DECREE

ADMINISTRATIVE PENALTIES FOR INLAND WATERWAY NAVIGATION VIOLATIONS

Pursuant to the Law on Government Organization dated June 19, 2015; the Law on amendments to some articles of the Law on Government Organization and Law on Local Government Organization dated November 22, 2019;

Pursuant to Law on handling administrative violations dated June 20, 2012; the Law on amendments and supplements to certain articles of Law on handling administrative violations dated November 13, 2020;

Pursuant to the Law on Inland Waterway Navigation dated June 15, 2004; the Law amending and supplementing a number of articles of Law on Inland Waterway Navigation dated June 17, 2014;

Pursuant to the Law on amendments to some articles concerning planning of 37 Laws dated November 20, 2018;

Pursuant to the Law on Prevention and Control of Harmful Effects of Alcoholic Beverages dated June 14, 2019;

At the request of the Minister of Transport;

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Chapter I

GENERAL PROVISIONS

Article 1. Scope

1. This Decree deals with:

a) Administrative violations, penalties, fines, remedial measures and power to record administrative violations, impose penalties and fines for inland waterway navigation violations;

b) Violations against regulations on the operation of inland waterway vessels outside the scope of channels and water areas that have not been managed and operated for the purpose of navigation, including: violations of vessels, crewmembers, or operators who are operating the vessels; navigation rules and signals of vessels; inland waterway navigation; accidents of inland waterway navigation and inland waterway navigation search and rescue.

2. Other Decrees on administrative penalties for corresponding violations shall apply to administrative violations pertaining inland waterway navigation that are not regulated by this Decree.

Article 2. Regulated entities:

1. Vietnamese and foreign organizations and individuals that commit inland waterway navigation violations.

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3. Organizations specified in Clause 1 of this Article are:

a) Business organizations established under Law on Enterprises including: private enterprises, joint-stock companies, limited liability companies and partnerships;

b) Business organizations established under Cooperative Law including: cooperatives and unions of cooperatives; 

c) Socio-political organizations, socio-professional organizations, social organizations

d) Public service providers and other organizations as per the law.

4. Household businesses and households committing administrative violations specified in this Decree shall incur penalties imposed upon individuals.

5. Dependent units of enterprises (branch offices, representative offices) that are identified as follows;

a) If a branch, representative office or business location commits an administrative violation when performing its business within the operating scope and period authorized by the legal entity or organization or when complying with guidance, direction, assignment or consent of the legal entity or organization, the legal entity or organization is the one that faces a fine for such administrative violation imposed on organizations for the activities carried out by the branch, representative office or business location of the legal entity or organization.

b) If a branch, representative office or business location of the legal entity or organization commits an administrative violation when performing its business within the operating scope and period not authorized by the enterprise or when not complying with guidance, direction, assignment or consent of the legal entity or organization, the branch, representative office or business location of the enterprise shall assume responsibility and face a fine for such administrative violation imposed on organizations for the activities carried out by the branch, representative office or business location.

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 Article 3. Prescriptive period for handling of administrative violations

1. The prescriptive period for handling of administrative violation against regulations on inland waterway navigation shall be 01 year, except for cases specified in Clause 2 of this Article.

2. The prescriptive period for handling of administrative violations shall be 02 years for the following administrative violations:

a) Violations against regulations on construction of infrastructure of inland waterways;

b) Violations against regulations on dredging and extraction of natural resources and minerals regarding inland waterways

c) Violations against regulations on construction of works that are not included in the list of infrastructure of inland waterway navigation but related to inland waterway navigation, including: construction of embankments, irrigation dams, bridges, ferry terminals, wind power, thermal power, hydroelectricity; works that cross the channel in the air or at the bottom of the channel and other works that affect the safety of inland waterway navigation.

3. Starting date of prescriptive period:

a) The prescriptive period shall be started from the time of abandonment of violations for administrative violations that have ended specified in Clause 4 of this Article

b) The prescriptive period shall be started from the time of detection of violations for administrative violations that are in progress specified in Clause 5 of this Article

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a) Violations against regulations on agreements with competent agencies prior to construction of works or organization of operations on inland waterways specified in Point a, Clause 3 of Article 5, Clause 1 of Article 10, Point c, Clause 2 of Article 13, Point a, Clause 2 of Article 14, Clause 4 of Article 27, Clause 5 of Article 28, Clause 5 of Article 29 of this Decree and the time on which violations are detected or the violators have started constructing works or organizing operations on inland waterways;

b) Violations against regulations on notification and report in case of construction and operation of works or organization of operations on inland waterways specified in Clause 1, Article 5, Point h, Clause 1, Article 7, Clause 1, Article 8 of this Decree;

c) Violations against regulations on protection of works of infrastructure of inland waterway navigation specified in Article 11 of this Decree and the time on which violations are detected causing landslide, damage to the works or disruption to inland waterway navigation;

d) Violations against navigation rules and regulations that cause accidents of inland waterway navigation

dd) Violations against regulations on notification of entry into or exit from ports, landing stages, anchorages and entry into or exit from ports, landing stages and anchorages of vessels or seaplanes without licenses specified in Point e, Clause 1 Article 21, Clause 3 and Points a, c, Clause 5 and Clause 6, Article 31 of this Decree after the vessels and seaplanes enter or leave ports, landing stages and anchorages;

e) Violations that are detected through professional and technical means and equipment: the time of abandonment of violations begins from the time on which the technical or professional means or equipment records violations;

g) The administrative violations against regulations on inland waterway navigation specified in this Decree and not specified in points a,b,c,d,dd and e of this Clause but had been completed before the competent person discovered such violations are treated as violations that have ended.

5. The administrative violations against regulations on inland waterway navigation specified in this Decree but not specified in clause 4 of this Article are treated as in-progress ones

Article 4. Penalties and remedial measures

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a) Warnings

b) Fines

2. The organizations and individuals that commit inland waterway navigation violations shall be subject to one of the following additional penalties according to the nature and severity of violations:

c) Suspend certificates of competency or professional certificates for fixed periods

b) Suspend the operation for fixed periods;

c) Confiscate material evidences and/or means used for administrative violations;

The warnings shall be applied according to regulations of Article 22 of the Law on handling administrative violations.

4. Apart from the penalties specified in Clauses 1 and 2 of this Article, the organizations and individuals who commit inland waterway navigation violations shall take the following remedial measures according to regulations of Chapter II of this Decree

a) Enforced demolition of houses, floating houses, works, equipment, signals and clearance of obstacles in case of commission of violations

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c) Enforced removal of animals, vessels, trees, objects, tents, shops, bamboo and wood in case of commission of violations;

d) Enforced removal, relocation and narrowness of fishing gears and tools for fisheries and aquaculture in case of commission of violations;

dd) Enforced registry of vessels according to regulations on vessels that are subject to registry of self-modification. In case the modified parts of vessels that are inspected by the registry office do not satisfy the technical requirements according to regulations, the parts must be demolished;

e) Enforced return of licenses, practicing certificates or operation registration certificates which have been erased or corrected that changes  information to the competent agencies or persons that have granted the licenses and certificates;

g) Enforced disembarkation of excess passengers, motorbikes, cars and goods in accordance with regulations or disembarkation of passengers, motorbikes, cars and goods that are not allowed to transport;

h) Enforced arrangement for goods according to regulations.

5. The fine for each administrative violation specified in Chapter II of this Decree are incurred by individuals. In case of the fine for the same administrative violation committed by an organization shall be 2 times as much as that on individuals

6. The authority to impose fines of different officeholders regulated in Chapter IIII herein is the maximum fine for an administrative violation committed by an individual. The maximum fine imposed upon an organization shall be 2 times as much as that on an individual.

Chapter II

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Section 1. VIOLATIONS AGAINST REGULATIONS ON CONSTRUCTION, MANAGEMENT, OPERATION AND PROTECTION OF INFRASTRUCTURE AND ORGANIZATION OF ACTIVITIES ON INLAND WATERWAYS

Article 5. Violations against regulations on construction of embankments, irrigation dams, bridges, ferry terminals, wind power, thermal power, hydroelectricity, works that cross the channel in the air or at the bottom of the channel and other works that affect the safety of inland waterway navigation (except for construction of emergency works for the purpose of protection of dikes and management of natural disaster)

1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for failure to notify or notify by the deadline according to regulations to the inland waterway navigation competent agencies in case of operation of works

2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for the commission of one of the following violations:

a) Failing to request the competent authority to declare navigation restrictions before the construction of the works according to regulations;

b) Failing to properly implement the plan for assurance about the safety of inland waterway navigation approved by the competent authority during the process of construction of works on inland waterways, except for the cases specified in Article 10 of this Decree.

3. A fine ranging from VND 20.000.000 to VND 35.000.000 shall be imposed for the commission of one of the following violations:

a) Failing to have written agreement of the inland waterway navigation competent authority on construction of works;

b) Failing to have the plan for assurance about the safety of inland waterway navigation approved by the competent authority throughout the process of construction of works on inland waterways;

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Article 6. Violations against regulations on management and maintenance of infrastructure of inland waterways;

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for the commission of one of the following violations:

a) Failing to produce documents on obstacles on inland waterways that affect the safety of navigation according to regulations;

b) Failing to request the competent authority to declare navigation restrictions according to regulations;

c) Failing to produce documents or produce documents with full information on management and maintenance of infrastructure of inland waterways according to regulations;

2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for the commission of one of the following violations:

a) Failing to take measures for assurance about the safety of inland waterway navigation in case of detection of obstacles on the channels of inland waterways according to regulations;

b) Failing to repair embankments, navigation dams, locks and other works that are damaged;

c) Failing to properly implement the plan for maintenance approved by the competent authority;

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dd) Failing to evaluate the quality of the works according to regulations;

Article 7. Violations against regulations on dredging of water areas of inland waterways;

1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for the commission of one of the following violations:

a) Failing to install the dredging control systems according to regulations in case of use of each vessel for dredging or transporting dredged materials for the purpose of dredging;

b) Using the dredging control systems installed on each vessel used for dredging or transporting dredged materials that fails to meet standards and regulations as prescribed;

c) Using the dredging control system installed on each vessel used for dredging or transporting dredged materials that fails to operate according to regulations;

d) Using each vessel for dredging or transporting dredged materials without approval of the competent agency according to regulations;

dd) Failing to record the results of dredging and transporting dredged materials or record the results of dredging and transporting dredged materials in accordance with regulations;

e) Failing to make entries in the construction logbook or make entries in the construction logbook in accordance with regulations;

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h) Failing to notify the plan (time, construction progress, scale of project, type, quantity of construction vessels, form of implementation) to the competent authority before dredging;

b) Failing to properly implement the plan for assurance about the safety of inland waterway navigation approved by the competent authority throughout the process of construction of works on inland waterways, except for the cases specified in Article 10 of this Decree.

2. A fine ranging from VND 20.000.000 to VND 35.000.000 shall be imposed for the commission of one of the following violations:

a) Failing to have full documents on environmental protection approved by the competent authority according to regulations;

b) Failing to have the plan for assurance about the safety of inland waterway navigation approved by the competent authority throughout the process of construction of works on inland waterways;

c) Failing to implement the plan for assurance about the safety of inland waterway navigation approved by the competent authority throughout the process of construction of works on inland waterways, except for the cases specified in Article 10 of this Decree.

3. A fine ranging from VND 35.000.000 to VND 50.000.000 shall be imposed for failure to dredge in water areas of inland waterways at the suitable locations and areas, within the scope of dredging, at great depth, in accordance with the design of slopes (including errors according to regulations). It is  approved by the competent authority.

4. A fine ranging from VND 50.000.000 to VND 75.000.000 shall be imposed for dredging in water areas of inland waterways without approval of the competent authority.

Article 8. Violations against regulations on salvage and clearance of obstacles

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a) Failing to provide information, notify or report in accordance with regulations on property sunk and obstacles in inland waterways;

b) Providing information, notifying or reporting in non-compliance with regulations on property sunk and obstacles in inland waterways;

2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for the commission of one of the following violations:

a) Failing to make the plan for salvage of property sunk and clearance of obstacles according to regulations;

b) Submitting the plan for salvage of property sunk and clearance of obstacles after the prescribed deadline

3. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for the commission of one of the following violations:

a) Salvaging property sunk and clearing obstacles after the prescribed time;

b) Salvaging property sunk and clearing obstacles without approval of the competent authority

c) Failing to pay the fees for salvage of property sunk and clearance of obstacles according to regulations;

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4. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for the commission of one of the following violations:

a) Failing to salvage property sunk according to regulations;

b) Failing to clear obstacles according to regulations;

5. Remedial measures:

The violators are compelled to salvage and clear obstacles if the violations specified in Clause 4 of this Article are committed.

Article 9. Violations against regulations on regulation and control of inland waterway navigation for the purpose of assurance about the safety and anti-collision on inland waterways;

1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for failure to make entries in the construction logbook or make entries in the construction logbook in accordance with regulations.

2. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for failure to properly implement the plan for regulation and control of inland waterway navigation in order to ensure the safety and anti-collision on inland waterways according to regulations

3. A fine ranging from VND 20.000.000 to VND 35.000.000 shall be imposed for failure to have the plan for regulation and control of inland waterway navigation in order to ensure the safety and anti-collision on inland waterways according to regulations

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1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for failure to make an agreement on specifications or make the plan for allocation of each signal before installation in accordance with regulations.

2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for failure to maintain or install signals in accordance with regulations.

Article 11. Violations against regulations on protection for works of infrastructure of inland waterways

1. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed for the commission of one of the following violations:

a) Dropping straw into water areas of inland waterways;

b) Tying animals to inland waterway signals, water markers, surveying markers or boundary markers of channel protection corridors.

2. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for the commission of one of the following violations:

a) Planting trees, placing objects, building cottages or other acts to obstruct or limit the effects of inland waterway signals or limit visibility of the operators of vessels;

b) Tying vessels to inland waterway signals, water markers, surveying markers or boundary markers of channel protection corridors.

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4. A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for dropping mud, soil, stone, sand, gravel or other waste into water areas of inland waterways.

5. A fine ranging from VND 7.000.000 to VND 10.000.000 shall be imposed for the commission of one of the following violations:

a) Moving inland waterway signals, water markers, surveying markers or boundary markers of channel protection corridors without permission. The violation is not eligible for criminal prosecution;

b) Making inland waterway signals, water markers, surveying markers or boundary markers of channel protection corridors useless. The violation is not eligible for criminal prosecution

6. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for the commission of one of the following violations:

a) Dismantling works or taking soil and stones from works of infrastructures of inland waterways without permission. The violation is not eligible for criminal prosecution;

b) Failing to drop mud, soil, stone, sand, gravel or other waste into water areas of inland waterways in accordance with regulations;

c) Failing to construct works, houses or floating houses in accordance with regulations within the scope of channel protection corridors of inland waterways or the scope of protection of ​​other works of infrastructure of inland waterways

7. A fine ranging from VND 20.000.000 to VND 35.000.000 shall be imposed for the commission of one of the following violations:

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b) Failing to construct works, houses or floating houses in accordance with regulations in port waters, landing stages and anchorages

8. A fine ranging from VND 60.000.000 to VND 75.000.000 shall be imposed for the commission of one of the following violations:

a) Failing to construct works, houses or floating houses in accordance with regulations within the scope of channels of inland waterways;

b) Intentionally posing obstacles on inland waterways to disrupt navigation. The violation is not eligible for criminal prosecution;

c) Operating vessels or letting vessels crash into works of infrastructure of inland waterways or other works of inland waterways that effects the safety of the works or disrupts navigation, except for regulations specified at Point b, Clause 6, Article 25 of this Decree;

d) Using explosive that effects the safety of works of infrastructure of inland waterways or other works of inland waterways.

9. Remedial measures:

a) Enforced removal of animals, vessels, trees, objects, tents, shops, bamboo and wood in case of commission of violations specified in Point b, Clauses 1,2,3 of this Article;

b) Enforced demolition of houses, floating houses, works in case of commission of violations specified in Point c, Clause 6, Point b Clause 7 and Point a Clause 8 of this Article.

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1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for failure to properly implement the plan for assurance about the safety of inland waterway navigation approved by the competent authority in case of extraction of natural resources and minerals, except for the cases specified in Article 10 of this Decree.

2. A fine ranging from VND 20.000.000 to VND 35.000.000 shall be imposed for the commission of one of the following violations:

b) Failing to have the plan for assurance about the safety of inland waterway navigation approved by the competent authority throughout the process of extraction of natural resources and minerals;

b) Failing to implement the plan for assurance about the safety of inland waterway navigation approved by the competent authority in case of extraction of natural resources and minerals, except for the cases specified in Article 10 of this Decree.

Article 13. Violations against regulations on assurance about the order and safety of inland waterway navigation in case of fisheries and aquaculture (fish rafts, fish cages, bottom gillnets and aquaculture milieus)

1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for the commission of one of the following violations:

a)  Catching mobile fisheries and aqua products or placing fishing gear and equipment for fisheries and aquaculture disrupting inland waterway navigation;

b) Failing to remove fishing gear, tools and equipment for fisheries and aquaculture after the termination of operation of fisheries and aquaculture or remove fishing gear, tools and equipment for fisheries and aquaculture in accordance with the notification of the management unit of inland waterways;

c) Failing to properly implement the plan for assurance about the safety of inland waterway navigation approved by the competent authority, except for the cases specified in Article 10 of this Decree.

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a) Failing to have the plan for assurance about the safety of inland waterway navigation approved by the competent authority;

b) Failing to implement the plan for assurance about the safety of inland waterway navigation approved by the competent authority, except for the cases specified in Article 10 of this Decree;

c) Failing to have a written agreement of the competent authority on the location and scope of fisheries and aquaculture.

3. Remedial measures:

d) Enforced removal of fishing gear and tools for fisheries and aquaculture in case of commission of violations specified in Point a, Clause 1 of this Article;

b) Enforced removal, relocation and narrowing of fishing gear and tools for fisheries and aquaculture in case of commission of violations specified in Point b, Clause 1 of this Article;

Article 14. Violations against regulations on assurance about the order and safety of inland waterway navigation in case of organization of entertainment activities, drills, sports, festivals, craft villages and vocational training courses, market gathering

1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for failure to properly implement the plan for assurance about the safety of inland waterway navigation approved by the competent authority, except for the cases specified in Article 10 of this Decree.

2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for the commission of one of the following violations:

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c) Failing to have or implement the plan for assurance about the safety of inland waterway navigation approved by the competent authority, except for the cases specified in Article 10 of this Decree.

c) Failing to organize market gathering in the suitable locations according to regulations of the competent authority or organizing market gathering that disrupts navigation

d) Failing to request the competent authority to declare navigation restrictions according to regulations;

Section 2. VIOLATIONS AGAINST REGULATIONS ON OPERATION OF VESSELS

Article 15. Violations against regulations on conditions for operation of vessels

1. A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed for the commission of one of the following violations:

a) Failing to line, paint, attach registration numbers to vessels; line, paint, attach registration numbers to vessels in accordance with regulations or ensure that the registration numbers are not obscured, peeled and faded.

b) Failing to line, paint, attach load lines to vessels; line, paint, attach load lines to vessels in accordance with regulations or ensure that the load lines are not obscured, peeled and faded.

c) Failing to line, paint, attach signals that provide information about the permitted numbers of passengers to vessels; line, paint, attach signals that provide information about the permitted numbers of passengers in accordance with regulations or ensure that the signals that provide information about the permitted numbers of passengers are not obscured, peeled and faded.

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dd) Failing to ensure the safety of operation and use of rudimentary vessels with a deadweight tonnage of under 1 ton or a capacity of under 5 passengers according to regulations.

e) Failing to have inland waterway vessel registration certificates according to regulations; using the inland waterway vessel registration certificates that are corrected or erased or using the inland waterway vessel registration certificates that are not granted by the competent authority.

g) Failing to bring an original copy or certified true copy of an inland waterway vessel registration certificate and a certificate of credit institution that is valid (for mortgaged vessel) according to regulations;

h) Failing to re-register vessels according to regulations or make declaration in order to delete the name of vessel or properly make declaration in order to register for vessels according to regulations.

2. A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed for the commission of one of the following violations, applicable to a motorized vessel with total main engine capacity of between 5 horse powers and 15 horse powers or with a capacity of between 5 passengers and 12 passengers

a) Failing to bring technical safety and environmental protection certificates of vessels according to regulations;

b) Failing to re-enter vessels at registry according to regulations;

c) Failing to make declaration in order to delete the name of vessel or properly make declaration in order to enter vessels at registry according to regulations.

3. A fine ranging from VND 3.000.000 to VND 4.000.000 shall be imposed for the commission of one of the following violations, applicable to a non-motorized vessel with a deadweight tonnage of between over 15 tonnes and under 250 tonnes or a capacity of between over 12 passengers and under 50 passengers, a motorized vessel with total main engine capacity of between over 15 horse powers and 135 horse powers or with a capacity of between over 12 passengers and 50 passengers:

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b) Failing to have the list of crewmembers according to regulations.

4. A fine ranging from VND 4.000.000 to VND 5.000.000 shall be imposed for the commission of one of the following violations, applicable to a non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000 tonnes or a capacity of between 50 passengers and 150 passengers; a motorized vessel with total main engine capacity of between over 135 horse powers and 750 horse powers or with a capacity of between over 12 passengers and 150 passengers; a dredging vessel with a capacity of 500m³/h or a crane vessel having lifting equipment with a lifting capacity of 50 tonnes:

a) Committing one of violations specified in Clause 2 of this Article;

b) Failing to have the list of crewmembers according to regulations;

c) Failing to have logbooks or have logbooks with full information according to regulations;

5. A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for the commission of one of the following violations, applicable to a non-motorized vessel with a deadweight tonnage of over 1.000 tonnes or a capacity of over 150 passengers; a motorized vessel with total main engine capacity of over 750 horse powers or with a capacity of over 150 passengers; a dredging vessel with a capacity of 500m³/h or a crane vessel having lifting equipment with a lifting capacity of 50 tonnes

a) Committing one of violations specified in Clause of this Article;

b) Failing to have the list of crewmembers according to regulations;

c) Failing to have logbooks or have logbooks with full information according to regulations;

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a) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed upon the motorized vessel with total main engine capacity of between 5 horse powers and 15 horse powers or with a capacity of between 5 passengers and 12 passengers;

b) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon a non-motorized vessel with a deadweight tonnage of between over 15 tonnes and under 250 tonnes or a capacity of between over 12 passengers and under 50 passengers, a motorized vessel with total main engine capacity of between over 15 horse powers and 135 horse powers or with a capacity of between over 12 passengers and 50 passengers:

c) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed upon a non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000 tonnes or a capacity of between 50 passengers and 150 passengers; a motorized vessel with total main engine capacity of between over 135 horse powers and 750 horse powers or with a capacity of between over 50 passengers and 150 passengers; a dredging vessel with a capacity of 500m³/h or a crane vessel having lifting equipment with a lifting capacity of 50 tonnes

A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed upon a non-motorized vessel with a deadweight tonnage of over 1.000 tonnes or a capacity of over 150 passengers; a motorized vessel with total main engine capacity of over 750 horse powers or with a capacity of over 150 passengers; a dredging vessel with a capacity of 500m³/h or a crane vessel having lifting equipment with a lifting capacity of 50 tonnes

7. Additional penalties:

Confiscate inland waterway vessel registration certificates or technical safety and environmental protection certificates that are not granted by the competent authorities according to regulations of Point e, Clauses 1 and 6 of this Article.

8. Remedial measures:

Enforced return of inland waterway vessel registration certificates or technical safety and environmental protection certificates which have been erased or corrected that changes information to the competent agencies or persons that have granted the certificates.

Article 16. Violations against regulations on the safety equipment and tools of vessels

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2. A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed for the commission of one of the following violations, applicable to a rudimentary vessel with a deadweight tonnage of under 1 ton or a capacity of under 5 passengers or a raft when operating on inland waterways. The fine shall be imposed on each tool or equipment:

a) Failing to adequately equip the safety equipment and tools (except for life jackets and personal flotation devices), life-saving tools, fire prevention and fighting, prevention of environmental pollution, mooring equipment, vessel linkage tools;

b) Failing to equip the right kind, allocate the correct positions of the safety equipment and tools, (except for life jackets and personal flotation devices), life-saving tools, fire prevention and fighting, prevention of environmental pollution, mooring equipment, vessel linkage tools. Using the safety equipment and tools (except for life jackets and personal flotation devices), life-saving tools, fire prevention and fighting, prevention of environmental pollution, mooring equipment, vessel linkage tools after the prescribed time of them;

3. A fine ranging from VND 2.000.000 to VND 3.000.000 shall be imposed for the commission of violations specified in Clauses 1, 2 of this Article, applicable to a non-motorized vessel with a deadweight tonnage of between 1 tonnes and 15 tonnes or a capacity of between 5 passengers and 12 passengers, a motorized vessel with total main engine capacity of under 5 horse powers or with a capacity of under 5 passengers.

4. A fine ranging from VND 3.000.000 to VND 4.000.000 shall be imposed for the commission of one of violations specified in Clauses 1, 2 of this Article, applicable to the motorized vessels with total main engine capacity of between 5 horse powers and 15 horse powers or with a capacity of between 5 passengers and 12 passengers

5. A fine ranging from VND 4.000.000 to VND 5.000.000 shall be imposed for the commission of violations specified in Clauses 1, 2 of this Article, applicable to a non-motorized vessel with a deadweight tonnage of over 15 tonnes, a motorized vessel with total main engine capacity of over 15 horse powers or with a capacity of over 12 passengers, an accommodation vessel, a floating restaurant or a floating hotel.

6. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for failure to install or equip the information devices or the automatic identification device (AIS) on each vessel according to regulations or maintain the operation of the information devices or the automatic identification device (AIS) according to regulations, applicable to each device.

Article 17. Violations against regulations on utilities, the operation zones of ​​vessels

1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for the commission of one of the following violations, applicable to a non-motorized vessel with a deadweight tonnage of 15 tonnes or a capacity of 12 passengers, a motorized vessel with total main engine capacity of under 5 horse powers or with a capacity of under 5 passengers:

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b) Failing to operate vessels at the proper zones

2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for the commission of one of violations specified in Clause 1 of this Article, applicable to a motorized vessel with total main engine capacity of between 5 horse powers and 15 horse powers or with a capacity of between 5 passengers and 12 passengers.

3. A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for the commission of one of violations specified in Clause 1 of this Article, applicable to a non-motorized vessel with a deadweight tonnage of between over 15 tonnes and under 250 tonnes or a capacity of between over 12 passengers and under 50 passengers, a motorized vessel with total main engine capacity of between over 15 horse powers and 135 horse powers or with a capacity of between over 12 passengers and 50 passengers.

4. A fine ranging from VND 7.000.000 to VND 10.000.000 shall be imposed for the commission of one of violations specified in Clause 1 of this Article, applicable to a non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000 tonnes or a capacity of between 50 passengers and 150 passengers; a motorized vessel with total main engine capacity of between over 135 horse powers and 750 horse powers or with a capacity of between over 50 passengers and 150 passengers; a dredging vessel with a capacity of 500m³/h or a crane vessel having lifting equipment with a lifting capacity of 50 tonnes

5. A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for the commission of one of violations specified in Clause 1 of this Article, applicable to a non-motorized vessel with a deadweight tonnage of over 1.000 tonnes or a capacity of over 150 passengers; a motorized vessel with total main engine capacity of over 750 horse powers or with a capacity of over 150 passengers; a dredging vessel with a capacity of up to 500m³/h or a crane vessel having lifting equipment with a lifting capacity of up to 50 tonnes.

6. Additional penalties:

Suspend the certificates of competency or professional certificates from 03 to 12 months for the violations specified in point Clauses 1,2,3,4 and 5 of this Article.

Article 18. Violations against regulations on the use life of vessels

1. A fine ranging from 65.000.000 VND to 75.000.000 VND shall be imposed for operation and use of vessels exceeding the prescribed use life

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Suspend the certificates of competency or professional certificates from 09 to 12 months for the violations specified in point Clause 1 of this Article.

Article 19. Violations against regulations on operation of construction, modification and repair of vessels

1. A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for the commission of one of the following violations:

a) Failing to ensure the occupational safety and health according to regulations;

b) Failing to ensure the safety conditions for fire prevention and fighting, take measures for fire prevention and fighting according to regulations;

c) Failling to have enough facilities; lacking one of equipment serving the demands for construction or repair of vessels or failing to have equipment in accordance with the national technical regulations of the establishments that construct and repair vessels according to regulations;

d) Failing to have or fully implement the plan for assurance about the safety of inland waterway navigation when the vessels are lifted up sideway or launched according to regulations.

2. A fine ranging from VND 7.000.000 to VND 10.000.000 shall be imposed for the commission of one of the following violations:

a) Failing to have documents or proper implement the design documents approved by the registry offices in case of construction, modification and repair of vessels subject to registry;

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c) Lacking at least 01 technical staff; a quality inspector or a shipbuilder according to regulations.

3. A fine ranging from 10.000.000 VND to 20.000.000 VND shall be imposed for operation of the modified vessels without registry according to regulations.

4. A fine ranging from 20.000.000 VND to 40.000.000 VND shall be imposed for failure to have enough documents on environmental protection approved by the competent authority according to regulations.

5. A fine ranging from 60.000.000 VND to 75.000.000 VND shall be imposed for failure to establish the enterprises or the cooperatives in case of construction, modification and repair of vessels according to regulations.

6. Remedial measures:

In case of commission of violations specified in Point a, Clauses 2 and 3 of this Article, the vessel owners shall register vessels according to regulations In case the modified parts of vessels that are inspected by the registry offices do not satisfy the technical requirements according to regulations, the parts must be demolished.

Section 3. VIOLATIONS AGAINST REGULATIONS ON OPERATION OF CREWMEMBERS, VESSEL OPERATORS AND VESSEL OWNERS

Article 20. Violations against regulations on responsibilities of the owners or hirers of vessels

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for the commission of one of the following violations:

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b) Failing to schedule break time for crewmembers working on the vessels according to regulations;

c) Failing to provide the sufficient quantity of annual leave for crewmembers according to regulations;

d) Failing to have adequate crewmembers according to regulations or using crewmembers whose names are not in the crewmembers lists;

dd) Receiving and using vessels that do not meet requirements for operation or failing to have adequate crewmembers according to regulations;

e) Receiving and using crewmembers working on vessels without certificates of competency or professional certificates according to regulations

2. A fine ranging from VND 20.000.000 to VND 35.000.000 shall be imposed for the commission of one of the following violations:

a) Leasing vessels that do not meet requirements for operation according to regulations;

b) Sub-leasing vessels or crewmembers to another persons (unless the vessel owners approve in writing);

c) Using the rental vessels as collateral.

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1. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed for the commission of one of the following violations:

a) Failing to instruct passengers to use fire-fighting equipment, personal flotation devices, life-saving tools and exit devices;

b) The captain does not directly assign the duties to the vice-captain or the authorized person when leaving the vessel;

c) The captain does not assign a crewman to watch the vessel when it is anchored or inspect the vessel when it is navigating under restricted visibility conditions;

d) The crewman who is assigned to watch the vessel when it is anchored is absent on the vessel or does not watch the vessel according to regulations;

dd) The captains, vice-captains, chief engineers or deputy chief engineers are absent on the vessel throughout their shifts according to regulations when the vessels are navigating;

e) Failing to notify the Maritime Administration that issue the permit of clearance of inland waterway port; landing stage or anchorage of the change of crewmembers when the vessel leaves the port, landing stage or anchorage;

g) Failing to have or write a detailed assignment table for each title on the vessel

2. A fine ranging from VND 2.000.000 to VND 3.000.000 shall be imposed for the commission of one of the following violations:

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b) The captain does not directly operate the vessel when crossing the bridges, locks; exiting, entering the ports, landing stages, anchorages and other cases according to regulations;

c) The crewmembers who are not captains directly operate vessels when crossing bridges, locks; entering or exiting ports, landing stages, anchorages or other cases according to regulations. Meanwhile, the captains shall directly steer vessels in these cases.

d) Receiving and using vessels that do not meet requirements for operation or failing to have adequate vessels according to regulations;

dd) Receiving and using crewmembers working on vessels without certificates of competency or professional certificates according to regulations

e) Failing to allocate the titles to crewmembers in conformity with the certificates of competency or professional certificates of the crewmembers

3. Saction of administrative violations shall be imposed on the crewmembers or operators who are working in their shifts with BAC or BrAC as follows:

a) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for a crewman or operator who is working on the vessel with BAC that does not exceed 50 mg per 100 ml of blood or BrAC that  not exceed 0,25 mg per liter of breath

b) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for a crewman or operator who is working on the vessel with BAC that exceeds 50 - 80 mg per 100 ml of blood or BrAC that exceeds 0,25 – 0,4 mg per liter of breath.

c) A fine ranging from VND 20.000.000 to VND 35.000.000 shall be imposed for a crewman or operator who is working on the vessel with BAC that exceeds 80 mg per 100 ml of blood or BrAC that exceeds 0,4 mg per liter of breath

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a) Suspend the certificates of competency or professional certificates from 01 to 02 months for the violations specified in point b Clause 3 this Article.

b) Suspend the certificates of competency or professional certificates from 02 to 04 months for the violations specified in point c Clause 3 of this Article.

Article 22. Violations against regulations on use of certificates of competency or professional certificates

1. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed for a crewman or operator who does not bring a certificate of competency or professional certificate according to regulations

2. A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed for a operator who does not have a professional certificate or have a professional certificate that is not suitable for the type of vessel according to regulations or is being suspended the professional certificate

3. Saction of administrative violations shall be imposed for crewmembers who do not have certificates of competency or use certificates of competency that are expired according to regulations or are being suspended the certificates of competency as follows:

a) A fine ranging from VND 2.000.000 to VND 3.000.000 shall be imposed for a crewman who must have a four-class certificate of competency of master according to regulations;

b) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for a crewman who must have a third-class certificate of competency of master or a third-class certificate of competency of chief engineer according to regulations;

c) A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for a crewman who must have a second-class certificate of competency of master or a second-class certificate of competency of chief engineer according to regulations;

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4. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for leasing, lending or hiring, borrowing, erasing or correcting a professional certificate; making false declaration for the purpose of issuance, re-issuance or change of a professional certificate or using a professional certificate with a serial number at the back that is not the same as the latest serial number issued in the book of the competent authority or a professional certificate that is not issued by the competent authority.

5. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for leasing, lending or hiring, borrowing, erasing or correcting a certificate of competency of master and chief engineer; making false declaration for the purpose of issuance, re-issuance or change of a certificate of competency or using a certificate of competency of master and chief engineer with a serial number at the back that is not the same as the latest serial number issued in the book of the competent authority or a certificate of competency of master and chief engineer that is not issued by the competent authority.

6. Additional penalties:

a) Suspend the certificate of competency or professional certificate from 06 to 12 months for leasing, lending the certificate of competency or professional certificate specified in Clauses 3,4 of this Article.

b) Confiscate the certificate of competency or professional certificate in case of making of false declaration for the purpose of issuance, re-issuance or change of the certificate of competency or professional certificate or use of the certificate of competency or professional certificate with a serial number at the back that is not the same as the latest serial number issued in the book of the competent authority or person; or the certificate of competency or professional certificate that is not issued by the competent authority according to regulations of Clauses 4.5 of this Article.

7. Remedial measures:

Enforced return of certificates of competency or professional certificates of crewmembers and operators which have been erased or corrected to the competent agencies or persons that have issued the certificates according to regulations of Clauses 4,5 of this Article.

Article 23. Violations against regulations on training and advanced training for crewmembers and operators

1. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for using vessels for the purpose of practice without the signals for “training vessels” according to regulations.

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3. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for the commission of one of the following violations:

a) Failing to ensure the conditions of classrooms and exam rooms according to regulations;

b) Failing to meet the standards of workshops and practice areas according to regulations;

c) Failing to ensure teaching materials according to regulations;

d) Lacking at least 01 theory teacher or practice teacher; failing to have theory teachers or practice teachers who meet requirements according to regulations;

dd) Failing to perform or adequately perform training contents and programs according to regulations;

e) Failing to enroll in accordance with regulations.

g) Failing to organize training and advanced training at the location approved by the competent authority.

4. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for training crewmembers and operators of inland waterway vessels without certificates of eligibility for provision of crewmembers training services issued by the competent authorities or failing to train crewmembers and operators according to certificates of eligibility for provision of crewmembers training services issued by the competent authorities in accordance with regulations.

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6. Additional penalties:

Suspend operation for 03 - 06 months in case the training facilities commit the violations specified in Clauses 3,4,5 of this Article;

Article 24. Violations against regulations on responsibilities when accidents happen on inland waterways

1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for failure to promptly notify the nearest police offices, Maritime Administration or the People's Committee when accidents happen on inland waterways.

2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for the commission of one of the following violations:

a) Failing to be present on time according to the convening time of the competent state agency;

b) Failing to provide sufficient documents and evidences regarding accidents.

3. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for failure to protect traces and evidences or change of traces and evidences regarding accidents.

4. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for the commission of one of the following violations:

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b) Causing disorder or obstructing the rescue and handling of accidents.

5. A fine ranging from VND 60.000.000 to VND 75.000.000 shall be imposed for hit and run. The violation is not eligible for criminal prosecution.

Section 4. VIOLATIONS AGAINST REGULATIONS ON NAVIGATION AND VESSELS' SIGNALS

Article 25. Violations against regulations on navigation

1. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed for operating a non-motorized vessel with a deadweight tonnage of 15 tonnes or a capacity of 12 passengers, a motorized vessel with total main engine capacity of 15 horse powers or with a capacity of 12 passengers:

a) Clinging or typing their vessels to passenger vessels or dangerous cargo vessels also underway or letting passenger vessels or dangerous cargo vessels cling or tie to their vessels, except for the case of rescue, salvage or force majeure circumstances.

b) Failing to comply with instructions of inland waterway signals or instructions of navigation regulators, except for the acts specified at Point b, Clause 6 of this Article;

b) Failing to reduce the speed of vessels according to regulations;

d) Failing to send signals of vessels according to regulations when the vessels enter, leave ports, landing stages, anchorages or navigate under restricted visibility conditions or at cross-channels or channel bends;

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e) Overtaking other vessels without receiving signals to overtake from that vessels;

g) Overtaking at the places where there are overtaking signs, vessels approaching or obstructions ahead; at cross-channels, channel bends or at places where there are narrow- channel signs; when sailing through the clear spans or locks;

h) Failing to keep out of the way of, or give way to, other vessels according to regulations;

i) Anchoring vessels at the moorings that are prohibited; failing to comply with regulations on anchoring of vessels or anchoring vessels that causes traffic disruption, except for the cases specified in Clause 4, Article 31 and Clause 6, Article 35 of this Decree.

2. Sanction of administrative violations for violations specified in Clause 1 of this Article shall be imposed on each type of vessel, as follows:

a) A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of between over 15 tonnes and under 250 tonnes or a capacity of between over 12 passengers and under 50 passengers, motorized vessel with total main engine capacity of between over 15 horse powers and 135 horse powers or with a capacity of between over 12 passengers and 50 passengers:

b) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000 tonnes or a capacity of between 50 passengers and 150 passengers; a motorized vessel with total main engine capacity of between over 135 horse powers and 750 horse powers or with a capacity of between over 50 passengers and 150 passengers; a dredging vessel with a capacity of 500m³/h or a crane vessel having lifting equipment with a lifting capacity of 50 tonnes and tow convoy with a deadweight tonnage of 1500 tonnes;

c) A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of over 1.000 tonnes or a capacity of over 150 passengers; a motorized vessel with total main engine capacity of over 750 horse powers or with a capacity of over 150 passengers; a dredging vessel with a capacity of 500m³/h; crane vessel that has lifting equipment with a lifting capacity of 50 tonnes and and tow convoy with a deadweight tonnage of 1500 tonnes.

3. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for operating a non-motorized vessel with a deadweight tonnage of 15 tonnes or a capacity of 12 passengers, a motorized vessel with total main engine capacity of 15 horse powers or with a capacity of 12 passengers in case of commission of one of the following violations:

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b) Weaving the vessels that causes danger in inland waterway navigation;

c) Operating the vessels in a manner that cause big waves damaging navigation and irrigation works;

d) Operating vessels over the speed limit.

4. Saction of administrative violations for violations specified in Clause 3 of this Article shall be imposed on each type of vessel, as follows:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of between over 15 tonnes and under 250 tonnes or a capacity of between over 12 passengers and under 50 passengers, motorized vessel with total main engine capacity of between over 15 horse powers and 135 horse powers or with a capacity of between over 12 passengers and 50 passengers;

b) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000 tonnes or a capacity of between 50 passengers and 150 passengers; a motorized vessel with total main engine capacity of between over 135 horse powers and 750 horse powers or with a capacity of between over 50 passengers and 150 passengers; a dredging vessel with a capacity of 500m³/h or a crane vessel having lifting equipment with a lifting capacity of 50 tonnes and tow convoy with a deadweight tonnage of 1500 tonnes;

c) A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of over 1.000 tonnes or a capacity of over 150 passengers; a motorized vessel with total main engine capacity of over 750 horse powers or with a capacity of over 150 passengers; a dredging vessel with a capacity of 500m³/h or a crane vessel having lifting equipment with a lifting capacity of 50 tonnes and tow convoy with a deadweight tonnage of 1500 tonnes.

5. A fine ranging from VND 50.000.000 to VND 60.000.000 shall be imposed for participating in illegal racing on inland waterways.

6. A fine ranging from VND 60.000.000 to VND 75.000.000 shall be imposed for the commission of one of the following violations:

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b) Operating vessels without compliance with instructions of inland waterway signals or instructions of navigation regulators that causes accidents or congestion;

7. Additional penalties:

a) Suspend certificates of competency or professional certificates from 03 to 06 months for the violations specified in point b Clauses 3 and 4 this Article.

b) Suspend certificates of competency or professional certificates from 06 to 12 months for the violations specified in Clauses 5 of this Article.

c) Suspend certificates of competency or professional certificates from 12 to 18 months for the violations specified in point b Clauses 6 of this Article.

Article 26. Violations against regulations on sound signals, light signals, signals and signal flags (hereinafter referred to as “signals”) of vessels

A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed for the commission of one of the following violations, applicable to a non-motorized vessel with a deadweight tonnage of under 50 tonnes; a motorized vessel with total main engine capacity of under 5 horse powers or rafts

a) Failing to adequately and properly arrange each signal on a vessel according to regulations

b) Failing to arrange each signal on a vessel in accordance with regulations.

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2. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for the commission of one of violations specified in Clause 1 of this Article, applicable to a non-motorized vessel with a deadweight tonnage of 50 tonnes or above, a motorized vessel with total main engine capacity of between 5 horse powers and under 50 horse powers.

3. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed upon a motorized vessel with total main engine capacity of 50 horse powers or above, or with a speed of over 30km/h; a motorized passenger vessel; a pilot vessel, a vessel engaged in operations on channels; a fishing vessel; a dangerous cargo vessel; a vessel with diseased people or animals, tow convoy or a vessel aground on channels

Section 5. VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT AND OPERATION OF INLAND WATERWAY PORTS, LANDING STAGES AND ANCHORAGES

Article 27. VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT AND OPERATION OF INLAND WATERWAY PORTS, LANDING STAGES AND ANCHORAGES

1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed upon an owner of an anchorage or a manager for operation of an anchorage who commits any of the following violations:

a) Failing to ensure the safety conditions of one of the anti-collision buffer devices, gangways, mooring poles or buoys and night lights according to regulations;

b) Failing to adequately equip anti-collision buffer devices, gangways, mooring poles, buoys or night lights;

c) Failing to adequately equip prevention and fighting equipment in accordance with regulations;

2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon an owner of an anchorage or a manager for operation of an anchorage who commits any of the following violations:

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b) Operating outside the scope of water areas according to regulations; c) Failing to operate with true purposes in accordance with regulations of Decision on declaration of operation.

3. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed upon an owner of an anchorage or a manager for operation of an anchorage who commits any of the following violations:

a) Failing to re-declare activities in cases where it is required by law to re-declare;

b) Failing to demolish works, equipment, signals and clear obstacles when the decision on closure of anchorages is promulgated. 

c) Using equipment for cargo loading and uploading without registration, registry or assurance about the safety standards for technical systems and equipment according to regulations.

4. A fine ranging from 30.000.000 VND to 40.000.000 VND shall be imposed for failure to have a written agreement of the inland waterway navigation competent authority before establishment of anchorages5. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for operation of anchorages at the time on which it is suspended or expired.

6. Remedial measures:

Enforced demolition of works, equipment, signals or clearance of obstacles in case of commission of the violations in Point b Clause 3 of this Decree.".

Article 28. Violations against regulations on management and operation of landing stages.

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a) Failing to have the internal rules board or put up the internal rules board in accordance with regulations;

b) Failing to have the board showing ticket prices or have the board showing ticket prices in passenger landing stages in accordance with regulations;

c) Failing to ensure the safety conditions of one of the anti-collision buffer devices, gangways, mooring poles, buoys or night lights according to regulations;

d) Failing to adequately equip anti-collision buffer devices, gangways, mooring poles, buoys, night lights; have waiting areas for passengers in accordance with regulations;

dd) Failing to issue, declare or properly implement the process of cargo loading and uploading according to regulations

e) Failing to adequately equip fire prevention and fighting equipment in accordance with regulations;

2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed upon an owner of a landing stage or a manager for operation of a landing stage who commits any of the following violations:

a) Failing to provide transport in order to connect and support the disabled and the elderly at the passenger landing stages according to regulations;

b) Operating outside the scope of water areas according to regulations;

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d) Allowing the vessels to load or unload goods; embark and disembark passengers without permission of the competent authority according to regulations

dd) Failing to provide services in accordance with the list price or within the price range according to regulations;

e) Assigning people who do not have professional certificates or certificates of operation of vessels and equipment to operate equipment for loading and unloading according to regulations;

3. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon an owner of a landing stage or a manager for operation of a landing stage who commits any of the following violations:

a) Failing to re-declare activities in cases when it is required by law to re-declare;

b) Failing to demolish works, equipment, signals and clear obstacles after having the decision on closure of landing stages.

c) Using equipment for cargo loading and uploading without registration, registry or assurance about the safety standards for technical systems and equipment according to regulations.

4. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed upon an owner of a landing stage or a manager for operation of a landing stage who changes the structure, size and use of the works against regulations of the decision on declaration or operating license without permission;

5. A fine ranging from 20.000.000 VND to 30.000.000 VND shall be imposed for failure to have a written agreement of the inland waterway navigation competent authority before construction or renovation of the landing stage

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7. Remedial measures:

Enforced demolition of works, equipment, signals or clearance of obstacles in case of commission of the violations in Point b Clause 3 of this Decree.".

Article 29. Violations against regulations on operation of inland waterway ports.

1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed upon an owner of an inland waterway port or a manager for operation of an inland waterway port who commits any of the following violations:

a) Failing to have the board showing internal rules of operation or put up the board showing internal rules of operation according to regulations;

b) Failing to have the board showing ticket prices or have the board showing ticket prices in passenger ports in accordance with regulations;

c) Failing to ensure the safety conditions of one of the anti-collision buffer devices, gangways, mooring poles, buoys or night lights according to regulations;

d) Failing to adequately equip anti-collision buffer devices, gangways, mooring poles, buoys, night lights; have waiting areas for passengers in accordance with regulations;

dd) Failing to issue, declare or properly implement the process of cargo loading and uploading according to regulations

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2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon an owner of an inland waterway port or a manager for operation of an inland waterway port who commits any of the following violations:

a) Failing to provide transport in order to connect and support the disabled and the elderly at the passenger ports according to regulations;

b) Operating outside the scope of water areas according to regulations;

c) Failing to operate with true purposes in accordance with regulations of Decision on declaration of operation.

d) Allowing the vessels to load or unload goods; embark and disembark passengers without permission of the competent authority according to regulations

dd) Failing to provide services in accordance with the list price; within the price range.  Providing services with the price that is higher than the maximum price or lower than the minimum price according to regulations;

e) Assigning people who do not have professional certificates or certificates of operation of vessels and equipment to operate equipment for loading and unloading according to regulations;

3. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed upon an owner of an inland waterway port or a manager for operation of an inland waterway port who fails to maintain and inspect the quality of the inland waterway port according to regulations.

4. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed upon an owner of an inland waterway port or a manager for operation of an inland waterway port who commits any of the following violations:

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b) Failing to demolish works, equipment, signals and clear obstacles after having the decision on closure of inland waterway ports."

c) Using equipment for cargo loading and uploading without registration, registry or assurance about the safety standards for technical systems and equipment according to regulations;

d) Changing the structure, size and use of the works against regulations of the decision on declaration of operation without permission;

5. A fine ranging from 30.000.000 VND to 40.000.000 VND shall be imposed for failure to have a written agreement of the inland waterway navigation competent authority before construction or renovation of the inland waterway port

6. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for operation of inland waterway ports at the time on which it is suspended or expired.

7. Sanction of administrative violations shall be imposed on violations against regulations on assurance about the security of the inland waterway port receiving foreign waterway vessels, as follows:

a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for failure to establish procedures for annual certification of statement of compliance security of inland waterway port facility; implement the plan for the security of inland waterway port facility which has been approved; allocate or adequately allocate people who are responsible for the security of inland waterway port facility according to regulations;

b) A fine ranging from VND 10.000.000 to 15.000.000 shall be imposed on failure to have statement of compliance security of inland waterway port facility or use of statement of compliance security of inland waterway port facility which has expired.

8. Remedial measures:

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Article 30. Violations against regulations on embarkation and disembarkation of passengers; loading and uploading cargo of a manager for operation of ports, landing stages and anchorages.

1. Sanction of administrative violations shall be imposed on managers of operation of ports, landing stages and anchorages who let vessels commit violations against regulations on embarkation and disembarkation of passengers; cargo loading and uploading at inland waterway ports and landing stages, as follows:.

a) A fine ranging from 200.000 VND to 500.000 VND shall be imposed for each passenger being allowed to enter the vessel after it has been filled to capacity;

b) A fine ranging from 300.000 VND to 500.000 VND shall be imposed for loading each motorbike  into the vessel after it has been filled to capacity according to regulations;

c) A fine ranging from 2.000.000 VND to 3.000.000 VND shall be imposed for loading each car into the vessel after it has been filled to capacity according to regulations;

d) A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for loading cargoes into each vessel that makes the vessel submerge more deeply than its load line according to regulations;

dd) A fine ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for loading cars into each vessel that is not allowed to transport cars;

2. Sanction of administrative violations shall be imposed for cars that transport cargoes in excess of prescribed tonnage being allowed to leave inland waterways ports, landing stages, as follows:

a) A fine ranging from 1.000.000 VND to 3.000.000 VND shall be imposed for each car (including trailers and semi-trailers) that carries cargo beyond the maximum permissible payload written in the Certificate of technical and environmental safety by exceeding 10% to 30% (for vehicles other than tanker trucks) or by exceeding 20% to 30% (for tanker trucks) being allowed to leave inland waterway port or landing stage;

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c) A fine ranging from 5.000.000 VND to 7.000.000 VND shall be imposed for each car (including trailers and semi-trailers) that carries cargo beyond the maximum permissible payload written in the Certificate of technical and environmental safety by exceeding 50% to 100% being allowed to leave inland waterway port or landing stage;

d) A fine ranging from 7.000.000 VND to 8.000.000 VND shall be imposed for each car (including trailers and semi-trailers) that carries cargo beyond the maximum permissible payload written in the Certificate of technical and environmental safety by exceeding 100% to 150% being allowed to leave inland waterway port or landing stage;

dd) A fine ranging from 8.000.000 VND to 12.000.000 VND shall be imposed for each car (including trailers and semi-trailers) that carries cargo beyond the maximum permissible payload written in the Certificate of technical and environmental safety by exceeding 150% being allowed to leave inland waterway port or landing stage.

3. A fine ranging from 20.000.000 VND to 35.000.000 VND shall be imposed for anchoring vessels for loading and unloading cargos, embarking and disembarking passengers at the places without declaration or permission to operate inland waterway port, landing stage or anchorage according to regulations.

4. Remedial measures:

Enforced disembarkation of excess passengers, motorbikes, cars and goods or disembarkation of passengers, motorbikes, cars and goods that are not allowed to transport in case of commission of violations specified in Clause 1 of this Article.

Article 31. Violations against regulations on operation of vessels, seaplanes within the scope of ports, landing stages or anchorages

1. A fine ranging from 500.000 VND to 1.000.000 VND shall be imposed for failure to allow people of other vessels to get on their vessels.

2. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for the commission of one of the following violations against regulations on inland waterway ports, landing stages or anchorages.

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a) A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of 15 tonnes or a capacity of 12 passengers, a motorized vessel with total main engine capacity of 15 horse powers or with a capacity of 12 passengers;

b) A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of between over 15 tonnes and under 250 tonnes or a capacity of between over 12 passengers and under 50 passengers, a motorized vessel with total main engine capacity of between over 15 horse powers and 135 horse powers or with a capacity of between over 12 passengers and 50 passengers:

c) A fine ranging from VND 2.000.000 to VND 4.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000 tonnes or a capacity of between 50 passengers and 150 passengers; a motorized vessel with total main engine capacity of between over 135 horse powers and 750 horse powers or with a capacity of between over 50 passengers and 150 passengers; a dredging vessel with a capacity of 500m³/h or a crane vessel having lifting equipment with a lifting capacity of 50 tonnes

d) A fine ranging from VND 4.000.000 to VND 6.000.000 shall be imposed for a non-motorized vessels with a deadweight tonnage of over 1.000 tonnes or a capacity of over 150 passengers; a motorized vehicles with total main engine capacity of over 750 horse powers or with a capacity of over 150 passengers; a dredging vessel with a capacity of 500m³/h or a crane vessel having lifting equipment with a lifting capacity of 50 tonnes.

4. Sanction of administrative violations shall be imposed on removing vessels without permission or anchoring vessels at wrong places according to regulations within the scope of water areas of inland waterway ports, landing stages or anchorages, as follows:

a) A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of 15 tonnes or a capacity of 12 passengers, a motorized vessel with total main engine capacity of 15 horse powers or with a capacity of 12 passengers;

b) A fine ranging from VND 2.000.000 to VND 3.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of between over 15 tonnes and under 250 tonnes or a capacity of between over 12 passengers and under 50 passengers, a motorized vessel with total main engine capacity of between over 15 horse powers and 135 horse powers or with a capacity of between over 12 passengers and 50 passengers;

c) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000 tonnes or a capacity of between 50 passengers and 150 passengers; a motorized vessel with total main engine capacity of between over 135 horse powers and 750 horse powers or with a capacity of between over 50 passengers and 150 passengers; a dredging vessel with a capacity of 500m³/h or a crane vessel having lifting equipment with a lifting capacity of 50 tonnes;

d) A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of over 1.000 tonnes or a capacity of over 150 passengers; a motorized vessel with total main engine capacity of over 750 horse powers or with a capacity of over 150 passengers; a dredging vessel with a capacity of 500m³/h or a crane vessel having lifting equipment with a lifting capacity of 50 tonnes.

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a) A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed for failure to notify or notify by the deadline before putting a seaplane into an inland waterway port, a landing stage or an anchorage;

b) A fine of from VND 2.000.000 to VND 4.000.000 shall be imposed for removing a seaplane without permission or anchoring a seaplane at a wrong place according to regulations within the scope of a water area of inland waterway port, landing stage or anchorage;

c) A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for failure to have a permit for entering or leaving ports, landing stages or anchorages

6. Sanction of administrative violations shall be imposed on failure to have permits for entering or leaving inland waterway ports, landing stages or anchorages or have dispatch order according to regulations, as follows:

a) A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of 15 tonnes or a capacity of 12 passengers, a motorized vessel with total main engine capacity of 15 horse powers or with a capacity of 12 passengers;

b) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of between over 15 tonnes and under 250 tonnes or a capacity of between over 12 passengers and under 50 passengers, a motorized vessel with total main engine capacity of between over 15 horse powers and 135 horse powers or with a capacity of between over 12 passengers and 50 passengers;

c) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000 tonnes or a capacity of between 50 passengers and 150 passengers; a motorized vessel with total main engine capacity of between over 135 horse powers and 750 horse powers or with a capacity of between over 50 passengers and 150 passengers; a dredging vessel with a capacity of 500m³/h or a crane vessel having lifting equipment with a lifting capacity of 50 tonnes;

d) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of over 1.000 tonnes or a capacity of over 150 passengers; a motorized vessel with total main engine capacity of over 750 horse powers or with a capacity of over 150 passengers; a dredging vessel with a capacity of 500m³/h or a crane vessel having lifting equipment with a lifting capacity of 50 tonnes.

Section 6. VIOLATIONS AGAINST REGULATIONS ON INLAND WATERWAY TRANSPORT    

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1. A fine ranging from 500.000 VND to 1.000.000 VND shall be imposed for every excess passenger carried beyond the permissible limits of passenger vessels, accommodation vessels,  floating restaurants or floating hotels

2. A fine of from VND 1.000.000 to VND 2.000.000 shall be imposed for an operator of a vessel with capacity of 12 passengers in case of commission of one of the following violations:

a) Failing to arrange seats for passengers; letting passengers to stand on the vessels or having other acts causing unsafe vessels;

b) Loading passengers, cargoes, luggage, bicycles, motorbikes and other vehicles into a vessel that tilts the vessel or obscures the vision of the operator; loading cargoes and luggage on the gangway of passengers;

c) Failing to disseminate the rules and give instructions on the use of life-saving equipment and tools, exit devices or fire-fighting equipment to passengers on the vessel;

d) Carrying small animals without cages or kennels; carrying large animals together with passengers on the vessel;

dd) Carrying toxic, flammable, explosive goods and/or diseased animals together with passengers on the vessel;

e) Failing to have the list of passengers on each voyage or have the list of passengers in accordance with regulations, except for cross-river passenger transport

3. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for failure to run according to the right routes, except for passenger transportation by contracts, abandoning the turns registered, transferring passengers to another vessels without the consent of the passengers, applicable to a vessel with a capacity of 12 passengers.

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a) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for a vessel with capacity of between 12 passengers and 50 passengers:

b) A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for a vessel with capacity of between 50 passengers and 150 passengers:

c) A fine ranging from VND 7.000.000 to VND 10.000.000 shall be imposed for a vessel with capacity of 150 passengers:

5. A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for passenger, luggage or consigned baggage transport business by a vessel on fixed routes in case of commission of one of the following violations:

a) Failing to provide information about the quality of passenger, luggage or consigned baggage transport services on the website of a service provider or at a port, landing stage or ticket counter for passengers so that they can know the services before voyages;

b) Failing to have an information board at a port, landing stage or ticket counter by both Vietnamese and English about departure time, number of voyages, ticket prices, policies on reduction of ticket prices of people dealing in transport according to regulations of the law (including rest areas and break time), services serving passengers on the journey, passenger insurance, baggage allowance and phone numbers in order to receive feedbacks from passengers;

c) Failing to have an information board by both Vietnamese and English about the hotline of an organization, individual, management authority, search and rescue unit and rules of a vessel.

d) Failing to have an instruction board on the use of fire-fighting equipment, life-saving tools and exit devices;

dd) Committing violations against regulations on management, storage and provision of compulsory information to the competent authorities when it is required according to regulations;

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g) Failing to annually organize the drills of rescue from collision, breakdown of machine, fire or explosion according to regulations;

h) Failing to give passenger tickets, receipts of luggage transport charges, consigned baggage to persons who have fully paid transport charges;

6. A fine ranging from 60.000.000 VND to 75.000.000 VND shall be imposed for failure to establish the enterprises or the cooperatives in case of passenger transport business according to fixed routes, passenger transport business under the contracts, passenger transport business for the purpose of travel according to regulations.

7. Additional penalties:

a) Suspend certificates of competency or professional certificates from 02 to 04 months in case of carrying over 30% to 50% of persons permitted to carry according to regulations of Clause 1 of this Article;

b) Suspend a certificate of competency of master or a professional certificate of an operator from 06 to 12 months if the captain or operator carries over 50% of persons permitted to carry according to regulations of Clause 1 of this Article

Article 33. Violations against regulations on responsibility for purchasing civil liability insurance in transportation activities

1. Sanction of administrative violations shall be imposed on failure to buy civil liability insurance between the owner and the third parties:

a) A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of between over 15 tonnes and under 250 tonnes, motorized vessel with total main engine capacity of between over 15 horse powers and 135 horse powers;

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c) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of over 1.000 tonnes, a motorized vessel with total main engine capacity of between over 750 horse powers;

2. Sanction of administrative violations shall be imposed on failure to buy civil liability insurance between the owner and passengers, between the owner and third parties:

a) A fine of from VND 1.000.000 to VND 2.000.000 shall be imposed for a vessel with a capacity of 12 passengers;

b) A fine ranging from VND 2.000.000 to VND 4.000.000 shall be imposed for a vessel with capacity of between 12 passengers and 50 passengers:

c) A fine ranging from VND 4.000.000 to VND 6.000.000 shall be imposed for a vessel with capacity of between 50 passengers and 150 passengers:

d) A fine ranging from VND 6.000.000 to VND 8.000.000 shall be imposed for a vessel with capacity of over 150 passengers;

Article 34. Violations against regulations on traffic safety of persons, passengers on the vessels.

1. A fine ranging from 300.000 VND to 500.000 VND shall be imposed for failure to observe safety internal rules on the vessels or abide by the guidance of the crewmembers, the operators, except for cases specified in Clause 3 of this Article.

2. A fine of from VND 500.000 to VND 1.000.000 shall be imposed for commission of one of the following violations:

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b) Causing disorder, unsafe on vehicles.

3. A fine ranging from VND 1.000.000 to VND 2.000.000 shall be imposed for failure to wear life jacket or equip personal flotation device in case of participation in traffic on a non-motorized vessel with a deadweight tonnage of 15 tonnes or a capacity of 12 passengers, a motorized vessel with total main engine capacity of 15 horse powers or with a capacity of 12 passengers or a vessel engaged in cross-river passenger transport.

Article 35. Violations against regulations on loading and unloading of goods on vessels

1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for a crewmembers or an operator operating a non-motorized vessel with a deadweight tonnage of 15 tonnes, a motorized vessel with total main engine capacity of 15 horse powers in case of commission of the following violations:

a) Loading and unloading goods making vehicles tilted;

b) Arranging goods making visibility of the drivers of the vehicles be obstructed or the operation of steering systems, anchors and other safety equipment interfered;

c) Arranging goods exceeding the size of width; incline of the means.

2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for commission of one of violations specified in Clause 1 of this Article, applicable to a non-motorized vessel with a deadweight tonnage of between  over 15 tonnes and under 250 tonnes or a capacity of between over 12 passengers and under 50 passengers, a motorized vessel with total main engine capacity of between over 15 horse powers and under 135 horse powers or with a capacity of between over 12 passengers and under 50 passengers

3. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for commission of one violations specified in Clause 1 of this Article, applicable to a non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000 tonnes or a capacity of between 50 passengers and 150 passengers, a motorized vessel with total main engine capacity of between over 135 horse powers and 750 horse powers or with a capacity of between over 50 passengers and 150 passengers.

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5. Sanction of administrative violations shall be imposed for violations against regulations on uploading, loading or transporting motorbikes, cars on the vessels, as follows:

a) A fine ranging from 300.000 VND to 500.000 VND shall be imposed per motorbike carried in excess of those permitted to carry for vessels carrying motorbikes

b) A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed per car carried in excess of those permitted to carry for vessels carrying cars; per car that is not allowed to carry for vessels carrying cars according to regulations.

6. Sanction of administrative violations shall be imposed for anchoring vessels for loading and unloading cargos, embarking and disembarking passengers at the places without declaration or permission to operate, as follows:

a) A fine of from VND 1.000.000 to VND 3.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of 15 tonnes or a capacity of 12 passengers, a motorized vessel with total main engine capacity of 15 horse powers or with a capacity of 12 passengers;

b) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of between over 15 tonnes and under 250 tonnes or a capacity of between over 12 passengers and under 50 passengers, a motorized vessel with total main engine capacity of between over 15 horse powers and 135 horse powers or with a capacity of between over 12 passengers and 50 passengers;

c) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000 tonnes or a capacity of between 50 passengers and 150 passengers; a motorized vessel with total main engine capacity of between over 135 horse powers and 750 horse powers or with a capacity of between over 50 passengers and 150 passengers; a dredging vessel with a capacity of 500m³/h or a crane vessel having lifting equipment with a lifting capacity of 50 tonnes;

d) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of over 1.000 tonnes or a capacity of over 150 passengers; a motorized vessel with total main engine capacity of over 750 horse powers or with a capacity of over 150 passengers; a dredging vessel with a capacity of 500m³/h or a crane vessel having lifting equipment with a lifting capacity of 50 tonnes.

7. Additional penalties:

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8. Remedial measures:

a) Forced to rearrange goods as prescribed for violations prescribed in Clauses 1,2,3 and 4 of this Article;

b) Forced to disembark excess motorbikes, cars from vessels in case of commission of violations specified in Clause 5 of this Article.

Article 36. Violations against regulations on dangerous goods transportation

1. A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for commission of one of the following violations:

a) The crewmembers or operator of a vessel carrying dangerous cargoes not having a special professional certificate

b) Failing to comply with regulations on transport of dangerous cargoes written in the transportation permit

c) Failing to equip with facilities and equipment to prevent and fight fire, explosion, toxic

d) Failing to have dangerous goods symbols or danger signs;

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e) Failing to wash, clean vessels after transportation of dangerous goods in accordance with regulations.

2. A fine ranging from 25.000.000 VND to 35.000.000 VND shall be imposed for failure to have permits for transport of dangerous goods of the competent agencies or plans for response to oil pollution, chemical pollution from vessels approved by the competent agencies according to regulations in case of transport of petrol, oil or toxic liquid.

3. Additional penalties:

Suspend certificates of competency or professional certificates from 03 to 06 months for the violations specified in point c Clauses 1 and 2 this Article.

Article 37. Violations against regulations on transport across borders or transport of super-length, super-weight goods

1. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for transporting cargoes, passengers across a border without a cross border transport permit of the competent state agency

2. A fine ranging from 5.000.000 VND to 10.000.000 VND shall be imposed for failure to transport super-length, super-weight goods according to the plan to ensure safety approved by the competent state agency.

3. A fine ranging from 10.000.000 VND to 15.000.000 VND shall be imposed for failure to transport super-length, super-weight goods without the plan to ensure safety approved by the competent state agency.

4. Additional penalties:

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Article 38. Violations against regulations on carrying beyond the load lines of vessels

1. A fine ranging from 500.000 VND to 1.000.000 VND shall be imposed for transporting goods over the load lines to one fifth of the freeboard height of each vessel, except for cases specified in Clause 5 Article 35 of this Decree.

2. Sanction of administrative violation shall be imposed for transporting goods over the load line of each vessel from one fifth to one second of the freeboard height of each vessel except for cases specified in Clause 5 Article 35 of this Decree, as follows:

a) A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of 15 tonnes or a capacity of 12 passengers, a motorized vessel with total main engine capacity of 15 horse powers or with a capacity of 12 passengers;

b) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of between over 15 tonnes and under 250 tonnes or a capacity of between over 12 passengers and under 50 passengers, a motorized vessel with total main engine capacity of between over 15 horse powers and 135 horse powers or with a capacity of between over 12 passengers and 50 passengers;

c) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000 tonnes or a capacity of between 50 passengers and 150 passengers; a motorized vessel with total main engine capacity of between over 135 horse powers and 750 horse powers or with a capacity of between over 50 passengers and 150 passengers; a dredging vessel with a capacity of 500m³/h; a crane vessel having  lifting equipment with a lifting capacity of 50 tonnes or tow convoy with a deadweight tonnage of 1500 tonnes;

d) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of over 1.000 tonnes or a capacity of over 150 passengers; a motorized vessel with total main engine capacity of over 750 horse powers or with a capacity of over 150 passengers; a dredging vessel with a capacity of 500m³/h; a crane vessel having lifting equipment with a lifting capacity of 50 tonnes or tow convoy with a deadweight tonnage of 1500 tonnes.

3. Sanction of administrative violation shall be imposed for carrying cargoes over the load line more than one second of freeboard height of each vessel, except for cases specified in Clause 5 Article 35 of this Decree, as follows:

a) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of 15 tonnes or a capacity of 12 passengers, a motorized vessel with total main engine capacity of 15 horse powers or with a capacity of 12 passengers;

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c) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000 tonnes or a capacity of between 50 passengers and 150 passengers; a motorized vessel with total main engine capacity of between over 135 horse powers and 750 horse powers or with a capacity of between over 50 passengers and 150 passengers; a dredging vessel with a capacity of 500m³/h; a crane vessel having lifting equipment with a lifting capacity of 50 tonnes or tow convoy with a deadweight tonnage of 1500 tonnes;

d) A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of over 1.000 tonnes or a capacity of over 150 passengers; a motorized vessel with total main engine capacity of over 750 horse powers or with a capacity of over 150 passengers; a dredging vessel with a capacity of 500m³/h; a crane vessel having lifting equipment with a lifting capacity of 50 tonnes or tow convoy with a deadweight tonnage of 1500 tonnes.

4. Additional penalties:

a) Suspend certificates of competency or professional certificates from 03 to 06 months in case of commission of violations specified in Clauses 2 of this Article;

b) Suspend certificates of competency or professional certificates from 06 to 12 months in case of commission of violations specified in Clauses 3 of this Article.

5. Remedial measures:

Enforced disembarkation of goods over the load lines from the vessels that commit violations specified in Clause 1,2 and 3 of this Article.

SECTION 7. VIOLATION AGAINST REGULATIONS ON PILOTAGE, INSPECTION OR EXAMINATION IN INLAND WATERWAY NAVIGATION

Article 39. Violations against regulations on pilotage of vessels

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2. A fine of from VND 2.000.000 to VND 5.000.000 shall be imposed for commission of one of the following violations:

a) Failing to use pilots according to regulations in case of use of pilotage that is compulsory

b) Failing to report or incorrectly reporting on features and characteristics of the vessels to the pilots;

c) Failing to ensure working conditions for pilots during the time they are on board; have pilot ladders; have pilot ladders that ensure safety according to regulations; arrange the pilot ladders at the suitable places; have measures for assurance about the safety of pilots when they get on or get off vessels

d) Suspending or requesting for replacement of pilots without reasonable reasons;

dd) Embarking or disembarking pilots at the unsuitable places according to regulations

Article 40. Violations against regulations on the pilotage and guidance of stream on inland waterways

1. A fine of from VND 3.000.000 to VND 5.000.000 shall be imposed for commission of one of the following violations:

a) Pilots guide foreign vessels, seagoing ships subject to compulsory pilotage regime without pilotage professional certificates or certificates of pilotage capabilities;

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c) Pilots guide foreign vessels, seagoing ships into the dock not complying with the correct position assigned by inland waterway port authority;

d) Pilots fail to notify the changes of streams for inland waterway port authority;

dd) Pilots arbitrarily leave foreign vessels, seagoing ships without permission of the captains;

e) Refusing to lead foreign seagoing ships, vessels without reasonable reasons; failing to promptly notify inland waterway port authority or the pilotage organization of the refusal to lead vessels;

g) Failing to wear marine pilot uniform as prescribed when leading foreign vessels and seagoing ships.

2. A fine of from VND 7.000.000 to VND 10.000.000 shall be imposed for the commission of one of the following violations:

a) Leading foreign vessels, seagoing ships on the stream, inland waterway waters without operation licenses of pilots in that area;

b) Forcing crewmembers, vessel operators to hire the guidance of stream in the areas where are not under compulsory pilotage regime.

c) Leading foreign vessels, seagoing ships not complying with the inland waterway stream that has been declared without permission;

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dd) Pilots have BAC that exceeds 50 mg per 100 ml of blood or BrAC that exceeds 0.25 mg per liter of breath when they are leading vessels. 

Article 41. Violations against regulations in case of inspection, examination

1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for failure to make reports, declaration; make reports, declaration in a correct manner by the deadline according to requests of on-duty persons or the competent state authorities.

2. A fine of from VND 10.000.000 to VND 15.000.000 shall be imposed for commission of one of the following violations:

a) Failing to comply with the requirements for inspection and control of the competent persons;

b) Intentionally failing to stop vehicles for inspection and control according to the order of competent persons;

c) Failing to present or attempting to delay, prolong the presentation of papers of vessels, crewmembers, operators of vessels or goods upon request for inspection from the competent persons;

d) Failing to take or attempting to delay, prolong time to take vessels to the place where violation is handled as required by the competent persons;

dd) Having words or acts that threaten, abuse, slander, insult the honor and dignity of competent persons;

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g) Arbitrarily removing seals of illegal documents, exhibits, means, warehouses, equipment which are being sealed; temporarily seizing or dispersing and hiding illegal documents, exhibits; arbitrarily changing the scenes of administrative violations against regulations on inland waterway navigation.

3. A fine of from VND 15.000.000 to VND 20.000.000 shall be imposed for commission of one of the following violations:

a) Failing to properly and fully implement contents and requirements in the conclusion of inspection, examination in inland waterway navigation of the competent authority according to regulations;

b) Using force or threatening to use force against the competent persons;

c) Causing damage to property and/or vessels by the state agencies or the competent persons;

d) Giving money, property or other material benefits to the competent persons in order to avoid the handling of administrative violations.

Chapter III

POWER TO IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS AND REMEDIAL MEASURES IN INLAND WATERWAY NAVIGATION

Article 42. Determination of power to impose administrative penalties

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2. People's Public Security forces shall have power to impose administrative penalties for the violations specified in Points, Clauses, Articles of this Decree within their functions, powers and tasks that are assigned, as follows:

a) Article 5; Article 6; Article 7; Article 8; Article 10; Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18;

b) Clauses 1, 3 and 4 Article 19;

c) Article 20; Article 21; Article 22; Clause 1 Article 23; Article 24; Article 25; Article 26;

d) Point c, Clause 1, Article 27; Point e, Clause 1, Article 28; Point e Clause 1 and Clause 7 Article 29; Clause 1, Clause 2 and Clause 3 Article 30;

dd) Article 32; Article 33; Article 34; Article 35; Article 36; Article 37; Article 38; Article 39; Article 40; Article 41.

3. The inspectorate of the Ministry of Transport and agencies that are assigned to perform the function of specialized inspection of the Vietnam Inland Waterway Administration, within their functions, powers and tasks that are assigned shall have the power to impose administrative penalties for violations specified in Article 5 to Article 41 of Chapter II of this Decree.

4. The inspectorate of the Department of Transport, within their functions, powers and tasks that are assigned shall have the power to impose administrative penalties for violations specified in Points, Clauses, Articles of this Decree, as follows:

a) Article 5; Article 6; Clause 1, Clause 2 Article 7; Article 8; Article 9; Article 10; Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6 and Clause 7 Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Clause 1, Clause 2 and Clause 3 Article 19; Article 20; Article 21; Article 22; Clause 1, Clause 2 and Clause 3 Article 23; Clause 1, Clause 2, Clause 3 and Clause 4 Article 24; Clause 1, Clause 2, Clause 3, Clause 4 Article 25; Article 26;

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c) Article 31; Clause 1, Clause 2, Clause 3, Clause 4 and Clause 5 Article 32; Article 33; Article 34; Article 35; Article 36; Article 37; Article 38; Article 39; Article 40; Article 41.

5. The agencies assigned to perform the function of specialized inspection of the Sub-Department of Inland Waterways, within their functions, powers and tasks that are assigned shall have the power to impose administrative penalties for violations specified in Points, Clauses, Articles of this Decree, as follows:

a) Article 5; Article 6; Article 7; Article 8; Article 9; Article 10; Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6 and Clause 7 Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Article 20; Article 21; Article 22; Clause 1, Clause 2 and Clause 3 Article 23; Clause 1, Clause 2, Clause 3 and Clause 4 Article 24; Clause 1, Clause 2, Clause 3, Clause 4 Article 25, Article 26;

b) Clause 1, Clause 2, Clause 3, Clause 4 and Clause 5 Article 32; Article 33; Article 34; Article 35; Article 36; Article 37; Article 38; Article 39; Article 40 and Article 41.

6. The inland waterway port authority shall have the power to impose administrative penalties for violations specified in Chapter II of this Decree and violations of sea-going vessels or fishing vessels specified in Clause 6 Article 2 of this Decree which occur at ports, landing stages, anchorages under their management:

7. The Maritime Administration shall have the power to impose administrative penalties for violations against regulations on management or operation of ports, landing stages; vessels, crewmembers, operators; uploading and loading of cargoes, embarkation and disembarkation of passengers specified in this Decree which occur at ports, landing stages under their management within water areas of deep-water ports

8. The border guard forces shall have power to impose administrative penalties for the violations specified in Points, Clauses, Articles of this Decree within their functions, powers and tasks that are assigned, as follows:

a) Article 5; Article 8; Article 10; Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Clause 3 Article 19; Article 20; Article 21; Article 22; Clause 1 Article 23; Article 24; Article 25; Article 26;

b) Clauses 3, Article 30; Clause 1 Article 31;

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9. The Coast Guard forces shall have power to impose administrative penalties for the violations specified in Points, Clauses, Articles of this Decree within their functions, powers and tasks that are assigned, as follows:

a) Article 5; Article 8; Article 10; Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 20; Article 21; Article 22; Article 24; Article 25; Article 26;

b) Clause 1 Article 31;

c) Article 32; Article 33; Article 34; Article 35; Article 36; Article 37; Article 38; Article 39; Article 40 and Article 41.

10. In case of administrative violations which occur at inland waterway ports, landing stages that are not subject to management of the inland waterway port authority, the Maritime Administration, the power to impose administrative penalties shall be under management of the traffic inspection forces, the agencies that are assigned to perform the function of specialized inspection of inland waterways or people’s public security.

Article 43. Power to record administrative violations

1. The following persons have the power to record administrative violations against regulations on inland waterway navigation:

a) The person who have the power to impose administrative violations against regulations on inland waterway navigation;

b) The officials and public employees of the state inspection agencies, agencies assigned to perform the function of specialized inspection or on-duty persons of People's Army and People's Police Security;

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2. In case of detection of any administrative violation against regulations on inland waterway navigation, the competent persons who have the power to record administrative violation specified in Clause 1 of this Article shall compel the violators to terminate the administrative violations and promptly record administrative violations.

Article 44. Power to impose penalties of Chairpersons of the People’s Committees at all levels:

1. Chairpersons of communal-level People’s Committees shall have the power to:

a) Issue warnings;

b) Impose fines of up to VND 5.000.000;

c) Confiscate material evidences and/or means used for administrative violations valued at VND 10.000.000;

c) Enforce remedial measures mentioned in Point a, Clause 4 Article 4 of this Decree.

2. Chairpersons of district-level People’s Committees shall have the power to:

a) Issue warnings;

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c) Suspend certificates of competency, professional certificates or operation for fixed periods;

d) Confiscate material evidences and/or means used for administrative violations;

dd) Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree

3. Chairpersons of the People’s Committees of provinces shall have the power to:       

a) Issue warnings;

b) Impose fines of up to VND 75.000.000;

c) Suspend certificates of competency, professional certificates or operation for fixed periods;

d) Confiscate material evidences and/or means used for administrative violations;

dd) Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree

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1. On-duty soldiers of people’s police forces shall have the power to:

a) Issue warnings;

b) Impose fines of up to VND 500.000;

2. Heads of Police Stations and Leaders of the soldiers mentioned in Clause 1 of this Article shall have the power to:

a) Issue warnings;

b) Impose fines of up to VND 1.500.000;

3. Commune-level police chiefs, squadron leaders shall have the power to:

a) Issue warnings;

b) Impose fines of up to VND 2.500.000;

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4. Heads of District-level Police Authorities, Managers of Specialized Departments of Traffic Police Department, Fleet Commanders, Managers of Specialized Departments of Vietnam Fire and Rescue Police Department and Heads of Provincial-level Police Departments, including Head of Police Department for Waterway Navigation, Head of Traffic Police Department, Head of Police Department for Investigation into Social Order-related Crimes, Head of Police Department for Administrative Management of Social Order, Head of Police Department for Investigation into Corruption, Economy and Smuggling-related Crimes; Head of Environment Police Department and Head of Vietnam Fire and Rescue Police Department shall have power to:

a) Issue warnings;

b) Impose fines of up to VND 15.000.000;

c) Suspend certificates of competency, professional certificates, operation for fixed periods;

c) Confiscate material evidences and/or means used for administrative violations valued at VND 30.000.000;

dd) Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree

5. Directors of Police of provinces shall have the power to:

a) Issue warnings;

b) Impose fines of up to VND 37.500.000;

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d) Confiscate material evidences and/or means used for administrative violations;

dd) Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree

6. Director of Traffic Police Department, Director of Police Department for Investigation into Social Order-related Crimes, Director of Police Department for Investigation into Corruption, Economy and Smuggling-related Crimes, Director of Police Department for Administrative Management of Social Order, Director of Economic Security Department, Director of Vietnam Fire and Rescue Police Department, Director of Environment Police Department, Director of Immigration Department shall have the power to:

a) Issue warnings;

b) Impose fines of up to VND 75.000.000;

c) Suspend certificates of competency, professional certificates, operation for fixed periods;

d) Confiscate material evidences and/or means used for administrative violations;

dd) Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree

Article 46. Power to impose penalties of the inspectorate of inland waterway navigation and agencies that are assigned to perform the function of specialized inspection of inland waterway navigation

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a) Issue warnings;

b) Impose fines of up to VND 500.000;

c) Confiscate material evidences and/or means used for administrative violations valued at VND 1.000.000;

2. Chief Inspector of the Department of Transport, Head of Inspectorate of the Departments of Transport, Head of Inspectorate of the Vietnam Inland Waterway Administration, Head of Inspectorate of the Vietnam Inland Waterway Administration, Head of Inspectorate of the Inland Waterway Sub-Administration, Director of Inland Waterway Sub-Administration, Head of Inspectorate of the Inland Waterway Port Authority shall have the power to:

a) Issue warnings;

b) Impose fines of up to VND 37.500.000;

c) Suspend certificates of competency, professional certificates, operation for fixed periods;

d) Confiscate material evidences and/or means used for administrative violations valued at VND 75.000.000;

dd) Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree

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a) Issue warnings;

b) Impose fines of up to VND 52.500.000;

c) Suspend certificates of competency, professional certificates, operation for fixed periods;

d) Confiscate material evidences and/or means used for administrative violations valued at VND 105.000.000;

dd) Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree

4. Chief Inspector of the Ministry of Transport; Director of the Vietnam Inland Waterway Administration shall have the power to:

a) Issue warnings;

b) Impose fines of up to VND 75.000.000;

c) Suspend certificates of competency, professional certificates, operation for fixed periods;

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dd) Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree

Article 47. Power to impose penalties of the inland waterway port authority:

1. Head representative of the inland waterway port authority shall have the power to:

a) Issue warnings;

b) Impose fines of up to VND 10.000.000;

c) Confiscate material evidences and/or means used for administrative violations valued at VND 20.000.000;

2. Director of the inland waterway port authority shall have the power to:

a) Issue warnings;

b) Impose fines of up to VND 50.000.000;

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d) Confiscate material evidences and/or means used for administrative violations;

dd) Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree

Article 48. Power to impose penalties of the Maritime Administration:

1. Head representative of the Maritime Administration shall have the power to:

a) Issue warnings;

b) Impose fines of up to VND 10.000.000;

c) Confiscate material evidences and/or means used for administrative violations valued at VND 20.000.000;

2. Director of the Maritime Administration shall have the power to:

a) Issue warnings;

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c) Suspend certificates of competency, professional certificates, operation for fixed periods;

d) Confiscate material evidences and/or means used for administrative violations;

dd) Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree

 “Article 49. Power to impose penalties of Border Guard Forces:

1. On-duty soldiers of border guard forces shall have the power to:

a) Issue warnings;

b) Impose fines of up to VND 500.000;

2. Heads of Border Guard Stations and Leaders of the soldiers mentioned in Clause 1 of this Article shall have the power to:

a) Issue warnings;

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3. Team leaders of Crime and Drug Prevention and Control Task Forces affiliated to Crime and Drug Prevention and Control Brigade shall have the power to:

a) Issue warnings;

b) Impose fines of up to VND 7.500.000;

c) Confiscate material evidences and/or means used for administrative violations valued at VND 15.000.000;

4. Heads of Border-guard posts, Commanders of Border-guard Flotillas and Commanders of Port Border Guards shall have the power to:

a) Issue warnings;

b) Impose fines of up to VND 15.000.000;

c) Confiscate material evidences and/or means used for administrative violations valued at VND 30.000.000;

dd) Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree

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a) Issue warnings;

b) Impose fines of up to VND 37.500.000;

c) Confiscate material evidences and/or means used for administrative violations valued at VND 75.000.000;

dd) Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree

6. Commanders of Provincial-level Border Guard Forces, Commanders of Coastguard Squadrons, Directors of Crime and Drug Prevention and Control Departments of Border Guard High Command shall have the power to:

a) Issue warnings;

b) Impose fines of up to VND 75.000.000;

c) Confiscate material evidences and/or means used for administrative violations;

d) Suspend certificates of competency, professional certificates, operation for fixed periods;

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Article 50. Power to impose penalties of Marine Police

1. Police officers of Marine Police who are on duty shall have the power to:

a) Issue warnings;

b) Impose fines of up to VND 1.500.000;

2. Squad leaders of professional squads of Marine Police shall have the power to:

a) Issue warnings;

b) Impose fines of up to VND 3.750.000;

3. Team leaders of professional teams of Marine Police and Captains of Marine Police Stations shall have the power to:

a) Issue warnings;

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4. Fleet heads of the Marine Police shall have the power to:

a) Issue warnings;

b) Impose fines of up to VND 15.000.000;

c) Confiscate material evidences and/or means used for administrative violations valued at VND 30.000.000;

dd) Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree

5. Marine delegation chiefs of the Marine Police, Commanders of Reconnaissance Brigades, Commanders of Crime and Drug Prevention and Control Brigades affiliated to Vietnam Coast Guard shall have the power to:

a) Issue warnings;

b) Impose fines of up to VND 22.500.000;

c) Confiscate material evidences and/or means used for administrative violations valued at VND 45.000.000;

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6. Commanders of Regional Coast Guards, Directors of Operation and Law Department affiliated to Vietnam Coast Guard shall have the power to:

a) Issue warnings;

b) Impose fines of up to VND 37.500.000;

c) Suspend certificates of competency, professional certificates, operation for fixed periods;

d) Confiscate material evidences and/or means used for administrative violations;

dd) Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree

7. Commanders of Vietnam Coast Guard shall have the power to:

a) Issue warnings;

b) Impose fines of up to VND 75.000.000;

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d) Confiscate material evidences and/or means used for administrative violations;

dd) Enforce remedial measures mentioned in Clause 4 Article 4 of this Decree

Chapter IV

REGULATIONS ON TEMPORARY SEIZURE OF VESSELS AND PAPERS; DETERMINATION OF TONNAGE, CAPACITY OF VESSELS WITHOUT REGISTRATION, REGISTRY AND COMMUNICATION OF ADMINISTRATIVE PENALTIES FOR VIOLATIONS

Article 51. Temporary seizure of vessels, papers, practicing certificates relevant to vessels and operators that commit violations

1. The temporary seizure of evidences, vessels, papers, practicing certificates relevant to vessels and operators that commit violations shall comply with regulations of Article 125 of the Law on handling administrative violations.

2. In case of temporary seizure of papers according to regulations of the Law on handling administrative violations, if the violator fails to settle the case at a competent agency after the arranged date, keeps operating the vehicle and continues to operate the vehicle or allows the vehicle to be operated by another person, that person shall incur the penalties operating a vehicle without papers.

3. In case the fine is only imposed on an individual or organization that commit an administrative violation, the person who is entitle to impose penalties shall have the power to temporarily seize one of the following papers according to the following order until the individual or organization completely abides by the decision on administrative penalties:

a) A certificate of competency of master, a certificate of training in ship operation;

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c) A technical safety and environmental protection certificate of a vessel;

d) A certificate of competency of chief engineer;

dd) Other papers that are relevant to vessels and/or evidences.

4. In case of seizure of a vessel according to regulations of Clause 1 of this Article, the owner, crewmembers or operator shall pay all costs (if any) of the use of alternative vessels in order to transport people, passengers or goods carried on the vessel that is being temporarily seized.

5. The temporary seizure of evidences, means that commit administrative violations, certificates of competency, professional certificates shall comply with regulations of this Decree, the Law on handling administrative violations and other relevant regulations of the Law.

Article 52. Suspension of licenses, certificates of competency or professional certificates

1. The suspension of licenses, certificates of competency or professional certificates shall comply with regulations of the Law on handling administrative violations.

2. In case a person who commits administrative violations is subject to suspension of license, certificate of competency or professional certificate with the remaining effective period of the license/certificate that is shorter than the regulatory suspension period, the suspension period shall be equal to the remaining effective period of the license/certificate.

Article 53. Determination of fine range imposed on a vessel, tow convoy; tonnage of a vessel without registration, registry

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2. Tow convoy specified in Articles 25 and 38 of this Decree: the deadweight tonnage of tow convoy shall include the deadweight tonnage of vessels of tow convoy  In case of commission of other administrative violations, the penalties, fines shall be imposed on each vessel of tow convoy.

In case the tow convoy has more than one vessels whose displacement is greater than the allowable draft, the towed vessel with the greatest displacement between the waterline and the allowable draft shall be applied in the determination of violation

3. In case, the individual or organization commits administrative violation involved in a vessel without registration, register, the administrative penalty shall be imposed according to the deadweight tonnage of the vessel:

T= A x K, in which:

T: deadweight tonnage of a vessel;

A = L x B x D, in which:

L(m): Length of the main deck, a horizontal distance, measured from the farthest point of the bow to the stern;

B (m): Breadth of the deck, a horizontal distance, measured from one side of the deck to the other at the widest position of the body of the ship.

D(m): Depth, a vertical distance, measured from the upper surface of keel to the side of deck at the middle of the length of the main deck;

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If value of A ranges from 4,55 m³ to 18,76 m³, K = 0,26;

If value of A ranges from 18,76 m3 to 49,80 m³, K = 0,29;

If value of A ranges from 49,80 m³ to 387,20 m³, K = 0,35;

If value of A ranges from 387,20 m³ to 1.119,80 m³, K = 0,51;

If value of A is greater than 1,119.8 m³, K = 0,57.;

Article 54. Unit conversion

In case, the certificate of vessel does not contain gross tonnage, it is calculated as follows:

1. A motorized vessel: 1,5 tonnes = 01 GT

2. A non-motorized vessel: 01 tonnes = 01 GT

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4. A passenger ship that does not provide information about engine capacity: 01 seat = 0,67 GT; 01 bed = 04 GT

5. Tow convoy used for pulling, pushing or towing alongside: the gross tonnage shall be equal to the gross tonnage of convoy including barge, tugboat or pusher boat

6. The conversion specified in Clauses 1,2,3,4 and 5 of this Article may apply the method that results in the greatest volume.

7. Conversion of engine capacity:

a)  01kW = 1,36 horse powers

b) Cv, HP or PS shall be converted to Kw and horse power according to formulation specified in Point a of this Clause Conversion:

01 HP = 0,7547 kW;

01 CV = 01 PS = 0, 7355 kw

Article 55. Handling of violations relevant to failure to have or bring papers according to regulations.

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2. When the papers of the vessel, crewmembers or operator are temporarily suspended in order to ensure the implementation of the decision on penalties, if the violator presents the record of administrative violations with the papers that the time limit for handling the violation specified in the record does not expire or presents the decision on penalties with the papers that the time limit for paying fines specified in the decision does not expire, it is considered as the vessel, crewmembers or operator with papers according to regulations.

3. In case of the vessel carrying passengers and cargoes, if the crewmembers or operator commits violations against regulations on classification of certificates of competency or professional certificates, the administrative penalties shall be imposed on passenger vessels according to regulations on undertaking a capacity or the type of professional certificates.

Article 56. Communication of administrative penalties for violations

1. In case of the licenses, certificates of competency or professional certificates which the time limit for temporary suspension is over; the prescriptive period for implementation of decision on penalties has expired but the violators fail to receive without reasonable reasons, within 10 working days from the date of the expiration of the temporary suspension or the expiration of the prescriptive period for implementation of decision on penalties, the competent persons shall transfer the papers to the agencies which have issued in order to withdraw according to regulations of the Law, notify in writing or in other appropriate forms the Departments of Traffic Police and the violators.

2. In case of suspension of licenses, certificates of competency, professional certificates or other practicing certificates, within 5 working days from the date of issuing the decision on penalties, the competent persons shall notify in writing or in another forms the agencies which have issued the papers and the Departments of Traffic Police.

3. The type of the paper which is temporarily suspended or suspended, name, number and code of the paper, registration number, the time of temporary seizure, the time of seizure, full name and address of the person having the paper which is temporarily suspended or suspended and committing administrative violation shall be stated clearly.

Chapter V

IMPLEMENTATION PROVISIONS

Article 57: Entry into force

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2. This Decree replaces the Government's Decree No. 132/2015/ND-CP dated December 25, 2015 on administrative penalties for inland waterway navigation violations

Article 58. Transitional clauses

In case of the administrative violations against regulations on inland waterway navigation that are committed before the effective date of this Decree and discovered afterwards or recorded, the regulations of the Government’s Decree No 132/2015/ND-CP dated December 25, 2015 on administrative penalties for inland waterway navigation violations shall be applied.

Article 59. Implementation

The Ministers, Heads of the Ministerial-Level agencies, Heads of the governmental agencies, the Presidents of the People's Committees of provinces shall be responsible for the implementation of this Decree

ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER




Le Van Thanh

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