Circular No. 18/2018/TT-BGTVT amending and supplementing certain articles of Circular No. 12/2016/TT-BGTVT dated June 9, 2016, issued by the Minister of Transport guiding the implementation of certain provisions of Decree No. 132/2015/NĐ-CP dated December 25, 2015, of the Government stipulating administrative penalties for violations in the field of inland waterway transport.

CIRCULAR

Amending and supplementing certain Articles of Circular No. 12/2016/TT-BGTVT dated June 9, 2016

2016 issued by the Minister of Transport guiding the implementation of certain provisions of Decree No. 132/2015/NĐ-CP dated December 25, 2015 of the Government stipulating administrative penalties for violations in inland waterway transport

                                                                                                                 __________________

Based on the Administrative Violation Handling Law dated June 20, 2012;

Pursuant to the Law on Inland Waterway Transport dated June 15, 2004 and the Law Amending and Supplementing Certain Provisions of the Law on Inland Waterway Transport dated June 17, 2014;

Pursuant to Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing certain provisions and measures for implementing the Law on Handling Administrative Violations;

Pursuant to Decree No. 97/2017/NĐ-CP dated August 18, 2017 amending and supplementing certain provisions of Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing certain provisions and measures for implementing the Law on Handling Administrative Violations;

Pursuant to Decree No. 132/2015/NĐ-CPdated December 25, 2015 of the Government stipulating administrative penalties for violations in inland waterway transport;

Pursuant to Decree No. 12/2017/NĐ-CPdated February 10, 2017 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Transport;

At the proposal of the Director of the Legal Department and the Director of the Vietnam Inland Waterway Administration,

The Minister of Transport issues this Circular amending and supplementing certain Articles of Circular No. 12/2016/TT-BGTVT dated June 9, 2016 issued by the Minister of Transport guiding the implementation of certain provisions of Decree No. 132/2015/NĐ-CP dated December 25, 2015 of the Government stipulating administrative penalties for violations in inland waterway transport.

Article 1. Amending and supplementing certain Articles of Circular No. 12/2016/TT-BGTVT dated June 9, 2016 of the Minister of Transport guiding the implementation of certain provisions of Decree No. 132/2015/NĐ-CP dated December 25, 2015 of the Government stipulating administrative penalties for violations in inland waterway transport

1. Amending and supplementing Clause 2 of Article 3 as follows:"2. Organizations and individuals committing violations, persons authorized to impose penalties and issue administrative violation notices in the field of inland waterway transport, related organizations and individuals must comply with the provisions of the Law on Handling Administrative Violations, Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing certain provisions and measures for implementing the Law on Handling Administrative Violations, Decree No. 97/2017/NĐ-CP dated August 18, 2017 amending and supplementing certain provisions of Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing certain provisions and measures for implementing the Law on Handling Administrative Violations, Decree No. 132/2015/NĐ-CP dated December 25, 2015 of the Government stipulating administrative penalties for violations in inland waterway transport, and this Circular."

2. Amend and supplement Article 15 as follows:

"Article 15. Sample administrative violation notices and decisions used in administrative penalty proceedings in the field of inland waterway transport

This Circular annexes certain sample administrative violation notices and decisions used in administrative penalty proceedings in the field of inland waterway transport. Other types of sample administrative violation notices and decisions shall be applied according to the provisions of Decree No. 97/2017/NĐ-CP dated August 18, 2017 of the Government amending and supplementing certain provisions of Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing certain provisions and measures for implementing the Law on Handling Administrative Violations."

Article 2. Effective Date

b) Decision No. 35/2008/QD-NHNN dated December 16, 2008, of the Governor of the State Bank of Vietnam amending and supplementing certain articles of the regulations on procedures and formalities for implementing changes by credit unions that require approval promulgated under Decision No. 05/2007/QD-NHNN dated January 30, 2007, of the Governor of the State Bank of Vietnam;

2. Abolishing the Appendix containing sample administrative violation notices and decisions for administrative penalties in the field of inland waterway transport issued together with Circular No. 12/2016/TT-BGTVT dated June 9, 2016 of the Minister of Transport guiding the implementation of certain provisions of Decree No. 132/2015/NĐ-CP dated December 25, 2015 of the Government stipulating administrative penalties for violations in inland waterway transport.

Article 3. Implementation Organization

The Director of the Ministry's Office, the Inspector General of the Ministry, Heads of Departments, Directors of the Vietnam Inland Waterways Administration, Directors of Provincial and Municipal Departments of Transport under the Central Government, relevant agencies, organizations, and individuals are responsible for enforcing this Circular.