Decree No. 85/CP Issuing Regulations on Administrative Sanctions for Violations in the Field of Management and Protection of Aquatic Resources

DECREE

Issuing regulations on administrative penalties for violations in the field of management and protection of aquatic resources.

THE GOVERNMENT

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

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

Pursuant to the Ordinance on Administrative Sanctions for Violations dated November 30, 1989;

To uniformly implement administrative penalties against organizations and individuals who violate laws in the field of management and protection of aquatic resources.

At the proposal of the Minister of Fisheries.

DECREE:

Article 1. - Now hereby promulgates with this Decree Regulations on administrative penalties for violations in the field of management and protection of aquatic resources.

Article 2. - This Decree takes effect from the date of issuance. Previous regulations on administrative penalties for violations in the field of management and protection of aquatic resources that conflict with this Decree are abolished.

Article 3. - The Minister of Fisheries, Ministers of other Ministries, heads of government agencies, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for implementing this Decree./.

REGULATIONS

ON ADMINISTRATIVE PENALTIES IN THE FIELD OF MANAGEMENT

AND PROTECTION OF AQUATIC RESOURCES.

(Issued together with Decree No. 85-CP dated November 22, 1993 of the Government).

PART I

VIOLATIONS OF ADMINISTRATIVE LAW IN THE FIELD OF MANAGEMENT,

AND PROTECTION OF AQUATIC RESOURCES AND FORMS OF PENALTY.

Article 1- Forms and levels of fines for administrative violations concerning the protection of living environments of aquatic species.

1. Destroying coral reefs, submerged vegetation beds, mangrove forests, headwater forests which are habitats and breeding grounds for aquatic species.

a) Fine from VND 100,000 to VND 500,000, and order cessation of activities if destroying from 20 to 50 kilograms of coral or submerged vegetation.

b) Fine up to VND 1,000,000, order cessation of activities, confiscate infringing objects if destroying more than 50 kilograms of coral or submerged vegetation.

c) If illegally destroying mangrove forests or headwater forests, penalties will be imposed according to Articles 1, 2, and 3 of the Regulations on Administrative Penalties for Violations in the Field of Management and Protection of Forests, issued together with Decree No. 14-CP dated December 5, 1992 of the Government.

Violating points a and b of Clause 1 of this Article with aggravating circumstances will result in a fine up to VND 2,000,000, order cessation of activities, confiscate infringing objects and means.

2. Discharging toxic substances, toxic plants causing pollution in areas where aquatic species live:

a) Fine from VND 500,000 to VND 1,000,000 if the concentration of discharged toxic substances exceeds the prescribed limit by 10% to 20%.

b) Fine up to VND 2,000,000, order cessation of discharging toxic substances if the concentration of discharged toxic substances exceeds the prescribed limit by over 20%.

Violating points a and b of Clause 2 of this Article with aggravating circumstances will result in a fine in addition to being ordered to compensate for losses due to the death of aquatic species caused by poisoning, and take measures to address water pollution.

The Ministry of Fisheries shall coordinate with the Ministry of Science, Technology, and Environment and relevant sectors to specify permissible concentrations of waters polluted by discharged toxic substances to ensure the living environment of aquatic species.

Article 2: - Forms and levels of fines for administrative violations concerning the management of fishing industries, tools, and methods:

1. Violations in managing fishing industries, tools, and methods:

a) Warning or fine from VND 20,000 to VND 50,000, and order removal if setting up rafts or fixed devices for fishing in unauthorized locations from 1 to 3 units.

b) Fine from VND 50,000 to VND 100,000, and order removal if setting up rafts or fixed devices for fishing in unauthorized locations from 4 units or more.

c) Warning or fine from VND 50,000 to VND 100,000, order cessation of activities, confiscate aquatic products if violating any of the following:

Using nets with mesh sizes smaller than prescribed to fish.

Fishing out of permitted seasons.

Fishing using tools and methods not specified in the issued permit.

Fishing outside designated areas and routes.

Moving fishing forces and equipment to key fishing grounds without permission from competent authorities.

d) Fine from VND 100,000 to VND 500,000, order cessation of activities if violating any of the following:

Using light sources exceeding the prescribed limit by 20% or more to fish.

Using electricity (regardless of intensity) to fish.

AApplying experimental fishing methods without permission from competent authorities.

Buying, storing, transporting fishing tools prohibited in the list.

e) Warning or fine from VND 50,000 to VND 200,000 if using assigned waters for aquaculture purposes other than those specified or using waters improperly when receiving them.

Violating point a or b of Clause 1 of this Article with aggravating circumstances will result in a fine up to VND 500,000, and order removal of set-up rafts or fixed devices.

Violating point c or d of Clause 1 of this Article with aggravating circumstances will result in a fine up to VND 2,000,000, confiscate infringing objects and products.

Violating point e of Clause 1 of this Article with aggravating circumstances will result in a fine up to VND 500,000 and revocation of assigned waters.

2. Using chemicals or toxic plants (in the prohibited list) to poison waters for fishing:

a) Fine from VND 100,000 to VND 500,000, order cessation of activities if the quantity of caught aquatic species is from 10 to 50 kilograms.

b) Fine up to VND 1,000,000, confiscate infringing objects and products if the quantity of caught aquatic species is more than 50 kilograms.

Violating points a or b of Clause 2 of this Article with aggravating circumstances will result in a fine up to VND 2,000,000 and order measures to address water pollution.

3. Using explosives to fish:

Fine from VND 500,000 to VND 1,000,000, order cessation of activities if using explosives (regardless of quantity and volume) to fish or destroy habitats and breeding grounds of aquatic species.

Violating Clause 3 of this Article with aggravating circumstances will result in a fine up to VND 2,000,000, revoke the right to use fishing licenses or confiscate infringing objects and means. Serious violations may lead to criminal prosecution.

Article 3: - Forms and levels of administrative penalties for violations related to the management of aquatic resources:

1. Exploiting aquatic species listed in the prohibited exploitation list or having sizes smaller than the permitted size:

a) A fine of from VND 500,000 to VND 1,000,000, confiscation of aquatic products, suspension of activities if exploiting (regardless of quantity) aquatic species listed in the prohibited exploitation list.

b) A fine of from VND 200,000 to VND 500,000, ordered to leave the area of operation if more than 15% but not exceeding 30% of the exploited aquatic species have sizes smaller than the permitted size.

If the violation under point a, Clause 1 of this Article has aggravating circumstances, it shall be fined up to VND 2,000,000, and the right to use fishing activity permits shall be revoked.

If the violation under point b, Clause 1 of this Article has aggravating circumstances, it shall be fined up to VND 1,000,000, and ordered to leave the area of operation.

2. Transporting, processing, consuming illegally aquatic species listed in the prohibited exploitation list or having sizes smaller than the permitted size.

a) A fine of from VND 50,000 to VND 500,000, if transporting, processing, consuming from 1 kilogram to 5 kilograms of aquatic species listed in the prohibited exploitation list.

b) A fine of up to VND 1,000,000, confiscation of all products, if transporting, processing, consuming over 5 kilograms of aquatic species listed in the prohibited exploitation list.

c) A fine of from VND 50,000 to VND 500,000 if transporting, processing, consuming from 50 kilograms to 100 kilograms of aquatic species having sizes smaller than the permitted size.

d) A fine of up to VND 1,000,000, confiscation of all products, if transporting, processing, consuming over 100 kilograms of aquatic species having sizes smaller than the permitted size.

If the violations under points a, b, c, d, Clause 2 of this Article have aggravating circumstances, it shall be fined up to VND 2,000,000, and ordered to suspend operations.

3. Exploiting aquatic resources in prohibited areas:

a) A fine of from VND 50,000 to VND 500,000, ordered to leave the prohibited area, if exploiting illegally from 10 kilograms to 50 kilograms of aquatic resources.

b) A fine of up to VND 1,000,000, ordered to leave the prohibited area, confiscation of products if exploiting illegally over 50 kilograms of aquatic resources.

If the violations under points a, b, Clause 3 of this Article have aggravating circumstances, it shall be fined up to VND 2,000,000, confiscation of aquatic products, revocation of the right to use fishing activity permits.

4. Operating the trade of aquatic species seedlings:

a) Warning or a fine of from VND 20,000 to VND 200,000, ordered to destroy or take measures to prevent the spread in case of trading, moving (regardless of quantity) seedlings of aquatic species infected with diseases.

If the violation has aggravating circumstances, it shall be fined up to VND 1,000,000, ordered to take measures to prevent the spread of disease, ordered to destroy the infected aquatic species seedlings, and ordered to compensate for losses caused by the death of aquatic species due to the trade of diseased aquatic species seedlings.

b. Warning or a fine of from VND 50,000 to VND 200,000, ordered to suspend operations, confiscation of aquatic products if violating any of the following points:

Collecting natural breeding aquatic species seedlings without permission from the competent authority;

Exporting or importing aquatic species seedlings without a permit from the competent authority;

Producing, transporting, consuming aquatic species seedlings that do not meet technical standards.

If the violation has aggravating circumstances, it shall be fined up to VND 2,000,000, confiscation of products and evidence of violation.

Article 4:- Forms and levels of administrative penalties for violations related to the management of fishing vessels:

Warning or a fine of from VND 20,000 to VND 200,000 if violating any of the following points:

The vessel does not bear its name, symbol, and registration number.

The vessel has not been registered or has changed ownership but has not been re-registered.

The vessel has not been issued a registration book or the registration book has expired.

The newly built vessel has not been permitted by the competent authority.

The person operating the vessel does not have a captain's license, where required.

If the violations in this Article have aggravating circumstances, it shall be fined up to VND 500,000, ordered to suspend operations until all regulations are fully complied with.

Article 5: - Forms and levels of administrative penalties for violations related to the management and use of fishing activity permits:

a. Warning or a fine of from VND 20,000 to VND 100,000, ordered to suspend operations until a new permit is obtained or renewed, if using an expired permit.

b. A fine of from VND 500,000 to VND 1,000,000, ordered to suspend operations if renting, borrowing, buying, selling, falsifying, tampering with, or exploiting without a permit issued by the competent authority.

If the violation under point a of this Article has aggravating circumstances, it shall be fined up to VND 500,000, ordered to suspend operations until a new or renewed permit is obtained.

If the violation under point b of this Article has aggravating circumstances, it shall be fined up to VND 2,000,000, confiscation of aquatic products, and revocation of the right to use fishing activity permits.

Article 6. Violations causing serious consequences in the management and protection of aquatic resources beyond the forms and levels of penalties prescribed in this Decree will be criminally prosecuted according to the law.

PART II

AUTHORITY, PROCEDURES AND PENALTY MEASURES.

Article 7: - Authority to decide on penalties.

1. The Chairman of the People's Committee of communes, wards, towns may impose warnings, fines up to VND 50,000 for administrative violations in the field of managing and protecting aquatic resources within their jurisdiction.

2. Inspectors of aquatic resource protection currently performing their duties may impose warnings, fines up to VND 100,000, revoke the right to use permits, and apply other administrative measures prescribed in Article 12 of the Ordinance on Administrative Penalties, except for the measure of ordering compensation for damages.

3. The Chairman of the People's Committee of districts and equivalent levels, the Chief Inspector of aquatic resource protection at provincial level, may impose fines up to VND 2,000,000, and apply all forms of penalties and other administrative measures prescribed in the Ordinance on Administrative Penalties.

4. The Chairman of the People's Committee of provinces and centrally governed cities, and the Chief Inspector for protecting aquatic resources at the central level shall apply all forms of fines and other administrative measures prescribed in the Administrative Offense Sanction Ordinance.

5. State agencies and persons authorized to impose sanctions as stipulated in Articles 17 and 19 of the Administrative Offense Sanction Ordinance, while performing their duties, upon discovering administrative violations as prescribed in this Decree, have the right to impose sanctions and must comply strictly with the provisions of the Administrative Offense Sanction Ordinance and this Decree.

Article 8: - Procedures and measures for imposing sanctions:

When discovering an administrative violation, the agency or person authorized to impose sanctions shall inform the violator of the name of the legal document, clause violated, degree of responsibility, form of sanction applied to their act, and proceed with the following procedures:

a) Procedures and measures for warning sanctions.

1. Warning sanctions shall be imposed on individuals who violate for the first time and have mitigating circumstances as provided for in Article 7 of the Administrative Offense Sanction Ordinance.

2. The decision to impose a warning sanction shall be made in writing. The person authorized to issue the sanction decision may notify their decision to the authority, unit, or individual where the violator works or resides.

b) Procedures and measures for monetary fines.

1. When imposing a fine up to 50,000 VND, the agency or person authorized to impose sanctions shall decide on the spot. The fined person must pay the fine and receive a receipt for the fine payment.

2. When imposing a fine exceeding 50,000 VND, the agency or person authorized to impose sanctions must prepare a record in accordance with Article 21 of the Administrative Offense Sanction Ordinance. Within 15 days from the date of preparing the record, the agency or person authorized to impose sanctions must issue a sanction decision and send it to the organization or person being sanctioned in accordance with Article 28 of the Administrative Offense Sanction Ordinance.

3. The agency or person directly collecting the fine must use the fine receipt issued by the General Tax Department under the Ministry of Finance. The collected fine must be deposited into the state budget.

4. Within five days from the effective date of the sanction decision, if the organization or person being sanctioned does not voluntarily comply, the head of the agency that issued the sanction decision shall enforce the decision according to the provisions of Article 32 of the Administrative Offense Sanction Ordinance.

c) Procedures and measures for revoking the right to use licenses.

1. When deciding to revoke the right to use a license, the agency or person authorized must prepare a record clearly stating the reasons for revoking the right to use the license in accordance with the contents prescribed in Article 21 of the Administrative Offense Sanction Ordinance, and simultaneously issue an order to immediately cease the violation.

2. Revocation of the right to use a license can only be implemented when there is a written decision by the authorized person as stipulated in Article 7 of this Decree. The decision must be sent to the person being penalized and simultaneously notified to the issuing authority.

3. Revocation of licenses: revocation with a time limit and without a time limit. Revocation without a time limit applies in the following cases:

The license was issued beyond the authority.

The license contains content contrary to the law.

Individuals or organizations violating administrative regulations, have violated the usage rules to such an extent that they cannot continue to use the license.

Article 9: - Principles for applying administrative sanction forms in the management and protection of aquatic resource fields.

1. Warning and monetary fines are primary forms of punishment, which may be accompanied by supplementary forms of punishment or other administrative measures.

2. Supplementary forms of punishment or other administrative measures can only be applied in conjunction with primary forms of punishment.

3. Every administrative violation shall be punished once. If an organization or individual commits multiple administrative violations simultaneously, each violation shall be punished separately, but the total combined forms of punishment shall not exceed the highest penalty applicable to the most serious violation as prescribed in this Decree.

Article 10: - Temporary detention and confiscation of evidence and means of administrative violations:

1. When deemed necessary, the person authorized to impose administrative sanctions as prescribed in this Decree has the right to decide on temporarily detaining evidence and means of administrative violations.

The person issuing the temporary detention decision must prepare a record and organize the preservation of the detained evidence and means. If lost, exchanged, or destroyed, compensation is required.

Evidence and means of administrative violations temporarily detained, if not resolved within fifteen days from the date of detention, the agency or person authorized to impose sanctions must handle the evidence according to the measures recorded in the sanction decision, or return it to the owner if no monetary fine or confiscation measure is applied to them.

2. When confiscating evidence and means of administrative violations, the violator or their family should still have conditions to live. The agency or person authorized to impose sanctions must prepare a record according to the prescribed model and issue a written decision, handing over one copy to the person being sanctioned.

Do not confiscate property belonging to the state, legally owned by organizations or individuals that the violator has appropriated or used illegally to commit administrative violations.

3. Evidence and means of administrative violations temporarily detained that cannot be preserved long-term and those already confiscated must be auctioned off.

Proceeds from the sale of evidence and means of administrative violations must be deposited into the bank awaiting processing.

Article 11: - The procedure for temporarily detaining people, searching people, searching transport vehicles, and searching places hiding evidence and means of violations must comply with the provisions of Articles 22, 23, 24, 25, 26, and 27 of the Administrative Offense Sanction Ordinance.

Article 12: - Organizations and foreign individuals violating administrative regulations in the field of managing and protecting aquatic resources on Vietnamese territory shall also be subject to sanctions based on the relevant current laws and regulations.

For organizations and individuals from foreign countries enjoying diplomatic privileges and immunities, consular privileges and immunities, and other privileges and immunities under Vietnamese law and international treaties to which the Socialist Republic of Vietnam is a party, if they commit administrative violations in the management and protection of aquatic resources on Vietnamese territory, such administrative violations shall be resolved through diplomatic channels in accordance with Article 5 of the Administrative Offense Sanction Law.

Article 13: - Rewards

Individuals who discover administrative violations and agencies authorized to impose administrative sanctions in the management and protection of aquatic resources, if they achieve meritorious results, shall be rewarded according to the general regulations of the State.

The state agency authorized to handle administrative violations in the management and protection of aquatic resources as stipulated in this Decree may retain from one to fifteen percent of the fine amount and the value of confiscated items and means of transportation, after deducting necessary expenses.

The retained amount from each case mentioned above shall be used as follows: fifty percent for purchasing equipment to serve the work of the agency or unit; fifty percent as a reward for individuals directly contributing to the discovery, prevention, and apprehension of violators and their means of transportation. The reward for an individual shall not exceed two million Vietnamese dong, and any surplus must be deposited into the State treasury.

CHAPTER III

FINAL PROVISIONS

Article 14: - Only agencies and persons authorized under the Administrative Offense Sanction Law and this Decree have the authority to impose administrative sanctions in the management and protection of aquatic resources.

Article 15: - Organizations and individuals subject to administrative sanctions have the right to appeal against the sanction decision issued against them in accordance with Article 36 of the Administrative Offense Sanction Law, and the right to report acts of abuse of power or violation of State policies and regulations by those authorized to impose administrative sanctions in the management and protection of aquatic resources to the superior agency of the decision-making body.

The head of the state agency authorized upon receipt of appeals or complaints shall be responsible for examining, resolving, and responding in accordance with Articles 37 and 38 of the Administrative Offense Sanction Law./.