1. The logbook referred to in Point c Clause 2 is understood as the system of various types of logs and record books prescribed in Article 1 of Decision No. 306/QĐ-PCHH dated May 3, 1994 of the Director of the Vietnam Maritime Administration on the issuance of sample logs for various types of ships, including:

Marine Logbook;

Watchkeeping Logbook;

Engine Logbook;

Fuel Logbook.

5.2. The types of certificates issued to ships in the field of maritime safety referred to in Point d Clause 2 are understood as certificates regarding technical condition and classification of ships issued by the Inspection Authority to ships.

5.3. The minimum safe manning framework referred to in Point b Clause 3 is applied according to the provisions of Decision No. 1581/1999/QĐ-BGTVT dated June 30, 1999 of the Minister of Transport on the minimum safe manning framework for Vietnamese ships. However, it is necessary to pay attention to the application of the provisions of Decision No. 170/2004/QĐ-BGTVT dated January 16, 2004 of the Minister of Transport, as this decision provides that one Deck Officer can concurrently hold the position of Ship Security Officer.

6. When applying Article 15 of the Decree, the following documents should be followed:

Decision No. 1533/QĐ-VT dated August 6, 1991 of the Minister of Transport and Posts and Telecommunications on the application of rules to prevent collisions between ships at sea.

Decision No. 49/QĐ-VT dated January 9, 1993 of the Minister of Transport on the rules of maritime signaling in Vietnam.

7. When applying Article 17 of the Decree, attention should be paid to::

7.1. Competent authorities implementing the mobilization order referred to in Clause 1 and Clause 3 include:

National Committee for Search and Rescue;

People's Committees at all levels;

Coast Guard Corps;

Border Guard Command;

Vietnam Maritime Search and Rescue Coordination Center;

Vietnam Maritime Search and Rescue Coordination Centers in Zones I, II, and III.

7.2. Provisions on maritime search and rescue referred to in Clause 2 are stipulated in the Maritime Code and related documents.

8. When applying Article 18 of the Decree, attention should be paid to::

Sunken assets in the sea include various types of ships, goods, or other objects, regardless of origin, value, characteristics, form of ownership, and time of sinking in internal waters, territorial seas, contiguous zones, floating on the sea, or washing ashore in Vietnam.

When determining violations, the provisions of Decree No. 39/1998/NĐ-CP dated June 10, 1998 of the Government on handling sunken assets at sea and Chapter XII of the Maritime Code should be applied.

9. When applying Article 19 of the Decree, attention should be paid to::

9.1. Clause 1, Clause 2 are implemented according to the following documents:

Annex I (provisions on preventing oil pollution) of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78).

Standards for ship pollution prevention systems, Vietnamese Standard TCVN 6276: 2003 (hereinafter referred to as "TCVN 6276: 2003").

9.2. Point a Clause 3 requires attention to the determination of the following acts:

9.2.1. Discharging waste and pollutants into the sea includes:

Animal, plant, bacterial, viral carcasses, toxic substances causing diseases into seawater;

Forms of plastic (including synthetic material ropes, synthetic fishing nets, and plastic garbage bags);

Floating packaging materials, wrapping materials, and lining materials that float on water within 25 nautical miles from the baseline;

Types of paper, rags, glass, metal, bottles, porcelain items, and similar waste; discarded food that has not been ground or crushed within 12 nautical miles from the baseline;

Other types of waste (including paper, rags, glass, discarded food, etc.) that have been ground or crushed small within 3 nautical miles from the baseline;

The aforementioned types of waste (except for discarded food that has been ground or crushed) within 500 meters from marine structures;

Discarded food that has been ground or crushed within 12 nautical miles from the baseline for vessels within 500 meters from marine structures;

9.2.2. Discharge of residues or wastewater containing oil and harmful substances into the sea includes:

Oil or mixtures containing oil within 50 nautical miles from the baseline;

Harmful liquid substances of categories A, B, C, D; ballast water, washing water, other residues, or mixtures containing these substances within 12 nautical miles from the baseline;

+ Harmful liquid substance category A is a substance that when discharged into the sea accumulates in marine organisms or human bodies causing significant danger, listed in TCVN 6276:2003 and temporarily evaluated as category A substances;

+ Harmful liquid substance category B is a substance capable of accumulating over a period of one week or less, listed in TCVN 6276:2003 and temporarily evaluated as category B substances;

+ Harmful liquid substance category C is a substance capable of causing minor levels of danger to marine organisms, listed in TCVN 6276:2003 and temporarily evaluated as category C substances;

+ Harmful liquid substance category D is a substance capable of causing levels of danger that may be considered hazardous to marine organisms, listed in TCVN 6276:2003 and temporarily evaluated as category D substances;

9.3. Determining violations of the provisions set out in Point b Clause 3 shall be carried out according to the following documents:

Annexes I and II of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78);

Substances classified as harmful substances listed in TCVN 6276:2003, Appendix 1:1 of Circular No. 1350/TT-KCM dated August 2, 1995 issued by the Ministry of Science, Technology, and Environment guiding the implementation of Decree No. 02/CP dated January 5, 1995 of the Government regarding dangerous goods, radioactive materials, scrap metals, scrap with hazardous chemicals, and certain high-tech materials subject to conditional trade in the domestic market (hereinafter referred to as "Circular No. 1350/TT-KCM");

Safety and Radiation Control Ordinance dated June 25, 1996;

+ Radioactive substances are solid, liquid, or gaseous substances with a specific activity greater than 70 kilobecquerels per kilogram (70 KBq/kg);

+ Radioactive waste is waste with a specific activity like radioactive substances;

Hazardous Waste Management Regulations promulgated together with Decision No. 155/1999/QĐ-TTg dated July 16, 1999 of the Prime Minister;

Hazardous waste is waste containing substances or compounds with one or more direct harmful characteristics (flammable, explosive, toxic, corrosive, infectious, and other harmful characteristics) or interacting with other substances to cause harm to the environment and human health.

In addition to the above regulations, other relevant documents must also be applied according to the provisions of the law.

9.4. Violations of other provisions concerning the prevention of marine environmental pollution caused by ships and boats under Point c Clause 3 include:

Discharging oil or mixtures containing oil into the sea when the vessel is stationary;

Discharging harmful liquids A, B, C, D; ballast water, washing water, other residues, or mixtures containing these substances into the sea when the vessel is moving at a speed below 7 nautical miles per hour or below 4 nautical miles per hour for non-self-propelled vessels;

Discharging harmful substances A, B, C; ballast water, washing water, other residues, or mixtures containing these substances in areas of the sea with depths below 25 meters;

Discharging oily bilge water and engine room wash water mixed with oily residues into the sea.

When applying Article 20 of the Decree, note the following:

10.1. Determining violations of the provisions set out in Point a Clause 1 shall be carried out according to Regulation 9 (Cargo Record Book) of Annex II of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78);

10.2. Note Point c Clause 1:

For harmful substances transported in bulk liquid form, there must be a list of harmful liquids that the vessel is permitted to transport.

For harmful substances transported not in bulk liquid form, there must be a special list or declaration prepared in accordance with the classification specified in Regulation 2 of Part II of the International Convention for the Safety of Life at Sea (SOLAS 74);

10.3. For Point d Clause 1, note the following:

The necessary characteristics of the dangerous goods being transported include: the accurate technical name and trade name of the dangerous goods being transported; physical and chemical properties such as vapor pressure, flash point, explosive potential, radioactivity, and potential harmful effects, including effects on human health; quantity, packages, or weight.

10.4. Violations of other provisions during the transportation of dangerous goods under Point đ Clause 1 include violations of the following documents:

Regulations 13 and 14 of Annex II of the International Convention for the Prevention of Pollution from Ships (MARPOL 73/78);

Appendix 1.1, Dangerous Chemicals Subject to Conditional Trade, issued together with Circular No. 1350/TT-KCM;

Vietnamese Standard TCVN 5507:2002 Dangerous Chemicals (Safety Regulations for Production, Business, Use, Storage, and Transportation);

10.5. Note Point a Clause 2:

Not having a transportation permit for dangerous goods generally means violating: lack of permit, fake permit, expired permit, or permit issued by an unauthorized authority.

11. When applying Article 21 of the Decree, note the following:

11.1. For Point a Clause 1:

Transporting waste and substances causing environmental pollution not in accordance with environmental protection regulations involves during the transportation of waste, equipment and means of transport are not safe, leading to leakage and dispersion into the surrounding environment, posing hazards to the environment and human health; lacking alarm devices and means for handling emergencies when incidents occur.

11.2. For Point a Clause 2:

Not having a permit for transporting hazardous waste and radioactive waste as stipulated in Point a Clause 2 is generally understood as violations including: lack of permit, fake permit, expired permit, or permit issued by an unauthorized authority.

11.3. For Point a Clause 3, implementation shall be carried out according to the following documents:

- Chapter III of Decision No. 155/1999/QĐ-TTg dated July 16, 1999 of the Prime Minister detailing technical safety requirements for vehicles transporting hazardous waste and responsibilities of hazardous waste transporters;

- Appendix 1.2, conditional radioactive goods for business issued together with Circular No. 1350/TT-KCM;

III. GUIDANCE ON AUTHORITY, PROCEDURES FOR IMPOSING FINES; APPLYING MEASURES TO PREVENT ADMINISTRATIVE VIOLATIONS; SETTLING COMPLAINTS AND REPORTS AND HANDLING VIOLATIONS

1. Acts and areas within the authority to impose fines of the Coast Guard Force are specified in Article 23 of the Decree including:

1.1. Acts specified in Chapter II of the Decree:

1.2. Violations of provisions set forth in Article 21 (excluding Points b and c Clause 1, Points c and d Clause 2) of Decree No. 49/CP dated August 15, 1996 of the Government on administrative penalties in the field of security and public order.

1.3. Violations of provisions set forth in Articles 10 and 14 of Decree No. 138/2004/NĐ-CP of the Government on administrative penalties in the customs sector.

1.4. Violations of provisions set forth in Articles 10 and 11 of Decree No. 100/2004/NĐ-CP dated February 25, 2004 of the Government on administrative penalties in the tax sector.

1.5. Violations of provisions set forth in Articles 13, 16, 17, 18, 27, 28, 29, 30 and Article 31 of Decree No. 175/2004/NĐ-CP dated October 10, 2004 of the Government on administrative penalties in the trade sector.

1.6. Violations of provisions set forth in Articles 18, 19 and Article 23 of Decree No. 121/2004/NĐ-CP dated May 12, 2004 of the Government on administrative penalties in the environmental protection sector.

1.7. Violations of provisions set forth in Articles 8, 9, 10, 11 and Article 18 of Decree No. 70/2003/NĐ-CP dated June 17, 2003 of the Government on administrative penalties in the fisheries sector; to apply these articles in this Decree, reference must be made to Points 1, 2, 3 and Point 4 Section II of Circular No. 02/2004/TT-BTS dated March 22, 2004 of the Ministry of Fisheries guiding the implementation of Decree No. 70/2003/NĐ-CP dated June 17, 2003 of the Government.

1.8. Violations of provisions set forth in Articles 8, 9, 10, 11 and Article 13 of Decree No. 150/2004/NĐ-CP dated July 29, 2004 of the Government on administrative penalties in the sector of state management of mineral resources.

1.9. Violations of provisions set forth in Article 7 of Decree No. 46/NĐ-CP dated August 6, 1996 of the Government on administrative penalties in the sector of state management of health.

1.10. Violations of provisions set forth in Clauses 2 and 3 Article 8; Article 9; Clauses 1, 2, 3 (Points a, b and Point c), 4 and Clause 6 Article 10; Clause 3 Article 11; Points b, c and Point d Clause 1 and Clause 4 Article 15; Article 16 and Article 18 of Decree No. 26/2003/NĐ-CP dated March 19, 2003 on administrative penalties in the sector of plant quarantine and protection.

1.11. Violations of provisions set forth in Points a and Point c Clause 1; Points a, b and Point e Clause 1, Points a, b, c, d and Point đ Clause 2 Article 2; Points c, d, đ, e, g and Point i Clause 1 Article 3; Point a Clause 1 Article 4 of the Decree on administrative penalties in veterinary work issued together with Decree No. 93/CP dated November 27, 1993 of the Government guiding the implementation of the Veterinary Ordinance.

1.12. Violations of provisions set forth in other Decrees of the Government on administrative penalties in related sectors.

2. Authority to apply main forms of punishment, supplementary forms of punishment, measures to mitigate consequences and preventive measures are stipulated in Article 24 of the Decree.

2.1. On authority to impose fines

Only those persons specified in Article 23 and Article 25 have the authority to impose administrative penalties on acts of violation stipulated in this Decree.

Determination of authority to impose administrative penalties shall be carried out according to the following principles:

2.1.1. If one of the administrative violations in a case is related to other violations not within the authority to impose fines of their own level, then complete the file and transfer it to the competent level to issue the decision on imposition of fines.

2.1.2. In cases involving fines, determination of authority to impose fines for each act of violation must be based on the maximum amount of the fine prescribed for that act of administrative violation.

2.1.3. For acts of administrative violation within the authority to impose fines of several different forces, if any force first discovers and records the violation, that force shall issue the decision on imposition of fines; in case of dispute over authority, the authority to impose fines belongs to the Chairman of the People's Committee at the competent level where the violation occurred.

2.1.4. Cases of imposing fines on individuals and organizations from foreign countries within the authority of lower levels must report to the Director of the Coast Guard Police Bureau before issuing the decision on imposition of fines in accordance with the law.

2.1.5. In cases where the acts of administrative violation of individuals and organizations from foreign countries involve many complex circumstances, the Director of the Coast Guard Police Bureau shall report to the Ministry of National Defense and notify relevant authorities with the authority to handle the matter in accordance with the law.

2.1.6. For acts of violation with signs of criminal offenses, the Coast Guard Force shall complete the file in accordance with the law and then transfer it to the competent authority for handling.

2.2. On authority to apply preventive measures

Only those persons specified in Clause 1, Article 24 and those authorized under Article 25 of the new Decree have the authority to apply administrative violation prevention measures. When applying such measures, the authorized person must strictly comply with the provisions from Article 44 to Article 52 of the Ordinance on Handling Administrative Violations and other relevant legal documents.

In cases where it is necessary to promptly prevent administrative violations or ensure their handling, the authorized person may apply administrative violation prevention measures through administrative procedures including:

- Temporary detention of individuals;

- Temporary detention of evidence items and means of violation;

- Body search;

- Search of transport vehicles and objects;

- Search of places concealing evidence items and means of administrative violation.

2.2.1. Temporary detention of individuals through administrative procedures:

The temporary detention of individuals through administrative procedures shall be carried out in accordance with the provisions of Articles 44 and 45 of the Ordinance on Handling Administrative Violations; Decree No. 162/2004/NĐ-CP dated September 7, 2004 of the Government promulgating the Regulations on Temporary Detention of Individuals Through Administrative Procedures.

Temporary detention of individuals can only be applied when it is necessary to collect and verify important circumstances serving as grounds for administrative decisions; to immediately stop acts disrupting public order, causing injury to others, or arresting individuals according to the pursuit decision of the authorized person as stipulated by the Ordinance on Handling Administrative Violations.

The duration of temporary detention of individuals violating administrative regulations in Vietnam's territorial waters and continental shelf shall not exceed 48 hours from the time of commencement of detention.

Upon request of the detained individual, the person issuing the detention decision must inform the family members, workplace, or educational institution of the individual. If a minor is temporarily detained for more than six hours, the person issuing the detention decision must immediately notify the parents or guardians of the minor.

When detaining foreign individuals who violate regulations, the Director of the Coast Guard Bureau must report to the Ministry of National Defense and notify relevant state agencies to handle the situation in accordance with the law.

All cases of temporary detention of individuals must be decided in writing and a copy of the decision must be handed over to the detained individual.

It is strictly prohibited to detain individuals violating administrative regulations in temporary holding cells, criminal detention rooms, or places that do not ensure hygiene and safety for the detained individuals.

2.2.2. Temporary detention of evidence items and means of administrative violation:

The temporary detention of evidence items and means of administrative violation can only be applied when it is necessary to immediately prevent administrative violations or to verify circumstances serving as grounds for decision-making or to immediately prevent administrative violations.

The authority to issue a decision on the temporary detention of evidence items and means of administrative violation is the Coast Guard Squadron Commander.

In cases where evidence items and means of administrative violation need to be sealed, there must be witnesses present, including the violator or their representative, the representative of the organization, the local government representative, and the witness, all of whom must sign the sealing record.

For Vietnamese currency, foreign currency, gold, precious stones, precious metals, narcotics, and other items subject to special management, their preservation shall be carried out in accordance with the laws governing these types of items.

For evidence items and means of administrative violation that are easily damaged goods, the person issuing the temporary detention decision shall handle them in accordance with Clause 3, Article 61 of the Ordinance on Handling Administrative Violations.

Within ten days from the date of temporary detention, the authorized person issuing the temporary detention decision must dispose of the detained evidence items and means of administrative violation according to the measures recorded in the disposal decision or return them to the individual or organization using them if confiscation is not applied. The period of temporary detention of evidence items and means of administrative violation may be extended for complex cases requiring investigation but shall not exceed sixty days from the date of temporary detention.

The temporary detention of evidence items and means of administrative violation must be decided in writing and a record must be established. The decision and record must be handed over to the violator or the representative of the violating organization.

2.2.3. Body search through administrative procedures:

A body search through administrative procedures can only be conducted when there is evidence suggesting that the individual is concealing evidence items, documents, or means of administrative violation in their person.

The Coast Guard Squadron Commander has the authority to issue a decision for a body search through administrative procedures. In cases where there is evidence indicating that if the search is not conducted immediately, the evidence items, documents, or means of administrative violation may be disposed of or destroyed, a Coast Guard Officer of the Operational Unit may conduct a body search through administrative procedures and report immediately in writing to the Unit Commander or the Squadron Commander responsible for the team and bear responsibility before the law for conducting the search.

Before conducting a body search, the searcher must inform the individual being searched about the decision. During the search, the principle of male searching males and female searching females must be followed, and there must be a witness of the same gender.

Every case of body search must be recorded in a record and a copy must be handed over to the individual being searched.

2.2.4. Search of transport vehicles and objects through administrative procedures:

A search of transport vehicles and objects through administrative procedures can only be conducted when there is evidence suggesting that evidence items of administrative violation are concealed within the transport vehicle or object.

The Coast Guard Squadron Commander and Coast Guard Officers of the Operational Unit performing duties have the authority to search transport vehicles and objects within their jurisdiction.

When conducting a search of transport vehicles and objects, the owner of the transport vehicle or object or the driver must be present, along with a witness; in cases where the owner or driver is absent, two witnesses must be present.

Every case of search of transport vehicles and objects must be recorded in a record and a copy must be handed over to the owner of the transport vehicle or object or the driver.

2.2.5. Search of places concealing evidence items and means of administrative violation:

The Commander of the Coast Guard has the authority to issue orders to search places where contraband items and administrative violation vehicles are hidden. In cases where such places are residences, the decision to search must be approved in writing by the Chairman of the People's Committee at the district level before proceeding.

When searching places where contraband items and administrative violation vehicles are hidden, the owner of the place being searched or a member of their family over eighteen years old must be present, along with witnesses; if the owner or a member of their family over eighteen years old is absent and the search cannot be delayed, there must be representatives from local authorities and two witnesses.

Searches of places where contraband items and administrative violation vehicles are hidden may not be conducted at night except in emergency situations, but the reasons must be clearly recorded in the record.

All searches of places where contraband items and administrative violation vehicles are hidden must be carried out based on a written decision and a record must be made. The search decision and record must be handed over to the owner of the place being searched.

3. Procedures for imposing administrative penalties and enforcing penalty decisions

When imposing administrative penalties, those with authority must strictly follow the provisions set forth in Chapter VI of the Administrative Violation Handling Ordinance and Chapter IV of Decree No. 134/2003/NĐ-CP.

In cases where contraband items and administrative violation vehicles are confiscated, the provisions of Circular No. 72/2004/TT-BTC dated July 15, 2004, issued by the Ministry of Finance, regarding the management and handling of contraband items and vehicles confiscated and transferred to the state treasury due to administrative violations shall apply.

4. Regarding complaints, reports, and handling of violations

4.1. Individuals and organizations that have been administratively penalized or their legitimate representatives have the right to complain about the administrative penalty decision, the decision to apply preventive measures, and the guarantee of administrative violation handling by those with authority according to the law on complaints and reports. During the time awaiting resolution of the complaint by the competent authority, individuals and organizations subject to penalties must still comply with the penalty decision, except in cases requiring demolition of construction projects.

If individuals or organizations are dissatisfied with the decision resolving their complaint, they have the right to appeal to a higher authority with the power to resolve complaints according to the law on complaints and reports, or initiate an administrative lawsuit at court as stipulated by law.

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

4.3. Individuals have the right to report to state agencies with authority about illegal acts of those with authority in imposing administrative penalties and applying preventive measures as stipulated in Clause 2, Article 10 of Decree No. 134/2003/NĐ-CP.

Those with authority to impose administrative penalties under this Decree who engage in harassment, tolerance, or cover-up shall be dealt with according to the provisions of Article 121 of the Administrative Violation Handling Ordinance.

IV. IMPLEMENTATION

1. Functional agencies under the Ministry of National Defense, Border Guard Forces, and coastal Military Regions shall cooperate with the Coast Guard Force to implement this Decree and Circular.

2. The Coast Guard Bureau is responsible for providing detailed guidance in writing to subordinate forces, organizing inspections of the implementation of this Decree and Circular.

3. The Coast Guard Bureau compiles and implements forms related to administrative penalties as prescribed by law.

4. This Circular takes effect fifteen days after its publication in the Official Gazette and revokes Circular No. 3956/1999/TT-BQP dated December 31, 1999, issued by the Ministry of National Defense guiding the implementation of Decree No. 36/1999/NĐ-CP dated June 9, 1999, of the Government on administrative penalties in the territorial waters, contiguous zone, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam.