Decree No. 70/2003/NĐ-CP on administrative penalties for violations in the fisheries sector

DECREE

Provisions on administrative penalties for violations

in the field of fisheries

______________________

 

THE GOVERNMENT

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

Pursuant to the Ordinance on Protection and Development of Aquatic Resources dated April 25, 1989;

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

At the proposal of the Minister of Fisheries,

DECREE:

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of application

1. This Decree stipulates administrative violations in the field of fisheries, forms of punishment, fines, authority to impose penalties, procedures for imposing penalties, and measures to remedy consequences.

2. Administrative violations in the field of fisheries are acts that violate state management regulations in the field of fisheries carried out intentionally or negligently by organizations and individuals, which are not criminal offenses and must be subject to administrative violation handling according to the Ordinance on Handling Administrative Violations and this Decree.

3. Administrative violations in the fisheries sector as specified in this Decree include:

a) Violations of regulations on protecting fishery resources;

b) Violating regulations on fishing and fishery vessel management;

c) Violations of regulations on aquaculture;

d) Violating regulations on aquatic product processing;

đ) Violating regulations on service industries in fisheries and labeling of aquatic products.

Article 2. Subjects Subject to Penalty

1. Vietnamese organizations and individuals, and foreign organizations and individuals who commit administrative violations in the field of fisheries shall be punished according to the provisions of this Decree, except where international treaties to which Vietnam is a party provide otherwise.

In particular, the punishment of persons and vessels from outside countries committing acts that infringe upon Vietnam's maritime zones for purposes of research, exploration, and fishing, or violating regulations on managing fishing activities in Vietnam's maritime zones shall be implemented according to the provisions at point đ, Clause 2, Article 14 of the Ordinance on Handling Administrative Violations and other relevant laws.

2. The punishment of minors who commit administrative violations in the field of fisheries shall be implemented according to the provisions of Clause 1, Article 7 of the Ordinance on Handling Administrative Violations.

Article 3. Principles of Penalty Imposition

Principles for imposing administrative penalties in the field of fisheries shall be applied according to the provisions of Article 3 of the Ordinance on Handling Administrative Violations.

Article 4. Mitigating and Aggravating Circumstances

Mitigating and aggravating circumstances applicable in the imposition of administrative penalties for violations stipulated in Chapter II of this Decree shall be implemented according to the provisions of Articles 8 and 9 of the Ordinance on Handling Administrative Violations.

Article 5. Statute of Limitations for Administrative Penalties

1. The statute of limitations for administrative violations in the field of fisheries is one year, counted from the date the administrative violation was committed; specifically, for administrative violations related to the protection of living environments of aquatic species, import and export of aquatic products, production or sale of counterfeit goods, the statute of limitations is two years.

If the time limits mentioned above have expired, penalties will not be imposed but measures to remedy consequences as provided for in this Decree will still be applied.

2. If the person authorized to impose penalties commits an error in exceeding the statute of limitations for administrative violations, they shall be handled according to the provisions of Article 121 of the Ordinance on Handling Administrative Violations.

Article 6. The period is considered as not having been administratively penalized.

Organizations and individuals who have been administratively penalized, if within one year from the date of completion of the penalty decision or from the expiration date of the enforcement period of the penalty decision, do not reoffend, shall be considered as not having been administratively penalized.

Article 7. Forms of administrative penalties and measures to remedy consequences.

1. For each act of administrative violation, the violating organization or individual must bear one of the following main forms of administrative sanction:

a) Warning.

b) Fine.

2. In addition to the main forms of administrative penalty, depending on the nature and degree of violation, organizations and individuals violating administrative regulations in the fisheries sector may also be subject to one or more of the following supplementary forms of administrative penalty:

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

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

3. In addition to the main forms of punishment and supplementary punishments prescribed in Clauses 1 and 2 of this Article, organizations and individuals who commit administrative violations may also be subject to one or more of the following remedial measures:

a) Compel restoration to the original state that was altered due to the administrative violation.

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

c) Compelling removal from the territory of Vietnam or compelling re-export of goods, items, or means of transport;

d) Compelling the destruction of harmful items, animals, and plants that harm human health, aquatic animals and plants, and cause environmental pollution.

Individuals and organizations that violate the law must bear all costs for implementing the aforementioned measures.

Chapter 2:

ADMINISTRATIVE VIOLATIONS IN THE FIELD OF FISHERIES, FORMS OF PUNISHMENT AND AMOUNTS OF FINES

PART A:

VIOLATIONS OF PROVISIONS ON THE PROTECTION OF AQUATIC RESOURCES

Article 8. Violations of regulations on protecting the aquatic environment.

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for discharging oil, grease, toxic chemicals, toxic plants, or other waste causing pollution to the aquatic environment.

2. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed for dismantling or constructing floating or submerged structures in water areas without a permit from the competent authority or not in accordance with the provisions stated in the permit, thereby altering the habitat, growth, or reproduction of aquatic species.

3. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for destroying coral reefs, underwater rock formations, mangrove forests, or submerged vegetation beds, except in cases of force majeure requiring anchoring of fishing vessels.

4. Penalties for violations of regulations concerning marine protected areas shall be implemented according to Decree No. 26/CP dated April 26, 1996 of the Government on administrative penalties in the field of environmental protection.

Additional forms of punishment and measures to remedy consequences:

a) Compel the implementation of measures to restore the polluted environment for the violation specified in Clause 1 of this Article;

b) Restore the original state for the violation specified in Clause 2 of this Article;

c) Confiscate the objects and means of violation (excluding fishing vessels) for the violations specified in Clauses 2 and 3 of this Article.

Article 9. Violations of regulations on protecting aquatic species.

1. The level of penalty for the act of harvesting aquatic species if the quantity of aquatic species smaller than the permitted size exceeds the allowable limit as follows:

a) A fine of VND 500,000 to less than VND 1,500,000 if the excess quantity is under 100 kg;

b) A fine of VND 1,500,000 to less than VND 3,000,000 if the excess quantity is from 100 kg to less than 500 kg;

c) A fine of VND 3,000,000 to less than VND 5,000,000 if the excess quantity is from 500 kg to less than 1,000 kg.

d) A fine of from VND 5,000,000 to VND 10,000,000 if the quantity exceeds the permitted exploitation limit over 1,000 kg.

2. The fine for the act of exploiting aquatic products in prohibited areas or during prohibited times shall be as follows:

a) A fine of VND 1,000,000 to less than VND 3,000,000 if the quantity of aquatic species is under 100 kg;

b) A fine of VND 3,000,000 to less than VND 5,000,000 if the quantity of aquatic species is from 100 kg to less than 500 kg;

c) A fine of VND 5,000,000 to less than VND 10,000,000 if the quantity of aquatic species is from 500 kg to less than 1,000 kg;

d) A fine of VND 10,000,000 to VND 15,000,000 if the quantity of aquatic species exceeds 1,000 kg.

3. The level of penalty for the act of harvesting aquatic species listed in the prohibited list according to the law as follows:

a) A fine of VND 5,000,000 to less than VND 8,000,000 if the quantity of aquatic species is under 50 kg;

b) A fine of VND 8,000,000 to less than VND 12,000,000 if the quantity of aquatic species is from 50 kg to less than 100 kg;

c) A fine of VND 12,000,000 to less than VND 15,000,000 if the quantity of aquatic species is from 100 kg to less than 300 kg;

d) A fine of VND 15,000,000 to less than VND 20,000,000 if the quantity of aquatic species is from 300 kg to less than 500 kg;

đ) A fine of from VND 20,000,000 to VND 30,000,000 if the quantity of aquatic products is over 500 kg.

4. Additional forms of punishment and measures to remedy consequences:

a) Confiscate the illegally harvested aquatic species and compel the release of live aquatic species back into their natural habitat for the violations specified in Clauses 1, 2, and 3 of this Article.

b) Confiscate the objects and means of violation (excluding fishing vessels) and revoke the right to use the permit for six months for the violations specified in Clauses 2 and 3 of this Article in case of serious consequences.

PART B:

VIOLATIONS OF PROVISIONS ON FISHERY EXPLOITATION AND MANAGEMENT OF FISHING VESSELS

AND MANAGEMENT OF FISHING VESSELS

Article 10. Violations of provisions on fishery exploitation

1\. Warning or a fine from VND 50,000 to VND 100,000 for the act of placing fishing gear for fishery exploitation not in accordance with regulations or without permission.

2\. Warning or a fine from VND 100,000 to VND 300,000 for any of the following acts:

a\. Using lighting equipment for fishery exploitation where the total power of lights exceeds the prescribed limit or the distance between the placement points of light clusters and other fishing gear does not comply with the regulations of the Fisheries Department;

b\. Using nets with mesh sizes smaller than the prescribed size for fishery exploitation;

c\. Using handheld electric shocking devices for fishery exploitation;

d\. Using expired fishery exploitation permits;

đ\. Not having a Fishery Exploitation Logbook, failing to record entries in the Fishery Exploitation Logbook, or not complying with the reporting system for fishery exploitation as prescribed by the Fisheries Department.

3\. A fine from VND 200,000 to VND 400,000 for the act of operating contrary to the contents recorded in the fishery exploitation permit.

4\. A fine from VND 500,000 to VND 1,500,000 for the act of fishery exploitation without a permit (for specified fishery exploitation activities that require a permit).

5\. A fine from VND 1,000,000 to VND 3,000,000 for any of the following acts:

a\. Using counterfeit or altered, tampered permits;

b\. Fishing vessels using electric shocking devices for fishery exploitation.

6\. A fine from VND 2,000,000 to VND 4,000,000 for the act of using toxic chemicals or poisonous plants for fishery exploitation.

7\. A fine from VND 5,000,000 to VND 7,000,000 for the act of using explosives for fishery exploitation.

8. Additional forms of punishment and remedial measures:

a\. Ordering the reinstallation of fishing gear in compliance with regulations for the act stipulated in Clause 1 of this Article;

b) Confiscate the corresponding number of lamps exceeding the prescribed power for the act specified in point a of Clause 2 of this Article;

c\. Confiscating nets with mesh sizes smaller than the prescribed size for the act stipulated in Point b Clause 2 of this Article;

d\. Confiscating the fish caught for the acts stipulated in Clause 1, Points b, c, d Clause 2, Clause 3, Clause 4, Clause 5, Clause 7 of this Article;

đ\. Confiscating counterfeit documents, altered, tampered documents for the acts stipulated in Point d Clause 2, Point a Clause 5 of this Article;

e\. Ordering the destruction of the electric shocking device parts for the acts stipulated in Point c Clause 2, Point b Clause 5 of this Article;

g\. Ordering the destruction of the fish caught and toxic chemicals, poisonous plants for the act stipulated in Clause 6 of this Article.

Article 11. Violations of provisions on management of fishing vessels

1\. Warning or a fine from VND 50,000 to VND 100,000 for the act of:

a\. Failing to comply with the regulations of the Fisheries Department regarding food safety conditions on fishing vessels;

b\. Failing to equip or ensure the quality of equipment for ensuring safety for people and vessels as prescribed;

c\. Persons engaged in fishery exploitation when on board vessels without the required documents;

d\. Failing to write or incorrectly writing the registration number on fishing vessels or allowing the registration number to become unclear;

e\. Failing to have a Crew Register Book for the type of vessel required to have such a book.

2. Imposing a fine of VND 100,000 to VND 300,000 for any of the following acts:

a\. Failing to comply with or fully comply with regulations when navigating vessels through channels or harbors or anchoring at docks;

b\. Failing to comply with or fully comply with regulations on equipping and using signals while vessels are engaged in fishery exploitation or traveling.

3\. A fine from VND 300,000 to VND 700,000 for any of the following acts:

a\. Operating vessels or operating machinery without the required professional certification;

b\. Using fishing vessels with a Certificate of Vessel Operation Capability that has expired or been altered, tampered.

4\. A fine from VND 500,000 to VND 1,500,000 for the act of using unregistered, uninspected vessels for fishing operations.

5\. A fine from VND 1,000,000 to VND 3,000,000 for the act of using counterfeit registration and inspection documents for fishing vessels.

6\. A fine from VND 1,000,000 to VND 2,000,000 for the owner of a vessel who modifies a fishing vessel without a design file approved by the competent authority (for the size and type of fishing vessel specified by the Fisheries Department as requiring a design).

7\. A fine from VND 2,000,000 to VND 4,000,000 for the owner of a vessel who builds a new fishing vessel without a design file approved by the competent authority (for the size and type of fishing vessel specified by the Fisheries Department as requiring a design).

8. Additional forms of punishment and remedial measures:

a\. Confiscating counterfeit documents, altered, tampered, expired documents for the acts stipulated in Point b Clause 3, Clause 5 of this Article;

b\. Ordering compliance with the regulations of the Fisheries Department for the acts stipulated in Clause 1, Point b Clause 2; regulations on modification and construction of fishing vessels as prescribed by the Fisheries Department for the acts stipulated in Clause 6, Clause 7 of this Article.

PART C:

VIOLATIONS OF AQUACULTURE REGULATIONS

Article 12. Violations of regulations on the production and sale of aquatic animal breeding stock

1. A fine of from VND 500,000 to VND 1,500,000 shall be imposed on production facilities or sales outlets that commit any of the following acts:

a) Failing to ensure veterinary hygiene standards and environmental protection for ponds, tanks, equipment used in production, water supply systems, and wastewater treatment systems as prescribed by the Ministry of Fisheries;

b) Not having management staff or technical workers with the required qualifications as prescribed by the Ministry of Fisheries;

c) Not publishing the quality of the breeding stock;

d) Selling breeding stock that does not meet the published quality standards or does not meet the standards set by the Ministry of Fisheries;

đ) Failing to conduct quarantine before selling;

2. A fine of from 2,000,000 VND to 4,000,000 VND shall be imposed for any of the following acts:

a) Transporting breeding stock without a valid health certificate or exceeding the quantity specified in the health certificate.

b) Using feed, chemicals, antibiotics, and fishery veterinary drugs listed in the restricted-use category without complying with the provisions of the Ministry of Fisheries or those prohibited.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on the act of using a forged or altered health certificate.

4. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed on the act of:

a) Producing, selling, or transporting breeding stock not included in the list of commonly permitted breeding stock as prescribed by the Ministry of Fisheries;

b) Producing, selling, or transporting breeding stock included in the prohibited list as prescribed by the Ministry of Fisheries.

5. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on any of the following acts:

a) Importing aquatic animal breeding stock outside the list of commonly permitted breeding stock (if not approved by the Ministry of Fisheries) or within the prohibited list as prescribed by the Ministry of Fisheries;

b) Exporting aquatic animal breeding stock within the prohibited export list (if not approved by the Ministry of Fisheries).

6. Supplementary forms of administrative penalty and measures to remedy consequences:

a) Order compliance with veterinary hygiene regulations, environmental protection, and quality assurance requirements for the act stipulated in Clause 1 of this Article;

b) Order compliance with quarantine requirements for the act stipulated in Point đ Clause 1, Point a Clause 2 of this Article;

c) Order destruction of feed, chemicals, and fishery veterinary drugs listed in the prohibited category for the acts stipulated in Point b Clause 2 of this Article;

d) Order destruction of aquatic animal breeding stock for the act stipulated in Clause 4 of this Article;

đ) Confiscate and order destruction of aquatic animal breeding stock for prohibited species for the act stipulated in Point a Clause 5 of this Article;

e) Confiscate and order release of live aquatic animals back into their natural habitat for the act stipulated in Point b Clause 5 of this Article.

Article 13. Violations of regulations on aquaculture

1. A fine of from VND 500,000 to VND 1,500,000 shall be imposed on any of the following acts:

a) Failing to comply with the Ministry of Fisheries' regulations on managing concentrated farming areas;

b) Failing to comply with the Ministry of Fisheries' regulations on inspecting and recognizing aquaculture production and business facilities meeting food safety standards;

c) Using feed, chemicals, and fishery veterinary drugs listed in the restricted-use category without complying with the provisions of the Ministry of Fisheries;

d) Failing to comply with the Ministry of Fisheries' regulations on monitoring harmful substance residues in farmed aquatic animals and aquatic animal products.

2. A fine of from VND 2,000,000 to VND 4,000,000 shall be imposed on the act of using feed, chemicals, antibiotics, and fishery veterinary drugs listed in the prohibited-use category.

3. Measures to remedy consequences:

a) Order compliance with aquaculture area management regulations for the act stipulated in Clause 1 of this Article;

b) Order destruction of feed, chemicals, and fishery veterinary drugs listed in the prohibited-use category for the acts stipulated in Clause 2 of this Article.

Article 14. Violations of regulations on disease prevention for aquatic animals

1. A fine of from VND 500,000 to VND 1,500,000 shall be imposed on the act of failing to implement mandatory disease prevention measures as prescribed by the Ministry of Fisheries.

2. A fine of from 2,000,000 VND to 4,000,000 VND shall be imposed for any of the following acts:

a) Failing to implement disease prevention measures for aquatic animals when a disease outbreak has been declared;

b) Moving aquatic animals out of the affected area before the disease declaration has been lifted;

c) Dumping expired or banned feed, chemicals, or diseased aquatic animal carcasses or wash water into natural waters or aquaculture areas;

d) Discharging untreated or inadequately treated effluents into aquaculture areas.

3. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed on the act of failing to comply with quarantine regulations when importing, temporarily importing for re-export, or transiting aquatic animals through Vietnam's territory.

4. Measures to remedy consequences:

a) Order implementation of disease prevention measures for the acts stipulated in Clause 1; Point a, Point c, Point d Clause 2 of this Article;

b) Order destruction of diseased aquatic animals for the act stipulated in Point b Clause 2 of this Article.

c) Order compliance with quarantine regulations for the act stipulated in Clause 3 of this Article.

PART D:

VIOLATIONS OF REGULATIONS ON THE PROCESSING OF AQUATIC PRODUCTS

Article 15. Violations of regulations on the processing of aquatic products

1. A fine of from VND 500,000 to VND 1,500,000 shall be imposed on small-scale aquatic product processing establishments mainly producing by manual methods that have one of the following acts:

a) Not implementing or not fully implementing the provisions of the Ministry of Fisheries and the Ministry of Health regarding food safety and hygiene conditions;

b) Not implementing the provisions of the Ministry of Fisheries regarding inspection and recognition of establishments meeting food safety and hygiene standards.

2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on establishments processing aquatic products that have one of the following acts:

a) Not declaring quality standards for goods as required for establishments obligated to declare quality;

b) Not ensuring the quality of goods according to declared standards;

c) Processing aquatic species during prohibited fishing periods.

3. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed on industrial processing establishments that have one of the following acts:

a) Not implementing the provisions of the Ministry of Fisheries regarding inspection and recognition of establishments meeting food safety and hygiene standards;

b) Not having technical staff or technical employees with the required qualifications as stipulated by the Ministry of Fisheries;

c) Not applying a quality management system as prescribed by the Ministry of Fisheries.

4. A fine of from VND 8,000,000 to VND 12,000,000 shall be imposed on the act of processing aquatic species listed in the prohibited fishing list.

5. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on one of the following acts:

a) Using banned additives, chemicals, or disinfectants;

b) Using additives, chemicals, or disinfectants not listed in the permitted usage list prescribed by the Ministry of Fisheries;

c) Processing aquatic products containing impurities;

d) Processing aquatic products originating from prohibited harvesting areas;

đ) Processing aquatic products containing natural toxins harmful to human health.

6. Supplementary forms of administrative penalty and measures to remedy consequences:

a) Order compliance with food safety and hygiene regulations and ensure quality for the acts specified in Clause 1, Points a and b of Clause 2, and Clause 3 of this Article;

b) Order destruction of additives, chemicals, or disinfectants for the acts specified in Points a and b of Clause 5 of this Article;

c) Confiscate aquatic products for the acts specified in Point c of Clause 2; Clause 4; and Point c of Clause 5 of this Article.

đ) Order destruction of aquatic products for the acts specified in Points d and đ of Clause 5 of this Article.

PART E:

VIOLATIONS OF REGULATIONS ON AQUATIC SERVICE INDUSTRIES AND AQUATIC PRODUCT LABELS

Article 16. Violations of regulations on the production and sale of aquatic chemical products, veterinary drugs, and aquafeed.

1. A fine of from VND 200,000 to VND 400,000 shall be imposed on managers, technical supervisors, and direct sellers of establishments producing and selling aquatic veterinary drugs without a valid Practice Certificate issued by the competent authority.

2. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on the following acts:

a) Producing aquatic veterinary drugs different from those registered for production;

b) Establishments producing aquatic veterinary drugs without a valid Production Registration Certificate issued by the competent authority;

c) Establishments selling aquatic veterinary drugs and aquafeed without a valid Business Condition Certificate issued by the competent authority;

d) Using fake or altered certificates for Production Registration of Aquatic Veterinary Drugs, Business Condition Certificates for buying and selling aquatic veterinary drugs and aquafeed, and Practice Certificates for production and business of aquatic veterinary drugs.

3. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed on one of the following acts:

a) Establishments producing and selling aquatic chemical products, veterinary drugs, and aquafeed not declaring quality standards as required;

b) Establishments producing and selling aquatic chemical products, veterinary drugs, and aquafeed not ensuring the quality of goods according to declared standards;

c) Selling aquatic chemical products, veterinary drugs, and aquafeed past their expiration date.

4. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on one of the following acts of producing and selling additives, chemicals, aquafeed, and aquatic veterinary drugs:

a) Not listed in the commonly permitted usage list as prescribed by the Ministry of Fisheries;

b) Containing components prohibited for use as prescribed by the Ministry of Fisheries.

5. Additional forms of punishment and measures to mitigate consequences:

a) Confiscate fake or altered certificates for the act specified in Point d of Clause 2 of this Article;

b) Confiscate goods for the acts specified in Clause 2, Point a, and b of Clause 3 of this Article;

b) Order destruction of goods for the act specified in Point c of Clause 3 and Clause 4 of this Article.

Article 17. Violations of regulations on aquatic veterinary services

1. A fine of from VND 200,000 to VND 400,000 shall be imposed on persons practicing aquatic veterinary services without a valid Practice Certificate issued by the competent authority;

2. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on the act of using fake or altered Practice Certificates.

3. Additional forms of punishment:

Confiscate fake or altered certificates for the act specified in Clause 2 of this Article.

Article 18. Violations of regulations on the collection, storage, and transportation of fresh or processed aquatic products

1. A fine of from VND 500,000 to VND 1,500,000 shall be imposed on the act of collecting, storing, and transporting fresh or processed aquatic products not complying with the Ministry of Fisheries' regulations on food safety and hygiene conditions.

2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on one of the following acts:

a) Collecting, storing, and transporting aquatic species during prohibited fishing periods or caught using explosives or electric shock.

b) Collecting, storing, transporting, and consuming aquatic products from prohibited harvesting areas.

3. A fine of from VND 8,000,000 to VND 12,000,000 shall be imposed on the act of collecting, storing, and transporting aquatic species listed in the prohibited fishing list.

4. Impose a fine of from VND 15,000,000 to VND 20,000,000 for one of the following acts:

a) Using banned additives, chemicals, or disinfectants to preserve aquatic products;

b) Using additives, chemicals, or disinfectants not listed in the permitted usage list to preserve aquatic products;

c) Introducing impurities into raw materials for processed aquatic products.

d) Collecting, storing, transporting, and consuming aquatic products or aquatic product derivatives containing natural toxins harmful to human health.

5. Additional forms of punishment and measures to mitigate consequences:

a) Confiscating aquatic products and compelling the release of live aquatic products back into their natural environment for acts specified in Clause 2 and Clause 3 and Point c, Clause 4 of this Article;

b) Compelling the destruction of additives, chemicals, and disinfectants for acts specified in Point a and Point b, Clause 4 of this Article;

c) Compelling the destruction of aquatic products for acts specified in Point d, Clause 4 of this Article.

Article 19. Violation of regulations on the production and consumption of lifesaving equipment

1. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed on the following acts:

a) Producing lifesaving equipment that does not meet quality standards as published;

b) Selling un-inspected lifesaving equipment.

2. Forms of supplementary administrative penalties and measures to remedy consequences:

a) Confiscate goods for the act stipulated in Point a of Clause 1 of this Article;

b) Compelling the inspection of lifesaving equipment for acts specified in Point b, Clause 1 of this Article.

Article 20. Violation of regulations on fishery port activities

1. Imposing a fine from 200,000 VND to 400,000 VND for the act of throwing or dumping garbage or other objects from fishing vessels into anchoring areas or wharfs.

2. Imposing a fine from 1,000,000 VND to 3,000,000 VND for fishery ports that fail to comply with the Ministry of Fisheries' regulations on inspection and certification of fishery ports meeting food safety standards.

3. Measures to remedy consequences:

a) Order remedial measures to be taken for the acts stipulated in Clause 1 of this Article;

b) Compelling the implementation of food safety measures at fishery ports for acts specified in Clause 2 of this Article.

Article 21. Violation of labeling regulations for aquatic products

The handling of administrative violations related to labeling in the field of aquatic products shall be carried out in accordance with the Government's Decree on administrative penalties in the commercial sector.

Chapter 3:

AUTHORITY TO IMPOSE ADMINISTRATIVE PENALTIES, PROCEDURES FOR IMPOSING AND ENFORCING DECISIONS ON ADMINISTRATIVE VIOLATIONS IN THE AQUATIC SECTOR

Article 22. Authority of People's Committees at all levels

The Chairpersons of People's Committees at all levels have the authority to impose administrative penalties in the aquatic sector in accordance with Articles 28, 29, and 30 of the Ordinance on Handling Administrative Violations.

Article 23. Authority of specialized Fishery Inspection Agencies

1. Fishery Inspectors at all levels performing official duties have the right:

a) To issue warnings;

b) To impose a fine up to two hundred thousand dong;

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

d) To apply remedial measures as stipulated in Points a, b, and d, Clause 3, Article 7 of this Decree.

2. The Head of the Specialized Fishery Inspection Agency of the Department of Fisheries (or the Department of Agriculture and Rural Development managing fisheries) has the right:

a) To issue warnings;

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

c) Revoking the right to use licenses, professional certificates within their jurisdiction;

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

đ) To apply remedial measures as stipulated in Points a, b, and d, Clause 3, Article 7 of this Decree.

3. The Head of the Specialized Fishery Inspection Agency of the Ministry of Fisheries has the right:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) To revoke the right to use licenses and certificates of practice within their jurisdiction;

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

đ) To apply remedial measures as stipulated in Points a, b, and d, Clause 3, Article 7 of this Decree.

Article 24. Authority of Public Security Organs, Border Guard Forces, Coast Guard, Customs, Tax Authorities, Market Management Agencies, Directors of Maritime Port Services, and Directors of Inland Waterway Port Services

Persons authorized by the agencies: Public Security Organs, Coast Guard, Border Guard Forces, Customs, Market Management Agencies, Tax Authorities, Directors of Maritime Port Services, and Directors of Inland Waterway Port Services as stipulated in Articles 31, 32, 33, 34, 36, 37, 38, and 39 of the Ordinance on Handling Administrative Violations have the authority to impose administrative penalties in the aquatic sector according to this Decree for administrative violations related to their respective fields of management.

2. Principles for determining the authority to impose administrative penalties in the aquatic sector shall be implemented in accordance with Article 42 of the Ordinance on Handling Administrative Violations.

Article 25. 2. Organizations and individuals fined must pay the fine at the place designated in the administrative penalty decision and receive a receipt for the fine payment. In remote, isolated areas, on rivers, at sea, or in regions where travel is difficult, or outside regular working hours, individuals and organizations subject to penalties may pay the fine to the person authorized to impose penalties and receive a receipt for the fine payment.

1. When imposing administrative sanctions, the person authorized to impose sanctions must strictly follow the procedures prescribed from Article 53 to Article 63 of the Administrative Violation Handling Ordinance.

2. For confiscated items of administrative violations that are easily flammable or explosive such as explosives, detonators, slow-burning fuses, etc., the person authorized to impose penalties must promptly transfer them to the Public Security agency or local military agency for management in accordance with the Government's regulations on weapons, explosives, and auxiliary tools. When transferring, a record must be made with signatures of the person authorized to impose penalties and the representative of the receiving party; the record must be made in at least two copies.

Article 26. Transfer of decision on administrative penalty for enforcement

1. In cases where individuals or organizations commit administrative violations in one locality but reside or have headquarters in another locality without conditions to enforce the administrative penalty decision at the place of violation, the decision on administrative penalty shall be transferred to the competent administrative penalty authority at the same level where the individual resides or the organization has its headquarters for enforcement. If the place of residence of the individual or the location of the organization's headquarters does not have a competent administrative penalty authority at the same level, the decision on administrative penalty shall be transferred to the People's Committee of the district to organize enforcement. The file of administrative penalty shall be kept by the authority issuing the decision on handling the violation.

2. The agency receiving the transferred administrative penalty decision shall be responsible for delivering the decision on administrative penalty and organizing its enforcement for the individual or organization being penalized in accordance with Article 64 of the Ordinance on Handling Administrative Violations and informing the agency transferring the decision of the results.

3. The application of transferring the administrative penalty decision for collection of fines shall be applied. Supplementary forms of administrative penalties and remedial measures (if any) must be implemented immediately at the place of violation. In cases where the violator does not voluntarily comply or does not have the conditions to comply with remedial measures (if any), the costs for implementing these measures shall be clearly recorded in the administrative penalty decision for transferring the decision.

Article 27. Application of measures to prevent administrative violations and ensure the enforcement of administrative penalties.

1. The measures to prevent administrative violations and ensure the enforcement of administrative penalties, as well as the procedures for their application, are stipulated in Article 43 of the Administrative Violation Handling Ordinance.

2. The authority, procedures, and formalities for applying measures to prevent administrative violations and ensuring the enforcement of administrative penalties in the aquatic sector shall be implemented in accordance with Articles 44, 45, 46, 47, 48, and 49 of the Ordinance on Handling Administrative Violations.

Article 28. Handling violations by those authorized to handle administrative violations

The handling of violations by persons authorized to handle administrative violations in the aquatic sector shall follow the provisions of Article 121 of the Ordinance on Handling Administrative Violations.

Article 29. Petitioning and Reporting

The right of organizations and individuals to appeal against decisions on administrative penalties, decisions on applying preventive measures, and ensuring the handling of administrative violations; the right of citizens to report illegal acts in handling administrative violations; the authority, procedures, and deadlines for resolving appeals and complaints shall be implemented in accordance with Article 118 of the Ordinance on Handling Administrative Violations.

Chapter 4:

IMPLEMENTING PROVISIONS

Article 30. Effectiveness of the Decree

1. This Decree shall take effect fifteen days from the date of publication in the Official Gazette.

2. This Decree replaces Government Decree No. 48/CP dated August 12, 1996, on administrative penalties in the field of aquatic resource protection.

3. All other provisions concerning administrative penalties for violations in the field of aquaculture that conflict with this Decree are hereby abolished.

Article 31. Responsibility for guiding and implementing this Decree

The Minister of Fisheries shall be responsible for guiding and supervising the implementation of this Decree.

The Ministers of the various ministries, the heads of agencies at the ministerial level, agencies under the Government, and the Chairpersons of the People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decree./.