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Joint Circular No. 37/2012/TTLT-BGTVT-BCA guiding the implementation of certain articles of Decree No. 60/2011/NĐ-CP dated July 20, 2011 of the Government on administrative penalties for violations in inland waterway transport.

This Circular guides the implementation of certain provisions of Decree No. 60/2011/NĐ-CP on administrative penalties for violations in inland waterway transport, specifying how to determine acts of violation, penalty procedures, and measures to prevent violations. It applies to persons operating ships and fishing vessels on inland waterways and related organizations and individuals.

文号37/2012/TTLT-BGTVT-BCA
文件类型Joint Circular
发布机关Ministry of Public Security
签署人Đinh La Thăng Cơ Quan Ban Hành Bộ Công An Chức Danh Bộ Trưởng Người Ký Thượng Tướng Trần Đại Quang — Bộ trưởng
更新25/06/2026
行业Public Security; Transport
领域Inland Waterways
发布日期17/09/2012
生效日期10/11/2012
失效日期15/10/2013
状态Expired
✦ 智能摘要

This Circular guides the implementation of certain provisions of Decree No. 60/2011/NĐ-CP on administrative penalties for violations in inland waterway transport, specifying how to determine acts of violation, penalty procedures, and measures to prevent violations. It applies to persons operating ships and fishing vessels on inland waterways and related organizations and individuals.

适用范围

Persons operating ships and fishing vessels on inland waterways; organizations and individuals violating administrative regulations in the field of inland waterway transport; persons authorized to impose administrative penalties.

要点

  • Persons operating ships and fishing vessels on inland waterways without carrying the required documents shall be subject to penalties (Article 5).
  • Violations concerning the total deadweight and engine power of vessels shall be penalized according to the specified formula (Article 4).
  • Temporary detention of documents to ensure the enforcement of administrative penalty decisions (Article 6).
  • Determination of authority to impose administrative penalties in the field of inland waterway transport (Article 9).
  • The act of putting into operation vessels without engines with a total deadweight under 1 ton or a passenger capacity under 5 people shall be penalized (Article 11).

🌐 本文件的社会影响

  • Positive impact: Strengthening management and handling of administrative violations in the field of inland waterway transport, ensuring safety for people and transportation vehicles.
  • Negative impact: Increased time and effort costs for determining the total deadweight and engine power of vessels.
  • Limitation of rights: Persons operating ships and fishing vessels on inland waterways must comply with regulations regarding documentation, total deadweight, and engine power.

❓ 常见问题

How are administrative violations in the field of inland waterway transport penalized?

Persons operating ships and fishing vessels on inland waterways without carrying the required documents shall be subject to penalties (Article 5).

How is the total deadweight and engine power of vessels determined?

The total deadweight of a vessel is calculated using the formula T = A x K, where A is the value of the measurement of the main deck length multiplied by the measurement of the midship beam width multiplied by the measurement of the sheer height. The main engine power installed on the vessel will be used to apply the form and amount of fines (Article 4).

How is temporary detention of documents to ensure the enforcement of administrative penalty decisions carried out?

The person authorized to impose administrative penalties has the right to temporarily detain one of the following documents in sequence: Certificate of Vessel Registration, Certificate of Technical Safety and Environmental Protection of the Vessel, licenses, and professional certificates until the person being penalized complies with the penalty decision (Article 6).

What is the authority to impose administrative penalties in the field of inland waterway transport?

The authority to impose administrative penalties belongs to those authorized to impose penalties as stipulated in Decree No. 60/2011/NĐ-CP, except for the Director of the Inland Waterway Port Authority (Article 9).

How is the act of putting into operation vessels without engines with a total deadweight under 1 ton or a passenger capacity under 5 people penalized?

This act is penalized for putting vessels into operation without ensuring safety conditions as prescribed by the People's Committee of the province where the vessel owner is registered (Article 11).

全文

JOINT CIRCULAR
Guidelines for Implementing Certain Provisions of Decree No. 60/2011/NĐ-CP dated July 20, 2011 of the Government on Administrative Sanctions for Violations in the Field of Inland Waterway Transport
stipulating administrative sanctions for violations in the field of inland waterway transport
__________________________________

 

Pursuant to Decree No. 60/2011/NĐ-CP dated July 20, 2011 of the Government stipulating administrative sanctions for violations in the field of inland waterway transport;
Pursuant to Decree No. 51/2008/NĐ-CP dated April 22, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Transport;
Pursuant to Decree No. 77/2009/NĐ-CP dated September 15, 2009 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security.
The Minister of Transport and the Minister of Public Security issue this Circular guiding the implementation of certain provisions of Decree No. 60/2011/NĐ-CP dated July 20, 2011 of the Government stipulating administrative sanctions for violations in the field of inland waterway transport (hereinafter referred to as Decree No. 60/2011/NĐ-CP).
Article 1. Scope of Regulation
1. This Circular provides detailed guidance on implementing certain provisions of Decree No. 60/2011/NĐ-CP regarding the determination of administrative violation acts; procedures and forms of administrative sanctions; determination of sanctioning authority; measures to prevent administrative violations, and sample records and decisions used for imposing administrative sanctions in the field of inland waterway transport.
2. Administrative violations in the field of inland waterway transport include acts violating the provisions set forth in Chapter II of Decree No. 60/2011/NĐ-CP. Individuals operating vessels when navigating inland waterways who commit violations as specified in Article 7, Article 20, Article 21, Article 22, Article 25, Article 26, and Article 32 of Decree No. 60/2011/NĐ-CP shall be subject to administrative sanctions according to the relevant provisions; for other administrative violations, the authorized sanctioning authority as prescribed in Decree No. 60/2011/NĐ-CP shall apply the forms and levels of sanctions stipulated in decrees concerning administrative sanctions in the maritime and fisheries sectors.
Article 2. Applicability
1. The authorized administrative sanctioning authority as provided for in Decree No. 60/2011/NĐ-CP.
2. Organizations and individuals committing administrative violations; organizations and individuals related to administrative sanctioning activities in the field of inland waterway transport.
Article 3. Method of Determining Administrative Violation Acts
1. Administrative violation acts stipulated in the points, clauses, and articles in Chapter II of Decree No. 60/2011/NĐ-CP are independent from each other.
2. An organization or individual committing any of the administrative violation acts stipulated in each point, clause, or article of Decree No. 60/2011/NĐ-CP shall be sanctioned according to the provisions applicable to each such act.
3. Where an organization or individual simultaneously commits multiple administrative violation acts, they shall be sanctioned for each such act.
Article 4. Determination of Gross Tonnage and Engine Power of Vessels for Imposing Administrative Sanctions
1. For vessels required to be registered but not yet registered, or required to undergo inspection but not yet inspected, which commit administrative violations in the field of inland waterway transport, the gross tonnage and engine power of the vessel shall be determined as follows:
a) The gross tonnage of the vessel denoted as T (tons) and calculated using the formula T = A x K, where:
- A is the value of the measurement of the main deck length, measured from the bow to the stern of the vessel multiplied by the measurement of the midship beam width of the vessel multiplied by the measurement of the sheer height, measured from the bottom to the midship deck of the vessel, calculated using the formula A = L x B x D, where:
+ L(m): Main deck length measured from the bow to the stern of the vessel;
+ B(m): Midship beam width of the vessel;
+ D(m): Sheer height measured from the bottom to the midship deck of the vessel.
- K: Coefficient corresponding to the value of A and applied as follows:
+ Value of A from 4.55 to 18.76 then coefficient K = 0.26;
+ Value of A from above 18.76 to 49.80 then coefficient K = 0.29;
+ Value of A from above 49.80 to 387.20 then coefficient K = 0.35;
+ Value of A from above 387.20 to 1,119.80 then coefficient K = 0.51;
+ Value of A above 1,119.80 then coefficient K = 0.57.
b) If the vessel does not transport goods or passengers, the total engine power installed on the vessel shall be used as the basis for applying the form and amount of fines.
2. In cases where the gross tonnage cannot be determined according to Clause 1 of this Article, the authorized administrative sanctioning authority shall request the inspection agency to determine the gross tonnage of the vessel as the basis for issuing the administrative sanction decision.
Article 5. Sanctions for the act of not having or carrying prescribed documents
1. In cases where at the time of inspection, the owner of the vehicle, crew member, or driver does not have the required types of documents (Vehicle registration certificate, Vehicle technical safety and environmental protection certificate, license, professional certificate...), the authorized person executing official duties shall prepare a record of the act of not having documents. Within the period to issue an administrative violation decision, if the violator presents the documents to prove their possession, the authorized person issuing the administrative violation decision shall issue a decision on the act of not carrying such type of document and must photocopy and retain that type of document in the file.
2. If the violator cannot present the documents, an administrative violation sanction shall be imposed for the act of not having the prescribed documents.
Article 6. Temporary retention of documents to ensure enforcement of administrative violation sanctions
In cases where only a fine is applied to individuals or organizations violating the law, the authorized person imposing sanctions has the right to temporarily retain one of the following documents in the following order: Vehicle registration certificate, Vehicle technical safety and environmental protection certificate, license, professional certificate until the person subject to the sanction complies with the sanction decision.
Article 7. Temporary retention and management of seized items and vehicles
1. The temporary retention of items and vehicles used for administrative violations shall be applied in the following cases:
a) To verify circumstances serving as grounds for issuing a sanction decision;
b) To immediately prevent the violation;
c) In cases where a fine is imposed but it is not possible to implement the temporary retention of the types of documents as stipulated in Article 6 of this Circular.
2. The temporary retention of items and vehicles used for administrative violations must be carried out according to the procedures, authority, and duration of retaining items and vehicles specified in Article 46 of the Administrative Violation Handling Ordinance.
3. The management of seized items and vehicles must be conducted in accordance with Decree No. 70/2006/ND-CP dated July 24, 2006, and Decree No. 22/2009/ND-CP dated February 24, 2009, of the Government amending and supplementing certain articles of Decree No. 70/2006/ND-CP regarding the management of seized items and vehicles under administrative procedures. In cases where the seized items and vehicles cannot be stored according to the provisions of Decree No. 70/2006/ND-CP and Decree No. 22/2009/ND-CP due to lack of necessary conditions, the authorized person retaining the items and vehicles may transfer the management and storage of the seized items and vehicles to the organization or individual owning them if it is deemed that such transfer will not affect the enforcement of administrative violation sanctions.
Article 8. Revocation of the right to use licenses, certificates, and professional qualifications; notification of temporary retention of documents and revocation of the right to use licenses, certificates, and professional qualifications
1. In cases where a person commits multiple administrative violations involving the revocation of the right to use the same type of license, certificate, or professional qualification, only the longest term of revocation of the right to use that type of license, certificate, or professional qualification shall be applied; if they involve different types of licenses, certificates, or professional qualifications, each type of document shall be applied separately.
2. The term of revocation of the right to use licenses, certificates, and professional qualifications shall be calculated from the date of temporary retention of the licenses, certificates, and professional qualifications until the end of the revocation period stated in the decision.
3. In cases where documents are temporarily retained to ensure compliance with the sanction decision, but the violator fails to comply with the sanction decision beyond the period recorded in the record, within three days from the expiration date of the temporary retention recorded in the record, the authorized person imposing sanctions must notify in writing to the Waterway Police Department; in cases of revoking the right to use licenses, certificates, and professional qualifications, immediate notification must be made to the issuing authority and the Waterway Police Department. The notification must clearly state the type of temporarily retained or revoked document, the number and code of the document, the vehicle registration number, the name and address of the violator, and the administrative violation.
Article 9. Determination of Administrative Sanctioning Authority
The administrative sanctioning authority for violations in the inland waterway transport sector must be implemented strictly in accordance with the provisions of Articles 33, 34, 35, 36, 37, and 38 of Decree No. 60/2011/ND-CP and the following provisions:
1. For administrative violations occurring at inland waterway ports and wharfs that have not been announced or granted permission to operate, or at ports and wharfs that have been announced and granted permission to operate but are not within the management responsibility of the Inland Waterway Transport Inspection Authority, and are managed by the Port Management Board, the administrative sanctioning authority shall belong to those persons authorized to impose sanctions as stipulated in Decree No. 60/2011/ND-CP, except for the Director of the Inland Waterway Transport Inspection Authority.
2. When discovering vessels undergoing conversion that alter their structure, function, or purpose without approval from the design documentation outside new construction or repair facilities, the administrative sanctioning authority as stipulated in Decree No. 60/2011/ND-CP may impose sanctions on such violations according to Clause 3, Article 16 of Decree No. 60/2011/ND-CP.
3. On overlapping or shared patrol and control areas, the administrative sanctioning authority belongs to the force that first discovers the violation.
Article 10. Imposition of Sanctions for Violations Concerning Permits or Written Approvals for Sand, Gravel, and Other Mineral Extraction
1. The permit or written approval specified in Point c, Clause 6, Point c, Clause 1, Point c, Clause 8, and Point b, Clause 9, Article 7 of Decree No. 60/2011/ND-CP is a permit or written approval issued by the Ministry of Natural Resources and Environment or the People's Committee of the province allowing organizations or individuals to extract sand, gravel, and other minerals on inland waterways.
2. Vessels and equipment subject to confiscation as stipulated in Point b, Clause 11, Article 7 of Decree No. 60/2011/ND-CP are those vessels, tools, and machinery directly used in the extraction of sand, gravel, and other minerals. Floating structures such as barges, floating platforms, ships, boats, and engines that are not directly used in the extraction of sand, gravel, and other minerals are not considered vessels or equipment subject to confiscation under Point b, Clause 11, Article 7 of Decree No. 60/2011/ND-CP.
Article 11. Imposition of Sanctions for Violations Concerning the Operation of Vessels
1. The act of operating a non-motorized vessel with a total load capacity under 1 ton or carrying fewer than 5 people without ensuring safety as required shall be sanctioned for the act of operating a vessel without ensuring the safety conditions as prescribed by the People's Committee of the province where the vessel owner is registered.
2. If a vessel does not ensure safety conditions as stipulated in Point e, Clause 2, Point e, Clause 3, and Clause 5, Article 13 of Decree No. 60/2011/ND-CP, it will be sanctioned if it fails to meet any of the following requirements:
a) The hull of the vessel must be sturdy, free from holes, and must not allow water to seep inside; it must have at least one white light if the vessel operates at night; passenger-carrying vessels must provide sufficient seating for passengers to balance on the vessel and must have enough life jackets and personal flotation devices for the number of passengers allowed on board;
b) The engine installed on the vessel must be easy to start, secure, safe, and operate stably;
c) The dry margin of cargo-carrying vessels must be at least 100 mm; the dry margin of passenger-carrying vessels must be at least 200 mm;
d) The vessel must be measured to determine its dimensions and carrying capacity and marked with safe draft marks.
3. In cases where a non-motorized vessel with a total load capacity between 5 tons and 15 tons or carrying more than 12 people up to 30 people, or a motorized vessel with a main engine power between 5 horsepower and 15 horsepower or carrying between 5 people and 12 people as stipulated in Point e, Clause 3, and Point b, Clause 5, Article 13 of Decree No. 60/2011/ND-CP has undergone inspection but during operation, water leaks into the interior, the hull is punctured, warped, skewed, deformed, and the steering system does not match the initial state confirmed by the inspection authority, then it will be sanctioned for failing to ensure the safety condition of the vessel as prescribed.
Article 12. Penalty for acts of controlling vehicles causing disorder and traffic safety violations
When discovering violations stipulated in points a, b, c Clause 5 Article 22 of Decree No. 60/2011/NĐ-CP, but the violator does not acknowledge their fault, the administrative violation record must include the opinion of a witness.
Article 13. Penalty for violations concerning inland waterway ports and wharfs
1. Violations stipulated in Clause 2, Clause 3 Article 24 of Decree No. 60/2011/NĐ-CP apply to the owners of inland waterway wharfs.
2. Violations stipulated in Clause 4, Clause 5 Article 24 of Decree No. 60/2011/NĐ-CP apply to the owners of inland waterway ports.
Article 14. Penalty for violations concerning the operation of vessels in port waters and inland waterway wharfs
The act stipulated in Point a Clause 2 Article 25 of Decree No. 60/2011/NĐ-CP applies to the penalty of vessels without engines with a total gross weight from over 15 tons to 100 tons or carrying more than 30 people to 100 people, and vessels with engines having a main engine power from over 15 horsepower to 100 horsepower or carrying more than 12 people to 50 people.
Article 15. Sample size of the record form and decision form for administrative penalties
Based on the sample record form and decision form issued together with Decree No. 60/2011/NĐ-CP, the authority of the person with the right to impose administrative penalties may change the size of the forms for ease of use when imposing administrative penalties in the field of inland waterway transport, but shall not alter the content of the record form and decision form for administrative penalties.
Article 16. Effective Date
This Circular shall take effect from November 10, 2012.
Article 17. Responsibility for Implementation
The Ministry of Transport, the Ministry of Public Security, and the People's Committees of provinces and centrally governed cities shall direct subordinate agencies and persons authorized to impose administrative penalties under Decree No. 60/2011/NĐ-CP to implement this Circular.
During the implementation of this Circular, organizations and individuals involved should report any difficulties to the Ministry of Public Security (through the Waterway Police Department) and the Ministry of Transport (through the Vietnam Inland Waterways Administration) for timely guidance./.

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