Decree No. 77/1998/ND-CP Amending and Supplementing Certain Provisions of Decree No. 40/CP dated July 5, 1996 of the Government

DECREE

Regarding the amendment and supplementation of certain articles of Decree No. 40/CP dated July 5, 1996 of the Government on ensuring inland waterway traffic safety and order.

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THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Pursuant to the People's Public Security Force Law of January 28, 1989, and the Law Amending Article 6 of the People's Public Security Force Law of July 6, 1995;

Pursuant to the Administrative Violation Handling Law of July 6, 1995;

Pursuant to Decree No. 80/CP dated December 5, 1996 of the Government on the organization and operation of specialized traffic inspection activities,

Considering the proposals of the Minister of Transport and the Minister of Justice,

DECREE:

Article 1. Amend and supplement certain articles of Decree No. 40/CP dated July 5, 1996 of the Government on ensuring inland waterway traffic safety and order as follows:

1. Add Clause 5 to Article 1 as follows:

"5. Activities to ensure inland waterway traffic safety and order prescribed in this Decree in areas under security and defense shall have the opinion of the Ministry of Public Security and the Ministry of National Defense."

2. Clause 10 of Article 5 is amended as follows:

"10. A cross-river transport vessel is an inland waterway vessel that carries people and goods from one bank to the other or from the bank to floating objects and vice versa."

3. Clause 1 of Article 7 is amended as follows:

"1. The inland waterway traffic police force may only establish inspection stations at locations approved by the Ministry of Public Security and may only inspect vessels when signs of violation of the law are detected."

4. Clause 9 of Article 8 is amended as follows:

"9. Specialized transport inspection authorities have the authority to inspect, check, and handle administrative violations according to the law."

5. Add Clauses 11 and 12 to Article 8 as follows:

"11. Take the lead and coordinate with relevant ministries and sectors to draft materials for propaganda, dissemination, and guidance on inland waterway transport laws for all participants in traffic.

12. Organize the collection of various fees and charges for inland waterways according to the law."

6. Add Clause 7 to Article 9 as follows:

"7. Coordinate with relevant ministries and sectors to draft materials for propaganda, dissemination, and guidance on inland waterway transport laws for all participants in traffic."

7. The phrase "Technical Inspection" in Clause 4 of Article 8; Clause 1 of Article 9; Clause 1 of Article 11; and Article 36 are amended to read "Safety Technical Inspection."

8. Clause 3 of Article 10 is amended as follows:

"3. Direct units in the fishing industry not to affect navigation on shipping lanes; comply with laws on inland waterway transport and be subject to inspection and control by authorized forces to maintain traffic order and safety according to the law."

9. Add Clause 3 to Article 24 as follows:

"3. When a vessel is sold or transferred, it must change ownership according to the provisions of the law."

10. Article 27 is amended as follows:

"Cargo must be stowed neatly without affecting the stability of the vessel; it should not obstruct the view of the driver, interfere with the operation of the control system and other safety equipment, nor be placed on passenger walkways, and must not exceed the size specified for the vessel."

11. Article 28 is amended as follows:

"Vessels carrying passengers along inland waterway routes must register departure and arrival points and pick up and drop off passengers at designated wharfs; they must also have a passenger list before departure."

12. Article 30 is amended as follows:

"Vessels carrying passengers along inland waterway routes must have safety regulations. Before departure, the vessel operator must inform passengers about the safety regulations and the use of safety equipment."

13. The phrase "Ferry Wharfs" in Clause 3 of Article 38 is amended to read "Passenger Wharfs."

14. Clause 1 of Article 42 is amended as follows:

"1. When navigating, vessels must stay on one side of the channel; in narrow channels, vessels must stay close to the starboard side of the channel."

15. The phrases "Ferry Boats" in Clause 1 of Article 58 are amended to read "vessels."

16. Remove Clause 3 of Article 59, renumbering Clauses 4, 5, and 6 as Clauses 3, 4, and 5 respectively.

17. The phrase "Traffic Police" in Article 81 is amended to read "Inland Waterway Traffic Police."

18. The phrase "Local People's Committee" in Article 83 is amended to read "Local People's Committee or the nearest competent state agency."

19. Article 90 is amended as follows:

"Penalties for violations of regulations on traffic safety and order on inland waterways:

1. Warning or a fine of VND 20,000 to VND 50,000 for failing to have safety regulations on passenger vessels with a capacity of less than 13 passengers.

2. Warning or a fine of VND 50,000 to VND 100,000 for one of the following acts:

a. Not having a passenger list for passenger vessels with a capacity of less than 13 passengers;

b. Carrying small animals in violation of regulations.

3. Warning or a fine of VND 50,000 to VND 200,000 for one of the following acts:

a. Attaching or mooring to another vessel in transit;

b. Allowing another vessel to attach or moor to their vessel while in transit;

c. Passenger vessels with a capacity of 13 passengers or more lacking safety regulations or allowing people to sit on the deck or sides of the vessel;

d. Stowing cargo improperly;

đ. Working on the vessel while under the influence of alcohol, drugs, or other stimulants exceeding the permissible limit;

e. Using crew members who are not fit to perform their duties according to regulations.

4. Warning or a fine of VND 100,000 to VND 300,000 for one of the following acts:

a. Not having a passenger list for passenger vessels with a capacity of 13 passengers or more;

b. Picking up or dropping off passengers at unauthorized locations;

c. Operating the vessel beyond its intended purpose or outside the route and operational area specified in the permit.

5. A fine of VND 200,000 to VND 500,000 for transporting large animals such as cattle, horses, or other large animals together with passengers.

6. A fine of VND 500,000 to VND 1,000,000 for transporting hazardous goods, flammable, or explosive materials together with passengers.

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

a. Operating with dangerous goods or explosives without a permit;

b. Failing to comply with regulations on fire prevention and explosion prevention;

c. Using false license plates when operating a vehicle but not reaching the level of criminal prosecution.

8. Additional forms of punishment and other measures

The certificate of master or professional qualification of the person controlling the vehicle shall be revoked for a period of three to six months for violations stipulated in Clause 7 of this Article.

20. Article 92 is amended and supplemented as follows:

"Imposing penalties for the act of using or controlling vehicles lacking required documents (Vehicle Registration Certificate, Safety Technical Inspection Certificate for inland waterway vessels, Transport Permit, Crew List, Master's License or professional qualification certificates):

1. Warning or a fine of VND 20,000 to VND 50,000 shall be imposed for the act of controlling a vessel transporting passengers across rivers (excluding ferries) or a vessel carrying passengers along inland waterways with a capacity of less than 13 passengers, or a cargo vessel with a capacity of less than five tons without a professional qualification certificate or without the registration number of the vessel as prescribed.

2. Warning or a fine of VND 100,000 to VND 200,000 shall be imposed for failing to mark or incorrectly marking the registration number of the vessel or its name (if applicable) as prescribed.

3. Imposing penalties for the act of using a vessel that lacks required documents or has not been transferred ownership according to regulations:

a. Warning or a fine of VND 50,000 to VND 200,000 shall be imposed for a vessel with a capacity from five tons to fifty tons or from thirteen passengers to twenty passengers; or a towing or pushing vessel with a power output of up to fifty-one horsepower.

b. Warning or a fine of VND 100,000 to VND 300,000 shall be imposed for a vessel with a capacity from fifty-one tons to two hundred and fifty tons or from twenty-one passengers to fifty passengers; or a towing or pushing vessel with a power output from fifty-one horsepower to under ninety horsepower.

c. Warning or a fine of VND 300,000 to VND 500,000 shall be imposed for a vessel with a capacity over two hundred and fifty tons or fifty-one passengers or more; or a towing or pushing vessel with a power output of ninety horsepower or more.

4. Imposing penalties for the act of controlling a vessel without a professional qualification certificate (river boat master's license, river boat engineer's license) as required:

a. A fine of VND 100,000 to VND 200,000 shall be imposed for the person controlling a vessel who is required to have a fourth-class or higher license.

b. A fine of VND 200,000 to VND 500,000 shall be imposed for the person controlling a vessel who is required to have a third-class or higher license.

c. A fine of VND 500,000 to VND 1,000,000 shall be imposed for the person controlling a vessel who is required to have a second-class or higher license.

d. A fine of VND 1,000,000 to VND 1,500,000 shall be imposed for the person controlling a vessel who is required to have a first-class license.

21. Article 93 is amended and supplemented as follows:

"Imposing penalties for the act of failing to ensure the quantity and quality of safety equipment as prescribed for vessels:

1. For cargo vessels.

a. Warning or a fine of VND 20,000 to VND 50,000 shall be imposed for a vessel with a capacity under five tons or a towing or pushing vessel with a power output under fifteen horsepower.

b. Warning or a fine of VND 50,000 to VND 100,000 shall be imposed for a vessel with a capacity from five tons to fifty tons or a towing or pushing vessel with a power output from fifteen horsepower to under fifty horsepower.

c. Warning or a fine of VND 100,000 to VND 300,000 shall be imposed for a vessel with a capacity from fifty-one tons to two hundred and fifty tons or a towing or pushing vessel with a power output from fifty-one horsepower to under ninety horsepower.

d. A fine of VND 300,000 to VND 500,000 shall be imposed for a vessel with a capacity over two hundred and fifty tons or a towing or pushing vessel with a power output of ninety horsepower or more.

2. For passenger vessels.

a. A fine of VND 50,000 to VND 100,000 shall be imposed for a vessel carrying passengers with a capacity from thirteen to twenty passengers.

b. A fine of VND 100,000 to VND 300,000 shall be imposed for a vessel carrying passengers with a capacity from twenty-one to fifty passengers.

c. A fine of VND 300,000 to VND 500,000 shall be imposed for a vessel carrying passengers with a capacity from fifty-one to one hundred passengers.

d. A fine of VND 500,000 to VND 1,000,000 shall be imposed for a vessel carrying passengers with a capacity over one hundred passengers.

22. The title of Clause 1 of Article 94 is amended as follows:

"1. A fine shall be imposed for the act of carrying cargo exceeding the vessel's or fleet's load capacity by 3% to under 5%."

23. Clause 2 and 3 of Article 94 are amended as follows:

"2. Warning or a fine shall be imposed for the act of carrying cargo exceeding the vessel's or fleet's load capacity by 5% to 10%, corresponding to each type of vessel as follows:

a. Warning or a fine of VND 50,000 to VND 200,000 shall be imposed for a vessel or fleet with a capacity under fifty tons.

b. Warning or a fine of VND 200,000 to VND 500,000 shall be imposed for a vessel or fleet with a capacity from fifty tons to two hundred and fifty tons.

c. A fine of VND 500,000 to VND 1,500,000 shall be imposed for a vessel or fleet with a capacity from two hundred and fifty tons to eight hundred tons.

d. A fine of VND 1,500,000 to VND 3,000,000 shall be imposed for a vessel or fleet with a capacity over eight hundred tons.

3. A fine shall be imposed for the act of carrying cargo exceeding the vessel's or fleet's load capacity by over 10%, corresponding to each type of vessel as follows:

a. Warning or a fine of VND 100,000 to VND 300,000 shall be imposed for a vessel or fleet with a capacity under fifty tons.

b. Warning or a fine of VND 300,000 to VND 1,000,000 shall be imposed for a vessel or fleet with a capacity from fifty tons to two hundred and fifty tons.

c. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for a vessel or fleet with a capacity from two hundred and fifty tons to eight hundred tons.

d. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for a vessel or fleet with a capacity over eight hundred tons.

24. Clause 6 is added to Article 94 as follows:

"6. Additional forms of punishment and other measures:

Revoking the certificate of master or professional qualification of the person controlling the vessel for a period of ninety to one hundred and eighty days for violations of carrying cargo exceeding 20% of the vessel's load capacity or the permitted number of passengers.

"a. Operating a domestic inland waterway port or wharf without a permit".

26. Supplement Clause 5 of Article 97 as follows:

"5. For violations subject to fines under Clauses 2, 3, and 4 of this Article, the following additional penalties shall also apply: Permanent cessation of operations for the port or wharf specified in Clause 2, Point a, and Clause 3; suspension of operations for sixty days for the violations specified in Point b of Clause 3 and Clause 4 of this Article."

27. Amend and supplement Article 98 as follows:

"Penalty for violations of domestic inland waterway traffic rules:"

"1. Warning or a fine from 100,000 VND to 500,000 VND for the person operating a vessel who commits any of the following acts:"

"a. Mooring the vessel in violation of regulations;"

"b. Failing to yield right-of-way to other vessels when conditions permit yielding;"

"c. Misusing priority rights causing hindrance to other vessels;"

"d. Unjustifiably using high-beam lights to shine on other vessels in transit;"

"đ. Failing to reduce speed as required;"

"e. Violating regulations concerning sound signals, light signals, and flags;"

"g. Violating regulations regarding navigation in regulated areas, control zones, and when passing through sluices, bridges, and culverts;"

"h. Violating rules on meeting, passing, and overtaking;"

"i. Failing to maintain the required lateral and longitudinal distances from other vessels as prescribed."

"2. Warning or a fine from 500,000 VND to 1,000,000 VND for the person operating a vessel who commits any of the following acts (except for household vessels):"

"a. Failing to illuminate signal lights while in transit or moored, or illuminating transit lights or mooring lights in violation of regulations;"

"b. Violating rules on meeting, passing, and overtaking in narrow channels."

"3. Additional penalties and other measures:"

"Revocation of the captain's license or professional certificate of the person operating the vessel for a period of twelve to twenty-four months for violations under Clauses 1 and 2 of this Article that result in serious traffic accidents but do not warrant criminal prosecution."

3. Forms of additional penalties and other measures:

Revoking the right to use the master's license or professional certificate of the person operating the vessel for a period of from twelve to twenty-four months for violations stipulated in Clauses 1 and 2 of this Article that lead to traffic accidents with serious consequences but not reaching the level of criminal prosecution.

28. The phrase "Head of Traffic Police Department" in Clause 5 of Article 101 is amended to read "Head of Traffic Police Department."

29. The phrase "Director of the Traffic Police Department" in Clause 6 of Article 101 is amended to read "Director of the Inland Waterway Traffic Police Department."

Article 2. This Decree takes effect fifteen days from the date of issuance.

All previous regulations contrary to this Decree are hereby abolished.

Article 3. Ministers of Ministries, Heads of agencies at the ministerial level, and agencies under the Government shall, within their respective functions and duties, be responsible for guiding and implementing this Decree. Chairpersons of People's Committees of provinces and centrally governed cities shall, based on local conditions and characteristics and within their authority, develop regulations and implementation plans for this Decree.

Article 4. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities are responsible for implementing this Decree./.