Decree No. 23/2017/ND-CP amending and supplementing certain articles of Decree No. 162/2013/NĐ-CP dated November 12, 2013 of the Government on administrative penalties for violations in maritime, island, and continental shelf areas of the Socialist Republic of Vietnam.

 

DECREE

Amending and supplementing certain articles of Decree No. 162/2013/NĐ-CP

dated November 12, 2013 of the Government on administrative penalties for violations in maritime, island, and continental shelf areas

of the Socialist Republic of Vietnam

Law on the Organization of the Government dated June 19, 2015 

Pursuant toPursuant to the Vietnamese Maritime Code dated June 14, 2005;;

The Government promulgates this Decree amending and supplementing certain articles of Decree No. 162/2013/NĐ-CP dated November 12, 2013 of the Government on administrative penalties for violations in maritime, island, and continental shelf areas of the Socialist Republic of Vietnam.

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

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

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

Article 1. Amending and supplementing certain articles of Decree No. 162/2013/NĐ-CP dated November 12, 2013 of the Government on administrative penalties for violations in maritime, island, and continental shelf areas of the Socialist Republic of Vietnam as follows:1. Amending Point b Clause 2 Article 7 as follows:

"Article 7. Violations concerning hoisting the National Flag of Vietnam and hoisting the flag of nationality

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

b) Foreign submarines or submerged vessels not hoisting the flag of nationality when operating in Vietnam's internal waters and territorial sea, except where permitted by the Government of Vietnam or pursuant to an agreement between the Government of Vietnam and the Government of the country whose vessels bear the flag of nationality."

2. Amending and supplementing Clause 2 Article 15 as follows:

Article 15. Violations concerning the transportation, purchase, exchange, and transshipment of goods illegally in maritime, island, and continental shelf areas of the Socialist Republic of Vietnam

2. A fine shall be imposed for the following violations involving the transportation, purchase, exchange, and transshipment of goods without documentation, incomplete documentation proving the legality of the goods, or for goods subject to conditions that at the time of inspection lack or have incomplete accompanying documents to prove the legality of the goods as follows:

"a) A fine of VND 3,000,000 to VND 5,000,000 for goods valued under VND 10,000,000;

b) A fine of VND 5,000,000 to VND 10,000,000 for goods valued from VND 10,000,000 to under VND 20,000,000;

c) A fine of VND 10,000,000 to VND 15,000,000 for goods valued from VND 20,000,000 to under VND 50,000,000;

d) A fine of VND 15,000,000 to VND 20,000,000 for goods valued from VND 50,000,000 to under VND 70,000,000;

đ) A fine of VND 20,000,000 to VND 25,000,000 for goods valued from VND 70,000,000 to under VND 100,000,000.

e) 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 liability."

"Article 29. Competence to impose penalties of the Border Guard Force The Border Guard Force has the authority to impose penalties for violations stipulated in this Decree within its jurisdictional area as follows:

1. The Station Commander, Team Leader of Border Guards performing official duties has the authority:

3. Amend and supplement Article 29 as follows:

2. The Border Guard Post Commander, Border Guard Squadron Commander, Subdistrict Border Guard Commandant, Border Guard Port Commandant has the authority:

d) To apply measures to remedy consequences prescribed in Points a, c, đ Clause 1 Article 28 of the Law on Administrative Offense Handling and Clauses 2, 4, 5 Article 4 of this Decree.

a) To issue warnings;

b) Impose a fine up to 2,500,000 VND.

3. The Provincial Border Guard Commandant, Directly Subordinate Border Guard Flotilla Commandant under the Border Guard Command has the authority:

a) To issue warnings;

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

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

d) To confiscate contraband items and means of violating administrative regulations; đ) To apply measures to remedy consequences prescribed in Points a, c, đ, i Clause 1 Article 28 of the Law on Administrative Offense Handling and Clauses 2, 3, 4, 5 Article 4 of this Decree."

4. Amending and supplementing Article 30 as follows:

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;

"Article 30. Competence to impose penalties of Customs Customs has the authority to impose penalties for violations stipulated in Clause 4 Article 5 and Article 15 of this Decree within its jurisdictional area as follows:

1. The Chief of the Customs Branch, the Chief of the Post-Customs Inspection Branch, the Team Leader of the Control Team under the Provincial Customs Department, the Team Leader of the Anti-Smuggling Control Team, the Team Leader of the Customs Procedure Team, the Squadron Leader of the Sea Control Squadron, and the Team Leader of the Intellectual Property Protection Control Team under the General Department of Customs Investigation and Smuggling Prevention have the authority:

2. The Director of the General Department of Customs Investigation and Smuggling Prevention, the Director of the Post-Customs Inspection Branch under the General Department of Customs, the Director of the Provincial Customs Department have the authority:

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

b) To impose a fine up to VND 200,000,000;

a) To issue warnings;

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

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

c) To confiscate contraband items and means of violating administrative regulations."

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) To confiscate objects and means of administrative violation with a value not exceeding VND 50,000,000;

5. Amending and supplementing Article 31 as follows:

a) To issue warnings;

"Article 31. Competence to impose penalties of the Marine Traffic Inspectorate, the Port Marine Traffic Inspectorate, the Director of the Vietnam Maritime Administration; the Head of the Specialized Inspection Team, the Chief Inspector of the Ministry of Transport.

The Marine Traffic Inspectorate, the Port Marine Traffic Inspectorate, the Director of the Vietnam Maritime Administration, and the positions of the Head of the Specialized Inspection Team, the Chief Inspector of the Ministry of Transport have the authority to impose penalties for violations stipulated in Articles 16, 17, 18, 19, 20, 21, 22, 23, 24, and Article 25 of this Decree within their jurisdictional area as follows:

1. The Chief Inspector of the Vietnam Maritime Administration, the Head of the Specialized Inspection Team of the Vietnam Maritime Administration have the authority:

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

2. The Head of the Specialized Inspection Team of the Ministry of Transport have the authority:

đ) To apply measures to remedy consequences prescribed in Clause 1 Article 28 of the Law on Administrative Offense Handling and Clause 5 Article 4 of this Decree.

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) To confiscate objects and means of administrative violation with a value not exceeding VND 50,000,000;

3. The Chief Inspector of the Ministry of Transport have the authority:

đ) To apply measures to remedy consequences prescribed in Points a, b, c, d, đ, e, g, h, and i Clause 1 Article 28 of the Law on Administrative Offense Handling 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 with a value not exceeding 100,000,000 VND;

4. The Representative of the Port Marine Traffic Inspectorate have the authority:

5. The Director of the Port Marine Traffic Inspectorate, the Head of the Specialized Inspection Team of the Port Marine Traffic Inspectorate have the authority:

a) To issue warnings;

b) Impose a fine up to one hundred and fifty million dong;

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 the remedial measures provided for in points a, b, c, d, đ, e, g, h, and i of Clause 1, Article 28 of the Law on Handling Administrative Violations and Clause 5, Article 4 of this Decree.

4. The Head of the Branch Port Authority has the right to:

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.

5. The Director of the Branch Port Authority and the Head of the Specialized Inspection Team of the Branch Port Authority have the right to:

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;

d) Confiscate contraband items and means of administrative violation with a value not exceeding 25,000,000 VND;

đ) Apply remedial measures prescribed in points a, b, c, đ, i, Clause 1, Article 28 of the Law on Handling Administrative Violations and Clause 5, Article 4 of this Decree.

6. The Director of the Vietnam Maritime Administration has the authority:

a) To issue warnings;

b) Impose a fine up to one hundred and fifty million dong;

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 prescribed in 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."

6. Supplement Article 31a as follows:

"Article 31a. Authority to impose administrative penalties of Market Management

Market Management has the authority to impose administrative penalties for acts of administrative violations stipulated in Article 15 of this Decree within its scope of management as follows:

1. The Team Leader of the Market Management Team has the authority:

a) To issue warnings;

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

c) Seize objects and means of administrative violations with a value not exceeding VND 10,000,000;

2. The Deputy Director of the Market Management Sub-Department under the Department of Industry and Trade, the Head of Anti-Smuggling Department, the Head of Counterfeit Goods Control Department, and the Head of Quality Control Department under the Market Management Department have the authority:

a) To issue warnings;

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

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

d) Revoke the right to use a time-limited license or certificate of practice or suspend operations for a time-limited period;

3. The Director of the Market Management Department has the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Confiscate contraband items and means of administrative violation; d) Revoke the right to use licenses and certificates of practice for a limited period or suspend operations for a limited period.

7. Supplement Article 31b as follows:

"Article 31b. Authority to impose administrative penalties of the Chairman of the People's Committee

The Chairman of the People's Committee has the authority to impose administrative penalties for acts of violation stipulated in this Decree within the scope of local management as follows:

1. The Chairman of the People's Committee at the commune level has the authority:

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c) Confiscate contraband items and means of administrative violation with a value not exceeding 5,000,000 VND;

d) Apply remedial measures prescribed in points a, b, c, and đ, Clause 1, Article 28 of the Law on Handling Administrative Violations.

2. The Chairman of the People's Committee at the district level has 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) To confiscate objects and means of administrative violation with a value not exceeding VND 50,000,000;

đ) Apply remedial measures prescribed in points a, b, c, đ, e, h, i, Clause 1, Article 28 of the Law on Handling Administrative Violations and Clauses 4 and 5, Article 4 of this Decree.

3. The Chairman of the People's Committee at the provincial level 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 prescribed in points a, b, c, d, đ, e, g, h, and i, Clause 1, Article 28 of the Law on Handling Administrative Violations and Clauses 2, 3, 4, and 5, Article 4 of this Decree."

8. Amend and supplement Article 33 as follows:

"Article 33. Authority to issue administrative violation records

When performing official duties, the following persons have the authority to issue administrative violation records for acts of violation stipulated in this Decree, including:

1. Those who have the authority to impose administrative penalties as prescribed in Articles 28, 29, 30, 31, 31a, 31b, and Article 32 of this Decree, issue records for acts of administrative violation within their scope of management.

2. Coast Guard soldiers, Border Guard soldiers, issue records for acts of administrative violation stipulated in this Decree.

3. Inspectors of the Ministry of Transport's Inspectorate, specialized maritime inspectors, persons assigned to perform specialized maritime inspection tasks, civil servants, and staff of the Maritime Port Inspection Office, issue records for acts of administrative violation stipulated in Articles 16, 17, 18, 19, 20, 21, 22, 23, 24, and Article 25 of this Decree.

4. Fisheries Inspectors, those who have the authority to impose administrative penalties of the Fisheries Force as prescribed in Article 32 of this Decree, issue records for acts of administrative violation stipulated in Articles 10, 11, and Clause 1, Article 12 of this Decree.

5. Team Leaders of Customs Sub-Departments, Team Leaders of Post-Clearance Inspection Sub-Departments, issue records for acts of administrative violation stipulated in Clause 4, Article 5 and Article 15 of this Decree.

6. Market Surveillance Officers, issue records for acts of administrative violation stipulated in Article 15 of this Decree."

Article 2. Effective Date

This Decree takes effect from May 1, 2017.

Article 3. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and municipal people's committees directly under the central government shall be responsible for enforcing this Decree./.