Decree No. 42/2019/NĐ-CP on administrative penalties for violations in the fisheries sector

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 42/2019/NĐ-CP	Hanoi, May 16, 2019

DECREE

REGULATIONS ON ADMINISTRATIVE PENALTIES IN THE FIELD OF AQUACULTURE AND FISHERIES

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012;

Pursuant to the Fisheries Law dated November 21, 2017;

At the proposal of the Minister of Agriculture and Rural Development;

The Government issues this Decree prescribing administrative penalties in the field of aquaculture and fisheries.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree prescribes acts of administrative violations, forms and levels of penalties, measures to remedy consequences, authority to issue administrative violation notices, and authority to impose administrative penalties for each type of administrative violation in the field of aquaculture and fisheries.

2. Acts of administrative violations in the field of aquaculture and fisheries not prescribed in this Decree shall be handled according to regulations on administrative penalties in related fields of state management.

1. Organizations and individuals committing administrative violations related to plant seeds, plant protection, and plant quarantine within the territory of Vietnam.

1. Vietnamese organizations and individuals, foreign organizations and individuals (hereinafter referred to collectively as organizations and individuals) commit acts of administrative violations as prescribed in this Decree.

2. Organizations referred to in Clause 1 of this Article include:

a) Economic organizations established in accordance with the Enterprise Law, including: Sole proprietorship enterprises, joint-stock companies, limited liability companies, partnerships, and affiliated units of enterprises (branches, representative offices);

b) Economic organizations established in accordance with the Law on Cooperatives, including: Cooperatives, cooperative unions;

c) Organizations established in accordance with the Investment Law, including: Domestic investors, foreign investors, and economic organizations with foreign investment capital; representative offices and branches of foreign traders in Vietnam; representative offices of foreign trade promotion organizations in Vietnam;

d) Social organizations, political-social organizations, social-professional organizations;

đ) Public service units and other organizations as prescribed by law.

3. Business households must register their business operations in accordance with the law; family households committing acts of administrative violations as prescribed in this Decree shall be subject to administrative penalties as if they were individuals.

Time Limit for Administrative Penalties

The statute of limitations for administrative penalties in the field of aquaculture and fisheries is one year; except for cases of administrative violations concerning the production, purchase, import, export of fishing vessels, aquatic species, fish feed, environmental treatment products for aquaculture, and protection of aquatic resources, the statute of limitations for administrative penalties is two years.

Article 4. Forms of Administrative Sanctions and Measures to Mitigate Consequences

1. For a single act of administrative violation in the field of aquaculture and fisheries, organizations and individuals must bear the main form of penalty, which is a fine.

2. Depending on the nature and degree of violation, organizations and individuals committing such violations may also be subject to one or more supplementary forms of penalty as follows:

a) Suspension of the right to use licenses and certificates of practice for a period of time, suspension of activities for a period of time;

b) Confiscation of objects and means used to commit administrative violations, including: Fishing vessels, fishing gear, electric shock devices, prohibited substances, chemicals, prohibited chemicals, poisons, captured aquatic species and their products, certificates, confirmations, licenses, permits, certificates that have been erased or altered to misrepresent their contents.

3. In addition to the remedial measures prescribed in Clause 1 of Article 28 of the Law on Handling Administrative Violations, this Decree provides for the following remedial measures:

a) Compelling the release of live aquatic species back into their natural habitat;

b) Compelling the transfer of aquatic species listed in the Catalogue of Endangered, Precious, and Rare Aquatic Species that have died to the competent authorities for disposal;

c) Compelling the release of additional endangered, precious, and rare aquatic species as prescribed;

d) Compelling the restoration of the original condition of functional zones within Marine Protected Areas, habitats of aquatic species, marine areas, fishing port regions, fishing port waters, and fishing port facilities;

đ) Compelling the destruction or conversion of the purpose of use of aquatic species, aquatic species, aquatic products, fish feed, and environmental treatment products for aquaculture;

e) Compelling the re-export of aquatic species, aquatic species, fish feed, and environmental treatment products for aquaculture imported from abroad;

g) Compelling the recycling of fish feed and environmental treatment products for aquaculture;

h) Compelling the owner of a fishing vessel to pay the costs of repatriating Vietnamese citizens detained by foreign authorities;

i) Compelling the dismantling of fishing vessels prohibited from development or newly built or modified fishing vessels without approval from the competent authorities;

k) Compelling the hoisting of the National Flag of the Socialist Republic of Vietnam or the national flag;

l) Compelling the return of occupied areas;

m) Compelling the re-export of fishing vessels.

Article 5. Provisions on the maximum fine amount and authority to impose fines in fisheries activities

1. The maximum fine for administrative violations committed by individuals in the field of fisheries is 1,000,000,000 VND.

2. The fines prescribed in Chapter II of this Decree shall apply to administrative violations committed by individuals, except for violations stipulated in Article 40 of this Decree. In cases where organizations commit the same violations as individuals, the fine amount shall be twice the fine amount imposed on individuals.

3. The authority to impose administrative penalties prescribed in Chapter III of this Decree is the authority to penalize individuals. In cases involving fines, the authority to penalize organizations shall be twice the authority to penalize individuals.

Chapter II

ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF ADMINISTRATIVE PENALTY AND MEASURES TO REMEDY CONSEQUENCES

Section 1. VIOLATIONS OF PROVISIONS ON THE PROTECTION OF FISHERIES RESOURCES

Article 6. Violations of provisions on protecting the living environment of aquatic species

1. A fine shall be imposed on acts violating provisions on protecting the living environment of aquatic species that have not reached the level of criminal prosecution as follows:

a) A fine from 5,000,000 VND to 10,000,000 VND for acts of failing to provide migration corridors for aquatic species when fishing with fixed gear in rivers, lakes, ponds, and reservoirs; failing to create migration routes or provide migration corridors for aquatic species when constructing new, changing, or demolishing structures or engaging in activities related to migration routes of aquatic species; illegally obstructing natural migration routes of aquatic species;

b) A fine from 50,000,000 VND to 100,000,000 VND for acts of destroying fisheries resources or aquatic ecosystems or concentrated breeding areas of aquatic species; destroying habitats of aquatic species listed in the Catalogue of Aquatic Species in Danger of Extinction, Precious, and Rare Species or the Catalogue of Endangered, Precious, and Rare Species Requiring Priority Protection;

c) A fine from 100,000,000 VND to 150,000,000 VND for acts of encroaching upon or damaging protected fisheries resource areas;

d) A fine from 150,000,000 VND to 200,000,000 VND for acts of surveying, exploiting resources, constructing, or demolishing underwater or subaqueous structures causing a reduction or loss of fisheries resources or damage to the living environment, concentrated breeding areas, areas where young aquatic species live, or migration routes of aquatic species.

2. Additional forms of punishment:

Seizure of contraband items and means of violation for acts violating the provisions of Clause 1 of this Article.

3. Measures to remedy consequences:

Order restoration to the original state for acts violating the provisions of Points a, c, and d of Clause 1 of this Article.

Article 7. Violations of provisions on prohibited fishing zones

1. Fishing in prohibited zones or time-limited prohibited zones without reaching the level of criminal prosecution shall be punished as follows:

a) A fine from 10,000,000 VND to 15,000,000 VND for using fishing vessels with a maximum length under 12 meters to fish or fishing without using fishing vessels;

b) A fine from 20,000,000 VND to 30,000,000 VND for using fishing vessels with a maximum length from 12 meters to under 15 meters to fish;

c) A fine from 30,000,000 VND to 40,000,000 VND for using fishing vessels with a maximum length from 15 meters to under 24 meters to fish;

d) A fine from 40,000,000 VND to 50,000,000 VND for using fishing vessels with a maximum length of 24 meters or more to fish.

2. For acts using fishing vessels for trawling or light attraction fishing (excluding handline squid fishing) in violation of the provisions of Clause 1 of this Article, the fine shall be doubled compared to the fine specified in Clause 1 of this Article.

3. Additional forms of punishment:

Seizure of fishing gear for acts violating the provisions of Clause 1 and Clause 2 of this Article.

4. Measures to remedy consequences:

a) Order the release of live aquatic species back into their living environment for acts violating the provisions of Clause 1 and Clause 2 of this Article;

b) Order the transfer of dead aquatic species belonging to Group I of the Catalogue of Aquatic Species in Danger of Extinction, Precious, and Rare Species to competent authorities for handling for acts violating the provisions of Clause 1 and Clause 2 of this Article.

Article 8. Violation of regulations on managing endangered, precious, and rare aquatic species

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for failing to comply with the contents of the approval document or the exploitation plan of endangered, precious, and rare aquatic species.

2. Illegally exploiting aquatic species that do not meet the conditions specified in Group II of the List of Endangered, Precious, and Rare Aquatic Species, but not yet reaching the level of criminal prosecution, shall be punished as follows:

a) A fine of VND 3,000,000 to VND 5,000,000 if the quantity of aquatic species is less than 10 kg;

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

c) A fine of VND 20,000,000 to VND 30,000,000 if the quantity of aquatic species is from 20 kg to less than 50 kg;

d) A fine of VND 30,000,000 to VND 40,000,000 if the quantity of aquatic species is from 50 kg to less than 100 kg;

đ) A fine of VND 40,000,000 to VND 50,000,000 if the quantity of aquatic species is 100 kg or more.

3. Illegally exploiting aquatic species that belong to Group I of the List of Endangered, Precious, and Rare Aquatic Species, but not yet reaching the level of criminal prosecution, shall be punished as follows:

a) A fine of VND 30,000,000 to VND 40,000,000 if the quantity of aquatic species is less than 10 kg;

b) A fine of VND 40,000,000 to VND 50,000,000 if the quantity of aquatic species is from 10 kg to less than 20 kg;

c) A fine of VND 50,000,000 to VND 60,000,000 if the quantity of aquatic species is from 20 kg to less than 50 kg;

d) A fine of VND 60,000,000 to VND 70,000,000 if the quantity of aquatic species is from 50 kg to less than 100 kg;

đ) A fine of VND 70,000,000 to VND 100,000,000 if the quantity of aquatic species is 100 kg or more.

4. A fine of VND 50,000,000 to VND 100,000,000 shall be imposed for failing to release the required number of individuals of endangered, precious, and rare aquatic species produced back into natural waters within the prescribed time when permitted by the competent authority to exploit such species for research purposes to create breeding stock and produce aquatic species seedlings.

5. Additional forms of punishment:

Suspension of the right to use the Fishing Permit for three to six months for violations stipulated in points d and đ of Clause 2 and points d and đ of Clause 3 of this Article.

6. Measures to remedy consequences:

a) Compel the release of live aquatic species back into their habitat for violations stipulated in Clause 2 and Clause 3 of this Article;

b) Compel the transfer of dead endangered, precious, and rare aquatic species to the competent authority for handling for violations stipulated in Clause 2 and Clause 3 of this Article;

c) Compel the supplementary release of endangered, precious, and rare aquatic species according to regulations for violations stipulated in Clause 4 of this Article.

Article 9. Violation of regulations on managing marine protected areas

1. A fine of VND 50,000,000 to VND 70,000,000 shall be imposed for any of the following violations in the buffer zone of a marine protected area:

a) Illegally deploying buoys;

b) Conducting scientific investigations and research without prior approval from the competent state agency;

c) Illegally operating fishing vessels, ocean-going vessels, and other watercraft;

d) Organizing illegal service and tourism activities;

đ) Illegally constructing infrastructure works;

e) Illegally farming and harvesting aquatic species.

2. A fine of VND 70,000,000 to VND 100,000,000 shall be imposed for any of the violations stipulated in Clause 1 of this Article carried out in the service-administrative zone of a marine protected area.

3. A fine of VND 100,000,000 to VND 150,000,000 shall be imposed for any of the following violations in the ecological restoration zone of a marine protected area:

a) Violations stipulated in points a, b, c, and d of Clause 1 of this Article;

b) Actions prohibited in the ecological restoration zone.

4. A fine of VND 150,000,000 to VND 200,000,000 shall be imposed for any of the following actions carried out in the strictly protected zone:

a) Actions stipulated in point a and point b of Clause 1 of this Article;

b) Actions prohibited in the strictly protected zone.

5. Measures to remedy consequences:

Compel restoration to the original condition for violations stipulated in point đ of Clause 1 of this Article.

Section 2. VIOLATIONS OF PROVISIONS ON AQUATIC SEEDLINGS

Article 10. Violations concerning the production, rearing, and testing of aquatic seedlings

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following violations:

a) Failing to report during the process of producing and rearing aquatic seedlings as prescribed;

b) Failing to notify in writing the provincial fisheries management agency about the use of parent aquatic seedlings;

c) Failing to record and retain files during the process of producing and rearing aquatic seedlings for traceability purposes.

2. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for one of the following violations:

a) Failing to comply with the regulations on the usage period of parent aquatic seedlings;

b) Announcing incorrect test results.

3. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for the act of producing and rearing aquatic seedlings without a Certificate of Eligibility Conditions.

4. A fine of from VND 40,000,000 to VND 60,000,000 shall be imposed for the act of producing and rearing parent aquatic seedlings without a Certificate of Eligibility Conditions.

5. Measures to remedy consequences:

a) Order the change of purpose of use of aquatic seedlings if it meets the requirements for conversion; in cases where conversion is not possible, order the destruction of the aquatic seedlings and parent aquatic seedlings for violations stipulated in point a, Clause 2, Clause 3, and Clause 4 of this Article;

b) Order the correction of test results for violations stipulated in point b, Clause 2 of this Article.

Article 11. Violations concerning the export of aquatic seedlings

1. A fine of from VND 50,000,000 to VND 60,000,000 shall be imposed for the act of exporting aquatic seedlings listed in the Conditional Export Species List but failing to meet the conditions, except when authorized by the competent authority.

2. Measures to remedy consequences:

Order the release of live aquatic seedlings back into their natural habitat; in cases where it is not feasible to release them, order their destruction according to regulations for violations stipulated in Clause 1 of this Article.

Section 3. VIOLATIONS OF PROVISIONS ON AQUATIC FEED AND ENVIRONMENTAL TREATMENT PRODUCTS FOR AQUACULTURE

Article 13. Violations concerning the submission of information on aquatic feed products and environmental treatment products for aquaculture before circulation on the market

2. Measures to remedy consequences:

1. Circulating aquatic feed products and environmental treatment products for aquaculture on the market without submitting information to the Ministry of Agriculture and Rural Development as prescribed shall be penalized as follows:

a) A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for failing to submit information on less than three products;

b) A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for failing to submit information on three to less than five products;

c) A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for failing to submit information on five to less than ten products;

d) A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for failing to submit information on ten or more products.

Order the recycling of products if they meet recycling requirements or change their purpose of use if they meet the requirements for conversion; in cases where conversion is not possible, order the destruction of the products for violations stipulated in Clause 1 of this Article.

c) A fine of from thirty million dong to forty million dong for the act of not sending information on from five products to less than ten products;

d) A fine of from forty million dong to fifty million dong for the act of not sending information on ten or more products;

2. Measures to remedy consequences:

Obligate the recycling of the product if it meets the recycling requirements, or change the purpose of use if the product complies with the provisions for the intended purpose; in cases where the purpose of use cannot be changed, oblige the destruction of the product for violations stipulated in Clause 1 of this Article;

Article 14. Violation of provisions on conditions for production facilities, purchase, sale, import of aquatic feed, and environmental treatment products for aquaculture

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on facilities engaged in purchase, sale, or import that commit any of the following violations:

a) The place where aquatic feed and environmental treatment products for aquaculture are displayed or stored is not separated from plant protection chemicals, fertilizers, and harmful chemicals.

b) There is no equipment or tools for storing aquatic feed and environmental treatment products for aquaculture.

2. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed on the act of producing aquatic feed and environmental treatment products for aquaculture without a Certificate of Facility Meeting Conditions.

3. Measures to remedy consequences:

Order to change the purpose of use if the product meets the requirements for conversion purposes; in cases where it is impossible to change the purpose of use, order to destroy the entire batch of products for the violation stipulated in Clause 2 of this Article.

Article 15. Violation of provisions on production, import, purchase, and sale of aquatic feed, and environmental treatment products for aquaculture

1. Failure to record or retain production records according to the quality control process and biological safety standards shall be punished as follows:

a) A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on the act of failing to record or retain production records for less than five products.

b) A fine of VND 5,000,000 to VND 7,000,000 shall be imposed on the act of failing to record or retain production records for five to less than ten products.

c) A fine of VND 7,000,000 to VND 10,000,000 shall be imposed on the act of failing to record or retain production records for ten to less than fifteen products.

d) A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on the act of failing to record or retain production records for fifteen or more products.

2. Using raw materials of unknown origin or source to produce aquatic feed and environmental treatment products for aquaculture shall be punished as follows:

a) A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of using raw materials of unknown origin or source to produce less than three products.

b) A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on the act of using raw materials of unknown origin or source to produce three to less than five products.

c) A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on the act of using raw materials of unknown origin or source to produce five to less than ten products.

d) A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on the act of using raw materials of unknown origin or source to produce ten or more products.

3. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on the act of producing or importing aquatic feed and environmental treatment products for aquaculture containing components not listed in the Catalogue of Chemicals, Biological Formulations, Microorganisms, and Raw Materials Permitted for Use in Aquatic Feed Production in Vietnam.

4. Measures to remedy consequences:

a) Order to recycle if it meets the requirements for recycling purposes or change the purpose of use if it meets the requirements for conversion purposes; in cases where it is impossible to change the purpose of use, order to destroy the product for the violation stipulated in Clause 2 and the product produced domestically stipulated in Clause 3 of this Article.

b) Order to re-export imported aquatic feed and environmental treatment products for aquaculture; in cases where re-export is not possible, order to destroy the product for the violation stipulated in Clause 3 of this Article.

Article 16. Violations concerning regulations on testing aquatic feed and products for treating aquaculture environments

1. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for the act of announcing incorrect test results.

2. Measures to remedy consequences:

The violator must correct the test results in accordance with the provisions of Clause 1 of this Article.

Section 4. VIOLATIONS OF REGULATIONS ON AQUACULTURE

Article 17. Violations concerning conditions for aquaculture

1. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of not registering cage or raft aquaculture or not registering key aquaculture species.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for the act of not meeting the prescribed conditions regarding infrastructure or technical equipment.

3. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of conducting marine aquaculture without a permit issued by the competent state agency as prescribed.

4. Measures to remedy consequences:

The violator must dismantle the aquaculture facility that violates the provisions of Clause 3 of this Article.

Article 18. Violations concerning regulations on importing and exporting live aquatic animals

1. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for the act of importing live aquatic animals for food, ornamental, or recreational purposes without a permit issued by the competent authority as prescribed.

2. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for the act of exporting live aquatic animal species listed in the List of Live Aquatic Animal Species for Export Subject to Conditions without meeting the prescribed conditions, except where permitted by the competent authority.

3. Additional forms of punishment:

The consignment of live aquatic animals shall be confiscated for violations stipulated in Clauses 1 and 2 of this Article.

Article 19. Violations concerning regulations on breeding, growing, and artificial propagation of endangered, precious, and rare aquatic species not included in the Appendices of the CITES Convention

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for the act of not recording in the logbook the breeding, growing, and artificial propagation of endangered, precious, and rare aquatic species as prescribed.

2. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for the act of breeding, growing, and artificially propagating endangered, precious, and rare aquatic species listed in the Appendices of the CITES Convention without registering the facility code as prescribed.

3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of breeding, growing, and artificially propagating endangered, precious, and rare aquatic species of unknown origin or provenance as prescribed.

The aquatic species of unknown origin or provenance shall be confiscated for violations stipulated in Clause 3 of this Article.

4. Additional forms of administrative punishment:

Section 5. VIOLATIONS OF REGULATIONS ON FISHERIES EXPLOITATION

Article 20. Serious violations in fisheries exploitation

1. A fine of from VND 300,000,000 to VND 500,000,000 shall be imposed on the owner of fishing vessels committing one of the following acts:

a) Using fishing vessels with a maximum length of from 15 meters to less than 24 meters without a Fisheries Exploitation Permit or with an expired Fisheries Exploitation Permit to fish in Vietnam's territorial waters;

b) Using fishing vessels with a maximum length of 24 meters or more to transfer aquatic products from fishing vessels without a Fisheries Exploitation Permit, an expired permit, or to assist illegal fishing activities, except in cases of force majeure;

c) Not installing voyage monitoring equipment on fishing vessels with a maximum length of from 15 meters to less than 24 meters as prescribed;

d) Not maintaining or deactivating voyage monitoring equipment during operations at sea for fishing vessels with a maximum length of 24 meters or more, except in cases of force majeure;

đ) Not keeping a logbook of fisheries exploitation or a logbook of purchasing and transferring aquatic products for fishing vessels with a maximum length of 24 meters or more;

e) Providing voyage monitoring equipment to fishermen that does not meet the prescribed technical requirements.

2. A fine of from VND 500,000,000 to VND 700,000,000 shall be imposed on the owner of fishing vessels committing one of the following acts:

a) Using fishing vessels with a maximum length of from 15 meters to less than 24 meters to fish in Vietnam's territorial waters without a Fisheries Exploitation Permit or with an expired permit in cases of recidivism or repeated violations;

b) Using fishing vessels with a maximum length of 24 meters or more to transfer aquatic products from fishing vessels without a Fisheries Exploitation Permit, an expired permit, or to assist illegal fishing activities in cases of recidivism or repeated violations, except in cases of force majeure;

c) Not installing voyage monitoring equipment on fishing vessels with a maximum length of from 15 meters to less than 24 meters as prescribed in cases of recidivism or repeated violations;

d) Not maintaining or deactivating voyage monitoring equipment during operations at sea for fishing vessels with a maximum length of 24 meters or more in cases of recidivism or repeated violations, except in cases of force majeure;

đ) Not keeping a logbook of fisheries exploitation or a logbook of purchasing and transferring aquatic products for fishing vessels with a maximum length of 24 meters or more in cases of recidivism or repeated violations;

e) Concealing, falsifying, or destroying evidence of violations of regulations on fisheries exploitation and resource protection;

g) Not keeping a logbook of fisheries exploitation or inaccurately recording it compared to the requirements of the Regional Fisheries Management Organization or seriously misreporting to the Regional Fisheries Management Organization when exploiting fisheries resources in its managed waters;

h) Exceeding the catch limit set by the Regional Fisheries Management Organization.

3. A fine of from VND 800,000,000 to VND 1,000,000,000 shall be imposed on the owner of fishing vessels committing one of the following acts:

a) Using fishing vessels with a maximum length of 24 meters or more without a Fisheries Exploitation Permit or with an expired permit to fish in Vietnam's territorial waters;

Using fishing vessels with a maximum length of twenty-four meters or more without a Fishing Exploitation Permit or using a Fishing Exploitation Permit that has expired for fishing exploitation in Vietnam's territorial waters;

b) Engaging in fishing activities in the maritime zones of another country, territory, or regional fisheries management organization's jurisdiction without a permit, or with an expired permit, or without approval, or with an expired approval;

c) Foreign fishing vessels operating in Vietnam’s maritime zones without a permit, or with an expired permit;

d) Using stateless fishing vessels or those registered under non-member states to engage in illegal fishing activities in the maritime zones under the jurisdiction of regional fisheries management organizations;

đ) Using fishing vessels to engage in fishing activities in international waters outside the jurisdiction of regional fisheries management organizations contrary to regulations on fishing and resource protection;

e) Using fishing vessels to violate management and conservation regulations in international waters under the jurisdiction of regional fisheries management organizations where Vietnam is a member;

g) Failing to equip fishing vessels with voyage monitoring devices as required for vessels with a maximum length of twenty-four meters or more;

h) Concealing, falsifying, or destroying evidence of violations concerning fishing and resource protection in cases of repeat offenses;

i) Exceeding the catch limits permitted by regional fisheries management organizations in cases of repeat offenses;

4. Additional forms of administrative punishment:

a) Confiscating illegally harvested fish and unauthorized transshipment for violations specified in points a and b of Clause 1, points a and b of Clause 2, and points a, b, c, d, đ, and i of Clause 3 of this Article;

b) Confiscating fishing vessels for violations specified in points b, c, d, đ, and e of Clause 3 of this Article;

c) Revoking the right to use certificates and licenses for Vietnamese fishing vessel captains for six to twelve months for violations specified in Clauses 1, 2, and 3 of this Article;

d) Revoking the right to use fishing permits for six to twelve months for violations specified in point g of Clause 2, and points đ, e, and g of Clause 3 of this Article;

5. Measures to remedy consequences:

Obliging the owner of the fishing vessel to pay all costs for repatriating fishermen detained by foreign authorities and related expenses for violations specified in point b of Clause 3 of this Article;

Article 21. Violations concerning fishing zones

1. A fine of five million to ten million Vietnamese dong for using fishing vessels with a maximum length under twelve meters to engage in unauthorized fishing in coastal waters of other provinces;

2. A fine of ten million to fifteen million Vietnamese dong for using fishing vessels with a maximum length under twelve meters to engage in fishing in estuarine or offshore areas;

3. A fine of fifteen million to twenty million Vietnamese dong for using fishing vessels with a maximum length from twelve meters to less than fifteen meters to engage in fishing in coastal or offshore areas;

4. A fine of twenty million to thirty million Vietnamese dong for using fishing vessels with a maximum length from fifteen meters to less than twenty-four meters to engage in fishing in coastal or estuarine areas;

5. A fine of thirty million to forty million Vietnamese dong for using fishing vessels with a maximum length of twenty-four meters or more to engage in fishing in coastal or estuarine areas;

6. For using fishing vessels engaged in trawling, light attraction gear (excluding hand squid jigging) to engage in fishing in coastal waters as specified in Clauses 3, 4, and 5 of this Article, the fine shall be twice the amount specified in Clauses 3, 4, and 5 of this Article;

7. Additional forms of administrative sanction:

a) Revoking the right to use fishing permits for six to twelve months for violations specified in Clause 6 of this Article;

b) Revoking the right to use certificates and licenses for Vietnamese fishing vessel captains for one to six months for violations specified in Clauses 3, 4, 5, and 6 of this Article.

Article 22. Violation of the provisions on quota for fishing production

1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the act of overfishing by more than 10% but less than 20% of the permitted fishing production quota.

2. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for the act of overfishing by more than 20% but not exceeding 30% of the permitted fishing production quota.

3. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for the act of overfishing by 30% or more of the permitted fishing production quota.

4. Additional forms of administrative punishment:

a) Seizure of the excess fish caught beyond the permitted fishing production quota for violations stipulated in Clauses 1, 2, and 3 of this Article;

b) Revocation of the Fishing Permit usage rights for six to twelve months for violations stipulated in Clause 3 of this Article.

Article 23. Violation of the provisions on Fishing Permits

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

a) Operating a fishing vessel with a maximum length of six meters to under twelve meters to fish in Vietnam's territorial waters without a Fishing Permit or a Fishing Permit that has expired;

b) Operating a fishing vessel with a maximum length of under fifteen meters to fish in a manner inconsistent with the occupation specified in the Fishing Permit;

2. Imposing a fine of VND 30,000,000 to VND 50,000,000 for one of the following violations:

a) Operating a fishing vessel with a maximum length of twelve meters to under fifteen meters to fish in Vietnam's territorial waters without a Fishing Permit or a Fishing Permit that has expired;

b) Operating a fishing vessel with a maximum length of fifteen meters or more to fish in a manner inconsistent with the occupation specified in the Fishing Permit;

3. A fine of VND 50,000,000 to VND 70,000,000 shall be imposed for repeated offenses of any of the following violations:

a) Operating a fishing vessel with a maximum length of twelve meters to under fifteen meters to fish in Vietnam's territorial waters without a Fishing Permit or a Fishing Permit that has expired in case of repeated offense;

b) Operating a fishing vessel with a maximum length of fifteen meters or more to fish in a manner inconsistent with the occupation specified in the Fishing Permit in case of repeated offense.

4. Additional forms of administrative punishment:

a) Seizure of the fish caught for violations stipulated in Clauses 1, 2, and 3 of this Article;

b) Seizure of fishing gear for violations stipulated in point b Clause 1, Clause 2, and Clause 3 of this Article;

c) Revocation of the usage rights of certificates and licenses for fishing vessel captains from six to twelve months for violations stipulated in Clause 2 and Clause 3 of this Article.

Article 24. Violation of the provisions on transshipment of fishery products or support for illegal fishing vessels

1. A fine of VND 100,000,000 to VND 200,000,000 shall be imposed for the act of using a fishing vessel with a maximum length of under twenty-four meters to transship fish from illegal fishing vessels or to provide support for activities such as surveying, searching, luring, and transporting fish for fishing vessels confirmed to have engaged in illegal fishing, except in cases of force majeure.

2. A fine of VND 200,000,000 to VND 300,000,000 shall be imposed for repeated offenses of the violation stipulated in Clause 1 of this Article.

3. Additional forms of punishment:

a) Revocation of the usage rights of Fishing Permits, certificates, and licenses for fishing vessel captains from six to twelve months for violations stipulated in Clause 2 of this Article;

b) Seizure of illegally caught fish for violations stipulated in Clause 1 and Clause 2 of this Article.

Article 25. Violations concerning fishing logs and reports on fishing activities, purchase and transfer logs for fishing vessels

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

a) Failure to submit fishing activity reports for fishing vessels with a maximum length of from six meters to less than twelve meters as prescribed;

b) Recording inaccurately or incompletely fishing logs and purchase and transfer logs for fishing vessels with a maximum length of less than twenty-four meters as prescribed.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts of not having, not recording, or not submitting fishing logs and purchase and transfer logs for fishing vessels with a maximum length of less than twenty-four meters as prescribed.

3. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for the act of failing to record fishing logs and purchase and transfer logs for fishing vessels with a maximum length of from fifteen meters to less than twenty-four meters as prescribed, in cases of recidivism.

4. Additional forms of administrative punishment:

Suspension of the right to use the Fishing Permit, certificates, and licenses for fishing vessel captains for a period of one to three months for violations stipulated in Clause 3 of this Article.

Article 26. Violations concerning foreign organizations and individuals' fishing activities in Vietnam's territorial waters

1. A fine of VND 50,000,000 to VND 100,000,000 shall be imposed for any of the following violations:

a) Failure to notify the competent authority of Vietnam before bringing a vessel into Vietnam's territorial waters as prescribed;

b) Docking at a port other than that specified in the Fishing Activity Permit, except in cases of force majeure;

c) Not carrying all required documents as prescribed by Vietnamese law;

d) Not having, not recording, or recording inaccurately or incompletely, or not submitting: fishing logs, purchase and transfer logs, or not complying with reporting requirements as prescribed;

đ) Refusal to accept inspectors or returning inspectors to incorrect locations or failing to ensure working and living conditions for inspectors as prescribed by Vietnamese law.

2. A fine of VND 100,000,000 to VND 200,000,000 shall be imposed for operating outside the areas, occupations, or fields of activity specified in the Fishing Activity Permit.

3. A fine of VND 200,000,000 to VND 300,000,000 shall be imposed in cases of recidivism for violations stipulated in Clause 1 and Clause 2 of this Article.

4. Additional forms of administrative punishment:

a) Suspension of the right to use the Fishing Activity Permit for a period of three to six months for violations stipulated in Clause 1 of this Article;

b) Suspension of the right to use the Fishing Activity Permit for a period of six to twelve months for violations stipulated in Clause 2 and Clause 3 of this Article.

Article 27. Violations concerning fishing gear

1. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for illegally discarding fishing gear into natural water bodies.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for failing to mark fishing gear or marking fishing gear incorrectly as prescribed.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for using fishing gear to obstruct or cause damage to organizations or individuals legally engaged in fishing activities or anchoring in places where there is fishing gear of organizations or individuals legally engaged in fishing activities, except in cases of force majeure.

4. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for producing, buying, transporting, or storing prohibited fishing gear.

5. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for using prohibited fishing gear to engage in fishing activities without reaching the level of criminal prosecution.

6. Additional forms of punishment:

a) Confiscation of prohibited fishing gear for violations stipulated in Clause 4 and Clause 5 of this Article;

b) Suspension of the right to use the Fishing Permit for a period of three to six months for violations stipulated in Clause 5 of this Article.

Article 28. Violation of regulations on the use of electricity for fishing

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of using electric shocking devices to fish, in cases where there is no fishing vessel.

2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of storing, transporting, buying, or selling electric shocking devices for fishing.

3. A fine shall be imposed for the act of using electric shocking devices or directly using current from generators on fishing vessels to fish as follows:

a) A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for fishing vessels with a maximum length under 12 meters;

b) A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for fishing vessels with a maximum length from 12 meters to under 15 meters;

c) A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for fishing vessels with a maximum length of 15 meters or more.

4. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for the act of using electricity (grid power) to fish without reaching the level of criminal prosecution.

5. Additional forms of punishment:

a) Confiscation of electric shocking devices, generators, and fishing gear for violations stipulated in Clauses 1, 2, 3, and 4 of this Article;

b) Suspension of the right to use the Fishing Permit for three to six months for violations stipulated in Clause 3 and Clause 4 of this Article.

Article 29. Violation of regulations on storing and using prohibited substances, toxic chemicals, and poisons for fishing

1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for the act of storing prohibited substances, toxic chemicals, and poisons on fishing vessels.

2. A fine of from VND 50,000,000 to VND 70,000,000 shall be imposed for the act of using prohibited substances, toxic chemicals, poisons, or other chemicals to fish without reaching the level of criminal prosecution.

3. Additional forms of punishment:

a) Suspension of the right to use the Fishing Permit for three to six months for violations stipulated in Clause 1 and Clause 2 of this Article in cases where there is a Fishing Permit;

b) Confiscation of prohibited substances, chemicals, toxic chemicals, poisons, and fish caught for violations stipulated in Clause 1 and Clause 2 of this Article.

4. Measures to remedy consequences:

Compel restoration to the original state for violations stipulated in Clause 2 of this Article.

Article 30. Violation of regulations on flying the national flag and the National Flag of the Socialist Republic of Vietnam

1. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed for the act of not flying the National Flag of the Socialist Republic of Vietnam or flying it incorrectly on Vietnamese fishing vessels.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of not flying the national flag or the National Flag of the Socialist Republic of Vietnam or flying them incorrectly on foreign fishing vessels.

3. Measures to remedy consequences:

Compel the flying of the National Flag of the Socialist Republic of Vietnam or the national flag according to regulations for violations stipulated in Clause 1 and Clause 2 of this Article.

Section 6. VIOLATIONS OF REGULATIONS ON FISHING VESSELS, FISHERY HARBOURS, AND FISHERY ANCHORAGE AREAS FOR STORM EVACUATION OF FISHING VESSELS

Article 31. Violation of regulations on building new and modifying fishing vessels

1. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of building new or modifying fishing vessels not in accordance with approved technical designs.

2. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed for the act of building new or modifying fishing vessels without an approved technical design.

3. A fine of from VND 80,000,000 to VND 100,000,000 shall be imposed for the act of building new or modifying fishing vessels without a Certificate of Eligibility for Construction or not in accordance with the contents of the Certificate of Eligibility for Construction.

4. A fine of from VND 100,000,000 to VND 200,000,000 shall be imposed for the act of building new or modifying fishing vessels without approval from competent state authorities.

5. Additional forms of punishment:

Suspension of the right to use the Certificate of Eligibility for Construction of new and modified fishing vessels for one to three months for violations stipulated in Clauses 1, 2, and 3 of this Article.

6. Measures to remedy consequences:

Compel dismantling of fishing vessels for violations stipulated in Clause 2 and Clause 4 of this Article.

Article 32. Violation of regulations on importing fishing vessels (this does not apply to cases where fishing vessels are provided as aid by foreign governments to Vietnam)

1. A fine of VND 50,000,000 to VND 70,000,000 shall be imposed for the act of importing fishing vessels with characteristics and technical specifications that do not match the import permit.

2. Measures to remedy consequences:

The offending fishing vessel shall be ordered to be re-exported in accordance with the violation stipulated in Clause 1 of this Article.

Article 33. Violation of regulations on ensuring safety technology for fishing vessels

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of not equipping or equipping inadequately safety equipment for fishing vessels with a maximum length under 12 meters when engaging in fishing activities.

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of not equipping or equipping inadequately safety equipment for fishing vessels with a maximum length of 12 meters or more when engaging in fishing activities.

3. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for the act of not having a Certificate of Safety Technology for Fishing Vessels or a Certificate of Safety Technology for Fishing Vessels that has expired for fishing vessels with a maximum length of 12 meters or more when engaging in fishing activities.

Article 34. Violation of regulations on inspection of fishing vessels

1. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for the act of reporting inadequately about the inspection work of fishing vessels as prescribed.

2. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed for the act of not reporting about the inspection work of fishing vessels as prescribed.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of signing, using seals and professional stamps when preparing inspection files for fishing vessels and equipment installed on fishing vessels contrary to regulations.

4. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for the act of falsifying inspection results or conducting inspections not in accordance with national technical standards on classification and construction or inspecting fishing vessels without identifiable markings as prescribed.

5. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for any of the following violations:

a) Conducting inspection of fishing vessels at an inspection facility that has not been certified as an inspection facility meeting the conditions for inspection of fishing vessels;

b) Inspecting fishing vessels not in accordance with the contents in the Certificate of Conditions for Inspection Facilities Meeting the Conditions for Inspection of Fishing Vessels;

c) Conducting inspection of fishing vessels at an inspection facility that does not maintain the required conditions as prescribed;

6. Additional forms of punishment:

a) Suspension of the use of the Fishing Vessel Inspector's Card from three months to six months for the violation stipulated in Clause 3 of this Article;

b) Suspension of the use of the Certificate of Conditions for Inspection Facilities Meeting the Conditions for Inspection of Fishing Vessels from one month to three months for the violation stipulated in Clause 4 and points a, b, c of Clause 5 of this Article.

Article 35. Violation of regulations on communication equipment and voyage monitoring devices on fishing vessels

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of removing voyage monitoring devices on fishing vessels without supervision by the device provider or installer.

2. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for one of the following violations:

a) Not equipping communication equipment as prescribed;

b) Not maintaining operation or deactivating voyage monitoring devices during operations at sea for fishing vessels with a maximum length from 15 meters to less than 24 meters, except in cases of force majeure;

c) Not complying with regulations in case voyage monitoring devices are damaged, except in cases of force majeure;

d) Not reporting or reporting inaccurately about the installation of voyage monitoring devices on fishing vessels to management authorities for inspection as prescribed;

đ) Not implementing lead sealing when installing voyage monitoring devices on fishing vessels as prescribed or not notifying the management authority of the lead seal model as prescribed;

e) Not implementing data security for voyage monitoring of fishing vessels as prescribed.

3. A fine of VND 30,000,000 to VND 50,000,000 shall be imposed for repeated offenses of violating the provisions stipulated in Clause 1 and points b, c, and d of Clause 3 of this Article.

4. Additional forms of administrative punishment:

Suspension of the use of certificates and licenses for fishing vessel captains from three months to six months for the violation stipulated in point b of Clause 2 and Clause 3 of this Article.

Article 36. Violation of regulations on marking fishing vessels

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of not marking fishing vessels for identification or marking them incorrectly when using fishing vessels with a maximum length from 12 meters to less than 15 meters to exploit aquatic resources.

2. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for the act of not marking fishing vessels for identification or marking them incorrectly when using fishing vessels with a maximum length from 15 meters to less than 24 meters to exploit aquatic resources.

3. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed for the act of not marking fishing vessels for identification or marking them incorrectly when using fishing vessels with a maximum length of 24 meters or more to exploit aquatic resources.

Article 37. Violation of regulations on registering fishing vessels

1. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for the act of not writing the registration number of fishing vessels or writing it incorrectly.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of not registering fishing vessels or not re-registering fishing vessels as prescribed.

Article 38. Violation of regulations on crew members and workers on fishing vessels

1. A fine of VND 300,000 to VND 500,000 shall be imposed for crew members and workers on fishing vessels who do not carry personal identification documents.

2. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for crew members on fishing vessels whose names are not listed in the Fishing Vessel Crew Register.

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

a) The master or engineer does not have the required certificate.

b) Not having the Fishing Vessel Crew Register as prescribed.

4. For the act of not purchasing insurance for crew members on fishing vessels, the penalty shall be as follows:

a) A fine of VND 5,000,000 to VND 7,000,000 shall be imposed on the owner of fishing vessels who do not purchase insurance for crew members under three working on the vessel.

b) A fine of VND 7,000,000 to VND 10,000,000 shall be imposed on the owner of fishing vessels who do not purchase insurance for crew members from three to less than five working on the vessel.

c) A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on the owner of fishing vessels who do not purchase insurance for crew members from five to less than ten working on the vessel.

d) A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on the owner of fishing vessels who do not purchase insurance for crew members ten or more working on the vessel.

Article 39. Violation of regulations on fishery ports and anchorage areas for fishing vessels

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

a) Not reporting or reporting insufficiently the information as prescribed to the port management organization before entering or leaving the fishery port as prescribed.

b) Fishing vessels with a maximum length of 15 meters or more do not dock at fishery ports listed in the Designated Fishery Port List to load or unload aquatic products.

c) Not complying with the internal rules and directives of the port management organization, anchorage areas.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of controlling fishing vessels and other means causing damage to fishery port facilities.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of destroying, dismantling, or altering fishery port facilities and equipment.

4. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the act of encroaching upon land, water areas, or fishery port facilities.

5. Additional forms of punishment:

Seizure of contraband items for violations stipulated in Clause 3 of this Article.

6. Measures to remedy consequences:

a) Order restoration to the original state for violations stipulated in Clauses 2 and 3 of this Article;

b) Order return of the encroached area for violations stipulated in Clause 4 of this Article.

Article 40. Violation of regulations on fishery port management

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following violations:

a) Not recording fishing logs, purchase and transshipment logs, and fishing reports;

b) Not issuing internal rules for the fishery port and publicly announcing them at the fishery port;

c) Not providing a workplace for competent state agencies to conduct inspections, checks, and controls regarding compliance with laws at the fishery port;

d) Not promptly notifying competent state agencies to handle illegal fishing vessels;

đ) Not monitoring the volume of aquatic products being loaded and unloaded at the fishery port;

e) Operating the fishery port before it has been officially announced as open according to regulations.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for failing to verify aquatic products or product origins during loading and unloading at the fishery port or verifying incorrectly the origin of aquatic products from fishing operations at the fishery port.

3. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for allowing illegal fishing vessels to load and unload aquatic products at the fishery port.

Section 7. VIOLATIONS OF REGULATIONS ON COLLECTING, PREPARING, PROCESSING, STORING, AND TRANSPORTING AQUATIC PRODUCTS

Article 41. Violations of regulations on collecting, buying, storing, preparing, processing, storing, and transporting aquatic products

1. A fine shall be imposed for illegally collecting, buying, storing, preparing, processing, storing, and transporting aquatic species listed in Group II of the List of Aquatic Species in Danger of Extinction, Precious, and Rare Species without meeting the required conditions or aquatic products, product parts, and species listed in Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora of unknown origin that have not yet reached the level of criminal responsibility as follows:

a) A fine of from VND 10,000,000 to VND 15,000,000 if the quantity of aquatic products is less than 20 kg;

b) A fine of from VND 15,000,000 to VND 20,000,000 if the quantity of aquatic products is from 20 kg to less than 50 kg;

c) A fine of from VND 20,000,000 to VND 30,000,000 if the quantity of aquatic products is from 50 kg to less than 100 kg;

d) A fine of from VND 30,000,000 to VND 40,000,000 if the quantity of aquatic products is from 100 kg to less than 200 kg;

đ) A fine of from VND 40,000,000 to VND 50,000,000 if the quantity of aquatic products is from 200 kg to less than 500 kg;

e) A fine of from VND 50,000,000 to VND 60,000,000 if the quantity of aquatic products is 500 kg or more.

2. A fine shall be imposed for illegally collecting, buying, storing, preparing, processing, storing, and transporting aquatic products, product parts, and species listed in Group I of the List of Aquatic Species in Danger of Extinction, Precious, and Rare Species or aquatic products, product parts, and species listed in Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora of unknown origin that have not yet reached the level of criminal responsibility as follows:

a) A fine of VND 30,000,000 to VND 40,000,000 if the quantity of aquatic species is less than 10 kg;

b) A fine of VND 40,000,000 to VND 50,000,000 if the quantity of aquatic species is from 10 kg to less than 20 kg;

c) A fine of VND 50,000,000 to VND 60,000,000 if the quantity of aquatic species is from 20 kg to less than 50 kg;

d) A fine of VND 60,000,000 to VND 70,000,000 if the quantity of aquatic species is from 50 kg to less than 100 kg;

đ) A fine of from VND 70,000,000 to VND 80,000,000 if the quantity of aquatic products is from 100 kg to less than 500 kg;

e) A fine of from VND 80,000,000 to VND 100,000,000 if the quantity of aquatic products is 500 kg or more.

3. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for collecting, buying, preparing, storing, and transporting aquatic products of unknown origin in violation of the law.

4. Additional forms of administrative punishment:

Seizure of aquatic products for violations stipulated in Clause 1 and 2 of this Article.

Article 42. Violations concerning the importation, temporary importation, re-exportation, transshipment, transit of seafood originating from illegal, unreported, and unregulated fishing; exportation and importation of seafood

1. A fine shall be imposed for any of the following violations concerning the importation, temporary importation, re-exportation, transshipment, and transit of seafood originating from illegal fishing activities as follows:

a) A fine of between VND 50,000,000 and VND 100,000,000 for a consignment weighing less than 100 kilograms;

b) A fine of between VND 100,000,000 and VND 300,000,000 for a consignment weighing from 100 kilograms to less than 500 kilograms;

c) A fine of between VND 300,000,000 and VND 500,000,000 for a consignment weighing from 500 kilograms to less than 1,000 kilograms;

d) A fine of between VND 500,000,000 and VND 800,000,000 for a consignment weighing from 1,000 kilograms to less than 2,000 kilograms;

đ) A fine of between VND 800,000,000 and VND 1,000,000,000 for a consignment weighing 2,000 kilograms or more.

2. A fine shall be imposed for the unauthorized exportation of species of seafood that do not meet the conditions set forth in the List of Species of Seafood Subject to Conditional Exportation.

a) A fine of between VND 50,000,000 and VND 100,000,000 for a consignment weighing less than 100 kilograms;

b) A fine of between VND 100,000,000 and VND 300,000,000 for a consignment weighing from 100 kilograms to less than 500 kilograms;

c) A fine of between VND 300,000,000 and VND 500,000,000 for a consignment weighing from 500 kilograms to less than 1,000 kilograms;

d) A fine of between VND 500,000,000 and VND 800,000,000 for a consignment weighing from 1,000 kilograms to less than 2,000 kilograms;

đ) A fine of between VND 800,000,000 and VND 1,000,000,000 for a consignment weighing 2,000 kilograms or more.

3. A fine of between VND 50,000,000 and VND 60,000,000 shall be imposed for the unauthorized importation of species of seafood not listed in the List of Species of Seafood Permitted for Business in Vietnam, which does not reach the level of criminal prosecution.

4. Additional forms of administrative punishment:

The consignment shall be confiscated for violations stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

5. Measures to remedy consequences:

The species of seafood must be re-exported or its purpose of use changed if it meets the conditions for such change, or destroyed if re-exportation or change of purpose of use is not possible for violations stipulated in Clause 3 of this Article.

Section 8. OBSTRUCTING STATE MANAGEMENT ACTIVITIES IN THE FIELD OF SEAFOOD

Article 43. Acts obstructing state management activities in the field of seafood

1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for acts obstructing the investigation, survey, protection of seafood resources, and collection of data on seafood activities by competent state agencies.

2. Failure to comply with inspection, examination, and supervision by competent state agencies shall be penalized as follows:

a) A fine of between VND 3,000,000 and VND 5,000,000 for failure to comply with inspection, examination, and supervision by competent state agencies in the field of aquaculture;

b) A fine of between VND 15,000,000 and VND 20,000,000 for failure to comply with inspection, examination, and supervision by competent state agencies in the field of fishing and protection of seafood resources.

Article 44. Violations concerning certificates, confirmations, permits, authorization documents, and other certifications issued in the field of seafood, and other violations in this field

1. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for intentionally altering, tampering with, or falsifying the contents of certificates, confirmations, permits, authorization documents, and certifications issued in the field of seafood.

2. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for any of the following violations:

a) Exploiting investigations and assessments of seafood resources to affect the legitimate rights and interests of other organizations and individuals;

b) Providing, extracting, using information and data on seafood resources in violation of the law.

3. Additional forms of punishment:

Certificates, confirmations, permits, authorization documents, and certifications shall be confiscated for violations stipulated in Clause 1 of this Article.

Chapter III

AUTHORITY TO ISSUE VIOLATION RECORDS AND PENALIZE ADMINISTRATIVE VIOLATIONS

Article 45. Competence to draw up administrative violation records

1. Persons authorized to impose administrative penalties as provided for in Articles 46, 47, 48, 49, 50, 51, 52, and Article 53 of this Decree.

2. Personnel from the People's Army and People's Public Security within agencies specified in Articles 47, 48, and 49 of this Decree; civil servants and officials performing state management duties in the fisheries sector.

Article 46. Competence of the Chairman of the People's Committee

1. The Chairperson of the People's Committee at the commune level has the right to:

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

b) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in point a of this clause;

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

2. The Chairperson of the People's Committee at the district level has the right to:

a) Impose fines up to VND 50,000,000;

b) To suspend operations for a period of time or revoke the right to use licenses, certificates, and practice certificates issued by competent authorities for a period of time;

c) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in point a of this clause;

d) To apply remedial measures prescribed in points a, b, c, đ, e, h, and i of Clause 1, Article 28 of the Law on Handling Administrative Violations and points a, b, c, d, đ, e, g, k, l, and m of Clause 3, Article 4 of this Decree.

3. The Chairman of the Provincial People's Committee has the authority to:

a) To impose fines up to VND 1,000,000,000;

b) To suspend operations for a period of time or revoke the right to use licenses, certificates, and practice certificates issued by competent authorities for a period of time;

c) To confiscate objects and means of administrative violations;

d) To apply remedial measures prescribed in Clause 1, Article 28 of the Law on Handling Administrative Violations and Clause 3, Article 4 of this Decree.

Article 47. Competence of the People's Public Security

1. Public security officers performing their duties have the authority to:

To impose fines up to VND 500,000.

2. The station chief, team leader of those specified in Clause 1 of this Article have the right to:

To impose fines up to VND 1,500,000.

3. Chiefs of public security stations at commune level, chiefs of public security posts, and chiefs of public security checkpoints at border gates and export processing zones have the authority to:

a) To impose fines up to VND 2,500,000;

b) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in point a of this clause;

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

4. The Head of the County Public Security Department, the Head of the Provincial Environmental Police Department have the authority:

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

b) To suspend operations for a period of time or revoke the right to use licenses, certificates, and practice certificates issued by competent authorities for a period of time;

c) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in point a of this clause;

d) To apply remedial measures prescribed in points a, c, đ, and k of Clause 1, Article 28 of the Law on Handling Administrative Violations and points a, b, c, d, đ, e, g, i, k, l, and m of Clause 3, Article 4 of this Decree.

5. The Director of the Provincial Police Department has the authority to:

a) Impose fines up to VND 50,000,000;

b) To suspend operations for a period of time or revoke the right to use licenses, certificates, and practice certificates issued by competent authorities for a period of time;

c) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in point a of this clause;

d) To apply remedial measures prescribed in points a, c, đ, and i of Clause 1, Article 28 of the Law on Handling Administrative Violations and points a, b, c, d, đ, e, g, i, k, l, and m of Clause 3, Article 4 of this Decree.

6. The Director of the Traffic Police Department has the authority:

a) To impose fines up to VND 1,000,000,000;

b) To suspend operations for a period of time or revoke the right to use licenses, certificates, and practice certificates issued by competent authorities for a period of time;

c) To confiscate objects and means of administrative violations;

d) To apply remedial measures prescribed in points a, c, đ, and i of Clause 1, Article 28 of the Law on Handling Administrative Violations and points a, b, and d of Clause 3, Article 4 of this Decree.

Article 48. Competence of the Border Guard

1. Border Guard soldiers performing official duties have the right:

To impose fines up to VND 500,000.

2. The station chief, team leader of those specified in Clause 1 of this Article have the right to:

To impose fines up to VND 2,500,000.

3. The Head of a Border Guard Post, the Commander of a Border Guard Squadron, the Commander of a Border Guard District, and the Commander of a Border Gate Port Border Guard shall have the authority:

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

b) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in point a of this clause;

c) To apply remedial measures prescribed in points a, c, and đ of Clause 1, Article 28 of the Law on Handling Administrative Violations and points a, b, d, and k of Clause 3, Article 4 of this Decree.

4. The Commander of the Provincial Border Guard, the Commander of the Coastal Border Guard Squadron under the Command of the Border Guard have the authority:

a) To impose fines of VND 1,000,000,000;

b) To suspend operations for a period of time or revoke the right to use licenses, certificates, and practice certificates issued by competent authorities for a period of time;

c) To confiscate objects and means of administrative violations;

d) To apply remedial measures prescribed in points a, b, c, d, and i of Clause 1, Article 28 of the Law on Handling Administrative Violations and points a, b, d, h, k, and l of Clause 3, Article 4 of this Decree.

Article 49. Competence of the Coast Guard

1. Coast Guard officers performing their duties have the right to:

To impose fines up to VND 1,500,000.

2. The head of the Coast Guard business affairs team have the right to:

A fine of up to five million dong.

3. The Head of the Maritime Police Operational Team, the Head of the Maritime Police Station have the right to:

a) A fine of up to ten million dong;

b) Apply the measures to remedy consequences prescribed in points a, b, and đ Clause 1, Article 28 of the Law on Handling Administrative Violations.

4. The maritime squadron commander have the right to:

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

b) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in point a of this clause;

c) Apply the measures to remedy consequences prescribed in points a, c, d, and đ Clause 1, Article 28 of the Law on Handling Administrative Violations and points a, b, d, k, and l Clause 3, Article 4 of this Decree.

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

a) Impose fines up to VND 50,000,000;

b) Confiscate the objects and means of administrative violations with a value not exceeding the amount of the fine prescribed in point a of this clause

c) Apply the measures to remedy consequences prescribed in points a, c, d, đ Clause 1, Article 28 of the Law on Handling Administrative Violations and points a, b, d, k, and l Clause 3, Article 4 of this Decree.

6. Commanders of Coast Guard Zones have the right:

a) A fine of up to one hundred million dong;

b) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in point a of this clause;

c) Apply the measures to remedy consequences prescribed in points a, c, d, and đ Clause 1, Article 28 of the Law on Handling Administrative Violations and points a, b, d, k, and l Clause 3, Article 4 of this Decree.

7. The Commander of the Coast Guard has the authority:

a) To impose fines up to VND 1,000,000,000;

b) To suspend operations for a period of time or revoke the right to use licenses, certificates, and practice certificates issued by competent authorities for a period of time;

c) To confiscate objects and means of administrative violations;

d) Apply the measures to remedy consequences prescribed in points a, b, c, d, and đ Clause 1, Article 28 of the Law on Handling Administrative Violations and points a, b, d, h, k, and l Clause 3, Article 4 of this Decree.

Article 50. Competence of Customs

1. Customs officials performing official duties have the right to:

To impose fines up to VND 500,000.

2. The Head of the Customs Sub-department, the Head of the Post-Customs Inspection Sub-department have the authority:

A fine of up to five million dong.

3. The Head of the Customs Sub-department, the Head of the Post-Customs Inspection Sub-department, the Head of the Control Team under the Provincial, Inter-provincial, and Central City Customs Bureau, the Head of the Anti-Smuggling Control Team, the Head of the Customs Procedure Team, the Head of the Marine Control Squadron, and the Head of the Intellectual Property Protection Control Team under the Anti-Smuggling Investigation Department of the General Department of Customs have the authority:

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

b) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in point a of this clause;

c) Apply the measures to remedy consequences prescribed in points d, đ, g, and i Clause 1, Article 28 of the Law on Handling Administrative Violations and points đ, e, g, and m Clause 3, Article 4 of this Decree.

4. The Director of the Anti-Smuggling Investigation Department, the Director of the Post-Customs Inspection Department under the General Department of Customs, the Director of the Provincial, Inter-provincial, and Central City Customs Bureau have the authority:

a) Impose fines up to VND 50,000,000;

b) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in point a of this clause;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Apply the measures to remedy consequences prescribed in points d, đ, g, and i Clause 1, Article 28 of the Law on Handling Administrative Violations and points đ, e, g, and m Clause 3, Article 4 of this Decree.

5. Chiefs of the General Department of Customs have the authority to:

a) To impose fines up to VND 1,000,000,000;

b) Confiscate contraband items and means of transport for administrative violations;

c) Apply the measures to remedy consequences prescribed in points d, đ, g, and i Clause 1, Article 28 of the Law on Handling Administrative Violations and points đ, e, g, and m Clause 3, Article 4 of this Decree.

Article 51. Competence of Market Management

1. Market inspectors performing their duties have the right to:

To impose fines up to VND 500,000.

2. The Head of the Market Management Team has the right to:

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

b) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in point a of this clause;

c) Apply the measures to remedy consequences prescribed in points a, đ, e, g, and i Clause 1, Article 28 of the Law on Handling Administrative Violations and points đ, e, and g Clause 3, Article 4 of this Decree.

3. The Director of the Provincial Market Management Department and the Director of the Market Management Business Department directly under the General Department of Market Management have the authority:

a) Impose fines up to VND 50,000,000;

b) To suspend operations for a period of time or revoke the right to use licenses, certificates, and practice certificates issued by competent authorities for a period of time;

c) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in point a of this clause;

d) Apply the measures to remedy consequences prescribed in points a, c, d, đ, e, g, h, and i Clause 1, Article 28 of the Law on Handling Administrative Violations and points đ, e, and g Clause 3, Article 4 of this Decree.

4. The Director of the General Department of Market Management has the authority:

a) To impose fines up to VND 1,000,000,000;

b) To suspend operations for a period of time or revoke the right to use licenses, certificates, and practice certificates issued by competent authorities for a period of time;

c) To confiscate objects and means of administrative violations;

d) Apply the measures to remedy consequences prescribed in points a, c, d, đ, e, g, h, and i Clause 1, Article 28 of the Law on Handling Administrative Violations and points đ, e, and g Clause 3, Article 4 of this Decree.

Article 52. Competence of Inspectors

1. Specialized agricultural inspectors, persons assigned to perform specialized fisheries inspection tasks, quality management of agricultural and forestry products and aquatic products while performing their duties have the authority:

a) A fine of up to five hundred thousand dong;

b) Confiscate the objects and means of administrative violations with a value not exceeding the amount of the fine prescribed in point a of this clause.

2. The Chief Inspector of the Department of Agriculture and Rural Development, the Head of the Fisheries Management Sub-department with the function of specialized management of fisheries, quality management of agricultural and forestry products and aquatic products; the Head of the specialized inspection team of the General Fisheries Department, the Quality Management Department of Agricultural and Forestry Products and Aquatic Products; the Head of the specialized inspection team of the Department of Agriculture and Rural Development; the Head of the specialized inspection team of the Sub-department with the function of specialized management of fisheries, quality management of agricultural and forestry products and aquatic products have the authority:

a) Impose fines up to VND 50,000,000;

b) To suspend operations for a period of time or revoke the right to use licenses, certificates, and practice certificates issued by competent authorities for a period of time;

c) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in point a of this clause;

d) Apply the measures to remedy consequences prescribed in Clause 1, Article 28 of the Law on Handling Administrative Violations and Clause 3, Article 4 of this Decree.

3. The Head of the specialized inspection team of the Ministry of Agriculture and Rural Development have the authority:

a) A fine of up to two hundred and fifty million dong;

b) To suspend operations for a period of time or revoke the right to use licenses, certificates, and practice certificates issued by competent authorities for a period of time;

c) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in point a of this clause;

d) Apply the measures to remedy consequences prescribed in Clause 1, Article 28 of the Law on Handling Administrative Violations and Clause 3, Article 4 of this Decree.

4. The Chief Inspector of the Ministry of Agriculture and Rural Development, the Director of the General Fisheries Department, the Director of the Animal Health Department, the Director of the Quality Management Department of Agricultural and Forestry Products and Aquatic Products have the authority:

a) To impose fines up to VND 1,000,000,000;

b) To suspend operations for a period of time or revoke the right to use licenses, certificates, and practice certificates issued by competent authorities for a period of time;

c) To confiscate objects and means of administrative violations;

d) Apply the measures to remedy consequences prescribed in Clause 1, Article 28 of the Law on Handling Administrative Violations and points a, b, c, d, đ, e, g, i, k, l, and m Clause 3, Article 4 of this Decree.

Article 53. Competence of Fisheries Inspectors

1. Fisheries Inspectors performing their duties have the right to:

a) A fine of up to five hundred thousand dong;

b) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in point a of this clause;

2. The Station Director of the Fisheries Inspection Station under the Fisheries Inspection Branch of the Region has the authority:

a) A fine of up to ten million dong;

b) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in point a of this clause;

c) To apply the measures to remedy consequences specified in points a, b and i clause 1 Article 28 Law on Handling Administrative Violations and points a, b, d, k and l clause 3 Article 4 of this Decree.

3. The Director of the Fisheries Inspection Branch of the Region has the authority:

a) A fine of up to one hundred million dong;

b) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in point a of this clause;

c) To apply the measures to remedy consequences specified in points a, b, d, i clause 1 Article 28 Law on Handling Administrative Violations and points a, b, d, k and l clause 3 Article 4 of this Decree.

4. The Director of the Fisheries Inspection Department has the authority:

a) To impose fines up to VND 1,000,000,000;

b) To suspend operations for a period of time or revoke the right to use licenses, certificates, and practice certificates issued by competent authorities for a period of time;

c) To confiscate objects and means of transport used for administrative violations with a value not exceeding the amount of fine prescribed in point a of this clause;

d) To apply the measures to remedy consequences specified in points a, b and i clause 1 Article 28 Law on Handling Administrative Violations and points a, b, d, k and l clause 3 Article 4 of this Decree.

Article 54. Division of Competence to Impose Penalties

1. The General Director of the Fisheries General Department, the Chairman of the People's Committee at provincial level shall impose penalties for administrative violations stipulated in Articles 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43 and 44 of this Decree.

2. Competence to impose penalties for administrative violations of the Chairmen of the People's Committees at commune and district levels:

a) The Chairman of the People's Committee at commune level shall impose penalties for administrative violations stipulated in clauses 1 and 2 Article 19; clause 1 Article 27; clause 1 Article 28; clause 1 Article 30; clause 1 Article 35; clause 1 Article 36; clause 1 Article 37; clauses 1 and 2 Article 38; clause 1 Article 39; clause 1 Article 40 and point a clause 2 Article 43 of this Decree;

b) The Chairman of the People's Committee at district level shall impose penalties for administrative violations stipulated in clause 1 Article 6; clause 1 Article 7; clauses 1, 2 and points a, b clause 3 Article 8; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Article 21; clauses 1 and 2 Article 23; Article 25; Article 27; Article 28; clause 1 Article 29; Article 30; Article 33; Article 35; Article 36; Article 37; Article 38; Article 39; Article 40; points a, b, c, d and đ clause 1, points a, b clause 2, clause 3 Article 41; Article 43 and Article 44 of this Decree.

3. Competence to impose penalties for administrative violations of the People's Public Security:

a) Public Security soldiers shall impose penalties for administrative violations stipulated in clause 1 Article 38 of this Decree;

b) The Station Director, Team Leader of Public Security soldiers shall impose penalties for administrative violations stipulated in clauses 1 and 2 Article 38 of this Decree;

c) The Head of Public Security at commune level, the Head of Police Station shall impose penalties for administrative violations stipulated in clauses 1 and 2 Article 19; clause 1 Article 37 and clauses 1 and 2 Article 38 of this Decree;

d) The Head of Public Security at district level shall impose penalties for administrative violations stipulated in point a clause 1 Article 6; points a and b clause 1 Article 7; clause 1, points a, b and c clause 2 Article 8; clauses 1, 2 Article 10; Article 12; Article 13; clause 1 Article 14; clauses 1, 2 Article 15; Article 17; Article 19; clauses 1, 2, 3 and 4 Article 21; clause 1 Article 23; clauses 1, 2 Article 25; Article 27; clauses 1, 2 and points a, b clause 3 Article 28; clause 1 Article 29; Article 30; Article 33; clauses 1, 2 Article 35; Article 36; Article 37; Article 38; Article 39; clauses 1, 2 Article 40; points a, b, c clause 1 Article 41; Article 43 and clause 1 Article 44 of this Decree;

đ) The Head of Provincial Environmental Police Department shall impose penalties for administrative violations stipulated in point a clause 1 Article 6 of this Decree;

e) The Director of Public Security at provincial level shall impose penalties for administrative violations stipulated in point a clause 1 Article 6; clause 1 Article 7; clauses 1 and 2 and points a, b clause 3 Article 8; Article 10; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; clauses 1, 2, 3, 4 and 5 Article 21; clauses 1, 2 Article 23; Article 25; Article 27; Article 28; clause 1 Article 29; Article 30; Article 33; Article 35; Article 36; Article 37; Article 38; Article 39; Article 40; points a, b, c, d and đ clause 1, points a, b clause 2 Article 41; Article 43 and Article 44 of this Decree;

g) The Director of the Traffic Police Department shall impose penalties for administrative violations stipulated in Article 6; point a clause 1 Article 7; clause 1 Article 21; clause 1 Article 23; Article 28; Article 29; clause 1 Article 33; Article 41; Article 43; clause 1 Article 44 of this Decree.

4. Competence to impose penalties for administrative violations of the Border Guard:

a) Border Guard soldiers shall impose penalties for administrative violations stipulated in clause 1 Article 38 of this Decree;

b) The Station Director, Team Leader of Border Guard soldiers shall impose penalties for administrative violations stipulated in clause 1 Article 27; clause 1 Article 37; clauses 1, 2 Article 38 of this Decree;

c) The Commander of Border Guard Post, the Commander of Coast Guard Squadron, the Commander of Border Guard Sub-sector shall impose penalties for administrative violations stipulated in point a clause 1 Article 6; points a, b clause 1 Article 7; points a, b and c clause 2 Article 8; clauses 1, 2, 3 and 4 Article 21; clause 1 Article 23; Article 27; clauses 1, 2 and point a, b clause 3 Article 28; clause 1 Article 29; Article 30; Article 33; clauses 1, 2 and clause 3 Article 35; Article 36; Article 37; Article 38; Article 43 and clause 1 Article 44 of this Decree;

d) The Commander of Border Guard at provincial level, the Commander of Coast Guard Squadron under the Command of Border Guard shall impose penalties for administrative violations stipulated in Article 6; Article 7; Article 8; Article 21; Article 23; Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30; Article 33; Article 35; Article 36; Article 37; Article 38; clause 1 and point b clause 2 Article 43 and clause 1 Article 44 of this Decree.

5. Competence to impose penalties for administrative violations of the Maritime Police:

a) Maritime Police officers shall impose penalties for administrative violations stipulated in clauses 1, 2 Article 38 of this Decree;

b) The Team Leader of Maritime Police Operations Team shall impose penalties for administrative violations stipulated in clause 1 Article 27; clause 1 Article 30; clause 1 Article 37; clauses 1, 2 Article 38 of this Decree;

c) The Head of the Coast Guard Business Team, the Station Chief of the Coast Guard Station shall impose administrative penalties on acts of administrative violation as stipulated at point a, Clause 1, Article 6; point a, b, Clause 2, Article 8; Clause 1, Article 21; Clause 1, Article 25; Clauses 1, 2, 3, Article 27; Clause 1, Article 28; Article 30; Clause 1, Article 33; Clause 1, Article 35; Article 36; Article 37; Clauses 1, 2, 3 and points a, b, Clause 4, Article 38 and Clause 1, Article 43 of this Decree;

d) The Commander of the Coast Guard Squadron shall impose administrative penalties on acts of administrative violation as stipulated at point a, Clause 1, Article 6; points a, b, Clause 1, Article 7; Clause 1, points a, b, c, Clause 2, Article 8; Clauses 1, 2, Article 25; Article 27; Clauses 1, 2 and points a, b, Clause 3, Article 28; Clause 1, Article 29; Article 30; Article 33; Clauses 1, 2, Article 35; Article 36; Article 37; Article 38; points a, b, Clause 1, Article 41; Clause 1 and point b, Clause 2, Article 43 and Clause 1, Article 44 of this Decree;

đ) The Commander of the Coast Guard Flotilla shall impose administrative penalties on acts of administrative violation as stipulated at point a, Clause 1, Article 6; Clause 1, Article 7; Clause 1, Clause 2, points a, b, Clause 3, Article 8; Clauses 1, 2, 3, 4, 5, Article 21; Clauses 1, 2, Article 23; Article 25; Article 27; Article 28; Clause 1, Article 29; Article 30; Article 33; Article 35; Article 36; Article 37; Article 38; points a, b, Clause 1, Article 41; Clause 1 and point b, Clause 2, Article 43; Clause 1, Article 44 of this Decree;

e) The Commander of the Coast Guard Zone shall impose administrative penalties on acts of administrative violation as stipulated at points a, b, Clause 1, Article 6; Article 7; Article 8; Clause 1, Article 9; Article 21; Article 23; Article 25; Clause 1, Article 26; Article 27; Article 28; Article 29; Article 30; Article 33; Article 35; Article 36; Article 37; Article 38; Article 39; Article 41; Clause 1 and point b, Clause 2, Article 43 and Clause 1, Article 44 of this Decree;

g) The Commander of the Coast Guard Service shall impose administrative penalties on acts of administrative violation as stipulated at Article 6; Article 7; Article 8; Article 9; Article 21; Article 23; Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30; Article 33; Article 35; Article 36; Article 37; Article 38; Article 39; Article 41; Clause 1 and point b, Clause 2, Article 43 and Clause 1, Article 44 of this Decree.

6. Competence to impose administrative penalties of Customs:

a) The Director of the Customs Branch, the Director of the Post-Clearance Inspection Branch, the Head of the Control Team under the Provincial, Interprovincial, and Central City Customs Bureau, the Head of the Anti-Smuggling Control Team, the Head of the Customs Procedure Team, the Commander of the Sea Control Squadron, and the Head of the Intellectual Property Protection Control Team under the General Department of Customs Investigation and Anti-Smuggling shall impose administrative penalties on acts of administrative violation as stipulated at Clause 1, Article 44 of this Decree;

b) The Director of the Anti-Smuggling Investigation Department, the Director of the Post-Clearance Inspection Department under the General Department of Customs, and the Director of the Provincial, Interprovincial, and Central City Customs Bureau shall impose administrative penalties on acts of administrative violation as stipulated at Clause 3, Article 15; Article 18 and Clause 1, Article 44 of this Decree;

c) The Director of the General Department of Customs shall impose administrative penalties on acts of administrative violation as stipulated at Article 11; Clause 3, Article 15; Article 18; Article 32; Article 42 and Clause 1, Article 44 of this Decree.

7. Competence to impose administrative penalties of Market Management:

a) The Head of the Market Management Team shall impose administrative penalties on acts of administrative violation as stipulated at Article 12; Article 13; Clause 1, Article 14; Clause 3, Article 19; points a, b, c, Clause 1, Article 41 and Clause 1, Article 44 of this Decree;

b) The Director of the Provincial Market Management Department and the Director of the Market Management Business Department under the General Department of Market Management shall impose administrative penalties on acts of administrative violation as stipulated at Article 11; Clause 1, Article 14; Clause 2, Article 15; Clause 1, Article 18; Clause 3, Article 19 and Clause 1, Article 44 of this Decree;

c) The Director of the General Department of Market Management shall impose administrative penalties on acts of administrative violation as stipulated at Article 11; Clause 1, Article 14; Clauses 2 and 3, Article 15; Article 18; Clause 3, Article 19; Article 32; Article 41; Article 42 and Clause 1, Article 44 of this Decree.

8. Competence to impose administrative penalties of Inspection:

a) The specialized agricultural inspection officer, the person assigned to perform the specialized fisheries inspection task shall impose administrative penalties on acts of administrative violation as stipulated at Clause 1, Article 38 of this Decree;

b) The Inspector General of the Department of Agriculture and Rural Development; the Head of the Specialized Inspection Team of the Department of Agriculture and Rural Development; the Director of the Fisheries Management Agency with specialized management functions over fisheries; the Head of the Specialized Inspection Team of the Fisheries Management Agency with specialized management functions over fisheries; the Head of the Specialized Inspection Team of the General Fisheries Department shall impose administrative penalties on acts of administrative violation as stipulated at Clause 1, Article 6; Clause 1, Article 7; Clause 1, Clause 2, points a, b, Clause 3, Article 8; Article 10; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Clauses 1, 2, 3, 4, 5, Article 21; Article 22; Clauses 1, 2, Article 23; Article 25; Article 27; Article 28; Clause 1, Article 29; Article 30; Clauses 1, 2, Article 31; Article 33; Article 34; Article 35; Article 36; Article 37; Article 38; Article 39; Article 40; Clauses 1, points a, b, c, d, đ; Clause 2, points a, b; Clause 3, Article 41; Article 43 and Article 44 of this Decree;

c) The Director of the Quality Management Agency for Forestry, Agricultural, and Aquatic Products; the Head of the Specialized Inspection Team of the Quality Management Agency for Forestry, Agricultural, and Aquatic Products; the Head of the Specialized Inspection Team of the Quality Management Agency for Forestry, Agricultural, and Aquatic Products with specialized management functions over quality management of forestry, agricultural, and aquatic products shall impose administrative penalties on acts of administrative violation as stipulated at points a, b, c, d, đ, Clause 1 and points a, b, Clause 2, Article 41 and Clause 1, Article 44 of this Decree;

d) The Head of the Specialized Inspection Team of the Ministry of Agriculture and Rural Development's Fisheries Department shall impose administrative penalties on acts of administrative violation as stipulated at Article 8; Article 10; Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Article 31; Article 32; Article 33; Article 34; Article 35; Article 36; Article 37; Article 38; Article 39; Article 40; Article 41; Clause 1, points a, b; Clause 2, points a, b; Clause 3, Article 42; Article 43 and Article 44 of this Decree;

đ) The Head of the Ministry of Agriculture and Rural Development's Inspectorate shall impose administrative penalties on acts of administrative violation as prescribed in Articles 8; 10; 11; 12; 13; 14; 15; 16; 17; 18; 19; 21; 22; 23; 32; 33; 34; 35; 36; 37; 38; 39; 40; 41; 42; and 44 of this Decree;

e) The Director of the Directorate for Quality Assurance of Agricultural Products, Forestry Products and Fisheries shall impose administrative penalties on acts of administrative violation as prescribed in Articles 41; 42 and Clause 1 Article 44 of this Decree;

g) The Director of the Animal Health Department shall impose administrative penalties on acts of administrative violation as prescribed in Article 42 and Clause 1 Article 44 of this Decree.

9. Administrative penalty imposition authority of Fishery Inspectors:

a) Fishery Inspectors shall impose administrative penalties on acts of administrative violation as prescribed in Clause 1 Article 38 of this Decree;

b) The Station Chief of Fishery Inspection Stations under Regional Fishery Inspection Services shall impose administrative penalties on acts of administrative violation as prescribed in Point a Clause 1 Article 6; Point a, b Clause 2 Article 8; Clause 1 Article 21; Clause 1 Article 25; Clauses 1, 2 and 3 Article 27; Clause 1 Article 28; Clauses 1, 2 Article 30; Clause 1 Article 33; Clause 1 Article 35; Article 36; Article 37; Clauses 1, 2, 3 and Point a, Point b Clause 4 Article 38; Clauses 1, 2 Article 39; Clauses 1, 2 Article 40 and Clause 1, Point a Clause 2 Article 43 of this Decree;

c) The Chief of Regional Fishery Inspection Services shall have the authority to impose administrative penalties on acts of administrative violation as prescribed in Points a and b Clause 1 Article 6; Article 7; Article 8; Clauses 1, 2 Article 9; Article 21; Article 23; Article 25; Clause 1 Article 26; Article 27; Article 28; Article 29; Article 30; Article 33; Article 35; Article 36; Article 37; Article 38; Article 39; Article 40; Article 41; Clause 1, Point a Clause 2 Article 43 and Clause 1 Article 44 of this Decree;

d) The Director of the Fishery Inspection Department shall impose administrative penalties on acts of administrative violation as prescribed in Articles 6; 7; 8; 9; 21; 23; 24; 25; 26; 27; 28; 29; 30; 33; 35; 36; 37; 38; 39; 41; Clause 1, Point b Clause 2 Article 43 and Clause 1 Article 44 of this Decree.

Article 55. Application of measures to prevent administrative violations and ensure the enforcement of administrative penalties

1. In cases where only a fine is imposed on individuals or organizations that violate the law, the person authorized to impose administrative penalties in aquatic activities has the right to temporarily detain relevant documents related to the vessel, professional certificates until the individual or organization complies with the penalty decision. If the violator does not possess such documents, the person authorized to impose administrative penalties may require the violator to bring the vessel to shore or the agency's office for resolution or to temporarily detain the evidence and vessel within their authority.

In cases where the violation involves confiscation of evidence and vessels as supplementary penalties according to this Decree, the person authorized to impose administrative penalties in aquatic activities may require the violator to bring the vessel to shore or the agency's office for resolution or to temporarily detain the evidence and vessel within their authority.

2. The authority, procedures, and formalities for applying measures to prevent administrative violations and ensuring the enforcement of administrative penalties in the field of aquatic activities shall be implemented in accordance with the Law on Handling Administrative Violations.

Chapter IV

IMPLEMENTING PROVISIONS

Article 56. Effective Date

1. This Decree takes effect from July 5, 2019, replacing Government Decree No. 103/2013/NĐ-CP dated September 12, 2013, which stipulates administrative penalties in aquatic activities.

2. Add the phrase "cultivated aquatic products" after the phrase "livestock" in Point a Clause 6 Article 17, Clause 5 Article 18, Clause 6 Article 19, and Clause 9 Article 20 of Government Decree No. 119/2017/NĐ-CP dated November 1, 2017, which regulates administrative penalties in the standardization, measurement, and quality control of products and goods.

3. This Decree abolishes:

a) Provisions on aquatic seedlings, aquatic feed, and environmental treatment products for aquaculture in Government Decree No. 64/2018/NĐ-CP dated May 7, 2018, which stipulates administrative penalties in the fields of livestock breeding seeds, animal feed, and aquaculture;

b) Provisions on aquatic activities in Government Decree No. 41/2017/NĐ-CP dated April 5, 2017, which amends and supplements certain articles of decrees on administrative penalties in aquatic activities; veterinary fields, livestock breeding seeds, animal feed; forest management, forest development, forest protection, and forest product management.

Article 57. Transitional Provisions

1. For administrative violations in the fisheries sector that occurred before this Decree takes effect but were discovered afterwards or are currently under examination or resolution, the provisions most favorable to the violating organizations or individuals shall be applied.

2. For decisions on administrative penalties that have been issued or fully executed prior to the effective date of this Decree, if the individual or organization subject to administrative penalty or the individual subject to administrative measures still has objections, the provisions of Decree No. 103/2013/NĐ-CP dated September 12, 2013 on administrative penalties in the fisheries sector; Decree No. 41/2017/NĐ-CP dated April 5, 2017 of the Government amending and supplementing certain articles of decrees on administrative penalties in the fisheries sector; veterinary, animal breeding, livestock feed sectors; forest management, forest development, forest protection, and forest product management; and Decree No. 64/2018/NĐ-CP dated May 7, 2018 of the Government on administrative penalties in the animal breeding, livestock feed, and fisheries sectors shall be applied.

3. For violations in the fisheries sector discovered after this Decree takes effect, which fall within the scope of transitional provisions stipulated in the Fisheries Law and its detailed implementing regulations, the provisions of Decree No. 103/2013/NĐ-CP dated September 12, 2013 on administrative penalties in the fisheries sector; Decree No. 41/2017/NĐ-CP dated April 5, 2017 of the Government amending and supplementing certain articles of decrees on administrative penalties in the fisheries sector; veterinary, animal breeding, livestock feed sectors; forest management, forest development, forest protection, and forest product management; and Decree No. 64/2018/NĐ-CP dated May 7, 2018 of the Government on administrative penalties in the animal breeding, livestock feed, and fisheries sectors shall continue to be applied until the end of the transitional period.

Article 58. Responsibility for Guidance on Implementation

1. The Minister of Agriculture and Rural Development shall be responsible for guiding, organizing, and inspecting the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, central-affiliated agencies, Chairpersons of provincial People's Committees, and municipal People's Committees directly under the Central Government shall be responsible for enforcing this Decree.

Place of Receipt: - Central Party Committee Secretariat; - Prime Minister, Deputy Prime Ministers; - Ministries, ministerial-level agencies, agencies under the Government; - People's Councils, People's Committees of provinces and centrally-administered cities; - Central Party Office and Party Committees; - General Secretary's Office; - President's Office; - National Assembly Ethnic Committee and relevant Committees; - National Assembly's Office; - Supreme People's Court; - Supreme People's Procuracy; - State Audit Office; - National Financial Supervisory Commission; - Social Policy Bank; - Vietnam Development Bank; - Central Committee of the Vietnam Fatherland Front; - Central agencies of mass organizations; - VPCP: Deputy Prime Minister, Deputy Prime Ministers, Assistant Prime Minister, CEO of the Official Portal, all Departments, Bureaus, subordinate units, Gazette. - To be filed: VT, NN (2).

PRIME MINISTER PRIME MINISTER Nguyen Xuan Phuc