Circular No. 239/2000/TT-BGTVT guiding the implementation of Government Decree No. 92/1999/NĐ-CP dated September 4, 1999 on administrative penalties for violations in the maritime sector.

CIRCULAR

Guidelines for Implementing Decree No. 92/1999/NĐ-CP dated September 4, 1999 of the Government on Administrative Sanctions for Violations in the Maritime Sector

Pursuant to Article 40 of Decree No. 92/1999/NĐ-CP dated September 4, 1999 of the Government on Administrative Sanctions for Violations in the Maritime Sector (hereinafter referred to as the Decree), the Ministry of Transport provides detailed guidance on the implementation of certain provisions of this Decree as follows:

1. Vessels mentioned in the Decree shall be understood as sea vessels, river vessels, and all other types of watercraft of Vietnam and foreign vessels operating in Vietnamese seaports or maritime areas in Vietnam.

2. The time period specified in point d, Clause 2, Article 7 of the Decree refers to the time period stipulated in Article 13 of the Rules for Loading, Unloading, and Cargo Storage at Vietnamese Seaports issued together with Decision No. 2106/QĐ-GTVT dated August 23, 1997 of the Minister of Transport.

3. Ports or waters not yet announced for vessel entry and anchorage as provided in Clause 3, Article 7 of the Decree shall be understood as ports or waters that have not been officially permitted by the competent authority through a written announcement.

4. The final port clearance permit stipulated in point a, Clause 5, Article 13 of the Decree shall be understood as the final port clearance permit issued by the competent authority. For Vietnamese commercial ports, the competent authority is the Marine Port Control Office and the Inland Waterway Port Control Office.

5. Necessary warning signs or instructions at places prone to fire or explosion as provided in point b, Clause 2, Article 15 of the Decree shall be understood according to relevant Vietnamese regulations currently in force and the International Convention on Safety of Life at Sea 1974 and its amendments and supplements that are effective for Vietnam.

6. Firefighting system diagrams, firefighting duty rosters, and operation instruction boards on board as provided in point c, Clause 2, Article 15 of the Decree shall be understood according to relevant Vietnamese regulations currently in force and the International Convention on Safety of Life at Sea 1974 and its amendments and supplements that are effective for Vietnam.

7. Firefighting equipment as stipulated by Vietnamese law in point a, Clause 3, Article 15 of the Decree shall be understood as the quantity and quality of firefighting equipment and facilities suitable for the Safety Equipment Certificate and the list of equipment on board according to Vietnamese regulations and the International Convention on Safety of Life at Sea 1974 and its amendments and supplements that are effective for Vietnam, issued by the authorized inspection agency.

8. Regulations on oil filtering equipment and bilge water cleaning equipment as stipulated by Vietnamese law and related international conventions to which Vietnam is a party in point a, Clause 2, Article 16 of the Decree shall be understood according to Vietnamese regulations and the International Convention for the Prevention of Pollution from Ships 1973 and its amendments and supplements that are effective for Vietnam.

9. The number of passengers as stipulated in point d, Clause 1, Article 17 of the Decree shall be understood as the number recorded in the Passenger Carrying Certificate or the Safety Certificate of the passenger ship and the list of equipment on board.

10. The number of crew members as stipulated in point c, Clause 2, Article 17 of the Decree shall be understood as the number of crew members assigned to positions on board not less than the minimum safe manning number recorded in the Minimum Safe Manning Certificate and not exceeding the number of crew members recorded in the Safety Equipment Certificate of the ship. The number of crew members assigned to positions on board shall be recorded in the Crew List of the ship.

11. Overloading as stipulated in point c, Clause 3, Article 17 of the Decree shall be understood as when the actual draft exceeds the permissible loading draft of the vessel.

12. Violation of search and rescue regulations as provided in Clause 1, Article 23 of the Decree shall be understood as administrative violations against the provisions of Article 48 of the Vietnam Maritime Code; Articles 37, 38, and 39 of the "Regulations on Management of Maritime Activities at Seaports and Maritime Areas in Vietnam" promulgated by Decree No. 13/CP dated February 25, 1994 and subsequent amendments; and relevant provisions in Article 15 of the "Regulations on Responsibilities of Seafarers Working on Vietnamese Vessels" promulgated by Decision No. 174/QĐ-PCVT dated February 5, 1994 of the Ministry of Transport.

13. Violation of salvage activities regulations as provided in Article 24 of the Decree shall be understood as administrative violations against the provisions of Chapter XII "Salvage of Sunken Property" of the Vietnam Maritime Code, the provisions of Decree No. 39/1998/NĐ-CP dated June 10, 1998 of the Government on Handling Sunken Property at Sea, and relevant provisions in the "Regulations on Management of Maritime Activities at Seaports and Maritime Areas in Vietnam" promulgated by Decree No. 13/CP dated February 25, 1994.

14. Providing inaccurate information in "Maritime Notices" and improperly installing maritime signals as stipulated in points a and b, Clause 1, Article 25 of the Decree shall be understood as violations of the "Vietnamese Regulations on Maritime Signals" promulgated by Decision No. 49/QĐ-VT dated January 9, 1993 of the Ministry of Transport.

15. In cases where administrative violations in the maritime sector are handled with fines exceeding the jurisdiction stipulated in Article 27 of the Decree, the handling agency must prepare a file and transfer it to the competent authority for punishment as follows:

a. Maritime safety inspectors prepare the file and transfer it to the Head of the Regional Maritime Safety Inspectorate for punishment as stipulated in Clause 2, Article 27 of the Decree for administrative violations with fines over VND 200,000;

b. Directors of Marine Port Control Offices and Heads of Regional Maritime Safety Inspectorates prepare the file and transfer it to the Head of the Central Maritime Safety Inspectorate for punishment as stipulated in Clause 4, Article 27 of the Decree for administrative violations with fines over VND 10,000,000;

b. The Director of the Maritime Port Office and the Head of the Regional Maritime Safety Inspectorate shall prepare the file and transfer it to the Head of the Central Maritime Safety Inspectorate for punishment in accordance with Clause 4, Article 27 of the Decree for administrative violations with fines exceeding 10,000,000 VND.

c. In cases where administrative violations involve fines exceeding 20,000,000 VND, the Director of the Maritime Port Office and the Head of the Maritime Safety Inspectorate Region shall prepare the file and transfer it to the Chairman of the People's Committee of the province or centrally governed city where the administrative violation occurred for punishment in accordance with Article 30 of the Decree; At the same time, they must report to the Head of the Central Maritime Safety Inspectorate.

16. In cases where the heads of positions as stipulated in Articles 27, 28, 29, and 30 of the Decree are absent or have delegated their authority, the deputies of these positions shall have the authority to impose penalties as the heads.

17. Appeals against decisions on administrative penalties in the maritime sector mentioned in Clause 1, Article 37 of the Decree are regulated as follows:

a. For appeals related to decisions made by the Director of the Maritime Port Office, the appellant may appeal to the immediate superior of the Director of the Maritime Port Office, which is the Director General of the Vietnam Maritime Administration.

b. For appeals related to decisions made by the Maritime Safety Inspectorate, the appellant shall follow the provisions set out in Articles 17, 18, and 19 of the Regulation on the Organization and Operation of the Vietnam Maritime Safety Inspectorate issued together with Decision No. 204/TTg dated December 28, 1992 of the Prime Minister.

c. If the appellant still disagrees with the decision of the Director General of the Vietnam Maritime Administration, they may appeal to the superior agency of the Vietnam Maritime Administration, which is the Minister of Transport. The decision of the Minister of Transport is final.

18. The Administrative Violation Penalty Decision Records in the maritime sector shall be used according to models from number 1 to number 9 attached as an appendix to this Circular.

19. The Director General of the Vietnam Maritime Administration is responsible for:

a. Implementing the Decree and guiding Circulars;

b. Directing the Directors of the Maritime Port Offices, Heads of the Maritime Safety Inspectorates, heads of central and local agencies, and individuals involved in administrative penalties in the maritime sector to comply with the regulations of the Decree and guiding Circulars.

This Circular takes effect fifteen days from the date of signature and abolishes previous guidelines that conflict with this Circular.

During implementation, if there are difficulties, the Vietnam Maritime Administration and relevant organizations and individuals should promptly reflect them to the Ministry of Transport for consideration, supplementation, and resolution./.