Decree No. 92/1999/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 Government Organization Law dated September 30, 1992;

Based on the Vietnam Maritime Code dated July 12, 1990;

Pursuant to the Ordinance on Handling Administrative Violations dated July 6, 1995;

At the proposal of the Minister of Transport,

DECREE:

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of application

1. Administrative violations in the maritime sector are acts that violate state management regulations in the maritime sector, committed intentionally or negligently by organizations or individuals, but not reaching the level of criminal prosecution and subject to administrative penalty under the law.

2. Administrative violations in the maritime sector specified in this Decree include:

a) Violations in port operation activities;

b) Violations in maritime activities of vessels within port areas and maritime zones;

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

d) Violations in maritime search and rescue operations;

đ) Violations in marine salvage operations;

e) Violations in ensuring maritime safety.

Article 2. Applicability

1. All organizations and individuals committing administrative violations in the maritime sector shall be handled according to the provisions of this Decree and other relevant laws on handling administrative violations.

Foreign organizations and individuals committing administrative violations in the maritime sector at Vietnamese ports and maritime zones (excluding military port areas and waters) shall also be penalized according to the provisions of this Decree, except where international treaties to which Vietnam is a party provide otherwise.

2. The imposition of administrative penalties on minors who commit administrative violations in the maritime sector shall be carried out in accordance with point a, Clause 1, Article 5 and Article 6 of the Administrative Violation Handling Ordinance (hereinafter referred to as the Ordinance).

Article 3. Principles of Penalty Imposition

1. The principles of imposing administrative penalties in the maritime sector shall be applied in accordance with the provisions of Article 3 of the Ordinance.

2. The imposition of administrative penalties in the maritime sector shall be carried out by persons authorized under Articles 27, 28, 29, and 30 of this Decree.

3. Administrative penalties shall not be imposed on violations occurring due to force majeure or urgent situations to ensure human life safety, vessel safety, cargo safety, and traffic infrastructure safety.

Article 4. Mitigating and Aggravating Circumstances

1. Mitigating circumstances in the maritime sector are those stipulated in Article 7 of the Ordinance.

2. Aggravating circumstances in the maritime sector are those stipulated in Article 8 of the Ordinance.

Article 5. Statute of limitations for penalties

1. The statute of limitations for administrative penalties in the maritime sector is one year, calculated from the date the administrative violation was committed.

For administrative violations concerning port exploitation and maritime works; export, import of ships and specialized maritime equipment; exit, entry of ships, crew members, and passengers, the statute of limitations for administrative penalties is two years, calculated from the date the administrative violation was committed.

Beyond the aforementioned period, administrative penalties shall not be imposed, but measures provided for in points a, b, and d, Clause 3, Article 6 of this Decree may still be applied.

2. For individuals who have been indicted, prosecuted, or had a case brought to trial under criminal procedure, if there is a decision to terminate the investigation or close the case, they will be subject to administrative penalties if their actions indicate administrative violations; the statute of limitations for administrative penalties in such cases is three months from the date of the termination decision.

3. Within the periods specified in Clauses 1 and 2 of this Article, if organizations or individuals commit new administrative violations in the maritime sector or deliberately evade or obstruct the imposition of penalties, the statute of limitations set forth in Clauses 1 and 2 of this Article shall not apply.

Article 6. Forms of Administrative Sanction

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. Depending on the nature and severity of the violation, organizations and individuals committing administrative violations may also be subject to supplementary penalties in the form of revoking licenses, certificates, seafarer passports, and confiscating items and means used to commit the violation.

3. In addition to the primary and supplementary penalties prescribed in Clauses 1 and 2 of this Article, organizations and individuals committing administrative violations may also be subject to one or more of the following measures:

a) Compelled restoration to the original state prior to the change caused by the administrative violation or compelled removal of unauthorized construction works;

b) Compelling the implementation of measures to mitigate environmental pollution caused by administrative violations;

c) Compelling compensation for damages caused by administrative violations up to 1,000,000 dong;

d) Compelling the destruction of harmful items affecting human health and the environment.

4. The forms of primary penalties, supplementary penalties, and measures applicable to each administrative violation in the maritime sector are specifically provided for in Chapter II of this Decree.

Each form of primary penalty is applied independently to each administrative violation.

5. When imposing fines, depending on specific circumstances, the fine amount for a single administrative violation in the maritime sector shall be based on the nature of the violation and the extent of damage caused by it; if the violation has mitigating circumstances, the fine amount may be reduced below the minimum limit of the fine range, but not below the minimum limit; if the violation has aggravating circumstances, the fine amount may be increased above the minimum limit, but not exceeding the maximum limit.

6. The application of administrative penalties and other administrative measures does not exclude personal liability of individuals or organizational responsibility for material damage caused by their violations.

7. Organizations subject to administrative penalties must comply with the penalty decision and simultaneously identify the fault of their employees directly responsible for the administrative violation to assign individual responsibility and compensate for damages in accordance with the law.

Chapter 2:

ADMINISTRATIVE VIOLATIONS IN THE MARITIME SECTOR; FORMS AND AMOUNTS OF PENALTIES

PART 1

VIOLATIONS OF REGULATIONS ON PORT OPERATIONS

Article 7. Violations of regulations on ensuring safety, order, and hygiene in port operations

1. Warning or a fine of from 50,000 dong to 200,000 dong for each of the following violations:

a) Entering or exiting the port area or boarding a ship without permission or failing to follow the instructions of authorized personnel;

b) Failing to implement measures to maintain hygiene in the port area.

c) Failing to report promptly to the Port Authority about incidents and accidents related to order and sanitation.

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

a) Using workers without appropriate professional certification.

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

c) The vessel cushioning system and mooring equipment at the wharf are insufficient or do not ensure safety for vessels berthing at the wharf.

d) Placing objects on the wharf that obstruct vessels from berthing, departing, or other maritime activities at the port.

đ) The shipowner or the shipowner's agent fails to deliver the cargo manifest and cargo handling plan to the port within the prescribed time.

e) Failing to report promptly to the Port Authority about incidents and accidents related to the safe operation of the seaport.

3. A fine of VND 5,000,000 to VND 20,000,000 for each violation of berthing ships or anchoring in waters before being officially announced according to regulations or using and operating the port contrary to its announced functions.

4. Other administrative measures shall be applied:

Compelling the implementation of remedial measures and compensation for losses resulting from violations stipulated in Clauses 1, 2, and 3 of this Article.

Article 8. Violation of regulations on marking codes, loading/unloading, and warehousing goods

1. A fine of VND 500,000 to VND 1,000,000 for the violation of marking codes, or loading/unloading and warehousing goods not in accordance with regulations.

2. A fine of VND 2,000,000 to VND 10,000,000 for the violation of regulations stipulated in Clause 1 of this Article in cases involving dangerous goods.

3. Other administrative measures shall be applied:

Compelling the implementation of remedial measures and compensation for losses resulting from violations stipulated in Clauses 1 and 2 of this Article.

Article 9. Violation of fire prevention and explosion control regulations at seaports

1. Warning or a fine of VND 200,000 to VND 1,000,000 for each of the following violations:

a) Not having necessary warning signs, notices, or instructions in areas prone to fires or explosions.

b) Using firefighting equipment for other purposes.

c) Not having sufficient fire prevention and explosion control systems as required.

d) Firefighting equipment is unsuitable, not in a ready state, not placed in designated locations, or not equipped with auxiliary devices suitable for the type of cargo being transported or handled.

đ) Failing to report promptly to relevant state management agencies about incidents and accidents related to fire prevention and explosion control.

e) Using personnel who are not fully equipped with protective gear or do not have the required professional certificates for fire prevention and explosion control.

2. A fine of VND 10,000,000 to VND 20,000,000 for each violation stipulated in Clause 1 of this Article in cases involving aggravating circumstances.

3. Other administrative violations concerning fire prevention and explosion control shall be applied according to Article 15 of Decree No. 49/CP dated August 15, 1996, of the Government on administrative penalties in the field of security and public order.

4. Additional forms of punishment and other administrative measures:

a) Revoking the business license for up to three months for violations stipulated in Clause 1 of this Article.

b) Compelling the implementation of remedial measures and compensation for losses resulting from violations stipulated in Clause 1 of this Article.

Article 10. Violation of regulations on ensuring maritime safety when constructing or renovating seaports

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

a) Not having or incorrectly displaying construction area signals for the wharf.

b) Not having a suitable firefighting system or rescue equipment.

c) Not having nighttime lighting or unsafe, insufficiently bright lighting in the construction area.

2. A fine of more than VND 2,000,000 to VND 10,000,000 for each violation stipulated in Clause 1 of this Article in cases involving aggravating circumstances.

3. A fine of more than VND 2,000,000 to VND 5,000,000 for each of the following violations:

a) Construction vessels or service vessels causing obstruction to port channels.

b) Dumping or dropping construction equipment or materials into port waters.

4. A fine of more than VND 5,000,000 to VND 20,000,000 for each violation stipulated in Clause 3 of this Article in cases involving aggravating circumstances.

5. A fine of 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 outside the permitted location, affecting the safety of vessel channels.

6. A fine of more than VND 20,000,000 to VND 100,000,000 for each violation stipulated in Clause 5 of this Article in cases involving aggravating circumstances.

7. Additional forms of punishment and other administrative measures:

a) Revoking the construction permit and port exploitation permit for up to three months.

b) Compelling the implementation of remedial measures and compensation for losses resulting from violations stipulated in Clauses 1, 3, and 5 of this Article.

Article 11. Violation of environmental protection regulations caused by port operations

1. Warning or a fine of VND 100,000 to VND 500,000 for discharging or allowing dirty water to flow into the wharf area or port waters.

2. A fine of more than VND 500,000 to VND 2,000,000 for the violation stipulated in Clause 1 of this Article in cases involving aggravating circumstances.

3. A fine of more than VND 2,000,000 to VND 10,000,000 for each act of pumping, discharging oil, lubricants, or other types of waste, dirty water, sludge, and harmful chemicals containing oil into port waters.

4. A fine of more than VND 10,000,000 to VND 50,000,000 for each violation stipulated in Clause 3 of this Article in cases involving aggravating circumstances.

5. Other administrative measures shall be applied:

Compelling the implementation of remedial measures and compensation for losses resulting from violations stipulated in Clause 3 of this Article.

PART 2

VI VIOLATIONS OF MARITIME ACTIVITIES OF VESSELS WITHIN THE PORT AREA AND MARITIME ZONE

Article 12. VIOLATION OF PROCEDURES FOR ARRIVING AT THE PORT

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

a\. Arriving at the port without permission as prescribed;

b\. Not reporting or incorrectly reporting the vessel's arrival at the position for pilot boarding and disembarking as prescribed.

2\. A fine of from over VND 10,000,000 to VND 50,000,000 shall be imposed for the violations stipulated in Clause 1 of this Article in cases involving aggravating circumstances.

Article 13. VIOLATION OF PROCEDURES FOR ENTERING AND LEAVING THE PORT

1\. A warning or a fine of from VND 100,000 to VND 500,000 shall be imposed for the act of failing to correctly record or incorrectly recording one of the technical parameters of the vessel in the declaration form for arrival or departure.

2\. A fine of from VND 1,000,000 to VND 5,000,000 shall be imposed for the violation stipulated in Clause 1 of this Article in cases involving aggravating circumstances.

3\. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for the act of lacking necessary documents or one of the documents required to be presented has expired when handling procedures for leaving or entering the port as prescribed.

4\. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for each of the violations stipulated in Clause 3 of this Article in cases involving aggravating circumstances.

5\. A fine of from over VND 10,000,000 to VND 50,000,000 shall be imposed for each of the following violations:

a\. Not having the final port clearance;

b\. Intentionally leaving the port without permission.

6\. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for each of the following violations:

a\. Not providing or providing incorrectly according to regulations to the Port Authority the necessary characteristics of dangerous goods being carried;

b\. Oil-carrying vessels not having the required markings or certificate of shipowner's civil liability insurance as prescribed.

7\. A fine of from over VND 20,000,000 to VND 50,000,000 shall be imposed for each of the violations stipulated in Clause 6 of this Article in cases involving aggravating circumstances.

8\. 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 leave the vessel before completing entry-exit formalities.

9. Additional forms of punishment:

Suspension of the right to use the marine transportation business license, maritime operation license of the vessel, or master's certificate for three to six months for the violation stipulated in Clause 6 of this Article.

Article 14. VIOLATION OF SAFETY, ORDER, AND SANITATION REGULATIONS FOR VESSELS

1\. A warning or a fine of from VND 50,000 to VND 100,000 shall be imposed on officers or crew members on duty who are not wearing uniforms or insignia as prescribed.

2\. A warning or a fine of from over VND 100,000 to VND 500,000 shall be imposed for each of the following violations:

a\. Not hoisting the Vietnamese National Flag as prescribed;

b\. Hoisting ceremonial flags or mourning flags without permission from the Port Authority;

c\. Blowing the horn without permission from the Port Authority while moored at the port.

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

a\. Cleaning chimneys, emitting black smoke while moored in the port waters;

b\. Leaving equipment or property of the vessel or crew members on the wharf improperly;

c\. Rusting or painting the vessel without permission from the Port Authority;

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

đ\. Swimming or causing disturbance in the port;

e\. Using VHF channels incorrectly;

g\. Collecting garbage or oily waste not in accordance with regulations or not meeting environmental protection requirements, or without permission from the competent state management agency;

h\. Carrying out rodent fumigation or disinfection in unauthorized areas.

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

a\. Setting fishing gear such as nets or traps in the port waters without permission from the Port Authority or setting them in incorrect positions or times as specified in the permit;

b\. Setting fishing gear such as stake nets or comb nets in the navigation channel or using mobile fishing gear, drag nets, or other methods that obstruct the movement of vessels;

c\. Conducting activities such as diving or underwater work in the port waters without permission from the Port Authority or conducting these activities without proper warning signals as prescribed;

d\. Conducting sports competitions or recreational activities in the port waters without permission from the Port Authority;

đ\. Sports or tour vessels operating in the port waters without permission from the Port Authority;

e\. Survey, dredging, buoy-laying vessels, and other construction equipment operating in the port waters without permission from the Port Authority;

g\. Survey, dredging, buoy-laying vessels, and other construction equipment operating in the port waters without adequate warning signals as prescribed;

h\. Non-self-propelled vessels docking alongside other vessels or wharves for cargo handling without appropriate towing assistance or failing to comply promptly with movement orders issued by the Port Authority;

i\. Not using or using incorrectly prescribed signals;

k\. Not complying with the rules for avoiding collisions at sea.

5\. A fine of from over VND 5,000,000 to VND 20,000,000 shall be imposed for each of the violations stipulated in Clause 1 and point e, point g Clause 4 of this Article in cases involving aggravating circumstances.

6\. Other administrative violations related to border health quarantine shall be applied according to Article 7 of Decree No. 46/CP dated August 6, 1996 of the Government on penalties for administrative violations in the field of state management in health.

7. Additional forms of punishment and other administrative measures:

a\. Confiscation of objects and means used to commit administrative violations for the acts stipulated in points a, b, and c Clause 4 of this Article;

b\. Compulsion to restore the original condition for the acts stipulated in points a, b Clause 4 of this Article.

Article 15. VIOLATION OF FIRE PREVENTION AND EXPLOSION PROTECTION REGULATIONS FOR VESSELS

1. A fine of from 100,000 VND to 500,000 VND for each act of smoking in prohibited areas.

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

a) Equipping fire-fighting equipment that is not in a state of readiness for operation;

b) Not having necessary warning signs or instructions at places prone to fire or explosion;

c) Not having a fire-fighting system diagram, fire-fighting duty roster, and fire-fighting operation instruction board;

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

a) Not equipping with complete fire-fighting equipment as prescribed by Vietnamese law and relevant international treaties to which Vietnam is a party;

b) Using fire-fighting equipment that is no longer operational;

c) Placing fire-fighting equipment in locations other than those specified on the vessel;

d) Crew members on the vessel not being proficient in using fire-prevention and fire-fighting equipment;

đ) Not implementing or implementing late the orders of the Port Authority regarding participation in firefighting operations for vessels in distress in the port area, waters adjacent to the port, or maritime zones;

e) Conducting work that produces sparks on the deck, cargo hold, or engine room without prior inspection and approval by the Port Authority;

g) Using fire-fighting equipment for purposes other than its intended use;

h) Not properly maintaining and servicing fire-fighting equipment according to procedures;

i) Not having an emergency response plan;

4. A fine of from 20,000,000 VND to 50,000,000 VND for each violation stipulated in Clause 1, Clause 2, and Clause 3 of this Article in cases involving aggravating circumstances.

5. Other administrative measures shall be applied:

Order to take measures to remedy consequences and compensate for damages for violations stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

Article 16. Violation of regulations on preventing environmental pollution caused by vessels

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

a) Not having a logbook for bilge water pumping;

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

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

a) Not having sufficient oil-water separators as required by Vietnamese law and relevant international conventions to which Vietnam is a party;

b) Oil filtering equipment no longer functional;

c) Using hoses, pipes, and couplings that do not meet technical requirements when receiving fuel;

d) Not assigning personnel to monitor the fuel receiving location on the vessel;

đ) Not keeping a fuel logbook or keeping it in accordance with regulations;

3. A fine of from 2,000,000 VND to 10,000,000 VND for failing to have an oil spill response plan as required.

4. A fine of from 5,000,000 VND to 20,000,000 VND for each act of discharging various types of waste, sludge, or wastewater containing oil and other toxic chemicals from the vessel into the water or onto the wharf without authorization.

5. A fine of from 50,000,000 VND to 100,000,000 VND for each violation stipulated in Clause 4 of this Article in cases involving aggravating circumstances.

6. Other administrative measures may be applied:

Order to take measures to remedy consequences and compensate for damages for violations stipulated in point b, Clause 1, and Clause 4 of this Article.

Article 17. Violation of regulations on ensuring the safety of human life and vessels

1. Warning or a fine of from 100,000 VND to 500,000 VND for each of the following violations:

a) Not having rescue and sinking prevention duty boards placed at necessary locations or such boards being damaged;

b) Not having operation instruction boards for rescue and sinking prevention equipment or such boards being damaged;

c) Not having rescue and sinking prevention duty rosters at designated locations on the vessel;

d) Assigning crew members who are not proficient in using rescue and sinking prevention equipment;

đ) Carrying more passengers than allowed, with fines calculated per excess passenger;

e) Not equipping with complete rescue and sinking prevention equipment as required;

f) Rescue and sinking prevention equipment not meeting quality standards or not being ready for immediate use.

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

a) Not having a ship's logbook or using a ship's logbook incorrectly;

b) Assigning crew members who do not have the required certificates and qualifications;

c) Not assigning the minimum safe crew complement or exceeding the assigned crew complement;

d) Assigning personnel to positions that do not match the names registered in the "Crew Register";

đ) Not having or writing unclearly or placing improperly the name and registration number of the vessel as required.

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

a) Not having lifesaving and rescue equipment as prescribed;

b) Rescue and sinking prevention equipment has expired;

c) Carrying cargo beyond the permitted weight limit.

4. A fine of from 20,000,000 VND to 50,000,000 VND for each violation stipulated in Clause 1, Clause 2, and Clause 3 of this Article in cases involving aggravating circumstances.

5. Additional forms of punishment:

Suspension of the right to use the basic safety training certificate for a period of three to six months or indefinitely for violations stipulated in point d, Clause 1 of this Article.

Suspension of the right to use the marine transport business license, vessel operation permit, or master's certificate for a period of three to six months or indefinitely for violations stipulated in point đ, Clause 1, and point c, Clause 3 of this Article.

Article 18. Violation of regulations on anchoring, berthing, mooring, and towing of vessels in port waters

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

a) Anchoring, berthing, mooring, moving position, or conducting other activities in the port channel area without the Port Authority's dispatch order;

b) Not complying with or performing incorrectly or intentionally prolonging the time to implement the Port Authority's dispatch order;

c) Not continuously operating the VHF watch on Channel 16 for 24 hours a day;

d) Using VHF without a license or using VHF channels for other purposes without registration;

đ) Not having adequate lighting or insufficient lighting when the vessel is loading/unloading cargo or anchored at night;

e) Not using sufficient navigation lights when the vessel is anchored, berthing, mooring, or towing in port waters at night;

g) Not having or not having sufficient anti-collision cushions as required.

h) Failing to promptly notify the Port Office about any discrepancies or damage discovered in maritime signals while navigating through the channel;

i) Failing to comply with collision prevention rules while navigating within port waters;

k) Failing to inform the Port Office about the navigation of the vessel within port waters;

l) Failing to maintain adequate watchkeeping on board the vessel when it is at the port and within port waters;

m) Failing to implement or implementing late the orders for typhoon and flood prevention issued by the Port Office;

n) Arbitrarily mooring the vessel to signals on the channel;

o) Failing to use tugboats as prescribed.

2. A fine of from five million dong to twenty million dong for each violation stipulated in Clause 1 of this Article when there are aggravating circumstances;

3. Additional forms of punishment:

Revoking the captain's license for three to six months or indefinitely for each violation stipulated in Clause 1 of this Article;

Article 19Violations in the field of ship registration and crew members;

1. Warning or a fine of from five hundred thousand dong to one million dong for one of the following violations:

a) Registering the ship beyond the prescribed deadline;

b) Damaging or losing the ship registration certificate;

c) Losing or damaging the seafarer's passport or maritime professional certificates;

d) Losing or damaging the seafarer's logbook;

2. A fine of from two million dong to five million dong for each violation stipulated in Clause 1 of this Article when there are aggravating circumstances;

3. A fine of from two million dong to five million dong for one of the following violations:

a) Providing false information about technical specifications or ownership status of the ship during registration;

b) Altering, forging, selling, renting, lending certificates for ship registration, seafarer passports, licenses, or maritime professional certificates, or engaging in fraudulent activities in ship registration, seafarer registration, or certification examinations and issuance;

4. A fine of from more than five million dong to ten million dong for one of the following violations:

a) Operating a ship without a ship registration certificate;

b) Failing to register changes in ship ownership according to the law when the ship has been sold, purchased, or transferred ownership;

5. A fine of from more than ten million dong to twenty million dong for each violation stipulated in Points 3 and 4 of this Article when there are aggravating circumstances;

6. Additional forms of punishment:

Revoking the right to use the ship registration certificate, seafarer's passport, or license, certificates for a period of three to six months or indefinitely for violations stipulated in Point b, Clause 3 of this Article;

Article 20. Violations concerning marine pilotage regulations;

1. Warning or a fine of from one hundred thousand dong to five hundred thousand dong for each violation where the vessel does not display the letter "G" flag when requesting a pilot or does not display the letter "H" flag when the pilot is on board;

2. A fine of from more than five hundred thousand dong to two million dong for each of the following violations:

a) Intentionally using a pilot to navigate the vessel without permission from the Port Office;

b) The pilot discovering accidents, incidents, changes in channels, and maritime signals but failing to promptly report them to the Port Office;

c) Arranging pilots to navigate vessels in pilotage areas not in accordance with regulations;

d) Arranging pilots to navigate vessels without appropriate professional certificates as required;

3. A fine of from five million dong to ten million dong for violations stipulated in Clause 2 of this Article when there are aggravating circumstances;

4. A fine of from one million dong to five million dong for each of the following violations:

a) Operating vessels entering or leaving the port without using a pilot as prescribed;

b) Failing to take safety measures or failing to arrange suitable gangways for the safe boarding and disembarkation of pilots as required;

c) Failing to notify or notifying inaccurately the pilot about the characteristics and features of the vessel;

d) Failing to ensure working and living conditions for the pilot during their time on board the vessel;

5. A fine of from more than five million dong to ten million dong for violations stipulated in Clause 4 of this Article when there are aggravating circumstances;

6. Additional forms of punishment:

Revoking the pilotage operation permit for three to six months for violations stipulated in Clause 2 of this Article;

PART 3

VIOLATIONS OF REGULATIONS ON MARITIME TRANSPORTATION BUSINESS OPERATIONS AND SHIPPING SERVICES;

Article 21. Violations concerning the use of business operation permits for maritime transportation, vessel operation permits, vessel exploitation route permits, ship agency profession permits, and other maritime activity permits (collectively referred to as permits);

1. Warning or a fine of from 100,000 VND to 500,000 VND for each of the following violations:

a) Failing to notify the issuing authority about registered changes in the permit;

b) Failing to comply with specialized reporting and statistical regulations or failing to provide necessary information as required by competent state authorities;

c) Advertising incorrectly the content of the business or advertising before obtaining permission to conduct the business;

2. A fine of from one million dong to five million dong for violations stipulated in Clause 1 of this Article when there are aggravating circumstances;

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

a) Conducting business operations not in accordance with the content and scope specified in the permit;

b) Failing to comply with the prescribed maximum and minimum freight rates, routes, and vessel names registered by the enterprise;

c) Failing to adequately equip safety equipment for personnel and means of transport when conducting maritime transportation and shipping services;

d) Engaging in maritime transportation and shipping services without a permit or with an expired permit;

đ) Altering or erasing the permit;

4. A fine of from twenty million dong to fifty million dong for each violation stipulated in Clause 3 of this Article when there are aggravating circumstances;

5. Additional forms of punishment:

Revoking the permit for up to three months for one of the violations stipulated in Clause 1, Clause 3 (excluding Point d) of this Article;

Article 22. Violations concerning the purchase and sale of ships;

1. A fine of from five hundred thousand dong to two million dong for each intentional misreporting of technical specifications of the ship being bought or sold.

2. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed on the act of buying or selling ships without permission as prescribed.

3. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on Clause 1 and Clause 2 of this Article in cases involving aggravating circumstances.

PART 4

VIOLATIONS OF PROVISIONS ON SEARCH AND RESCUE OPERATIONS

Article 23. Violations of provisions on search and rescue operations

1. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed on the act of failing to perform obligations as prescribed for maritime search and rescue.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of failing to comply with mobilization orders without justifiable reasons or being negligent in carrying out such orders issued by competent authorities.

PART 5

VIOLATIONS OF PROVISIONS ON THE ACTIVITY OF RAISING SUNKEN PROPERTY IN THE SEA

Article 24. Violations of provisions on raising sunken property in the sea

1. A warning or a fine of from VND 200,000 to VND 1,000,000 shall be imposed on the act of failing to report or reporting untimely as prescribed regarding sunken property in the sea;

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

a) Failure to install or timely install appropriate warning signals corresponding to the location of sunken assets;

b) Carrying out or terminating the raising of sunken property not in accordance with the prescribed time;

c) Raising sunken property without a permit;

d) Failing to hand over randomly raised sunken property to competent authorities;

đ) Failing to settle related costs for raising sunken property as prescribed.

3. A fine of from VND 20,000,000 to VND 50,000,000 shall be imposed for each violation stipulated in Clause 2 of this Article in cases involving aggravating circumstances.

4. Additional forms of administrative punishment:

Seizure of objects and means used to commit administrative violations shall be carried out for the acts stipulated in Clause 2 of this Article.

Section 6

VIOLATIONS OF PROVISIONS ON MARITIME SAFETY GUARANTEES

Article 25. Violations of provisions on maritime safety guarantees

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

a) Failing to report promptly or reporting inaccurately marine notices;

b) Installing navigational aids incorrectly in terms of position and as prescribed by law;

c) Obstructing navigational aids.

2. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed on violations stipulated in Clause 1 of this Article when there are aggravating circumstances.

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

a) Failing to install or installing navigational aids for obstacles on channels untimely;

b) Dredging channels and dumping mud and soil not at designated locations;

c) Causing displacement or damage to navigational aids.

4. A fine of from VND 20,000,000 to VND 100,000,000 shall be imposed for violations stipulated in this Article when there are aggravating circumstances.

5. Other administrative measures shall be applied:

Compelling the implementation of measures to remedy consequences and compensate for losses shall be carried out for violations stipulated in Clause 1 and Clause 3 of this Article.

Article 26. Violations related to maritime safety inspection activities

1. A warning or a fine of from VND 200,000 to VND 1,000,000 shall be imposed for each act of obstructing, failing to comply with requests, or intentionally making difficulties for maritime safety inspectors while performing their duties.

2. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for each act of insulting or offending maritime safety inspectors while they are performing their duties.

3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for each violation stipulated in Clause 1 and Clause 2 of this Article when there are aggravating circumstances.

4. Additional penalties:

Suspension of the right to use captain's licenses or certificates of competence for three to six months for violations stipulated in Clause 1 and Clause 2 of this Article.

Chapter 3:

AUTHORITY AND PROCEDURES FOR IMPOSING PENALTIES FOR ADMINISTRATIVE VIOLATIONS

PART 1

AUTHORITY TO IMPOSE PENALTIES

Article 27. Administrative penalty enforcement authority of maritime safety inspectors, Port Directors:

1. Maritime safety inspectors performing their duties have the right:

a) To issue warnings;

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

c) To seize objects and means used to commit administrative violations up to VND 500,000 in value;

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

đ) To compel the implementation of measures to remedy environmental pollution caused by administrative violations;

e) To compel the destruction of harmful items affecting human health and the environment.

2. The Head of Regional Maritime Safety Inspectors has the right:

a) To issue warnings;

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

c) To seize objects and means used to commit administrative violations;

d) To suspend the right to use various permits, certificates, certificates of competence, seafarer passports, and licenses within three months according to their authority. In cases where these permits, certificates, certificates of competence, seafarer passports, and licenses are issued by higher-level state agencies, a decision to stop the violation and recommend the relevant authority to revoke these documents shall be made.

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

e) To compel the implementation of measures to remedy environmental pollution caused by administrative violations;

g) To compel the destruction of harmful items affecting human health;

h) To compel compensation for losses caused by administrative violations up to VND 1,000,000.

3. The Director of Port Authorities has the right:

a) To issue warnings;

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

c) To seize objects and means used to commit administrative violations;

d) To suspend the right to use various permits, certificates, certificates of competence, seafarer passports, and licenses within six months according to their authority. In cases where these permits, certificates, certificates of competence, seafarer passports, and licenses are issued by higher-level state agencies, a decision to stop the violation and recommend the relevant authority to revoke these documents shall be made.

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

e) To compel the implementation of measures to remedy environmental pollution caused by administrative violations;

g) To compel the destruction of harmful items affecting human health;

h) To compel compensation for losses caused by administrative violations up to VND 1,000,000.

4. The Head of Central Maritime Safety Inspectors has the right:

a) To issue warnings;

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

c) To suspend the right to use various permits, certificates, certificates of competence, seafarer passports, and licenses within six months according to their authority. In cases where these permits, certificates, certificates of competence, seafarer passports, and licenses are issued by higher-level state agencies, a decision to stop the violation and recommend the relevant authority to revoke these documents shall be made.

d) To seize objects and means used to commit administrative violations;

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

e) To compel the implementation of measures to remedy environmental pollution caused by administrative violations.

g) To compel the destruction of harmful items affecting human health;

h) To compel compensation for losses caused by administrative violations up to VND 1,000,000.

Article 28. The Chairman of the People's Committee at the commune level has the right to impose administrative penalties as prescribed in Article 26 of the Ordinance.

Article 29. The Chairman of the People's Committee at the district level has the authority to impose administrative penalties in accordance with Article 27 of the Ordinance.

Article 30. The Chairman of the People's Committee of the province or centrally governed city has the authority:

a) To issue warnings;

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

c) To apply additional forms of administrative penalties.

In cases where additional forms of administrative penalties involving the revocation of licenses, certificates, and passports issued by specialized state management agencies are applied, the Chairman of the provincial People's Committee must request such agencies to issue decisions on revocation.

Article 31. Principles for defining the authority to impose administrative penalties:

1. Specialized inspection agencies have the authority to impose administrative penalties for violations in their respective fields of maritime administration.

2. In cases where administrative violations in the maritime sector fall under the jurisdiction of multiple agencies, the agency that first receives the case shall be responsible for imposing the penalty.

PART 2

PROCEDURES FOR IMPOSING PENALTIES

Article 32. Procedures for applying administrative penalties

1. When discovering administrative violations in the maritime sector, the authorized authority must immediately issue an order to stop the violation.

2. In cases where administrative penalties are imposed through warnings or fines up to 20,000 VND, the authorized authority must issue an on-the-spot penalty decision according to the simplified procedure stipulated in Article 46 of the Ordinance.

3. In cases where administrative penalties are imposed through fines exceeding 20,000 VND, the authorized authority must promptly prepare an administrative violation record in accordance with Article 47 of the Ordinance. If the person preparing the record does not have the authority to impose administrative penalties, they must promptly send the record and related files to the competent authority to issue a penalty decision.

Within fifteen days from the date of recording the administrative violation, the authorized authority must issue an administrative penalty decision in accordance with Article 48 of the Ordinance. This period may be extended but not beyond thirty days.

4. The 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 revenue collection agency within three days from the date of issuing the penalty decision. Penalty decisions of 2,000,000 VND or more must also be sent to the People's Procuracy at the same level.

5. Organizations or individuals fined must pay the fine at the location specified in the penalty decision and receive a receipt for payment. The Ministry of Finance, in coordination with the Ministry of Transport, will guide detailed procedures for collecting, paying, managing, and using revenues from administrative penalties in the maritime sector.

6. On-the-spot collection of fines is strictly prohibited.

7. The format of the administrative violation record and the administrative penalty decision is prescribed by the Minister of Transport.

Article 33. Procedures for revoking the right to use licenses, certificates, and passports

1. The procedures for revoking the right to use licenses, certificates, and passports are carried out in accordance with Article 50 of the Ordinance.

2. When discovering licenses, certificates, and passports issued without proper authority or containing illegal content, the authorized authority in the maritime sector must immediately revoke them and notify the competent state agency for further action.

Article 34. Procedure for confiscating and handling objects and means used to commit administrative violations

1. When applying the confiscation of items or means used to commit administrative violations, the authorized authority must prepare a record in accordance with Article 51 of the Ordinance.

2. Decisions to confiscate objects and means of administrative violations valued at VND 5,000,000 or more must be immediately sent to the People's Procuracy at the same level.

3. The handling of confiscated items or means used to commit administrative violations is carried out in accordance with Article 52 of the Ordinance.

Article 35. Enforcement of penalty decisions

1. Organizations or individuals subject to administrative penalties must execute the penalty decision within five days from the date of receiving the decision, unless otherwise specified in the decision. Beyond this period, if organizations or individuals fail to comply voluntarily, the authorized authority may enforce appropriate measures.

2. The enforcement of measures to compel execution of administrative penalty decisions is carried out in accordance with Article 36 of this Decree and other relevant laws.

3. An administrative penalty decision ceases to be enforceable one year after issuance; however, this time limit does not apply if the organization or individual deliberately evades or delays compliance.

Article 36. Enforcement of measures to compel execution of administrative penalty decisions

1. The enforcement of measures to compel execution of administrative penalty decisions is carried out according to the following specific provisions:

a) Deducting part of the salary or income; deducting money from a bank account;

b) Seizing assets or parts thereof equivalent in value to the fine for auction;

c) Temporarily prohibiting vessels from leaving port until the fine is fully paid.

2. The authorized authority imposing administrative penalties has the right to issue a compulsory enforcement decision and is responsible for organizing its implementation.

3. Individuals and organizations subject to compulsory enforcement must bear all costs related to organizing and implementing compulsory measures.

4. Public security forces are responsible for enforcing compulsory enforcement decisions issued by the People's Committee at the same level and must cooperate with other state agencies to organize the enforcement of their compulsory enforcement decisions upon request.

5. The transfer of administrative violation files for criminal prosecution is carried out in accordance with Article 53 of the Ordinance.

Chapter 4:

PETITIONING, REPORTING AND HANDLING VIOLATIONS

Article 37. Complaints, accusations, and resolution of complaints and accusations

1. Organizations or individuals subject to administrative penalties in the maritime sector or their legitimate representatives have the right to appeal against the penalty decision in accordance with the Law on Petition and Complaints. During the waiting period for the resolution of the appeal by the competent authority, the organization or individual subject to the penalty must still comply with the penalty decision, except in cases requiring the demolition of construction works.

In the case where organizations or individuals who lodge complaints disagree with the decision resolving their complaint, they have the right to appeal to the immediate superior authority of the person who issued that decision or to initiate administrative litigation before the competent court.

2. The procedures for lodging appeals, resolving appeals, and initiating administrative litigation shall be governed by Articles 87 and 88 of the Ordinance on Handling Administrative Violations and the Ordinance on Procedures for Resolving Administrative Cases.

3. Vietnamese and foreign individuals have the right to report to state agencies with jurisdiction about acts of administrative violations in the maritime sector committed by organizations or individuals according to the provisions of the law on appeals and reports.

4. Vietnamese and foreign individuals have the right to report to state agencies with jurisdiction about unlawful acts of persons authorized to impose administrative penalties in the maritime sector.

The handling of reports shall be carried out in accordance with the current laws.

Article 38. Handling Violations

1. A person authorized to impose administrative penalties in the maritime sector who harasses, tolerates, shields, fails to impose penalties, imposes penalties untimely, improperly, or imposes penalties beyond their jurisdiction shall be subject to disciplinary action or criminal liability depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the law.

2. An individual who is subject to an administrative penalty in the maritime sector and who obstructs, resists officials in the performance of their duties during inspections or controls, or deliberately delays or evades compliance with the administrative penalty decision shall be subject to handling or criminal liability depending on the nature and severity of the violation as stipulated by the law.

Chapter 5:

IMPLEMENTING PROVISIONS

Article 39. Effectiveness

This Decree takes effect fifteen days from the date of signature.

Abolish the provisions on administrative penalties in the maritime sector that have been promulgated as follows:

Abolish Article 16, Chapter III of the Regulation on the Organization and Operation of Maritime Safety Inspection of Vietnam issued together with Decision No. 204/TTg dated December 28, 1992 of the Prime Minister.

Abolish Articles 57, 58, 59, and 60, Chapter IV of the Regulation on Management of Maritime Activities at Seaports and Maritime Areas in Vietnam issued together with Decree No. 13/CP dated February 25, 1994 of the Government.

Article 40. Responsibility for implementation

The Minister of Transport shall be responsible for guiding the implementation of this Decree.

Ministers of Ministries, Heads of agencies equivalent to Ministries, Heads of agencies under the Government, Chairmen of People's Committees of provinces and centrally governed cities are responsible for enforcing this Decree.