Decree No. 48/2011/NĐ-CP on administrative penalties for violations in the maritime sector

DECREE

Regulations on Administrative Sanctions for Violations in the Maritime Sector

_____________________

THE GOVERNMENT

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

Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

Based on the Ordinance on Handling Administrative Violations dated July 2, 2002, and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations dated April 2, 2008;

Considering the proposal of the Minister of Transport,

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates acts of administrative violations, forms of sanctions, levels of fines, measures to remedy consequences for acts of administrative violations, authority and procedures for handling administrative violations in the maritime sector.

Article 2. Applicability

1. Every individual or organization committing an act of administrative violation in the maritime sector shall be subject to the provisions of this Decree and other relevant legal provisions on handling administrative violations.

Foreign individuals and organizations committing acts of administrative violations in the maritime sector in Vietnam shall also be subject to the provisions of this Decree; in cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such treaty provisions shall apply.

2. The imposition of administrative sanctions on minors who commit acts of administrative violations in the maritime sector shall be carried out in accordance with the provisions of Clause 1 and Clause 3, Article 7 of the Ordinance on Handling Administrative Violations dated July 2, 2002, and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations dated April 2, 2008 (hereinafter referred to collectively as the Ordinance).

Article 3. Administrative Violations in the Maritime Sector

1. An act of administrative violation in the maritime sector is an act that violates the provisions of the law on maritime affairs committed by an individual or organization intentionally or negligently, but not reaching the level of criminal prosecution and according to the law must be subject to administrative sanctions.

2. Acts of administrative violations specified in this Decree include:

a) Violations in construction and operation of seaports;

b) Violations in maritime activities of vessels at seaports;

c) Violations in registration, inspection of vessels and crew allocation, use of professional certificates, crew logs, and crew passports;

d) Violations in marine pilotage activities;

đ) Violations in marine transportation business and maritime service activities;

e) Violations in maritime search and rescue operations at seaports;

g) Violations in salvage operations of sunken assets at seaports;

h) Violations in ensuring maritime safety at seaports.

3. Acts of violations specified in Points b, c, d, đ, e, g, and Point h, Clause 2 of this Article occurring outside seaports shall be subject to sanctions under this Decree and other relevant legal provisions.

4. Acts of administrative violations in the maritime sector not specified in this Decree shall be applied according to other relevant legal provisions.

Article 4. Principles of Administrative Sanctions in the Maritime Sector

1. The principles of imposing administrative penalties in the maritime sector shall be applied in accordance with the provisions of Article 3 of the Ordinance.

2. The imposition of administrative sanctions in the maritime sector by those authorized to do so is provided for in Articles 29 and 30 of this Decree.

3. No administrative sanction shall be imposed on acts of violations occurring in situations of emergency, self-defense, unexpected events, and other force majeure cases to ensure human life safety, ensure safety and security for vessels, cargo, and transport infrastructure, or administrative violations while suffering from mental illness or other diseases causing loss of capacity for recognition or control over behavior.

Article 5. Mitigating and Aggravating Circumstances

1. Mitigating circumstances in the maritime sector shall be applied in accordance with the provisions of Article 8 of the Ordinance.

2. Aggravating circumstances in the maritime sector shall be applied in accordance with the provisions of Article 9 of the Ordinance.

Article 6. Time Limit for Administrative Sanctions and Consideration as Not Having Been Subject to Administrative Sanctions in the Maritime Sector

1. The statute of limitations for administrative penalties in the maritime sector is one year, calculated from the date the administrative violation was committed.

For acts of administrative violations related to construction of seaports and maritime works; environment; exit and entry of vessels, crew members, and passengers, the time limit for administrative sanctions is two years, counted from the date the act of administrative violation was committed. If this period has expired, the act of violation will not be subject to administrative sanctions but still be subject to remedial measures provided for in Clause 4, Article 7 of this Decree.

2. For acts of individual violations that show signs of violating regulations in the maritime sector, they will be handled according to the provisions of this Decree if the violator has been indicted, prosecuted, or there is a decision to bring the case to trial under criminal procedure but subsequently there is a decision to terminate the investigation or close the case; within three days from the date of issuing the decision to terminate the investigation or close the case, the person who issued the decision must send the decision to the competent authority to impose administrative sanctions; in this case, the time limit for administrative sanctions is three months, counted from the date the competent authority to impose administrative sanctions receives the decision to terminate the investigation and the case file.

3. The time limits stipulated in Clauses 1 and 2 of this Article shall not apply if within the periods specified in those clauses, individuals or organizations commit new acts of violation in the same field previously violated or intentionally evade or obstruct the imposition of administrative sanctions; the time limit for administrative sanctions shall be recalculated from the date of committing the new act of administrative violation or the date of ceasing to evade or obstruct the imposition of administrative sanctions.

4. Individuals and organizations that have been subject to administrative sanctions in the maritime sector shall be considered as not having been subject to administrative sanctions in the maritime sector if, within one year from the date of completion of the execution of the administrative sanction decision or from the date the time limit for enforcement of the administrative sanction decision expires, they do not reoffend.

Article 7. Forms of Administrative Sanctions and Remedial Measures in the Maritime Sector

1. Individuals and organizations committing administrative violations in the maritime sector must bear one of the following main forms of administrative sanctions for each act of violation:

a) Warning;

b) Fine.

2. When imposing a fine, the specific amount of the fine for an act of administrative violation is the average level of the fine range prescribed for that act of violation. In cases where mitigating circumstances exist, the fine amount may be reduced but shall not be reduced below the minimum level of the fine range. In cases where aggravating circumstances exist, the fine amount may be increased but shall not exceed the maximum level of the fine range.

3. Individuals and organizations committing administrative violations, depending on the nature and degree of the violation, may also be subject to the following supplementary forms of administrative sanctions:

a) Suspension of the right to use licenses or certificates of competence for a limited or unlimited period.

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

4. In addition to the forms of administrative sanctions prescribed in Clauses 1 and 3 of this Article, individuals and organizations committing administrative violations in the maritime sector must also implement one or more of the following remedial measures:

a) Compelled restoration to the original state prior to the change caused by the administrative violation or compelled removal of unauthorized construction works;

b) Compel the implementation of measures to mitigate environmental pollution and the spread of diseases caused by administrative violations;

c) Compel removal from Vietnam's territory or compel the re-export of goods, items, or means of transport;

d) Compel the destruction of items harmful to human health, animals, and plants, and harmful cultural products;

đ) Other remedial measures prescribed in Chapter II of this Decree.

Chapter II

FORMS AND LEVELS OF ADMINISTRATIVE SANCTIONS FOR VIOLATIONS OF REGULATIONS IN THE MARITIME SECTOR

Section 1

VIOLATIONS OF REGULATIONS ON CONSTRUCTION AND EXPLOITATION OF SEAPORTS

Article 8. Violations concerning safety, security, and order in port operations

1. A fine of VND 200,000 to VND 1,000,000 for each act of entering or leaving the port area or boarding vessels without permission or failing to follow instructions from authorized authorities.

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

a) Using workers without the required certificates, licenses, or qualifications.

b) Violating regulations on daytime signals and night lighting signals for the limits of the wharf ensuring safe berthing of vessels.

c) Placing objects on the wharf or occupying space above the wharf, obstructing safe berthing and departure of vessels or interfering with other activities at the port.

d) Failing to promptly report incidents, accidents related to safety, security, and environmental pollution at the port to the Port Management Authority.

đ) Failing to arrange personnel to moor or unmoor vessels as prescribed.

e) Failing to notify the Port Management Authority of plans for vessel entry and departure from the port as prescribed.

3. A fine of VND 5,000,000 to VND 10,000,000 for each of the following violations:

a) Allowing vessels to enter the port or anchor in port waters without permission from the Port Management Authority.

b) Unloading or loading cargo without completing the prescribed procedures for vessel entry into the port.

c) The vessel cushioning and securing system on the wharf is insufficient or does not ensure safety for vessels anchoring.

d) Not having a security certificate for the wharf or not implementing the prescribed security plan for the wharf.

đ) Not having the prescribed port security staff.

e) Arranging berths for vessels to enter and depart without ensuring the prescribed time or safe distance.

4. A fine of VND 30,000,000 to VND 60,000,000 for each of the following violations:

a) Operating the port contrary to its announced functions.

b) Allowing vessels to berth at the wharf before the wharf has been permitted for operation according to regulations.

5. Applying measures to remedy consequences:

a) Temporarily not allowing international route vessels to enter the port for violations specified in Points d, đ, and e, Clause 3 of this Article.

b) Not allowing vessels to continue anchoring at the port for violations specified in Clause 4 of this Article.

c) Compelling the provision of necessary documents, equipment, and personnel as prescribed for violations specified in Clauses 1, 2, and 3 of this Article.

Article 9. Violations concerning marking, coding, handling, and storage of goods

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

a) Marking goods with symbols or codes not in accordance with regulations.

b) Handling and storing goods not in accordance with regulations.

c) Stacking goods on the wharf beyond the permissible weight limit.

2. A fine of VND 3,000,000 to VND 5,000,000 for each violation specified in Clause 1 of this Article involving dangerous goods.

3. Application of measures to remedy consequences:

Compelling the provision of markings, coding, handling, and storage of goods in accordance with regulations for violations specified in Clauses 1 and 2 of this Article.

Article 10. Violations concerning fire prevention and explosion control at ports

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

a) Not having necessary warning signs, notices, or instructions in areas prone to fires or explosions.

b) Using specialized firefighting equipment for purposes other than firefighting.

2. A fine of from 2,000,000 VND to 5,000,000 VND for each of the following violations:

a) Firefighting equipment is unsuitable or not in a state ready for operation as prescribed.

b) Not placing equipment in the designated location or not arranging appropriate fire prevention and explosion control equipment suitable for the type of goods being transported or handled.

3. A fine of VND 5,000,000 to VND 20,000,000 for each of the following violations:

a) Not having a sufficient fire prevention and explosion control system as prescribed.

b) Failing to promptly report incidents, accidents involving fires or explosions to relevant state management agencies.

c) Using workers who are not fully equipped with protective gear or have not received training in fire prevention and explosion control as prescribed.

d) Other administrative violations concerning fire prevention and explosion control as prescribed by laws on fire prevention and explosion control.

4. Apply remedial measures:

Compelling the provision of equipment, signs, and personnel arrangements as prescribed for violations specified in Clauses 1, 2, and 3 of this Article.

Article 11. Violations concerning maritime safety guarantees and environmental pollution prevention when constructing new or renovating, upgrading seaports or when building, installing other structures and equipment affecting maritime safety in seaport waters

1\. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for each of the following violations:

a) Life-saving equipment not complying with regulations;

b) Not informing the Maritime Port Office about construction of other structures within seaport waters;

c) Not properly installing warning signals or incorrectly displaying them in areas where construction work is being carried out;

d) Construction vessels or service vessels anchoring outside permitted limits obstructing maritime traffic on seaport channels;

đ) Dumping construction materials without harmful substances into seaport waters;

e) Setting up fishing gear, aquaculture facilities, or resource extraction equipment in seaport waters or maritime channels without the approval of the Maritime Port Office or not in the approved location or time;

2. A fine of from VND 10,000,000 to VND 20,000,000 for the following violations:

a) Conducting construction work without sufficient permits or approvals from competent authorities;

b) Conducting construction work at unauthorized locations;

c) Exceeding the construction period specified in the construction permit;

d) Using specialized means for surveying, dredging channels, deploying maritime navigation signals, and conducting other activities in seaport waters without the approval of the Maritime Port Office;

đ) Failing to clear and remove construction obstacles after completion of the project;

3. A fine of from VND 30,000,000 to VND 60,000,000 for each of the following violations:

a) Conducting construction work without authorization from competent authorities and causing accidents;

b) Conducting construction work at unauthorized locations and causing accidents;

c) Conducting construction work resulting in environmental pollution;

4\. Additional sanctions shall be applied:

Seizure of property used to commit administrative violations as stipulated in Point e, Clause 1 and Point d, Clause 2 of this Article.

5. Applying measures to remedy consequences:

a) Order to supplement permits or approval documents from competent authorities as required for violations stipulated in Point e, Clause 1, Point a, and Point d, Clause 2 of this Article;

b) Order to restore the original condition altered due to violations stipulated in Point b, Clause 2 and Point b, Clause 3 of this Article;

c) Order to clean up and remove waste for administrative violations stipulated in Point đ, Clause 2 of this Article;

d) Order to implement measures to mitigate environmental pollution according to the law for violations stipulated in Point c, Clause 3 of this Article.

Article 12. Violations concerning environmental protection due to seaport exploitation activities

1. A fine of from VND 1,000,000 to VND 5,000,000 for allowing dirty water to flow out, causing uncleanliness on port wharves or seaport waters.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for each of the following violations:

a) Dumping garbage or other waste onto port wharves or seaport waters;

b) Discharging water containing sediment onto port wharves or seaport waters;

c) Failing to have an oil spill emergency response plan as required for fuel ports;

3. A fine of from VND 30,000,000 to VND 50,000,000 for discharging water or waste containing oil into port wharves or seaport waters;

4. A fine of from VND 50,000,000 to VND 100,000,000 for discharging water or waste containing harmful chemicals into port wharves or seaport waters;

5. Applying measures to remedy consequences:

a) Order to supplement an oil spill emergency response plan for violations stipulated in Point c, Clause 2 of this Article;

b) Order to implement measures to mitigate environmental pollution according to the law caused by violations stipulated in Clauses 2, 3, and Clause 4 of this Article;

Section 2

VIOLATIONS OF MARITIME ACTIVITIES REGULATIONS OF VESSELS AT SEAPORTS

Article 13. Violation of regulations on procedures for arriving at a seaport or transiting

1\. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for each of the following violations:

a) Vessels arriving at a port or transiting fail to report or confirm as prescribed;

b) Vessels arrive at the position for picking up or dropping off pilots to enter the port or transit later than the time confirmed;

c) Vessels arriving at the port fail to declare ship security information to the Maritime Port Authority as prescribed.

2. For the act of vessels arriving at wharves or ports or transiting without following the prescribed procedures, penalties shall be imposed as follows:

a) A fine of from five million dong to ten million dong for vessels with a total gross tonnage under five hundred GT;

b) A fine of from ten million dong to twenty million dong for vessels with a total gross tonnage from five hundred GT to less than three thousand GT;

c) A fine of from twenty million dong to thirty million dong for vessels with a total gross tonnage of three thousand GT or more.

3. Application of measures to remedy consequences:

Order to complete the procedures as prescribed for violations stipulated in Points a and c, Clause 1 and Clause 2 of this Article.

Article 14. Violation of regulations on procedures for entering and leaving seaports or transiting

1. A fine of from two hundred thousand dong to five hundred thousand dong for the act of declaring insufficiently or incorrectly one of the pieces of information in the vessel arrival or departure report or the general declaration.

2. A fine of from two million dong to five million dong for the act of handling procedures for vessels entering and leaving seaports or transiting later than the prescribed time.

3. A fine of VND 5,000,000 to VND 10,000,000 for each of the following violations:

a) Failure to provide one of the required documents when handling procedures for entering and leaving the port or transiting as prescribed;

b) Not providing or inadequately providing documentation for dangerous goods transported on board as prescribed.

4. A fine of from ten million dong to thirty million dong for the act of allowing crew members, passengers, or other persons not assigned duties to board the vessel before completing the entry formalities or disembark after completing the exit formalities as prescribed.

5. For the act of not having the final port clearance permit as prescribed or deliberately departing the port without permission from the competent authority, penalties shall be imposed as follows:

a) A fine of VND 10,000,000 to VND 20,000,000 for ships with gross tonnage under 500 GT;

b) A fine of VND 20,000,000 to VND 40,000,000 for ships with gross tonnage from 500 GT to under 3,000 GT;

c) A fine of VND 40,000,000 to VND 80,000,000 for ships with gross tonnage 3,000 GT or more.

6. Additional forms of punishment:

Suspension of the right to use the certificate of professional competence of the master for a period of up to six months or indefinitely if there is a violation of Clause 5 of this Article.

7. Apply measures to remedy consequences:

Order to supplement documents and complete procedures as prescribed for violations stipulated in Clauses 1, 2, 3, 4, and 5 of this Article.

Article 15. Violation of regulations on safety, security, order, and hygiene related to vessel activities

1. A fine of from 200,000 VND to 1,000,000 VND for each of the following violations:

a) Using horns or loudspeakers to communicate for non-emergency or urgent situations as prescribed;

b) Foreign vessels flying ceremonial flags or mourning flags without prior notification to the Maritime Port Authority;

c) Flying signals or flags not in accordance with regulations.

2. A fine of from one million dong to two million dong for the act of not flying or flying the National Flag of Vietnam incorrectly.

3. A fine of from one million dong to five million dong for each of the following violations:

a) Emitting smoke from the funnel while the vessel is moored in the port waters;

b) Scraping, painting the vessel without permission from the Maritime Port Authority;

c) Leaving equipment or property of the vessel or crew members on the quay improperly;

d) Conducting repairs, engine tests, or horn tests without permission from the Maritime Port Authority;

đ) Swimming or causing public disorder in the port;

e) Not standing watch on VHF channel or using VHF channel incorrectly;

g) Conducting fumigation or pest control in improper locations;

h) Not having rat guards or using rat guards incorrectly;

i) Using lifeboats or rafts of the vessel without permission from the Maritime Port Authority;

k) Not adhering to the duty roster as prescribed;

l) Not assigning or assigning ship security officers incorrectly;

m) Not having navigational equipment in the bridge as prescribed;

n) Reporting or sounding security alarms that do not correspond to the actual security situation of the vessel.

4. A fine of from five million dong to ten million dong for each of the following violations:

a) Moving vessels to enter and leave seaports or dock and undock at wharves without the master being present in the bridge;

b) Not complying with regulations when vessels navigate, avoid, or overtake each other in maritime channels;

c) Conducting diving or other underwater work in port waters without permission from the Maritime Port Authority or conducting such work without proper warning signals as prescribed;

d) Organizing sports competitions or gatherings of many vessels in port waters without permission from the Maritime Port Authority;

đ) Using sports or tourist vessels to operate in port waters without permission from the Maritime Port Authority;

e) Not using or using improperly prescribed signals;

g) Not reporting to the Maritime Port Authority about marine accidents caused by their own vessel or violating other regulations on accident reporting and investigation;

h) Vessels not clearly marked with name, IMO number, and registered port as prescribed;

i) Life-saving equipment of vessels not in compliance with regulations.

5. For the act of vessels operating outside the permitted area as prescribed, penalties shall be imposed as follows:

a) A fine of VND 10,000,000 to VND 20,000,000 for ships with gross tonnage under 500 GT;

b) A fine of VND 20,000,000 to VND 30,000,000 for vessels with a total gross tonnage from 500 GT to less than 3,000 GT;

c) A fine of VND 30,000,000 to VND 40,000,000 for vessels with a total gross tonnage of 3,000 GT or more.

6. A fine of from thirty million dong to sixty million dong for the act of fleeing after causing a marine accident.

7. Apply measures to remedy consequences:

a) Order to remove obstacles caused by the violation stipulated in Point c, Clause 3 of this Article;

b) Order to restore the original condition altered by the violations stipulated in Point h, Clause 4 of this Article;

c) Order to supplement documents, equipment, and comply with legal provisions for the acts stipulated in Clauses 1, 2, 3, and Clause 4 of this Article.

Article 16. Violations concerning fire prevention and explosion control on vessels

1. A fine of from VND 200,000 to VND 1,000,000 shall be imposed for smoking in prohibited areas or for unintentional acts that may cause fires or explosions on vessels.

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

a) Not having necessary warning signs or instructions at places prone to fire or explosion.

b) Not having diagrams of fire extinguishing systems, fire-fighting duty rosters, or operation instruction boards at positions on the ship as prescribed.

c) Firefighting equipment not placed in the prescribed locations on vessels;

d) Failure to properly follow procedures for maintaining and servicing firefighting and explosion prevention equipment;

đ) Crew members on board the vessel not proficiently using firefighting and explosion prevention equipment.

3. A fine of VND 5,000,000 to VND 10,000,000 for each of the following violations:

a) Not equipping with complete firefighting and explosion prevention equipment as prescribed.

b) Firefighting and explosion prevention equipment not being operational.

c) Not having emergency response plans.

d) Conducting work that produces sparks on deck, cargo holds, or engine rooms without permission from the Maritime Port Authority;

e) Using specialized firefighting equipment for other purposes.

e) Firefighting equipment not suitable or not in a state of readiness as required.

4. A fine of from VND 10,000,000 to VND 30,000,000 shall be imposed for delayed or non-compliance with orders from the Maritime Port Authority regarding participation in firefighting at wharves or port waters.

5. Applying measures to remedy consequences:

Compel the installation of signs, plans, diagrams, and equipment as prescribed for violations stipulated in Points a, b, and c of Clause 2, and Points a, b, and c of Clause 3 of this Article.

Article 17. Violations concerning environmental pollution prevention caused by vessels

1. A fine of from 1,000,000 VND to 5,000,000 VND for each of the following violations:

a) Failure to record bilge water pumping logs, oil logs, discharge logs, or garbage disposal logs as prescribed;

b) Dumping garbage or other objects from the vessel onto wharves or port waters.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to assign or improperly assign personnel to receive fuel on board the vessel.

3. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for each of the following violations:

a) Pumping or discharging various types of garbage or ballast water containing contaminants from the vessel onto wharves or port waters;

b) Conducting fuel transfer between vessels without permission from the Maritime Port Authority;

c) Lack of sufficient oil-water separation equipment as prescribed or having such equipment but it is unusable;

d) Allowing leakage of wastewater mixed with oil from the vessel onto wharves or port waters;

đ) Lack of an emergency response plan for oil spills as prescribed.

4. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed for violations concerning pumping or discharging water or waste containing oil from the vessel onto wharves or port waters.

5. A fine of from VND 60,000,000 to VND 100,000,000 shall be imposed for violations concerning pumping or discharging water or waste containing hazardous chemicals from the vessel onto wharves or port waters.

6. Measures to rectify consequences shall be applied:

a) Compel the supplementation of documents, equipment, and personnel as prescribed for violations stipulated in Point a of Clause 1, Clause 2, and Points b, c, and đ of Clause 3 of this Article;

b) Compel the implementation of measures to mitigate environmental pollution as prescribed for violations stipulated in Point b of Clause 1 and Clauses 3, 4, and 5 of this Article.

Article 18. Violations concerning safety of human life on vessels

1. A fine of from 1,000,000 VND to 5,000,000 VND for each of the following violations:

a) Absence of duty assignment charts in emergency situations at necessary positions or damage to existing charts;

b) Absence of operation instruction charts for firefighting, lifesaving, and ship rescue equipment or damage to existing charts;

c) Absence of individual responsibility forms when alarms are sounded at designated locations on the vessel or forms that do not match the crew of the vessel;

d) Crew members not proficiently using firefighting, lifesaving, and ship rescue equipment on the vessel.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for each of the following violations:

a) Side ladders lacking guardrails or lighting as prescribed;

b) Improper use of lifesaving and ship rescue equipment on the vessel.

3. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for failing to assign the minimum safety quota or exceeding the permitted quota of lifesaving equipment on the vessel as prescribed.

4. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for carrying cargo below 5% over the permitted load capacity.

5. A fine of from VND 20,000,000 to VND 40,000,000 shall be imposed for carrying cargo from 5% to less than 10% over the permitted load capacity.

6. A fine of from VND 40,000,000 to VND 80,000,000 shall be imposed for carrying cargo 10% or more over the permitted load capacity.

7. For the violation of carrying passengers beyond the prescribed number for vessels with a total gross tonnage below 500 GT, the penalties shall be as follows:

a) A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for carrying passengers below five people over the permitted number;

b) A fine of VND 10,000,000 to VND 15,000,000 for carrying passengers from six to ten people over the permissible number;

c) A fine of VND 15,000,000 to VND 20,000,000 for carrying passengers more than ten people over the permissible number.

8. For the violation of carrying passengers over the prescribed limit on vessels with a total gross tonnage from 500 GT to 3,000 GT, penalties shall be applied as follows:

a) A fine of VND 10,000,000 to VND 15,000,000 for carrying passengers up to ten people over the permissible number;

b) A fine of VND 15,000,000 to VND 20,000,000 for carrying passengers from eleven to twenty people over the permissible number;

c) A fine of VND 20,000,000 to VND 30,000,000 for carrying passengers more than twenty people over the permissible number.

9. For the violation of carrying passengers over the prescribed limit on vessels with a total gross tonnage above 3,000 GT, penalties shall be applied as follows:

a) A fine of VND 20,000,000 to VND 40,000,000 for carrying passengers up to twenty people over the permissible number;

b) A fine of VND 40,000,000 to VND 60,000,000 for carrying passengers from twenty-one to thirty people over the permissible number;

c) A fine of VND 60,000,000 to VND 80,000,000 for carrying passengers more than thirty people over the permissible number.

10. Additional forms of punishment:

Suspension of the right to use the certificate of professional competence of the master for up to three months for violations stipulated in Clauses 5 and 6; Points b and c of Clause 7; Points b and c of Clause 8; and Points b and c of Clause 9 of this Article.

11. Apply remedial measures:

a) Compel the supplementation of equipment, documents, and personnel as prescribed for violations stipulated in Clauses 1, 2, and 3 of this Article.

b) Compel the removal of excess persons or cargo from the vessel for violations stipulated in Clauses 4, 5, 6, 7, 8, and 9 of this Article.

Article 19. Violations concerning anchoring, berthing, alongside mooring, towing of vessels in port waters

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

a) Anchoring, berthing, alongside mooring, moving position, or conducting similar activities in port waters without permission from the Port Maritime Authority;

b) Not arranging sufficient lighting, signals, or warning devices as prescribed when vessels are loading/unloading cargo, anchoring, berthing, alongside mooring, or moving position;

c) Not having cushioning material as prescribed;

d) Not promptly reporting to the Port Maritime Authority about deviations or damage to navigational aids discovered during operations in port waters and areas under the management of the Port Maritime Authority.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for each of the following violations:

a) Not complying with or incorrectly executing orders from the Port Maritime Authority;

b) Securing vessels to navigational aids or other structures not intended for securing vessels as prescribed;

3. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for failing to use tug assistance vessels as required in port waters.

4. For the act of vessels anchoring, loading/unloading cargo, picking up/dropping off passengers, or performing other maritime services at locations not permitted by competent authorities, penalties shall be imposed as follows:

a) A fine of VND 10,000,000 to VND 20,000,000 for ships with gross tonnage under 500 GT;

b) A fine of VND 20,000,000 to VND 40,000,000 for ships with gross tonnage from 500 GT to under 3,000 GT;

c) A fine of VND 40,000,000 to VND 60,000,000 shall be imposed on vessels with a total gross tonnage of 3,000 GT or more.

5. Additional forms of punishment:

Suspension of the right to use the certificate of professional competence of the master for up to three months for violations stipulated in Point a, Clause 2, Clause 3, and Clause 4 of this Article.

6. Measures to rectify consequences shall be applied:

a) Compel to supplement equipment, documents, and arrange appropriate personnel and means as prescribed for violations stipulated in Clause 1 and Clause 3 of this Article;

b) Compel vessels to leave their positions for violations stipulated in Point b, Clause 2 and Clause 4 of this Article.

Section 3

VIOLATIONS OF REGULATIONS ON REGISTRATION, INSPECTION OF VESSELS AND ARRANGEMENT OF CREW MEMBERS, USE OF PROFESSIONAL CERTIFICATES, CREW STRENGTH, CREW PASSPORTS

Article 20. Violations concerning vessel registration and inspection

1. A fine of from 1,000,000 VND to 5,000,000 VND for each of the following violations:

a) Registering vessels beyond the prescribed deadline;

b) Lacking one of the types of vessel documents or one of those types of documents has expired.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for each of the following violations:

a) Operating vessels without being issued a ship registration certificate;

b) Failing to register changes in ownership of vessels as prescribed after they have been bought, sold, or transferred ownership.

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

a) Buying, selling, leasing, renting, lending, borrowing one of the certificates of vessels;

b) Using one of the certificates of vessels that are altered, falsified, or counterfeit;

c) Intentionally misreporting information or using forged documents in applications for vessel certificates.

4. A fine of VND 50,000,000 to VND 80,000,000 shall be imposed for failing to have a certificate of civil liability insurance for the owner of passenger-carrying, oil-carrying, petroleum product-carrying, or other dangerous goods-carrying vessels as prescribed.

5. Additional forms of punishment:

Suspension of the right to use indefinitely the certificates stipulated in Point b, Clause 3 of this Article.

6. Measures to rectify consequences shall be applied:

Compel to supplement documents as prescribed for violations stipulated in Clauses 1, 2, 3, and Clause 4 of this Article.

Article 21. Violations concerning the arrangement of seafarers, issuance and use of professional certificates, seafarer logs, and seafarer passports

1\. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for each of the following violations:

a) Arranging seafarers to work on vessels without having the necessary professional certificates or arranging seafarer positions that do not match the seafarer's professional certificates;

b) Assigning tasks to seafarers working on vessels that do not correspond to their positions in the seafarer log without prior permission from the competent authority.

2. A fine of from 10,000,000 VND to 20,000,000 VND for each act of buying, selling, renting, leasing, borrowing, or lending professional certificates, seafarer logs, and seafarer passports.

3. A fine of from 20,000,000 VND to 50,000,000 VND for each of the following violations:

a) Using counterfeit or altered professional certificates, seafarer logs, or seafarer passports that have been tampered with or erased;

b) Intentionally misreporting information or using falsified documents in applications for professional certificates, seafarer logs, or seafarer passports.

4. Additional forms of administrative punishment:

a) Revocation of the right to use professional certificates, seafarer logs, and seafarer passports indefinitely for violations stipulated in Point a, Clause 3 of this Article;

b) Revocation of the right to use professional certificates for up to one year for violations stipulated in Clause 2 of this Article.

5. Applying measures to remedy consequences:

Compel the supplementation of seafarers according to regulations for violations stipulated in Clauses 1, 2, and Point a, Clause 3 of this Article.

SECTION 4

VIOLATIONS OF PROVISIONS ON PILOTS

Article 22. Violations concerning the use of marine pilots on vessels

1. A fine of from 500,000 VND to 1,000,000 VND for the act of vessels not displaying flag G when requesting a marine pilot or not displaying flag H when a marine pilot is present on board.

2. A fine of from 2,000,000 VND to 10,000,000 VND for each of the following violations:

a) Not informing or inaccurately informing the marine pilot about the characteristics and maneuverability of the vessel;

b) Not having a pilot ladder or having it placed at an unsuitable location or not providing other safety measures for the pilot to board or disembark the vessel.

3. For the act of controlling the vessel's entry into or departure from the port without using a marine pilot as prescribed, penalties shall be imposed as follows:

a) A fine of from 10,000,000 VND to 20,000,000 VND for vessels with a total gross tonnage under 1,000 GT;

b) A fine of from 20,000,000 VND to 30,000,000 VND for vessels with a total gross tonnage from 1,000 GT to under 3,000 GT;

c) A fine of VND 30,000,000 to VND 40,000,000 for vessels with a total gross tonnage of 3,000 GT or more.

4. Apply remedial measures:

Compel the supplementation of marine pilots, markings, equipment, and information according to regulations for violations stipulated in Clauses 1, 2, and Clause 3 of this Article.

Article 23. Violations concerning the dispatch and arrangement of marine pilots by pilot organizations

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

a) Submitting daily pilot dispatch plans later than the prescribed time or failing to notify sudden changes in the pilot dispatch plan to the Marine Port Authority;

b) Arranging pilots not in accordance with the plan without prior notice to the Marine Port Authority.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for each of the following violations:

a) Arranging marine pilots to lead vessels that do not match the Pilot Professional Competence Certificate or the Pilot Operating Area Certificate;

b) Failing to provide adequate and timely pilot services in mandatory pilotage areas or on assigned routes without justifiable reasons.

3. Application of measures to remedy consequences:

Compel the supplementation of pilot dispatch plans, correct arrangement of marine pilots with appropriate certificates, and provision of adequate and timely pilot services according to regulations for violations stipulated in this Article.

Article 24. Violations of regulations during the piloting of ships by marine pilots

1. A fine of from 1,000,000 VND to 5,000,000 VND for each violation committed by a marine pilot as follows:

a) Discovering accidents, incidents, or changes in channels and maritime signals during ship piloting but failing to promptly report to the Port Maritime Authority;

b) Failing to report or confirm to the Port Maritime Authority the time, location of boarding or leaving the ship, or the status of piloting according to regulations;

c) Boarding the ship later than the specified time or at a wrong location without a valid reason;

d) Entering, leaving the port, or moving the ship not in accordance with the ship movement plan of the Port Maritime Authority or not in accordance with the assigned ship without a valid reason;

đ) Leaving the ship without the captain's consent;

e) Not wearing the prescribed pilot uniform while piloting;

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for each of the following violations:

a) Piloting a ship to anchor, dock, or move within the port waters without a dispatch order or in a position different from that designated by the Port Maritime Authority;

b) Refusing to pilot a ship without a valid reason or failing to promptly notify the Port Maritime Authority or the marine pilot organization about the refusal to pilot the ship;

c) Piloting a ship negligently resulting in a minor maritime accident;

3. A fine of from 10,000,000 VND to 20,000,000 VND for piloting a ship negligently resulting in a serious maritime accident;

4. A fine of from 20,000,000 VND to 30,000,000 VND for piloting a ship negligently resulting in a particularly serious maritime accident;

5. Additional forms of punishment:

a) Revoking the right to use the marine pilot competency certificate and area operation permit for up to 06 (six) months for violations stipulated in Clause 3 of this Article;

b) Revoking the right to use the marine pilot competency certificate and area operation permit for up to 12 (twelve) months for violations stipulated in Clause 4 of this Article;

MỤC 5

VIOLATIONS OF REGULATIONS ON MARITIME TRANSPORT AND SHIPPING SERVICES OPERATIONS

Article 25. Violations of regulations on the use of permits and conditions for maritime transport, multimodal transport, and shipping services operations

1\. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for each of the following violations:

a) Operating multimodal transport without or with an incorrect permit;

b) Operating maritime transport services without meeting the required conditions;

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for each of the following violations:

a) Altering, erasing, forging permits;

b) Buying, selling, renting, leasing, lending permits;

3. Additional forms of punishment:

Seizing the permit used to commit administrative violations as stipulated in Point a, Clause 2 of this Article;

4. Apply remedial measures:

Compelling to supplement the permit and business conditions as required for violations stipulated in Clause 1 of this Article;

PART 6

VIOLATIONS OF REGULATIONS ON MARITIME SEARCH AND RESCUE OPERATIONS

Article 26. Violations of regulations on maritime search and rescue operations

1. A fine of from 1,000,000 VND to 5,000,000 VND for sending false distress signals;

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for each of the following violations:

a) Failure to fulfill obligations under regulations on maritime search and rescue operations;

b) Implementing the order of competent authorities late without a valid reason;

3. For failing to implement the order of competent authorities without a valid reason, penalties will be imposed as follows;

a) A fine of VND 10,000,000 to VND 20,000,000 for ships with gross tonnage under 500 GT;

b) A fine of VND 20,000,000 to VND 40,000,000 for ships with gross tonnage from 500 GT to under 3,000 GT;

c) A fine of VND 40,000,000 to VND 80,000,000 for ships with gross tonnage 3,000 GT or more.

Section 7

VIOLATIONS OF REGULATIONS ON REMOVAL OF SUBMERGED ASSETS AT SEAPORTS

Article 27. Violations concerning the recovery of sunken assets at seaports

1. A fine of from VND 200,000 to VND 1,000,000 shall be imposed for the act of not reporting or reporting inaccurately according to regulations on sunken assets at seaports.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for each of the following violations:

a) Failure to install or timely install appropriate warning signals corresponding to the location of sunken assets;

b) Performing recovery or concluding recovery of sunken assets outside the prescribed time.

c) Salvaging sunken assets without permission from competent authorities;

d) Not delivering or delivering insufficiently sunken assets recovered randomly as prescribed.

đ) Failing to settle related costs for raising sunken property as prescribed.

3. A fine of from VND 20,000,000 to VND 50,000,000 shall be imposed for the act of not recovering non-dangerous sunken assets.

4. A fine of from VND 50,000,000 to VND 100,000,000 shall be imposed for the act of not recovering dangerous sunken assets.

5. Additional forms of punishment:

Confiscate the objects and means used to commit administrative violations as stipulated in Point c, Clause 2 of this Article.

6. Measures to rectify consequences shall be applied:

a) Order the installation of position signals for sunken assets as stipulated in Point a, Clause 2 of this Article;

b) Order the recovery, delivery, and handling of sunken assets according to regulations for violations as stipulated in Clauses 1, 2, 3, and Clause 4 of this Article;

c) Order compensation for the costs of recovering sunken assets as stipulated in Point đ, Clause 2, Clause 3, and Clause 4 of this Article.

SECTION 8

VIOLATIONS OF REGULATIONS ON SAFETY GUARANTEES AT SEAPORTS

Article 28. Violations concerning safety guarantees at seaports

1. A fine of VND 500,000 to VND 2,000,000 for each of the following violations:

a) Not timely publishing maritime notices or publishing inaccurate maritime notices;

b) Obstructing, interfering with, or reducing the effectiveness of maritime signals.

2. A fine of from VND 5,000,000 to VND 20,000,000 shall be imposed for each of the following violations:

a) Placing maritime signals in incorrect positions;

b) Not placing maritime signals or placing them untimely when there are dangerous obstacles;

c) Not promptly repairing or restoring damaged or drifted maritime signals;

d) Moving or damaging maritime signals;

đ) Rendering ineffective or changing the characteristics of maritime signals.

3. A fine of from VND 20,000,000 to VND 40,000,000 shall be imposed for the act of disposing of mud, waste from dredging in incorrect locations.

4. Apply remedial measures:

a) Order timely and accurate publication of the contents of maritime notices as prescribed for violations as stipulated in Point a, Clause 1 of this Article;

b) Order the installation, repair, and publication of maritime signals as prescribed for violations as stipulated in Clause 2 of this Article;

c) Order restoration to the original state altered by violations as stipulated in Clauses 1, 2, and 3 of this Article.

Chapter III

PUBLICITY AND PROCEDURES FOR ADMINISTRATIVE PENALTIES

Section 1

AUTHORITY TO IMPOSE PENALTIES

Article 29. The authority to impose penalties of Inspectors under the Ministry of Transport Inspectorate, Directors of Port Maritime Services, and Heads of the Ministry of Transport Inspectorate.

1. Inspectors under the Ministry of Transport Inspectorate while performing their duties have the right:

a) To issue warnings;

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

c) Confiscate objects and means used to commit administrative violations up to VND 2,000,000 in value;

d) Order restoration to the original state altered by administrative violations;

đ) Order implementation of measures to mitigate environmental pollution and disease spread caused by administrative violations;

e) Order destruction of harmful items to human health, animals, plants, and harmful cultural products.

2. Directors of Port Maritime Services have the right:

a) To issue warnings;

b) Impose fines up to 10,000,000 VND;

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

d) Suspend the use of certificates of professional capability, certificates of professional qualifications, licenses issued by state management agencies in transport for a period of up to six months or indefinitely. In cases where these documents are not issued by state management agencies in transport, issue a decision to stop the violation and recommend the competent authority to suspend the use for a period of up to six months or indefinitely;

đ) Order restoration to the original state altered by administrative violations or order demolition of unauthorized construction works;

e) Compelling implementation of measures to mitigate environmental pollution and disease spread caused by administrative violations;

g) Order destruction of harmful items to human health, animals, plants, and harmful cultural products.

5. The Director of the Port Marine Traffic Inspectorate, the Head of the Specialized Inspection Team of the Port Marine Traffic Inspectorate have the authority:

a) To issue warnings;

b) Impose a fine up to VND 100,000,000.

c) Suspend the use of certificates of professional capability, certificates of professional qualifications, licenses issued by state management agencies in transport for a period of up to six months or indefinitely. In cases where these documents are not issued by state management agencies in transport, issue a decision to stop the violation and recommend the competent authority to suspend the use for a period of up to six months or indefinitely;

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

đ) Order restoration to the original state altered by administrative violations or order demolition of unauthorized construction works;

e) Compelling implementation of measures to mitigate environmental pollution and disease spread caused by administrative violations;

g) Order destruction of harmful items to human health, animals, plants, and harmful cultural products.

Article 30. Competence to impose administrative penalties of Chairpersons of People's Committees at all levels

1. The competence to impose administrative penalties for violations in the maritime sector occurring within the management scope of Chairpersons of People's Committees at all levels shall be implemented in accordance with Articles 28, 29, and Article 30 of the Ordinance.

2. In cases where supplementary administrative penalties involving revocation of licenses or certificates are applied, the Chairperson of the People's Committee at the district or provincial level has the authority to request the issuing agency to issue a decision to revoke such licenses or certificates.

Article 31. Principles for Determining Competence to Impose Administrative Penalties

1. The head of state management agencies is the person with the authority to impose administrative penalties for violations in the maritime sector under their jurisdiction.

2. In cases where multiple agencies have the authority to impose administrative penalties for violations in the maritime sector, the agency that first accepts the case shall have the authority to implement it.

3. Other principles for determining the authority to impose administrative penalties for violations in the maritime sector shall be implemented in accordance with Article 42 of the Ordinance.

Section 2

PROCEDURES FOR IMPOSING PENALTIES AND ENFORCING DECISIONS ON PENALTIES

Article 32. Procedures for Applying Forms of Administrative Penalties

1. When discovering violations in the maritime sector, the authorized person performing official duties must immediately issue an order to stop the violation.

2. In cases where administrative penalties are imposed through warnings or fines up to VND 500,000, the authorized person imposing the penalty must issue an on-the-spot penalty decision according to the simplified procedure stipulated in Article 54 of the Ordinance.

3. In cases where administrative penalties are imposed through fines exceeding VND 500,000, the authorized person performing official duties must promptly prepare an administrative violation record according to the provisions of Article 55 of the Ordinance. If the person preparing the record does not have the authority to impose administrative penalties, the record and related documents of the case must be promptly sent to the authorized person as prescribed to issue a penalty decision.

4. The time limit for issuing a penalty decision is as follows:

a) For simple cases where the violation is clear and does not require further investigation, the authorized person imposing the penalty must issue a penalty decision within ten days from the date of the administrative violation record.

b) For administrative violations with many complex circumstances, objects, or evidence requiring examination and determination, the time limit for issuing a penalty decision is thirty days from the date of the record.

c) If additional time is deemed necessary for verification and collection of evidence before issuing a penalty decision, no later than ten days before the deadline specified in Point b, Clause 4 of this Article, the authorized person imposing the penalty must report in writing to their direct superior requesting an extension; the extension can only be granted once in writing and cannot exceed thirty days.

d) Beyond the deadlines specified in Points a, b, and c, Clause 4 of this Article, the authorized person imposing the penalty may not issue a penalty decision. In cases where a penalty decision is not issued, the authorized person still issues a decision to apply measures to mitigate consequences as prescribed in this Decree.

5. When imposing penalties on a person who commits multiple violations, the authorized person shall issue a single penalty decision specifying the form and level of penalty for each violation; if monetary penalties are applied, the total fine is the sum of the individual penalties for each violation.

6. A penalty decision takes effect from the date of signature, except when the decision specifies a specific effective date. The decision must be sent to the organization or individual subject to the penalty and the agency collecting the fine within three days from the date of issuance of the penalty decision.

7. Individuals or organizations fined must pay the fine at the location specified in the penalty decision and receive a receipt for payment.

The Ministry of Finance, in collaboration with the Ministry of Transport, shall guide detailed procedures for collecting, paying, managing, and using funds from administrative penalties in the maritime sector.

8. For violations in the maritime sector where the level of penalty is determined based on the tonnage of vessels, the total tonnage (GT) is measured according to the International Convention on Tonnage Measurement of Ships 1969, recorded in the certificate issued by the inspection agency. In cases where the vessel's certificate does not indicate tonnage, the tonnage of the vessel is calculated as follows:

a) Cargo vessels: 1.5 tons of registered deadweight equals 01 GT;

b) Tugboats, pusher boats: 01 horsepower equals 0.5 GT;

c) Barges: 01 ton of registered deadweight equals 01 GT.

Article 33. Procedure for Revoking the Right to Use Licenses

The procedure for revoking the right to use certificates, professional qualifications, and licenses shall be carried out in accordance with Article 59 of the Ordinance.

Article 34. Procedure for Confiscation and Disposal of Evidence and Means Used in Administrative Violations

1. When applying the form of confiscating evidence and means used in committing administrative violations, the authorized authority imposing penalties must prepare a record and implement according to Article 60 of the Ordinance.

2. The disposal of evidence and means used in committing administrative violations shall be carried out in accordance with Article 61 of the Ordinance.

Article 35. Execution of Decisions on Administrative Penalties

1. Individuals and organizations subject to administrative penalties must execute the decision on penalties within ten days from the date they receive the penalty decision, except where otherwise specified in the penalty decision. Beyond this period, if individuals and organizations subject to penalties do not voluntarily comply, the authorized authority imposing administrative penalties has the right to apply appropriate coercive measures.

2. The application of coercive measures to enforce decisions on administrative penalties shall be carried out in accordance with Article 66 of the Ordinance.

Article 36. Authority to Issue Coercive Enforcement Decisions on Administrative Penalty Decisions

The authority to issue coercive enforcement decisions on administrative penalty decisions shall be implemented in accordance with Article 67 of the Ordinance.

Article 37. Records and Penalty Decisions

Seven Appendices containing model records and penalty decisions are hereby issued along with this Decree for use during the process of imposing administrative penalties in the maritime sector.

Chapter IV

PETITIONING, REPORTING, REWARDING AND HANDLING VIOLATIONS

Article 38. Complaints, Reports, and Administrative Litigation

1. Individuals and organizations subject to administrative penalties in the maritime sector or their lawful representatives have the right to complain about decisions on administrative penalties, decisions on applying preventive measures, and ensuring the execution of administrative penalties. During the waiting period for the resolution of complaints by the competent authority, organizations and individuals subject to penalties must still execute the penalty decision, except in cases where demolition of construction works is required.

2. Every citizen has the right to report illegal acts in the imposition of administrative penalties in the maritime sector.

3. Competence, procedures, and deadlines for handling complaints and denunciations shall be implemented in accordance with the law on complaints and denunciations.

4. Legal proceedings against decisions on administrative penalties, decisions on applying preventive measures, and ensuring the execution of administrative penalties in the maritime sector shall be carried out in accordance with the provisions of the law on procedures for resolving administrative cases.

Article 39. Awards

Individuals and organizations that achieve outstanding results in combating administrative violations in the maritime sector shall be rewarded according to the general system of the State.

It is strictly prohibited to use funds collected from administrative penalties or from selling confiscated evidence and means in the maritime sector for rewards.

Article 40. Handling Violations

1. Authorities responsible for imposing administrative penalties in the maritime sector, persons assigned to perform specialized maritime inspection tasks, and heads of agencies assigned to perform specialized maritime inspection tasks who harass, tolerate, shield, fail to handle, or handle improperly, beyond their authority, or without timely and appropriate action shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law.

2. Individuals subject to administrative penalties in the maritime sector who commit acts of resisting public officials, delaying, evading compliance, or other violations shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 41. Effective Date

1. This Decree takes effect from September 1, 2011.

2. This Decree replaces Government Decree No. 62/2006/NĐ-CP dated June 21, 2006, on administrative penalties in the maritime sector.

Article 42. Implementation organization

1. The Minister of Transport is responsible for implementing this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the central government shall be responsible for enforcing this Decree./.