Decree No. 31/2010/ND-CP on administrative sanctions for violations in the fisheries sector 31/2010/NĐ-CP

✦ Smart summary

Decree No. 31/2010/ND-CP stipulates administrative sanctions for violations in the fisheries sector applicable to organizations and individuals both within and outside Vietnam. It specifies forms of punishment such as warning, fines, confiscation of evidence, revocation of license usage rights, and measures to mitigate consequences. The statute of limitations for punishment ranges from 1 to 2 years depending on the case.

Scope of application

Organizations and individuals within Vietnam and foreign organizations and individuals who commit administrative violations in the fisheries sector in Vietnam.

Key points

Violations of regulations concerning the protection of fishery resources, fishing, aquaculture, collection, preliminary processing, transportation, and trade of aquatic products shall be subject to fines ranging from VND 500,000 to VND 40,000,000.
Violations of regulations concerning the management of fishing vessels shall be subject to fines ranging from VND 200,000 to VND 8,000,000, and revocation of fishing exploitation permit usage rights for six months to one year.
Violations of regulations concerning the processing and trading of aquatic products shall be subject to fines ranging from VND 5,000,000 to VND 20,000,000, and revocation of food safety certification.
Obstructing state management activities in the fisheries sector shall be subject to fines ranging from VND 500,000 to VND 7,000,000.
Authority to impose administrative sanctions is delegated to specialized inspection agencies and People's Committees at various levels.

🌐 Social impact of this document

Creating deterrence and preventing violations of laws in the fisheries sector.
Reducing fishery resources due to violations of regulations protecting the living environment of aquatic species.
Imposing severe penalties on illegal fishing activities to protect sustainable fishery resources.
Increasing costs for violators but also strengthening state management.

❓ Frequently asked questions

What is the fine for violating regulations protecting the living environment of aquatic species?

A fine ranging from VND 5,000,000 to VND 10,000,000.

How are violations of illegal fishing punished?

Fines ranging from VND 1,000,000 to VND 20,000,000, depending on the severity of the violation.

Can warnings be applied when imposing administrative sanctions in the fisheries sector?

Yes, warning is one form of punishment that can be applied.

What is the statute of limitations for administrative sanctions in the fisheries sector?

One year for ordinary violations and two years for violations related to the living environment of aquatic species.

What are the forms of mitigating consequences when being administratively sanctioned in the fisheries sector?

Including restoration to the original condition, destruction of aquatic products and harmful chemicals.

Full text

DECREE

Regulations on Administrative Sanctions for Violations in the Fisheries Sector

_________________

THE GOVERNMENT

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

Based on the Fisheries Law dated November 26, 2003;

Based on the Ordinance on Handling Administrative Violations dated July 2, 2002; Ordinance No. 04/2008/UBTVQH12 dated April 2, 2008 amending and supplementing certain articles of the Ordinance on Handling Administrative Violations;

Considering the proposal of the Minister of Agriculture and Rural Development,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates regulations on administrative sanctions for violations in the fisheries sector.

2. Administrative violations in the fisheries sector are acts committed intentionally or negligently by organizations or individuals that violate state management regulations in the fisheries sector, which are not criminal offenses and must be subject to administrative sanctions according to this Decree.

3. Administrative violations in the fisheries sector include:

a) Violations of regulations on protecting fishery resources;

b) Violations of regulations on fishing and managing fishing vessels;

c) Violations of regulations on aquaculture; using marine waters for aquaculture;

d) Violations of regulations on collecting, processing, preserving, transporting, processing, and trading in aquatic products;

đ) Violations of regulations on fishery service industries;

e) Obstructing state management activities in the fisheries sector.

4. The imposition of sanctions for acts infringing upon Vietnam's maritime zones to engage in fisheries activities shall be carried out pursuant to the Government Decree on administrative sanctions in the maritime zones and continental shelf of the Socialist Republic of Vietnam.

5. The imposition of sanctions for violations of regulations on preventing and controlling fish diseases; quarantine of aquatic products; production, trade, import and export of veterinary drugs, biological preparations, microorganisms, chemicals used in fisheries activities; practicing veterinary services in the fisheries sector shall be carried out pursuant to the Government Decree on administrative sanctions in the veterinary sector.

6. The imposition of sanctions for violations of food safety regulations in the fisheries sector not covered by this Decree shall be carried out pursuant to the Government Decree on administrative sanctions in the health sector.

7. The imposition of sanctions for violations of administrative regulations in the sector of aquatic plant seeds shall be carried out pursuant to the Government Decree on administrative sanctions in the seed sector.

8. The imposition of sanctions for violations of technical standards and quality regulations; product quality; labeling of aquatic products not covered by this Decree shall be carried out pursuant to the Government Decree on administrative sanctions in the standardization, measurement, and product quality sector.

9. The imposition of sanctions for violations of regulations on inland waterway traffic and maritime transport shall be carried out pursuant to the Government Decree on administrative sanctions in the inland waterway traffic and maritime transport sector.

10. The imposition of sanctions for violations of environmental protection regulations in the fisheries sector, if not covered by this Decree, shall be carried out pursuant to the Government Decree on administrative sanctions in the environmental protection sector.

Article 2. Applicability

1. This Decree applies to organizations and individuals within the country and foreign organizations and individuals who commit administrative violations in the fisheries sector in Vietnam and are subject to sanctions under the provisions of this Decree, except where international treaties to which Vietnam is a party provide otherwise, in which case such treaties shall prevail.

2. Minors committing administrative violations in the fisheries sector shall be subject to sanctions in accordance with Article 7 of the Ordinance on Handling Administrative Violations in 2002.

Article 3. Principles for Handling Administrative Violations

The principles for handling administrative violations in the fisheries sector shall be applied according to Article 3 of the Administrative Violation Handling Ordinance 2002 and Article 3 of Decree No. 128/2008/NĐ-CP dated December 16, 2008 of the Government detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance 2002 and the Ordinance amending and supplementing certain provisions of the Administrative Violation Handling Ordinance 2008.

Article 4. Mitigating and Aggravating Circumstances

Mitigating circumstances and aggravating circumstances applicable in imposing administrative penalties on violations stipulated in Chapter II of this Decree shall be implemented according to the provisions of Article 8 and Article 9 of the Administrative Violation Handling Ordinance 2002 and Article 6 of Decree No. 128/2008/NĐ-CP dated December 16, 2008 of the Government detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance 2002 and the Ordinance amending and supplementing certain provisions of the Administrative Violation Handling Ordinance 2008.

Article 5. Statute of Limitations for Administrative Sanctions

1. The statute of limitations for handling administrative violations in the fisheries sector is one year, counted from the date the administrative violation occurs. For administrative violations in the fisheries sector related to protecting the living environment of aquatic species and the import and export of aquatic products, the statute of limitations for imposing penalties is two years, counted from the date the administrative violation occurs. If the administrative violation is discovered beyond the aforementioned statute of limitations, it will not be penalized but still subject to measures to remedy consequences as prescribed in this Decree.

2. The method of calculating the statute of limitations in handling administrative violations shall be carried out according to the provisions of Article 9 of Decree No. 128/2008/NĐ-CP dated December 16, 2008 of the Government detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance 2002 and the Ordinance amending and supplementing certain provisions of the Administrative Violation Handling Ordinance 2008.

Article 6. Period considered as not having been administratively punished

Organizations and individuals who have been administratively penalized in the fisheries sector, if they do not reoffend within one year from the date of completion of the execution of the penalty decision or from the expiration date of the enforcement of the penalty decision, shall be considered as not having been administratively penalized.

Article 7. Forms of administrative penalties and measures to remedy consequences

1. For each administrative violation in the fisheries sector, organizations and individuals committing the violation must bear one of the following main forms of administrative penalty:

a) Warning;

b) Fine.

2. In addition to the main form of administrative penalty, depending on the nature and severity of the violation, organizations and individuals committing administrative violations in the fisheries sector may also be subject to one or more supplementary forms of administrative penalty as follows:

a) Revocation of the right to use various types of licenses and certificates of practice with a term or without a term;

b) Confiscation of objects and means used to commit administrative violations.

3. In addition to the main forms of administrative penalty and supplementary administrative penalties prescribed in Clause 1 and Clause 2 of this Article, organizations and individuals committing administrative violations may also be subject to one or more remedial measures as follows:

a) Compelling restoration to the original state prior to the change caused by the administrative violation or compelling demolition of unauthorized construction works;

b) Compelling the implementation of measures to restore the living environment of aquatic species polluted by the administrative violation;

c) Compelling the removal of aquatic products, fishing vessels out of the territory of Vietnam or compelling their re-export;

d) Compelling the destruction of aquatic products caught using toxic chemicals, plants containing toxins; aquatic products that do not meet food safety standards; aquatic products harmful to human health; genetically modified aquatic species not permitted for import; feed for aquaculture containing prohibited components, not meeting quality requirements, expired, banned from use, or not included in the list of products allowed to circulate in Vietnam; fishing gear and tools for catching aquatic species prohibited from use; fake documents, altered or tampered documents; aquatic species breeds not listed in the list of permitted production and business breeds; chemicals and preservatives prohibited for preserving aquatic products; aquatic products without origin certification as required; fishing gear and equipment for catching aquatic species not meeting the quality standards set by law; survival equipment for aquaculture activities expired;

đ) Compelling the recall of aquatic products and goods that do not meet the quality standards as announced;

e) Other remedial measures specified in detail in Chapter II of this Decree.

Individuals and organizations committing administrative violations must bear all costs as prescribed by law for implementing the above-mentioned remedial measures.

Chapter II

ADMINISTRATIVE VIOLATIONS, FORMS AND AMOUNTS OF FINES

Section 1

A fine of between 2,000

Article 8. Violations concerning the protection of aquatic species' living environment

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

a) Demolishing or constructing floating or submerged structures in water areas that alter the habitats, growth, or reproduction of aquatic species without a permit from the competent authority or not in accordance with the provisions stated in the permit;

b) Illegally exploiting or destroying coral reefs, coral beds, submerged vegetation, mangrove forests, and other ecosystems, except for anchoring fishing vessels in cases of force majeure;

c) Illegally storing, transporting, or trading in coral;

d) Illegally destroying or obstructing the natural migration routes of aquatic species.

2. Additional forms of punishment:

a) Confiscation of contraband items and means of violation (excluding fishing vessels and maritime safety equipment) for the acts stipulated in Clause 1 of this Article;

b) Revocation of the fishing exploitation permit for six months for the acts stipulated in Point a of Clause 1 of this Article.

3. Measures to remedy consequences:

Obligation to restore the original condition for the acts stipulated in Point a of Clause 1 of this Article.

Article 9. Violations concerning the protection of aquatic species

1. The fine amount for the act of fishing if the quantity of aquatic species smaller than the permitted size exceeds the allowable catch limit as follows:

a) A fine of VND 1,000,000 to VND 1,500,000 if the excess quantity is less than 100kg;

b) A fine of VND 1,500,000 to VND 3,000,000 if the excess quantity is from 100kg to less than 500kg;

c) A fine of VND 3,000,000 to VND 5,000,000 if the excess quantity is from 500kg to less than 1,000kg;

d) A fine of VND 5,000,000 to VND 10,000,000 if the excess quantity is over 1,000kg;

2. The fine amount for the act of fishing in prohibited areas or during prohibited periods as follows:

a) A fine of VND 500,000 to VND 1,000,000 if the quantity of aquatic species is under 10kg;

b) A fine of VND 1,000,000 to VND 3,000,000 if the quantity of aquatic species is from 10kg to less than 100kg or the quantity is under 10kg but repeated from the second offense onwards;

c) A fine of VND 3,000,000 to VND 5,000,000 if the quantity of aquatic species is from 100kg to less than 500kg;

d) A fine of VND 5,000,000 to VND 10,000,000 if the quantity of aquatic species is from 500kg to less than 1,000kg;

đ) A fine of VND 10,000,000 to VND 20,000,000 if the quantity of aquatic species is over 1,000kg.

3. The fine amount for the act of fishing species listed in the prohibited fishing list as follows:

a) A fine of VND 1,000,000 to VND 3,000,000 if the quantity of aquatic species is under 20kg;

b) A fine of VND 5,000,000 to VND 10,000,000 if the quantity of aquatic species is from 20kg to less than 50kg;

c) A fine of VND 10,000,000 to VND 15,000,000 if the quantity of aquatic species is from 50kg to less than 100kg;

d) A fine of VND 15,000,000 to VND 20,000,000 if the quantity of aquatic species is from 100kg to less than 300kg;

đ) A fine of VND 20,000,000 to VND 30,000,000 if the quantity of aquatic species is from 300kg to less than 500kg;

e) A fine of VND 30,000,000 to VND 40,000,000 if the quantity of aquatic species is over 500kg.

4. Additional forms of administrative punishment:

a) Confiscation of the illegally caught aquatic species for the acts stipulated in Clause 1, Clause 2, and Clause 3 of this Article;

b) Confiscation of contraband items and means of violation (excluding fishing vessels and maritime safety equipment) and revocation of the fishing exploitation permit for six months for the acts stipulated in Clause 2 and Clause 3 of this Article.

5. Measures to remedy consequences:

Obligation to release live aquatic species back into their natural habitat for the acts stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

Article 10. Violation of regulations on the management of alien aquatic species

1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for the act of releasing harmful alien aquatic species into natural water bodies.

2. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of releasing harmful alien aquatic species into marine protected areas or inland water body conservation zones.

3. Additional forms of punishment and measures to remedy consequences:

The contraband shall be confiscated and the violator shall be compelled to comply with the legal provisions on the management of alien aquatic species as stipulated in Clause 1 and Clause 2 of this Article.

Article 11. Violation of regulations on the management of rare aquatic species at risk of extinction that require protection, conservation, and development in accordance with the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and those listed in the Red Book.

1. A fine of from VND 20,000,000 to VND 25,000,000 shall be imposed if there is any of the acts of exploiting, buying, collecting, processing, or preparing rare species at risk of extinction outside their natural habitat.

2. Additional forms of punishment:

a) Confiscate the illegally harvested aquatic products for the acts stipulated in Clause 1 of this Article;

b) Confiscate the contraband, the means of violation (except fishing vessels and safety equipment), and revoke the right to use the fishing permit for six months for the acts stipulated in Clause 1 of this Article;

c) Confiscate the contraband and fishing vessels and revoke the right to use the fishing permit or the certificate of competence for repeat offenders of the acts stipulated in Clause 1 of this Article.

3. Measures to remedy consequences:

Compel the release of live aquatic products back into their natural habitats for the acts stipulated in Clause 1 of this Article.

Section 2

VIOLATION OF REGULATIONS ON THE EXPLOITATION OF AQUATIC RESOURCES AND MANAGEMENT OF FISHING VESSELS

Article 12. Violation of regulations on the exploitation of aquatic resources

1. A fine of from VND 300,000 to VND 500,000 shall be imposed for any of the following acts:

a) Not having a logbook for recording fishing activities, not recording fishing activities, or not complying with the reporting system for fishing activities as prescribed by the Ministry of Agriculture and Rural Development;

b) Not marking fishing gear being used at fishing grounds as prescribed by the Ministry of Agriculture and Rural Development.

2. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for any of the following acts:

a) Using lighting equipment to fish where the total power of the lights exceeds the prescribed limit or the distance between clusters of lights and other fishing gear does not comply with the regulations of the Ministry of Agriculture and Rural Development;

b) Using nets with mesh sizes smaller than the prescribed size of the Ministry of Agriculture and Rural Development to fish;

c) Dumping fishing gear into natural waters except in cases of force majeure;

d) Using portable electric devices to fish in natural waters.

3. The penalty for using an expired fishing permit in fishing activities is as follows:

a) Warning for the case where the fishing permit has expired but not more than thirty days;

b) A fine of from VND 500,000 to VND 1,000,000 shall be imposed for the case where the expired fishing permit has been used for more than thirty days if the fishing vessel has a designed waterline length under fifteen meters without a motor or with a main engine power under twenty horsepower;

c) A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for the case where the expired fishing permit has been used for more than thirty days if the fishing vessel has a designed waterline length of fifteen meters or more without a motor or with a main engine power from twenty horsepower up to less than ninety horsepower;

d) A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed for the case where the expired fishing permit has been used for more than thirty days if the fishing vessel with a motor has a main engine power from ninety to less than two hundred fifty horsepower;

đ) A fine of from VND 4,000,000 to VND 6,000,000 shall be imposed for the case where the expired fishing permit has been used for more than thirty days if the fishing vessel with a motor has a main engine power of two hundred fifty horsepower or more.

4. The penalty for operating contrary to the contents recorded in the fishing permit regarding the type of fishing, fishing area, and fishing route is as follows:

a) A fine of from VND 300,000 to VND 500,000 shall be imposed for the case where the fishing vessel has a designed waterline length under fifteen meters without a motor or with a main engine power under twenty horsepower;

b) A fine of from VND 500,000 to VND 1,500,000 shall be imposed for the case where the fishing vessel has a designed waterline length of fifteen meters or more without a motor or with a main engine power from twenty horsepower up to less than ninety horsepower;

c) A fine of from VND 1,500,000 to VND 3,000,000 shall be imposed for the case where the fishing vessel with a motor has a main engine power from ninety to less than two hundred fifty horsepower;

d) A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for the case where the fishing vessel with a motor has a main engine power of two hundred fifty horsepower or more;

đ) For trawlers (scrapers) operating contrary to the fishing area and route recorded in the fishing permit, the fine shall be twice the maximum fine of the penalty range prescribed in Point a, b, c, d of Clause 4 of this Article corresponding to the total main engine power of the violating fishing vessel.

5. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed for any of the following acts:

a) Using or storing prohibited chemicals or toxic plants on fishing vessels to fish;

b) Using fishing tools banned by the Ministry of Agriculture and Rural Development or the People's Committee of the province, except when authorized by competent state management agencies to harvest cultivated aquatic products.

6. The penalty for storing, using, or directly using electricity from generators on fishing vessels to fish is as follows:

a) A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed for the case where the fishing vessel has a main engine power under twenty horsepower or a non-motorized fishing vessel with a designed waterline length under fifteen meters;

b) A fine of from VND 4,000,000 to VND 6,000,000 shall be imposed for the case where the fishing vessel has a designed waterline length of fifteen meters or more without a motor or with a main engine power from twenty horsepower up to less than ninety horsepower;

c) A fine of from VND 6,000,000 to VND 12,000,000 for using fishing vessels with installed engines having a total main engine power of from 90 to less than 250 horsepower;

d) A fine of from VND 12,000,000 to VND 20,000,000 for using fishing vessels with installed engines having a total main engine power of 250 horsepower or more;

7. The level of fines for the act of using explosives to exploit aquatic resources; the act of illegally storing explosives, detonators, and slow-burning fuses on fishing vessels shall be as follows:

a) A fine of from VND 5,000,000 to VND 10,000,000 for the act of illegally storing explosives, detonators, and slow-burning fuses on fishing vessels;

b) A fine of from VND 10,000,000 to VND 20,000,000 for the act of using explosives to exploit aquatic resources;

8. The level of fines for the act of exploiting aquatic resources using fishing vessels that must have an exploitation permit (with a carrying capacity of 0.5 tons or more) without such an exploitation permit shall be as follows:

a) A fine of from VND 500,000 to VND 1,500,000 for using fishing vessels with a designed waterline length under 15 meters that are not equipped with engines or are equipped with engines but have a total main engine power under 20 horsepower;

b) A fine of from VND 2,000,000 to VND 5,000,000 for using fishing vessels with a designed waterline length of 15 meters or more that are not equipped with engines or are equipped with engines but have a total main engine power from 20 horsepower or more to less than 90 horsepower;

c) A fine of from VND 5,000,000 to VND 8,000,000 for using fishing vessels with installed engines having a total main engine power of from 90 to less than 250 horsepower;

d) A fine of from VND 8,000,000 to VND 10,000,000 for using fishing vessels with installed engines having a total main engine power of 250 horsepower or more;

9. The level of fines for the act of using falsified, erased, or altered fishing exploitation permits shall be as follows:

a) A fine of from VND 1,000,000 to VND 3,000,000 for using fishing vessels with a designed waterline length under 15 meters that are not equipped with engines or are equipped with engines but have a total main engine power under 20 horsepower;

b) A fine of from VND 3,000,000 to VND 6,000,000 for using fishing vessels with a designed waterline length of 15 meters or more that are not equipped with engines or are equipped with engines but have a total main engine power from 20 horsepower or more to less than 90 horsepower;

c) A fine of from VND 6,000,000 to VND 10,000,000 for using fishing vessels with installed engines having a total main engine power of from 90 to less than 250 horsepower;

d) A fine of from VND 10,000,000 to VND 15,000,000 for using fishing vessels with installed engines having a total main engine power of 250 horsepower or more;

10. Additional forms of punishment:

a) Confiscate the corresponding number of lamps exceeding the specified power for the act stipulated in point a, Clause 2 of this Article;

b) Confiscate the net parts with mesh sizes smaller than the prescribed size for the act stipulated in point b, Clause 2 of this Article;

c) Confiscate fishing gear and prohibited exploitation tools for the acts stipulated in points c and d, Clause 2; point b, Clause 5 and Clause 6 of this Article;

Confiscate fishing vessels in cases where toxic substances or explosives are used to exploit aquatic resources as stipulated in point a, Clause 5 and point b, Clause 7 of this Article;

Confiscate fishing vessels in cases of repeated use of electric shock devices or direct use of electricity from generators on fishing vessels to exploit aquatic resources as stipulated in Clause 6 of this Article;

d) Confiscate falsified permits, erased or altered permits for the acts stipulated in Clause 9 of this Article;

đ) Confiscate stored explosives, detonators, and slow-burning fuses on fishing vessels for violations stipulated in point a, Clause 7 of this Article;

e) Confiscate exploited aquatic resources for the acts stipulated in point d, Clause 2; Clause 6; point b, Clause 7 of this Article;

g) Suspend the right to use fishing exploitation permits for six to twelve months for the acts stipulated in point đ, Clause 4; Clauses 5, 6, 7, and 9 of this Article;

11. Remedial measures:

a) Order the destruction of exploited aquatic resources and toxic chemicals, poisonous plants for the act stipulated in point a, Clause 5 of this Article;

b) Order the destruction of prohibited fishing gear and exploitation tools for the acts stipulated in point d, Clause 2; point b, Clauses 5, 6, and 7 of this Article;

c) Order the destruction of falsified permits, erased or altered permits for the acts stipulated in Clause 9 of this Article.

Article 13. Violation of regulations on fishing vessel management

1. A fine of from VND 200,000 to VND 500,000 shall be imposed for any of the following acts:

a) Crew members and workers on fishing vessels not carrying their crew member books or other required identification documents as prescribed by law;

b) Not writing the registration number of the fishing vessel that has been issued or writing the registration number on the fishing vessel not in accordance with the prescribed regulations or making the registration number unclear;

c) Not having a crew member logbook for types of vessels required to have such a logbook under the law;

d) Not carrying the original or certified copy of the technical safety certificate of the fishing vessel, the registration certificate of the fishing vessel (or confirmation of registration of the fishing vessel) when the fishing vessel is in operation.

2. A fine of from VND 200,000 to VND 500,000 shall be imposed for any of the following acts:

a) Using life-saving equipment that has not been inspected and approved by the competent authority;

b) Fishing vessels unloading aquatic products at unauthorized wharfs or ports as prescribed by the provincial People's Committee.

3. A fine of from VND 700,000 to VND 1,000,000 shall be imposed for any of the following acts:

a) Not marking the fishing vessel appropriately according to the permitted sea route as prescribed by law;

b) The captain or engineer of the fishing vessel not holding the required certificates as prescribed by the Ministry of Agriculture and Rural Development;

c) Not equipping or equipping inadequately the necessary safety equipment for personnel and vessels as prescribed by law.

4. The penalty for using a fishing vessel whose technical safety certificate has expired shall be as follows:

a) A fine of VND 500,000 shall be imposed for the case of using a fishing vessel with a designed waterline length under 15 meters without an engine or with an engine but with a total main engine power under 20 horsepower;

b) A fine of from VND 500,000 to VND 1,000,000 shall be imposed for the case of using a fishing vessel with a designed waterline length of 15 meters or more without an engine or a fishing vessel with an engine with a total power from 20 horsepower up to under 90 horsepower;

c) A fine of from VND 3,000,000 to VND 6,000,000 shall be imposed for the case of using a fishing vessel with an engine with a total main engine power from 90 to under 250 horsepower;

d) A fine of from VND 6,000,000 to VND 10,000,000 shall be imposed for the case of using a fishing vessel with an engine with a total main engine power of 250 horsepower or more.

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

a) Not registering and inspecting again the fishing vessel that must be re-inspected after modification or replacement of the main engine;

b) The owner of a distant-water fishing vessel not purchasing insurance for each crew member working on the fishing vessel;

c) Not registering and inspecting floating fish traps or aquaculture rafts as prescribed by the Ministry of Agriculture and Rural Development.

6. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed for any of the following acts:

a) Using a fishing vessel that has not been registered or inspected as prescribed by law to operate in fisheries;

b) Using forged certificates of competency for masters or engineers of fishing vessels to operate fishing vessels;

c) Using falsified or tampered registration or inspection documents of fishing vessels.

7. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on the owner of a fishing vessel when constructing or modifying a fishing vessel for types of vessels required to be inspected if they commit any of the following acts:

a) Not obtaining approval from the competent authority for new construction or modification of the fishing vessel;

b) Not having design documents consistent with the requirements approved by the competent authority or constructing a fishing vessel different from the approved new construction plan;

c) Not mooring the fishing vessel at the designated location or not complying with the instructions for mooring the fishing vessel given by the competent authority in cases of typhoon avoidance.

8. A fine of VND 40,000,000 shall be imposed for importing fishing vessels without permission from the competent authority.

9. Additional forms of punishment:

Seizure of counterfeit documents and tampered documents for violations specified in points b and c of Clause 6 of this Article.

10. Measures to address consequences:

a) Order the destruction of counterfeit documents and tampered documents for violations specified in points b and c of Clause 6 of this Article;

b) Order the re-export of the fishing vessel in the case where the imported fishing vessel does not meet the maritime technical safety requirements prescribed by Vietnamese law for the violation specified in Clause 8 of this Article.

Section 3

VIOLATIONS OF REGULATIONS ON AQUACULTURE

Article 14. Violations of regulations in the field of aquatic animal breeding stock

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on production and business establishments that violate any of the following acts:

a) Failing to ensure conditions for producing and trading aquatic animal breeding stock as prescribed by law;

b) Using types of feed for producing and trading aquatic animal breeding stock that have exceeded their shelf life.

2. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed on the act of using types of feed for producing and trading aquatic animal breeding stock not listed in the permitted production and trading directory in Vietnam.

3. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed on the act of using feed containing chemicals or antibiotics prohibited from use and circulation in Vietnam as prescribed by the Ministry of Agriculture and Rural Development or of unknown origin for producing and trading aquatic animal breeding stock.

4. A fine of VND 15,000,000 to VND 25,000,000 shall be imposed on the act of constructing an aquatic animal breeding stock production facility without following the plan or without permission from the competent authority.

5. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on the act of producing, trading, transporting aquatic animal breeding stock, or releasing aquatic species not listed in the permitted breeding stock production and trading directory into the natural environment.

6. Additional forms of punishment:

Seizure of aquatic animals for the act stipulated in Clause 5 of this Article.

7. Measures to remedy consequences:

a) Order the destruction of types of feed for producing and trading aquatic animal breeding stock that have exceeded their shelf life or are prohibited as stipulated in Point b Clause 1 and Clause 3 of this Article;

b) Order the production facility to comply with the legal provisions on testing new breeding stock; order the release of rare aquatic species back into their natural habitat, and order the destruction of harmful alien organisms for the act stipulated in Clause 5 of this Article;

c) Order the dismantling of the breeding stock production facility for the act of constructing an aquatic animal breeding stock production facility without following the plan as stipulated in Clause 4 of this Article; order compliance with the legal provisions on construction permit issuance for the act of constructing a breeding stock production facility without permission from the competent authority as stipulated in Clause 4 of this Article.

Article 15. Violations of regulations on aquaculture

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on aquaculture establishments that commit any of the following acts:

a) Failing to ensure aquaculture conditions as prescribed by law;

b) Using types of aquaculture feed containing substances listed in the restricted use directory without following the provisions of the Ministry of Agriculture and Rural Development;

c) Using types of aquaculture feed that have exceeded their shelf life;

d) Failing to comply with the Ministry of Agriculture and Rural Development's regulations on controlling residues of harmful substances in farmed aquatic animals and products.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on any of the following acts:

a) Using types of aquaculture feed not listed in the permitted circulation directory in Vietnam or containing substances prohibited from use as prescribed by the Ministry of Agriculture and Rural Development;

b) Raising breeding stock or aquatic species in the experimental stage without following the provisions of the Ministry of Agriculture and Rural Development.

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

a) The location of the aquaculture production facility construction does not follow the plan or has not been approved by the competent authority, except for small-scale facilities as prescribed by the Ministry of Agriculture and Rural Development;

b) Raising breeding stock or aquatic species listed in the prohibited aquaculture directory or not listed in the permitted production and trading directory in Vietnam as prescribed by the Ministry of Agriculture and Rural Development.

4. Additional forms of administrative punishment:

Seizure of contraband items for the acts stipulated in Point c Clause 1, Point a Clause 2, and Point b Clause 3 of this Article;

5. Measures to remedy consequences:

a) Order the destruction of aquaculture feed that has exceeded its shelf life, is prohibited from use, or is not listed in the permitted circulation directory in Vietnam for the acts stipulated in Points b and c Clause 1 and Point a Clause 2 of this Article;

b) Order the dismantling of the aquaculture production facility for the act of constructing an aquaculture production facility without following the plan as stipulated in Point a Clause 3 of this Article; order compliance with the legal provisions on construction permit issuance for the act of constructing an aquaculture production facility without permission from the competent authority as stipulated in Point a Clause 3 of this Article.

Article 16. Violations of regulations on allocating sea surface for aquaculture

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed for the act of using sea surface area for aquaculture exceeding the allocated limit.

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

a) Using sea surface for aquaculture without a Certificate of Sea Surface Use for Aquaculture or without permission from the competent authority;

b) Not implementing or not fully implementing the environmental protection plan as committed;

c) Changing the purpose of using sea surface for aquaculture that has been allocated without permission from the competent authority.

3. Measures to remedy consequences:

a) Compel compliance with the provisions of the law for the acts stipulated in Clause 1 and Clause 2 of this Article;

b) Compel relocation of fish farming cages and boundary demarcation facilities (if any) to return the sea surface area used beyond the limit for the act stipulated in Clause 1 of this Article;

c) Compel dismantling of fish farming cages and boundary demarcation facilities (if any) for the act stipulated at point a, Clause 2 of this Article.

Article 17. Violations of regulations on leasing sea surface for aquaculture

1. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for any of the following acts:

a) Not fully implementing the environmental protection plan as prescribed by law;

b) Using sea surface area for aquaculture exceeding the leased limit;

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on any of the following acts:

a) Using sea surface for aquaculture without a Certificate of Sea Surface Use for Aquaculture or without permission from the competent authority;

b) Not implementing or not fully implementing the environmental protection plan as committed;

c) Changing the purpose of using leased sea surface for aquaculture without permission from the competent authority.

3. Measures to remedy consequences:

a) Compel compliance with the provisions of the law for the acts stipulated at point a, Clause 1 and Clause 2 of this Article;

b) Compel relocation of fish farming cages and boundary demarcation facilities (if any) to return the sea surface area used beyond the limit for the act stipulated at point b, Clause 1 of this Article;

c) Compel dismantling of fish farming cages and boundary demarcation facilities (if any) for the act stipulated at point c, Clause 2 of this Article.

Section 4

VIOLATIONS OF REGULATIONS ON PROCESSING, TRADING, COLLECTING, STORING, AND TRANSPORTING AQUATIC PRODUCTS

Article 18. Violations of regulations on ensuring food safety on fishing vessels and aquatic product processing vessels

1. The level of fines for acts failing to ensure the legal provisions on conditions for ensuring food safety on fishing vessels and aquatic product processing vessels is as follows:

a) A fine of VND 500,000 to VND 1,000,000 shall be imposed for fishing vessels with power from 50 horsepower to less than 90 horsepower;

b) A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for fishing vessels with power of 90 horsepower or more;

c) A fine of VND 2,000,000 to VND 4,000,000 shall be imposed for aquatic product processing vessels.

2. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed for the act of not having a certificate of compliance with food safety conditions for fishing vessels or aquatic product processing vessels.

3. The level of fines for the act of using a certificate of compliance with food safety conditions for fishing vessels or aquatic product processing vessels beyond its validity period is as follows:

a) Warning for cases where the certificate of compliance with food safety conditions for fishing vessels or aquatic product processing vessels has expired but not more than 30 days;

b) A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for cases where the certificate of compliance with food safety conditions for fishing vessels or aquatic product processing vessels has expired for 30 days or more.

4. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed for the act of using prohibited chemicals or preservatives on fishing vessels or aquatic product processing vessels to preserve aquatic products.

5. Additional forms of punishment and measures to mitigate consequences:

a) Suspension of the right to use the certificate of compliance with food safety conditions for fishing vessels or aquatic product processing vessels for three to six months for the act stipulated in Clause 1 of this Article;

b) Confiscation and compulsory destruction of aquatic products and chemicals for the act stipulated in Clause 4 of this Article.

Article 19. Violations concerning the collection, preliminary processing, storage, transportation, and trading of aquatic products

1. The fine for establishments that fail to comply with legal provisions on conditions ensuring food safety shall be as follows:

a) A fine of VND 1,000,000 to VND 2,000,000 for aquatic products without a certificate of origin.

b) A fine of VND 4,000,000 to VND 6,000,000 for cases where there is no certificate of establishment meeting hygiene and safety conditions.

2. The fine for using a certificate of establishment meeting hygiene and safety conditions that has expired shall be as follows:

a) Warning for cases where the certificate of establishment meeting hygiene and safety conditions has expired but not more than 30 days.

b) A fine of VND 2,000,000 to VND 4,000,000 for cases where the certificate of establishment meeting hygiene and safety conditions has expired for 30 days or more.

3. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed on one of the following acts:

a) Collecting, preliminary processing, storing, transporting, and trading aquatic species caught during prohibited fishing periods nationwide or caught using explosives, poisons, or electric shocks.

b) Collecting, preliminary processing, storing, transporting, and trading aquatic products from prohibited harvesting areas.

4. A fine of VND 7,000,000 to VND 10,000,000 for the following acts:

a) Collecting, preliminary processing, storing, transporting, and trading aquatic species listed in the prohibited fishing list as prescribed by the Ministry of Agriculture and Rural Development.

b) Collecting, preliminary processing, storing, transporting imported aquatic raw materials without import documents as required and genetically modified aquatic species not permitted for import under the law.

5. Additional forms of punishment:

a) Confiscating aquatic products and compelling the release of live aquatic species back into their natural habitat for violations stipulated in point a, Clause 3 (except for those caught using poison) and point a, Clause 4 of this Article.

b) Confiscating imported aquatic raw materials and genetically modified aquatic species not permitted for import for violations stipulated in point b, Clause 4 of this Article.

6. Measures to remedy consequences:

a) Compelling the destruction of aquatic products for violations stipulated in point a, Clause 3 in cases involving products caught using poison and genetically modified aquatic species not permitted for import as stipulated in point b, Clause 4 of this Article.

b) Compelling the completion of import procedures or re-export of imported aquatic raw materials for violations stipulated in point b, Clause 4 of this Article.

Article 20. Violations concerning the processing of aquatic products

1. A fine of VND 8,000,000 to VND 12,000,000 for processing establishments violating any of the following acts:

a) Establishments lacking a certificate of establishment meeting hygiene and safety conditions.

b) Using aquatic raw materials without a certificate of origin as required.

2. The fine for using a certificate of establishment meeting hygiene and safety conditions that has expired shall be as follows:

a) Warning for cases where a certificate of establishment meeting hygiene and safety conditions has expired but not more than 30 days.

b) A fine of VND 4,000,000 to VND 8,000,000 for cases where a certificate of establishment meeting hygiene and safety conditions has expired for 30 days or more.

3. A fine of VND 10,000,000 to VND 15,000,000 for processing establishments committing any of the following acts:

a) Processing domestic aquatic species caught during prohibited fishing periods.

b) Using banned additives, chemicals not allowed to circulate in Vietnam, or using them contrary to legal regulations.

4. A fine of VND 15,000,000 to VND 20,000,000 for industrial processing establishments committing any of the following acts:

a) Lack of technical staff or technicians with the required qualifications as prescribed by the Ministry of Agriculture and Rural Development.

b) Processing imported raw materials or semi-finished aquatic products not permitted for import.

5. A fine of VND 15,000,000 to VND 20,000,000 for processing aquatic species listed in the prohibited fishing list.

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

a) Constructing new processing establishments or expanding existing ones without planning or permission from competent authorities.

b) Processing aquatic products from prohibited harvesting areas or during prohibited harvesting periods.

7. Additional forms of administrative sanction:

a) Confiscating contraband items for violations stipulated in point b, Clause 1; point b, Clause 3; point b, Clause 4 of this Article.

b) Confiscating and compelling the release of live aquatic species back into the natural environment (if they are still alive) for violations stipulated in point a, Clause 3; point b, Clause 6 of this Article.

c) Revoking business licenses for six months to one year in cases of repeat offenses or multiple violations for violations stipulated in point a, Clause 1, Clause 3, point b, Clause 4, Clause 5, and point b, Clause 6 of this Article.

d) Confiscating prohibited aquatic species for violations stipulated in Clause 5 of this Article.

8. Measures to remedy consequences:

a) Compelling the destruction of aquatic products and processed aquatic products for violations stipulated in point b, Clause 1; point b, Clause 3; point b, Clause 4 of this Article.

b) Compelling re-export for violations stipulated in point b, Clause 4 of this Article.

c) Compelling the dismantling of processing establishments for violations stipulated in point a, Clause 6 of this Article.

Article 21. Handling of violations related to aquatic products with impurities

1. A fine of VND 300,000 to VND 500,000 shall be imposed on individuals directly introducing impurities into aquatic products.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on the consignor for transporting or hiring others to transport aquatic products containing impurities, except where permitted by competent state authorities.

3. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on the act of collecting, processing, storing, manufacturing, and trading aquatic products with impurities that have been injected.

4. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on the act of hiring or lending others to introduce impurities into aquatic products or organizing the introduction of impurities into aquatic products.

5. Additional forms of punishment:

a) Seize the batch of aquatic products for the act stipulated in Clause 2 of this Article;

b) Seize the batch of aquatic products as evidence and tools used to introduce impurities into aquatic products for the acts stipulated in Clause 1, Clause 3, and Clause 4 of this Article;

c) Revoke the certificate of hygiene and safety conditions for the collection, storage, and processing facility of aquatic products for six to twelve months in cases of repeated or recidivist violations of the acts stipulated in Clause 3 and Clause 4 of this Article.

6. Measures to remedy consequences:

a) Process to remove impurities from batches of aquatic products containing impurities according to regulations of the Ministry of Agriculture and Rural Development, but not requiring destruction;

b) Order the destruction of batches of aquatic products containing impurities harmful to human health and impurities of unknown composition.

Article 22. Handling of violations related to aquatic products with natural toxins

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on intentional exploitation of aquatic species with natural toxins harmful to human health prohibited by law.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on the consignor for transporting or hiring others to transport aquatic products with natural toxins harmful to human health, except where permitted by competent state authorities.

3. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on the act of collecting, processing, storing, manufacturing, and trading aquatic products with natural toxins harmful to human health, except where permitted by competent state authorities.

4. Additional forms of administrative punishment:

a) Seize the batch of aquatic products for the acts stipulated in Clause 2 and Clause 3 of this Article;

b) Seize the batch of aquatic products and evidence used for exploiting aquatic products with natural toxins (excluding fishing vessels and maritime safety equipment) for the act stipulated in Clause 1 of this Article;

5. Measures to remedy consequences:

Order the destruction of batches of aquatic products with natural toxins harmful to human health.

Section 5

VIOLATIONS OF REGULATIONS ON THE SECTOR AND SERVICES OF AQUATIC PRODUCTS

Article 23. Violations of regulations on the production of feed for aquaculture

1. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on any of the following acts:

a) The facility engages in producing feed for aquaculture without technical staff as prescribed by the Ministry of Agriculture and Rural Development;

b) Failure to ensure production and business conditions for facilities producing feed for aquaculture.

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

a) Producing feed for aquaculture prohibited from use and not included in the list of permitted production and trade as prescribed by the Ministry of Agriculture and Rural Development;

b) Producing feed for aquaculture containing components banned for use as prescribed by the Ministry of Agriculture and Rural Development;

c) Producing feed for aquaculture with quality standards below the declared level.

3. Additional forms of punishment:

a) Seize the feed for aquaculture for the acts stipulated in point a and point b of Clause 2 of this Article;

b) Revoke the business license for six to twelve months in cases of repeated violations of the acts stipulated in Clause 2 of this Article.

4. Measures to remedy consequences:

a) Order the destruction of feed for aquaculture for the acts stipulated in point a and point b of Clause 2 of this Article;

b) Order the recovery for recycling or change of purpose of the product for the act stipulated in point c of Clause 2 of this Article.

Article 24. Violations concerning the business and importation of aquafeed

1. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on any of the following acts:

a) The consignor engages in transporting or hiring others to transport aquafeed prohibited from use and not included in the list of permitted production and business activities as prescribed by the Ministry of Agriculture and Rural Development;

b) Engaging in the business, storage, or importation of aquafeed with unclear origin;

c) Failing to ensure conditions for the production and business of facilities producing aquafeed.

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

a) Engaging in the business, storage, or importation of aquafeed prohibited from use and not included in the list of permitted production and business activities as prescribed by the Ministry of Agriculture and Rural Development;

b) Engaging in the business, storage, or importation of aquafeed containing components prohibited from use as prescribed by the Ministry of Agriculture and Rural Development;

c) Engaging in the business, storage, or importation of aquafeed that has exceeded its usage period.

3. A fine of VND 40,000,000 shall be imposed for the act of engaging in the business or importation of aquafeed with quality below the declared level.

4. Additional forms of administrative punishment:

a) Confiscate the aquafeed for the acts stipulated in Clause 1 and Clause 2 of this Article;

b) Suspend the right to use the business license for six months in cases of repeated offenses as stipulated in Clause 3 of this Article.

5. Measures to remedy consequences:

Order the destruction of aquafeed for the acts stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

Article 25. Violations concerning the production and business of lifesaving equipment for fisheries operations

1. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed for the act of engaging in the business of lifesaving equipment for fisheries operations without inspection certification.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of engaging in the business of lifesaving equipment for fisheries operations that have exceeded their usage period.

3. Additional forms of punishment and measures to remedy consequences:

a) Order the completion of inspection certification for the act stipulated in Clause 1 of this Article;

b) Order the destruction of lifesaving equipment for fisheries operations for the act stipulated in Clause 2 of this Article.

Article 26. Violations concerning the operation of fishing ports, fish landing sites, and anchorage areas for fishing vessels during typhoons

1. A fine of VND 300,000 to VND 500,000 shall be imposed for the act of throwing or dumping garbage or other objects from fishing vessels into the water where the vessels are moored or at the wharf.

2. Imposing a fine from VND 2,000,000 to VND 5,000,000 for any of the following acts:

a) Fishing ports lacking lifesaving and firefighting equipment; lacking certificates of compliance with food safety standards issued by competent state authorities;

b) Fishing ports, fish landing sites, and anchorage areas for fishing vessels failing to implement or inadequately implementing regulations of the Ministry of Agriculture and Rural Development or provincial People's Committees on the management of fishing ports, fish landing sites, and anchorage areas for fishing vessels.

Article 27. Violations concerning the conditions for operating new construction or modification of fishing vessels

1. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed on facilities engaged in new construction or modification of fishing vessels if they commit any of the following acts:

a) The location of the facility construction does not comply with the planning or has not been approved by the competent authority;

b) Workshops and equipment do not meet technical requirements as prescribed by the Ministry of Agriculture and Rural Development;

c) Lack of technical staff or specialized engineers as required by laws on conditions for production and business in the new construction or modification of fishing vessels;

d) New construction or modification of fishing vessels without approval documentation from the competent authority.

2. Additional penalties

Suspend the right to use the business license for six to twelve months for the act stipulated in point d, Clause 1 of this Article.

3. Measures to remedy consequences:

Order the dismantling of facilities for new construction or modification of fishing vessels for the act of constructing such facilities without complying with the planning as stipulated in point a, Clause 1 of this Article; order compliance with legal provisions for the acts stipulated in points b, c, and d, Clause 1 of this Article.

Article 28. Violation of provisions on conditions for production and business of fishing gear and equipment for marine resource exploitation

1. A fine of from VND 500,000 to VND 1,500,000 shall be imposed on facilities that commit any of the following acts:

a) Technical infrastructure does not meet environmental protection standards as prescribed by law;

b) Production facilities lack technical staff with specialized qualifications as prescribed by law;

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on any of the following acts:

a) Trading in equipment for marine resource exploitation that must be inspected but has not been inspected.

b) Producing and trading in fishing gear and equipment for marine resource exploitation that do not meet the quality standards prescribed by law.

3. Additional forms of punishment:

Seize the objects of violation for the acts specified in point a and b, Clause 2 of this Article.

4. Measures to remedy consequences:

Order the destruction of the objects of violation for the acts specified in point b, Clause 2 of this Article.

Chapter 6

A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for obstructing the work of investigating, surveying marine resources; protecting marine resources; collecting data on marine activities of competent state management agencies.

Article 29. Penalty for acts obstructing state management activities in the field of fisheries

1. Fine from VND 500,000 to VND 1,000,000 for acts obstructing the work of investigating, surveying fishery resources; protecting fishery resources; collecting data to assess the current status of various fishery sectors conducted by competent state management agencies.

2. Fine from VND 1,000,000 to VND 2,000,000 for acts obstructing the inspection and supervision work of competent authorities responsible for administrative violations in the field of fisheries.

3. Fine from VND 2,000,000 to VND 3,000,000 for intentional delay or evasion of compliance with administrative decisions issued by authorized persons or agencies.

4. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on one of the following acts:

a) Unauthorized removal of seals or tampering with evidence, means of transport, or premises under seal or temporary detention, or unauthorized alteration of the scene of administrative violations;

b) Concealing, altering, or substituting evidence, means of transport, or premises under inspection or temporary detention;

c) Insulting or humiliating persons performing inspection and supervision duties.

5. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed for any of the following acts:

a) Sheltering, consuming goods or means of transport under inspection, supervision, or temporarily detained that have been diverted.

b) Assaulting persons performing official duties.

6. Additional forms of punishment:

Recover the diverted goods or means of transport for the acts specified in point b, Clause 4, and point a, Clause 5 of this Article.

Chapter III

AUTHORITY TO IMPOSE PENALTIES AND PROCEDURES FOR ENFORCING DECISIONS ON ADMINISTRATIVE VIOLATIONS IN THE FIELD OF FISHERIES

Article 30. Principles for Determining Authority to Impose Administrative Penalties

The principles for determining authority to impose administrative penalties shall be implemented in accordance with Article 42 of the Administrative Violations Handling Decree.

Article 31. Responsibilities of Authorized Persons in Handling Administrative Violations

1. When discovering administrative violations, the authorized person imposing administrative penalties who is performing official duties must immediately record the incident, stop the violation, and proceed to impose administrative penalties according to the procedures stipulated in Chapter VI of the Administrative Violations Handling Decree 2002. In cases where the violation does not fall within their authority or exceeds their authority, they must promptly transfer the case file to the authorized person imposing penalties.

2. Authorized persons imposing administrative penalties in the field of fisheries must impose penalties within their authority. If the authorized person imposing administrative penalties is absent, they must delegate their deputy to carry out the penalty in accordance with Article 41 of the Administrative Violations Handling Decree 2002.

3. Strictly prohibit acts of shielding, obstructing the imposition of penalties, retaining cases with criminal indications for administrative penalties, or splitting violation cases to retain them for administrative penalties within their own level's authority.

4. In cases where decisions on penalties are made outside the scope of authority, against the wrong violator or violation; incorrectly applying forms, levels of fines, and measures to rectify consequences; imposing penalties outside the statute of limitations or time limit for penalties, such decisions must be amended or revoked depending on specific circumstances to comply with the law.

Article 32. Competence to impose administrative sanctions for violations related to fisheries of specialized fisheries inspection agencies

1. Specialized fisheries inspectors while performing their duties have the right:

a) Issue a warning or impose a fine up to 500,000 VND;

b) Confiscate property, means of transportation used for administrative violations with a value up to 2,000,000 VND;

c) To apply measures to remedy consequences specified in points a, b, d, e, Clause 3, Article 7 of this Decree, except for the measure of compelling the dismantling of unauthorized construction works.

2. The Head of the Specialized Fisheries Inspection Division has the right:

a) Issue a warning or impose a fine up to 20,000,000 VND;

b) To revoke the right to use licenses or certificates of competence in fisheries for a limited or unlimited period;

c) Confiscate evidence and means used to commit administrative violations;

d) To apply measures to remedy consequences specified in points a, b, d, e, Clause 3, Article 7 of this Decree.

3. The Heads of the General Fisheries Inspection Department and the Specialized Fisheries Inspection Bureaus have the right:

a) Issue a warning or impose a fine up to 30,000,000 VND;

b) To revoke the right to use licenses or certificates of competence in fisheries for a limited or unlimited period;

c) Confiscate evidence and means used to commit administrative violations;

d) To apply measures to remedy consequences specified in points a, b, d, đ, e, Clause 3, Article 7 of this Decree.

4. The Head of the Agricultural and Rural Development Inspection Office has the right:

a) Issue a warning or impose a fine up to 30,000,000 VND;

b) To revoke the right to use licenses or certificates of competence in fisheries for a limited or unlimited period;

c) Confiscate the objects and means used to commit administrative violations;

d) To apply measures to remedy consequences specified in points a, b, d, đ, e, Clause 3, Article 7 of this Decree.

5. The Head of the Ministry of Agriculture and Rural Development Inspection Office has the right:

a) To issue a warning or impose a fine up to the maximum amount of 40,000,000 VND as stipulated in this Decree;

b) To revoke the right to use licenses or certificates of competence in fisheries for a limited or unlimited period;

c) Confiscate the objects and means used to commit administrative violations;

d) To apply measures to remedy consequences specified in points a, b, d, đ, Clause 3, Article 7 of this Decree.

Article 33. Competence to impose administrative sanctions for violations related to fisheries of People's Committees at all levels

1. The Chairman of the People's Committee of communes has the right to impose administrative sanctions on acts of violation as prescribed in Chapter II of this Decree in the locality including:

a) To issue a warning or impose a fine up to 2,000,000 VND;

b) Confiscate objects and means used for administrative violations up to a value of VND 2,000,000;

c) To apply measures to remedy consequences specified in points a, b, d, Clause 3, Article 7 of this Decree.

2. The Chairman of the People's Committee of districts has the right to impose administrative sanctions on acts of violation as prescribed in Chapter II of this Decree in the locality including:

a) Issue a warning or impose a fine up to 30,000,000 VND;

b) To revoke the right to use fishing exploitation licenses or certificates of competence in fisheries;

c) Confiscate the objects and means used to commit administrative violations;

d) To apply measures to remedy consequences specified in points a, b, d, Clause 3, Article 7 of this Decree.

3. The Chairman of the People's Committee of provinces has the right to impose administrative sanctions on acts of violation as prescribed in Chapter II of this Decree in the locality including:

a) To issue a warning or impose a fine up to the maximum amount as stipulated in this Decree of 40,000,000 VND;

b) To revoke the right to use fishing exploitation licenses or certificates of competence in fisheries;

c) Confiscate the objects and means used to commit administrative violations;

d) To apply measures to remedy consequences specified in Clause 3, Article 7 of this Decree.

Article 34. Competence to impose administrative sanctions of other agencies

1. Persons authorized by other agencies: People's Public Security, Border Guard, Coast Guard, Customs, Tax Administration, Market Management, Directors of Marine Port Services, Directors of inland waterway port services as stipulated in Articles 31, 32, 33, 34, 35, 36, 37 of the Administrative Violation Handling Ordinance 2002 and paragraphs 6, 7, 8, 9, 10, 11, 13 of Article 1 of the Ordinance amending and supplementing certain articles of the Administrative Violation Handling Ordinance 2008 have the right to impose administrative sanctions in the field of fisheries according to this Decree for acts of violation related to their respective fields of management.

2. In national parks, nature reserves located within inland water areas or marine conservation zones where forest rangers are organized, forest rangers in those units have the authority to impose administrative sanctions for violations in the field of fisheries occurring within the scope of national parks and nature reserves managed and protected by forest rangers. The authority to impose administrative sanctions of forest rangers shall be governed by current laws on administrative violation handling.

Article 35. Administrative Offense Penalty Procedures

1. The administrative offense penalty procedures in the fisheries sector shall be implemented in accordance with the Administrative Violation Handling Ordinance 2002.

2. All acts of administrative violations subject to penalties must be documented in a file and retained fully at the penalty enforcement agency within the time limit prescribed by law.

The act of drafting the record and issuing the penalty decision must comply with the procedures stipulated in Clause 21, Clause 22, and Clause 23, Article 1 of the Administrative Violation Handling Ordinance 2008.

3. The imposition and payment of fines must comply with the procedures stipulated in Article 58 of the Administrative Violation Handling Ordinance 2002 and Clause 24, Article 1 of the Administrative Violation Handling Ordinance 2008.

4. The procedure for revoking the right to use professional certificates in the fisheries sector shall be carried out in accordance with the provisions of Article 59 of the Administrative Violation Handling Ordinance 2002.

5. The procedures for confiscating and handling evidence and means of administrative violations in the fisheries sector shall be carried out in accordance with Articles 60 of the Administrative Violation Handling Ordinance 2002 and Clause 25, Article 1 of the Administrative Violation Handling Ordinance 2008.

For confiscated evidence of administrative violations that can easily cause explosions such as explosives, detonators, slow-burning fuses, the authorized penalty enforcement authority must promptly transfer them to the local police or military authorities for management in accordance with the Government's regulations on the management of weapons, explosive materials, and auxiliary tools; when transferring, a record must be made with signatures from the authorized penalty enforcement authority and the representative of the receiving party, and this record must be made in at least two copies.

6. In cases where individuals or organizations committing administrative violations cannot implement measures to mitigate the consequences caused by their administrative violations in the fisheries sector or have fled, and it is truly necessary to promptly protect the environment and ensure public order and safety, the competent management authority may use funds from the state budget allocated to its own agency to implement these mitigating measures. Individuals or organizations committing administrative violations must reimburse the costs incurred by the agency implementing the mitigating measures.

Article 36. Transfer of Administrative Violation Penalty Decisions for Enforcement

1. In cases where individuals or organizations commit administrative violations in one locality but reside or have headquarters in another locality without conditions to execute the administrative violation penalty decision at the place of punishment, the penalty decision shall be transferred to the competent authority at the same level in the locality where the individual resides or the organization has its headquarters for enforcement; if there is no competent authority at the same level in the locality where the individual resides or the organization has its headquarters, the penalty decision shall be transferred to the People's Committee of the district to organize enforcement. The administrative violation penalty file shall be retained by the agency issuing the violation handling decision.

2. The agency receiving the transferred administrative violation penalty decision shall be responsible for delivering the penalty decision and organizing its enforcement against the individual or organization being penalized in accordance with Article 64 of the Administrative Violation Handling Ordinance and informing the transferring agency of the results.

3. The transfer of administrative violation penalty decisions shall only apply to collecting fines. Additional penalty forms and remedial measures (if any) must be implemented immediately at the place of violation. In cases where the violator does not voluntarily comply or does not have the conditions to comply with remedial measures (if any), the costs for implementing these measures shall be clearly recorded in the penalty decision for transferring the penalty decision.

Article 37. Application of measures to prevent administrative violations and ensure the enforcement of administrative penalties

1. Measures to prevent administrative violations and ensure the enforcement of administrative penalties in the field of fisheries

In cases where only a fine is imposed on individuals or organizations that violate the law, the competent authority for imposing administrative penalties in the field of fisheries has the right to temporarily detain relevant documents related to vessels and professional certificates until such individuals or organizations comply with the penalty decision. If the violators do not have these documents, the competent authority for imposing administrative penalties may require them to bring the vessel back to the dock or the agency's office for resolution or temporarily detain the objects involved according to its authority.

In cases of violations where this Decree stipulates supplementary penalties involving confiscation of objects and vessels involved in the violation, the specialized fisheries inspectorate has the right to require organizations or individuals who violate the law to bring the vessel back to the dock or the agency's office for resolution or temporarily detain the objects involved according to its authority.

2. The authority, procedures, and processes for applying measures to prevent administrative violations and ensuring the enforcement of administrative penalties in the field of fisheries shall be implemented in accordance with the Administrative Violations Handling Ordinance 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violations Handling Ordinance 2008.

Article 38. Handling violations by those authorized to handle administrative violations

Individuals or organizations authorized to impose administrative penalties in the field of fisheries who engage in harassment, tolerance, cover-up of violations, failure to handle or timely handle violations; impose penalties beyond their authority, against the wrong subjects, or for the wrong acts; apply incorrect forms, levels of penalties, and other measures; misappropriate or improperly use money, goods, objects, or vessels involved in violations; obstruct the lawful circulation of goods, causing damage to businesses shall be subject to disciplinary action or criminal liability and compensation for damages as provided by law depending on the nature and severity of the violation.

Article 39. Sample records and decisions used in administrative penalties

Attached to this Decree are model record and decision forms to be used in the imposition of administrative penalties in the field of fisheries.

Chapter IV

IMPLEMENTING PROVISIONS

Article 40. Effective Date

This Decree takes effect from May 15, 2010, and replaces Government Decree No. 128/2005/NĐ-CP dated October 11, 2005, concerning the handling of administrative violations in the field of fisheries; and Government Decree No. 154/2006/NĐ-CP dated December 25, 2006, amending Article 17 of Government Decree No. 128/2005/NĐ-CP dated October 11, 2005, concerning the handling of administrative violations in the field of fisheries.

Article 41. Responsibility for guiding implementation

1. The Minister of Agriculture and Rural Development is responsible for guiding, organizing the implementation, and supervising the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally administered cities are responsible for implementing this Decree./.

The original file of this document is being updated. Please read the full text and check back later.