Decree No. 162/2013/NĐ-CP on administrative penalties in Vietnam's maritime zones, islands, and continental shelf

DECREE

Regulations on Administrative Offenses in Vietnam's Marine Zones, Islands, and Continental ShelfPursuant to the Law on the Sea of Vietnam dated June 21, 2012;The Government issues this Decree on regulations concerning administrative offenses in Vietnam's marine zones, islands, and continental shelf.

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

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

Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

Article 1. This Decree stipulates acts of administrative offenses; forms and levels of penalties; measures to remedy consequences; authority to issue administrative offense violation reports; and authority to impose administrative penalties in Vietnam's marine zones, islands, and continental shelf.

"Based on the proposal of the Minister of National Defense;"

Article 2. The groups of administrative offenses prescribed in this Decree include:

PART I
GENERAL PROVISIONS

a) Violations of regulations on management of Vietnam's marine zones, islands, and continental shelf;

b) Violations of maritime regulations outside port waters;

c) Violations of regulations on protecting the marine environment.

Article 3. For administrative offenses committed on Vietnamese islands and archipelagos, relevant laws on administrative penalties in related state management fields shall be applied for handling. For administrative offenses discovered within internal waters, territorial seas, contiguous zones, exclusive economic zones, and continental shelves of Vietnamese islands and archipelagos, penalties shall be imposed according to the violations specified in this Decree.

Infringing upon Vietnam's marine zones, islands, and continental shelf involves actions by foreign individuals or organizations using or controlling vessels or other means of transportation operating in Vietnam's marine zones, islands, and continental shelf but committing serious violations of Vietnam's sovereignty, sovereign rights, and jurisdiction over the sea as provided by Vietnamese law and international treaties to which Vietnam is a party.

Article 4. Levels of fines and authority to impose fines

Article 2. Interpretation of Terms

In this Decree, the following terms shall be understood as follows:

Clause 1. The maximum fine level for managing Vietnam's marine zones, islands, and continental shelf for individuals is 1,000,000,000 Vietnamese dong, and for organizations is 2,000,000,000 Vietnamese dong.

Clause 3. The authority to impose fines for individuals as stipulated in Chapter III of this Decree applies to individuals; the authority to impose fines for organizations is twice that for individuals.

Article 5. Measures to Remedy Consequences

The measures to remedy consequences prescribed in this Decree include:

Clause 1. The measures to remedy consequences as stipulated at Points a, b, c, d, đ, e, g, h, and i of Clause 1 of Article 28 of the Law on Handling Administrative Violations.

Clause 2. Compelling violators and their vessels to leave Vietnam's marine zones, islands, and continental shelf.

Clause 4. Compelling violators to hoist the Vietnamese National Flag or the flag of their nationality as required.

Clause 5. Compelling violators to move to areas suitable for their vessel class.

ACTS OF ADMINISTRATIVE VIOLATIONS,

FORMS OF PENALTIES AND MEASURES TO REMEDY CONSEQUENCES

Chapter II
VIOLATIONS OF REGULATIONS ON MANAGEMENT OF VIETNAM'S MARINE ZONES, ISLANDS, AND CONTINENTAL SHELFFORMS OF PENALTY AND MEASURES TO MITIGATE CONSEQUENCES

Section 1
VIOLATIONS OF REGULATIONS ON MANAGEMENT OF THE MARITIME ZONE, ISLANDS, AND CONTINENTAL SHELF OF THE SOCIALIST REPUBLIC OF VIET NAM

Article 5. Violations of innocent passage regulations in territorial sea

1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the act of illegally anchoring or mooring in the internal waters or territorial sea of Vietnam.

2. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for the act of alongsideing or contacting other vessels in the internal waters or territorial sea of Vietnam.

3. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed for the act of entering a prohibited area or restricted area in the territorial sea of Vietnam.

4. A fine of VND 150,000,000 to VND 200,000,000 shall be imposed for any of the following acts: loading, unloading, exchanging, buying, selling goods, currency, or embarking or disembarking persons from vessels contrary to the provisions of Vietnamese laws on customs, taxation, health, or immigration.

5. A fine of VND 300,000,000 to VND 400,000,000 shall be imposed for any of the following acts: emitting smoke screens, firing various types of guns, launching signals, or using explosives in the internal waters or territorial sea of Vietnam for any purpose, except for firing distress signals and firing salutes according to Vietnamese laws.

6. A fine of VND 400,000,000 to VND 500,000,000 shall be imposed for any of the following acts:

a) Propaganda aimed at harming the national defense or security of Vietnam;

b) Launching, receiving, or landing aircraft or other means of transport on vessels.

7. A fine of VND 800,000,000 to VND 1,000,000,000 shall be imposed for any of the following acts:

a) Illegally collecting information related to the national defense or security of Vietnam;

b) Practicing or rehearsing illegally in any form.

8. Additional sanctions: Confiscation of administrative violation objects for violations stipulated in Clause 4, Clause 5, Clause 6, and Clause 7 of this Article.

9. Measures to remedy consequences: Compelling violators and their vessels to leave the waters, islands, and continental shelf of the Socialist Republic of Vietnam for violations stipulated in Clause 5, Clause 6, and Clause 7 of this Article.

Article 6. Violations of regulations on the operation of submarines and submersibles in a surfaced state

1. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed for foreign submarines and submersibles not operating in a surfaced state on the water surface when operating in the internal waters or territorial sea of Vietnam, except with permission from the Government of Vietnam.

2. Measures to remedy consequences: Compelling foreign submarines and submersibles to operate in a surfaced state on the water surface for violations stipulated in this Article.

Article 7. Violations of regulations on hoisting the National Flag of Vietnam and the flag of nationality

1. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed for failing to hoist the National Flag of Vietnam or hoisting it incorrectly on Vietnamese vessels.

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

a) Foreign vessels not hoisting the flag of nationality or the National Flag of Vietnam or hoisting them incorrectly while operating in the internal waters of Vietnam;

b) Foreign submarines and submersibles not hoisting the flag of nationality or the National Flag of Vietnam while operating in the internal waters of Vietnam; not hoisting the flag of nationality while operating in the territorial sea of Vietnam, except with permission from the Government of Vietnam.

3. Measures to remedy consequences: Compelling violators to hoist the National Flag of Vietnam or the flag of nationality according to regulations for violations stipulated in this Article.

1. A fine of VND 80,000,000 to VND 100,000,000 for the act of carrying survey equipment, weapons, ammunition, explosives, and harmful substances without permission from the competent authority of Vietnam.

3. A fine of VND 800,000,000 to VND 1,000,000,000 for the act of infringing upon the waters, islands, and continental shelf of the Socialist Republic of Vietnam for the purpose of investigating, exploring, and conducting scientific research on Vietnamese marine resources.

4. Additional forms of administrative punishment:

a) Confiscation of the objects of administrative violation for acts violating the provisions of Clause 1, 2, and Clause 3 of this Article;

b) Suspension of activities for three to six months for acts violating the provisions of Clause 1 and Clause 2 of this Article.

5. Measures to remedy consequences: Compel the violators and their vessels to leave the waters, islands, and continental shelf of the Socialist Republic of Vietnam for acts violating the provisions of Clause 3 of this Article.

Article 9. Infringement of the waters, islands, and continental shelf of the Socialist Republic of Vietnam for tourism activities

1. A fine of VND 800,000,000 to VND 1,000,000,000 for the act of infringing upon the waters, islands, and continental shelf of the Socialist Republic of Vietnam for tourism activities.

2. Measures to remedy consequences: Compel the violators and their vessels to leave the waters, islands, and continental shelf of the Socialist Republic of Vietnam for acts violating the provisions of this Article.

Article 10. Violation of regulations on stowing nets and the state of preservation of fishing equipment when operating in the territorial sea, contiguous zone, and exclusive economic zone of Vietnam by foreign vessels

1. A fine of from VND 20,000,000 to VND 40,000,000 shall be imposed for one of the following acts:

a) Failure to stow nets or other fishing gear inside the hold;

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

2. Additional form of punishment; Confiscation of the objects of administrative violation for acts violating the provisions of Clause 1 of this Article.

3. Measures to remedy consequences: Compel the violators and their vessels to leave the waters, islands, and continental shelf of the Socialist Republic of Vietnam for acts violating the provisions of this Article.

Article 11. Infringement of the waters, islands, and continental shelf of the Socialist Republic of Vietnam for exploitation, purchase, and sale of aquatic products

1. Fine for the act of infringing upon the waters, islands, and continental shelf of the Socialist Republic of Vietnam for exploitation, purchase, and sale of aquatic products as follows:

a) A fine of VND 30,000,000 to VND 50,000,000 for vessels without engines or with main engine power under 45 HP;

b) A fine of VND 50,000,000 to VND 100,000,000 for vessels with main engine power from 45 HP to 90 HP;

c) A fine of VND 100,000,000 to VND 200,000,000 for vessels with main engine power from over 90 HP to 135 HP;

d) A fine of VND 200,000,000 to VND 400,000,000 for vessels with main engine power from over 135 HP to 200 HP;

đ) A fine of VND 400,000,000 to VND 600,000,000 for vessels with main engine power from over 200 HP to 300 HP;

e) A fine of VND 600,000,000 to VND 800,000,000 for vessels with main engine power from over 300 HP to 400 HP;

g) A fine of VND 800,000,000 to VND 1,000,000,000 for vessels with main engine power over 400 HP.

2. Additional form of punishment: Confiscation of the objects of administrative violation for acts violating the provisions of Clause 1 of this Article.

3. Measures to remedy consequences: Compel the violators and their vessels to leave the waters, islands, and continental shelf of the Socialist Republic of Vietnam for acts violating the provisions of this Article.

Article 12. Violation of provisions on ensuring lawful activities in the waters, islands, and continental shelf of the Socialist Republic of Vietnam

1. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed for acts obstructing maritime traffic, fishing, aquaculture, and other lawful activities in the waters, islands, and continental shelf of the Socialist Republic of Vietnam, except as provided in Clause 2 of this Article.

2. A fine of VND 800,000,000 to VND 1,000,000,000 shall be imposed for acts obstructing lawful activities related to searching, exploring, and exploiting oil and gas and other resources in the waters, islands, and continental shelf of the Socialist Republic of Vietnam.

3. Additional sanctions: Confiscation of the objects of violation for violations stipulated in Clause 1 and Clause 2 of this Article.

4. Measures to remedy consequences: Compel foreign persons and vessels violating this Article to leave the waters, islands, and continental shelf of the Socialist Republic of Vietnam.

Article 13. Violations of provisions on artificial islands, installations, and structures in the waters, islands, and continental shelf of the Socialist Republic of Vietnam

1. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for late reporting of information related to establishing artificial islands, installations, and structures at sea, setting up safety zones around them, and dismantling part or all of such installations and structures as prescribed.

2. A fine of VND 50,000,000 to VND 80,000,000 shall be imposed for failure to report information related to establishing artificial islands, installations, and structures at sea, setting up safety zones around them, and dismantling part or all of such installations and structures as prescribed.

3. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed for failure to set appropriate maritime signals and warning signals in cases where installations and structures at sea have not been completely dismantled due to technical reasons or with permission for extension.

4. A fine of VND 150,000,000 to VND 200,000,000 shall be imposed for controlling a vessel to intrude into the 500-meter (m) safety zone of artificial islands, installations, and marine structures.

5. A fine of VND 200,000,000 to VND 300,000,000 shall be imposed for any act affecting the normal operation of lawful artificial islands, installations, and structures in the waters, islands, and continental shelf of the Socialist Republic of Vietnam.

6. A fine of VND 800,000,000 to VND 1,000,000,000 shall be imposed for infringing upon the waters, islands, and continental shelf of the Socialist Republic of Vietnam to construct, install, or use artificial islands, installations, and structures without authorization.

7. Additional sanctions: Confiscation of administrative violation objects for violations stipulated in Clause 5 and Clause 6 of this Article.

8. Measures to remedy consequences:

a) Compel the removal of construction works or parts thereof that were constructed without a permit or did not comply with the prescribed permit as stipulated in Clause 6 of this Article;

b) Compel violators to leave the waters, islands, and continental shelf of the Socialist Republic of Vietnam for violations stipulated in Clause 4, Clause 5, and Clause 6 of this Article.

Article 14. Violation of provisions on laying submarine cables, pipelines, and exploiting currents, wind energy in Vietnam's marine areas, islands, and continental shelf

1. A fine of VND 400,000,000 to VND 500,000,000 shall be imposed for the act of drilling, cutting, and any other actions affecting the normal operation of lawful submarine cables and pipelines in Vietnam's marine areas, islands, and continental shelf.

2. A fine of VND 800,000,000 to VND 1,000,000,000 shall be imposed for any of the following acts:

a) Laying submarine cables and pipelines without written approval from competent Vietnamese authorities;

b) Illegally exploiting currents, wind energy, and other non-living resources.

3. Additional form of administrative sanction: Confiscation of contraband items for violations stipulated in this Article.

4. Measures to remedy consequences:

a) Forced removal of construction works or parts thereof without permits for violations stipulated in Clause 2 of this Article;

b) Forced departure of persons or vessels committing violations stipulated in this Article from Vietnam's marine areas, islands.

Article 15. Violation of provisions on transporting, buying, selling, exchanging, transshipping goods illegally in Vietnam's marine areas, islands, and continental shelf

1. Imposing a fine of from 10,000,000 VND to 20,000,000 VND for one of the following acts:

a) Transporting or transshipping goods at sea without a contract or similar document as prescribed by law;

b) Using transportation means not suitable for the type of goods as prescribed by law;

c) Transshipping oil, ore, and other goods at locations not in accordance with legal regulations.

2. A fine shall be imposed for the act of transporting, buying, selling, exchanging, or transshipping goods without documents or incomplete documents proving the legality of the goods or for goods subject to conditional trading or transport where, at the time of inspection, there are no accompanying documents or incomplete documents to prove the legality of such goods as follows:

a) A fine of VND 5,000,000 to VND 10,000,000 for goods valued from VND 10,000,000 to less than VND 20,000,000;

b) A fine of VND 10,000,000 to VND 15,000,000 for goods valued from VND 20,000,000 to less than VND 50,000,000;

c) A fine of VND 15,000,000 to VND 20,000,000 for goods valued from VND 50,000,000 to less than VND 70,000,000;

d) A fine of VND 20,000,000 to VND 25,000,000 for goods valued from VND 70,000,000 to less than VND 100,000,000;

đ) A fine of VND 25,000,000 to VND 30,000,000 for goods valued over VND 100,000,000 but not subject to criminal prosecution.

3. Additional form of administrative sanction: Confiscation of contraband items for violations stipulated in this Article.

Section 2
VIOLATIONS OF PROVISIONS ON SHIPPING, OUTSIDE PORT TERRITORY

Article 16. Violation of provisions on registration, inspection, and domestic transport permit for ships

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of lacking one of the ship's documents or certificates or one of those documents or certificates having expired, except for the ship registration certificate.

a) A fine of VND 10,000,000 to VND 20,000,000 for ships with gross tonnage under 500 GT;

b) A fine of VND 20,000,000 to VND 40,000,000 for ships with gross tonnage from 500 GT to under 3,000 GT;

c) A fine of VND 40,000,000 to VND 80,000,000 for ships with gross tonnage 3,000 GT or more.

3. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of operating a ship before obtaining a ship registration certificate.

4. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for each of the following violations:

a) Buying, selling, leasing, renting, lending, borrowing one of the ship's certificates or documents;

b) Using one of the ship's certificates or documents belonging to another ship.

5. For the act of not having civil liability insurance certificates for ship owners for passenger ships, oil-carrying ships, petroleum product-carrying ships, or other dangerous cargo ships as prescribed, the penalty shall be as follows:

a) A fine of VND 30,000,000 to VND 50,000,000 for passenger ships carrying fewer than 100 people; oil-carrying ships, petroleum product-carrying ships, or other dangerous cargo ships with gross tonnage under 500 GT;

b) A fine of VND 50,000,000 to VND 80,000,000 for passenger ships carrying from 100 to fewer than 300 people; oil-carrying ships, petroleum product-carrying ships, or other dangerous cargo ships with gross tonnage from 500 GT to under 3,000 GT;

c) A fine of VND 80,000,000 to VND 100,000,000 for passenger ships carrying 300 people or more; oil-carrying ships, petroleum product-carrying ships, or other dangerous cargo ships with gross tonnage 3,000 GT or more.

6. A fine of VND 80,000,000 to VND 100,000,000 shall be imposed for the act of foreign ships participating in domestic transport or performing special activities without a permit or approval document from competent Vietnamese authorities.

Article 17. Violations concerning seafarers' certificates, seafarer's books, and seafarer's passports

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed on the act of buying, selling, renting, lending certificates, seafarer's books, or seafarer's passports.

3. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on the act of using counterfeit or altered certificates, seafarer's books, or seafarer's passports that have been tampered with or erased.

4. Additional forms of administrative punishment:

a) Suspension of the right to use certificates for six to twelve months for violations under Clause 2 of this Article.

b) Confiscation of certificates, seafarer's books, and seafarer's passports for violations under Clause 3 of this Article.

1. A fine of from 1,000,000 VND to 5,000,000 VND for each of the following violations:

a) Not having a duty roster in emergency situations at necessary positions or having a duty roster but it is not suitable for the ship's crew or the roster has been damaged;

b) Seafarers not being proficient in operating life-saving and rescue equipment on board the vessel.

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

a) Life-saving equipment not meeting quality standards or not ready for immediate operation;

b) Incorrectly arranging life-saving equipment on board the vessel as prescribed;

c) Life-saving equipment having exceeded its usage period.

3. For the violation of not providing the minimum safety quota or exceeding the permitted limit of life-saving equipment on board the vessel as prescribed; failing to equip or inadequately equipping fire-fighting, life-saving, and rescue equipment as prescribed, the penalties shall be as follows:

a) A fine of VND 10,000,000 to VND 20,000,000 for ships with gross tonnage under 500 GT;

b) A fine of VND 20,000,000 to VND 30,000,000 for vessels with a total gross tonnage from 500 GT to less than 3,000 GT;

c) A fine of VND 30,000,000 to VND 40,000,000 for vessels with a total gross tonnage of 3,000 GT or more.

4. For the violation of carrying cargo beyond the prescribed limit for vessels with a total gross tonnage below 500 GT, the penalties shall be as follows:

a) Warning penalty for carrying cargo up to less than 1% over the permissible load;

b) A fine of VND 3,000,000 to VND 5,000,000 for carrying cargo from 1% to less than 5% over the permissible load;

c) A fine of VND 5,000,000 to VND 10,000,000 for carrying cargo from 5% to less than 10% over the permissible load;

d) A fine of VND 10,000,000 to VND 15,000,000 for carrying cargo 10% or more over the permissible load.

5. For the violation of carrying cargo beyond the prescribed limit for vessels with a total gross tonnage from 500 GT to less than 3,000 GT, the penalties shall be as follows:

a) Warning penalty for carrying cargo up to less than 1% over the permissible load;

b) A fine of VND 10,000,000 to VND 20,000,000 for carrying cargo from 1% to less than 5% over the permissible load;

c) A fine of VND 20,000,000 to VND 30,000,000 for carrying cargo from 5% to less than 10% over the permissible load;

d) A fine of VND 30,000,000 to VND 50,000,000 for carrying cargo 10% or more over the permissible load.

6. For the violation of carrying cargo beyond the prescribed limit for vessels with a total gross tonnage of 3,000 GT or more, the penalties shall be as follows:

a) Warning penalty for carrying cargo up to less than 1% over the permissible load;

b) A fine of VND 30,000,000 to VND 40,000,000 for carrying cargo from 1% to less than 5% over the permissible load;

c) A fine of VND 50,000,000 to VND 60,000,000 for carrying cargo from 5% to less than 10% over the permissible load;

d) A fine of VND 70,000,000 to VND 80,000,000 for carrying cargo 10% or more over the permissible load.

7. For the violation of carrying passengers beyond the prescribed number for vessels with a total gross tonnage below 500 GT, the penalties shall be as follows:

a) A fine of VND 5,000,000 to VND 10,000,000 for carrying passengers up to five people over the permissible number;

b) A fine of VND 10,000,000 to VND 15,000,000 for carrying passengers from six to ten people over the permissible number;

c) A fine of VND 15,000,000 to VND 20,000,000 for carrying passengers more than ten people over the permissible number.

8. For the violation of carrying passengers beyond the prescribed number for vessels with a total gross tonnage from 500 GT to less than 3,000 GT, the penalties shall be as follows:

a) A fine of VND 10,000,000 to VND 15,000,000 for carrying passengers up to ten people over the permissible number;

b) A fine of VND 15,000,000 to VND 20,000,000 for carrying passengers from eleven to twenty people over the permissible number;

c) A fine of VND 20,000,000 to VND 30,000,000 for carrying passengers more than twenty people over the permissible number.

9. For the violation of carrying passengers beyond the prescribed number for vessels with a total gross tonnage of 3,000 GT or more, the penalties shall be as follows:

a) A fine of VND 20,000,000 to VND 40,000,000 for carrying passengers up to twenty people over the permissible number;

b) A fine of VND 40,000,000 to VND 60,000,000 for carrying passengers from twenty-one to thirty people over the permissible number;

c) A fine of VND 60,000,000 to VND 80,000,000 for carrying passengers more than thirty people over the permissible number.

10. Additional sanctions: Suspension of the right to use the certificate of professional competence of the master for one to three months for violations under Points b, c, d of Clause 5; Points b, c, d of Clause 6; Points b and c of Clause 7; Clause 8 and Clause 9 of this Article.

Article 19. Violations concerning safety regulations for fire prevention and explosion control on ships

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for each of the following violations:

a) Not having necessary warning signs or instructions at places prone to fire or explosion.

b) Not having diagrams of fire extinguishing systems, fire-fighting duty rosters, or operation instruction boards at positions on the ship as prescribed.

c) Firefighting equipment not being placed in the designated position on the vessel.

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

a) Not equipping with complete firefighting and explosion prevention equipment as prescribed.

c) Not having emergency response plans.

d) Firefighting equipment not being in a state ready for operation as prescribed.

e) Using specialized firefighting equipment for other purposes.

e) Carrying flammable or explosive materials together with passengers;

Article 20. Violations concerning maritime safety regulations

1. A fine of VND 8,000,000 to VND 10,000,000 shall be imposed on the person in charge of the vessel who violates the following navigation rules:

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

b) Not complying with regulations when navigating, avoiding, or overtaking each other 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) Not setting up warning signals for artificial islands or marine structures.

b) Moving or rendering ineffective marine navigational aids.

3. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for violating navigation rules when avoiding or overtaking each other at sea, causing serious maritime accidents.

4. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for violating navigation rules when avoiding or overtaking each other at sea, causing particularly serious maritime accidents.

5. Measures to remedy consequences: Compel restoration to the original condition for violations stipulated in Point b Clause 2 of this Article.

Article 21. Other violations concerning security and safety in Vietnam's maritime zones, islands, and continental shelf

1. A fine of VND 1,000,000 to VND 5,000,000 shall be imposed for failing to hoist or improperly hoisting flags as prescribed.

a) Passenger vessels not having internal rules posted in designated locations on board.

b) Arranging passengers to sit in unauthorized locations.

c) Not arranging or improperly arranging marine security officers as prescribed.

3. A fine of VND 8,000,000 to VND 10,000,000 shall be imposed for any of the following acts:

a) Not clearly marking the name, number, IMO number, registered port, and safe draft marks of the vessel as prescribed.

b) Not providing or inadequately providing documentation for dangerous goods transported on board as prescribed.

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

a) Improperly attaching or mooring other vessels while underway.

b) Improper use of towing vessels;

c) Not adequately equipping the bridge with marine equipment as prescribed or having such equipment but it is non-operational or unusable.

5. A fine shall be imposed for operating inland waterway vessels outside their prescribed routes or areas as follows:

6. A fine shall be imposed for ships operating outside their permitted routes or areas as follows:

a) A fine of VND 10,000,000 to VND 20,000,000 for ships with gross tonnage under 500 GT;

b) A fine of VND 20,000,000 to VND 30,000,000 for vessels with a total gross tonnage from 500 GT to less than 3,000 GT;

c) A fine of VND 30,000,000 to VND 40,000,000 for vessels with a total gross tonnage of 3,000 GT or more.

7. Additional penalties: Suspension of the master’s professional certificate for three to six months for violations stipulated in Clause 5 and Clause 6 of this Article.

8. Measures to remedy consequences: Compel relocation to an area appropriate to the vessel's class for violations stipulated in Clause 5 and Clause 6 of this Article.

Article 22. Violations of regulations on search and rescue operations in the waters, islands, and continental shelf of the Socialist Republic of Vietnam

1. A fine of from three million to five million Vietnamese dong for the act of sending false distress signals.

2. A fine of from twenty million to forty million Vietnamese dong for each of the following violations:

a) Failure to fulfill obligations under regulations on maritime search and rescue operations;

b) Delaying execution of orders issued by competent authorities for search and rescue operations as prescribed.

3. For the violation of failing to execute orders issued by competent authorities for search and rescue operations as prescribed, penalties shall be imposed as follows:

a) A fine of VND 10,000,000 to VND 20,000,000 for ships with gross tonnage under 500 GT;

b) A fine of VND 20,000,000 to VND 40,000,000 for ships with gross tonnage from 500 GT to under 3,000 GT;

c) A fine of VND 40,000,000 to VND 80,000,000 for ships with gross tonnage 3,000 GT or more.

4. Additional form of penalty: Suspension of the right to use the Certificate of Professional Competence of the ship's captain for a period of from three to six months for violations stipulated at Point a Clause 2 of this Article.

Article 23. Violations of regulations on salvaging sunken assets in the waters, islands, and continental shelf of the Socialist Republic of Vietnam

1. A fine of from five hundred thousand to one million Vietnamese dong for the act of not reporting or reporting inaccurately according to regulations on sunken assets in the sea.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for each of the following violations:

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

b) Performing salvage operations or terminating such operations beyond the time limit prescribed;

c) Salvaging sunken assets without permission from competent authorities;

d) Failing to hand over or handing over insufficiently sunken assets salvaged randomly as prescribed.

3. A fine of from twenty million to fifty million Vietnamese dong for the act of not salvaging non-hazardous sunken assets as prescribed.

4. A fine of from seventy million to one hundred million Vietnamese dong for the act of not salvaging hazardous sunken assets.

5. Additional form of penalty: Confiscation of contraband items and means of transport violating administrative regulations stipulated at Point c Clause 2 of this Article.

Section 3
VIOLATIONS OF REGULATIONS ON ENVIRONMENTAL PROTECTION IN THE SEA

Article 24. Violations of regulations on environmental protection in the sea when foreign vessels powered by nuclear energy or vessels carrying radioactive, toxic, or dangerous substances pass through Vietnam’s territorial waters

1. A fine of from forty million to fifty million Vietnamese dong for the act of not carrying sufficient technical documents related to the vessel and cargo, and compulsory civil liability insurance documents.

2. A fine of from one hundred million to one hundred and fifty million Vietnamese dong for any of the following acts:

a) Failure to fully implement special preventive measures as prescribed by Vietnamese laws and international treaties to which the Socialist Republic of Vietnam is a party applicable to these types of vessels;

b) Non-compliance with decisions of Vietnamese competent authorities regarding the application of special preventive measures, in cases where there are clear signs or evidence of potential leakage or pollution of the environment.

3. Measures to remedy consequences: Compel the violator and their vessel to leave the waters, islands, and continental shelf of the Socialist Republic of Vietnam for violations stipulated at Clause 2 of this Article.

Article 25. Violations of regulations on environmental protection in the sea caused by vessels

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 sufficient oil-water separation equipment as prescribed or having equipment but it is not operational;

b) Allowing leakage of wastewater containing oil from the vessel into the sea.

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

a) Not having a plan for responding to oil spills; a plan for responding to oil pollution and chemical pollution as prescribed;

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

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

a) Failing to properly implement the safe operation procedures for specialized vehicles and equipment included in the registration file attached to the Hazardous Waste Management Permit;

b) Failing to properly implement the pollution control and environmental protection plan included in the registration file attached to the Hazardous Waste Management Permit.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Failing to maintain a logbook and record hazardous waste as required; failing to establish a tracking file for the transport vehicle's route using GPS as required;

b) Failing to properly implement the pollution control and environmental protection plan when ceasing operations.

3. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following violations:

a) Failing to equip the transport vehicle with a satellite positioning system (GPS) as required;

b) Transporting hazardous waste not according to the designated route, distance, or time specified by the competent authority;

c) Specialized collection, transportation, packaging, storage, and temporary retention equipment for hazardous waste does not meet technical requirements as specified;

d) Mixing different types of hazardous waste that can react or interact with each other during transportation or temporary storage.

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

a) Collecting or transporting hazardous waste outside the area specified in the Hazardous Waste Management Permit;

b) Failing to comply with the provisions of the Hazardous Waste Management Permit except in cases stipulated at Point a Clause 4, Clause 5, and Clause 6 of this Article.

5. A fine of from VND 100,000,000 to VND 150,000,000 shall be imposed for any of the following violations:

a) Collecting or transporting hazardous waste not listed in the Hazardous Waste Management Permit;

b) Collecting or transporting hazardous waste exceeding the quantity specified in the Hazardous Waste Management Permit;

c) Using a transport vehicle for hazardous waste that has not been registered for circulation and is not included in the Hazardous Waste Management Permit.

6. A fine of from VND 200,000,000 to VND 250,000,000 shall be imposed for transporting hazardous waste without a Hazardous Waste Management Permit, except for hazardous waste generated from household activities or small-scale businesses or services (excluding production) managed and treated according to regulations on the recovery or disposal of expired products or waste.

7. For the act of disposing of hazardous waste in violation of environmental protection regulations, penalties shall be imposed as follows:

a) A fine of from VND 50,000,000 to VND 100,000,000 shall be imposed for disposing of less than 120 kg of hazardous waste containing particularly harmful components exceeding the threshold of hazardous waste or less than 600 kg of hazardous waste containing other harmful components;

b) A fine of from VND 100,000,000 to VND 200,000,000 shall be imposed for disposing of from 120 kg to less than 500 kg of hazardous waste containing particularly harmful components exceeding the threshold of hazardous waste or from 600 kg to less than 2,000 kg of hazardous waste containing other harmful components;

c) A fine of from VND 200,000,000 to VND 300,000,000 shall be imposed for disposing of from 500 kg to less than 1,000 kg of hazardous waste containing particularly harmful components exceeding the threshold of hazardous waste or from 2,000 kg to less than 4,000 kg of hazardous waste containing other harmful components;

d) A fine of from VND 300,000,000 to VND 400,000,000 shall be imposed for disposing of from 1,000 kg to less than 2,000 kg of hazardous waste containing particularly harmful components exceeding the threshold of hazardous waste or from 4,000 kg to less than 8,000 kg of hazardous waste containing other harmful components;

đ) A fine of from VND 400,000,000 to VND 500,000,000 shall be imposed for disposing of from 2,000 kg to less than 3,000 kg of hazardous waste containing particularly harmful components exceeding the threshold of hazardous waste or from 8,000 kg to less than 12,000 kg of hazardous waste containing other harmful components;

e) A fine of from VND 500,000,000 to VND 600,000,000 shall be imposed for disposing of from 3,000 kg to less than 4,000 kg of hazardous waste containing particularly harmful components exceeding the threshold of hazardous waste or from 12,000 kg to less than 16,000 kg of hazardous waste containing other harmful components;

g) A fine of from VND 600,000,000 to VND 700,000,000 shall be imposed for disposing of from 4,000 kg to less than 5,000 kg of hazardous waste containing particularly harmful components exceeding the threshold of hazardous waste or from 16,000 kg to less than 20,000 kg of hazardous waste containing other harmful components;

h) A fine of from VND 700,000,000 to VND 800,000,000 shall be imposed for disposing of 5,000 kg or more of hazardous waste containing particularly harmful components exceeding the threshold of hazardous waste or 20,000 kg or more of hazardous waste containing other harmful components.

8. A fine of from VND 900,000,000 to VND 1,000,000,000 shall be imposed for transferring, giving, selling in violation of regulations; disposing of persistent organic pollutants (POPs) listed in the Stockholm Convention on Persistent Organic Pollutants causing environmental pollution or disposing of radioactive waste causing radiation contamination of the environment.

9. Additional forms of punishment:

a) Revoking the right to use the Hazardous Waste Transportation Business License for six months to twelve months for violations of the provisions of Clauses 1, 2, 3, 4, and Clause 5 of this Article;

b) Suspending the collection and transportation activities of hazardous waste by the hazardous waste transportation agent for six months to twelve months for violations of the provisions of Clauses 1, 2, 3, 4, and Clause 5 of this Article;

c) Suspending the operation of the facility for six months to twelve months for violations of the provisions of Clauses 6, 7, and Clause 8 of this Article;

d) Confiscating the objects and means used to commit administrative violations for violations stipulated in Clause 7 and Clause 8 of this Article.

10. Measures to address consequences:

a) Order to restore the original environmental state that was altered due to the violation of the provisions stipulated in Clause 7 and Clause 8 of this Article.

b) Order to implement measures to remedy environmental pollution within the time limit set by the competent authority imposing administrative penalties in the decision on administrative violations caused by the violations stipulated in this Article.

1. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on the owner of a transport vessel or storage facility for goods at sea which poses a risk of causing an environmental incident but fails to report it to national rescue forces, maritime police, and other relevant organizations and individuals as prescribed.

2. A fine of from 50,000,000 VND to 80,000,000 VND shall be imposed on organizations and individuals engaged in mineral extraction activities, owners of vessels transporting oil, chemicals, radioactive materials, and other harmful substances at sea who lack plans, personnel, and equipment to prevent and respond to environmental incidents.

3. A fine of from 80,000,000 VND to 150,000,000 VND shall be imposed on any of the following acts:

a) Conducting marine resource exploitation activities and related activities involving the use of marine resources without complying with approved natural resource utilization plans;

b) Using destructive methods, means, and tools in marine resource exploitation;

c) Discharging waste and other pollutants from production, business, service, construction, transportation, and mineral extraction activities into Vietnam's territorial waters, islands, and continental shelf without meeting environmental technical standards;

d) Failing to collect, store, and treat hazardous waste according to regulations for marine resource exploration and extraction activities, and dismantling of sea-going vessels.

4. A fine of from 150,000,000 VND to 250,000,000 VND shall be imposed on the act of discharging untreated or inadequately treated ordinary waste from vessels and offshore drilling platforms into the sea; discharging solid waste from land into the sea without approval from the competent state management agency for environmental protection as prescribed; discharging dredged material from channel and creek maintenance operations into the sea without approval from the competent state management agency for environmental protection as prescribed.

5. A fine of from 250,000,000 VND to 500,000,000 VND shall be imposed on the act of discharging various types of waste into marine areas within nature reserves, natural heritage sites, newly discovered ecosystems, or regular or seasonal breeding grounds for aquatic species.

6. A fine of from 500,000,000 VND to 1,000,000,000 VND shall be imposed on the act of discharging hazardous waste containing radioactive materials into Vietnam's territorial waters, islands, and continental shelf.

7. Additional forms of administrative sanction:

Confiscate the contraband and means of transportation involved in administrative violations stipulated in Point b Clause 3, Clauses 4, 5, and Clause 6 of this Article.

8. Measures to remedy consequences:

Order to implement measures to remedy environmental pollution within the time limit set by the competent authority imposing administrative penalties in the decision on administrative violations caused by the violations stipulated in this Article.

Chapter III
COMPETENT AUTHORITY TO IMPOSE PENALTIES AND ISSUE ADMINISTRATIVE VIOLATION NOTICES IN THE MARINE AREAS, ISLANDS, AND CONTINENTAL SHELF OF THE SOCIALIST REPUBLIC OF VIETNAM

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

a) To issue warnings;

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

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

a) To issue warnings;

b) Impose a fine up to 5,000,000 VND.

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

a) To issue warnings;

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

c) Apply remedial measures provided for in Points a, c, and đ Clause 1 Article 28 of the Law on Handling Administrative Offenses.

4. The maritime squadron commander have the right to:

a) To issue warnings;

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

c) Confiscate objects and means of administrative offenses with a value not exceeding 25,000,000 VND;

d) Apply remedial measures provided for in Points a, c, d, đ Clause 1 Article 28 of the Law on Handling Administrative Offenses and Clauses 2 and 4 Article 4 of this Decree.

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

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) Confiscate contraband and means of administrative violation with a value not exceeding 50,000,000 VND;

d) Apply remedial measures provided for in Points a, c, d, đ Clause 1 Article 28 of the Law on Handling Administrative Offenses and Clauses 2, 4, and 5 Article 4 of this Decree.

6. Commanders of Coast Guard Zones have the right:

a) To issue warnings;

b) Impose a fine up to VND 100,000,000.

c) Confiscate objects and means of administrative offenses with a value not exceeding 100,000,000 VND;

d) Apply remedial measures provided for in Points a, c, d, đ Clause 1 Article 28 of the Law on Handling Administrative Offenses and Clauses 2, 3, 4, and 5 Article 4 of this Decree.

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

a) To issue warnings;

b) Impose a fine up to 1,000,000,000 VND;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) Apply remedial measures provided for in Point a, b, c, d, đ Clause 1 Article 28 of the Law on Handling Administrative Offenses and Clauses 2, 3, 4, and 5 Article 4 of this Decree.

The Border Guard Force has the authority to impose penalties on violations stipulated in Section 1 Chapter II of this Decree directly related to its management area and field as follows:

1. The Commander of a Border Guard Post, the Commander of a Border Guard Squadron, the Commander of a Border Guard Sub-region, and the Commander of a Border Guard Port have the authority:

a) To issue warnings;

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

c) Confiscate objects and means of administrative offenses with a value not exceeding 25,000,000 VND;

d) Apply remedial measures provided for in Points a, c, đ Clause 1 Article 28 of the Law on Handling Administrative Offenses and Clauses 2 and 4 Article 4 of this Decree.

2. The Commander of a Provincial Border Guard Force, the Commander of a Border Guard Squadron under the Border Guard Command have the authority:

a) To issue warnings;

b) Impose a fine up to 1,000,000,000 VND;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) Apply remedial measures provided for in Points a, c, đ, i Clause 1 Article 28 of the Law on Handling Administrative Offenses and Clauses 2, 3, 4, and 5 Article 4 of this Decree.

Customs has the authority to impose penalties on violations stipulated in Clause 4 Article 5 and Clause 1 Article 15 of this Decree discovered within its operational area and management field as follows:

1. The Head of a Customs Branch, the Head of a Post-Clearance Audit Branch have the authority:

a) To issue warnings;

b) Impose a fine up to 5,000,000 VND.

2. The Director of a Customs Branch, the Director of a Post-Clearance Audit Branch, the Head of a Control Team under a Provincial Customs Department, the Head of an Anti-Smuggling Control Team, the Head of a Customs Procedure Team, the Commander of a Maritime Control Squadron, and the Head of an Intellectual Property Protection Control Team under the Anti-Smuggling Investigation Bureau of the General Department of Customs have the authority:

a) To issue warnings;

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

c) Confiscate objects and means of administrative offenses with a value not exceeding 25,000,000 VND;

d) Apply remedial measures provided for in Points d, đ, g, i Clause 1 Article 28 of the Law on Handling Administrative Offenses.

3. The Director of the Anti-Smuggling Investigation Bureau, the Director of the Post-Clearance Audit Bureau under the General Department of Customs, and the Director of a Provincial Customs Department have the authority:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate objects and means of administrative offenses with a value not exceeding 50,000,000 VND;

đ) Apply remedial measures provided for in Points d, đ, g, i Clause 1 Article 28 of the Law on Handling Administrative Offenses.

4. The Director of the General Department of Customs has the authority:

a) To issue warnings;

b) Impose a fine up to 1,000,000,000 VND;

c) To confiscate objects and means of administrative violations;

d) Apply remedial measures provided for in Points d, đ, g, i Clause 1 Article 28 of the Law on Handling Administrative Offenses.

Maritime Inspectors, Port Maritime Authorities, and the Director of the Vietnam Maritime Administration have the authority to impose administrative penalties for violations specified in Articles 16, 17, 18, 19, 20, 21, 22, 23, and Article 25 of this Decree directly related to their respective areas and fields of management as follows:

1. Maritime inspectors under the Ministry of Transport, specialized maritime inspectors, and persons assigned to perform specialized maritime inspection tasks while on duty have the right:

a) To issue warnings;

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

c) To confiscate goods and means of transport involved in administrative violations with a value not exceeding 500,000 dong;

d) To apply remedial measures prescribed at Points a, c, đ Clause 1 Article 28 of the Law on Handling Administrative Violations.

2. The Chief Inspector of the Vietnam Maritime Administration, the Head of the specialized inspection team of the Vietnam Maritime Administration have the right:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate objects and means of administrative offenses with a value not exceeding 50,000,000 VND;

đ) To apply remedial measures prescribed at Clause 1 (except Point k) Article 28 of the Law on Handling Administrative Violations and Clause 5 Article 4 of this Decree.

3. The Head of the specialized inspection team of the Ministry of Transport has the right:

a) To issue warnings;

b) To impose fines up to VND 70,000,000;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate goods and means of transport involved in administrative violations with a value not exceeding 70,000,000 dong;

đ) To apply remedial measures prescribed at Clause 1 (except Point k) Article 28 of the Law on Handling Administrative Violations and Clause 5 Article 4 of this Decree.

4. The Chief Inspector of the Ministry of Transport has the right:

a) To issue warnings;

b) Impose a fine up to VND 100,000,000.

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To apply remedial measures prescribed at Points a, b, c, d, đ, e, g, h, and i Clause 1 Article 28 of the Law on Handling Administrative Violations and Clause 5 Article 4 of this Decree.

5. The Representative of the Port Maritime Authority has the right:

a) To issue warnings;

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

c) Confiscate administrative violation objects and means with a value not exceeding VND 10,000,000.

6. The Director of the Maritime Port Control Office and the Head of the Specialized Inspection Team of the Maritime Port Control Office have the authority:

a) To issue warnings;

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

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

6. The Director of the Port Maritime Authority, the Head of the specialized inspection team of the Port Maritime Authority have the right:

d) To confiscate goods and means of transport involved in administrative violations with a value not exceeding 25,000,000 dong;

đ) To apply remedial measures prescribed at Points a, b, c, đ, and i Clause 1 Article 28 of the Law on Handling Administrative Violations and Clause 5 Article 4 of this Decree.

a) To issue warnings;

b) Impose a fine up to VND 100,000,000.

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To apply remedial measures prescribed at Points a, b, c, d, đ, e, g, h, and i Clause 1 Article 28 of the Law on Handling Administrative Violations and Clause 5 Article 4 of this Decree.

The Heads of Regional Fisheries Control Units, and the Director of the Fisheries Inspection Department have the authority to impose administrative penalties for violations directly related to their respective areas and fields of management as specified in Article 10, Article 11, and Clause 1 Article 12 of this Decree as follows:

1. The Head of the Regional Fisheries Control Unit has the right:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) To revoke the use of fishing licenses, fishery occupation certificates for a limited period, or suspend fishing activities for a limited period;

d) Confiscate objects and means of administrative offenses with a value not exceeding 50,000,000 VND;

đ) To apply remedial measures prescribed at Points a, b, c, d, đ, e, g, h, and i Clause 1 Article 28 of the Law on Handling Administrative Violations and Clause 2 Article 4 of this Decree.

2. The Director of the Fisheries Inspection Department has the right:

a) To issue warnings;

b) To impose a fine of 250,000,000 dong;

c) To revoke the use of fishing licenses, fishery occupation certificates for a limited period, or suspend fishing activities for a limited period;

d) To confiscate goods and means of transport involved in administrative violations with a value not exceeding 250,000,000 dong;

đ) To apply remedial measures prescribed at Points a, b, c, d, đ, e, g, h, and i Clause 1 Article 28 of the Law on Handling Administrative Violations and Clause 2 Article 4 of this Decree.

1. When performing official duties, those who have the authority to impose administrative penalties as specified in Articles 28, 29, 30, 31, and Article 32 of this Decree have the authority to draw up administrative violation records.

2. Coast Guard investigators, officials, and staff of Port Maritime Authorities while performing official duties, upon discovering administrative violations, have the right to draw up administrative violation records and immediately transfer them to those authorized to impose administrative penalties.

Chapter IV
IMPLEMENTING PROVISIONS

Article 34. Effective Date

This Decree takes effect from January 1, 2014, and replaces Government Decree No. 137/2004/NĐ-CP dated June 16, 2004, which stipulates administrative penalties in Vietnam's territorial waters and continental shelf.

Article 35. Transitional Provisions

1. For administrative violations occurring in Vietnam's territorial waters, islands, and continental shelf before the effective date of this Decree but discovered or being considered and resolved thereafter, if the provisions on administrative penalties in this Decree are more favorable to the violators, then these provisions shall be applied to handle such cases.

2. For decisions on administrative penalties that have been issued or fully executed before the effective date of the Law on Handling Administrative Violations and this Decree, if individuals or organizations subject to administrative penalties still appeal, the provisions of the Ordinance on Handling Administrative Violations and Government Decree No. 137/2004/NĐ-CP dated June 16, 2004, shall be applied to resolve such appeals.

Article 36. Responsibility for Implementation

1. The Minister of National Defense shall guide and supervise the implementation of this Decree.

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