Circular No. 18/2005/TT-BCA-C11 guiding the implementation of certain provisions of Decree No. 09/2005/NĐ-CP dated January 27, 2005 on administrative penalties for violations in inland waterway transport.

CIRCULAR

Guidelines for Implementing Certain Provisions of Decree No. 09/2005/NĐ-CP

dated January 27, 2005 on Administrative Sanctions for Violations in the Field of Inland Waterway Transport

On January 27, 2005, the Government issued Decree No. 09/2005/NĐ-CP on Administrative Sanctions for Violations in the Field of Inland Waterway Transport. The Ministry of Public Security hereby provides guidelines for implementing certain provisions of this Decree as follows:

I. SCOPE OF REGULATION AND APPLICABLE SUBJECTS

1.1. Article 1 of Decree No. 09/2005/NĐ-CP dated January 27, 2005 on Administrative Sanctions for Violations in the Field of Inland Waterway Transport (hereinafter referred to as Decree No. 09) has specifically defined the scope of regulation of the Decree. Therefore, authorities authorized to impose administrative sanctions in the field of inland waterway transport (IWWT) may only impose sanctions on violations stipulated in Chapter II of Decree No. 09.

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

1.2. For violations occurring on rivers, canals, creeks, lakes, swamps, bays, harbors, routes to islands, and connecting routes between islands within internal waters, in addition to imposing sanctions on violations occurring on channels (including common channels for inland waterway vessels and sea vessels operating together) and channel protection zones, sanctions shall also be imposed on violations occurring outside the channel protection zones and areas where the competent state management authority has not yet announced channels.

2.1. The subjects to which Decree No. 09 applies are organizations and individuals, both domestic and foreign, who commit administrative violations (AV) in the field of IWWT on the territory of the Socialist Republic of Vietnam.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such treaties shall be implemented.

2.2. The aforementioned subjects use the following means to commit administrative violations:

a) Vessels, boats, and floating structures classified as inland waterway vessels;

b) Sea vessels and fishing vessels that violate the provisions of Articles 20, 21, 22, and 23 of Decree No. 09.

3. Determination of Subjects for Imposing Types and Amounts of Fines

Some articles of the Decree prescribe the same violation but provide different types and amounts of fines to be applied to organizations and individuals using specific types of vessels that have committed the violation. To ensure that sanctions are imposed correctly on the right subjects and for specific violations, the following points should be noted when imposing sanctions:

3.1. For vessels registered to carry passengers (including those that also carry cargo) that have violated regulations, the basis for determining the number of passengers allowed to be carried is the passenger capacity recorded in the Certificate of Vessel Registration or the Certificate of Technical Safety and Environmental Protection. If the vessel has specified power and speed, in addition to considering the passenger capacity, the power and speed of the vessel must also be considered to apply appropriate types and amounts of fines. In cases where the vessel is not registered or inspected, the actual number of passengers being carried by the vessel, with a minimum freeboard of 200mm, shall be the basis.

3.2. For cargo-carrying vessels

a) Non-motorized vessels shall be based on the actual gross tonnage of the cargo being carried by the vessel, corresponding to the safe draft mark set by the competent authority for that type of vessel, to apply appropriate types and amounts of fines.

b) Motorized vessels shall be based on the actual engine power of the vessel.

c) In cases where there is no basis to determine the actual gross tonnage or engine power of the vessel, the Certificate of Vessel Registration or the Certificate of Technical Safety and Environmental Protection of the vessel shall be the basis.

For unregistered or uninspected vessels, the length, width, and height of the vessel shall be compared with registered and inspected vessels of similar dimensions.

3.3. For floating structures such as floating hotels, floating houses, floating platforms, floating wharfs, or other floating structures equipped with construction equipment, excavators, dredgers, mineral extraction equipment, loading and unloading equipment, etc., if there is no basis to determine the actual gross tonnage, engine power, or passenger capacity of the vessel, it shall be determined as follows:

a) Floating structures with a maximum length up to 10 meters or a maximum width up to 4 meters shall be considered as having a gross tonnage from 5 tons to 15 tons;

b) Floating structures with a maximum length over 10 meters or a maximum width over 4 meters shall be considered as having a gross tonnage over 15 tons.

- The length of the vessel is measured from the outermost point at the bow to the outermost point at the stern or from two outermost points of the vessel at the widest part of the deck.

- The width of the vessel is measured from the edge of the deck on one side to the edge of the deck on the other side, at the widest point.

4. Determination of Freeboard of the Vessel

The freeboard of the vessel is measured from the position of the safe draft mark to the deck level at the midpoint of the vessel's side. The freeboard of the vessel is determined by the inspection authority in the Certificate of Technical Safety and Environmental Protection or the Technical Inspection Logbook of the vessel, corresponding to the vessel's class and operational area.

In cases where the vessel is not inspected or does not need to be inspected, the determination of the vessel's freeboard must be based on the smallest freeboard corresponding to the length, class, and operational area of the vessel as prescribed in technical safety standards or regulations issued by the competent authority.

II. ON VIOLATIONS PRESCRIBED IN

II. REGARDING THE VIOLATING ACTS AS PROVIDED FOR IN
CHAPTER II OF DECREE NO. 09

1. VIOLATIONS OF PROVISIONS ON MANAGEMENT AND PROTECTION OF WORKS BELONGING TO THE INFRASTRUCTURE OF INLAND WATERWAYS

1.1. VIOLATIONS OF PROVISIONS ON PROTECTION OF WORKS BELONGING TO THE INFRASTRUCTURE OF INLAND WATERWAYS

a) ALLOWING MUD, SOIL, SAND, GRAVEL, OR OTHER WASTE MATERIALS TO FALL OR FLOAT INTO THE CHANNEL OR WITHIN THE PROTECTED CHANNEL BUFFER ZONE (AS PROVIDED FOR IN CLAUSE 4, ARTICLE 7) IS AN UNINTENTIONAL ACT OF LEAVING SUCH MATERIALS ON THE BANK OR ON THE VESSEL, CAUSING THEM TO FALL OR FLOAT INTO THE CHANNEL OR THE PROTECTED CHANNEL BUFFER ZONE. IF SUCH MATERIALS ARE INTENTIONALLY DUMPED INTO THE CHANNEL OR THE PROTECTED CHANNEL BUFFER ZONE, THEN THE PENALTY SHALL BE IMPOSED AS PROVIDED FOR IN POINT D, CLAUSE 5, ARTICLE 7 OF DECREE NO. 09.

b) CAUSING EROSION OF THE RETAINING WALL OR TRANSPORTATION DAM (AS PROVIDED FOR IN POINT A, CLAUSE 5, ARTICLE 7) IS AN ACT THAT DIRECTLY IMPACTS THE RETAINING WALL OR TRANSPORTATION DAM, RESULTING IN CERTAIN CHANGES TO THE RETAINING WALL OR TRANSPORTATION DAM COMPARED TO BEFORE, BUT NOT YET TO THE EXTENT OF DAMAGE TO ITS STRUCTURE OR ENDANGERING ITS SAFETY.

c) EXTRACTING SAND, GRAVEL, OR OTHER MINERALS ON INLAND WATERWAYS WITHOUT COMPLYING WITH THE LICENSE ISSUED BY THE AUTHORIZED AUTHORITIES (AS PROVIDED FOR IN POINT A, CLAUSE 6, ARTICLE 7) IS AN ACT OF EXTRACTING SAND, GRAVEL, OR OTHER MINERALS FROM THE CHANNEL OR THE PROTECTED CHANNEL BUFFER ZONE WITHOUT ADHERING TO THE PERMITTED SCOPE, DEPTH, TIME, ENVIRONMENTAL PROTECTION CONDITIONS, AND TRAFFIC SAFETY CONDITIONS STATED IN THE LICENSE ISSUED BY THE AUTHORIZED AUTHORITIES.

IN CASE OF EXTRACTION WITHOUT A LICENSE OR WITH AN EXPIRED LICENSE, THE PENALTY SHALL BE IMPOSED AS PROVIDED FOR IN POINT C, CLAUSE 7, ARTICLE 7 (EXTRACTION OUTSIDE THE CHANNEL) OR POINT B, CLAUSE 8, ARTICLE 7 (EXTRACTION INSIDE THE CHANNEL).

1.2. VIOLATIONS OF PROVISIONS ON TRAFFIC SAFETY DURING CONSTRUCTION OF WORKS

a) OPERATING VEHICLES OR EQUIPMENT ON INLAND WATERWAYS WITHOUT A SPECIALIZED CERTIFICATE (AS PROVIDED FOR IN CLAUSE 1, ARTICLE 8) IS THE ACT OF THE PERSON OPERATING THE VEHICLE OR EQUIPMENT (INCLUDING THE CAPTAIN OR OTHER CREW MEMBERS) ON INLAND WATERWAYS, SUCH AS DREDGERS, CRANES, HOISTS, OR CONSTRUCTION MACHINES ON INLAND WATERWAYS WITHOUT A SPECIALIZED CERTIFICATE OR A LICENSE TO OPERATE THE VEHICLE OR EQUIPMENT ISSUED BY THE AUTHORIZED GOVERNMENT AUTHORITIES.

b) FAILING TO IMPLEMENT OR IMPLEMENTING INCOMPLETELY THE TRAFFIC SAFETY PLAN APPROVED BY THE AUTHORIZED GOVERNMENT AUTHORITIES DURING CONSTRUCTION OF WORKS (AS PROVIDED FOR IN POINT A, CLAUSE 2, ARTICLE 8) IS THE ACT OF NOT FOLLOWING THE TRAFFIC SAFETY PLAN OR NOT IMPLEMENTING THE TRAFFIC SAFETY CONDITIONS APPROVED BY THE AUTHORIZED AUTHORITIES COMPLETELY WHEN CONSTRUCTING WORKS, EXTRACTING SAND, GRAVEL, OR OTHER MINERALS FROM THE CHANNEL OR THE PROTECTED CHANNEL BUFFER ZONE.

IN CASE OF CONSTRUCTION WITHOUT A TRAFFIC SAFETY PLAN OR WITH A PLAN THAT HAS NOT BEEN APPROVED BY THE AUTHORIZED AUTHORITIES, THE PENALTY SHALL BE IMPOSED AS PROVIDED FOR IN CLAUSE 3, ARTICLE 8.

1.3. VIOLATIONS OF PROVISIONS ON NAVIGATION MARKS OF INLAND WATERWAYS

a) PLACING NAVIGATION MARKS IN THE WRONG POSITION, SHAPE, SIZE, COLOR, OR TYPE AS PROVIDED FOR IN CLAUSES 1, 2, AND 4, ARTICLE 12 (AS PROVIDED FOR IN POINT A, CLAUSE 1, ARTICLE 12) IS THE ACT OF ORGANIZATIONS OR INDIVIDUALS RESPONSIBLE FOR PLACING NAVIGATION MARKS, BUT PLACING THE MARKS IN THE WRONG POSITION, SHAPE, SIZE, COLOR, OR TYPE AS PROVIDED FOR IN THE VIETNAM NAVIGATION MARK RULES.

b) IN CASE OF PERMITTING THE INSTALLATION OF FISHING NETS, FISHING DEVICES, OR FISHERY EQUIPMENT IN THE PROTECTED CHANNEL BUFFER ZONE THAT AFFECTS TRAFFIC SAFETY ON INLAND WATERWAYS, THE RESPONSIBILITY TO PLACE OBSTRUCTION MARKS AS PROVIDED FOR IN THE VIETNAM NAVIGATION MARK RULES MUST BE TAKEN.

2. VIOLATIONS OF PROVISIONS ON VESSELS

2.1. VIOLATIONS OF PROVISIONS ON REGISTRATION AND TECHNICAL INSPECTION OF VESSELS

a) THE REGISTRATION NUMBER OF THE VESSEL BEING BLURRED OR OBSCURED (AS PROVIDED FOR IN POINT A, CLAUSE 1, ARTICLE 13) IS THE ACT OF ALLOWING MUD, SOIL, OR OTHER OBJECTS TO COVER THE REGISTRATION NUMBER OF THE VESSEL OR ALLOWING THE REGISTRATION NUMBER OF THE VESSEL TO BECOME PEELING, FADING, MISSING LETTERS, OR NUMBERS, MAKING IT INCAPABLE OF BEING READ FULLY.

b) WRITING OR ATTACHING THE REGISTRATION NUMBER OF THE VESSEL IN NON-COMPLIANCE WITH THE REGULATIONS (AS PROVIDED FOR IN POINT B, CLAUSE 1, ARTICLE 13) IS THE ACT OF WRITING OR ATTACHING THE REGISTRATION NUMBER OF THE VESSEL IN THE WRONG POSITION, STYLE OF LETTERS, STYLE OF NUMBERS, SIZE, OR COLOR AS PROVIDED FOR BY THE AUTHORIZED REGISTRATION AUTHORITIES.

c) WRITING OR ATTACHING A FALSE REGISTRATION NUMBER (AS PROVIDED FOR IN POINT D, CLAUSE 2, ARTICLE 13), USING A FALSE VESSEL REGISTRATION CERTIFICATE OR A FALSE VESSEL TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION CERTIFICATE (AS PROVIDED FOR IN POINT B, CLAUSE 5, ARTICLE 13) ARE THE ACTS OF WRITING OR ATTACHING A REGISTRATION NUMBER, USING A VESSEL REGISTRATION CERTIFICATE, OR A VESSEL TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION CERTIFICATE OF ANOTHER VESSEL OR NOT ISSUED BY THE AUTHORIZED REGISTRATION OR INSPECTION AUTHORITIES.

d) NOT PAINTING OR PAINTING THE SAFE DRAFT MARK OF THE VESSEL IN NON-COMPLIANCE WITH THE REGULATIONS (AS PROVIDED FOR IN POINT E, CLAUSE 2, ARTICLE 13) IS THE ACT OF NOT PAINTING OR PAINTING THE SAFE DRAFT MARK OF THE VESSEL IN THE WRONG SHAPE, SIZE, COLOR, OR POSITION AS PROVIDED FOR BY THE TECHNICAL INSPECTION AUTHORITIES OR ALLOWING THE SAFE DRAFT MARK TO BECOME BLURRED AND UNREADABLE.

e) NOT HAVING CIVIL LIABILITY INSURANCE OR OTHER DOCUMENTS REQUIRED FOR EACH TYPE OF VESSEL (AS PROVIDED FOR IN POINT H, CLAUSE 2, AND POINT H, CLAUSE 3, ARTICLE 13) IS THE ACT OF THE VESSEL OPERATOR NOT HAVING THE SPECIFIC DOCUMENTS REQUIRED FOR THE TYPE OF VESSEL, SUCH AS THE VOLUME OCCUPANCY CERTIFICATE, LIFTING EQUIPMENT TESTING BOOK, WEAPONS, POISONOUS SUBSTANCES, EXPLOSIVES CARRIAGE LICENSE... OR PASSENGER CARRIER VESSELS, FLAMMABLE AND EXPLOSIVE MATERIAL CARRIER VESSELS WITHOUT A CIVIL LIABILITY INSURANCE CERTIFICATE OR WITH AN EXPIRED ONE.

f) THE TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION CONDITION OF THE VESSEL NOT MEETING THE STANDARDS (AS PROVIDED FOR IN POINT C, CLAUSE 5, ARTICLE 13) IS THE ACT OF NOT MAINTAINING THE TECHNICAL SAFETY AND ENVIRONMENTAL PROTECTION CONDITION OF THE VESSEL AFTER TECHNICAL INSPECTION, SUCH AS WATER LEAKING INTO THE VESSEL, THE VESSEL BEING CRACKED, BROKEN, HOLED, BROKEN, THE ANCHOR SYSTEM NOT FUNCTIONING...

g) Forgery of documents to register or inspect vehicles (as provided for in point d, Clause 5, Article 13) is the act of using documents or papers of another vehicle or using documents or materials that have not been approved by the inspection authority, or papers that are not issued or confirmed by competent state agencies, to register or inspect vehicles.

h) Lending, renting, lending out, or renting out equipment of vehicles for inspection (as provided for in point đ, Clause 5, Article 13); this act applies to both the lender, renter, borrower, and rentee of the equipment.

2.2. Violations concerning the equipment and safety devices of vehicles

Not equipping or equipping insufficiently with safety devices as prescribed (as provided for in Clause 1, Article 14) is the act of the driver operating a vehicle with a gross weight under five tons or a machine with power under five horsepower (HP) without arranging or arranging insufficiently with life-saving devices corresponding to the number of people the vehicle is permitted to carry.

To determine violations concerning the equipment and safety devices of vehicles as provided for in Clause 2, Article 14, it is necessary to compare the quantity, type, and quality of actual equipment and safety devices on the vehicle with those stipulated in the Vehicle Safety Technical Inspection Book (STIB). In cases where the vehicle operator cannot produce the STIB, the comparison shall be made based on the equipment and safety devices prescribed for vehicles of the same size, power, gross weight, and purpose as those specified in the STIB.

2.3. Operating a vehicle outside its intended purpose or operational area (as provided for in Clause 1, Article 15) is the act of operating a vehicle beyond the designated area or using it contrary to its intended purpose as defined by the competent authority. For example, operating a vessel with Class II certification in waters only designated for Class I vessels, or using a cargo transport vessel to carry passengers.

3. Violations concerning crew members and drivers

3.1. Using professional certificates improperly (as provided for in Clause 1, Article 17) is the act of crew members or drivers using certificates that do not match the type of vessel they operate or failing to provide additional special certificates required by regulations when such certificates are necessary.

A professional certificate is a document certifying the capability to hold a seafarer position, engine room worker, or vessel driver role. A special professional certificate is a document certifying the capability to work safely on high-speed vessels, oil and chemical carriers, liquefied gas carriers, or coastal vessels.

3.2. Assigning the operation of a vessel to individuals without valid professional certificates or whose certificates do not match the type of vessel (as provided for in point a, Clause 2, Article 17); this act applies to penalties against the vessel owner, captain, or deputy captain on duty, or the vessel driver in the following situations:

a) The vessel owner assigns to someone without a captain's license or whose license does not match the vessel being operated; appoints someone without a captain's license or whose license does not match to serve as captain on the vessel;

b) The captain or deputy captain on duty assigns to someone without a captain's license or seaman's certificate to operate the vessel;

c) The vessel driver assigns to someone without a driver's professional certificate to operate the vessel.

3.3. Falsely declaring to obtain, change, or reissue professional certificates (as provided for in Clause 3, Article 17) is the act of making false declarations to obtain, change, or reissue professional certificates, such as presenting false information in documents or materials not issued or confirmed by competent authorities, or the act of individuals holding professional certificates who are temporarily detained by authorities for handling violations according to the law.

3.4. Using counterfeit professional certificates (as provided for in Clause 4, Article 17) is the act of using professional certificates not issued by authorized agencies or individuals.

3.5. Not providing sufficient crew members as prescribed or using individuals working on the vessel not listed in the crew book (as provided for in point a, Clause 2, Article 18) is the act of the vessel owner not providing a captain and other minimum crew positions as prescribed by the competent authority; the captain or deputy captain on duty does not ensure the minimum number of crew members on the vessel registered by the vessel owner in the crew book, or uses individuals not listed in the crew book to perform crew duties.

4. Violations concerning traffic rules and signals of vehicles

4.1. Violations concerning traffic rules

a) Towing a passenger-carrying vehicle or a dangerous goods-carrying vehicle, or allowing a passenger-carrying vehicle or a dangerous goods-carrying vehicle to tow the vehicle while in transit (as provided for in points a and b, Clause 1, Article 22) is the act of the vehicle operator towing or attaching in any manner a passenger-carrying vehicle or a dangerous goods-carrying vehicle, or allowing a passenger-carrying vehicle or a dangerous goods-carrying vehicle to attach to their vehicle.

A dangerous goods-carrying vehicle is a vehicle transporting explosives; flammable substances; oxidizing substances, corrosive substances; toxic or infectious substances; radioactive substances, or other hazardous goods. The list of dangerous goods, hazard codes, dangerous goods labels, and hazard warnings are stipulated in Decree No. 29/2005/ND-CP dated March 10, 2005, on the list of dangerous goods and the transportation of dangerous goods on inland waterways.

b) Operating a vessel to create large waves causing damage to transportation works (as provided in point b, Clause 6, Article 22) is the act of operating a vessel to create waves to the extent that it causes landslides, erosion of soil, rocks, or components of transportation works; landslides along riverbanks, canals; or changes the structure and safety level of transportation works.

c) Operating a vessel at high speed causing danger to other vessels (as provided in point c, Clause 6, Article 22) is the act of operating a vessel at a speed that endangers people and other vessels, such as causing loss of balance, collisions between vessels, damage to cargo, or preventing the driver of another vessel from observing traffic flow.

4.2. Violations concerning signals of vessels

a) Failure to arrange signals for vessels (as provided in Article 23) is the act of the captain or driver of a vessel not arranging or arranging insufficient types of signals (sound signals, light signals, flag signals, sign signals) according to regulations applicable to each type of vessel as stipulated in Section II, Chapter V of the Law on Inland Waterway Traffic.

b) Arranging incorrect signals on vessels (as provided in Article 23) is the act of the captain or driver of a vessel arranging signals on the vessel incorrectly in terms of position, shape, size, or failing to meet technical standards regarding sound intensity, lighting intensity, color, and angle of illumination as specified for each type of signal.

5. Violations concerning port and inland waterway wharf operations

Using loading and unloading equipment that does not meet technical standards (as provided in point d, Clause 2, Article 24) is the act of putting vessels and loading/unloading equipment into operation at ports and wharfs (including floating structures with functions similar to those of inland waterway wharfs) without obtaining a certificate of technical safety from the competent authority or having a certificate of technical safety that has expired, or equipment that does not comply with the prescribed technical safety standards.

6. Violations concerning the transport of passengers

6.1. Failure to provide seating for passengers (as provided in point a, Clause 1, point b, Clause 2, Article 26) is the act of the captain or driver of a vessel not providing seats or firmly attached devices sufficient for the number of passengers allowed on board.

6.2. Allowing passengers to engage in acts that endanger the vessel (as provided in point a, Clause 1, point b, Clause 2, Article 26) is the act of the captain or driver of a vessel not reminding or requiring passengers to refrain from actions that destabilize or endanger the vessel, such as playing around, dangling feet or hands overboard, or placing part of objects or goods into the water.

6.3. Stacking cargo and luggage improperly (as provided in point g, Clause 3, Article 26) is the act of the captain stacking or allowing others to stack cargo and luggage on walkways, passenger seats; exceeding the width and height dimensions of the vessel; obstructing the view of the vessel's operator; causing the vessel to tilt or become unstable; hindering the operation of steering and anchoring systems; stacking cargo on the roof of the vessel, except when permitted by the inspection authority (but not exceeding the height limit set by the inspection authority).

Stacking cargo obstructing the view of the vessel's operator is the act of stacking cargo on the vessel so that the operator, from their control position, cannot see the bow and sides of the vessel.

6.4. Not having a passenger list (as provided in point đ, Clause 2, point đ, Clause 3, Article 26) is the act of the captain not preparing a passenger list or preparing one but not carrying it when the vessel departs from the wharf.

6.5. Carrying prohibited goods alongside passengers (as provided in point a, Clause 2, Article 27) is the act of carrying goods prohibited by law from circulation or transportation alongside passengers. Accordingly, when applying supplementary penalties for this violation as stipulated in Clause 3, Article 27, confiscated goods will be those prohibited by law from circulation; for goods prohibited from being transported alongside passengers, confiscation will only apply to imported goods of unknown origin, goods prohibited from export, and foul-smelling goods or diseased animals.

Violating the safe draft mark of the tugboat formation

A tugboat formation consists of multiple vessels joined together, including tugboats and towed vessels. The formation may consist of one tugboat and one towed vessel. The total deadweight of the tugboat formation includes the total deadweight of all towed vessels within the formation.

When determining violations of exceeding the safe draft mark of the tugboat formation, the vessel with the greatest draft beyond the dry dock margin must be taken as the basis for penalizing the entire formation.

III. AUTHORITY, PROCEDURES, AND FORMS OF ADMINISTRATIVE PENALTIES
TEMPORARY WITHHOLDING OF VIOLATING VESSELS

1. Determining the authority to impose penalties

1.1. According to Article 34 of Decree No. 09, the Public Security Authority has the authority to impose penalties for violations stipulated in Chapter II of Decree No. 09, except for the following violations:

a) Violations stipulated in Article 16 of Decree No. 09 occurring at new construction, conversion, repair, and restoration sites of vessels;

b) Violations stipulated in Article 19 of Decree No. 09 concerning training institutions for crew members and drivers;

c) Other violations as stipulated in Decree No. 09 occurring at ports and inland waterway wharfs under the jurisdiction of the Port Inspection Authority where such wharfs have been assigned a Port Inspection Authority.

1.2. To determine the authority to impose penalties among various forces within the Public Security Force for specific violations stipulated in Chapter II of Decree No. 09, reference must be made to the field (function, duty) and working area of each force. If the violation does not fall within the field or working area of the force, it must be transferred to the authority responsible for imposing penalties according to the law.

For violations occurring in border areas, the unit or force of the People's Public Security that first discovers the violation shall have its authorized authority carry out the penalty.

1.3 When imposing a fine, the authority to impose penalties of each position is based on the maximum fine amount within the fine range prescribed for each violation. If the fine amount or one of the additional penalties or remedial measures does not fall within their authority, then the person handling the case must transfer the violation to the person with the authority to impose the penalty.

Clause 6, Article 26 of Decree No. 09 only specifies the fine amount per person or passenger exceeding the carrying capacity of the vehicle, without specifying the specific fine range (from the minimum to the maximum fine) as provided for other violations under Decree No. 09. Therefore, the basis for determining the authority to impose penalties in this case is the total fine amount for the number of people or passengers exceeding the carrying capacity. Based on this, the specific case of violation falling within the authority to impose penalties of which position is determined, that position may issue the decision on penalty.

2. Application of additional penalties and remedial measures

2.1 Some violations under Decree No. 09, in addition to the main form of punishment, also provide for additional penalties and remedial measures. Therefore, when issuing a decision on punishment against organizations or individuals who commit violations, in addition to applying the main form of punishment, additional penalties and remedial measures must also be applied.

2.2 When applying the additional penalty of revoking the right to use licenses or certificates, it must be carried out as follows:

a) If the additional penalty is the revocation of a certificate or license (collectively referred to as a license), then the authority to impose penalties must base the specific period of revocation within the range of periods specified for the violation, taking into account the nature, severity of the violation, aggravating or mitigating circumstances, personal history, and other relevant factors related to the violation.

b) In cases where a person commits multiple violations, all of which are subject to the additional penalty of revoking the right to use a license, the authority to impose penalties shall only revoke the right to use a license for one of the violations, specifically the one with the longest period of revocation as stipulated in Decree No. 09.

3. On the procedure and process of imposing penalties

The imposition of administrative violations penalties in inland waterway traffic must comply fully with the procedures and processes already prescribed in the Administrative Violations Handling Ordinance 2002, Decree No. 134/2003/NĐ-CP detailing certain provisions of the Administrative Violations Handling Ordinance 2002, Decree No. 09, and this Circular. Attention should be paid to the following points:

3.1 When deciding on administrative violations penalties in the field of inland waterway traffic, in addition to on-the-spot penalties according to simplified procedures, the authority to impose penalties may also conduct on-the-spot penalties for violations with fines over 100,000 dong occurring on rivers, canals, lakes, lagoons, bays, coastal areas, routes to islands, inter-island routes in inland waters, difficult navigation areas, or violations occurring outside regular working hours, specifically:

a) For violations where the penalty is a warning or a fine from 5,000 dong to 100,000 dong, after ordering the cessation of the violation, a decision on penalty must be issued according to simplified procedures.

b) For violations with a fine over 100,000 dong, after ordering the cessation of the violation, a record of the administrative violation must be established; if the violation is clear, does not require investigation, and falls within the authority to impose penalties, a decision on penalty must be issued immediately.

c) The decision on penalty according to simplified procedures, the record of administrative violation, and the decision on administrative violation penalty must ensure the contents prescribed in Articles 54, 55, and 56 of the Administrative Violations Handling Ordinance, in accordance with the model of the Ministry of Public Security, and must be handed over to the organization or individual being penalized. The organization or individual being penalized may pay the fine on the spot to the person issuing the decision on penalty, who is allowed to collect the fine and hand over the receipt of the fine collection to the organization or individual being penalized.

d) Public Security officers authorized to impose administrative violations penalties in the field of inland waterway traffic, immediately after completing their shift, along with handing over the violation case file, must also hand over the penalty receipt and the collected fine to the person directly assigned by their unit leader (Station, Post) to handle administrative violations.

đ) The person assigned to handle administrative violations at the unit must report the cases of on-the-spot fine payments and submit them to the officer responsible for collecting administrative violation fines from the Traffic Police Department, Traffic Police Division, Order Maintenance Police Department, Administrative Management Police Department, County-level Public Security Chief, or the head of an independent mobile police unit at battalion level or above within two days from the time the authority to impose penalties returns to the unit headquarters.

e) The heads of the Traffic Police Department, Traffic Police Division, Order Maintenance Police Department, Administrative Management Police Department, County-level Public Security Chief, or the head of an independent mobile police unit at battalion level or above must arrange for their unit's officers to collect fines and submit them to the State Treasury in accordance with the regulations of the Ministry of Finance.

3.2 For violations with fines over 100,000 dong that are not handled on the spot, the authority to impose administrative violations penalties must issue a decision on penalty within ten days from the date of establishing the record of administrative violation.

In cases where the violation involves multiple complex circumstances, the time limit for issuing a penalty decision is thirty days from the date of recording the violation in the violation report; if additional time is needed to verify, collect evidence and materials, at least ten days before the expiration of the aforementioned period, the authorized authority must submit a written request for extension and obtain approval directly from the head within that document, but the extension period shall not exceed thirty days.

3.3. After issuing the penalty decision, the authorized authority must organize the enforcement of the penalty decision within ten days from the date of delivering the decision to the organization or individual subject to punishment. If beyond this period, the organization or individual subject to punishment does not voluntarily comply with the penalty decision, then the decision maker or proposes the authorized authority to issue a decision to enforce the penalty decision compulsorily according to the provisions of the law.

3.4. The administrative violation penalty decision takes effect for one year from the date of issuance of the penalty decision. For decisions that have exceeded one year without being enforced, if the authorized authority cannot deliver the administrative violation penalty decision to the organization or individual subject to punishment due to their non-receipt or unidentifiable address, the decision maker must issue a decision to suspend the execution of penalties and measures to remedy consequences recorded in the administrative violation penalty decision, except for the confiscation of contraband items and means of transportation involved in the violation.

In cases where the penalty decision has been delivered to the organization or individual subject to punishment (including notification or delivery of the penalty decision to the organization or individual subject to punishment based on the address recorded in the violation report or other relevant documents related to the means of transportation, crew members, drivers, or necessary documents temporarily seized to ensure the enforcement of the penalty decision, but the person subject to punishment still fails to receive the decision), and if it exceeds one year without being enforced, it will be considered as intentionally delaying or evading compliance with the penalty decision. The compliance period for the penalty decision will be recalculated from the date when the organization or individual subject to punishment receives the penalty decision or when the violator is discovered.

4. Application of temporary detention measures for means of transportation involved in violations.

The application of temporary detention measures for means of transportation involved in violations in inland waterway traffic management as stipulated in Article 38 of Decree No. 09 shall be implemented as follows:

4.1. Temporary detention of means of transportation involved in violations shall only be carried out when it is truly necessary to immediately prevent the violation, prevent potential consequences for people or means of transportation, or when there is suspicion about the authenticity of documents related to the means of transportation, crew members, drivers, or when verification and clarification of the violation case are required as a basis for issuing a penalty decision. Specifically:

a) Means of transportation that must be registered and inspected but are not registered or inspected; Safety and technical inspection certificates of the means of transportation are no longer valid or there is suspicion of falsified documents related to the means of transportation; the means of transportation does not meet safety technical requirements as prescribed.

b) The person directly controlling the means of transportation does not have the required professional qualifications or there is suspicion of falsified professional qualifications; crew members operating the means of transportation have alcohol levels exceeding the prescribed limits or are using prohibited stimulants; violating regulations on inspection and control; illegally racing means of transportation.

c) Means of transportation carrying goods exceeding half the dry cargo capacity or the passenger capacity of the means of transportation; operating outside the designated area or purpose as prescribed; suspicion about the legality of the goods or documents related to the goods on the means of transportation.

d) In cases where only a fine is applied according to Clause 3 of Article 57 of the Ordinance on Handling Administrative Violations and the violator does not have documents related to the means of transportation, crew members, or other relevant documents, the means of transportation may be temporarily detained to ensure the enforcement of the penalty decision.

4.2. The following individuals in the People's Public Security Force have the authority to temporarily detain means of transportation involved in violations in inland waterway traffic management:

a) Head of the County Police;

b) Heads of the Waterway Traffic Police Department, Traffic Police Department, Public Order Police Department, Administrative Management Police Department;

c) Heads of independent mobile units of the Public Security Force at battalion level or higher;

d) Provincial Public Security Director;

đ) Directors of the Inland Waterway Traffic Police Bureau, Administrative Management Police Bureau.

In cases where there is reasonable grounds to believe that if not detained immediately, the evidence or means of transportation involved in the violation may be disposed of or destroyed, the immediate superior (Team Leader, Station Chief) of the People's Police officer performing the duty may issue a decision to temporarily detain the means of transportation involved in the violation, but within twenty-four hours from the issuance of the decision, they must report and obtain written approval or endorsement in the detention decision from one of the authorities mentioned above.

4.3. When temporarily detaining means of transportation involved in violations, a temporary detention record must be established. The record must clearly state the name, type, and condition of the detained means of transportation, and must bear the signatures of the recorder and the violator; if the violator does not sign, the reason must be clearly stated in the record. The temporary detention decision and record must conform to the model of the Ministry of Public Security.

4.4. The person issuing the temporary detention decision for means of transportation involved in violations is responsible for arranging a place for temporary detention and preserving the detained means of transportation; if damage, loss, sale, or substitution occurs due to their fault, they must compensate according to the law. In necessary cases, the authorized authority may require organizations or individuals with detained means of transportation to self-monitor and preserve the means of transportation, goods, and property on the means of transportation to ensure traffic safety, similar to ensuring the safety of the means of transportation when moored as stipulated in Clause 1 of Article 44 of the Law on Inland Waterway Traffic Management.

The means of transport subject to administrative violation penalties shall be temporarily detained at a location designated by local authorities or competent agencies for the purpose of detaining such means of transport. In cases where it is not possible to bring the means of transport to the detention location, they may be temporarily detained at the place where the violation occurred or at the headquarters of waterway traffic patrol and control units, but must ensure safety conditions for the means of transport and not obstruct traffic.

Organizations and individuals whose means of transport have been temporarily detained are responsible for paying the temporary detention fee in accordance with the provisions of the law and complying with regulations on maintaining public order and social safety at the detention location.

4.5. Within ten days from the date of issuance of the decision to temporarily detain the means of transport subject to administrative violation penalties, the person issuing the decision to temporarily detain must dispose of the detained means of transport according to the measures set forth in the penalty decision or return the means of transport to the organization or individual subject to the penalty if confiscation of the means of transport is not applied.

In cases where there are many complex circumstances requiring investigation, the period for temporarily detaining the means of transport is thirty days from the date of issuance of the temporary detention record; if additional time is needed for investigation, evidence collection, or if the violation has not been remedied, the period for temporarily detaining the means of transport may be extended but shall not exceed sixty days from the date of issuance of the temporary detention record, and must be decided in writing by the authorized person to temporarily detain the means of transport as stipulated in point 4.2 of the decision.

When organizations and individuals subject to administrative violation penalties have fully executed the penalty decision or have been granted a suspension of the execution of the fine decision, the authorized person to temporarily detain the means of transport must return the temporarily detained means of transport to the organization or individual subject to the penalty.

IV. IMPLEMENTATION

1. This Circular takes effect fifteen days from the date of publication in the Official Gazette and replaces previous regulations of the Ministry of Public Security regarding the imposition of administrative violation penalties in the field of inland waterway traffic.

2. The Director of the General Police Department is responsible for directing, monitoring, guiding, organizing the implementation, and inspecting the implementation of this Circular.

3. The Provincial Police Directors, City Police Directors under the Central Government have the responsibility to direct subordinate units and local police organizations to strictly implement this Circular; periodically every six months, annually, or at any time, conduct inspections and report the results to the Ministry of Public Security (through the General Police Department) on the implementation of this Circular.

4. The Directors of the various General Departments, Heads of Departments and Bureaus directly under the Minister, and Provincial Police Directors, City Police Directors under the Central Government within their respective functions and duties have the responsibility to organize the implementation of this Circular.

5. During the implementation of this Circular, if any difficulties arise, police units and localities need to report to the Ministry (through the General Police Department) for timely guidance./.