Decree No. 62/2006/ND-CP On Administrative Sanctions for Violations in the Maritime Sector

DECREE

On administrative penalties for violations in the maritime sector

_________________

 

THE GOVERNMENT

 

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

Based on the Vietnam Maritime Code dated June 14, 2005;

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;

Considering the proposal of the Minister of Transport.

 

DECREE

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates acts of violation, forms and levels of penalty, authority and procedures for handling administrative violations in the maritime sector.

Article 2. Applicability

1. Every organization or individual committing an administrative violation in the maritime sector shall be subject to penalties under this Decree and other relevant laws on handling administrative violations.

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

2. The handling of administrative penalties against minors who commit administrative violations in the maritime sector shall be carried out in accordance with Article 7, Clause 1 and Clause 3 of the Administrative Violation Handling Ordinance dated July 2, 2002 (hereinafter referred to as the Ordinance).

Article 3. Acts of administrative violation in the maritime sector

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

Administrative violations specified in this Decree include:

a) Violations in port construction and operation activities;

b) Violations in maritime operations of vessels at ports;

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

d) Violations in maritime search and rescue activities at ports;

đ) Violations in activities of salvaging sunken assets at ports;

e) Violations in ensuring maritime safety at ports.

2. In cases where the violations specified in Points b, d, đ, and e of Clause 1 of this Article occur outside ports, they shall be penalized in accordance with Decree No. 137/2004/NĐ-CP dated June 16, 2004 of the Government on administrative penalties in the exclusive economic zone and continental shelf of the Socialist Republic of Vietnam and other relevant laws.

Article 4. Principles of administrative penalty

1. The principles of administrative penalty in the maritime sector are applied in accordance with Article 3 of the Ordinance.

2. The handling of administrative penalties in the maritime sector shall be carried out by persons with authority as prescribed in Articles 26, 27, 28, and 29 of this Decree.

3. No administrative penalty shall be imposed on acts of violation occurring in cases of force majeure or emergency situations to ensure human life safety, ensure safety and security for vessels, cargo, and transport infrastructure, or administrative violations when suffering from mental illness or other diseases causing loss of capacity to understand or control one's behavior.

Article 5. Mitigating and aggravating circumstances

1. Mitigating circumstances in the maritime sector are those circumstances prescribed in Article 8 of the Ordinance.

2. Aggravating circumstances in the maritime sector are those circumstances prescribed in Article 9 of the Ordinance.

Article 6. Time Limit for Administrative Sanctions and Period Considered as Not Having Been Administered Administrative Sanctions

1. The time limit for administrative sanctions in the maritime sector is one year, counted from the date the administrative violation was committed.

For administrative violations concerning the construction of seaports and maritime works; the environment; exit and entry of vessels, crew members, and passengers, the time limit for administrative sanctions is two years, counted from the date the administrative violation was committed.

If beyond the aforementioned period, administrative sanctions will not be imposed but the measures stipulated in Clause 4, Article 7 of this Decree shall still apply.

2. For individuals who have been indicted, prosecuted, or had a case decided to be brought to trial under criminal proceedings, but subsequently have a decision to terminate investigation or terminate the case where the act of violation has signs of administrative violation in the maritime sector, they shall be subject to administrative sanctions; within three days from the date of issuing the decision to terminate investigation or terminate the case, the person issuing the decision must send the decision to the competent authority to impose sanctions; in this case, the time limit for administrative sanctions is three months, counted from the date the competent authority to impose sanctions receives the decision to terminate and the case file.

3. Within the time limits prescribed in Clause 1 and Clause 2 of this Article, if organizations or individuals commit new violations in the maritime sector or intentionally evade or obstruct the imposition of sanctions, the time limits prescribed in Clause 1 and Clause 2 of this Article shall not be applied; the time limit for administrative sanctions in the maritime sector shall be recalculated from the date of committing the new administrative violation or the date when the act of evading or obstructing the imposition of sanctions ends.

4. Organizations or individuals who have been subject to administrative sanctions in the maritime sector, if within one year from the date of completing the execution of the sanction decision or from the date the enforcement time limit of the sanction decision expires without reoffending, shall be considered as not having been subject to administrative sanctions in the maritime sector.

Article 7. Forms of Administrative Sanctions

1. For each administrative violation in the maritime sector, organizations or individuals committing such violations must bear one of the following main forms of administrative sanctions:

a) Warning;

b) Fine.

2. When imposing fines, the specific amount of fine for a single administrative violation is the average level within the fine range specified for that violation. In cases with mitigating circumstances, the fine amount may be reduced, but it cannot be reduced below the minimum level of the fine range. In cases with aggravating circumstances, the fine amount may be increased, but it cannot exceed the maximum level of the fine range.

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

a) Revocation of the right to use licenses with a validity period up to six months; certificates of professional qualifications, certificates of professional competence up to six months or without a validity period;

b) Confiscation of evidence, confiscation of means used to commit the administrative violation.

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

a) Compel restoration to the original state altered due to the administrative violation or compel dismantling of unauthorized constructions;

b) Compel implementation of measures to remedy environmental pollution caused by the administrative violation;

c) Compel destruction of items harmful to human health and the environment;

d) Other remedial measures prescribed in this Decree.

Chapter II

FORMS AND LEVELS OF ADMINISTRATIVE SANCTIONS FOR VIOLATIONS

IN THE MARITIME SECTOR

Section 1

VIOLATIONS OF REGULATIONS ON CONSTRUCTION

AND EXPLOITATION OF SEAPORTS

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

1. A warning or a fine from VND 100,000 to VND 500,000 shall be imposed for each act of entering or exiting the port area or boarding a vessel without permission or failing to follow the instructions of authorized personnel.

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

a) Using workers without a certificate of professional competence or appropriate permits.

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

c) The ship fendering system and mooring equipment at the wharf are insufficient or do not ensure safety for vessels at anchor.

d) Placing objects on the wharf or occupying space above the wharf that obstructs safe berthing and departure of vessels or other activities at the port.

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

e) Not having a port security plan or appropriate certification for port security as prescribed.

g) Not having a designated port security officer as prescribed.

h) Preparing the wharf for vessel entry and exit without ensuring the time and distance as prescribed.

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

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

b) Unloading cargo without completing the required procedures upon entering the port as prescribed.

4. A fine from VND 20,000,000 to VND 40,000,000 shall be imposed for each of the following violations:

a) Operating the port contrary to its announced functions.

b) Allowing vessels to berth at the wharf before it has been put into operation as prescribed.

5. Measures to remedy consequences shall be applied:

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

b) Prohibiting vessels from continuing to anchor at the port for violations under Clause 4 of this Article.

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

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

a) Marking and coding goods not in accordance with regulations.

b) Loading, unloading, and storing goods not in accordance with regulations.

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

2. A fine from VND 2,000,000 to VND 5,000,000 shall be imposed for each violation under Clause 1 of this Article involving dangerous goods.

3. Measures to remedy consequences shall be applied:

Compelling the provision of marking, coding, and loading, unloading, and storing goods in accordance with regulations for violations under Clauses 1 and 2 of this Article.

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

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

a) Not having necessary rules, signs, or warning notices at places prone to fire and explosion.

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

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

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

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

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

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

b) Failing to promptly report incidents or accidents involving fire and explosion to relevant state management agencies.

c) Using workers who are not fully equipped with protective gear or do not have certificates of professional competence for fire prevention and explosion control as prescribed.

4. Other administrative violations concerning fire prevention and explosion control shall be applied according to laws on fire prevention and explosion control.

5. Measures to remedy consequences shall be applied:

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

Article 11. Violations of maritime safety guarantee regulations when constructing new or renovating, upgrading seaports, or when constructing, installing other works or equipment affecting maritime safety in seaport waters

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

a) Life-saving equipment system not in accordance with regulations;

b) Not notifying the Maritime Port Office about construction of other works in seaport waters;

c) No warning signs or misleading warning signs in the construction area;

d) Construction vessels or service vessels moored outside the permitted limit obstructing maritime traffic on the seaport channel;

đ) Dumping or dropping construction equipment or materials without toxic substances into seaport waters.

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

a) Conducting construction work without permission from the competent authority;

b) Conducting construction work at a location different from that permitted.

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

a) Conducting construction work without permission from the competent authority and causing an accident;

b) Conducting construction work at a location different from that permitted and causing an accident.

4. Apply remedial measures:

a) Suspension of construction work for violations stipulated in point b Clause 2 and point b Clause 3 of this Article.

b) Compelling the implementation of measures to remedy consequences for violations stipulated in this Article.

Article 12. Violations of environmental protection regulations due to seaport exploitation activities

1. A fine of from VND 200,000 to VND 1,000,000 for the act of allowing dirty water to flow out, causing uncleanliness on wharves or seaport waters.

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

a) Dumping garbage and other waste on wharves or seaport waters;

b) Discharging water containing sediment on wharves or seaport waters.

3. A fine of from VND 30,000,000 to VND 50,000,000 for the act of discharging water or waste mixed with oil on wharves or seaport waters.

4. A fine of from VND 50,000,000 to VND 100,000,000 for the act of discharging water or waste mixed with oil or other harmful chemicals on wharves or seaport waters.

5. Measures to remedy consequences shall be applied:

Compel the implementation of measures to remediate environmental pollution caused by violations stipulated in Clauses 2, 3, and 4 of this Article.

Section 2

VIOLATIONS OF REGULATIONS ON MARITIME ACTIVITIES

OF VESSELS AT SEAPORTS

Article 13. Violations of procedures for requesting arrival at seaports or transiting

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

a) Vessels arriving at the port or transiting failing to comply with the regulation on reporting vessel arrival at pilot boarding and disembarkation positions;

b) Vessels arriving at the port or transiting incorrectly reporting vessel arrival at pilot boarding and disembarkation positions.

2. A fine of from VND 10,000,000 to VND 20,000,000 for the act of vessels arriving at the port or transiting without obtaining permission as required.

3. Measures to remedy consequences shall be applied:

Compel completion of procedures as prescribed for violations stipulated in Clause 1 and Clause 2 of this Article.

Article 14. Violation of regulations on procedures for entering, leaving, or transiting ports

1. A fine of from VND 100,000 to VND 500,000 shall be imposed for the act of failing to record or recording incorrectly one of the technical parameters of the vessel in the General Declaration.

2. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for the act of lacking necessary documents or presenting one of the required documents that is not valid as prescribed when handling entry or exit procedures at the port.

3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of failing to provide or providing incorrectly according to regulations the documents regarding dangerous goods transported on the vessel.

4. A fine of from VND 10,000,000 to VND 30,000,000 shall be imposed for the act of allowing crew members or passengers to board or disembark the vessel before completing the entry-exit procedures.

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

a) Not having a permit to leave the final port;

b) Intentionally leaving the port without permission;

c) Entering the port with a name different from that specified in the final port departure permit without a legitimate reason;

d) Not having a certificate of civil liability insurance for the shipowner for oil-carrying vessels, petroleum products, or other dangerous goods as required by regulation.

6. Measures to rectify consequences shall be applied:

The violator must supplement the required documents and complete the procedures as prescribed for violations under Clauses 1, 2, 3, 4, and 5 of this Article.

Article 15. Violation of regulations on safety, security, order, and hygiene for vessels

1. A fine of from VND 100,000 to VND 500,000 shall be imposed for each of the following violations:

a) Operating the horn or using loudspeakers not in accordance with regulations or not in emergency situations;

b) Flying ceremonial flags or mourning flags without permission from the Port Authority.

2. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for the act of not flying the National Flag of Vietnam as prescribed.

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

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

b) Scraping rust or painting the vessel without permission from the Port Authority;

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

d) Conducting repairs, testing engines, or testing horns without permission from the Port Authority;

đ) Swimming or causing public disorder in the port;

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

g) Conducting rodent fumigation or disinfection in unauthorized areas;

h) Not having rat guards or having them but not meeting standards;

i) Using boats or life rafts of the vessel without permission from the Port Authority;

k) Not adhering to the duty roster as prescribed;

l) Not having a ship security officer or appointing a ship security officer not in accordance with regulations;

m) Arranging personnel not matching the registered crew list;

n) Not having navigational equipment on the bridge as prescribed;

o) Not having sufficient certificates for maritime safety, maritime security, pollution prevention, or ship documentation as prescribed;

p) Operating the vessel beyond the permitted speed in port waters.

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

a) Moving the vessel into or out of the port or docking or undocking at the wharf without the master being present in the bridge;

b) Setting up fishing gear or aquaculture facilities in the port channel;

c) Setting up fishing gear or aquaculture facilities in port waters without permission from the Port Authority or setting them up in incorrect positions or times as recorded in the permit;

d) Conducting diving activities or underwater work in port waters without permission from the Port Authority or conducting such work without appropriate warning signals as prescribed;

đ) Organizing sports competitions or gathering multiple vessels in port waters without permission from the Port Authority;

e) Operating sports or tourist vessels in port waters without permission from the Port Authority;

g) Using specialized equipment for surveying, dredging, placing navigation aids, and conducting other activities in port waters without permission from the Port Authority;

h) Not using or using improperly the prescribed signals;

i) Operating the vessel outside the permitted operational area as prescribed;

k) Failing to report to the Port Authority about marine accidents caused by the vessel.

5. Additional penalties shall be applied:

Confiscate the tools used to commit administrative violations as prescribed in point b and point c Clause 3 of this Article.

6. Measures to rectify consequences shall be applied:

a) Order restoration to the original condition altered due to violations as prescribed in point b and point c Clause 3 of this Article;

b) Order the violator to supplement the required documents, equipment, and comply with the law for violations under Clauses 1, 2, and 3 of this Article.

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

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

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

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

b) Not having necessary warning signs or instructions at locations prone to fire or explosion.

c) Not having firefighting system diagrams, firefighting duty rosters, or operation instruction boards at designated positions on the vessel as prescribed.

d) Firefighting equipment not being placed in the prescribed locations on the vessel.

đ) Not properly implementing procedures for maintaining and servicing firefighting equipment.

e) Crew members on board not proficiently using firefighting equipment.

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

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

b) Firefighting and explosion prevention equipment not operational.

c) Not having emergency response plans.

d) Conducting work that produces sparks on deck, cargo holds, or engine rooms without prior inspection and approval by the Maritime Port Authority.

đ) Using specialized firefighting equipment for other purposes.

4. A fine of from VND 10,000,000 to VND 30,000,000 shall be imposed for failing to promptly comply with or refusing to comply with orders from the Maritime Port Authority regarding participation in firefighting operations for vessels in distress at wharves or port waters.

5. Measures to remedy consequences shall be applied:

Obligation to supplement, install signs, plans, diagrams, and equipment as prescribed for violations stipulated in points b, c of Clause 2, and points a, b, and c of Clause 3 of this Article.

Article 17. Violations concerning environmental pollution prevention caused by vessels

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

a) Not recording bilge water pumping logs or oil logs, garbage discharge logs as prescribed.

b) Dumping garbage or other objects from the vessel into the water or onto wharves.

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

a) Not having prescribed oil logs or garbage discharge logs.

b) Not having prescribed oil spill contingency plans.

c) Not having personnel stationed at fuel reception points on the vessel.

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

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

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

c) Not having sufficient oil-water separators as prescribed or having them but they are not operational.

d) Allowing oil-contaminated wastewater to leak from the vessel into port waters or onto wharves.

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

5. A fine of from VND 60,000,000 to VND 100,000,000 shall be imposed for violating regulations on pumping or discharging water or waste containing harmful chemicals from the vessel into port waters or onto wharves.

6. Measures to rectify consequences shall be applied:

a) Compulsory supplementation of required documentation and equipment for violations stipulated in Clause 1 and Clause 2 of this Article.

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

Article 18. Violations concerning safety of life on vessels

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

a) Not having life-saving and sinking prevention duty charts at necessary locations or such charts being damaged.

b) Not having operation instruction boards for life-saving and sinking prevention equipment or such boards being damaged.

c) Not having life-saving and sinking prevention duty rosters at designated locations on the vessel.

d) Assigning crew members who are not proficient in using life-saving and sinking prevention equipment.

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

a) Assigning crew members without the required professional certification.

b) Not assigning the minimum safe crew complement or exceeding the prescribed crew complement.

c) Stairways lacking guardrails or lighting as prescribed.

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

a) Not having sufficient life-saving and sinking prevention equipment or such equipment not meeting quality standards or not ready for use as prescribed.

b) Carrying more passengers than allowed.

c) Carrying cargo beyond the permitted weight limit or not applying prescribed safety measures.

4. Apply remedial measures:

Compulsory supplementation of equipment, documentation, and assignment of personnel and means as prescribed for violations stipulated in Clauses 1, 2, and 3 of this Article.

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

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

a) Anchoring, berthing, mooring, moving position, or conducting similar activities within the port channel, the area before the wharf, and other restricted areas without permission from the Port Maritime Authority;

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

c) Not using tugboats as prescribed;

d) Not having fenders as prescribed;

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

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

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

b) Securing vessels to navigational aids;

c) Loading/unloading cargo or picking up/dropping off passengers at positions not authorized by competent authorities for use.

3. Measures to remedy consequences shall be applied:

a) Compelling the supplementation of equipment, documents, and appropriate personnel and means as prescribed for violations stipulated in Clause 1 of this Article;

b) Compelling vessels to move away from their current position for violations stipulated in points b and c of Clause 2 of this Article.

Article 20. Violations concerning registration of ships and seafarers

1. A fine of from VND 500,000 to VND 1,000,000 for failing to register a ship within the prescribed time limit.

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

a) Operating a ship without a ship registration certificate;

b) Not registering changes in ship ownership as prescribed when the ship has been bought, sold, or transferred ownership;

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

a) Altering, erasing, or forging certificates of professional competence, ship registration certificates, or seafarer passports;

b) Buying, selling, renting, leasing, borrowing, or lending certificates of professional competence, ship registration certificates, or seafarer passports;

c) Fraudulently registering ships or seafarers or issuing certificates of professional competence.

4. Additional forms of administrative punishment:

a) Seizing items used to commit administrative violations stipulated in point a of Clause 3 of this Article;

b) Suspending the right to use certificates of professional competence for a period of three to six months or indefinitely for violations stipulated in points b and c of Clause 3 of this Article.

5. Measures to remedy consequences shall be applied:

Compelling the supplementation of documents as prescribed for violations stipulated in Articles 1, 2, and 3 of this Article.

Article 21. Violations concerning marine pilots

1. Warning or a fine of from VND 100,000 to VND 500,000 for failing to fly flag G when requesting a marine pilot or failing to fly flag H while a marine pilot is on board.

2. A fine of from over VND 500,000 to VND 2,000,000 for failing to promptly report accidents, incidents, changes in channels, and navigational aids to the Port Maritime Authority when a marine pilot discovers them.

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

a) Failing to inform or providing inaccurate information to the marine pilot about the characteristics of the vessel;

b) Failing to ensure working and living conditions for the marine pilot throughout their stay on board;

c) Failing to implement safety measures or failing to provide suitable ladders for the safe boarding and disembarkation of the marine pilot as prescribed;

d) The marine pilot guiding the vessel to anchor or berth without a dispatch order or in a position not designated by the Port Maritime Authority;

đ) Assigning a marine pilot who does not match the marine pilot's professional competence certificate or the marine pilot's operational area certificate issued.

4. A fine of from VND 10,000,000 to VND 30,000,000 for operating a vessel entering or leaving the port without using a marine pilot as prescribed.

5. Measures to remedy consequences shall be applied:

Compelling the supplementation of marine pilots, signs, equipment, information, and working and living conditions as prescribed for violations stipulated in Clauses 1, 3, and 4 of this Article.

Section 3

VIOLATIONS OF REGULATIONS ON OPERATIONS

MARITIME TRANSPORT AND SHIPPING SERVICES

Article 22. Violations concerning the use of licenses and conditions for marine transportation business, maritime services, and multimodal transport

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

a) Engaging in multimodal transport without a license or with an incorrect license;

b) Engaging in marine transportation or maritime services without meeting the required conditions as stipulated.

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

a) Repairing, erasing, or forging licenses or certificates of professional qualifications;

b) Buying, selling, leasing, renting, borrowing, or lending certificates of professional qualifications.

3. Additional forms of punishment:

a) Seizing items used to commit administrative violations as specified in point a, Clause 2 of this Article;

b) Revoking the right to use certificates of professional qualifications for a period of three to six months for violations as specified in point b, Clause 2 of this Article.

4. Apply remedial measures:

Compelling the supplementation of licenses and business conditions as required by law for violations as specified in Clause 1 of this Article.

Section 4

VIOLATIONS OF PROVISIONS ON SEARCH AND RESCUE OPERATIONS AT SEAPORTS

RESCUE AT SEAPORT HARBOUR

Article 23. Violations concerning search and rescue operations

1. Imposing a fine of from VND 1,000,000 to VND 5,000,000 for sending false distress signals.

2. Imposing a fine of over VND 5,000,000 to VND 20,000,000 for each of the following violations:

a) Failing to fulfill obligations as prescribed regarding maritime search and rescue;

b) Delaying execution of orders issued by competent authorities without justifiable reasons.

3. Imposing a fine of over VND 30,000,000 to VND 50,000,000 for failing to comply with orders issued by competent authorities without justifiable reasons.

4. Additional forms of administrative punishment:

Compelling compliance with legal provisions for violations as specified in Clauses 1, 2, and 3 of this Article.

Section 5

VIOLATIONS OF REGULATIONS ON OPERATIONS

REMOVAL OF SUBMERGED PROPERTY AT SEAPORTS

Article 24. Violations concerning the removal of submerged property at seaports

1. Imposing a fine of from VND 200,000 to VND 1,000,000 for failing to report or reporting inaccurately on submerged property at seaports as required.

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

a) Failing to install or installing too late appropriate warning signals according to the location of the sunken property;

b) Conducting salvage operations or concluding salvage operations outside the prescribed time limits;

c) Conducting salvage operations on sunken property without permission from competent authorities;

d) Failing to hand over or handing over insufficiently random salvaged property as required;

đ) Failing to pay related costs for salvage operations as required.

3. Additional forms of punishment:

Seizing items and means used to commit administrative violations as specified in point c, Clause 2 of this Article.

4. Apply remedial measures:

a) Compelling installation of warning signals for the location of sunken property as specified in point a, Clause 2 of this Article;

b) Compelling compliance with regulations for salvage, handover, and handling of sunken property for violations as specified in Clause 1 and Clause 2 of this Article.

Chapter 6

VIOLATIONS OF PROVISIONS ON SAFETY GUARANTEES IN MARITIME TRANSPORTATION AT SEAPORTS

Article 25. Violations concerning safety guarantees in maritime transportation

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

a) Failing to promptly notify or providing inaccurate information in Maritime Notices;

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

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

a) Placing maritime signals in incorrect positions;

b) Failing to place signals for dangerous obstructions;

c) Moving or damaging maritime signals;

3. Imposing a fine of from VND 20,000,000 to VND 40,000,000 for dumping mud or soil in unauthorized locations.

4. Apply remedial measures:

a) Compelling prompt and accurate notification of the contents of Maritime Notices as required for violations as specified in point a, Clause 1 of this Article;

b) Compelling installation of signals as required for violations as specified in Clause 2 and Clause 3 of this Article;

c) Compelling restoration to the original state caused by violations as specified in Clauses 1, 2, and 3 of this Article.

Chapter III

AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE PENALTIES

Section 1

AUTHORITY FOR ADMINISTRATIVE PENALTIES

Article 26. Administrative Sanctioning Authority of Maritime Inspectors, Directors of Port Management Agencies, Heads of Maritime Inspection, and Heads of Transport Ministry Inspection

1. A maritime inspector performing official duties has the authority to:

a) To issue warnings;

b) Impose a fine up to 200,000 VND;

c) Confiscate property and means of transport used to commit administrative violations with a value up to 2,000,000 VND;

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

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

e) Order destruction of items harmful to human health and the environment;

g) Order implementation of other remedial measures prescribed in this Decree;

2. The Director of the Maritime Port Authority has the authority:

a) To issue warnings;

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

c) Confiscate property and means of transport used to commit administrative violations;

d) Suspend the right to use certificates of professional capability, certificates of professional qualifications, and licenses issued by state management agencies for transportation for a period of up to six months or indefinitely. In cases where such documents are issued by other competent authorities, issue a decision to suspend the violation and recommend that the competent authority suspend the right to use for a period of time or revoke the aforementioned documents;

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

e) Order implementation of measures to mitigate environmental pollution caused by administrative violations;

g) Order destruction of items harmful to human health;

h) Order implementation of other remedial measures prescribed in this Decree;

3. The Head of Maritime Inspection has the authority to:

a) To issue warnings;

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

c) Suspend the right to use certificates of professional capability, certificates of professional qualifications, and licenses issued by state management agencies for transportation for a period of up to six months or indefinitely. In cases where such documents are issued by other competent authorities, issue a decision to suspend the violation and recommend that the competent authority suspend the right to use for a period of time or revoke the aforementioned documents;

d) Confiscate property and means of transport used to commit administrative violations;

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

e) Order implementation of measures to mitigate environmental pollution caused by administrative violations;

g) Order destruction of items harmful to human health;

h) Order implementation of other remedial measures prescribed in this Decree;

4. The Head of Transport Ministry Inspection has the authority to:

a) To issue warnings;

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

c) Suspend the right to use certificates of professional capability, certificates of professional qualifications, and licenses issued by state management agencies for transportation for a period of up to six months or indefinitely. In cases where such documents are issued by other competent authorities, issue a decision to suspend the violation and recommend that the competent authority suspend the right to use for a period of time or revoke the aforementioned documents;

d) Confiscate property and means of transport used to commit administrative violations;

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

e) Order implementation of measures to mitigate environmental pollution caused by administrative violations;

g) Order destruction of items harmful to human health;

h) Order implementation of other remedial measures prescribed in this Decree;

Article 27. Administrative Sanctioning Authority of the Chairman of the People's Committee at the Commune Level

The Chairman of the People's Committee at the commune level has the authority to impose administrative sanctions as provided for in Article 28 of the Ordinance.

Article 28. Administrative Sanctioning Authority of the Chairman of the People's Committee at the District Level

The Chairman of the People's Committee at the district level has the authority to impose administrative sanctions as provided for in Article 29 of the Ordinance.

Article 29. Administrative Sanctioning Authority of the Chairman of the People's Committee at the Provincial Level

The Chairman of the People's Committee at the provincial level has the authority to:

1. To issue warnings.

2. Impose a fine up to 100,000,000 VND;

3. Apply additional forms of administrative sanctions and remedial measures as prescribed in Clause 3 and Clause 4 of Article 7 of this Decree;

In cases where the form of additional administrative sanction involves suspending the right to use certificates of professional capability, certificates of professional qualifications, and licenses issued by competent authorities, the Chairman of the People's Committee at the provincial level shall request the issuing authority to issue a decision to revoke such certificates and licenses.

Article 30. Principles for Determining Competence to Impose Administrative Penalties

1. State management agencies with competence to impose administrative penalties in the maritime sector shall handle violations within their respective areas of management.

2. In cases where an administrative violation in the maritime sector falls under the competence of multiple agencies to impose penalties, the agency that first receives the case shall carry out the penalty.

Section 2

PROCEDURES FOR IMPOSING PENALTIES AND ENFORCING DECISIONS ON PENALTIES

Article 31. Procedures for Applying Forms of Administrative Penalty

1. When discovering an act of administrative violation in the maritime sector, the authority competent to impose penalties must immediately issue an order to stop the violation.

2. In cases where an administrative penalty is imposed in the form of a warning or a fine not exceeding 100,000 dong, the authority competent to impose penalties must issue an on-the-spot decision on penalty according to the simplified procedure stipulated in Article 54 of the Ordinance.

3. In cases where an administrative penalty is imposed in the form of a fine exceeding 100,000 dong, the authority competent to impose penalties while performing official duties must promptly prepare an administrative violation report according to the provisions of Article 55 of the Ordinance. If the person preparing the report does not have the competence to impose administrative penalties, they must promptly send the report and related documents to the authority competent to issue the penalty decision.

The time limit for issuing a penalty decision is ten days from the date of the administrative violation report; for complex administrative violation cases, the time limit for issuing a penalty decision is thirty days. In cases where additional time is needed to verify and collect evidence, the authority competent to impose penalties must report in writing to their direct superior requesting an extension; the extension must be in writing and cannot exceed thirty days. Beyond this period, the authority competent to impose penalties may not issue a penalty decision; if no penalty decision is issued, the measures to mitigate consequences as provided for in this Decree can still be applied.

4. When deciding to penalize a person who has committed multiple acts of administrative violations, the authority competent to impose penalties shall issue only one penalty decision in which the form and level of penalty for each violation are decided; if the forms of penalty are fines, they shall be combined into a total fine.

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

6. Organizations or individuals fined must pay the fine at the location specified in the penalty decision and receive a receipt for payment of the fine. The Ministry of Finance, in collaboration with the Ministry of Transport, shall guide in detail the procedures for collecting, paying fines, managing, and using funds collected from administrative penalties in the maritime sector.

7. The model for the administrative violation report and the model for the administrative penalty decision are prescribed in Government Decree No. 134/2003/NĐ-CP dated November 14, 2003, detailing the implementation of certain articles of the Ordinance on Handling Administrative Violations.

Article 32. Procedures for Revoking the Right to Use Certificates of Professional Competence, Certificates of Professional Qualification, and Licenses

The procedures for revoking the right to use certificates of professional competence, certificates of professional qualification, and licenses shall be carried out according to the provisions of Article 59 of the Ordinance.

Article 33. Procedure for Confiscation and Disposal of Evidence and Means Used in Administrative Violations

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

2. The disposal of evidence and means used in administrative violations shall be carried out according to the provisions of Article 61 of the Ordinance.

Article 34. Execution of Administrative Violation Penalty Decisions

1. Organizations and individuals subject to administrative violation penalties must execute the penalty decision within ten days from the date they receive the penalty decision, except where otherwise specified in the penalty decision. Beyond this period, if organizations and individuals subject to penalties fail to voluntarily comply, the authorized authority has the right to apply appropriate coercive measures.

2. The application of coercive measures to enforce administrative violation penalty decisions shall be carried out according to the provisions of Article 66 of the Ordinance.

3. An administrative violation penalty decision becomes ineffective one year from the date of issuance; in cases where organizations and individuals subject to penalties deliberately evade or delay, this time limit shall not be applied.

Article 35. Authority to Issue Coercive Enforcement Decisions on Administrative Violation Penalty Decisions

The authority to issue coercive enforcement decisions on administrative violation penalty decisions shall be implemented according to Article 67 of the Ordinance.

Chapter IV

PETITIONING, REPORTING AND HANDLING VIOLATIONS

Article 36. Petitioning, Reporting and Administrative Litigation

1. Organizations and individuals subject to administrative violation penalties in the maritime sector or their legitimate representatives have the right to petition against the penalty decision of the authorized authority according to the Law on Petitioning and Reporting. During the waiting period for the resolution of the petition by the competent authority, organizations and individuals subject to penalties must still execute the penalty decision, except in cases requiring the demolition of construction works.

In cases where organizations and individuals who petition disagree with the decision resolving the petition, they have the right to petition to the immediate superior of the person who issued that decision or initiate administrative litigation at the competent court.

2. The procedures for petitioning, reporting, resolving petitions and initiating administrative litigation shall be carried out according to the provisions of Articles 118 and 119 of the Ordinance.

3. Vietnamese and foreign individuals have the right to report to state authorities with jurisdiction about administrative violations committed by organizations and individuals in the maritime sector according to the laws on petitioning and reporting.

4. Vietnamese and foreign individuals have the right to report to state authorities with jurisdiction about illegal acts of the authorized authority regarding administrative violation penalties in the maritime sector.

The handling of reports shall be carried out according to current laws.

Article 37. Handling of Violations

1. The authorized authority for administrative violation penalties in the maritime sector, if harassing, tolerating, shielding, failing to penalize, or penalizing untimely, improperly, or beyond the prescribed authority, will be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

2. Individuals subject to administrative violation penalties in the maritime sector, if obstructing, resisting officials in inspection and supervision activities or intentionally delaying or evading execution of administrative violation penalty decisions, will be subject to administrative violation handling or criminal prosecution if damage is caused, compensation must be provided according to the law.

Chapter V

IMPLEMENTING PROVISIONS

Article 38. Effective Date

This Decree takes effect fifteen days after its publication in the Official Gazette and revokes Decree No. 92/1999/NĐ-CP dated September 4, 1999 of the Government on Administrative Violation Penalties in the Maritime Sector.

Article 39. Implementation organization

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

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