Decree No. 36/1999/NĐ-CP on administrative penalties for violations in the territorial sea, contiguous zone, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam.

DECREE

Provisions on administrative penalties for violations in the territorial sea, contiguous zone, exclusive economic zone, and continental shelf.

In the territorial sea, contiguous zone, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam, organizations and individuals of Vietnam who commit administrative violations shall be subject to penalties under this Decree and other relevant laws of Vietnam.

of the Socialist Republic of Vietnam

___________________________

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the Administrative Offense Handling Ordinance dated July 6, 1995;

Pursuant to the Ordinance on the Coast Guard Force of Vietnam dated March 28, 1998;

Upon the proposal of the Minister of National Defense,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Foreign organizations and individuals who commit administrative violations shall also be subject to penalties under this Decree and other relevant laws of Vietnam, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise.

Within the territorial sea, contiguous zone, exclusive economic zone, and continental shelf of Vietnam, the Vietnam Coast Guard has the authority to impose administrative penalties for violations in accordance with this Decree in areas of security, public order and safety, environmental protection, fishery resource protection, mineral resources, illegal transportation of persons, illegal trade in goods, weapons, explosives, narcotics, stimulants, smuggling, and other administrative violations related to these fields. When specialized state management agencies discover administrative violations, they shall impose penalties within their jurisdiction; if not within their jurisdiction, they must prepare a record and transfer it to the Vietnam Coast Guard or another competent authority for penalty imposition according to the law.

Article 2. In internal waters, when requested, the Vietnam Coast Guard is responsible for coordinating and assisting other specialized forces in performing tasks to ensure that maritime activities comply with legal regulations; if the Vietnam Coast Guard independently discovers administrative violations, it must take preventive measures, report, and transfer the case to the competent authority for handling according to the law.

Article 3. Principles of administrative penalties.

Article 4. 1. Administrative penalties must be imposed by those authorized under Article 35 of this Decree in accordance with the provisions of the law.

2. Other principles of administrative penalties are applied according to Clauses 2, 3, 4, 5, and 6 of Article 3 of the Ordinance on Handling Administrative Violations.

Mitigating and aggravating circumstances applicable in administrative penalties for violations stipulated in Chapter II of this Decree shall be implemented according to Articles 7 and 8 of the Ordinance on Handling Administrative Violations.

Article 5. Statute of limitations for administrative penalties, period considered as not having been administratively penalized.

Article 6. 1. The statute of limitations for administrative penalties is one year from the date of the administrative violation; this period is two years for violations in environmental, export, import, exit, entry, smuggling, and counterfeit goods trading areas; if beyond these periods, penalties will not be imposed, but measures provided for in points a, b, and d of Clause 3 of Article 11 of the Ordinance on Handling Administrative Violations may be applied.

2. Other provisions regarding the statute of limitations are applied according to Clauses 2 and 3 of Article 9 of the Ordinance on Handling Administrative Violations.

3. Organizations and individuals subject to administrative penalties, if they have not committed a repeat offense more than one year from the date of completion of the penalty decision or from the date the penalty decision ceases to be effective, shall be considered as not having been administratively penalized.

Forms of administrative penalties prescribed in this Decree are applied according to Chapter II of the Ordinance on Handling Administrative Violations.

Article 7. FORMS AND AMOUNTS OF PENALTIES FOR ADMINISTRATIVE VIOLATIONS

Chapter II

FORMS AND LEVELS OF ADMINISTRATIVE PENALTIES FOR VIOLATIONS OF ADMINISTRATIVE LAW OFFENSES

PART 1: VIOLATIONS OF SECURITY AND ORDER ON THE SEA

Article 8. Sanctions for violations by foreign vessels and ships with any of the following acts:

1. A fine of from five million to ten million Vietnamese dong for the act of stopping or anchoring illegally in Vietnam's territorial sea.

2. A fine of from over ten million to twenty million Vietnamese dong for any of the following acts:

a) Emitting smoke screens, firing various types of guns, launching signals, or using explosive materials in Vietnam's territorial sea and contiguous zone for any purpose other than firing distress flares and saluting shots;

b) Obstructing maritime traffic activities, fishing activities, aquaculture activities, search and rescue operations, exploration, and exploitation of marine resources.

3. A fine of from over twenty million to one hundred million Vietnamese dong for any of the following acts:

a) Interfering with communication systems, equipment of the Socialist Republic of Vietnam;

b) Illegally using radar devices, ultrasonic wave generators, observation instruments, measuring devices, diving equipment, and other devices to survey geographical, meteorological, hydrological conditions, seabed composition, depth, or any other survey targets in Vietnam's territorial sea;

c) Not securing all fixed and mobile weapons on board when the vessel equipped with weapons enters the contiguous zone or territorial sea of Vietnam;

d) Not applying specialized preventive measures against dangers and hazards or not providing technical documents about radioactive substances, dangerous, or harmful materials on board to Vietnamese authorities when requested for nuclear-powered vessels and vessels carrying radioactive materials, transporting or using permitted dangerous or harmful materials passing through the contiguous zone and territorial sea of Vietnam;

e) Removing people from or putting people onto the vessel in violation of Vietnamese laws on exit and entry; harboring, abetting, shielding, or assisting those who violate Vietnamese laws within Vietnam's territorial sea and contiguous zone.

4. Additional sanctions and other measures:

a) Confiscation of contraband items and means of transportation violating administrative regulations stipulated in point a clause 2; point a and b clause 3 of this Article;

b) Compelling violators to leave the area they are operating in or leave Vietnamese waters.

Article 9. Sanctions for violations by foreign fishing vessels navigating in Vietnamese waters.

1. Imposing a fine of from 10,000,000 VND to 20,000,000 VND for one of the following acts:

a) Not retracting fishing nets or other fishing gear;

b) Not securing all types of fish-finding equipment to a safe state.

2. A fine of from twenty million to fifty million Vietnamese dong if there is a repeat offense of any of the acts stipulated in clause 1 of this Article.

Article 10. Sanctions for violations by foreign organizations and individuals conducting scientific research in Vietnamese waters.

1. A fine of from five million to ten million Vietnamese dong for conducting scientific research at unauthorized locations.

2. A fine of from over ten million to twenty million Vietnamese dong for carrying weapons, ammunition, explosives, reconnaissance equipment, or hazardous substances.

3. A fine of from over twenty million to fifty million Vietnamese dong for setting up or using research facilities or equipment without permission from competent Vietnamese authorities.

4. Additional sanctions and other measures:

a) Confiscation of contraband items and means of transportation violating administrative regulations stipulated in clause 2, clause 3 of this Article;

b) Compelling removal of facilities, equipment, and tools and possibly revocation of permits or suspension of activities for violations stipulated in clause 3 of this Article.

Article 11. Sanctions for other administrative violations in the field of security and order on the sea shall be applied according to Article 18, except for point b clause 2 of Decree No. 49/CP dated August 15, 1996 of the Government on administrative sanctions in the field of security and order.

Article 12. Sanctions for violations of regulations on exit, entry, and transit shall be applied according to Article 21, except for points b and c clause 1, point d clause 2 of Decree No. 49/CP dated August 15, 1996 of the Government.

Article 13. Sanctions for violations of regulations on preventing and controlling narcotics shall be applied according to Article 22, except for clause 2; points a, b, c, g, and h clause 3; points b, c, and e clause 4 of Decree No. 49/CP dated August 15, 1996 of the Government.

Article 14. Sanctions for violations in the use and operation of vessels, marine transport business, and maritime services.

1. A fine of VND 1,000,000 to VND 5,000,000 shall be imposed on any of the following violations:

a) Not having a seafarer's passport;

b) Lack of seafarer professional certificates.

2. A fine of from over five million to ten million Vietnamese dong for any of the following violations:

a) Lack of ship registration certificate;

b) Failure to register changes in ownership of the ship in accordance with the law when the ship has been transferred;

c) Engaging in marine transport business and maritime services without a permit or with an expired permit;

d) Operating outside the scope specified in the permit;

e) Not complying with the registered business regulations (routes, areas of operation, ship names);

g) Altering or defacing the marine transport business and maritime service permit.

3. Additional forms of punishment:

Suspension of the right to use professional certificates or operation permits for up to three months for violations stipulated in points b and e clause 2 of this Article.

Article 15. Sanctions for violations of regulations on ensuring the safety of human life and vessels.

1. Warning or a fine from VND 100,000 to VND 500,000 for any of the following acts of violation:

a) The ship does not have a lifesaving duty chart placed in necessary positions;

b) The ship does not have operational instructions for lifesaving equipment;

c) There is no assignment chart for lifesaving and sinking rescue for each crew member and public places on the ship;

d) Lacking sufficient lifesaving equipment as required;

e) Lifesaving equipment does not meet quality standards or is not ready for immediate use.

2. A fine of VND 1,000,000 to VND 5,000,000 for any of the following violations:

a) Seafarers lack the required qualifications and professional certificates;

b) The ship does not have the minimum safe crew complement as required;

c) The person assigned to a position does not match the name registered in the seafarer's logbook;

d) Lack of logbook or improper use of logbook;

e) Lack of identification number of the vessel as required.

3. A fine of from over five million to ten million Vietnamese dong for any of the following violations:

a) Life-saving equipment that has exceeded its usage period;

b) Lack of life-saving equipment.

4. Additional forms of administrative punishment:

Suspend the maritime operation license of the vessel and the basic safety training certificate for a period of three to six months or indefinitely for violations stipulated in this Article.

Article 16. Punish the act of carrying cargo or passengers beyond the permitted weight limit.

1. Issue a warning or impose a fine of VND 100,000 to VND 500,000 for each passenger exceeding the specified number.

2. Impose a fine of VND 2,000,000 to VND 10,000,000 for the act of carrying cargo beyond the permitted weight limit.

3. Issue a warning or impose a fine of VND 200,000 to VND 700,000 for each passenger for violations under Clause 1; impose a fine of VND 5,000,000 to VND 15,000,000 for violations under Clause 2 of this Article in case of repeat offenses.

Article 17. Punish the act of violating regulations on fire prevention and control safety for vessels.

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

a) Firefighting equipment not in operational readiness;

b) Not having necessary warning signs or instructions at places prone to fire or explosion;

c) Lack of firefighting system diagrams, firefighting duty rosters, and firefighting operation guides on board the vessel.

2. A fine of from over five million to ten million Vietnamese dong for any of the following violations:

a) Failure to comply with or incomplete compliance with regulations on fire prevention and extinguishing;

b) Failure to fully equip with firefighting equipment as prescribed by Vietnamese law and relevant international treaties to which Vietnam is a party;

c) Portable fire extinguishers no longer functional;

d) Firefighting equipment not placed in designated locations on board the vessel;

e) Crew members on board the vessel not proficient in using firefighting equipment;

g) Lack of emergency response plans.

Article 18. Punish the act of violating maritime safety regulations.

1. Impose a fine of VND 2,000,000 to VND 5,000,000 on the person operating the vessel for violating the following navigation rules:

a) Failure to use or improper use of prescribed signal types;

b) Failure to comply with collision avoidance rules at sea;

2. Fine from VND 5,000,000 to VND 10,000,000 for any of the following acts:

a) Failure to set up warning signals when vessels or other obstructions sink and create hazards at sea;

b) Failure to set up warning signals for artificial islands or marine structures;

c) Causing displacement or loss of effectiveness of marine navigational aids;

3. Apply other measures:

Order immediate signaling for violations under points a and b Clause 2; order restoration to original condition for violations under point c Clause 2 of this Article.

Article 19. Punish the act of violating regulations on maritime traffic order and safety.

1. Impose a fine of VND 500,000 to VND 2,000,000 for any of the following acts:

a) Allowing other vessels to improperly attach or moor to their vessel while underway;

b) Improper use of towing vessels;

c) Passenger vessels without internal regulations or allowing people to sit on the deck or sides of the vessel;

d) Stacking cargo in violation of regulations.

2. A fine of between 10,000,000 VND and 20,000,000 VND shall be imposed for one of the following acts:

a) Carrying hazardous goods, flammable, or explosive materials together with passengers;

b) Using fake license plates when operating the vessel.

3. Additional forms of punishment:

Suspend the professional certificate of the master for a period of three to six months or indefinitely for violations stipulated in Clause 2 of this Article.

Article 20. Punish the act of violating search and rescue regulations.

1. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed on the act of failing to perform obligations as prescribed for maritime search and rescue.

2. Impose a fine of more than VND 5,000,000 to VND 10,000,000 for failing to comply with dispatch orders without justifiable reasons or being negligent in executing dispatch orders from competent authorities.

Article 21. Punish the act of violating regulations on salvaging sunken assets at sea.

1. Issue a warning or impose a fine of VND 200,000 to VND 1,000,000 for failing to report or reporting inaccurately upon discovering sunken assets at sea.

2. Impose a fine of VND 10,000,000 to VND 20,000,000 for each violation of regulations on salvaging or preserving, handling sunken assets at sea.

3. Impose a fine of more than VND 20,000,000 to VND 50,000,000 for each violation of regulations on salvaging or purchasing historical and archaeological artifacts in territorial waters and contiguous zones.

4. Additional forms of administrative punishment:

Confiscate the objects and means used to commit violations stipulated in Clauses 2 and 3 of this Article.

PART II: VIOLATIONS CONCERNING ENVIRONMENTAL PROTECTION OF THE SEAS

Article 22. Sanctions for violations concerning the discharge of waste and harmful substances.

1. A fine of from five million dong to twenty million dong shall be imposed for any of the following acts:

a) Discharging oil, grease, toxic chemicals, radioactive materials beyond permissible limits in marine areas;

b) Dumping garbage, dirty water, sediment, wastewater containing oil and other toxic substances from vessels into the sea in prohibited or restricted zones;

c) Discharging waste and harmful substances into the sea not in accordance with regulations on environmental protection.

2. A fine of over twenty million dong to fifty million dong shall be imposed for violations under Clause 1 of this Article in cases of recidivism.

3. A fine of over fifty million dong to one hundred million dong shall be imposed for violations under Clause 2 of this Article in cases involving aggravating circumstances.

4. Other measures shall be applied:

Compel compensation for damage; compel restoration to the original state; remediate environmental pollution; temporarily detain the violating means of transport for violations under Clauses 1, 2, and 3 of this Article.

Article 23. Sanctions for violations concerning the transportation of hazardous substances.

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

a) Lack of documentation on hazardous substances;

b) Lack of permits for transporting hazardous substances;

c) Failure to apply special preventive measures as prescribed by regulations on environmental protection.

2. A fine of over twenty million dong to fifty million dong shall be imposed for violations under Clause 1 of this Article in cases of recidivism.

3. A fine of over fifty million dong to one hundred million dong shall be imposed for violations under Clause 1 of this Article in cases involving aggravating circumstances.

4. Other measures shall be applied:

Compel the violating means of transport to leave the area of operation or the waters of Vietnam.

Article 24. Sanctions for violations concerning the exploitation and trade of rare aquatic animals and plants listed in the catalogues published by the Ministry of Agriculture and Rural Development and the Fisheries Department, as provided for in Article 8 of Decree No. 26/CP dated April 26, 1996 of the Government on administrative sanctions for violations of environmental protection regulations.

Article 25. Sanctions for violations concerning the prevention of environmental incidents in exploration, development, transportation of petroleum and natural gas, as provided for in Article 12 of Decree No. 26/CP dated April 26, 1996 of the Government.

Article 26. Sanctions for violations concerning the remediation of consequences of environmental incidents, as provided for in Article 19 of Decree No. 26/CP dated April 26, 1996 of the Government.

PART III: VIOLATIONS CONCERNING THE EXPLOITATION AND PROTECTION OF AQUATIC RESOURCES

Article 27. Sanctions for violations concerning the use of permits, including lack of permits, fake permits, or permits issued by unauthorized agencies.

1. A fine of from two million dong to five million dong shall be imposed for vessels with a carrying capacity below fifty tons.

2. A fine of over five million dong to ten million dong shall be imposed for vessels with a carrying capacity from fifty tons to one hundred tons.

3. A fine of over ten million dong to fifty million dong shall be imposed for vessels with a carrying capacity over one hundred tons.

4. Additional forms of administrative punishment:

Confiscate all seafood, processed seafood products, and fishing gear used for illegal fishing.

Article 28. Sanctions for violations concerning the protection of aquatic habitats and species, management of fishing activities, and management of fishing vessels, as provided for in Articles 4 and 5; Clauses 2, 3, 4, 5, 6, and 7 of Article 6; and Clauses 2 and 3 of Article 7 of Decree No. 48/CP dated August 12, 1996 of the Government on administrative sanctions for violations in the field of protecting aquatic resources.

Article 29. Sanctions for administrative violations in the field of fishing activities by foreign individuals and vessels, as provided for in Articles 16, 17, and 18 of Decree No. 49/CP dated July 13, 1998 of the Government.

PART 4: VIOLATIONS IN OTHER SECTORS

Article 30. The penalties for violations concerning the exchange of export and import goods of border residents shall be applied according to Article 8 of Decree No. 54/1998/NĐ-CP dated July 21, 1998, amending and supplementing certain articles of Decree No. 16/CP dated March 20, 1996 on administrative offenses in customs management.

Article 31. Penalties for false declaration and tax evasion shall be applied according to Article 3; the confiscation of evidence and means used in tax administrative offenses shall be applied according to Article 6 of Decree No. 22/CP dated April 17, 1996 on administrative offenses in taxation.

Article 32. Penalties for violations of regulations on export and import trade; violations by transport vehicle owners shall be applied according to Clauses 2 and 3 of Article 14; Point a of Article 21 of Decree No. 01/CP dated January 3, 1996 on administrative offenses in commerce.

Article 33. Penalties for violations of regulations on surveying, exploration, exploitation, and management of mineral resources shall be applied according to Articles 4, 5, 6, and 8 of Decree No. 35/CP dated April 23, 1997 on administrative offenses in mineral resource management.

Article 34. Penalties for other administrative violations in Vietnam's maritime zones and continental shelf under the jurisdiction of the Vietnam Coast Guard shall be applied according to relevant laws on administrative penalties of the Socialist Republic of Vietnam.

Chapter III

AUTHORITY TO IMPOSE ADMINISTRATIVE PENALTIES AND PROCEDURES FOR APPLYING MEASURES TO PREVENT ADMINISTRATIVE VIOLATIONS

Article 35. The following persons have the authority to impose administrative penalties.

1. A coast guard officer performing official duties has the right:

a) To issue warnings;

b) Imposing a fine up to VND 200,000.

2. The head of a coast guard operational team has the right:

a) To issue warnings;

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

3. The head of a coast guard operational unit has the right:

a) To issue warnings;

b) To impose a fine up to 1,000,000 dong;

c) To compel compensation for damage caused by administrative violations up to 500,000 dong.

4. The maritime squadron commander have the right to:

a) To issue warnings;

b) To impose fines up to VND 2,000,000.

c) To compel compensation for damage caused by administrative violations up to 1,000,000 dong;

d) To compel restoration of the original state altered by administrative violations;

e) To suspend activities causing environmental pollution and spreading diseases.

5. Chiefs of coast guard fleets have the authority to:

a) To issue warnings;

b) To impose fines up to VND 2,000,000.

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

d) To compel restoration of the original state altered by administrative violations;

e) To suspend activities causing environmental pollution and spreading diseases;

g) To destroy harmful cultural products and harmful items affecting human health.

6. The commander of a coast guard region has the right:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

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

d) To compel restoration of the original state altered by administrative violations;

e) To compel remediation of environmental pollution and disease spread;

g) To destroy harmful cultural products and harmful items affecting human health.

7. Directors of the Coast Guard Department have the right:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) To revoke the right to use licenses within their authority, except when the license is issued by a higher-level state agency, in which case they issue a decision to stop the violation and request the competent authority to revoke the license;

d) Confiscate objects and means used to commit administrative violations;

e) To compel remediation of environmental pollution and disease spread;

g) To compel restoration of the state altered by administrative violations or demolition of unauthorized construction;

h) To compel foreign vessels and crew members to leave Vietnamese waters;

i) To destroy harmful cultural products and harmful items affecting human health.

8. The Chairperson of People's Committees at all levels shall exercise the power to handle administrative violations according to Articles 27 and 28 of the Administrative Violations Handling Ordinance within their jurisdiction for violations stipulated in this Decree.

In cases where those authorized to impose penalties as specified in Clauses 3, 4, 5, 6, 7, and 8 of this Article are absent or have delegated their authority, their deputies shall have the authority to impose penalties within their respective authorities.

Article 36. Authority to apply measures to prevent administrative violations.

1. The following persons have the authority to apply measures to prevent administrative violations:

a) The head of a coast guard operational unit;

b) The captain of a coast guard squadron;

c) The commander of a coast guard flotilla;

d) The commander of a coast guard region;

e) The director of the Coast Guard Bureau.

2. The application of preventive measures against administrative violations and ensuring the handling of administrative violations according to Article 38 of the Administrative Violations Handling Ordinance.

3. When applying these measures, the authorized person must strictly comply with the provisions of Articles 39, 41, 42, 43, and 44 of the Administrative Violations Handling Ordinance.

4. In cases where those specified in Clause 1 of this Article are absent or unable to perform their duties, their deputies have the right to make decisions.

Article 37. The procedures for imposing administrative penalties shall be carried out according to Chapter VI of the Administrative Violations Handling Ordinance.

The Ministry of Finance shall coordinate with the Ministry of National Defense to provide detailed guidance on the procedures for payment of fines, collection, management, and use of funds from administrative penalties according to this Decree.

Chapter IV

COMPLAINTS, REPORTS, AND HANDLING OF VIOLATIONS

Article 38. Complaints, accusations, and resolution of complaints and accusations.

1. Organizations and individuals subject to administrative penalties under this Decree or their legitimate representatives have the right to appeal the penalty decision of the authorized person according to the Law on Complaints and Accusations 1998. During the time awaiting the resolution of the complaint by the agency or authorized person, organizations and individuals subject to penalties must still execute the penalty decision, except in cases requiring the demolition of construction projects.

If organizations or individuals who file complaints disagree with the resolution of the complaint, they have the right to appeal to the next level of authority or initiate an administrative lawsuit at court according to the law.

2. Individuals have the right to report administrative violations of other organizations and individuals as stipulated in this Decree to competent state agencies according to the Law on Complaints and Accusations 1998.

3. Individuals have the right to report illegal acts of authorized persons imposing administrative penalties as stipulated in Article 35 of this Decree to competent state agencies.

Article 39. Handling violations.

1. Authorized persons imposing administrative penalties under this Decree who harass, tolerate, shield, fail to penalize, or impose penalties untimely, improperly, or beyond their authority shall be subject to disciplinary action or criminal prosecution, and if damage is caused, they must compensate according to the law, depending on the nature and degree of the violation.

2. A person who is subject to administrative violation penalties and who obstructs, resists an official performing their duty to inspect, supervise, impose penalties, or intentionally delays or evades the execution of an administrative violation penalty decision shall be subject to administrative violation penalties or criminal responsibility pursued, depending on the nature and severity of the violation, and if damage is caused, they must compensate according to the provisions of the law.

 

 

Chapter V

IMPLEMENTING PROVISIONS

Article 40. This Decree takes effect fifteen days from the date of signature.

Article 41. The Minister of National Defense shall coordinate with relevant ministries and sectors to guide, inspect, and urge the implementation of this Decree.

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial people's committees under the central government, and the Director of the Coast Guard Bureau are responsible for implementing this Decree.