Circular No. 143/2018/TT-BQP Amending and Supplementing Certain Articles of Circular No. 130/2014/TT-BQP dated September 24, 2014, issued by the Minister of National Defense guiding the implementation of certain provisions of Decree No. 162/2013/NĐ-CP dated November 12, 2013, of the Government on administrative penalties for violations in the maritime, island, and continental shelf areas of the Socialist Republic of Vietnam.

CIRCULAR

Amending and supplementing certain provisions of Circular No. 130/2014/TT-BQP dated September 24, 2014, issued by the Minister of National Defense guiding the implementation of certain provisions of Decree No. 162/2013/NĐ-CP dated November 12, 2013 of the Government on administrative penalties for violations in Vietnam's maritime zones, islands, and continental shelf

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

Pursuant to the Law on the Sea of Vietnam dated June 21, 2012;

Based on Decree No. 1Pursuant to Decree No. 62/2013/NĐ-CP dated November 12, 2013 of the Government on administrative penalties for violations in Vietnam's maritime zones;of the Socialist Republic of Vietnam;

Pursuant to Decree No. 23/2017/NĐ-CP dated March 13, 2017 of the Government amendingand supplementing certain provisions of Decree No. 162/2013/NĐ-CP dated November 12, 2013 of the Government on administrative penalties for violations in Vietnam's maritime zones, islands, and continental shelf; Pursuant to Decree No. 64/2017/NĐ-CP dated December 30, 2017 of the Government on functions, tasks, and powers;At the proposal of the Commander of the Coast Guard;The Minister of National Defense promulgates this Circular amending and supplementing certain provisions of Circular No. 130/2014/TT-BQP dated September 24, 2014, issued by the Minister of National Defense guiding the implementation of certain provisions of Decree No. 162/2013/NĐ-CP dated November 12, 2013 of the Government on administrative penalties for violations in Vietnam's maritime zones, islands, and continental shelf (hereinafter referred to as Circular No. 130/2014/TT-BQP).Article 1. Amending and supplementing certain provisions of Circular No. 130/2014/TT-BQP

Based on Decree No. 1"1. This Circular guides the implementation of certain provisions of Decree No. 162/2013/NĐ-CP dated November 12, 2013 of the Government on administrative penalties for violations in Vietnam's maritime zones, islands, and continental shelf (hereinafter referred to as Decree No. 162/2013/NĐ-CP), and Decree No. 23/2017/NĐ-CP dated March 13, 2017 of the Government amending and supplementing certain provisions of Decree No. 162/2013/NĐ-CP dated November 12, 2013 of the Government on administrative penalties for violations in Vietnam's maritime zones, islands, and continental shelf (hereinafter referred to as Decree No. 23/2017/NĐ-CP)."powers and organizational structure of the Ministry of National Defense;

"2. The authority to impose penalties and the authority to prepare administrative violation records according to Decree No. 162/2013/NĐ-CP and Decree No. 23/2017/NĐ-CP; relevant agencies, organizations, and individuals.""2. The act of entering into prohibited areas or restricted activity areas in Vietnam’s territorial sea as stipulated in Clause 3, Article 5 of Decree No. 162/2013/NĐ-CP is the act of foreign vessels passing through Vietnam’s territorial sea without causing harm but entering into prohibited areas or restricted activity areas in Vietnam’s territorial sea established by the Vietnamese Government to protect sovereignty, national defense, security, and national interests or maritime safety, marine resource protection, ecological protection, pollution prevention, disaster response, epidemic control without permission from the Socialist Republic of Vietnam."

Prohibited areas and restricted activity areas in Vietnam’s territorial sea as stipulated in the Law on the Sea of Vietnam 2012, Decree No. 71/2015/NĐ-CP dated September 3, 2015 of the Government on managing activities of persons and means of transport in the border maritime area of the Socialist Republic of Vietnam.Article 6. Violations concerning hoisting the National Flag of Vietnam and the flag of nationality as stipulated in Article 7 of Decree No. 162/2013/NĐ-CP, amended and supplemented by Clause 1, Article 1 of Decree No. 23/2017/NĐ-CP1. Hoisting flags for vessels at seaports shall be carried out in accordance with Clause 1, Article 61 of Decree No. 58/2017/NĐ-CP dated May 10, 2017 of the Government detailing certain provisions of the Maritime Code of Vietnam 2015 on maritime activity management.2. Hoisting the National Flag on Vietnamese merchant ships shall be carried out in accordance with Clause 2, Article 61 of Decree No. 58/2017/NĐ-CP dated May 10, 2017 of the Government detailing certain provisions of the Maritime Code of Vietnam 2015 on maritime activity management.3. Hoisting the flag of nationality and the National Flag of Vietnam for foreign vessels operating in the border maritime area shall be carried out in accordance with Clause 2, Article 8 of Decree No. 71/2015/NĐ-CP dated September 3, 2015 of the Government on managing activities of persons and means of transport in the border maritime area of the Socialist Republic of Vietnam.Article 9. Violations concerning the transportation, purchase, sale, exchange, and transshipment of goods illegally in Vietnam's maritime zones, islands, and continental shelf as stipulated in Article 15 of Decree No. 162/2013/NĐ-CP, amended and supplemented by Clause 2, Article 1 of Decree No. 23/2017/NĐ-CP 1. The act of transporting goods at sea without a contract or similar document as prescribed by law as stipulated in Point a, Clause 1, Article 15 of Decree No. 162/2013/NĐ-CP is the act of transporting goods at sea without documentation proving lawful transportation of goods at sea, including:

a) Transporting goods on a voyage without a written transportation contract as prescribed in Clause 2, Article 146 of the Maritime Code of Vietnam 2015 and related documents;

1. Amending and supplementing Clause 1 of Article 1 as follows:

b) Transporting goods under a bill of lading without one of the following documents: A transportation contract concluded in accordance with the Maritime Code of Vietnam 2015 and related documents; bills of lading, through bills of lading, sea waybills, and other shipping documents agreed upon by the carrier and the shipper regarding content and value.

"1. Assist provincial People's Committees in directing and guiding vocational education institutions, vocational education activity institutions, and vocational education and general education centers under their jurisdiction to implement the provisions of this Circular."

For bills of lading of goods for temporary importation and re-exportation, implement in accordance with Article 7 of Circular No. 11/2017/TT-BCT dated July 28, 2017 of the Minister of Industry and Trade on temporary importation, re-exportation, temporary exportation, re-importation, and transshipment of goods.

3. Amending and supplementing Clause 2 of Article 5 as follows:

2. The act of using means of transport not suitable for the type of goods as stipulated in Point b, Clause 1, Article 15 of Decree No. 162/2013/NĐ-CP includes:

The prohibited zone and restricted operation area in Vietnam's territorial sea as stipulated in the Law on the Sea of Vietnam 2012, Decree No. 71/2015/NĐ-CP dated September 3, 2015 of the Government on managing activities of persons and means of transport in the maritime border area of the Socialist Republic of Vietnam.

4. AMENDING AND SUPPLEMENTING ARTICLE 6 AS FOLLOWS:

Article 6. Violations concerning hoisting the National Flag of Vietnam and the flag of nationality as prescribed in Article 7 of Decree No. 162/2013/NĐ-CP, amended and supplemented in Clause 1, Article 1 of Decree No. 23/2017/NĐ-CP.

1. Hoisting flags for vessels at seaports shall be carried out in accordance with Clause 1, Article 61 of Decree No. 58/2017/NĐ-CP dated May 10, 2017 of the Government detailing certain provisions of the Vietnam Maritime Code 2015 on maritime activity management.

2. Hoisting the National Flag on Vietnamese merchant ships shall be carried out in accordance with Clause 2, Article 61 of Decree No. 58/2017/NĐ-CP dated May 10, 2017 of the Government detailing certain provisions of the Vietnam Maritime Code 2015 on maritime activity management.

3. Hoisting the flag of nationality and the National Flag of Vietnam for foreign vessels operating in the maritime border area shall be carried out in accordance with Clause 2, Article 8 of Decree No. 71/2015/NĐ-CP dated September 3, 2015 of the Government on managing activities of persons and means of transport in the maritime border area of the Socialist Republic of Vietnam.

5. Amend and supplement Article 9 as follows:

Article 9. Violations concerning the transportation, purchase, exchange, and transshipment of goods illegally in the waters, islands, and continental shelf of the Socialist Republic of Vietnam as prescribed in Article 15 of Decree No. 162/2013/NĐ-CP, amended and supplemented in Clause 2, Article 1 of Decree No. 23/2017/NĐ-CP.

1. Transporting goods at sea without a contract or similar document as prescribed by law as stipulated in Point a, Clause 1, Article 15 of Decree No. 162/2013/NĐ-CP is transporting goods at sea without documentation proving lawful transportation of goods at sea, including:

a) Transporting goods on a voyage without a written transportation contract as prescribed in Clause 2, Article 146 of the Vietnam Maritime Code 2015 and related documents;

b) Transporting goods under a bill of lading without one of the following documents: A transportation contract concluded in accordance with the Vietnam Maritime Code 2015 and related documents; bills of lading, through bills of lading, sea waybills, and other transportation documents agreed upon by the carrier and the consignor regarding content and value;

For bills of lading of goods subject to temporary importation and re-export, it shall be implemented in accordance with Article 7 of Circular No. 11/2017/TT-BCT dated July 28, 2017 of the Minister of Industry and Trade on temporary importation, re-exportation, temporary exportation, re-importation, and transshipment of goods.

2. Using means of transport not suitable for the type of goods as prescribed in Point b, Clause 1, Article 15 of Decree No. 162/2013/NĐ-CP includes:

a) Using transportation means for petroleum products that are not in compliance with the provisions of Government Decree No. 83/2014/NĐ-CP dated September 3, 2014 on petroleum business and Government Decree No. 08/2018/NĐ-CP dated January 15, 2018 amending certain decrees related to investment conditions within the scope of management of the Ministry of Industry and Trade.

b) Using transportation means for dangerous goods that are not in compliance with the provisions of Government Decree No. 29/2005/NĐ-CP dated March 10, 2005 on the list of dangerous goods and the transportation of dangerous goods on inland waterways, Government Decree No. 60/2016/NĐ-CP dated July 1, 2016 on certain conditions for investment and business activities in the field of natural resources and environment, Circular No. 46/2017/TT-BGTVT dated November 27, 2017 issued by the Minister of Transport on safety and prevention of environmental pollution when transporting dangerous goods by sea.

c) Using transportation means that are not in compliance with the regulations for goods other than petroleum products and dangerous goods.

3. The act of transferring petroleum products, ores, and other types of goods at unauthorized locations as stipulated in point c, Clause 1, Article 15 of Government Decree No. 162/2013/NĐ-CP includes:

a) Transferring petroleum products at unauthorized locations as stipulated in Clause 15, Article 9 of Government Decree No. 83/2014/NĐ-CP dated September 3, 2014 on petroleum business;

b) Transferring ores and other types of goods at unauthorized locations as stipulated by law.

4. The act of transporting, buying, selling, exchanging, or transferring goods that are not subject to conditional business or transport without proper documentation or without sufficient proof of the legality of the goods as stipulated in Clause 2, Article 15 of Government Decree No. 162/2013/NĐ-CP, amended and supplemented by Clause 2, Article 1 of Government Decree No. 23/2017/NĐ-CP includes:

a) The case where there is no documentation proving the legality of imported goods transported from the import customs checkpoint into the domestic market as stipulated in Article 4 of Joint Circular No. 64/2015/TTLT-BTC-BCT-BCA-BQP dated May 8, 2015 issued by the Ministers of Finance, Industry and Trade, Public Security, and Defense on the invoice and document system for imported goods circulating in the market;

b) The case where goods are transported for export but do not have a declaration form for exported goods that has been cleared and confirmed to have passed through the supervised area as stipulated in Circular No. 38/2015/TT-BTC dated March 25, 2015 issued by the Minister of Finance on customs procedures; inspection and supervision; export tax, import tax, and tax management for exported and imported goods;

c) The case where imported goods being transported to the customs clearance location do not have all the necessary documents required for customs procedures as stipulated in Clauses 2, 3, 4, and 5 of Article 16 of Circular No. 38/2015/TT-BTC dated March 25, 2015 issued by the Minister of Finance on customs procedures; inspection and supervision; export tax, import tax, and tax management for exported and imported goods and Circular No. 39/2018/TT-BTC dated April 20, 2018 issued by the Minister of Finance amending and supplementing certain articles of Circular No. 38/2015/TT-BTC dated March 25, 2015 issued by the Minister of Finance on customs procedures; inspection and supervision; export tax, import tax, and tax management for exported and imported goods.

The case where there is no documentation proving the legality of imported goods transported and circulated in the domestic market as stipulated in Article 5 of Joint Circular No. 64/2015/TTLT-BTC-BCT-BCA-BQP dated May 8, 2015 issued by the Ministers; Ministry of Finance, Industry and Trade, Public Security, and Defense on the invoice and document system for imported goods circulating in the market;

d) The case where minerals are bought, sold, transported, exchanged, or transferred without legal origin: handled according to the provisions of point đ, Clause 1, Article 21 of Government Decree No. 185/2013/NĐ-CP dated November 15, 2013 on administrative penalties for violations in commercial activities, production, sale of counterfeit goods, prohibited goods, and consumer protection, amended and supplemented by Clause 19, Article 1 of Government Decree No. 124/2015/NĐ-CP dated November 19, 2015 amending and supplementing certain articles of Government Decree No. 185/2013/NĐ-CP dated November 15, 2013 on administrative penalties for violations in commercial activities, production, sale of counterfeit goods, prohibited goods, and consumer protection;

đ) The case where forest products are transported without legal documentation or with legal documentation that does not match the actual forest products transported; wood without the forestry inspector's stamp as required by law.

Legal forest product documentation is defined according to Circular No. 01/2012/TT-BNNPTNT dated January 4, 2012 issued by the Minister of Agriculture and Rural Development on legal forest product documentation and verification of forest product origins; Circular No. 40/2015/TT-BNNPTNT dated October 21, 2015 issued by the Minister of Agriculture and Rural Development amending and supplementing certain articles of Circular No. 01/2012/TT-BNNPTNT dated January 4, 2012 issued by the Minister of Agriculture and Rural Development on legal forest product documentation and verification of forest product origins;

e) The case where domestically produced, transported, and traded goods do not fall under the cases specified in points a, b, c, d, đ of this clause and do not have or do not have sufficient documentation proving their legality as follows:

Value-added tax invoices or sales invoices according to the model and regulations stipulated in Circular No. 39/2014/TT-BTC dated March 31, 2014, issued by the Minister of Finance guiding the implementation of Decree No. 51/2010/NĐ-CP dated May 14, 2010 and Decree No. 04/2014/NĐ-CP dated January 17, 2014 of the Government on sales invoices and service supply invoices; Circular No. 119/2014/TT-BTC dated August 25, 2014, issued by the Minister of Finance amending and supplementing some articles of Circular No. 156/2013/TT-BTC dated November 6, 2013, Circular No. 111/2013/TT-BTC dated August 15, 2013, Circular No. 219/2013/TT-BTC dated December 31, 2013, Circular No. 08/2013/TT-BTC dated January 10, 2013, Circular No. 85/2011/TT-BTC dated June 17, 2011, Circular No. 39/2014/TT-BTC dated March 31, 2014, and Circular No. 78/2014/TT-BTC dated June 18, 2014 of the Ministry of Finance to reform and simplify administrative procedures for tax; Circular No. 26/2015/TT-BTC dated February 27, 2015, issued by the Minister of Finance guiding value-added tax and tax management under Decree No. 12/2015/NĐ-CP dated February 12, 2015 of the Government detailing the implementation of the Law amending and supplementing certain provisions of several Tax Laws and amending and supplementing certain provisions of several Decrees on taxes and amending and supplementing certain provisions of Circular No. 39/2014/TT-BTC dated March 31, 2014 of the Minister of Finance on sales invoices for goods and service supply invoices; Circular No. 37/2017/TT-BTC dated April 27, 2017, issued by the Minister of Finance amending and supplementing Circular No. 39/2014/TT-BTC dated March 31, 2014 of the Minister of Finance, Circular No. 26/2015/TT-BTC dated February 27, 2015 of the Minister of Finance, and other types of invoices and documents as prescribed by law.

Documents that are printed, issued, used, and managed like invoices include internal dispatch and transportation certificates, warehouse dispatch certificates for consignment sales agents according to the models prescribed in: Circular No. 39/2014/TT-BTC dated March 31, 2014, issued by the Minister of Finance guiding the implementation of Decree No. 51/2010/NĐ-CP dated May 14, 2010 and Decree No. 04/2014/NĐ-CP dated January 17, 2014 of the Government on sales invoices and service supply invoices; Circular No. 26/2015/TT-BTC dated February 27, 2015, issued by the Minister of Finance guiding value-added tax and tax management under Decree No. 12/2015/NĐ-CP dated February 12, 2015 of the Government detailing the implementation of the Law amending and supplementing certain provisions of several Tax Laws and amending and supplementing certain provisions of several Decrees on taxes and amending and supplementing certain provisions of Circular No. 39/2014/TT-BTC dated March 31, 2014 of the Minister of Finance on sales invoices for goods and service supply invoices; Circular No. 37/2017/TT-BTC dated April 27, 2017, issued by the Minister of Finance amending and supplementing Circular No. 39/2014/TT-BTC dated March 31, 2014 of the Minister of Finance, Circular No. 26/2015/TT-BTC dated February 27, 2015 of the Minister of Finance.

The determination of illegal invoice usage and illegal invoice usage shall be carried out in accordance with the provisions of Article 22, Article 23 of Circular No. 39/2014/TT-BTC dated March 31, 2014, issued by the Minister of Finance guiding the implementation of Decree No. 51/2010/NĐ-CP dated May 14, 2010 and Decree No. 04/2014/NĐ-CP dated January 17, 2014 of the Government on sales invoices and service supply invoices.

In cases where goods are transported, bought, exchanged, or transshipped without documents or without sufficient documents proving the legality of the goods, such actions shall be carried out in accordance with the provisions of the law.

5. Actions involving the transport, purchase, exchange, or transshipment of goods subject to conditional transportation business at the time of inspection, if there are no accompanying documents or insufficient documents to prove the legality of those goods, as stipulated in Clause 2, Article 15 of Decree No. 162/2013/NĐ-CP, amended and supplemented in Clause 2, Article 1 of Decree No. 23/2017/NĐ-CP, include:

a) Lack of invoices or documents; documents that are printed, issued, used, and managed like invoices include internal dispatch and transportation certificates, warehouse dispatch certificates for consignment sales agents according to the regulations stipulated in Circular No. 39/2014/TT-BTC dated March 31, 2014, issued by the Minister of Finance guiding the implementation of Decree No. 51/2010/NĐ-CP dated May 14, 2010 and Decree No. 04/2014/NĐ-CP dated January 17, 2014 of the Government on sales invoices and service supply invoices; Circular No. 26/2015/TT-BTC dated February 27, 2015, issued by the Minister of Finance guiding value-added tax and tax management under Decree No. 12/2015/NĐ-CP dated February 12, 2015 of the Government detailing the implementation of the Law amending and supplementing certain provisions of several Tax Laws and amending and supplementing certain provisions of several Decrees on taxes and amending and supplementing certain provisions of Circular No. 39/2014/TT-BTC dated March 31, 2014 of the Minister of Finance on sales invoices for goods and service supply invoices; Circular No. 37/2017/TT-BTC dated April 27, 2017, issued by the Minister of Finance amending and supplementing Circular No. 39/2014/TT-BTC dated March 31, 2014 of the Minister of Finance, Circular No. 26/2015/TT-BTC dated February 27, 2015 of the Minister of Finance, and other types of invoices and documents as prescribed by law.

b) Goods imported from the list of goods requiring import licenses or conditions but lacking import permits or relevant documents issued by competent state authorities attached to the goods when circulating in the market.

The list of goods requiring import licenses or conditions shall be implemented in accordance with the provisions of Decree No. 69/2018/NĐ-CP dated May 15, 2018, detailing certain provisions of the Law on Foreign Trade Management.

c) The list of goods for business and transportation subject to conditional implementation as set out in Appendix III issued together with Decree No. 59/2006/NĐ-CP dated June 12, 2006 of the Government detailing the Law on Trade regarding prohibited goods and services, restricted goods and services, and goods and services subject to conditions; Appendix 4 issued together with Law No. 03/2016/QH14 amending and supplementing Article 6 and Appendix 4 concerning the List of Industries and Businesses Subject to Conditions under the Investment Law and other related legal documents.

"Article 10. Collateral for Loans

Article 10. Violations of registration and inspection regulations stipulated in Article 16 of Decree No. 162/2013/NĐ-CP.

1. Types of documents and certificates of vessels specified in Clause 1 of Article 16 of Decree 162/2013/NĐ-CP shall be implemented in accordance with Circular No. 41/2016/TT-BGTVT dated December 16, 2016 of the Minister of Transport on the List of Certificates and Documents of Vietnamese Merchant Ships, Warships, Submarines, Diving Vessels, Floating Storage Units, and Mobile Platforms and other relevant legal documents.

2. The final port departure permit specified in Clause 2 of Article 16 of Decree No. 162/2013/NĐ-CP is a document issued or confirmed by the Maritime Port Authority or the competent authority at the vessel's final port of departure in accordance with Decree No. 58/2017/NĐ-CP dated May 10, 2017 of the Government detailing certain provisions of the 2015 Vietnam Maritime Code on maritime activity management.

In cases where a merchant ship has been granted a final port departure permit but remains at the port for more than 24 hours from the time it was permitted to depart, such ship must reapply for departure procedures in accordance with Decree No. 58/2017/NĐ-CP dated May 10, 2017 of the Government detailing certain provisions of the 2015 Vietnam Maritime Code on maritime activity management.

7. Amend and supplement Article 11 as follows:

Article 11. Violations of regulations on seafarer professional certificates, seafarer logs, and seafarer passports; violations of regulations on safety of life at sea on merchant ships stipulated in Articles 17 and 18 of Decree No. 162/2013/NĐ-CP.

1. Violations of professional certificate regulations stipulated in Article 17 of Decree No. 162/2013/NĐ-CP are acts of seafarers working on vessels without sufficient professional certificates as prescribed in Circular No. 37/2016/TT-BGTVT dated November 25, 2016 of the Minister of Transport on professional standards, professional certificates, training and crewing of Vietnamese merchant ships and other relevant legal documents.

2. Violations of minimum safe manning regulations stipulated in Clause 3 of Article 18 of Decree No. 162/2013/NĐ-CP are acts of not providing sufficient minimum safe manning for Vietnamese merchant ships as prescribed in Circular No. 37/2016/TT-BGTVT dated November 25, 2016 of the Minister of Transport on professional standards, professional certificates, training and crewing of Vietnamese merchant ships and other relevant legal documents.

3. Violations of seafarer logs or seafarer passports stipulated in Article 17 of Decree No. 162/2013/NĐ-CP are acts of seafarers working on vessels without or insufficient seafarer logs or seafarer passports as prescribed in Circular No. 23/2017/TT-BGTVT dated July 28, 2017 of the Minister of Transport on seafarer positions, duties, and registration of seafarers working on Vietnamese merchant ships; Decree No. 136/2007/NĐ-CP dated August 17, 2007 on exit and entry of Vietnamese citizens; Decree No. 94/2015/NĐ-CP dated October 16, 2015 of the Government amending and supplementing certain articles of Decree No. 136/2007/NĐ-CP dated August 17, 2007 on exit and entry of Vietnamese citizens.

8. Amend and supplement Article 12 as follows:

Article 12. Violations of regulations on ensuring maritime safety stipulated in Article 20 of Decree No. 162/2013/NĐ-CP.

Determination of the level of maritime accidents to identify violations under Clauses 3 and 4 of Article 20 of Decree No. 162/2013/NĐ-CP shall be carried out in accordance with Circular No. 34/2015/TT-BGTVT dated July 24, 2015 of the Minister of Transport on reporting and investigating maritime accidents; Circular No. 39/2017/TT-BGTVT dated November 7, 2017 of the Minister of Transport amending and supplementing certain articles of Circular No. 34/2015/TT-BGTVT dated July 24, 2015 of the Minister of Transport on reporting and investigating maritime accidents.

9. Amend and supplement Clause 2, Clause 4, and Clause 6 of Article 13 as follows:

"2. The name of the merchant ship and the registered port of the merchant ship specified in Point a, Clause 3 of Article 21 of Decree No. 162/2013/NĐ-CP shall be implemented in accordance with Decree No. 171/2016/NĐ-CP dated December 27, 2016 of the Government on ship registration, deregistration, purchase, sale, and new construction.

4. Regulations on the transport of dangerous goods by merchant ships as stipulated in the 2015 Vietnam Maritime Code and other related legal documents.

6. Routes and areas of operation of inland waterway vessels shall be implemented in accordance with Circular No. 16/2013/TT-BGTVT dated July 30, 2013 of the Minister of Transport on managing inland waterway routes from the coast to islands in Vietnam's territorial waters and Circular No. 05/2017/TT-BGTVT dated February 21, 2017 of the Minister of Transport amending and supplementing certain articles of Circular No. 16/2013/TT-BGTVT dated July 30, 2013 of the Minister of Transport on managing inland waterway routes from the coast to islands in Vietnam's territorial waters. The route and area of operation of inland waterway vessels are also determined in the Certificate of Registration of Inland Waterway Vessel or the Certificate of Technical Safety and Environmental Protection of Inland Waterway Vessel.

10. Amend and supplement Clause 2 and Clause 3 of Article 15 as follows:

"2. The oil spill response plan; the oil pollution control plan and chemical pollution plan as specified in point a, Clause 3, Article 25 of Decree No. 162/2013/ND-CP shall be implemented pursuant to Decision No. 02/2013/QD-TTg dated January 14, 2013 issued by the Prime Minister on the regulations for oil spill response activities and Decision No. 63/2014/QD-TTg dated November 11, 2014 issued by the Prime Minister amending and supplementing certain provisions of the regulations for oil spill response activities promulgated together with Decision No. 02/2013/QD-TTg dated January 14, 2013 issued by the Prime Minister.

3. Hazardous substances include toxic liquids, ballast water, cleaning water, other residues or mixtures containing these substances. Toxic liquids are any substance classified as type X, Y, or Z listed in Table 8E/17.1 and Table 8E/18.1, Section II of Part 8E of National Technical Regulation QCVN 21: 2010/BGTVT promulgated together with Circular No. 12/2010/TT-BGTVT dated April 21, 2010 issued by the Minister of Transport on the national technical regulation "Classification and shipbuilding standards for steel-hulled vessels" or other liquid substances temporarily evaluated according to the provisions of Section 6.3 of Appendix II of the MARPOL 73/78 Convention as types X, Y, or Z. Distinguished as follows:

a) Type X toxic liquid substances are those liquid substances discharged from tank cleaning operations or ballast water discharge from ships causing significant danger to marine resources outside the ship or human health;

b) Type Y toxic liquid substances are those liquid substances discharged from tank cleaning operations or ballast water discharge from ships causing significant danger to marine resources outside the ship or human health, deteriorating recreational conditions or hindering the exploitation of river and sea resources;

c) Type Z toxic liquid substances are those liquid substances discharged from tank cleaning operations or ballast water discharge from ships causing minor danger to river and sea resources or human health.”

11. Amend and supplement Clause 1, Clause 3, Clause 4 of Article 16 as follows:

"1. Hazardous waste as defined in Article 26 of Decree No. 162/2013/ND-CP refers to types of waste classified and categorized according to the provisions of Circular No. 36/2015/TT-BTNMT dated June 30, 2015 issued by the Minister of Natural Resources and Environment on hazardous waste management. The classification and categorization of hazardous waste shall be carried out according to the provisions of Appendix 8 promulgated together with Circular No. 36/2015/TT-BTNMT and National Technical Regulation QCVN 07:2009/BTNMT on hazardous waste thresholds promulgated together with Circular No. 25/2009/TT-BTNMT dated November 16, 2009 issued by the Minister of Natural Resources and Environment on national technical environmental standards.

3. A hazardous waste management permit is a general term for the following permits: Permit for hazardous waste management business, Permit for hazardous waste transportation business, Permit for hazardous waste treatment and disposal business as stipulated in Circular No. 36/2015/TT-BTNMT dated June 30, 2015 issued by the Minister of Natural Resources and Environment on hazardous waste management.

4. The accompanying application file for a hazardous waste management permit is the hazardous waste management file of the treatment, disposal, transportation, or source owner according to the provisions of Circular No. 36/2015/TT-BTNMT dated June 30, 2015 issued by the Minister of Natural Resources and Environment on hazardous waste management."

12. Amend and supplement Clause 1 of Article 17 as follows:

"1. In cases of administrative violations within the penalty authority of different forces as stipulated in Chapter 3 of Decree No. 162/2013/ND-CP and Clauses 3, 4, 5, 6, 7 of Article 1 of Decree No. 23/2017/NĐ-CP, the administrative violation penalty shall be carried out by the first force to handle the case."

13. Amend and supplement Article 18 as follows:

"Article 18. Competence to issue administrative violation records as stipulated in Article 33 of Decree No. 162/2013/ND-CP, amended and supplemented in Clause 8 of Article 1 of Decree No. 23/2017/NĐ-CP

1. Coast Guard soldiers, Coast Guard Police Officers, Heads of Professional Teams, Heads of Professional Units, Station Chiefs, Squadron Chiefs, Flotilla Chiefs, Commanders of Coast Guard Zones, Commanders of Coast Guard Regions when performing their duties have the right to issue administrative violation records against acts violating the provisions of Decree No. 162/2013/ND-CP, amended and supplemented by Decree No. 23/2017/NĐ-CP.

2. Border Guard soldiers, Heads of Border Guard Stations, Heads of Border Guard Units, Border Guard Post Commanders, Squadron Chiefs, Commanders of Border Guard Sub-Regions, Commanders of Border Guard Port Customs, Commanders of Provincial Border Guard Forces, Commanders of Border Guard Flotillas when performing their duties have the right to issue administrative violation records against acts violating the provisions of Decree No. 162/2013/ND-CP, amended and supplemented by Decree No. 23/2017/NĐ-CP within their areas of management.

3. The competence to issue administrative violation records of officials belonging to customs, transport, market management, fisheries inspection forces, and Chairmen of People's Committees shall be carried out according to the provisions of Article 33 of Decree No. 162/2013/ND-CP, amended and supplemented in Clause 8 of Article 1 of Decree No. 23/2017/NĐ-CP."

14. Amend and supplement Article 20 as follows:

"Article 20. Transitional Provisions

1. In cases where the cited documents in this Circular are amended, supplemented, or replaced, the amended, supplemented, or replacement documents shall apply.

2. Heads of forces authorized to impose administrative penalties under Decree No. 162/2013/ND-CP and Decree No. 23/2017/NĐ-CP shall be responsible for organizing and directing the implementation of updates to the amended, supplemented, or replacement documents cited in this Circular to ensure consistent and lawful enforcement."

Article 2. Effective Date

This Circular takes effect from November 1, 2018.

Article 3. Responsibility for Implementation

1. Commander of the Coast Guard, Heads of forces authorized to impose administrative penalties organize and direct the implementation of administrative penalties as stipulated in Decree No. 162/2013/ND-CP, Decree No. 23/2017/NĐ-CP, this Circular, and related documents.

2. In the process of implementing this Circular, if any difficulties arise, the relevant agencies, organizations, and units are requested to report to the Ministry of National Defense for consideration and coordination in resolving them./.