Decree No. 60/2011/NĐ-CP on administrative penalties for violations in inland waterway transport

DECREE

Regulations on Administrative Sanctions for Violations in the Field of Inland Waterway Transport

_______________________________

THE GOVERNMENT

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

Pursuant to the Law on Inland Waterway Traffic dated June 15, 2004;

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

1. This Decree stipulates acts of violation, forms of administrative sanctions, levels of sanctions, measures to remedy consequences, sanctioning authorities, and procedures for handling administrative violations in the field of inland waterway transport.

2. Administrative violations in the field of inland waterway transport are acts committed by organizations and individuals that intentionally or negligently violate regulations on inland waterway transport without constituting criminal offenses and which, according to the law, must be subject to administrative sanctions, including:

a) Violations concerning management and protection of works belonging to the infrastructure of inland waterway transport;

b) Violations concerning inland waterway vessels;

c) Violations concerning crew members and vessel operators;

d) Violations concerning traffic rules and signals of vessels;

đ) Violations concerning activities of inland waterway ports, wharfs, and inland waterway transport;

Article 2. Applicability

1. Organizations and individuals of Vietnam committing administrative violations in the field of inland waterway transport shall be subject to administrative sanctions as prescribed in this Decree.

Organizations and individuals from foreign countries committing administrative violations in the field of inland waterway transport within the territory of Vietnam shall be subject to sanctions as prescribed in this Decree; where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such treaties shall apply.

2. The handling of administrative sanctions against minors who commit administrative violations in the field of inland waterway transport shall be carried out in accordance with the provisions of Clause 1, Article 7 of the Ordinance on Handling Administrative Violations 2002.

3. Individuals operating ships when engaging in inland waterway transport who commit violations as prescribed in Articles 7, 20, 21, 22, 25, 26, and 32 of this Decree, or fishing vessels committing violations as prescribed in Articles 15 and 23 of this Decree, shall be subject to administrative sanctions as prescribed in those articles; for other administrative violations, the authority with sanctioning power as prescribed in this Decree shall impose sanctions in accordance with the decrees on administrative sanctions in the maritime and fisheries sectors.

Article 3. Principles of Imposition of Sanctions

1. All administrative violations in the field of inland waterway transport must be detected promptly and stopped immediately.

2. Administrative sanctions in the field of inland waterway transport must be implemented in accordance with the Ordinance on Handling Administrative Violations 2002, the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations 2008, this Decree, and must be conducted swiftly, fairly, thoroughly; all consequences caused by administrative violations must be remedied in accordance with the provisions of the law.

3. Individuals and organizations shall only be subject to administrative sanctions in the field of inland waterway transport if they commit acts violating the provisions of laws, ordinances, and this Decree.

4. An administrative violation in the field of inland waterway transport shall only be sanctioned once.

When an individual commits multiple acts of administrative violation, penalties shall be imposed for each separate act of violation.

When multiple people jointly commit an administrative violation, each violator shall be sanctioned.

5. When deciding on administrative sanctions, the nature and degree of the violation, the identity of the violator, and mitigating or aggravating circumstances as prescribed in Articles 8 and 9 of the Ordinance on Handling Administrative Violations 2002 shall be taken into account.

6. Administrative sanctions shall not be imposed in cases of emergency situations, justifiable self-defense, unexpected accidents, force majeure, or violations committed while suffering from mental illness or other diseases that impair cognitive ability or control over behavior.

Article 4. Principles for determining the authority to impose administrative penalties

1. The sanctioning authority under this Decree applies to a single act of violation. In cases involving fines, the sanctioning authority is determined based on the maximum level of the fine prescribed for each specific act of violation.

2. Where an act of violation falls within the jurisdiction of multiple authorities, the sanctioning shall be carried out by the first authority to handle the case.

3. In cases where an individual commits multiple acts of violation, the sanctioning authority shall be determined according to the following principles:

a) If the form and level of sanction prescribed for each act of violation all fall within the jurisdiction of the sanctioning authority, then the sanctioning authority remains that authority;

b) If the form and level of sanction prescribed for one of the acts exceed the jurisdiction of the sanctioning authority, then that authority must transfer the case to the competent authority with sanctioning power;

c) If the acts of violation fall within the jurisdiction of multiple authorities from different sectors, then the sanctioning authority belongs to the Chairman of the People's Committee at the level with sanctioning power where the violation occurred.

Article 5. Forms of administrative penalties and measures to remedy consequences

1. For each administrative violation in the field of inland waterway transport as prescribed in this Decree, the violator, whether an organization or an individual, shall be subject to one of the following main forms of administrative penalty:

a) To issue warnings;

b) Fine.

When imposing a fine, the amount of the fine for a specific administrative violation without aggravating circumstances or mitigating circumstances is the midpoint of the fine range prescribed for that violation. The midpoint of the fine range is determined by dividing the sum of the minimum and maximum amounts of the fine range by two. If the violation has mitigating circumstances, the fine may be reduced below the midpoint but not lower than the minimum amount of the fine range; if the violation has aggravating circumstances, the fine may be increased above the midpoint but not higher than the maximum amount of the fine range.

2. Depending on the nature and degree of the violation, the violator, whether an organization or an individual, may also be subject to one or more of the following supplementary forms of administrative penalty:

a) Revocation of the right to use business licenses, certificates, or other professional qualifications.

b) Confiscation of property or means of transport used to commit the administrative violation.

3. In addition to the main form of administrative penalty and the supplementary forms of administrative penalty prescribed in Clause 1 and Clause 2 of this Article, the violator, whether an organization or an individual, in the field of inland waterway transport shall also be subject to one or more of the following measures to remedy consequences:

a) Compel restoration to the original condition before it was changed due to the administrative violation or compel dismantling of construction works that do not comply with regulations.

b) Compel implementation of measures to address environmental pollution and disease spread caused by the administrative violation;

c) Compel destruction of items harmful to human health, animals, and plants.

d) Compel implementation of other measures to remedy consequences as prescribed in Chapter II of this Decree.

Article 6. Statute of limitations for administrative penalties in the field of inland waterway transport

1. The statute of limitations for administrative penalties in the field of inland waterway transport is one year, counted from the date the violation was committed. If the period exceeds the aforementioned time limit, no penalty will be imposed, but the measures to remedy consequences as prescribed in Clause 3 of Article 5 of this Decree will still be applied.

2. Within one year, if an organization or an individual commits another administrative violation in the field of inland waterway transport or deliberately evades or obstructs the imposition of penalties, the statute of limitations prescribed in Clause 1 of this Article will not apply; the statute of limitations for administrative penalties will be recalculated from the date of committing the new violation or the date of ceasing to evade or obstruct the imposition of penalties.

3. For individuals who have been indicted, prosecuted, or had a decision made to bring them to trial under criminal proceedings, but subsequently have a decision to terminate the investigation or close the case, where the act of violation is an administrative violation, they will be subject to administrative penalties; within three days from the date of issuing the decision to terminate the investigation or close the case, the person issuing the decision must send the decision to the authority competent to impose administrative penalties; in this case, the statute of limitations for administrative penalties is three months, counted from the date the authority competent to impose administrative penalties receives the decision to terminate the investigation or close the case and the file of the violation.

Chapter II

For the act of trading counterfeit goods without utility or function as stipulated in Clause 1, Article 4 of this Decree, the fine shall be as follows:

Section 1

VIOLATIONS OF PROVISIONS ON MANAGEMENT AND PROTECTION OF WORKS BELONGING TO THE INFRASTRUCTURE OF INLAND WATERWAY TRANSPORT

Article 7. Violation of regulations on protecting waterway infrastructure works

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

a) Dumping garbage or straw into inland waterways, port waters, or inland waterway wharfs;

b) Tethering livestock to inland waterway navigation aids, water boundary markers, measurement markers, or boundary markers of the protected channel width.

2. A fine of VND 100,000 to VND 200,000 shall be imposed for any of the following violations:

a) Planting trees, placing objects, setting up tents or engaging in other acts that limit the effectiveness of inland waterway navigation aids or obstruct the view of vessel operators;

b) Tethering vessels to inland waterway navigation aids, water boundary markers, measurement markers, or boundary markers of the protected channel width.

3. A fine from VND 200,000 to VND 500,000 shall be imposed for the act of allowing objects, bamboo, or wood to drift freely within the channel.

4. A fine from VND 500,000 to VND 1,000,000 shall be imposed for the act of allowing mud, soil, sand, gravel, or other waste materials to fall or drift into inland waterways.

5. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts: moving inland waterway navigation aids, water boundary markers, measurement markers, or boundary markers of the protected channel width, or engaging in other acts that render such aids ineffective.

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

a) Causing erosion of retaining walls or traffic dams;

b) Removing components or taking soil or rock from waterway infrastructure works;

c) Extracting sand, gravel, or other minerals within the protected channel width without complying with the provisions of the permit or written approval of the competent authority;

d) Dumping mud, soil, rock, sand, gravel, or other waste materials in violation of regulations into channels or within the protected channel width.

7. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

a) Allowing vessels to collide or come into contact with waterway infrastructure works or other structures on inland waterways, affecting the safety of such works or impeding traffic;

b) Constructing houses, floating houses, or other works without compliance with the provisions of the permit issued by the competent authority within the protected channel width or the protection zone of other waterway infrastructure works;

c) Extracting sand, gravel, or other minerals within the protected channel width without a permit or written approval from the competent authority.

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

a) Constructing houses, floating houses, or other works without permission from the competent authority within the protected channel width or the protection zone of other waterway infrastructure works;

b) Constructing works without compliance with the provisions of the permit issued by the competent authority within the channel;

c) Extracting sand, gravel, or other minerals within the channel, the protection zone of other waterway infrastructure works without compliance with the provisions of the permit or written approval from the competent authority.

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

a) Constructing works within the channel without permission from the competent authority;

b) Extracting sand, gravel, or other minerals within the channel, the protection zone of other waterway infrastructure works without a permit or written approval from the competent authority.

10. A fine from VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following violations:

a) Intentionally creating obstacles in the channel;

b) Using explosives that affect the safety of waterway infrastructure works or other structures on inland waterways.

11. Additional forms of punishment:

a) Revocation of the permit for sand, gravel, or mineral extraction for a period of three to six months for violations stipulated at point c Clause 6, point c Clause 8 of this Article;

b) Confiscation of equipment and means of transport for violations stipulated at point c Clause 7, Clause 9 of this Article.

12. Measures to remedy consequences:

a) Order the removal of trees, vehicles, livestock, objects, bamboo, or wood for violations stipulated at point b Clause 1, Clause 2, Clause 3; order the dismantling of tents, houses, floating houses, or works for violations stipulated at point a Clause 8, point a Clause 9, and order the dismantling of the part of the violation of houses, floating houses, or works for violations stipulated at point b Clause 7, point b Clause 8; order the clearance of obstacles for violations stipulated at point a Clause 10 of this Article;

b) Order the restoration to the original condition for violations stipulated at point a Clause 1, Clause 3, Clause 4, Clause 5, point a, point b Clause 6, point a, point c Clause 7, point c Clause 8, point b Clause 9, and point b Clause 10 of this Article.

Article 8. Violations of traffic safety regulations when constructing works, exploiting minerals, organizing drills, training, sports competitions, festivals, entertainment, and markets on inland waterways

1. A fine of VND 100,000 to VND 300,000 shall be imposed on individuals controlling vessels or construction equipment on inland waterways without a professional certificate or a permit to control such vessels or equipment as prescribed.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on organizations or individuals conducting construction works, exploiting sand, gravel, or other minerals, organizing drills, training, sports competitions, festivals, entertainment, and markets on inland waterways if they commit any of the following violations:

a) Failing to notify the competent authority for inland waterway traffic management when organizing drills, training, sports competitions, festivals, entertainment, and markets on inland waterways;

b) Implementing traffic safety measures not in accordance with the approved plan when conducting construction works, exploiting sand, gravel, or other minerals, organizing drills, training, sports competitions, festivals, and entertainment on inland waterways;

c) Causing obstacles to traffic with construction vessels or equipment;

d) Failing to hand over or handing over late or incomplete documentation related to construction works affecting inland waterway traffic to the inland waterway management unit upon completion of the works;

đ) Organizing markets on inland waterways without permission from the competent authority.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on organizations or individuals conducting construction works, exploiting sand, gravel, or other minerals, organizing drills, training, sports competitions, festivals, and entertainment on inland waterways if they fail to have a traffic safety plan or do not implement the approved traffic safety plan.

4. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on individuals conducting dredging works on inland waterways who dump mud, soil, rocks, sand, or gravel within the protected channel area outside the designated location by the competent authority.

5. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on individuals conducting dredging works on inland waterways who dump mud, soil, rocks, sand, or gravel within the channel area outside the designated location by the competent authority.

6. Measures to remedy consequences:

a) Order the implementation of traffic safety measures for violations stipulated in point b, Clause 2, and Article 3 of this Law;

b) Order the relocation of construction vessels or equipment for violations stipulated in point c, Clause 2 of this Law;

c) Order the submission of complete documentation related to construction works affecting inland waterway traffic to the inland waterway management unit for violations stipulated in point d, Clause 2 of this Law;

d) Order the relocation of market locations for violations stipulated in point đ, Clause 2 of this Law;

đ) Order the cleanup of areas where mud, soil, rocks, sand, or gravel were dumped for violations stipulated in Clause 4 and Clause 5 of this Law.

Article 9. Violations of inland waterway management regulations

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

a) Failing to report or reporting untimely according to regulations when channels change;

b) Failing to establish records to monitor obstructions on inland waterways that affect traffic safety.

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

a) Failing to promptly ensure traffic safety measures when obstructions are found on channels;

b) Allowing inland waterway transportation infrastructure to be damaged without repair measures.

3. Measures to remedy consequences:

a) Order the establishment of records to monitor obstructions on inland waterways for violations stipulated in point b, Clause 1 of this Law;

b) Order the implementation of traffic safety measures and repair of damaged infrastructure for violations stipulated in points a and b, Clause 2 of this Law.

Article 10. Violation of regulations on removal of obstructions

1. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for the act of failing to remove sunken vessels or other obstructions within the prescribed time limit by the inland waterway management unit.

2. A fine of from 2,000,000 VND to 5,000,000 VND shall be imposed for the act of not completely removing sunken vessels or not completely clearing other obstructions.

3. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed for the act of not removing sunken vessels or not clearing other obstructions.

4. Measures to remedy consequences:

Obligation to remove sunken vessels and clear obstructions shall be imposed for violations stipulated in Clause 2 and Clause 3 of this Article.

Article 11. Violation of regulations on ensuring traffic order and safety when exploiting and breeding aquatic products

1. A fine of from 100,000 VND to 300,000 VND shall be imposed for the act of mobile fishing or aquaculture activities that obstruct traffic.

2. A fine of from 300,000 VND to 500,000 VND shall be imposed for the act of placing equipment or leaving vessels for exploitation and breeding of aquatic products within the protected channel width, obstructing the view of vessel operators, or placing equipment or leaving vessels for exploitation and breeding of aquatic products not in accordance with the guidance of the inland waterway management unit.

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

a) Failure to dismantle equipment or move vessels for exploitation and breeding of aquatic products after the end of such activities within the protected channel width;

b) Failure to dismantle, move, or reduce equipment or vessels for exploitation and breeding of aquatic products according to the notification of the inland waterway management unit.

4. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed for the act of placing equipment or vessels for exploitation and breeding of aquatic products on the waterway.

5. Measures to remedy consequences:

Obligation to dismantle, reduce, or move equipment or vessels for exploitation and breeding of aquatic products shall be imposed for violations stipulated in Clause 2, Clause 3, and Clause 4 of this Article.

Article 12. Violation of regulations on inland waterway navigation signals

1. A fine of from 500,000 VND to 1,000,000 VND shall be imposed for failure to install or incorrect installation of boundary signals for inland waterway wharf waters as prescribed.

2. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed for failure to install, incorrect installation, or failure to maintain ferry terminal signals, river passenger terminal signals, and bottom fish signal lights.

3. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed for failure to maintain signals on the inland waterway route according to the approved plan by the competent authority.

4. A fine of from 3,000,000 VND to 4,000,000 VND shall be imposed for failure to install or incorrect installation of channel guidance signals, port boundary signals, obstruction position signals, inland waterway construction project signals, over-river bridge signals, and underwater tunnel signals.

5. Measures to remedy consequences:

Obligation to install and maintain signals according to regulations shall be imposed for violations stipulated in this Article.

Section 2

VIOLATIONS OF REGULATIONS ON INLAND WATERWAY VESSELS

Article 13. Violations concerning the conditions for operating vehicles, registering, and inspecting vehicles

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

a) Marking or affixing the registration number of the vehicle incorrectly;

b) The registration number marked or affixed on the vehicle being unclear or obstructed;

c) Operating a non-motorized vehicle with a total carrying capacity under 1 tonne or passenger capacity under 5 persons, or a raft without ensuring safety as prescribed.

2. A fine of VND 100,000 to VND 200,000 shall be imposed on the driver of a non-motorized vehicle with a total carrying capacity from 1 tonne to under 5 tonnes or passenger capacity from 5 to 12 persons, or a motorized vehicle with engine power under 5 horsepower or passenger capacity under 5 persons, who commits any of the following violations:

a) Not carrying the vehicle registration certificate;

b) Not re-registering the vehicle as prescribed or not declaring to remove the name of the vehicle or not returning the vehicle registration certificate as prescribed;

c) Not marking or affixing the vehicle's registration number as prescribed;

d) Not painting or painting incorrectly or allowing the safe draft mark of the vehicle to become unclear or obstructed;

đ) Not marking or marking incorrectly or allowing the number of passengers allowed to be carried on the vehicle to become unclear or obstructed;

e) Not ensuring the safety condition of the vehicle as prescribed.

3. A fine of VND 200,000 to VND 300,000 shall be imposed on the driver of a non-motorized vehicle with a total carrying capacity from 5 tonnes to 15 tonnes or passenger capacity from 12 to 30 persons, or a motorized vehicle with main engine power from 5 to 15 horsepower or passenger capacity from 5 to 12 persons, who commits any of the following violations:

a) Not carrying the vehicle registration certificate;

b) Not re-registering the vehicle as prescribed or not declaring to remove the name of the vehicle or not returning the vehicle registration certificate as prescribed;

c) Not marking or affixing the vehicle's registration number as prescribed;

d) Not painting or painting incorrectly or allowing the safe draft mark of the vehicle to become unclear or obstructed;

đ) Not marking or marking incorrectly or allowing the number of passengers allowed to be carried on the vehicle to become unclear or obstructed;

e) Not ensuring the safety condition of the vehicle as prescribed;

g) Not carrying the technical safety and environmental protection certificate of the vehicle;

h) Using the technical safety and environmental protection certificate of the vehicle that has expired.

4. Administrative penalties shall be imposed on any of the violations prescribed in Clause 3 of this Article or not having a logbook of crew members as prescribed, as follows:

a) A fine of VND 300,000 to VND 500,000 shall be imposed on a non-motorized vehicle with a total carrying capacity over 15 tonnes to 100 tonnes or passenger capacity over 30 to 100 persons, or a motorized vehicle with main engine power over 15 to 100 horsepower or passenger capacity over 12 to 50 persons;

b) A fine of VND 500,000 to VND 700,000 shall be imposed on a non-motorized vehicle with a total carrying capacity over 100 tonnes to 500 tonnes or passenger capacity over 100 persons, or a motorized vehicle with main engine power over 100 to 400 horsepower or passenger capacity over 50 to 150 persons;

c) A fine of VND 700,000 to VND 1,000,000 shall be imposed on a non-motorized vehicle with a total carrying capacity over 500 tonnes, or a motorized vehicle with main engine power over 400 horsepower or passenger capacity over 150 persons.

5. Administrative penalties shall be imposed on the act of using a vehicle that is not registered or inspected or does not ensure the technical safety and environmental protection condition of the vehicle as prescribed, as follows:

a) A fine of VND 300,000 to VND 500,000 shall be imposed on a non-motorized vehicle with a total carrying capacity from 1 tonne to under 5 tonnes or passenger capacity from 5 to 12 persons, or a motorized vehicle with main engine power under 5 horsepower or passenger capacity under 5 persons;

b) A fine of VND 500,000 to VND 700,000 shall be imposed on a non-motorized vehicle with a total carrying capacity from 5 tonnes to 15 tonnes or passenger capacity over 12 to 30 persons, or a motorized vehicle with main engine power from 5 to 15 horsepower or passenger capacity from 5 to 12 persons;

c) A fine of VND 700,000 to VND 1,000,000 shall be imposed on a non-motorized vehicle with a total carrying capacity over 15 tonnes to 100 tonnes or passenger capacity over 30 to 100 persons, or a motorized vehicle with main engine power over 15 to 100 horsepower or passenger capacity over 12 to 50 persons;

d) A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on a non-motorized vehicle with a total carrying capacity over 100 tonnes to 500 tonnes or passenger capacity over 100 persons, or a motorized vehicle with main engine power over 100 to 400 horsepower or passenger capacity over 50 to 150 persons;

đ) A fine of VND 2,000,000 to VND 3,000,000 shall be imposed on a non-motorized vehicle with a total carrying capacity over 500 tonnes, or a motorized vehicle with main engine power over 400 horsepower or passenger capacity over 150 persons.

6. Administrative penalties shall be imposed on any of the acts of falsely declaring to register or inspect the vehicle; borrowing, renting, lending, or leasing equipment or tools to obtain inspection, as follows:

a) A fine of VND 500,000 to VND 1,000,000 shall be imposed on a non-motorized vehicle with a total carrying capacity from 1 tonne to under 5 tonnes or passenger capacity from 5 to 12 persons, or a motorized vehicle with main engine power under 5 horsepower or passenger capacity under 5 persons;

b) A fine of VND 1,000,000 to VND 2,000,000 shall be imposed on a non-motorized vehicle with a total carrying capacity from 5 tonnes to 15 tonnes or passenger capacity over 12 to 30 persons, or a motorized vehicle with main engine power from 5 to 15 horsepower or passenger capacity from 5 to 12 persons;

c) A fine of VND 2,000,000 to VND 4,000,000 shall be imposed on a non-motorized vehicle with a total carrying capacity over 15 tonnes to 100 tonnes or passenger capacity over 30 to 100 persons, or a motorized vehicle with main engine power over 15 to 100 horsepower or passenger capacity over 12 to 50 persons;

d) A fine of VND 4,000,000 to VND 6,000,000 shall be imposed on a non-motorized vehicle with a total carrying capacity over 100 tonnes to 500 tonnes or passenger capacity over 100 persons, or a motorized vehicle with main engine power over 100 to 400 horsepower or passenger capacity over 50 to 150 persons;

đ) A fine of VND 6,000,000 to VND 8,000,000 shall be imposed on a non-motorized vehicle with a total carrying capacity over 500 tonnes, or a motorized vehicle with main engine power over 400 horsepower or passenger capacity over 150 persons.

7. The penalty for the act of using counterfeit registration papers for vehicles, counterfeit certificates of technical safety and environmental protection for vehicles, forging or affixing counterfeit registration numbers shall be as follows:

a) A fine of from VND 1,000,000 to VND 2,000,000 for vehicles without engines with a total carrying capacity from 1 ton to less than 5 tons or with a passenger capacity from 5 people to 12 people, or vehicles with engines having a total power of less than 5 horsepower or with a passenger capacity of less than 5 people;

b) A fine of from VND 2,000,000 to VND 4,000,000 for vehicles without engines with a total carrying capacity from 5 tons to 15 tons or with a passenger capacity over 12 people to 30 people, or vehicles with engines having a total power of from 5 horsepower to 15 horsepower or with a passenger capacity from 5 people to 12 people;

c) A fine of from VND 4,000,000 to VND 6,000,000 for vehicles without engines with a total carrying capacity from 15 tons to 100 tons or with a passenger capacity over 30 people to 100 people, or vehicles with engines having a total power of from 15 horsepower to 100 horsepower or with a passenger capacity from 12 people to 50 people;

d) A fine of from VND 6,000,000 to VND 8,000,000 for vehicles without engines with a total carrying capacity from 100 tons to 500 tons or with a passenger capacity over 100 people, or vehicles with engines having a total power of from 100 horsepower to 400 horsepower or with a passenger capacity from 50 people to 150 people;

đ) A fine of from VND 8,000,000 to VND 10,000,000 for vehicles without engines with a total carrying capacity over 500 tons, or vehicles with engines having a total power of over 400 horsepower or with a passenger capacity over 150 people.

8. Additional forms of punishment:

Seize the objects used to commit the violation stipulated in Clause 6 and Clause 7 of this Article.

9. Remedial measures:

Order the violator to comply fully with the conditions for operation and technical safety standards for vehicles as stipulated in this Article.

Article 14. Violations concerning safety equipment and devices of vehicles

1. Warning or a fine of from VND 20,000 to VND 50,000 for the act of operating a vehicle without an engine with a total carrying capacity under 5 tons or with a passenger capacity up to 12 people, or a vehicle with an engine having a power of less than 5 horsepower or with a passenger capacity of less than 5 people, without being equipped or not being fully equipped with safety devices as prescribed.

2. Administrative penalties for one of the acts of not equipping with sufficient quantity, not of the correct type, not ensuring quality, or not placing in the correct position one of the life-saving, rescue, fire prevention and extinguishing, mooring, and vessel connection devices as prescribed shall be as follows:

a) A fine of from VND 50,000 to VND 100,000 for vehicles without engines with a total carrying capacity from 5 tons to 15 tons or with a passenger capacity over 12 people to 30 people; or vehicles with engines having a total power of from 5 horsepower to 15 horsepower or with a passenger capacity from 5 people to 12 people;

b) A fine of from VND 100,000 to VND 300,000 for vehicles without engines with a total carrying capacity from 15 tons to 100 tons or with a passenger capacity over 30 people to 100 people; or vehicles with engines having a total power of from 15 horsepower to 100 horsepower or with a passenger capacity from 12 people to 50 people, tugboat with a total carrying capacity up to 400 tons;

c) A fine of from VND 300,000 to VND 500,000 for vehicles without engines with a total carrying capacity from 100 tons to 500 tons or with a passenger capacity over 100 people; or vehicles with engines having a total power of from 100 horsepower to 400 horsepower or with a passenger capacity from 50 people to 150 people, tugboat with a total carrying capacity from 400 tons to 1,000 tons;

d) A fine of from VND 500,000 to VND 1,000,000 for vehicles without engines with a total carrying capacity over 500 tons, or vehicles with engines having a total power of over 400 horsepower or with a passenger capacity over 150 people, tugboat with a total carrying capacity over 1,000 tons.

3. Penalties for the act of not equipping one of the types of life-saving, rescue, fire prevention and extinguishing, mooring, and vessel connection devices as prescribed shall be as follows:

a) A fine of from VND 200,000 to VND 300,000 for vehicles without engines with a total carrying capacity from 5 tons to 15 tons or with a passenger capacity over 12 people to 30 people, or vehicles with engines having a total power of from 5 horsepower to 15 horsepower or with a passenger capacity from 5 people to 12 people;

b) A fine of from VND 300,000 to VND 500,000 for vehicles without engines with a total carrying capacity from 15 tons to 100 tons or with a passenger capacity over 30 people to 100 people, or vehicles with engines having a total power of from 15 horsepower to 100 horsepower or with a passenger capacity from 12 people to 50 people, tugboat with a total carrying capacity up to 400 tons;

c) A fine of from VND 500,000 to VND 1,000,000 for vehicles without engines with a total carrying capacity from 100 tons to 500 tons or with a passenger capacity up to 100 people, or vehicles with engines having a total power of from 100 horsepower to 400 horsepower or with a passenger capacity from 50 people to 150 people, tugboat with a total carrying capacity from 400 tons to 1,000 tons;

d) A fine of from VND 1,000,000 to VND 2,000,000 for vehicles without engines with a total carrying capacity over 500 tons, or vehicles with engines having a total power of over 400 horsepower or with a passenger capacity over 150 people, tugboat with a total carrying capacity over 1,000 tons.

4. Measures to remedy consequences:

Order the violator to equip with sufficient quantity, of the correct type, ensuring quality, and placed in the correct position the life-saving, rescue, fire prevention and extinguishing, and mooring devices as prescribed for violations stipulated in this Article.

Article 15. Violation of provisions on the purpose of use and operating area of vessels

1. Administrative penalties shall be imposed for the act of putting vessels into operation not in accordance with their intended purpose or operating area as prescribed, as follows:

a) Warning or a fine from VND 100,000 to VND 200,000 for vessels without engines with a total carrying capacity under five tons or with a passenger capacity up to twelve persons; vessels with engines having a main engine power under five horsepower or with a passenger capacity under five persons;

b) A fine from VND 200,000 to VND 300,000 for vessels without engines with a total carrying capacity from five tons to fifteen tons or with a passenger capacity over twelve persons to thirty persons, vessels with engines having a total main engine power from five horsepower to fifteen horsepower or with a passenger capacity from five persons to twelve persons;

c) A fine from VND 300,000 to VND 500,000 for vessels without engines with a total carrying capacity over fifteen tons to one hundred tons or with a passenger capacity over thirty persons to one hundred persons, vessels with engines having a total main engine power over fifteen horsepower to one hundred horsepower or with a passenger capacity over twelve persons to fifty persons;

d) A fine from VND 500,000 to VND 1,000,000 for vessels without engines with a total carrying capacity over one hundred tons to five hundred tons or with a passenger capacity over fifty persons to one hundred and fifty persons, vessels with engines having a total main engine power over one hundred horsepower to four hundred horsepower or with a passenger capacity over one hundred and fifty persons.

2. Additional forms of punishment:

Suspension of the right to use the captain's license of the vessel captain specified in points c, d, đ of Clause 1 of this Article for one to two months when there is a violation of the provisions of Clause 1 of this Article.

Article 16. Violation of provisions on design, construction, conversion, repair and restoration of vessels

1. A fine from VND 3,000,000 to VND 5,000,000 for organizations and individuals engaged in designing, constructing, converting, repairing and restoring vessels that do not meet the required conditions as prescribed.

2. A fine from VND 5,000,000 to VND 7,000,000 for the owner of the facility or individual engaged in constructing, converting, repairing and restoring vessels committing one of the following violations:

a) Constructing, converting, repairing and restoring vessels not in accordance with the approved design files by the inspection authority;

b) Not implementing or not fully implementing fire prevention and firefighting measures as prescribed;

c) Discharging waste in violation of regulations causing environmental pollution.

3. A fine from VND 5,000,000 to VND 7,000,000 for one of the following violations:

a) The owner of the facility conducting construction, conversion, repair and restoration of vessels subject to inspection but without design files approved by the inspection authority;

b) The owner of the vessel or crew members arbitrarily converting, changing functions, structure, and purpose of the vessel.

4. Additional penalties:

Suspension of the right to use the license or certificate of practice for one to three months for violations of Clause 1, point a of Clause 3 of this Article.

5. Measures to remedy consequences:

Compel the implementation of fire prevention and firefighting measures and environmental pollution remediation for the owner of the facility violating the provisions of point b, point c of Clause 2 of this Article.

Section 3

VIOLATION OF PROVISIONS ON CREW MEMBERS AND VESSEL OPERATORS

Article 17. Violation of provisions on certificates of crew members and vessel operators

1. Administrative penalties shall be imposed on crew members and vessel operators working on vessels committing the following violations:

a) A fine from VND 200,000 to VND 300,000 for the act of not having, not carrying basic safety training certificates or carrying vocational certificates;

b) A fine from VND 300,000 to VND 500,000 for the act of not having vocational certificates as prescribed or not carrying special professional certificates;

c) A fine from VND 500,000 to VND 1,000,000 for the act of not having special professional certificates as prescribed.

2. Administrative penalties shall be imposed on crew members working on vessels without licenses, not carrying licenses, or having licenses but not suitable for the type of vessel as prescribed, as follows:

a) A fine from VND 500,000 to VND 1,000,000 for captains, deputy captains, chief engineers, deputy chief engineers not carrying captain’s licenses, chief engineer’s licenses;

b) A fine from VND 1,000,000 to VND 2,000,000 for captains, deputy captains, chief engineers, deputy chief engineers having captain’s licenses, chief engineer’s licenses but not suitable for the type of vessel as prescribed;

c) A fine from VND 2,000,000 to VND 3,000,000 for captains, deputy captains, chief engineers, deputy chief engineers not having licenses but required to have third-class captain’s licenses, third-class chief engineer’s licenses;

d) A fine from VND 3,000,000 to VND 4,000,000 for captains, deputy captains, chief engineers, deputy chief engineers not having licenses but required to have second-class captain’s licenses, second-class chief engineer’s licenses;

đ) A fine from VND 4,000,000 to VND 5,000,000 for captains, deputy captains, chief engineers, deputy chief engineers not having licenses but required to have first-class captain’s licenses, first-class chief engineer’s licenses.

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

a) Assigning individuals to hold the positions of captain, deputy captain, chief engineer, deputy chief engineer without captain’s licenses, chief engineer’s licenses or having captain’s licenses, chief engineer’s licenses but not suitable for the type of vessel as prescribed;

b) Assigning individuals without captain’s licenses or vessel driving certificates to operate vessels or having captain’s licenses, vessel driving certificates but not suitable for the type of vessel as prescribed.

4. Administrative penalties shall be imposed for the acts of renting, lending or hiring, borrowing licenses and professional certificates; erasing, altering licenses and professional certificates, as follows:

a) A fine from VND 500,000 to VND 1,000,000 for vocational certificates;

b) A fine from VND 1,000,000 to VND 2,000,000 for special professional certificates;

c) A fine from VND 2,000,000 to VND 3,000,000 for captain’s licenses, chief engineer’s licenses.

5. Administrative penalties shall be imposed for the act of making false declarations to obtain or change licenses and professional certificates, as follows:

a) A fine from VND 1,000,000 to VND 2,000,000 for vocational certificates;

b) A fine from VND 2,000,000 to VND 3,000,000 for special professional certificates;

c) A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on the holder of a master's certificate or chief engineer's certificate.

6. Administrative penalties for the act of using counterfeit certificates or special competency certificates of seafarers or inland waterway vessel operators shall be as follows:

a) A fine of from VND 3,000,000 to VND 4,000,000 shall be imposed on the act of using counterfeit special competency certificates or certificates of vocational training;

b) A fine of from VND 4,000,000 to VND 6,000,000 shall be imposed on the act of using counterfeit third-class master's or chief engineer's certificates;

c) A fine of from VND 6,000,000 to VND 8,000,000 shall be imposed on the act of using counterfeit second-class master's or chief engineer's certificates;

d) A fine of from VND 8,000,000 to VND 10,000,000 shall be imposed on the act of using counterfeit first-class master's or chief engineer's certificates;

7. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on the act of producing counterfeit master's or chief engineer's certificates or special competency certificates of seafarers or inland waterway vessel operators;

8. Additional forms of punishment:

a) The right to use certificates or special competency certificates shall be suspended for one to three months for violations stipulated in Clause 4 of this Article;

b) Certificates or special competency certificates of seafarers or vessel operators shall be confiscated for violations stipulated in Clauses 5, 6, and 7 of this Article;

c) Seized items or means of transportation used to commit administrative offenses shall be confiscated for violations stipulated in Clause 7 of this Article;

9. Remedial measures:

Violators shall be ordered to remedy the violation for acts violating the provisions of Clause 2 and Clause 3 of this Article;

Article 18. Violations concerning seafarers and vessel operators

1. A fine of from VND 100,000 to VND 200,000 shall be imposed on the act of working on a vessel with a blood alcohol concentration exceeding 80 milligrams per 100 milliliters of blood or 40 milligrams per liter of exhaled air, or using other stimulants prohibited by law;

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

a) Not providing sufficient crew members as prescribed or using persons not listed in the crew register to work on the vessel;

b) Assigning seafarers or vessel operators to work when their blood alcohol concentration exceeds 80 milligrams per 100 milliliters of blood or 40 milligrams per liter of exhaled air, or when they have used other stimulants prohibited by law;

c) Not assigning a seafarer to watch over the vessel when it is moored or not assigning a lookout person when the vessel is traveling under conditions of limited visibility;

d) A seafarer assigned to watch over the vessel when it is moored is not present on the vessel or does not perform the duty of watching over the vessel as prescribed;

đ) Using persons who do not meet the prescribed requirements as seafarers;

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

a) Assigning persons who are not physically fit, not of the required age, or are beyond the required age to hold positions of master, chief engineer, mate, or assistant engineer;

b) The master or mate is not present on the vessel during their shift while the vessel is underway;

c) The master does not directly control the vessel when passing through bridges, locks, entering or leaving ports or inland waterway terminals, or in other situations where the master must directly control the vessel according to regulations;

d) A seafarer who is not the master directly controls the vessel when passing through bridges, locks, entering or leaving ports or inland waterway terminals, or in other situations where the master must directly control the vessel according to regulations;

4. Administrative penalties for the act of operating a vessel or working on a vessel during the period when the right to use special competency certificates, master's certificates, or chief engineer's certificates has been suspended shall be as follows:

a) A fine of from VND 200,000 to VND 500,000 shall be imposed for special competency certificates;

b) A fine of from VND 500,000 to VND 1,000,000 shall be imposed for third-class master's or chief engineer's certificates;

c) A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for second-class master's or chief engineer's certificates;

d) A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed for first-class master's or chief engineer's certificates;

5. Additional forms of punishment:

The right to use a master's certificate shall be suspended for one to two months for violations stipulated in Point b and Point c of Clause 3 of this Article.

6. Measures to remedy consequences:

Violators shall be ordered to remedy the violation for acts violating the provisions of Clause 2 and Clause 3 of this Article;

Article 19. Violations concerning training institutions for seafarers and drivers of vessels

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

a) Failure to comply with the admission regulations;

b) Failure to implement or incomplete implementation of the training content and program as prescribed.

2. A fine of from seven million to ten million Vietnamese dong shall be imposed for any of the following violations:

a) Failure to meet the prescribed standards for classrooms, workshops, and practical areas;

b) Failure to meet the prescribed conditions for teaching materials;

c) Failure to meet the prescribed conditions for instructors;

d) Failure to comply with examination and assessment regulations for students.

3. A fine of from ten million to fifteen million Vietnamese dong shall be imposed for organizing training for seafarers and drivers of vessels without obtaining the certificate from the competent authority.

Article 20. Violations concerning responsibilities when inland waterway traffic accidents occur

1. A warning or a fine of from fifty thousand to one hundred thousand Vietnamese dong shall be imposed for failure to promptly report to the nearest public security agency or local people's committee upon occurrence of an inland waterway traffic accident.

2. A fine of from one hundred thousand to two hundred thousand Vietnamese dong shall be imposed for failure to appear at the time required by the competent state authority.

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

a) Failure to protect or alteration of evidence related to the accident;

b) Failure to provide or incomplete provision of documents and evidence related to the accident;

c) Evading rescue obligations when there are conditions for rescue;

d) Causing disorder and hindering rescue and accident handling;

đ) Exploiting the occurrence of an accident to infringe upon the property or vessel of the victim;

4. A fine of from three million to five million Vietnamese dong shall be imposed for causing an accident and fleeing.

5. Additional forms of punishment:

a) Suspension of the right to use licenses and certificates for one to three months for violations stipulated in Clause 3 of this Article;

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

Article 21. Violations concerning inspection and supervision

1. A fine of between 500,000 dong and 1,000,000 dong shall be imposed for one of the following violations:

a) Failure to stop the vessel upon receiving an inspection or supervision signal from an authorized person;

b) Failure to present complete documents of the vessel, seafarer, driver, or cargo upon request for inspection by an authorized person;

c) Failure to comply with the requirements of an authorized person regarding inspection and supervision of safety equipment and tools of the vessel.

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

a) Intentional refusal to stop the vessel for inspection or supervision according to the order of an authorized person;

b) Failure to present or intentional delay in presenting documents of the vessel, seafarer, driver, or cargo upon request for inspection by an authorized person;

c) Insulting, defaming, or offending an authorized person during inspection or supervision, or obstructing such activities;

d) Failure to deliver or intentional delay in delivering the vessel to the location for handling violations as requested by an authorized person;

đ) Engaging in bribery of law enforcement officers to evade administrative penalties.

3. A fine of from two million to three million Vietnamese dong shall be imposed for resisting inspection or supervision by an authorized person.

4. Additional forms of administrative punishment:

a) Suspension of the right to use licenses and certificates for one to three months for violations stipulated in Clause 2 and Clause 3 of this Article;

b) Confiscation and transfer to the state treasury of money, assets, or other material benefits for violations stipulated in point đ of Clause 2 of this Article.

SECTION 4

VIOLATIONS OF TRAFFIC RULES AND SIGNALS OF VESSELS

Article 22. Violation of inland waterway traffic rules

1. A warning or a fine of from VND 50,000 to VND 100,000 shall be imposed on the person controlling a non-motorized vehicle with a total carrying capacity under five tons or a motorized vehicle with a main engine power under five horsepower or a carrying capacity under five people, for committing any of the following violations:

a) Attaching to a passenger-carrying vehicle or a dangerous goods-carrying vehicle while in transit;

b) Allowing a passenger-carrying vehicle or a dangerous goods-carrying vehicle to attach to their vehicle while in transit;

c) Not complying with the instructions of inland waterway traffic signs;

d) Not reducing the speed of the vehicle as prescribed;

đ) Not complying with regulations when passing through bridges, culverts, ship locks, or instructions of traffic controllers;

e) Not emitting signals of the vehicle as prescribed when entering or leaving ports, inland waterway terminals, traveling in conditions with limited visibility, or at intersections, sharp bends;

g) Mooring the vehicle in prohibited areas, not complying with mooring regulations, or mooring the vehicle obstructing traffic;

h) Not emitting signals as prescribed before the vehicle leaves the port, inland waterway terminal, or mooring position;

i) Mooring the vehicle to load/unload cargo or pick up/drop off passengers in non-port or non-inland waterway terminal waters.

2. Administrative penalties for any of the violations stipulated in Clause 1 of this Article shall be applied to each type of vehicle as follows:

a) A fine of from VND 100,000 to VND 200,000 shall be imposed on a non-motorized vehicle with a total carrying capacity from five tons to fifteen tons or a carrying capacity over twelve people to thirty people, or a motorized vehicle with a main engine power from five horsepower to fifteen horsepower or a carrying capacity from five people to twelve people;

b) A fine of from VND 200,000 to VND 300,000 shall be imposed on a non-motorized vehicle with a total carrying capacity over fifteen tons to one hundred tons or a carrying capacity over thirty people to one hundred people, or a motorized vehicle with a main engine power over fifteen horsepower to one hundred horsepower or a carrying capacity over twelve people to fifty people;

c) A fine of from VND 300,000 to VND 500,000 shall be imposed on a non-motorized vehicle with a total carrying capacity over one hundred tons to five hundred tons or a carrying capacity over one hundred people, or a motorized vehicle with a main engine power over one hundred horsepower to four hundred horsepower or a carrying capacity over fifty people to one hundred and fifty people;

d) A fine of from VND 500,000 to VND 1,000,000 shall be imposed on a non-motorized vehicle with a total carrying capacity over five hundred tons, or a motorized vehicle with a main engine power over four hundred horsepower or a carrying capacity over one hundred and fifty people.

3. A fine of from VND 100,000 to VND 200,000 shall be imposed on the act of controlling a non-motorized vehicle with a total carrying capacity under five tons or a carrying capacity up to twelve people, or a motorized vehicle with a main engine power under five horsepower or a carrying capacity under five people, for committing any of the following violations:

a) Not emitting signals or emitting incorrect signals as prescribed when avoiding or overtaking another vehicle;

b) Overtaking another vehicle without receiving permission signals from that vehicle;

c) Abusing the right of way or priority rights causing danger or hindrance to other vehicles;

d) Not yielding or not giving way to other vehicles as prescribed;

đ) Attaching or allowing another vehicle to attach to their vehicle while in transit for loading/unloading cargo.

4. Administrative penalties for any of the violations stipulated in Clause 3 of this Article shall be applied to each type of vehicle as follows:

a) A fine of from VND 200,000 to VND 300,000 for vehicles without engines with a total carrying capacity from 5 tons to 15 tons or with a passenger capacity over 12 people to 30 people, or vehicles with engines having a total power of from 5 horsepower to 15 horsepower or with a passenger capacity from 5 people to 12 people;

b) A fine of from VND 300,000 to VND 500,000 shall be imposed on a non-motorized vehicle with a total carrying capacity over fifteen tons to one hundred tons or a carrying capacity over thirty people to one hundred people, or a motorized vehicle with a main engine power over fifteen horsepower to one hundred horsepower or a carrying capacity over twelve people to fifty people;

c) A fine of from VND 500,000 to VND 1,000,000 shall be imposed on a non-motorized vehicle with a total carrying capacity over one hundred tons to five hundred tons or a carrying capacity over one hundred people, or a motorized vehicle with a main engine power over one hundred horsepower to four hundred horsepower or a carrying capacity over fifty people to one hundred and fifty people;

d) A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on a non-motorized vehicle with a total carrying capacity over five hundred tons, or a motorized vehicle with a main engine power over four hundred horsepower or a carrying capacity over one hundred and fifty people.

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

a) Controlling a vehicle weaving dangerously, causing loss of safety;

b) Controlling a vehicle running creating large waves damaging transportation infrastructure;

c) Controlling a vehicle running at high speeds causing loss of safety for other vehicles.

6. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed on the master of a vessel controlling a vehicle not adhering to height, depth, width restrictions announced in warnings, thereby causing traffic accidents, traffic congestion, or damage to inland waterway infrastructure.

7. A fine of from VND 7,000,000 to VND 10,000,000 shall be imposed on the master of a tugboat controlling a vehicle not adhering to towing restrictions announced in warnings, thereby causing traffic accidents, traffic congestion, or damage to inland waterway infrastructure.

8. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on the act of racing vehicles contrary to regulations.

9. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed on the act of organizing races for vehicles without authorization from competent authorities.

10. Additional forms of punishment:

a) Revoking the master's license, professional certificates of crew members, and drivers' licenses for one to two months for violations stipulated in Clause 5 of this Article; revoking the master's license for two to three months for violations stipulated in Clauses 6 and 7 of this Article; revoking the professional certificates of crew members and drivers' licenses indefinitely for violations stipulated in Clause 8 of this Article;

b) Confiscating the vehicle for violations stipulated in Clauses 8 and 9 of this Article.

11. Remedial measures:

Compelling restoration to the original condition of damaged infrastructure caused by violations stipulated in Clauses 6 and 7 of this Article.

Article 23. Violations concerning signal regulations for vessels

1. Administrative penalties shall be imposed on acts of using signals on vessels that do not meet technical standards as prescribed, as follows:

a) Warning or a fine from 30,000 VND to 50,000 VND for vessels without engines with a total load capacity under 50 tons, vessels with main engine power under 5 horsepower, or rafts.

b) A fine from 50,000 VND to 100,000 VND for vessels without engines with a total load capacity of 50 tons or more, vessels with main engine power from 5 horsepower to less than 50 horsepower, except for those vessels specified in point c, Clause 1, Article 23 of this Law.

c) A fine from 100,000 VND to 200,000 VND for vessels with main engine power of 50 horsepower or more, high-speed vessels over 30 km/h, passenger-carrying vessels, pilot transfer vessels, vessels performing tasks on channels, fishing vessels, dangerous cargo-carrying vessels, people or animal-carrying vessels affected by disease, tugboat groups, or vessels stranded on channels.

2. Administrative penalties shall be imposed on acts of failing to arrange or arranging signals incorrectly on vessels as prescribed, as follows:

a) A fine from 100,000 VND to 300,000 VND for vessels without engines with a total load capacity under 50 tons, vessels with main engine power under 5 horsepower, or rafts.

b) A fine from 300,000 VND to 500,000 VND for vessels without engines with a total load capacity of 50 tons or more, vessels with main engine power from 5 horsepower to less than 50 horsepower, except for those vessels specified in point c, Clause 2, Article 23 of this Law.

c) A fine from 500,000 VND to 700,000 VND for vessels with main engine power of 50 horsepower or more, passenger-carrying vessels, fishing vessels, high-speed vessels over 30 km/h, pilot transfer vessels, dangerous cargo-carrying vessels, people or animal-carrying vessels affected by disease, vessels performing tasks on channels, tugboat groups, or vessels stranded on channels.

3. Measures to remedy consequences:

Obligation to rectify signals that do not meet standards for violations stipulated in Clause 1, and to properly arrange vessel signals for violations stipulated in Clause 2 of this Article.

MỤC 5

VIOLATIONS OF REGULATIONS ON THE OPERATIONS OF INLAND WATERWAY PORTS AND INLAND WATERWAY TRANSPORT

Article 24. Violations concerning the operation of inland waterway ports and wharves

1. A fine of between 500,000 dong and 1,000,000 dong shall be imposed for one of the following violations:

a) Failure to have an internal regulation board for inland waterway ports and wharves required to have such a board according to regulations; passenger ports lacking price boards as prescribed.

b) Failure to arrange, or improperly arranging, or failing to ensure safety conditions for any of the following equipment: shock absorbers, gangways for boarding and disembarking, mooring posts, or mooring buoys, night lighting, or lack of waiting rooms for passengers.

c) Arranging personnel to operate loading and unloading equipment without the required professional certificates as prescribed.

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

a) Operating a wharf beyond the permitted water area or beyond the permitted period; arbitrarily changing the structure or size of the wharf from what is stipulated in the operating permit.

b) Failing to equip or inadequately equipping fire prevention and firefighting equipment as prescribed.

c) Using loading and unloading equipment without registration or failing to meet prescribed safety technical standards.

d) Allowing passengers to disembark from vessels exceeding their carrying capacity, or loading cargo onto vessels beyond the safe draft mark.

đ) Loading or unloading cargo, or picking up or dropping off passengers when the vessel has not been granted permission to enter the wharf.

e) Accepting vessels with drafts or dimensions larger than those specified in the authorization decision of the competent authority.

3. A fine from 2,000,000 VND to 3,000,000 VND for the act of putting an inland waterway port into operation without an operating permit from the competent authority.

4. A fine from 3,000,000 VND to 4,000,000 VND for any of the following acts:

a) Operating an inland waterway port beyond the permitted water area or beyond the permitted period, or changing the structure, size, or function of the port without approval from the competent authority.

b) Failing to equip or inadequately equipping fire prevention and firefighting equipment as prescribed.

c) Using loading and unloading equipment that does not meet prescribed safety technical standards.

d) Allowing passengers to disembark from vessels exceeding their carrying capacity, or loading cargo onto vessels beyond the safe draft mark.

đ) Loading or unloading cargo, or picking up or dropping off passengers when the vessel has not been granted permission to enter the loading/unloading position or passenger pick-up/drop-off location.

e) Accepting vessels with drafts or dimensions larger than those specified in the consolidation decision of the competent authority.

5. A fine from 5,000,000 VND to 6,000,000 VND for the act of putting a port into operation without announcement by the competent authority.

6. A fine from 6,000,000 VND to 7,000,000 VND for the act of discharging waste in unauthorized locations or causing environmental pollution in port waters.

7. Measures to remedy consequences:

Obligation to remove excess passengers from the vessel beyond its carrying capacity, or cargo beyond the safe draft mark of the vessel as prescribed for violations stipulated in point đ, Clause 2, and point đ, Clause 4; obligation to implement measures to mitigate environmental pollution for violations stipulated in Clause 6 of this Article.

Article 25. Violations concerning activities of vessels within port and inland waterway terminal areas

1. A warning or a fine from VND 50,000 to VND 100,000 shall be imposed on crew members or drivers of vessels without engines with a total deadweight of up to 15 tons or carrying capacity of up to 30 persons, or vessels with main engine power of up to 15 horsepower or carrying capacity of up to 12 persons, for any of the following violations:

a) Not allowing other vessel personnel to pass through their vessel;

b) Violating port and inland waterway terminal regulations or causing disorder at the port or inland waterway terminal;

c) Operating vessels entering or leaving the port or inland waterway terminal without a permit as prescribed;

d) Refusing to comply with the mobilization instructions of authorized personnel to rescue people or distressed vessels;

đ) Moving or mooring vessels without permission in designated areas within the port or inland waterway terminal waters.

2. Administrative penalties for any of the violations stipulated in Clause 1 of this Article shall be applied to each type of vehicle as follows:

a) A fine from VND 100,000 to VND 200,000 shall be imposed on vessels with a total deadweight of over 15 tons to 100 tons or carrying capacity of over 30 persons to 100 persons, or vessels with main engine power of over 15 horsepower to 100 horsepower or carrying capacity of over 12 persons to 50 persons;

b) A fine from VND 200,000 to VND 300,000 shall be imposed on vessels with a total deadweight of over 100 tons to 500 tons or carrying capacity of over 100 persons, or vessels with main engine power of over 100 horsepower to 400 horsepower or carrying capacity of over 50 persons to 150 persons;

c) A fine from VND 300,000 to VND 500,000 shall be imposed on vessels with a total deadweight of over 500 tons, or vessels with main engine power of over 400 horsepower or carrying capacity of over 150 persons.

3. A fine from VND 500,000 to VND 1,000,000 shall be imposed on the act of bringing vessels into ports or inland waterway terminals that have not been announced or have not been granted operating permits for loading/unloading goods or picking up/dropping off passengers.

Article 26. Violations concerning the transportation of people and passengers

1. A fine from VND 50,000 to VND 100,000 shall be imposed on individuals using non-motorized vessels with a carrying capacity of up to 12 persons for transporting people or passengers who commit any of the following violations:

a) Not providing seating for people or passengers; allowing people or passengers to stand on the vessel or engaging in other acts that endanger the safety of the vessel; allowing people or passengers to sit on the deck or sides of the vessel;

b) Stacking people, passengers, cargo, luggage, bicycles, motorcycles, motorbikes, or other items in such a way that the vessel tilts or obstructs the driver's view;

c) Not having safety rules or not disseminating safety rules, or not instructing passengers on how to use safety equipment;

d) Transporting small animals without confining them in cages or transporting large animals together with people or passengers;

đ) Transporting flammable, explosive, toxic, foul-smelling substances, or diseased or dead animals emitting foul odors together with people or passengers;

e) Not having mandatory civil liability insurance as prescribed.

2. A fine from VND 100,000 to VND 200,000 shall be imposed on individuals using motorized vessels with a carrying capacity of up to 12 persons for transporting people or passengers who commit any of the following violations:

a) Picking up or dropping off passengers at unauthorized locations;

b) Not providing seating for people or passengers; allowing people or passengers to stand on the vessel or engaging in other acts that endanger the safety of the vessel;

c) Not having safety rules or not disseminating safety rules, or not instructing passengers on how to use safety equipment;

d) Allowing people or passengers to stand or sit on the deck or sides of the vessel;

đ) Not having a passenger list or having an incorrect passenger list, except for river crossings;

e) Stacking cargo or luggage on passenger walkways;

g) Transporting small animals without confining them in cages or transporting large animals together with passengers;

h) Transporting flammable, explosive, toxic, foul-smelling substances, or diseased or dead animals emitting foul odors together with people or passengers;

i) Not having mandatory civil liability insurance as prescribed.

3. Administrative penalties shall be imposed on individuals using vessels to transport passengers who commit any of the violations stipulated in Clause 2 of this Article or run outside their designated routes, except for contractual passenger transport, canceling registered trips, or transferring passengers to another vessel without the consent of the passengers, as follows:

a) A fine from VND 200,000 to VND 300,000 shall be imposed on passenger-carrying vessels with a carrying capacity of over 12 persons to 50 persons, or high-speed vessels with a carrying capacity of up to 12 persons;

b) A fine from VND 300,000 to VND 500,000 shall be imposed on vessels with a carrying capacity of over 50 persons to 100 persons, or high-speed vessels with a carrying capacity of over 12 persons to 50 persons;

c) A fine from VND 500,000 to VND 1,000,000 shall be imposed on vessels with a carrying capacity of over 100 persons, or high-speed vessels with a carrying capacity of over 50 persons.

4. Administrative penalties shall be imposed on the act of exceeding the carrying capacity of passenger-carrying vessels crossing rivers, as follows:

a) A fine from VND 10,000 to VND 20,000 per person exceeding the permitted carrying capacity, if the excess is up to 20% of the permitted carrying capacity;

b) A fine from VND 20,000 to VND 30,000 per person exceeding the permitted carrying capacity, if the excess is over 20% to 50% of the permitted carrying capacity;

c) A fine from VND 30,000 to VND 50,000 per person exceeding the permitted carrying capacity, if the excess is up to 50% of the permitted carrying capacity.

5. A fine from three to five times the ticket price per person exceeding the permitted carrying capacity shall be imposed on fixed-route passenger-carrying vessels or tourist passenger-carrying vessels.

6. A fine of 1% of the contract value per person exceeding the permitted carrying capacity shall be imposed on contractual passenger-carrying vessels.

7. In cases where vessels are permitted to carry both people and cargo, if they exceed the carrying capacity for people, they shall be penalized according to the provisions of Clauses 4, 5, and 6 of this Article; if they exceed the safe draft mark for cargo, they shall be penalized according to the provisions of Article 29 of this Decree.

8. Additional forms of punishment:

Revoke the right to use the captain's license and driving certificate for vessels from one to two months for violations specified in Point c Clause 4 and violations specified in Clauses 5 and 6 of this Article if the number of people carried exceeds the permitted number by thirty percent or more.

9. Remedial measures:

a) Order the removal from the vessel of large animals, flammable and explosive materials, and harmful substances for violations specified in Points d and đ Clause 1, Points g and h Clause 2 of this Article; order the removal from the vessel of passengers exceeding the carrying capacity of the vessel as provided for violations specified in Clauses 4, 5, and 6 of this Article;

b) Order the removal from the vessel and destruction of dead or diseased animals for violations specified in Point đ Clause 1 and Point h Clause 2 of this Article.

Article 27. Violations concerning passengers

1. Warning or a fine of VND 20,000 to VND 50,000 for failing to comply with safety regulations on the vessel or not following the instructions of the captain or driver.

2. A fine of VND 100,000 to VND 200,000 shall be imposed for any of the following violations:

a) Carrying luggage that falls under goods prohibited by law from being transported together with passengers;

b) Causing disorder or danger on the vessel.

3. Additional forms of punishment:

Confiscate the goods for violations specified in Point a Clause 2 of this Article.

Article 28. Violations concerning the loading and unloading of cargo on vessels

1. Warning or a fine of VND 20,000 to VND 30,000 for any of the following violations, applicable to non-motorized vessels with a total weight of up to 15 tons and motorized vessels with a main engine power of up to 15 horsepower:

a) Loading or unloading cargo causing the vessel to tilt;

b) Loading cargo obstructing the view of the driver or hindering the operation of the steering system, anchoring equipment, and other safety devices;

c) Loading cargo exceeding the width or height dimensions of the vessel.

2. Administrative penalties for any of the violations stipulated in Clause 1 of this Article shall be applied to each type of vehicle as follows:

a) Warning or a fine of VND 30,000 to VND 100,000 for non-motorized vessels with a total weight over 15 tons to 100 tons and motorized vessels with a main engine power over 15 horsepower to 100 horsepower;

b) A fine of VND 100,000 to VND 300,000 for non-motorized vessels with a total weight over 100 tons and motorized vessels with a main engine power over 100 horsepower to 400 horsepower, and tugboat fleets with a total weight up to 400 tons;

c) A fine of VND 300,000 to VND 500,000 for motorized vessels with a main engine power over 400 horsepower, and tugboat fleets with a total weight over 400 tons to 1,000 tons;

d) A fine of VND 500,000 to VND 700,000 for tugboat fleets with a total weight over 1,000 tons;

3. Measures to remedy consequences:

Order the proper arrangement of cargo according to regulations for violations specified in Clause 1 of this Article.

Article 29. Violations concerning carrying cargo beyond the safe draft mark of the vessel

1. Warning or a fine of VND 20,000 to VND 50,000 for carrying cargo beyond the safe draft mark up to one-fifth of the vessel's freeboard height, including any vessel in a tugboat fleet.

2. Administrative penalties for carrying cargo beyond the safe draft mark of the vessel from one-fifth to one-half of the vessel's freeboard height, including any vessel in a tugboat fleet, shall be as follows:

a) A fine of VND 50,000 to VND 100,000 for vessels with a total weight up to 15 tons;

b) A fine of VND 100,000 to VND 200,000 for vessels with a total weight over 15 tons to 50 tons;

c) A fine of VND 200,000 to VND 300,000 for vessels with a total weight over 50 tons to 100 tons;

d) A fine of VND 300,000 to VND 500,000 for vessels with a total weight over 100 tons to 150 tons;

đ) A fine of VND 500,000 to VND 1,000,000 for vessels with a total weight over 150 tons to 300 tons;

e) A fine of VND 1,000,000 to VND 2,000,000 for vessels with a total weight over 300 tons to 500 tons or tugboat fleets with a total weight up to 400 tons;

g) A fine of VND 2,000,000 to VND 3,000,000 for vessels with a total weight over 500 tons to 1,000 tons or tugboat fleets with a total weight over 400 tons to 1,000 tons;

h) A fine of VND 2,000,000 to VND 4,000,000 for vessels with a total weight over 1,000 tons or tugboat fleets with a total weight over 1,000 tons to 1,500 tons;

i) A fine of VND 3,000,000 to VND 5,000,000 for tugboat fleets with a total weight over 1,500 tons;

3. Administrative penalties for carrying cargo beyond the safe draft mark over one-half of the vessel's freeboard height, including any vessel in a tugboat fleet, shall be as follows:

a) A fine of VND 200,000 to VND 300,000 for vessels with a total weight up to 15 tons;

b) A fine of VND 300,000 to VND 500,000 for vessels with a total weight over 15 tons to 50 tons;

c) A fine of VND 500,000 to VND 1,000,000 for vessels with a total weight over 50 tons to 100 tons;

d) A fine of VND 1,000,000 to VND 2,000,000 for vessels with a total weight over 100 tons to 150 tons;

đ) A fine of VND 2,000,000 to VND 3,000,000 for vessels with a total weight over 150 tons to 300 tons;

e) A fine of VND 2,000,000 to VND 4,000,000 for vessels with a total weight over 300 tons to 500 tons or tugboat fleets with a total weight up to 400 tons;

g) A fine of VND 4,000,000 to VND 5,000,000 for vessels with a total weight over 500 tons to 1,000 tons or tugboat fleets with a total weight over 400 tons to 1,000 tons;

h) A fine of VND 5,000,000 to VND 7,000,000 for vessels with a total weight over 1,000 tons or tugboat fleets with a total weight over 1,000 tons to 1,500 tons;

i) A fine of VND 7,000,000 to VND 10,000,000 for tugboat fleets with a total weight over 1,500 tons.

4. Additional forms of administrative punishment:

Revoke the captain's license for one to two months for violations specified in Clause 3 of this Article.

5. Measures to remedy consequences:

Order the reduction of cargo to the safe draft mark of the vessel for violations specified in Clauses 2 and 3 of this Article.

Article 30. Violation of regulations on the transportation of dangerous goods

1. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for the act of transporting dangerous goods with one of the following violations:

a) Not fully implementing the regulations on the transportation of dangerous goods;

b) Not complying with safety regulations against fire, explosion, and toxicity as stated in the permit;

c) Not having compulsory civil liability insurance for the transportation of goods that must have such insurance.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of transporting dangerous goods with one of the following violations:

a) Not having a permit from the competent authority;

b) Not equipping means and tools to prevent fire, explosion, and toxicity or not having an oil spill response plan when transporting fuel;

c) The vehicle transporting dangerous goods does not have a hazardous cargo emblem or warning sign;

d) Not properly carrying out the cleaning procedures for vehicles transporting dangerous goods;

đ) Cleaning the vehicle transporting dangerous goods at a place not specified.

3. Additional forms of punishment:

Revoking the right to use the license or professional certificate of the captain or driver of the vehicle for one to three months for violating the provisions of Clause 2 of this Article.

4. Measures to remedy consequences:

Compelling the removal of dangerous goods for violating the provisions of Point đ Clause 2 of this Article.

Article 31. Violation of regulations on the transportation of live animals and oversized, overweight goods

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of transporting prohibited live animals or live animals that do not meet hygiene, disease prevention, and environmental protection requirements.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of transporting oversized, overweight goods without a safety assurance plan approved by the competent state agency.

3. Additional forms of punishment:

Revoking the right to use the captain's license for one to three months for violating the provisions of Clause 1 and Clause 2 of this Article.

4. Measures to remedy consequences:

a) Compelling the implementation of measures to ensure hygiene and the environment for violating the provisions of Clause 1 of this Article;

b) Compelling the implementation of safety measures for violating the provisions of Clause 2 of this Article.

Article 32. Violation of regulations on pilots and channel guidance on inland waterways

1. Impose a fine of from VND 1,000,000 to VND 3,000,000 for one of the following violations:

a) Guiding vessels, ships that must follow mandatory pilotage without a pilot professional certificate or pilot capability certificate;

b) Pilots guiding vessels, ships outside their designated operational areas as prescribed;

c) Pilots guiding ships to anchorage positions not designated by the Inland Waterway Port Authority;

d) Pilots not reporting changes in the channel to the Inland Waterway Port Authority;

đ) Pilots leaving the vessel without permission from the captain;

e) Guiding vessels in areas not designated for mandatory pilotage.

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

a) Not using pilots as prescribed;

b) Not reporting or inaccurately reporting the characteristics of the ship to the pilot;

c) Not ensuring working conditions for the pilot while they are on board the ship;

d) Guiding vessels on channels or waters of inland waterways without a pilot operation permit for that area;

đ) Forcing crew members or drivers to hire or rent channel guidance services in areas not subject to mandatory pilotage.

3. Additional forms of punishment:

Confiscating the means of transport and objects used to commit the violation for violating the provisions of Point e Clause 1, Point d, and Point đ Clause 2 of this Article.

Chapter III

AUTHORITY, PROCEDURE, AND PROCEDURES FOR ADMINISTRATIVE PENALTY

Article 33. Competence to impose administrative sanctions of Chairpersons of People's Committees at all levels

Chairpersons of People's Committees at all levels shall impose administrative sanctions on acts violating the provisions of this Decree within their local jurisdiction according to specific competences as follows:

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

a) To issue warnings;

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

c) To confiscate items or means used for administrative violations valued up to two million dong;

d) Compel restoration to the original state that has been altered, compel implementation of measures to remedy environmental pollution and disease spread caused by the administrative violation; compel destruction of items harmful to human health, animals, and crops;

đ) Compel implementation of other remedial measures for consequences prescribed in Chapter II of this Decree.

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

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Revoke the right to use licenses, certificates, or professional qualifications under their competence;

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

đ) Compel restoration to the original state that has been altered due to the administrative violation or compel dismantling of construction works not in accordance with regulations; compel implementation of measures to remedy environmental pollution and disease spread caused by the administrative violation; compel destruction of items harmful to human health, animals, and crops;

e) Compel implementation of other remedial measures for consequences prescribed in Chapter II of this Decree.

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

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

c) Revoke the right to use licenses, certificates, or professional qualifications under their competence;

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

đ) Compel restoration to the original state that has been altered due to the administrative violation or compel dismantling of construction works not in accordance with regulations; compel implementation of measures to remedy environmental pollution and disease spread caused by the administrative violation; compel destruction of items harmful to human health, animals, and crops;

e) Compel implementation of other remedial measures for consequences prescribed in Chapter II of this Decree.

Article 34. Competence to impose administrative sanctions of the People's Public Security Forces

The People's Public Security Forces have the right to impose administrative sanctions on acts violating the provisions of this Decree, except for violations stipulated in Article 16 occurring at new construction, conversion, repair, and recovery facilities, violations stipulated in Article 19, and violations within the tasks and powers of Inland Waterway Port Services Units at ports and wharfs managed by such units, with specific competences as follows:

1. Public security officers performing official duties have the right:

a) To issue warnings;

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

2. Team Leaders, Station Chiefs, Inland Waterway Police Unit Commanders have the right:

a) To issue warnings;

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

3. The Head of the Public Security Police Station has the authority:

a) To issue warnings;

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

c) To confiscate items or means used for administrative violations valued up to two million dong;

d) Compel restoration to the original state that has been altered, compel implementation of measures to remedy environmental pollution and disease spread caused by the administrative violation; compel destruction of items harmful to human health, animals, and crops;

đ) Compel implementation of other remedial measures for consequences prescribed in Chapter II of this Decree.

4. The Head of the County Public Security Office has the authority:

a) To issue warnings;

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

c) Revoke the right to use licenses, certificates, or professional qualifications under their competence;

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

đ) Compel restoration to the original state that has been altered due to the administrative violation or compel dismantling of construction works not in accordance with regulations; compel implementation of measures to remedy environmental pollution and disease spread caused by the administrative violation; compel destruction of items harmful to human health, animals, and crops;

e) Compel implementation of other remedial measures for consequences prescribed in Chapter II of this Decree.

5. Heads of Inland Waterway Police Departments, Heads of Traffic Police Departments, Heads of Administrative Management Police Departments for Social Order, Heads of Public Order Police Departments under Provincial Public Security Organs, Inland Waterway Police Flotilla Commanders have the right:

a) To issue warnings;

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

c) Revoke the right to use licenses, certificates, or professional qualifications under their competence;

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

đ) Compel restoration to the original state that has been altered due to the administrative violation or compel dismantling of construction works not in accordance with regulations; compel implementation of measures to remedy environmental pollution and disease spread caused by the administrative violation; compel destruction of items harmful to human health, animals, and crops;

e) Compel implementation of other remedial measures for consequences prescribed in Chapter II of this Decree.

6. The provincial public security director have the right to:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Revoke the right to use licenses, certificates, or professional qualifications under their competence;

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

đ) Compel restoration to the original state that has been altered due to the administrative violation or compel dismantling of construction works not in accordance with regulations; compel implementation of measures to remedy environmental pollution and disease spread caused by the administrative violation; compel destruction of items harmful to human health, animals, and crops;

e) Compel implementation of other remedial measures for consequences prescribed in Chapter II of this Decree.

7. Directors of Inland Waterway Police Corps, Directors of Administrative Management Police Corps for Social Order have the right:

a) To issue warnings;

b) Impose fines up to 40,000,000 VND;

c) Revoke the right to use licenses, certificates, or professional qualifications under their competence;

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

đ) Compel restoration to the original state that has been altered due to the administrative violation or compel dismantling of construction works not in accordance with regulations; compel implementation of measures to remedy environmental pollution and disease spread caused by the administrative violation; compel destruction of items harmful to human health, animals, and crops;

e) Compel implementation of other remedial measures for consequences prescribed in Chapter II of this Decree.

Article 35. Competence to impose administrative sanctions of Inland Waterway Transport Inspection

Inland Waterway Transport Inspectors have the right to impose administrative sanctions on acts violating regulations on management and protection of inland waterway transport infrastructure; technical standards for operation of inland waterway transport infrastructure; training institutions for crew members and drivers; new construction, conversion, repair, and recovery of vessels at new construction, conversion, repair, and recovery facilities; vessels, crew members, and drivers at inland waterway ports, wharfs, or mooring areas as prescribed in this Decree, with specific competences as follows:

1. Inland Waterway Transport Inspectors performing official duties have the right:

a) To issue warnings;

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

c) To confiscate items or means used for administrative violations valued up to two million dong;

d) Compel restoration to the original state that has been altered due to the administrative violation; compel implementation of measures to remedy environmental pollution and disease spread caused by the administrative violation; compel destruction of items harmful to human health, animals, and crops;

đ) Compel implementation of other remedial measures for consequences prescribed in Chapter II of this Decree, except for the measure of compelling dismantling of construction works not in accordance with regulations.

2. Heads of Transport Inspection Departments under Departments of Transport have the right:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) Revoke the right to use licenses, certificates, or professional qualifications under their competence;

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

đ) Compel restoration to the original state that has been altered due to the administrative violation or compel dismantling of construction works not in accordance with regulations; compel implementation of measures to remedy environmental pollution and disease spread caused by the administrative violation; compel destruction of items harmful to human health, animals, and crops;

e) Compel implementation of other remedial measures for consequences prescribed in Chapter II of this Decree.

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 fines up to 40,000,000 VND;

c) Revoke the right to use licenses, certificates, or professional qualifications under their competence;

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

đ) Compel restoration to the original state that has been altered due to the administrative violation or compel dismantling of construction works not in accordance with regulations; compel implementation of measures to remedy environmental pollution and disease spread caused by the administrative violation; compel destruction of items harmful to human health;

e) Compel implementation of other remedial measures for consequences prescribed in Chapter II of this Decree.

Article 36. Competence to Impose Administrative Penalties of the Director of the Inland Waterway Port Authority

The Director of the Inland Waterway Port Authority has the authority to impose administrative penalties for violations stipulated in this Decree within the scope of their management responsibility, with specific competences as follows:

1. Issue a warning;

2. Fine up to VND 10,000,000;

3. Suspend the right to use licenses, certificates, or professional qualifications under their authority;

4. Confiscate objects and means used to commit administrative offenses;

5. Order restoration to the original state altered by the administrative offense; order dismantling of construction works not in compliance with regulations; order implementation of measures to mitigate environmental pollution and disease spread caused by the administrative offense; order destruction of items harmful to human health, animals, and crops;

6. Order implementation of other remedial measures prescribed in Chapter II of this Decree.

Article 37. Competence to Impose Administrative Penalties of the Border Guard

The Border Guard has the authority to impose administrative penalties for violations concerning the protection of traffic infrastructure; vessels, crew members, drivers, and inland waterway transport in border areas within their responsibility, excluding the jurisdiction of the Inland Waterway Port Authority as stipulated in this Decree, with specific competences as follows:

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

a) To issue warnings;

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

2. The Head of the Border Guard Station, the Commander of the Border Guard Post have the authority:

a) To issue warnings;

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

3. The Head of the Border Guard Detachment, the Commander of the Border Guard Squadron have the authority:

a) To issue warnings;

b) Fine up to VND 10,000,000

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

d) Order restoration to the original state altered by the administrative offense; order implementation of measures to mitigate environmental pollution and disease spread caused by the administrative offense; order removal from the vessel of passengers exceeding the carrying capacity; order implementation of measures to ensure traffic safety, fire prevention, and firefighting; order destruction of items harmful to human health, animals, and crops.

4. The Commander of the Border Guard Force at provincial level and the Commander of the Coastal Guard Squadron under the Border Guard Command have the right:

a) To issue warnings;

b) Fine up to VND 40,000,000.

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

d) Order restoration to the original state altered by the administrative offense; order implementation of measures to mitigate environmental pollution and disease spread caused by the administrative offense; order removal from the vessel of passengers exceeding the carrying capacity; order implementation of measures to ensure traffic safety, fire prevention, and firefighting; order destruction of items harmful to human health, animals, and crops.

Article 38. Competence to impose administrative penalties of Coast Guard Officers

The Coast Guard has the authority to impose administrative penalties for violations concerning the protection of traffic infrastructure; vessels, crew members, and maritime transport in areas within their responsibility, excluding the jurisdiction of the Inland Waterway Port Authority as stipulated in this Decree, with specific competences as follows:

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

a) To issue warnings;

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

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

a) To issue warnings;

b) To impose fines up to VND 1,000,000.

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

a) To issue warnings;

b) Impose a fine up to 5,000,000 VND.

4. The maritime squadron commander have the right to:

a) To issue warnings;

b) A fine up to VND 10,000,000.

c) Order restoration to the original state altered by the administrative offense; order implementation of measures to mitigate environmental pollution and disease spread caused by the administrative offense; order implementation of measures to ensure traffic safety, fire prevention, and firefighting; order destruction of items harmful to human health, animals, and crops.

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

a) To issue warnings;

b) A fine up to VND 20,000,000.

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

d) Order restoration to the original state altered by the administrative offense; order implementation of measures to mitigate environmental pollution and disease spread caused by the administrative offense; order implementation of measures to ensure traffic safety, fire prevention, and firefighting; order destruction of items harmful to human health, animals, and crops.

6. Commanders of Coast Guard Zones have the right:

a) To issue warnings;

b) Fine up to VND 30,000,000.

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

d) Order restoration to the original state altered by the administrative offense; order implementation of measures to mitigate environmental pollution and disease spread caused by the administrative offense; order implementation of measures to ensure traffic safety, fire prevention, and firefighting; order destruction of items harmful to human health, animals, and crops.

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

a) To issue warnings;

b) Fine up to VND 40,000,000.

c) Revoke the right to use licenses, certificates, or professional qualifications under their competence;

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

d) Order restoration to the original state altered by the administrative offense; order implementation of measures to mitigate environmental pollution and disease spread caused by the administrative offense; order implementation of measures to ensure traffic safety, fire prevention, and firefighting; order destruction of items harmful to human health, animals, and crops.

Article 39. Procedure for Administrative Offense Sanctions

1. The procedure for administrative offense sanctions in the field of inland waterway traffic must comply with the provisions of the Ordinance on Handling Administrative Violations, Decree No. 128/2008/NĐ-CP dated December 16, 2008 of the Government detailing the implementation of certain articles of the Ordinance on Handling Administrative Violations in 2002, the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations in 2008, and the provisions of this Decree.

2. The authorized person or officers, soldiers, and staff members of the authorized person who are performing their duties and discover violations related to inland waterway traffic must immediately issue an order to stop such actions and promptly prepare an administrative violation record, except in cases where sanctions are imposed through simplified procedures. In cases where administrative violations are discovered through the use of technical equipment, the administrative violation record shall be prepared immediately upon identifying the violator.

3. When applying the compulsory measures to remedy consequences as stipulated in Chapter II of this Decree, the authorized person must clearly state such remedial measures in the administrative sanction decision.

4. The records, decisions, and other measures used to impose administrative sanctions and prevent administrative violations in the field of inland waterway traffic must follow the models attached to this Decree.

Article 40. Application of Temporary Seizure of Evidence and Means of Transportation Involved in Administrative Violations

1. In cases where it is necessary to promptly prevent administrative violations or to ensure the enforcement of administrative sanctions, the authorized person imposing sanctions under this Decree may temporarily seize evidence and means of transportation involved in administrative violations according to the provisions of Article 46 and other necessary documents as stipulated in Clause 3 of Article 57 of the Ordinance on Handling Administrative Violations in 2002, which has been amended and supplemented in 2008.

2. The Minister of Public Security and the Minister of Transport shall specify the detailed application of temporary seizure of evidence and means of transportation.

Article 41. Enforcement of Administrative Sanction Decisions

1. Organizations and individuals subject to administrative sanctions in the field of inland waterway traffic must enforce the administrative sanction decision within ten days from the date they receive the decision, except in cases where they are permitted to pay the fine in installments or have their payment of the fine deferred or where the law provides otherwise.

2. Organizations and individuals violating administrative regulations in the field of inland waterway traffic who are subject to fines must directly pay the fine to the person issuing the decision in accordance with the law or pay the fine at the designated location specified in the decision; organizations and individuals subject to fines may be allowed to pay the fine in installments as provided.

3. If organizations and individuals subject to administrative sanctions fail to voluntarily enforce the administrative sanction decision beyond the time limit set out in Clause 1 of this Article, they will be subject to compulsory enforcement.

4. The organization enforcing the administrative sanction decision shall implement it according to the provisions of Articles 66 and 66a of the Ordinance on Handling Administrative Violations in 2002, which has been amended and supplemented in 2008.

Article 42. Complaints, reports, lawsuits regarding administrative penalties and commendations, handling of administrative violations

1. Organizations and individuals subject to administrative penalties, or their legitimate representatives, have the right to file complaints or initiate lawsuits against decisions on administrative penalties or decisions applying preventive measures as prescribed by laws on complaints, reports, and procedures for resolving administrative cases.

2. Organizations and individuals who achieve outstanding results in combating administrative violations in inland waterway transport shall be commended according to the provisions of laws on competition and rewards.

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

4. Individuals subject to administrative penalties in the field of inland waterway transport who obstruct, resist public officials performing their duties, or use deceitful or bribery methods to evade inspection, supervision, or administrative penalties imposed by public officials shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation; if damage is caused, they must compensate according to the law.

Chapter IV

IMPLEMENTING PROVISIONS

Article 43. Effective Date

1. This Decree takes effect from September 15, 2011.

2. This Decree replaces Decree No. 09/2005/NĐ-CP dated January 27, 2005 of the Government stipulating administrative penalties in the field of inland waterway transport; it abolishes Article 1 of Decree No. 156/2007/NĐ-CP dated October 19, 2007 of the Government amending and supplementing certain articles of Decree No. 09/2005/NĐ-CP dated January 27, 2005 of the Government stipulating administrative penalties in the field of inland waterway transport, and Decree No. 44/2006/NĐ-CP dated April 25, 2006 of the Government stipulating administrative penalties in the field of railway transport.

3. Violations discovered before the effective date of this Decree but not yet penalized or where the penalty decision has not been executed shall still be handled according to the provisions of Decree No. 09/2005/NĐ-CP dated January 27, 2005.

Article 44. Implementation Organization

The Minister of Transport and the Minister of Public Security shall guide and implement this Decree.

Article 45. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decree./.