Decree No. 137/2004/ND-CP prescribing the sanctioning of administrative violations in the sea areas and the continental shelf of the Socialistic republic of Vietnam

No. :i2 (27-f>-2004) OIFICIAI. GA;J, ITE llECREl'c No. 137/2004/ND·CP OF JUNE 16, 2004 PRESCRIBING THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE SEA AREAS AND THE CONTINENTAL SHELF OF THE SOCIALIST REPUBLIC OF VIETNAM THE GOVERNMENT Pursuant to the December 25, 2001 Law on Organization of the Government; Pursuant to the July 2, 2002 Ordinance on Handling of Adminf:::,trative Vio/,1fions; Pursuant to the March 28; t99B Ordinance on Vietnam Goa.st Guard; At the proposa.t of the Defense Minister, Chapter/ GENERAL f>ROVISIONS Article 1.--Scope 9f regulation This Decree provides for sanctions against administrative violations committed by domestic and foreign individuals and organizations operating in all domains in the sea areas and the continental shelf o1 the Socialist Republic of Vietnam (excluding seaports). Article 2.- Subjects of application 1. Vietnamese individuals and organizations committing adm is1ra1iv0 violations in the sea areas and the continental shelf of Hie Socialist Republic of Vietnam (excluding ;,c;:iports) shaff bo also adm istrat\ve\y sancHonHd under lt1e t)f HCJAL GAZt:TlE No. 32 (27-G-2004) provisions of Hli~; Dccr{H-:! tllld ottwr law provisions, 2. r::oreign individuals nncl oqp1nizniions committing administrative violations in the sea areas and the continental shelf of thfJ Socialist Republic of Vietnam (excluding seaports) shaU also be administratively sanctioned under the provisions of this Decree and other law provisions, unless otherwise provided for by relevant international agreements which the Socialist Republic of Vietnam has signed or acceded to. Article 3.~ Principles for sanctioning of administrative violations The principles for sanctioning oi administrative violations shall comply with Article 3 of tfle Ordinance on Handling of Administrative Violations. exit and entry dornaini.,; two years for administrativ0 violations In the smuggling and trading of fake goods; past ttiese statutes of lirnilatio11s, the violators ~;l1all not be sanUiuned but still be forced to take the remedial measures speci~ied in C\ause 3, A.Itic\e 12 o{ the Ordinance on Handling of Adrninistrativn Violations. Other provisions ot Clauses 2 and 3, Article 1 O of tile Ordinance on HancHing of Administrative Violations on statute of limitations shall also apply. 2, The time limits tor being cons·ir.lered no\ havin9 been handled for administrative violations: individuals and organizations sanctioned for administrative violations shall be consldered not having been sanctioned for administrative violations if they do not relapse into violations one year after the date they completely serve the sanotionin·g decisions or after the statute of limitations for executing the Article 4.- Aggravating and extenuating sanctioning decisions expires. circumstances The aggravating and extenuating circumstances appl\ed to the sanctioning of administrative violations specified in Chapter II of this Decree shall comply with Artlc\e 8 and Article 9 of the Ordinance on Handling of Administrative Violations. Article 5.- Statute of limitations for sanctioning of administrative violations; time limits for being considered not yet having been hancJled for administrative violations 1. The statute of /Imitations tor sanctioning of administrative violations is one yoar, counting trorn Yne c}ate ot corrnn'11;;s"ion ol 8dminlslratlve violations in U10 environmontnl, nxport, import, Article 6.- Forms of sanctioning of administrative violations and remediaf measures The forms of sanctioning o1 administrative violations and remedial measures prescribed ln this Decree shall comply with Chapter II of the Ordinance on Handling of Administrative Violations. Chapter II SANCTIONING FORMS AND LEVELS FOR ADMINISTRATIVE VIOLATIONS Article 7.- Sanctioning of violations cornrnitted by foreign vese>els 1. A tine of between VNIJ !5,000,000 and VN[l No. 32 (21-li-2004) 10,000,000 for acts o~ illegally t;\oppinq nr anchoring in tho internal wato1 c, and tcmitorial sea of Vietnam. ~- A fow of between VND 10,000,000 and VNO 20,000,000 for one of tt1e following acts: Emitting smoke, firing assorted guns, firing signals or using explosives in 1he internal waters, territorial sea or contiguous zone of Vietnam for any purposes, except tor firing emergency signals and salute guns. 3. A fine of between VND 20,00(1,0~11. and VND :::J0,000,000,for one of the following acts: Obstructing acti\Jities of maritime navigation, activities of fishing or culturing aquatic resources, activltie s of exploring, prospecting and/or exploiting marine resources; other lawful activities in the sea areas and the continental shelf of Vietnam. 4. A tine of between VND 30,000,000 and VND 40,000,000 for one of the following acts: a/ Using radio frequencies at variance with the post and telecommunication faw provisions of the Socialist Republic of Vietnam; bl Causing harmful interferences to the communication networks in service of marine VND G0,000,000 !01· u110 ol 1/10 /ollowi11g a.ctr::: Failing to tuko prnf8ss(oiw.l inc,1sures to prevent dangeri: ::1nd f-1'.!7::tl'fl~; nr f:tilinJ to supply V\etnarnese authoriti(;is with techn'1cal documents on radioactive, dangerous or hazardous substances on board when so requested, for atomic enerrJY-oporated ships and vessels transporting radioactive substances, carrying or using dangerous or hazardous substances when they are permitted to pass the internal waters, territorial sea and contiguous zone of Vietnam. 7. A fine of between VND 60,000,000 and VND 100,000,000 for one o1 the following acts: Taking people out of vessels or bringlng people onto vessels at variance with the Vietnamese law provisions on exit and entry; harboring, conniving with, covering or assisting persons violating Vietnamese laws in the sea areas of Vietnam. 8. Additional sanctioning forms: Confiscating material evidences and/or means used for commission of the administrative violations specified in Clauses 2 and 4 of tt1fs Article. safety and salvage and other communlcation Article 8.- Sanctioning of violations networks of the Socialist Republic of Vietnam. committed by foreign fishing vessels moving in 5. A fine of between VND 40,000,000 and VND 50,000,000 tor the following acts: Fa.Hing to pltt all the flxed and mobile weapons on board in the preservation statf➔ wlHm tho armed vessels enter the Internal waters, territorial sea or contiguous ;,one of Vietnam. 6. A fine of between VND LJ0,000,000 and the sea areas of Vietnam 1. A fine of between VND 10,000,000 and VND 20,000,000 for one of the followin9 acts: a/ Failing to pull up fishing nets or othor too Ir;; b/ Failiny to put in the preservation state all devico~.1101 explori11i:1, doh~Gtin9 and/or attractinn fisf1ns. ot+ICJAL GA/Lr rn 2. Addition:1! Bsmctioning forfTls: Confiscatin{J material evidences and/or means used for commission of the administrative violations specified in Clause i of this Article. Article 9,w Sanctioning of viola-lions committed by foreign individuals and organizations permitted to conduct scientific researches in the sea areas of Vietnam 1. A fine of between VND 10,000,000 and VND 20,000,000 for acts of conducting scientific researches not at the designated places or not with the permitted research contents. 2. A flne of between VND 20,000,000 and VND 30,000,000 for acts of carrying weapons, ammunitions, explosives, hazardous substances and reconnaissance means. 3. A fine of between VND 30j000,000 and VNO 50,000,000 for acts of lnstalling and using research equipment, tools or works without s,1fety on U-1e sea 1. A fine of \Jetw(:!f-m VND 5,000,000 and VND 10,000,000 for one o1 t!'v31o!!ow g acts: a/ Illegally stopping one's vessel alongside with foreign ships for transactions; purchasing, selling, transporting, exchanging goods; b/ Failing to obey or obstructing the inspection and control by marine patrol forces; 2. A fine of between VND 10,000,000 and VND 30,000,000 for violation acts of carrying ct:t t0urist activities and other activities at variance with the provisions qt the licenses. 3. A fine of between VND 30,000,000 and VND 50,000,000 1or violation acts of carrying out exploiting, researching into, prospecting and other activities not at the places, not within the scope, not of the nature or occupations prescribed in the licenses. 4. A fine of between VND 50,000,000 and permission of competent Vietnamese VND 100,000,000 for one of the tollowing acts: authorities. 4. Additional sanctioning forms and remedial measures: a/ Confiscating material evldences and/or means used 1or commission of administrative violations specified in Clauses 2 and 3 of this Article; b/ Forcing the dismantlement of works, equipment, tools and withdrawing licenses or suspending the opera1ion, 'for administrative violations specified in Clause 3 of this Article, al Driving means Into restricted areas or areas requiring permits without such permits; b/ Submarines or underwater means o1 foreign individuals or organizations moving or stopping not afloat in the territorial sea or without flying their (national) flags accordlng to regulations. 5. A fine of between VND 300,000,000 and VND 500,000,000 for acts committed by foreign d\vfdua!s or organizations encroaching upon tho sea areas or the continental shelf of the Socialist Republic of Vietnam and using radars, Article 10." Sanctioning of other vio!iJ.tions ultrasonic wave-trnm;mitters, ohservation o1 faw provisions on security, social order and device~;, gauges, diving equipment and other No, :l2 (21-6-2004) OJ'"F/Cil\l. CAlf. lTJ-: devices in order to researct1 into, prospect or cel'tificc1tos rn 1d crew member's passports w1'1ich exploit oil and nas And other natural resourcor.. have not yot been extendecl, cl1anged or re-­ 6. /\clditional sanctioning forms: a/ Confiscating goods, for violations specified at Point a, Clause 1 of this Article; bl Confiscating material evidences and/or means used for commission of the administrative violations specified in Clauses 3 and 5 of this Article; c/ Depriving of the right to use licenses for 3 to CT months or indefinitely, for violations specified in Clauses 2 and 3 of this Article. Attio/e 11.- Sanctioning of violations of the regulations on drug prevention, combat and control, which are not crim al offenses 1. Afine of between VND 500,000 and VND 1,000,000 for acts-of smoking, injecting, inhaling or otherwise illegally using drugs. 2. A fine of between VND 5,000,000 and VND 1 0,000,00Q for other acts in the drug prevention and combat domain. Article 12.- Sanctioning of violations in t11e domain of registration of sea-going ships and crew members 1. A fine of between VND 1,000,000 and VND 5,000,000 for one of the 1o!\owing acts: a/ Damaging sea-going ship registration certificates; b/ Damaging crewman's passports or other grantocJ according to regulations. 2. A fino of between VND 5,000,000 and VND HJ,000,000 for one of the following acts: a/ Having no crewman's passports; tJ/ Having no crew registers; cl Crew members failing to fully have professional maritime diplomas and certificates as prescribed. 3. A fine of t,pi.1.:veen VND 10,000,000 and VND 15,000,000 for acts of erasing, forging, hiring or borrowing sea-going ship registration certificates, crewman's passports, professional maritime diplomas or certificates. 4. -A fine of between VND 15,000,000 and VND 20,000,000 for one of the following acts: a/ Exploiting ships which have not yet been granted the sea-going ship registration certificates; bl Failing to make registration for change of ship owners as prescribed by law when the ships change hands; cl Having no permit for departure from the last port. 5. Additional sanctioning forms: Confiscating the sea-going ship registration certificates, crewman's passports or professional diplomas and certificates, for violations specified in Clauso :3 of this Article. crewman's professional rnaritirne certificates; Article 13.- Sanctioning of acts of violating cl Damaging the crew regist0rs; the regulations on safety for human life and ships di Using the expired professio1 wl maritilTlc ·1. A fine of VND 500,000 (per passenger) for t1ansprnting passengers in cixcer,co u{ t\11-, prescribed number. 2. A iine of between VND 500,000 and VN\J 1,000,000 for one of ttH0 following ac:tr;: a/ Ships tiaving no boards showi1qJ tl1(➔ regulations on the life-saving and wrock--saving duties put up at the required positions or having such boards already darnaged. Having no boards showing the assignment of life-saving unch-:cnly ur incorrectly. 4. A fine of br~tween VNO 5,000,000 and VN!.l 10,000,000 for one of the following acts: a/ Having inadequate life-saving equiprnonl as prescribed; b/ Having life-saving equipment wtIich aro sub--standard or unready for prompt operation. 5. A fine of between VND 10,000,000 and or wreck-saving duties to each crewrnan at VND 15,000,000 for one of the following acts: prescribed places on board; al Having no life~saving and wreck-saving bl f3)·.•ps ha-✓ i:-;g no boards showing instructions on the operation of lite~saving and wreck-saving devices or having such 'instruction boards already damaged; c/ Having no ship logbooks or using ship logbooks at variance with regulations; d/ Having no or inadequate ship certi1ic;c:i,tes as prescribed; e/ Using the expired or invalid certificates; fl Erasing or forg·ing certificates. 3. A fine of between VND 1,000,000 and VND 5,000,000 for one of the following acts: a/ Damaging the ship certificates rela1ed to maritime safety as prescribed; b/ Ships arranged with complements less than the prescribed minimum complement or having crewmen in excess ot the prescribC:)d complement; c/The names of persons holcl n certain posts are different frotll those re/Jisterecl in tt10 crew registers; d/ n1<-c.! means tiaving no nainos ai1d rngiGtration 11un1tl0rs as proscriilod m tiavinq thnir narrwi, and/or registrntlonr, im•c1·ibod equipment as prescrihAd· b/ Having life-saving equipment which have expired; cl Transporting cargoes in excess of the permitted tonnage. 6. A fine of between VND 15,000,000 and VND 30,000,000 for vessels illegally transporting passengers. 7. Additional sanctioning forms: a/ Depriving of the right to use licenses for 3 to 6 months or indefinitely, for violations specified in Clause 1, Point c of Clause 5 of this Article; bl Confiscating the means used for repeating the administrative violations specified in Clause 6 of this Article; forcing the renewal of certificates, withdrawing the forged certificates specified at Point f, Clause 2 of this Article. A1tic/e 14.- Sanctioning ot violations of the explosion and fire prevention and fight regulations applicable to vessels 1. A fine of betw00n VND 2,000,000 and VND 10,000,000 for onEJ of U1e following acts: a/ Having no fire-fighting syf;tem diagram, no OFHCl1\L GA/ETTL boards st1owing th0 fire-f19l1ting duty assionmont ·J. /\ tir1e of between VNU ?,O(J0,000 anU VND and no boards sl1owing tl10 on--!Joard operrition b,000,000 on drivers who corrn11i1 tho tollowing instructions; violaUorn; o( the voyage ru\0n: b/ Fire-extinguisllino (-:quiprnent not put at tho a/ r·ailing to use or improporly using assorted designated places on board; signals according to regulations; cl Crewmen on board failing to handle b/ Failing to comply wlth the rules on sl<illfufly fire-extinguishing equipment; avoidance of marine collusions. d/ Failing to have rescue pfans in case of emergency. 2. A fine of between VND 10,000,000 and VND 15,000,000 for one of the following acts: ai Failing to observe or incompletely observing the regulations on fire prevention and fighting; b/ Fai!1ng to fully equip fire-extinguishing equipment according to the Vietnamese law provisions and international agreements which Vietnam has signed or acceded to; cl Fire-extinguishing equipment being not in the ready-to-operate state or being out of order; d/ Having no warning signs or necessary instructions at places prone to fire or explosion; e/ Failing to strictly comply with the regu\at\ons on preservation and maintenance of fire-extinguishing equipment; f/ Transporting inflammables and explosives together with passengers. 3. Additional sanctioning forms; Confiscating material evidences used for commission of administratiw: violations spocified at Point f, Cfause 2 of ti 1is Aiticle. Article 15.- Sanctioning of violations of (hEi maritime safety as~;uranco rulos 2. A fine of between VND 5,000,000 and VND 10,000,000 for one of the following acts: al Failing to place warning signs 1or sunken means or structures which constitute obstaqles in the sea; b/ Failing to place warning signs of artificial islets or marine structures; c/ Replacing or negating the effects of maritime signals. 3. Remedial measures: Forcing the placement of signals, for violations specified at Points a and b of Clause 2; forcing the restoration of the original state, for violations specified at Point c, Clause 2 of this Article. Article 16.- Sanctioning of violations of the regulations on marine navigation order and safety 1.Afine of between VND 1,000,000 and VNO 5,000,000 for one of the following acts; a/ Letting other means cling onto or tie to one's means going on voyage at variance with regulations; b/ Using towing means not nccordinQ to thoir function; c/ Pam;enger ships havinQ no interrial-ru!e OFHClJ\L GAZt::TfL boards placnd at /Jl'escribou places on board; d/ Arranging pa:,~;cmnlm; or \ot1.ing them sil not in prescribed place,.,; el Loading cargoes 1101 in presGribed places. 2. A fine of between VND 10,000,000 and VND 20,000,000 for acts of using fake number plates when opera.ting thfl nieans. 3. Additional sanctioning forms: incorrectly r0iptJrtino on propl~r"lie:-> sunken in thr:: sea when deter.ting thc--irri 2. A fine of between VND 10,000,000 and VND 20,000,000 for one of the following acti;: al Failing to put up or putting up not in time notice signs suitable to the positions of sunken properties; b/ Conducting the salvage or terminating tho salvage of sunken properties not at the prescribed time. cl Salvaging sunken properties without permits. Depriving the s/1ip masters of the right to use their professional diplomas or certificates for 3 to 6 months or indefinitely; conf•~catlng n ,: 1i8r.ial evidences and/or means used for commission ot administrative violations specified ln Clause 2 of this Article. 3. A fine of between VND 50,000,000 and VND 100,000,000 for each act of violating the regulations on salvage or trading of Anicle 17.- Sanctioning of violations of the archeological and historical artifacts in the search and rescue regulations internal waters, territorial sea and contiguous 1. A fine of between VNO 5,000,000 and VND 10,000,000 for failing to strictly obey the search and rescue maneuver orders issued by competent agencies. 2. A fine of between VND 10,000,000 and VND 20,000,000 for failing to observe the regulations on maritime search and rescue. 3. A fine of between VND 20,000,000 and VND 50,000,000 for failing to obey the search and rescue maneuver ardors of competent agencies. Article 18.- Sanctioning of violations of the zone of Vietnam. 4. Additional sanctioning forms: a/ Confiscating material evidences and/or means used for commission of administrative violations specified at Points b and c of Clause 2, and in Clause 3 of this Article; bl Forcing the placement of signs of the positions of sunken properties specified at Point a, Clause 2 of this Article. Article '19.- Sanctioning of violations of the regu\atlons on prevention of pollution of the marine environment from vessels regulations on salvage ol properties suflken in i. A 1 e o1 between VND 2,000,000 and VND tile sea 5,000,000 for one of the following acts: 1. Fine of f)f➔tween VND ?.00,(J00 and VND a/ Having innd(-lquate oil or hilgP. watm 1 ,000,000 for acts of failing to repent or f/lterino ~1quipmen1 a:~ requirecJ by Vietnamese Nn. '.:l?. (27.,(J-'.100,1) OfHClt\l. G/\l.Ffff:· luw µrovisiuns and inie1nalirn13.I a9ret-)mu11ts regula11u110 on uo.n:,;fJor·t of hazr.udou~ which Viotnam t1a::; signed or acceded to; su\>:~tr:mr,e;~ tiy sco b/ OiHillEnirig equipment being no longor operational: c/ Failing to make entries in oil record books or making entries in oil record books at variance with regulations. 2. A tine ot between VND 5,000,000 and VND i 0,000,000 for one of the following acts: a/ Having no p!ans to deal with oil-spill incidents according to regulations; b/ Have· no certificates according to 1he regulations on prevention of pollution caused by oil. 3. A fine of between VND 10,000,000 and VND 20,000,000 for one of the following acts: a/ Discharging garbage or dirty water or waste water mixed with oil and other hazardous substances from vessels Into the prohibited or restricted sea areas; b/ Discharging oil, grease, noxious chemicals, radioactive substances, substances containing dangerous waste matters or other harmful substances at variance with regulations; c/ Violating other regulations on prevention of pollution of the marine environment from vessels. 4. Application of remedial measures: rorcing to take measures to remedy the environmental pollution or degradation, for violations srmcified in Clause 3 of this Article; if damage is caused, compensations therefor must be paid according to law provisions. ·1. A fine of IJetwf:lon VNll 2,000,000 and VND ·10,000,000 for ono of the following acts: a/ Failing lo make entries in cargo record books or making entries in cargo record books at variance with regulations applicable to ships transporting noxious liquids ln bulk; b/ Having no certificates as prescribed for prevention of pollution from the transport of noxious liquids in bulk; cl ·vesseis transport ing hazardous substances without the special list or the declared list of hazardous substances and their locations on board; ct/ Failing to supply or supplying at variance with regulations the necessary characteristics of hazardous goods being transported on board; e/ Violating other regulations when transporting hazardous substances. 2. A fine of between VND 10,000,000 and VND 15,000,000 for one of the following acts: a/ Having no licenses for transport of hazardous substances; b/ Transporting hazardous substances at variance w\1h the prov\slons o1 the licenses. 3. A fine of between VND 15,000,000 and VND 20,000,000 for one of ttie following acts: a/ Transporting hazardo1Js cargoes together with passengers; b/ Hazardous substances not properly pcl.cked, marked or labeled and put in tt10 state appropriate for lu.tr1[;pol'lalion in ot"der to Article 20.- Sanctioning of violations of thf-l rninirnize danger to Hw inmine environment; cl Having no plans for preventing arid dealin~J with incidents in the course of tmnsportin9 hazardous substances; d/ Having no prevention rules, notice boards or safety instructions or technical equipment to ensure safety requirements while transporting hazardous substances; e/ Failing ta observe other regulations on application of special preventive measures according to the regulations on environmental protection. 4. Additional sanctioning forms: a/ Depriving of the environmental licenses for 3 to 6 months or inQeJlnitefy, for violations specified in crause 1 of this Article; b/ Confiscating means, forcing the destruction 3. A fine of bt3tween VND 1 f.J,000,000 ar1,J VNU 20,000,000 for one of the following acts: a/ Having no equipment or having inadequate tec!1nical equipment to ensure the safety requirements when transpo1iing hazardous and/ or i-adioactive waste matters; b/ Having no written approval of the State management agencies in charge of environment wtlen transporting in transit hazardous and/or radioactive waste matters through the internal waters and territorial sea of Vietnam; c/ Failing to notify in advance the State n1unagement agencies in charge of environrTJE>!lt when transporting hazardous and/or radioactive waste matters through the exclusive economic zone of Vietnam. of hazardous substances used for commission 4. Additional sanctioning forms and remedial of administrative violations specified at Point a, measures: Clause 2 of this Article. a/ Depriving of the right to use environmental Article 21.- Sanctioning of violations in the transport of waste matters by sea 1. A fine of between VND 5,000,000 and VND 10,000,000 for one of the following acts: a/ Transporting waste matters and environmental pollutants at variance with the regulations on environmental protection; bf Transporting waste matters at variance with the provisions of the licenses. 2. A fine of between VND 10,000,000 and VND 15,000,000 for one of the following acts: a/ Having no licenses for transport of hazardous or radioactive waste matters; b/Transporting hazardrn1s and/or radioactive waste matters at variance with the pi'Ovisions of the licenses. lfcenses for 3 to 6 months or indefinitely for violations specified in Clause 1, at Point b of Clause 2 and Polnt a of Clause 3 o1 this Article; b/ Forcing the-destruction of hazardous and/ or radioactive waste matters for violations specified at Point a, Gia.use 2 of this Article; cl Forcing the remedy of consequences caused by violations specified in thls Article. Article 22.-Sanctioning of foreign individuals and organizations committing acts of encroaching upon the sea areas and the continental shelf of the Socialist Republic of Vietnam in order to exploit marine r·t:;sources ! . A fine of between VND 10,000,000 and VND 20,000,000 on organizatiom1 or individtmls for committing the violation with tho rneans wit\'\O\ll engines or wit\1 eng t~H hav fJ thH total rnain engine powef of under 11:i CV. Chapter Ill 2. A fine of between VND 20/JOO,OOO and VND 50,000,000 on organizations or individuals for committing tt1e violation with Hie ineans having the total main engine power of botween over 45 CV and 90 CV. 3. A fine of between VND 50,000,000 and VND 100,000,000 on organizations or individuals for committing the violation with the means having the total main engine power of between over 90 CV and 135 CV. 4. A fine oi between VND 100,000,000 and VND 200,000,000 on organizations or individuals for committing the violation with the means ha\/ing the total main engine power of between over 135 CV and 200 CV. 5. A ff,ne Ot befween VNO 200,000,000 and VND 300,000,000 on organizations or individuals for committing the violation with the means having the -total main engine power of between over 200 CV and 300 CV. 6. A 1ine of between VND 300,000,000 and VND 400,000,000 on organizations or individuals for committing the violation with the means having the total main engine power of between over 300 CV and 400 CV. 7. A fine of between VND 400,000,000 and VND 500,000,000 on organizations or individuals for committing the violation witt, UK, means having the total main engine power of over 400 CV. 8. Additional sanctioning forms: Conf\sca1ing material evidences ancl means used for commission of administ1-ative violat!orn> specified in Clauses 1, 2, 3, 4, O, 6 and 7 of this Article. COMPETENCE AND PROCEDURES FOR SANCTIONING AND APPLYING MEASURES TO STOP ACTS OF ADMINISTRATIVE VIOLATION Article 23.~ Vietnam Coast Guard's competence to sanction administrative violations 1. In the sea areas and the continental shelf of Vietnam, excluding seaports, Vietnam Coast Guard has competence to sanction acts of administrative violation under the provisions of this Decree and ·Other relevant law provisions. 2. In the domains of security, order and safety, customs, tax, trade, envtronmental protection, aquatic resource protection, mineral resource protection, and animal and plant quarantine and acts of administrative violation in other domains related to the sea areas and the continental shelf of Vietnam, Vietnam Coast Guard shall sanction administra1ive violations under the Government's already promulgated decrees-pertaining to such domains. 3, Members of Vietnam Coast Guard's Professional Teams on duty have the following rights: al To issue cautions; bl To impose fine of up to VND 200,000. 4. The heads of Vietnam Coast Guard's Professional Groups have the following rights: al To issue cautions; bl To impose fine of up to VND 500,000. 5. The heads of Vietnam Goa.st Guard's Professional Toarns have the fo/f0win(J rigt1ts: al To issue cautions; OFFlCl/\t GI\Z[TTE b/ 1o impose fo1e ot' up to V\\IU :>.,(J00,000. 6. ThH tieads of Viotn;1rn Coasi Guard's 1\otll\as have the following rinhts: a/ To Issue cautions; bl To impose fine of up to VND 5,000,000; cl To apply remedial measures: To force the restoration of the original state already altered due to administrative violations or the dismantlement of illegally built works; To 1orce 1he 'taking of measures to remedy the environmental pollut:crt or spread of epidemics caused by administrative violations; To force the destruction of articles harmful to human health, animals or plants, depraved cultural products. 7. The heads of Vietnam Coast Guard's fleets have the following rights: a/ To issue cautions; bl To impose· fine of up to VND 10,000,000; cl To confiscate material evidences and/or means used for commission of administrative violations; di To apply remedial measures: To force the restoration of the original state already altered due to administrative viotatfons a/ ·10 is:>uo cautions; IJ/ To /mpo.s(; tim~ ol up lo VND 20,000,000; cl To confiscate material evidences and/or means usoti fm commission of administrative violations; di To aµp!y remedia( measures: To force the restoration of the orfg a! state already altered due to administrative violations or the dismantlement of illegally built works; To force the taking of measures to remedy the environmental pollutfon or spread of epidemics caused by administn;1tive violtti,....,ns; To force the destruction of articles harmful to human health, animals and plants, depraved cultural products. 9. The director of Vietnam Coast Guard Department has the following rights : a/ To issue cautions; bf To impose fine oi up to VND 500,000,000; cl To deprive of the right to use licenses and practice certificates falling under his/her competence; d/ To confiscate material evidences and means used for commission of administrative violations; el To apply remedial measures: To force the restoration of the original state or the dismantlement o1 illegally built works; already altered due to administrative violations ~ To force the taking of measures to remedy · or the dismantlement ot illegally built works; the environmental pollution or spread of epidemics caused by administrative violations; To force the destruction of articfr~s harmful to human health, animals or plants, depraved cultural products. 8. T"he cornrnanders of regional Vietnam Coast Uuard t1ave the follow/no ri9hts: To force the taking of measures to remedy the environmental po\\ut\on or spread of epidemics caused by administrative violations; ··To force the destruction of articles harmful to human healt~1. animals or plants, depraved cultural products. i 0, If the persons with cornpetcmGe to OITICIAL GAZ~Tlc sanction administrative violations defined in autt1ori7.od depuiios shall have compeiGnco to Clauses 3, 4, 5, 6 and 7 of niis Article are absent, make decisions anc1 must take responsibility for the\raut\io(ized deputies sha!I have competence their decisions. to hand\o 'cldff1ir1istrative v\u\ations and rf1W~i lake responsibBity for their decisions. Article 24.- Vietnam Coast Guard's competence to aprly measures to stop administrative violations and ensure the handling of administrative violations ·J. The following persons have the right to apply measures to stop administrative violations: a/ Members of Vietnai-n Coast Guard's Professional Teams in the cases specified in Articles 47 and 48 of the Ordinance on Handling of Administrative Violations; bl Heads of Vietnam Coast Guard's flotillas; c/ Heads of Vietnam Coast Guard's fleets. 2. The application of measures to stop administrative violations and ensure the hand!ing of administrative violations shall comply with the provisions of Points a, b, c, d and e, Clause 1, Article 43 of the Ordinance on Handling of Administrative Violations, 3. When applying measures to stop administrative violations and ensure the handling of administrative violations, the competent persons must strictly observe the provisions of Articles 44, 45, 46, 47, 48and49 of the Ordinance on Handling of Administrntive Violations; if committing violations, tt1ey shall tJe handled under the provisions of Article ·12·1 of the Ordinance on Handling of Administrative Violations. 4. ll the persons witl 1 cornpetence to sanction admin\stratlvc->i vio\cttions rlefined at Po'1nts b and c, Clause 1 of this Art\elo are absent, their Article 25.- Competenc~J of other agencies and forces 1. Competent persons defined in the Ordinance on Handling of Administrative Violations shall have tt1e rights to impose sanctions, apply measures to stop administrative violations and ensure the handling of administrative violations and have other powers over violation acts u,nder t tils Decree in; the domains or branches under their management. 2. The principles for determining the competence of other specialized forces and People's Committees at all levels to sanction administrative violations in this Decree shalt comply with the provisions of Article 42 of the Ordinance on Handling of Administrative Violations and other relevant law provisions. 3. When detecting acts of administrative violation, the specla[jzed State management agencies shall sanction them according to their respective competence; if such acts fall beyond their competence, they must make records thereon and transfer them to Vietnam Coast Guard or other competent agencies tor sanctioning according to \aw provisions. Article 26.- Procedures for sanctioning administrative violations The procedures for .sanctioning administra­ tive violations shall comply with Chapter VI of tile Ordinance on Handling of Admi11if.>traiive Viola\ion8 and Chapter VI of Deen-'(-) No. 134/ 200:3/1,lD"CP of November ·14, 200~3 det;1i\ing the irnp!on·1entaUon o1 a nu111lJor ot a1 tie(ui, of the ?DO~ Ordinance on t-lancJling of /\r!rninistrativo Violations. Chapter IV COMPLAINTS, DENUNCIATIONS, HANDLING OF VIOLATIONS Article 27.~ Complaints, denunciatlons and settlement thereof i. Individuals or organizations handled 1or administrative violations under this DecroA or t11eir lawful representatives may complain about tt1e sanctioning decis!ons of competent persons under the law provisions on complaints and denunciations. Pending the availability of the complaint settlement results of competent agencies or persons, the sanctioned individuals or organizations must stilt abide by the sanctioning decisions, except for the case where they are forced to dismantle built works. Where the complaining individuals or organizations disagree with the complaint~settllng decisions, they may complain with superior complaint~settling agencies or initiate administra­ tive lawsuits at courts according to law provisions. 2. Individuals shall have the right to denounce to competent State agencies administrative violations specified in this Decree committed by 0!11er individuals or organizations according to \aw provisions on complaints and clenunclatlons. 3. Individuals st1all have the right to denounco to competent State agencies illegc1I acts committed by persons w\H) cornpHtence to sanction administrative violations defined in Article 2.5 of this Decree. .A.rt1ck• ~!H.-· l !rn>dling of violations ! . If µer:;onB with administrative violation­ handllnq co1.nrw.t0nce. deHne.<! if\ \his Decree harass, tolemte, cover up, fail to sanction or sanction 1101 in time, sanction improperly or sanction ultra vi res administrative violations, they stiall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability; if causing damage, they must pay compensations therefor according to law provisions. '2. If persons sanctioned for administrative violations commit acts of obstructing or opposing the persons on duty with examining, controlling and sanctioning responsibilities or deliberately delaying or shirking the performance of the administrative violation-sanctioning decisions, they shall, depending on the nature and seriousness o1 their violations, be administratively sanctioned or examined for penal liability; if causing damage, they must pay compensations therefor according to law provision§. Chapter V IMPLEMENTATION PROVISIONS Article 29.~ Effect of the Decree Tt1is Decree takes effect 15 days a1ter its publication in the Official Gazette and replaCEJS tile Government's Decree No. 36/"1999/ND-CP 01 ,June 9, 1999 prescribing the sanctioning of administrative violations in the territorial sea, tl"le contiguous ;,:om;, the exclusive economic zone and tt1e continental st1elf of the Socialist Republic of Vietnam. Other law provisions on the sanctionin9 of Nn. 32 {2l· O :!004) ac\:-, r:fr adm \strnhve v·10\at\on on \.i'io ~,oa, wliich an-; contrary to this Decree, are tiernby ann ul!od . . 41ticle 30.- Responsibilitie1; of a9nncios 1. The Defense Minister shafl assume t~10 prime responsibility for, and coordinate with tt1e concerned ministries a.nd branches in, guiding, examining and urging the implementation of tf1is Decree. 2. The rninisters, the heads of the ministerial­ level agencies, t he heads of the Government­ attached agencies, the presidents of the pr, ,,.·i11cia\/municipal People's Committees and the director of the Coast Guard Department shall have to implement this Decree. On behalf of the Government Prime Minister PHAN VAN KHAI