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THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 123/2021/ND-CP
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Hanoi, December 28, 2021
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DECREE
AMENDMENTS TO SEVERAL ARTICLES OF
DECREES PROVIDING FOR PENALTIES FOR ADMINISTRATIVE MARITIME OFFENCES;
ADMINISTRATIVE ROAD TRAFFIC OFFENCES AND RAIL TRANSPORT OFFENCES;
ADMINISTRATIVE CIVIL AVIATION OFFENCES
Pursuant
to the Law on Government Organization dated June 19, 2015; Law on Amendments to
some Articles of the Law on Government Organization and Law on Local Government
Organization dated November 22, 2019;
Pursuant
to the Law on Handling of Administrative Violations dated June 20, 2015 and Law
on Amendments to the Law on Handling of Administrative Violations dated
November 13, 2020;
Pursuant
to the Vietnam Maritime Code dated November 25, 2015;
Pursuant
to the Law on Vietnam Civil Aviation dated June 29, 2006 and Law on Amendments
to the Law on Civil Aviation of Vietnam dated November 21, 2014;
Pursuant
to the Law on Road Traffic dated November 13, 2008;
Pursuant
to the Law on Railway Transport dated June 16, 2017;
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The
Government hereby promulgates a Decree on amendments to several Articles of
Decrees providing for penalties for administrative maritime offences;
administrative road traffic offences and rail transport offences;
administrative civil aviation offences.
Article 1. Amendments to some Articles of Government’s
Decree No. 142/2017/ND-CP dated December 11, 2017 on penalties for
administrative maritime offences
1.
Clauses 2 and 3 of Article 1 are amended as follows:
“2. The
administrative maritime offences specified in this Decree consist of:
a)
Offences against regulations on construction, management and operation of
maritime infrastructure;
b)
Offences against regulations on construction, management and operation of dry
depots;
c)
Offences against regulations on ship operations;
d)
Offences against regulations on against regulations on ship registration and
deregistration and seafarer assignment; use of certificates of competency and
discharge books;
dd)
Offences against regulations on maritime pilotage;
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g)
Offences against regulations on eligibility requirements to be satisfied by
ship building, modification and repair facilities and ship-breakers;
h)
Offences against regulations on container safety;
i)
Offences against regulations on maritime search and rescue; marine salvage and
aids to navigation;
k)
Offences against regulations on training for seafarers;
l)
Offences against regulations on prevention of marine pollution;
m)
Offences against regulations on maritime labor; reporting of maritime
occupational accidents;
n)
Offences against regulations on natural disaster management in the maritime
field;
o)
Offences against regulations on prevention and control of infectious diseases
in the maritime field;
3. If the
administrative offences prescribed in clause 2 of this Article are committed
outside the seaport waters and are not prescribed in the Decree on penalties
for administrative offences committed within the territorial waters, islands
and continental shelf of the Socialist Republic of Vietnam, they shall be
sanctioned in conformity with regulations herein.”.
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“2a.
The organizations specified in clause 1 of this Article include:
a)
Business organizations established under regulations of law;
b) Social
organizations, socio-political organizations, socio-professional organizations
and socio-political-professional organizations;
c) Public
service providers and other organizations established under regulations of law.
2b.
Household businesses that are required to register their business as prescribed
by law and households shall incur the same penalties as those incurred by
individuals involved in commission of administrative offences specified in this
Decree.”.
3.
Article 3 is amended as follows:
“Article
3. Prescriptive time limits for imposing penalties for administrative offences
The
prescriptive time limits for imposition of penalties for maritime offences
shall be 01 year; the prescriptive time limits for imposition of penalties for
administrative offences against regulations on construction of seaports, dry
depots, marine structures, environmental protection, price management and
management of overseas labor shall be 02 years.”.
4.
Article 3a is added after Article 3 as follows:
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1.
Completed administrative offences include the following administrative
offences:
a)
Offences against regulations on loading goods specified in point a clause 1,
clause 2, clause 3 Article 16 of this Decree. The date on which an offence
terminates begins from the date of detecting the act of carrying cargo in
excess of the permissible payload;
b) The
offences detected through technical and professional means and equipment. The
date on which an offence terminates begins from the date on which the technical
and professional means or equipment records the offence;
c) The
administrative offences specified in this Decree and not specified in points a
and b of this Article but had been completed before the competent person
discovered such offences. In the absence of any document or evidence
determining the accurate date on which the offences terminate, it will be
considered that the prescriptive time limit has not expired.
2. The
administrative offences specified in this Decree but not specified in clause 1
of this Article are treated as in-progress ones.”.
5.
Several clauses of Article 4 are amended as follows:
a) Clause
2 of Article 4 is amended as follows:
“2.
Depending on the nature and severity of the offences, the violating entity may
incur one or more additional penalties below:
a)
Suspension of the license or practicing certificate;
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c)
Confiscation of the exhibits and instrumentalities involved in commission of
administrative offences, including certificates, licenses, written
confirmation, written permission and documents which are erased or altered to a
degree that changes their information or not issued by competent authorities
and instrumentalities involved in commission of administrative offences.”.
b) Clause
3 of Article 4 is amended as follows:
“3. Apart
from the remedial measures specified in points a, b and c clause 1 Article 28
of the Law on Handling of Administrative Violations, this Decree provides for
remedial measures as follows:
a)
Enforced assignment of sufficient seaport security officers in accordance with
regulations; enforced assignment of sufficient pilots in accordance with
regulations; enforced deployment of pilots in conformity with their certificate
of maritime pilotage competency or certificate of maritime pilotage area;
enforced use or provision of adequate boarding and landing equipment and
facilities for pilots in accordance with regulations or use of boarding and
landing equipment and facilities for pilots meeting safety requirements;
enforced granting of rest periods to seafarers in accordance with regulations;
enforced making of arrangements for repatriation of seafarers within prescribed period;
b)
Enforced possession of a seaport security plan approved as prescribed;
c)
Enforced inspection of quality of port infrastructure by the prescribed
deadline or after a collision that affects the marine structure;
d)
Enforced unloading of the cargo exceeding permissible payload and exceeding
dimensional limits or compliance with the instructions given by law enforcement
officers in the area where the offence is detected;
dd)
Enforced equipment of life saving appliances or enforced equipment of suitable
life saving appliances in accordance with regulations;
e)
Enforced establishment of aids to navigation or enforced establishment of
suitable aids to navigation in accordance with regulations;
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h)
Enforced guarantee of readiness, continuous and stable operation of dredging
control systems installed on vehicles used for transporting and discharging
dredged materials during construction;
i)
Enforced installation of dredging control systems on vehicles used for
transporting and discharging dredged materials during construction;
k)
Enforced possession or correct implementation of the maritime safety plan or
traffic safety plan approved by the competent authority;
l)
Enforced formulated of a marine structure protection plan or enforced
implementation of the approved marine structure protection plan; formulation of
a disaster response plan in accordance with regulations;
m)
Enforced use of the dry depot’s name announced by the competent authority;
n)
Enforced provision of additional and accurate information;
o)
Enforced payment of maritime fees and charges and relevant costs in accordance
with regulations; enforced payment of salvage costs in accordance with
regulations;
p)
Enforced moving of obstacles on a wharf surface to a designated location;
enforced removal from the operating area not suitable for the ship class;
q)
Enforced disembarkation of excess passengers in accordance with regulations;
enforced disembarkation of seafarers in case of offences against regulations on
assignment of foreign seafarers working on board Vietnamese ships;
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s)
Enforced entry of adequate and accurate electronic information on embarkation,
disembarkation and awarding of titles to seafarers to the seafarer database of
the Vietnam Maritime Administration according to regulations;
t)
Enforced registration of flying of the Vietnamese national ensign according to
regulations; enforced deregistration of ships according to regulations;
u)
Enforced provision of adequate and timely pilotage services in a compulsory
pilotage area or on designated navigation routes; enforced supply of
necessities and foods to seafarers working on board the ship; enforced
provision of financial security for the repatriation of seafarers;
uu)
Enforced fulfillment of the shipowner’s responsibilities towards seafarers who
suffer occupational accidents and occupational diseases; enforced purchase of
compulsory insurance for seafarers working on board the ship;
v)
Enforced conclusion of the seafarer employment contract in accordance with the
work permit;
x)
Enforced correction of information about locations and status of ships in
operation upon occurrence of disasters;
y)
Enforced payment of costs of expert assessment, inspection, measurement and
analysis of environmental samples in case where an offence results in oil spill
or environmental pollution according to the applicable norms and unit prices.”.
c) Clause
5 is added after clause 4 of Article 4 as follows:
“5. For
an administrative offence related to a ship about which the information is not
available to serve the conversion of its gross tonnage specified in clause 4 of
this Article, the method of determining the deadweight tonnage and capacity of
a ship as the basis for penalty imposition is as follows:
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- A is
the value of the of the main deck measured from the bow to rudder of the ship
multiplied by the breadth measured amidships multiplied by the depth measured
from the upper surface of keel to the surface of main deck amidships and is
calculated using the formula A = L x B x D, where:
L (m):
Length of the main deck measured from the bow to the stern.
B (m):
Breadth measured amidships;
D (m):
Depth measured from the upper surface of keel to the surface of main deck
amidships;
- K:
Coefficient corresponding to value of A and determined as follows:
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;
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b) If it
is not a cargo or passenger ship, rely on the total power of the main engine
installed on the shop to impose a penalty or fine. If the main engine power
cannot be determined or the engine does not have a label, the fine shall be
imposed according to the 50 HP engine.
c) If
deadweight tonnage cannot be determined as prescribed in point a clause 5 of
this Article, the competent person shall request the registry to determine the
deadweight tonnage as the basis for making a penalty imposition decision.
d) For
vehicles such as floating decks or other floating structures on which dredgers,
mining machines or cargo-handling equipment are placed, their deadweight
tonnage or capacity shall be determined as follows (if the grounds for
determination of deadweight tonnage or capacity are not sufficient):
If the
maximum length and maximum breadth is 10 meters and 4 meters respectively, the
deadweight tonnage shall be from 05 to 15 tonnes;
If the
maximum length and maximum breadth is greater than 10 meters and 4 meters
respectively, the deadweight tonnage shall be greater than 15 tonnes;
The
Length of a vehicle is the distance between the tip of the bow and rudder or
two outermost points of the vehicle;
Breadth
of a vehicle is the distance at the widest point measured to the outer surface
of the frames.”.
6.
Article 7 is amended as follows:
“Article
7. Offences against regulations on announcement of the opening of a seaport,
offshore oil port, quay or wharf
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2. A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for using a
certificate, license, written confirmation, written permission or document
which is erased or altered to a degree that changes its information or which is
not issued by a competent authority to apply for announcement of the opening of
a port, offshore oil port, quay or wharf.
3.
Additional penalties: Confiscate the certificate, license, written
confirmation, written permission or document which is erased or altered to a
degree that changes its information or which is not issued by a competent
authority if the offence in clause 2 of this Article is committed.”.
7.
Several points and clauses of Article 10 are amended as follows:
a) Points
i and k are added after point h clause 5 of Article 10 as follows:
“i)
Failure to fully archive documents serving management, operation and maintenance
of marine structures;
k)
Failure to inspect vehicles, loading and unloading equipment, specialized
vehicles and machinery or operating vehicles, loading and unloading equipment,
specialized vehicles and machinery inside a port without inspecting them
according to regulations.”;
b) Point
d clause 6 of Article 10 is amended as follows:
“d)
Failure to inspect quality of port infrastructure by the prescribed deadline or
after a collision that affects the marine structure;”;
c) Clause
7 of Article 10 is amended as follows:
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a)
Suspend the docking of the ships operating on international voyages into the
seaport for 01 - 03 months if any of the offences specified in points d and e
clause 5 and point c clause 6 of this Article is committed;
b)
Suspend the docking of the ship into the seaport for 01 - 03 months if the
offence specified in point d clause 6 of this Article is committed.”;
d) Clause
8 is added after clause 7 of Article 10 as follows:
“8.
Remedial measures:
The
violator is compelled to:
a) Assign
adequate seaport security officers as prescribed if the offence specified in
point e clause 5 of this Article is committed;
b) Have
an approved seaport security plan adequate seaport as prescribed if the offence
specified in point c clause 6 of this Article is committed;
c)
Inspect quality of port infrastructure by the prescribed deadline or after a
collision that affects the maritime structure if the offence specified in point
d clause 6 of this Article is committed.”.
8.
Article 12 is amended as follows:
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1. A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the
following offences:
a)
Failure to equip life saving appliances or equipping unsuitable life saving
appliances as prescribe;
b)
Failure to inform the port authority of any other structures constructed within
the seaport waters;
c)
Establishing aids to navigation which are inadequate or unsuitable or fail to
operate or incorrectly indicate the position where the construction is in
progress;
d)
Causing obstruction to operation of navigational channels due to anchoring
construction vessels and other ships serving the construction outside the
permitted areas;
dd)
Failure to record the results of dredging and discharge of dredged materials or
failure to make entries in the construction logbook as prescribed; failure to
submit periodical reports to the port authority and the Vietnam Maritime
Administration on the status and results of execution of project on dredging of
navigational channels and dedicated waters in the seaport waters in association
with re-use of dredged materials as prescribed;
e)
Placing cages or vehicles serving fishery and aquaculture activities and
exploitation of natural resources within the seaport waters or navigational
channels without obtaining an approval from the port authority or failure to
place them in the designated locations or within the approved time limit;
g)
Setting bottom gillnets within the seaport waters or navigational channels.
2. A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the
following offences:
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b)
Failure to carry out construction within the time limit specified in the
construction permit issued by the competent authority as prescribed;
c)
Failure to apply for an approval from the port authority as prescribed before
using specialized means and equipment for performing survey, dredging,
installation of aids to navigation and other activities within the seaport
waters;
d)
Failure to clear or remove obstacles upon the completion of construction;
dd)
Failure to sufficiently implement the maritime safety plan or traffic safety
plan approved by the competent authority;
e)
Creating obstacles within the seaport waters and territorial waters of Vietnam
resulting in adverse influence on maritime operations;
g)
Installing dredging control systems of an unsuitable kind on vehicles used for
transporting and discharging dredged materials in course of dredging or
maintaining navigational channels or dedicated waters; using a dredging control
system that fails to meet mandatory technical specifications or that is not at
the ready for operation or fails to operate continuously and stably;
h)
Failure to organize supervision of construction and discharge of dredged
materials as prescribed.
3. A fine
ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the
following offences:
a)
Failure to establish aids to navigation as prescribed;
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c)
Failure to implement or incorrectly implementing the maritime safety plan or
traffic safety plan approved by the competent authority.
4. A fine
ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for carrying out
construction in a case other than that specified in point a clause 5 of this
Article before obtaining a license or written approval from a competent
authority as prescribed.
5. A fine
ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for any of the
following offences:
a)
Carrying out construction in a case where an economic-technical report on construction
or construction project is mandatory before obtaining a license or written
approval from a competent authority as prescribed;
b)
Failure to construct a structure according to the appraised and approved
design;
c)
Failure to have a maritime safety plan or traffic safety plan as prescribed.
6. A fine
ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to
construct a structure in conformity with the approved planning.
7. A fine
ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for any of the
following offences:
a)
Carrying out construction without obtaining permission from a competent
authority and causing an accident;
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c)
Failure to have or incorrectly implementing the maritime safety plan or traffic
safety plan approved by the competent authority and thus causing an accident.
8.
Remedial measures:
The
violator is compelled to:
a) Equip
life saving appliances or equip suitable life saving appliances in accordance
with regulations if the offence specified in point a clause 1 of this Article
is committed;
b)
Establish adequate and suitable aids to navigation as prescribed if the offence
specified in point c clause 1 of this Article is committed;
c)
Relocate bottom gillnets, cages or vehicles serving fishery and aquaculture
activities and exploitation of natural resources within the seaport waters or
navigational channels which are not located in designated locations if any of
the offences specified in points e and g clause 1 of this Article is committed;
d)
Restore to the original condition which has been altered due to one of the
offences prescribed in point d clause 1 and point e clause 2 of this Article;
dd)
Dismantle the illegally constructed structure if any of the offences prescribed
in point a clause 2, clause 4, clause 5, clause 6 and points a and b clause 7
of this Article is committed;
e)
Guarantee of readiness, continuous and stable operation of dredging control
systems installed on vehicles used for transporting and discharging dredged
materials during construction if the offence specified in point g clause 2 of
this Article is committed;
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h) Have
the maritime safety plan or traffic safety plan approved by the competent authority
if any of the offences specified in point c clause 5 and point c clause 7 is
committed; implement or correctly implement the maritime safety plan or traffic
safety plan approved by the competent authority if any of the offences
specified in point c clause 5 and point c clause 7 is committed.”.
9.
Article 15 is amended as follows:
“Article
15. Offences against regulations on verification of gross mass of containers
used in maritime transport
A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the
following offences:
1.
Failure to weigh a container to verify its gross mass as prescribed.
2.
Failure to provide the verified container gross mass certificate as
prescribed.”.
10.
Article 16 is amended as follows:
“Article
16. Offences against regulations on loading goods onto motor vehicles within
the port land area
1. A fine
ranging from VND 500,000 to VND 1,000,000 shall be imposed for any of the
following offences:
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b)
Loading cargo onto a motor vehicle without certifying the loading on the
transport order as prescribed.
2. A fine
ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for loading cargo
onto a motor vehicle (including trailers and semi-trailers) beyond the
permissible payload written in the Certificate of technical and environmental
safety inspection by > 50% - 100%.
3. A fine
ranging from VND 4,000,000 to VND 5,000,000 shall be imposed for loading cargo
onto a motor vehicle (including trailers and semi-trailers) beyond the
permissible payload written in the Certificate of technical and environmental
safety inspection by > 100%.
4. A fine
ranging from VND 5,000,000 to VND 7,000,000 shall be imposed for loading
oversized cargo onto a vehicle without a transport permit or expired transport
permit or with a transport permit not issued by the competent authority.
5.
Remedial measures: The violator is compelled to unload the cargo exceeding
permissible payload if the motor vehicle has not left the loading area if any
of the offences specified in point a clause 1, clauses 2 and 3 of this Article
is committed.”.
11.
Article 17 is amended as follows:
“Article
17. Offences committed by operators of motor vehicles and the like within the
port land area
1. A fine
ranging from VND 800,000 to VND 1,000,000 shall be imposed for operating a
motor vehicle and the like in excess of the speed limit by 05 km/h to less than
10 km/h.
2. A fine
ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for operating a
motor vehicle and the like in excess of the speed limit by 10 km/h to 20 km/h.
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a)
Operating the motor vehicle and the like in excess of the speed limit by more
than 20 km/h to 35 km/h;
b)
Operating the motor vehicle and the like while BAC does not exceed 50 mg per
100 ml of blood or BrAC does not exceed 0.25 mg per liter of breath.
4. A fine
ranging from VND 10,000,000 to VND 12,000,000 shall be imposed for operating a
motor vehicle and the like in excess of the speed limit by > 35 km/h.
5. A fine
ranging from VND 16,000,000 to VND 18,000,000 shall be imposed for operating a
motor vehicle and the like while BAC exceeds 50 - 80 mg per 100 ml of blood or
BrAC exceeds 0.25 - 0.4 mg per liter of breath.
6. A fine
ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for operating a
motor vehicle and the like while BAC exceeds 80 mg per 100 ml of blood or BrAC
exceeds 0.4 mg per liter of breath.
7.
Additional penalties:
a)
Suspend the driver’s license for 01 - 03 months if the offence specified in
clause 2 of this Article is committed;
b)
Suspend the driver’s license for 02 - 04 months if any of the offences
specified in point a clause 3, clause 4 of this Article is committed;
c)
Suspend the driver’s license for 10 - 12 months if the offence specified in
point b clause 3 of this Article is committed;
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dd)
Suspend the driver’s license for 22 - 24 months if the offence specified in
clause 6 of this Article is committed.”.
12.
Article 20 is amended as follows:
“Article
20. Offences against regulations on use of certificate of eligibility for
commercial operation of seaport and conditions for commercial operation of a
seaport
1. A fine
ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for operating a
seaport against the certificate of eligibility for commercial operation of
seaport issued by the competent authority as prescribed.
2. A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the
following offences:
a)
Failure to formulate an occupational health and safety plan as prescribed;
b) Failure
to meet fire prevention requirements or failure to prepare a firefighting plan
as prescribed;
c)
Failure to have environmental protection-related documents approved by
competent authorities as prescribed;
d)
Failure to have adequate facilities, warehouses, storage yards and other
necessary equipment that meet the national technical regulations applicable to
seaports or failure to enter into a warehouse or storage yard lease contract in
case where the seaport does not have sufficient warehouse or storage yard as
prescribed;
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e)
Failure to provide adequate human resources, systems, structures or equipment
for management and treatment of waste generated within the seaport area as
prescribed.
3. A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the
following offences:
a)
Operating a seaport against the certificate of eligibility for commercial
operation of seaport issued by the competent authority as prescribed;
b)
Erasing or altering the certificate of eligibility for commercial operation of
seaport to a degree that changes its information;
c) Using
one of the documents: certificate, license, written confirmation, written
permission or document which is erased or altered to a degree that changes its
information or which is not issued by a competent authority to apply for the
certificate of eligibility for commercial operation of seaport;
d)
Buying, selling, leasing, leasing out, borrowing or lending the certificate of
eligibility for commercial operation of seaport.
4.
Additional penalties:
a)
Suspend the certificate of eligibility for commercial operation of seaport for
01 - 03 months if the offence specified in clause 2 of this Article is
committed;
b)
Confiscate the certificate, license, written confirmation, written permission
or document which is erased or altered to a degree that changes its information
or which is not issued by a competent authority in the application for the
certificate of eligibility for commercial operation of seaport and the
certificate of eligibility for commercial operation of seaport if any of the
offences specified in points b and c clause 3 of this Article is committed.”.
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“Article
21. Offences against regulations on listing of freights and surcharges of ocean
container shipping services and seaport service charges
1. A fine
ranging from VND 500,000 to VND 1,000,000 shall be imposed for any of the
following offences:
a)
Failure to list the freights and surcharges of ocean container shipping
services and seaport service charges at the place where the listing is
mandatory;
b)
Listing freights and surcharges of ocean container shipping services and
seaport service charges in incorrect currency;
c)
Failure to notify the Vietnam Maritime Administration in writing of the website
on which the freights and charges are listed; failure to promptly, accurately
and sufficiently relevant data and documents as requested in writing by the
competent authority.
2. A fine
ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for failure to
announce the increase in the freights and surcharges of ocean container
shipping services for at least 15 consecutive days before increasing.”.
14. Title
of Section 3 in Chapter II is amended as follows:
“Section
3. OFFENCES AGAINST REGULATIONS ON SHIP OPERATIONS”.
15.
Article 32 is amended as follows:
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1. A fine
ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for providing
insufficient or false information in the notice or confirmation of ship’s
arrival at or departure from a seaport or the general declaration or the crew
list or the passenger list as prescribed.
2. A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the
following offences:
a)
Initiating the procedures for ship’s arrival at, departure from or transit
through a seaport after the prescribed deadline;
b)
Failure to initiate the procedures for re-issuance of a port clearance permit
in case it is expired as prescribed.
3. A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the
following offences:
a) Within
the prescribed time limit, failure to provide one of the mandatory certificates
or documents or providing an inappropriate certificate or document when
following the procedures for ship’s arrival at, departure from or transit
through a seaport;
b)
Failure to provide or insufficiently providing documents related to the
carriage of dangerous cargo onboard the ship as regulated;
c)
Failure to provide or insufficiently providing documents or certificates
concerning environmental pollution prevention; documents or certificates
concerning ballast water management; anti-fouling system as prescribed;
d)
Failure to provide the original or certified true copy of the bank guarantee
given by a credit institution or foreign bank branch on payment of repatriation
costs to seafarers as prescribed;
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e)
Loading or unloading cargo without permission or letting seafarers, passengers
or other unauthorized persons embark without permission before completing the
entry procedures or disembark without permission after completing exit
procedures as prescribed.
4. The
following fines shall be imposed for failure to have an effective shipowner’s
liability insurance certificate or effective financial security certificate if
the ship carries passengers, petroleum, petroleum products or other dangerous
cargo as:
a) A fine
ranging from VND 15,000,000 to VND 30,000,000 shall be imposed on the ship
carrying less than 50 passengers; the ship which carries petroleum, petroleum
products or other dangerous cargo and has gross tonnage of less than 200 GT;
b) A fine
ranging from VND 30,000,000 to VND 50,000,000 shall be imposed on the ship
carrying 50 to less than 100 passengers; the ship which carries petroleum,
petroleum products or other dangerous cargo and has gross tonnage of 200 GT to
less than 500 GT;
c) A fine
ranging from VND 50,000,000 to VND 80,000,000 shall be imposed on the ship
carrying 100 to less than 300 passengers; the ship which carries petroleum,
petroleum products or other dangerous cargo and has gross tonnage of 500 GT to
less than 3,000 GT;
d) A fine
ranging from VND 80,000,000 to VND 100,000,000 shall be imposed on the ship
carrying 300 passengers or more; the ship which carries petroleum, petroleum
products or other dangerous cargo and has gross tonnage of 3,000 GT or more;
5. The
following fines shall be imposed for failure to obtain the last port clearance
certificate as prescribed or leaving the port before obtaining permission from
a competent authority:
a) A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on a ship of less
than 200 GT;
b) A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on a ship of 200
GT to less than 500 GT;
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d) A fine
ranging from VND 40,000,000 to VND 80,000,000 shall be imposed on a ship of
3,000 GT or more.
6. A fine
ranging from VND 80,000,000 to VND 100,000,000 shall be imposed on a
foreign-flagged ship for engaging in inland waterway transport or carrying out
specific activities without obtaining permission from a competent authority as
prescribed.
7.
Additional penalties: Suspend the master’s certificate of competency for 03 -
06 months if any of the offences prescribed in clause 5 of this Article is
committed.
8.
Remedial measures:
The
violator is compelled to:
a)
Provide additional and accurate information if the offence specified in clause
1 of this Article is committed;
b) Pay
maritime fees and charges and relevant costs as prescribed if the offence
specified in clause 5 of this Article is committed.”.
16. Title
of Section 4 in Chapter II is amended as follows:
“Section
4. OFFENCES AGAINST REGULATIONS ON REGISTRATION AND DEREGISTRATION OF SHIPS,
PUBLIC SERVICE SHIPS, SUBMARINES, SUBMERSIBLES, FLOATING STORAGE UNITS AND
MOBILE OFFSHORE DRILLING UNITS AND SEAFARER ASSIGNMENT; USE OF CERTIFICATES OF
COMPETENCY AND DISCHARGE BOOKS”.
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“Article
40. Offences against regulations on registration and deregistration; use of
certificates of ships, public service ships, submarines, submersibles, floating
storage units and mobile offshore drilling units
1. A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the
following offences:
a)
Failure to register changes as prescribed;
b)
Failure to register changes to the ship ownership after the ship is sold or
purchased or in case of transfer of ownership;
c)
Failure to change the Minimum Safe Manning Certificate upon change of the
managing or operating enterprise;
d)
Providing false information; using a document which is erased or altered or
which is not issued by a competent authority to apply for the certificate;
dd)
Vietnamese ship owner’s failure to send the copy of the registration
certificate to the Vietnam National Registry of Ships for management when
registering flying of the foreign national ensign;
e)
Failure to register flying of the Vietnamese national ensign as prescribed with
respect to the purchased or newly built ship of a state-owned enterprise or
state-invested enterprise;
g)
Failure to carry out deregistration as prescribed.
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a)
Operating a ship, public service ship, submarine, submersible, floating storage
unit or mobile offshore drilling unit before obtaining a certificate;
b) Using
one of the certificates of a ship, public service ship, submarine, submersible,
floating storage unit or mobile offshore drilling unit or the certificate which
is erased or altered to a degree that changes its information or which is not
issued by a competent authority.
3.
Additional penalties: Confiscate the exhibits involved in commission of
administrative offences if any of the offences prescribed in point d clause 1
and point b clause 2 of this Article is committed.
4.
Remedial measures:
The
violator is compelled to:
a) Follow
procedures for registering flying of the Vietnamese national ensign officers as
prescribed if the offence specified in point e clause 1 of this Article is
committed;
b) Follow
procedures for ship deregistration if the offence specified in point g clause 1
of this Article is committed.”.
18.
Article 42 is amended as follows:
“Article
42. Offences against regulations seafarer assignment, use of certificates of
competency, practicing certificates and seaman’s discharge books
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a)
Failure to make entries or making insufficient or inaccurate entries in the
seaman’s discharge book (hereinafter referred to as “discharge book”) as
prescribed;
b)
Failure to carry practicing certificate, certificate of competency and
discharge book when working onboard a ship as prescribed.
2. A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the
following offences:
a)
Assigning a seafarer who does not have a certificate of competency, practicing
certificate and discharge book or who uses the expired certificate of
proficiency and practicing certificate to work onboard a ship; awarding a
seafarer a title which is not conformable with his certificate of competency or
practicing certificate;
b)
Failure to assign duties to a seafarer in conformity with his title specified
in the discharge book;
c)
Failure to enter or inaccurately entering electronic information on
embarkation, disembarkation and awarding of titles to seafarers to the seafarer
database of the Vietnam Maritime Administration according to regulations
3. A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for buying,
selling, leasing, leasing out, borrowing or lending the certificate of
competency, practicing certificate or discharge book.
4. A fine
ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the
following offences:
a) Using
the certificate of competency, practicing certificate or discharge book which
is not issued by the competent authority or has been erased or altered;
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c)
Providing false information or using documents which have been altered or are
not issued by the competent authority when applying for issuance or re-issuance
of the certificate of competency, practicing certificate or discharge book.
5.
Additional penalties:
a)
Suspend the practicing certificate or certificate of competency for 06 - 12
months if the offence in clause 3 of this Article is committed;
b)
Confiscate the practicing certificate, certificate of competency or discharge book
if any of the offences in clause 4 of this Article is committed.
6.
Remedial measures: The violator is compelled to enter adequate and accurate
electronic information on embarkation, disembarkation and awarding of titles to
seafarers to the seafarer database of the Vietnam Maritime Administration
according to regulations if the offence in point c clause 2 of this Article is
committed.”.
19.
Article 44 is amended as follows:
“Article
44. Offences against regulations on assignment of pilots
1. A fine
ranging from VND 2,000,000 to VND 5,000,000 shall be imposed for any of the
following offences:
a)
Sending the daily pilotage plan after the prescribed deadline or failure to
give a notification of any unexpected changes to the pilotage plan to the port
authority;
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2. A fine
ranging from VND 6,000,000 to VND 10,000,000 shall be imposed for any of the
following offences:
a) Assigning
a pilot to navigate a ship with an inappropriate certificate of maritime
pilotage competency or inappropriate certificate of maritime pilotage area;
b)
Failure to sufficiently and promptly render pilotage services in a compulsory
pilotage area or on designated navigation routes without giving legitimate
reasons.
3. A fine
ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for failure to
use or to provide adequate boarding and landing equipment and facilities for
pilots as regulated or for use of the ones failing to meet safety requirements.
4. A fine
ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failure to
provide adequate pilots or required facilities/equipment as regulated.
5.
Remedial measures:
The
violator is compelled to:
a) Assign
a pilot to navigate the ship with an appropriate certificate of maritime
pilotage competency or appropriate certificate of maritime pilotage area if the
offence specified in point a clause 2 of this Article is committed;
b)
Sufficiently and promptly render pilotage services in the compulsory pilotage
area or on designated navigation routes if the offence specified in point b
clause 2 of this Article is committed;
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d)
Provide adequate pilots or required facilities/equipment as regulated if the
offence specified in clause 4 of this Article is committed.”.
20.
Article 45 is amended as follows:
“Article
45. Offences against regulations committed by a pilot during pilotage
1. A fine
ranging from VND 4,000,000 to VND 6,000,000 shall be imposed upon a pilots for
one of the following offences:
a)
Failure to promptly inform the port authority of any maritime accident or
incident or change to navigational channels or aids to navigation found during
the pilotage;
b)
Failure to give notification or confirmation to the port authority of time and
place of embarking and disembarking the ship or the pilotage status as
regulated;
c)
Failure to promptly inform the port authority of the ship operating in excess
of the speed limit in a restricted speed zone and sailing against the traffic
flow of a one-way channel or dodging and overtaking in the area where dodging
and overtaking are banned;
d)
Failure to embark the ship by the prescribed time or failure to embark or
disembark at prescribed places without giving legitimate reasons;
dd)
Failure to pilot a ship to enter or leave the port or maneuver according to the
dispatching plan of the port authority or failure to pilot the designated ship
without giving legitimate reasons;
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g)
Failure to wear maritime pilot uniforms as prescribed upon pilotage.
2. A fine
ranging from VND 6,000,000 to VND 8,000,000 shall be imposed upon a pilot whose
BAC does not exceed 50 mg per 100 ml of blood or whose BrAC does not exceed
0.25 mg per liter of breath or who uses other stimulants banned by law when
piloting a ship.
3. A fine
ranging from VND 10,000,000 to VND 16,000,000 shall be imposed upon a pilot
who:
a) Pilots
the ship to anchor or berth at the wharf or maneuver within the port waters
without receiving the dispatching order from the port authority or at a
position other than the one designated by the port authority; or
b)
Refuses to pilot the ship without giving legitimate reasons or failure to
promptly inform the port authority or the maritime pilotage service provider of
his refusal to pilot the ship; or
c) Pilots
the ship on an unannounced navigational channel without permission; or
d) Causes
a less serious maritime accident due to his mistake.
4. A fine
ranging from VND 16,000,000 to VND 18,000,000 shall be imposed upon a pilot
whose BAC exceeds 50 - 80 mg per 100 ml of blood or whose BrAC exceeds 0.25 -
0.4 mg per liter of breath when piloting a ship.
5. A fine
ranging from VND 20,000,000 to VND 30,000,000 shall be imposed upon a pilot
who:
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b)
Instruct the master to operate the ship exceeding the speed limit by 01 - 02
nautical miles/hour.
6. A fine
ranging from VND 30,000,000 to VND 40,000,000 shall be imposed upon a pilot
who:
a) Causes
an extremely serious maritime accident due to his mistake; or
b)
Instructs the master to operate the ship exceeding the speed limit by more than
02 nautical miles/hour or sail against the traffic flow of a one-way channel or
dodge and overtake in the area where dodging and overtaking are banned; or
c) Has
BAC exceeding 80 mg per 100 ml of blood or BrAC exceeding 0.4 mg per liter of
breath when piloting a ship.
7.
Additional penalties:
a)
Suspend the certificate of maritime pilotage competency for 03 - 06 months if
any of the offences specified in clause 2 and point a clause 5 of this Article
is committed;
b)
Suspend the certificate of maritime pilotage competency for 06 - 09 months if
any of the offences specified in clause 4 and point a clause 6 of this Article
is committed;
c)
Suspend the certificate of maritime pilotage competency for 09 - 12 months if
the offence specified in point c clause 6 of this Article is committed.”.
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“Article
46. Offences against regulations on conditions for provision of maritime
transport services, multimodal transport services, auxiliary services for
maritime transport
1. A fine
ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to
provide multimodal transport services against the license issued by the
competent authority as prescribed.
2. A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following
offences:
a)
Providing multimodal transport services without the license issued by the
competent authority as prescribed;
b)
Failure to satisfy mandatory requirements when providing maritime transport
services, shipping agency services or towage services.
3. A fine
ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for keep running
business upon receipt of a competent authority's decision on suspension of
business operations or the license or certificate of eligibility to provide
services.
4. A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the
following offences:
a)
Erasing or altering the license or certificate of eligibility to provide
services classified as conditional business lines to a degree that changes its
information;
b) Using
any of the documents which is erased or altered to a degree that changes its
information or is not issued by the competent authority to apply for the
license or certificate of eligibility to provide services classified as conditional
business lines;
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5.
Additional penalties:
a)
Suspend the license to provide services for 01 - 03 months if the offence
specified in point c clause 2 of this Article is committed in the case of
repeating the offence after or before penalty imposition;
b)
Confiscate the license or certificate of eligibility to provide services if any
of the offences specified in points a and b clause 4 of this Article is
committed.”.
22.
Clause 4 and point b clause 5 of Article 47 are amended as follows:
a) Clause
4 of Article 47 is amended as follows:
“4. A
fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of
the following offences:
a)
Erasing or altering the license to import marine flares to a degree that
changes its information;
b) Using
any of the documents which is erased or altered to a degree that changes its
information or is not issued by the competent authority to apply for
designation of ship navigation route or the license to import marine flares;
c)
Buying, selling, leasing, leasing out, borrowing or lending the license to
import marine flares.”.
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“b)
Confiscate the license to import marine flares if any of the offences specified
in points a and b clause 4 of this Article is committed.”.
23. Point
e is added after point dd clause 2 and point e is added after point dd clause 5
of Article 48 as follows:
a) Point
e is added after point dd clause 2 of Article 48 as follows:
“e)
Failure to make arrangements for repatriation of seafarers by the prescribed
deadline.”;
b) Point
e is added after point dd clause 5 of Article 48 as follows:
“e) Make
arrangements for repatriation of seafarers by the prescribed deadline as
prescribed in point e clause 2 of this Article.”.
24.
Clause 1 of Article 51 is amended as follows:
“1. A
fine ranging from VND 30,000,000 to VND 60,000,000 shall be imposed for any of
the following offences:
b)
Failure to break the ship within the prescribed time limit;
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25. Title
of Section 11 in Chapter II is amended as follows:
“Section
11. OFFENCES AGAINST REGULATIONS ON PREVENTION OF MARINE POLLUTION”.
26.
Article 57 is amended as follows:
“Article
57. Offences against regulations on oil spill response
1. A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the
following offences:
a)
Causing an oil spill or failing to promptly report to the competent authority
in charge of receiving oil spill-related information upon the detection of an
oil spill accident as regulated;
b)
Failure to update or supplement the oil spill response plan as prescribed;
c)
Failure to notify the oil spill response plan approved by the competent
authority to authorities, units and local governments concerned for cooperation
in implementation thereof.
2. A fine
ranging from VND 10,000,000 to VND 30,000,000 shall be imposed for any of the
following offences:
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b)
Failure to undergo practical training in oil spill response in accordance with
regulations.
3. A fine
ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for failure to
promptly report to a competent authority for assistance in case the oil spill
is beyond the capacity of an establishment’s capacity or local resources are
not affordable for response activities as prescribed.
4.
Penalties for offences involving in petrol and oil production, trading and
services that pose a risk of causing oil spills on land at a less severe level
are as follows:
a) A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to
notify the approved oil spill response plan to the district-level People’s
Committee for cooperation in implementation thereof;
b) A fine
ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to
invest in or enter into contracts to get prepared for response to oil spills
with establishments that have means and equipment used for response activities
or with Regional Oil Spill Response Centers at the level commensurate with
possibilities of oil spill occurring in areas under jurisdiction to promptly
mobilize means, equipment and supplies to carry out response activities as
prescribed;
c) A fine
ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to
get ready to mobilize means, equipment and supplies to participate in
cooperation in response to and remediation of consequences of oil spills at the
request of competent authorities;
b) A fine
ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for failure to
have the oil spill response plan approved by the district-level People’s
Committee or the supervisory authority as prescribed;
dd) A
fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for failure
to formulate an emergency plan to respond to oil spills and form forces to
ensure timely and effective prevention of and response to oil spills at the
level corresponding to the possibility of oil spills caused by establishments.
5.
Penalties for the offences in relation to activities of gasoline stockpiles,
warehouses or storage facilities with total reserve volume of 50,000 m3
or more and petrol and oil ports capable of receiving ships with a tonnage of
50,000 DWT or more are as follows:
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b) A fine
ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to
lead and command their own forces, means and equipment or those stated in oil
spill response contracts to carry out response activities in a timely manner;
failure to get ready to mobilize means, equipment and supplies to participate
in cooperation in response to and remediation of consequences of oil spills at
the request of competent authorities;
c) A fine
ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to
have the oil spill response plan approved by the National Committee for Search
and Rescue as prescribed;
d) A fine
ranging from VND 60,000,000 to VND 70,000,000 shall be imposed for failure to
formulate an emergency plan to respond to oil spills and form forces to ensure
timely and effective prevention of and response to oil spills at the level
corresponding to the possibility of oil spills which they cause.
6.
Penalties for the offences in relation to activities of local ports, gasoline
stockpiles, warehouses or storage facilities with a total reserve volume of
less than 50,000 m3, petrol and oil ports capable of receiving the
ship of less than 50,000 DWT are as follows:
a) A fine
ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to
invest in or enter into contracts to get prepared for response to oil spills
with establishments that have means and equipment used for response activities
or with Regional Oil Spill Response Centers at the level commensurate with
possibilities of oil spill occurring in areas under jurisdiction to promptly
mobilize means, equipment and supplies to carry out response activities as
prescribed;
b) A fine
ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to
lead and command their own forces, means and equipment or those stated in oil
spill response contracts to carry out response activities in a timely manner;
failure to get ready to mobilize means, equipment and supplies to participate
in cooperation in response to and remediation of consequences of oil spills at
the request of competent authorities;
c) A fine
ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to
have the oil spill response plan approved by the provincial People’s Committee
as prescribed;
d) A fine
ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to
formulate an emergency plan to respond to oil spills and form forces to ensure
timely and effective prevention of and response to oil spills at the level
corresponding to the possibility of oil spills which they cause.
7.
Penalties for offences involving activities of investors in ports, owners of
establishments and project owners that pose a risk of causing oil spills are as
follows:
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b) A fine
ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to
lead and command their own forces, means and equipment or those stated in oil
spill response contracts to carry out response activities in a timely manner;
failure to get ready to mobilize means, equipment and supplies to participate
in cooperation in response to and remediation of consequences of oil spills at
the request of competent authorities; failure to monitor activities with high
risk of oil spills occurring within their remit in order to promptly implement
appropriate response measures; failure to fully conform to the requirements and
instructions of competent authorities in order to prevent or minimize damage
caused by oil pollution upon occurrence of an oil spill.
c) A fine
ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to
have the oil spill response plan approved by the provincial People’s Committee
as prescribed; failure to rework the oil spill response plan for submission to
a competent authority for approval;
d) A fine
ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to
formulate an emergency plan to respond to oil spills and form forces to ensure
timely and effective prevention of and response to oil spills at the level
corresponding to the possibility of oil spills which they cause.
8.
Penalties for offences involving offshore petroleum activities that pose a risk
of causing oil spills are as follows:
a) A fine
ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to
notify the approved oil spill response plan to the People's Committee of
provinces at risk of being affected by incidents that may occur at
establishments or projects;
b) A fine
ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to
invest in or enter into contracts to get prepared for response to oil spills
with establishments that have means and equipment used for response activities
or with Regional Oil Spill Response Centers at the level commensurate with
possibilities of oil spill occurring in areas under jurisdiction to promptly
mobilize means, equipment and supplies to carry out response activities as
prescribed;
c) A fine
ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to
get ready to mobilize means, equipment and supplies to participate in
cooperation in response to and remediation of consequences of oil spills at the
request of competent authorities;
d) A fine
ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for failure to
have the oil spill response plan approved by the National Committee for Search
and Rescue as prescribed;
dd) A
fine ranging from VND 60,000,000 to VND 70,000,000 shall be imposed for failure
to formulate an emergency plan to respond to oil spills and form forces to
ensure timely and effective prevention of and response to oil spills at the
level corresponding to the possibility of oil spills caused by establishments.
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a) A fine
ranging from VND 15,000,000 to VND 25,000,000 shall be imposed for failure to
notify the plan for oil transshipment between tankers at sea so as for the
competent authority to carry out supervision and adopt timely response measures
upon occurrence of an oil spill as prescribed;
b) A fine
ranging from VND 25,000,000 to VND 35,000,000 shall be imposed for failure to
have the oil pollution response plan approved by a competent authority of the
Ministry of Transport with respect to the oil tankers flying the Vietnamese
national ensign with a gross tonnage of 150 GT or more and other ships other
than oil tankers with a gross tonnage of 400 GT or more;
c) A fine
ranging from VND 35,000,000 to VND 45,000,000 shall be imposed for failure to
have the oil pollution response plan approved by a competent authority of the
Ministry of Transport with respect to the oil tankers flying the Vietnamese
national ensign engaged in the transshipment of oil between tankers at sea;
d) A fine
ranging from VND 45,000,000 to VND 55,000,000 shall be imposed for carrying out
transshipment of oil between tankers at sea without obtaining consent from the
National Contact Point or port authority as prescribed;
dd) A
fine ranging from VND 55,000,000 to VND 65,000,000 shall be imposed for failure
to buy insurance or maintain other financial security in respect of civil
liability as required by laws in order to compensate for damage caused by the
oil pollution as regulated.
10.
Remedial measures:
The
violator is compelled to:
a) Pay
the costs of expert assessment, inspection, measurement and analysis of
environmental samples in case where an offence results in oil spill or
environmental pollution according to the applicable norms and unit prices if
any of the offences specified in this Article is committed;
b)
Implement remedial measures for environmental pollution and submit a remedial
action completion report, and compensate for damage caused by the oil pollution
as regulated within the time limit specified by the person who has the power to
impose penalties in the decision on imposition of penalties for administrative
offences if any of the offences prescribed in clauses 8 and 9 of this Article
is committed.”.
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“Article
58 a. Offences against regulations on management of collection and treatment of
waste from ships within seaport waters
1. A fine
ranging from VND 500,000 to VND 1,000,000 shall be imposed for any of the
following offences:
a)
Failure to post or incorrectly posting the list of organizations and
individuals that have signed contracts for provision of waste collection and
treatment services and prices of waste collection and treatment services as
prescribed;
b)
Failure to submit a report on management of collection and treatment of waste
from ships within seaport waters as prescribed;
2. A fine
ranging from VND 5,000,000 to VND 8,000,000 shall be imposed:
a) upon a
ship’s declarant who fails to declare or incorrectly declare information about
the waste to be treated to the port authority as prescribed; or
b) for
causing drop, dispersion or leakage of waste during the collection thereof from
ships.
3. A fine
ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for failure to
provide vehicles for receiving waste from ships within seaport waters or
failure to enter into contracts with waste collection and treatment service
providers as regulated.
4.
Remedial measures:
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a) Post
or correctly posting the list of organizations and individuals that have signed
contracts for provision of waste collection and treatment services and prices
of waste collection and treatment services as prescribed if the offence
specified in point a clause 1 of this Article is committed;
b) Submit
the report on management of collection and treatment of waste from ships as
prescribed if the offence specified in point b clause 1 of this Article is
committed;
c)
Declare or incorrectly declare information about the waste to be treated to the
port authority as prescribed if the offence specified in point a clause 2 of
this Article is committed;
d)
Implement the measures to remediate environmental pollution caused by the drop,
dispersion or leakage of waste during collection of waste from ships if the
offence specified in point b clause 2 of this Article is committed.”.
28.
Article 58b is added after Article 58a as follows:
“Article
58b. Offences against regulations on prevention of pollution caused by ships
1. A fine
ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the
following offences:
a)
Failure to provide equipment for storing and classifying garbage as prescribed
or failure to store garbage at the designated place;
b)
Removing rust, old paint and coatings from the ship without obtaining
permission from the port authority;
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d)
Dumping garbage or throwing other objects from the ship into water or wharf.
2. A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the
following offences:
a)
Carrying out transfer or receipt of fuel between the ship and other vehicles
without obtaining permission from the port authority as prescribed;
b)
Failure to have oily-water separating equipment or oily-water filtering
equipment or having one that cannot be used;
c)
Failure to adhere to one of the technical safety procedures or rules for fuel
receipt;
d)
Letting other ships come alongside while carrying out ship-to-ship transfer of
fuel;
dd)
Operation of garbage or waste incinerator within a seaport or use of fuel oil
with sulphur content in excess of the permissible limits for operating the main
engine or generator engine;
e)
Failure to make entries in the oil and other hazardous substance record book as
prescribed.
3. A fine
ranging from VND 90,000,000 to VND 100,000,000 shall be imposed for failure to
pumping or discharging types of waste from a ship to the wharf or within
seaport waters against regulations.
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29.
Article 58c is added after Article 58b as follows:
“Article
58c. Offences against regulations control of harmful anti-fouling systems on
ships
1. A fine
ranging from VND 90,000,000 to VND 100,000,000 shall be imposed for any of the
following offences:
a)
Applying harmful anti-fouling systems at ports, shipbuilders and shiprepairers;
b)
Disposal of wastes generated from application or removal of a harmful
anti-fouling system against regulations into the environment.
2.
Additional penalties: Suspend the operation of the port enterprises,
shipbuilders and shiprepairers for 03 - 06 months if any of the offences
specified in clause 1 of this Article is committed.
3.
Remedial measures: The violator is compelled to implement measures to remediate
the environmental pollution caused by offences specified in clause 1 of this
Article.”.
30.
Article 58d is added after Article 58c as follows:
“Article
58d. Offences against regulations management and control of ships’ ballast
water and sediments
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a)
Failure to pump and discharge ballast water as prescribed and as instructed by
the port authority;
b)
Discharging harmful aquatic organisms and pathogens within ballast water and
sediments within seaport waters and Vietnam’s territorial waters.
2.
Remedial measures: The violator is compelled to implement measures to remediate
the environmental pollution and rectify the offences against regulations on
management and control of ships’ ballast water and sediments specified in
clause 1 of this Article.”.
31.
Article 58dd is added after Article 58d as follows:
“Article
58dd. Offences against regulations on dumping
1. A fine
ranging from VND 90,000,000 to VND 100,000,000 shall be imposed for any of the
following offences:
a)
Failure to dump dredged materials at designated places;
b)
Loading and unloading matters subject to ocean dumping against the ocean
dumping permit.
2.
Additional penalties: Suspend the ocean dumping permit for 01 - 03 months if
the offence specified in point b clause 1 of this Article is committed.
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32.
Section 12 is added after Section 11 in Chapter II and Articles 58e, 58g and
58h are added thereto as follows:
“Section
12. OFFENCES AGAINST REGULATIONS ON MARITIME LABOR; REPORTING OF MARITIME
OCCUPATIONAL ACCIDENTS
Article
58e. Offences against regulations on conclusion of employment contracts and
seafarers’ employment contracts
Fines
shall be imposed upon an employer who fails to conclude an employment contract
or seafarers’ employment contract in writing if the employment duration is at
least 3 months; who concludes a seafarers’ employment contract which fails to
contain primary contents of a contract as follows:
1. A fine
ranging from VND 2,000,000 to VND 5,000,000 shall be imposed for the offence
that involves 01 to 10 seafarers.
2. A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for the offence
that involves 11 to 50 seafarers.
3. A fine
ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for the offence
that involves 51 to 100 seafarers.
4. A fine
ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for the offence
that involves 101 to 300 seafarers.
5. A fine
ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for the offence
that involves 301 seafarers or more.
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1. A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for concluding a
seafarers’ employment contract inconsistently with the work permit issued by a
Vietnam’s competent authority.
2. A fine
ranging from VND 30,000,000 to VND 45,000,000 shall be imposed for assigning a
foreign seafarer who does not have a work permit issued by a Vietnam’s
competent authority or has an expired work permit.
3.
Remedial measures:
The
violator is compelled to:
a) The
violator is compelled to re-conclude the seafarers’ employment contract
consistently with the work permit if the offence specified in clause 1 of this
Article is committed;
b) The
seafarer is compelled to leave the ship if the offence specified in clause 2 of
this Article is committed.
Article
58h. Offences against regulations on reporting of maritime occupational
accidents occurring onboard ships
A fine
ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to
report maritime occupational accidents as prescribed.”.
33.
Section 13 is added to Chapter II and Articles 58i and 58k are added thereto as
follows:
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Article
58i. Offences against regulations on formulation of plans for natural disaster
response and reports on natural disaster management in the maritime field
1. A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon an
enterprise for any of the following offences:
a)
Failure to formulate a natural disaster management response plan as prescribed;
b)
Failure to submit a report before, during and after a natural disaster to the
port authority as prescribed.
2.
Remedial measures: The violator is compelled to formulate the natural disaster
response plan if the offence specified in clause 1 of this Article is
committed.
Article
58k. Offences against regulations on natural disaster preparedness and response
1. A fine
ranging from VND 15,000,000 to VND 25,000,000 shall be imposed upon an
enterprise for any of the following offences:
a)
Providing inaccurate information about locations and status of ships in
operation upon occurrence of a disaster;
b)
Failure to comply with regulations on natural disaster management for ships;
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2. A fine
ranging from VND 25,000,000 to VND 35,000,000 shall be imposed upon an
enterprise for its failure to get ready to comply the port authority’s requests
for mobilizing vehicles to participate in disaster recovery.
3.
Remedial measures: The violator is compelled to provide accurate information
about locations and status of ships in operation upon occurrence of a disaster
if the offence specified in point a clause 1 of this Article is committed.”.
34.
Section 14 is added to Chapter II and Articles 58l is added thereto as follows:
“Section
14. OFFENCES AGAINST REGULATIONS ON PREVENTION AND CONTROL OF INFECTIOUS
DISEASES IN THE MARITIME FIELD
Article
58l. Offences against regulations on prevention and control of infectious
diseases in the maritime field
1. A fine
ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for any of the
following offences:
a)
Failure to provide; failure to accurately or promptly provide information about
prevention and control of infectious diseases to employers, seafarers and
passengers at the request of competent authorities;
b)
Failure to implement measures to maintain personal hygiene and protection to
prevent infectious diseases on ships at the request of competent authorities;
c)
Failure to undergo tests at the request of competent authorities during the
infectious disease surveillance.
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a)
Failure to immediately contact the health quarantine unit if a passenger or
seafarer onboard a ship show any symptom or sign of an infectious disease
before the ship enters a port;
b)
Deliberately embarking or disembarking, unloading or receiving goods when a
ship anchors pending heath quarantine or is quarantined, unless the ship is in
distress.
3. A fine
ranging from VND 5,000,000 to VND 7,000,000 shall be imposed for any of the following
offences:
a)
Failure to follow the health inspection and control carried out by the border
health quarantine unit as prescribed by law, except the case prescribed in
point b clause 5 of this Article;
b)
Failure to strictly comply with regulations on quarantine signs for incoming
ships;
c)
Failure to make health declaration or making untruthful declaration of border
health quarantine as prescribed by law.
4. A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for concealing,
failure to report or delaying the reporting of the infection with an infectious
disease of oneself or another person onboard a ship.
5. A fine
ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for any of the
following offences:
a)
Deliberately leaving the ship before following health quarantine procedures or
without obtaining permission from a competent authority;
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6.
Remedial measures:
The
violator is compelled to:
a) Follow
the health inspection and control if the offence specified in point a clause 3
of this Article is committed;
b) Return
to the ship or the health quarantine area if the offence specified in point a
clause 5 of this Article is committed;
c)
Implement medical isolation, coercive medical isolation and health control of
people, ships and cargo carrying pathogens causing infectious diseases if the
offence specified in point b clause 5 of this Article is committed.”.
35.
Article 59 is amended as follows:
“Article
59. Power to make administrative offence records
The
persons having power to impose penalties for administrative offences, public
officials, public employees, people working for the People's Army and People's
Public Security Forces in the performance of their duty under the management of
the persons having power to impose penalties for administrative offences
specified in Articles 60 to 66 of this Decree in the performance of their duty
within their jurisdiction shall, upon detection of any administrative maritime
offence, promptly prevent it and make an administrative offence record as
prescribed. For an administrative offence committed onboard a ship or inland
waterway vehicle, the ship master or inland waterway vehicle operator shall
make administrative offence record and immediately transfer it to the person
having the power to impose penalties for administrative offences when the ship
enters the port.”.
36.
Several points and clauses of Article 60 are amended as follows:
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“c)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences, the value of which value does not exceed VND
1,000,000.
d)
enforce the remedial measures mentioned in points a and c clause 1 Article 28
of the Law on Handling of Administrative Violations.”;
b) Points
d and dd clause 2 of Article 60 are amended as follows:
“d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences, the value of which value does not exceed VND
100,000,000;
dd)
Enforce the remedial measures mentioned in points a, b and c clause 1 Article
28 of the Law on Handling of Administrative Violations and other remedial
measures mentioned in clause 3 Article 4 of this Decree.”;
c) Points
d and dd clause 3 of Article 60 are amended as follows:
“d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences, the value of which value does not exceed VND
140,000,000;
dd)
Enforce the remedial measures mentioned in points a, b and c clause 1 Article
28 of the Law on Handling of Administrative Violations and other remedial
measures mentioned in clause 3 Article 4 of this Decree.”;
d) Points
dd clause 4 of Article 60 is amended as follows:
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37.
Several points and clauses of Article 61 are amended as follows:
a) Point
c clause 1 of Article 61 is amended as follows:
“c)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences, the value of which value does not exceed VND
20,000,000.”;
b) Clause
2 of Article 61 is amended as follows:
“2.
Directors of port authorities and chiefs of specialized inspectorates of the
Vietnam Maritime Administration have the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 50,000,000;
c)
Suspend the license or practicing license or suspend the operation;
d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences;
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38.
Clause 5 of Article 62 is amended as follows:
“5.
Enforce the remedial measures mentioned in points a, b and c clause 1 Article
28 of the Law on Handling of Administrative Violations and other remedial
measures mentioned in clause 3 Article 4 of this Decree.”.
39.
Clause 5 of Article 63 is amended as follows:
“5.
Enforce the remedial measures mentioned in points a, b and c clause 1 Article
28 of the Law on Handling of Administrative Violations and other remedial
measures mentioned in clause 3 Article 4 of this Decree.”.
40.
Article 64 is amended as follows:
“Article
64. Power to impose penalties for administrative offences of the People’s
Public Security
1.
Soldiers of the People’s Public Security in the performance of their duty have
the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 500,000.
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a) Issue
warnings;
b) Impose
a fine of up to VND 1,500,000.
3.
Commune-level Police Chiefs, Heads of Police Posts and Captains of Squadrons
have the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 2,500,000;
c)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences, the value of which value does not exceed VND
5,000,000;
d)
Enforce the remedial measures mentioned in points a and c clause 1 Article 28
of the Law on Handling of Administrative Violations.
4.
District-level Police Chiefs; the Head of the Professional Division of the
Police Department of Administrative Management of Social Order; the Head of the
Professional Division of the Traffic Police Department; the Head of the
Professional Division of the Department of Fire Prevention, Fighting and
Rescue; the Chiefs of provincial Police Departments, including: Chiefs of
Waterway Police Divisions, Chiefs of Police Divisions for Prevention and
Control of Environmental Crimes, Chiefs of Firefighting, Prevention and Rescue
Police Divisions, Chiefs of Economic Security Divisions and Captains of
Squadrons have the power to:
a) Issue
warnings;
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c)
Suspend the license or practicing license or suspend the operation;
d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences, the value of which value does not exceed VND
40,000,000;
dd)
Enforce the remedial measures mentioned in points a and c clause 1 Article 28
of the Law on Handling of Administrative Violations; clause 3 Article 4 of this
Decree.
5.
Directors of provincial Police Departments have the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 50,000,000;
c)
Suspend the license or practicing license or suspend the operation;
d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences;
dd)
Enforce the remedial measures mentioned in points a and c clause 1 Article 28
of the Law on Handling of Administrative Violations; clause 3 Article 4 of this
Decree.
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a) Issue
warnings;
b) Impose
a fine of up to VND 100,000,000;
c)
Suspend the license or practicing license or suspend the operation;
d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences;
dd)
Enforce the remedial measures mentioned in points a and c clause 1 Article 28
of the Law on Handling of Administrative Violations; clause 3 Article 4 of this
Decree.
7.
Delegation of power to impose penalties for administrative offences of the
People’s Public Security
a)
Soldiers of the People’s Public Security in the performance of their duty shall
impose penalties for the administrative offences committed by inland waterway
vehicles operating within seaport waters or outside seaport waters where the
inland waterway vehicles are permitted to operate in direct relation to the
fields under their management within their power to impose penalties for
administrative offences and the administrative offence specified in clause 1
Article 33 of this Decree;
b) Team
Leaders supervising the soldiers of the People’s Public Security in the
performance of their duty shall impose penalties for the administrative
offences committed by inland waterway vehicles operating within seaport waters
or outside seaport waters where the inland waterway vehicles are permitted to
operate in direct relation to the fields under their management within their
power to impose penalties for administrative offences and the administrative
offences specified in clause 1 Article 13; clause 1 Article 30; clauses 1 and 2
Article 33 of this Decree;
c) Commune-level
Police Chiefs, Heads of Police Posts and Captains of Squadrons shall impose
penalties for the administrative offences committed by inland waterway vehicles
operating within seaport waters or outside seaport waters where the inland
waterway vehicles are permitted to operate in direct relation to the fields
under their management within their power to impose penalties for
administrative offences and the administrative offences specified in clause 1
Article 13; clause 1 Article 30; clauses 1 and 2 Article 33 of this Decree;
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dd)
Directors of provincial Police Departments shall impose penalties for the
administrative offences committed by inland waterway vehicles operating within
seaport waters or outside seaport waters where the inland waterway vehicles are
permitted to operate in direct relation to the fields under their management
within their power to impose penalties for administrative offences and the
administrative offences specified in points d, e and g clause 2 Article 12;
clauses 1, 2 and 3 Article 13; Article 28; Article 30; clauses 1 and 2, point a
clause 3, clause 10 Article 33 of this Decree;
e)
Director General of the Economic Security Department, Director General of the
Police Department for Administrative Management of Social Order, Director
General of the Investigation Police Department for Corruption, Economic and
Smuggling Crimes, Director General of the Traffic Police Department, Director
General of the Firefighting, Prevention and Rescue Police Department and
Director General of the Police Department for Prevention and Control of
Environmental Crimes shall impose penalties for the administrative offences
committed by inland waterway vehicles operating within seaport waters or
outside seaport waters where the inland waterway vehicles are permitted to
operate in direct relation to the fields under their management within their
power to impose penalties for administrative offences and the administrative
offences specified in points d, e and g clause 2 Article 12; Article 13;
Article 28; Article 30; clauses 1 and 2, point a clause 3, clause 10 Article
33; point a clause 1 Article 58dd of this Decree.”.
41.
Article 65 is amended as follows:
“Article
65. Power of the Border Guard
1. The
Border Guard officers in the performance of their duty have the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 500,000.
2. Senior
officers of the persons mentioned in clause 1 of this Article have the power
to:
a) Issue
warnings;
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3.
Commanding Officers of Border Guard Posts, Captains of Naval Border Guard
Flotillas and Commanders of the Border Guard Commands at port border gates have
the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 20,000,000;
c)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences, the value of which value does not exceed VND
40,000,000;
d)
Enforce the remedial measures mentioned in points a and c clause 1 Article 28
of the Law on Handling of Administrative Violations; clause 3 Article 4 of this
Decree.
4. Chief
Commander of provincial-level Border Guards; Captains of Naval Border Guard
Squadrons affiliated to the Border Guard High Command have the power to:
a) Issue
warnings;
b) Impose
fines up to the maximum fine for the offences in direct relation to the fields
under their management;
c)
Suspend the license or practicing license or suspend the operation;
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dd)
Enforce the remedial measures mentioned in points a and c clause 1 Article 28
of the Law on Handling of Administrative Violations; clause 3 Article 4 of this
Decree.
5.
Delegation of power to impose penalties for administrative offences of the
Border Guard
a) The
Border Guard officers shall impose penalties for the administrative offences
specified in clause 1 Article 33; clause 1 Article 34; point a clause 5, point
a clause 6, point a clause 7, point a clause 8 Article 36 of this Decree;
a) Senior
officers of the persons mentioned in point a clause 5 of this Article shall
impose penalties for the administrative offences specified in clause 1 Article
33; clause 1 Article 34; point a clause 5, point a clause 6, point a clause 7,
point a clause 8 Article 36; clause 1Article 58l of this Decree;
c)
Commanding Officers of Border Guard Posts, Captains of Naval Border Guard
Flotillas and Commanders of the Border Guard Commands at port border gates
shall impose penalties for the administrative offences specified in clause 1,
clause 2 Article 12; clause 1, clause 2, points a, b, dd and e clause 3; points
a and b, clause 5, clause 7, clause 8 Article 32; clause 1, clause 3, point e
clause 5, point a clause 10 Article 33; clauses 1, 2 and 3 Article 34; clause
1, clause 2, clause 3, point a, point b Clause 4, clause 5, clause 6, point a,
point b clause 7, point a clause 8, clause 9, clause 10, point a, point b
clause 11 Article 36; clause 1, clause 2, point a, point b clause 3, clause 8
Article 37; clause 1, clause 3, clause 4 Article 40; clause 1, clause 3 Article
42; point a, point b clause 1, point a, point b, point c, point d, point dd
clause 2 Article 58b; clause 1, point a clause 3 Article 58g; Article 58l of
this Decree;
d) Chief
Commander of provincial-level Border Guards; Captains of Naval Border Guard
Squadrons affiliated to the Border Guard High Command shall impose penalties
for the administrative offences specified in Article 12; clause 3, clause 4
Article 19; clause 1, clause 2, point a, point dd, point e Clause 3, clause 5,
cause 6, clause 7, clause 8 Article 32; clause 1, clause 3, point e clause 5
and clause 10 Article 33; Article 34; Article 36; Article 37; Article 40;
clause 1, clause 3, point a, point b, point c clause 4 Article 42; point a,
point b clause 1, point a, point b, point c, point d, point dd clause 2 Article
58b; point a clause 1 Article 58dd; Article 58g; Article 58l of this Decree.”.
42.
Article 66 is amended as follows:
“Article
66. Power of the Coast Guard
1.
Coastguard officers in the performance of their duty have power to:
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b) Impose
a fine of up to VND 1,500,000.
2.
Captains of coastguard teams have power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 5,000,000.
3.
Coastguard squad leaders and captains of coastguard stations have the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 10,000,000;
c)
Enforce the remedial measures mentioned in points a and c clause 1 Article 28
of the Law on Handling of Administrative Violations.
4.
Commanders of coastguard platoons have power to:
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b) Impose
a fine of up to VND 20,000,000;
c)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences, the value of which value does not exceed VND
40,000,000;
d)
Enforce the remedial measures mentioned in points a and c clause 1 Article 28
of the Law on Handling of Administrative Violations; clause 3 Article 4 of this
Decree.
5.
Commanders in chief of coastguard squadrons; Heads of Reconnaissance
Commissions; Heads of Task Force Commissions for Drug Crime Prevention and
Control under the control of the Command of Coast Guard of Vietnam have the
power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 30,000,000;
c)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences, the value of which value does not exceed VND
60,000,000;
d)
Enforce the remedial measures mentioned in points a and c clause 1 Article 28
of the Law on Handling of Administrative Violations; clause 3 Article 4 of this
Decree.
6.
Commanders of regional coastguard command centers and Director General of the
Department of Operations and Legislation under the control of the Command of
Coast Guard of Vietnam have the power to:
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b) Impose
a fine of up to VND 50,000,000;
c)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences, the value of which value does not exceed VND
100,000,000;
d)
Enforce the remedial measures mentioned in points a and c clause 1 Article 28
of the Law on Handling of Administrative Violations; clause 3 Article 4 of this
Decree.
7.
Commander of Vietnam Coast Guard has the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 100,000,000;
c)
Suspend the license or practicing license or suspend the operation;
d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences;
dd)
Enforce the remedial measures mentioned in points a, b and c clause 1 Article
28 of the Law on Handling of Administrative Violations; clause 3 Article 4 of
this Decree.
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a) The
Border Guard officers shall impose penalties for the administrative offences
detected outside seaport waters in direct relation to the fields under their
management specified in clause 1 Article 34; point a clause 5, point a clause
6, point a clause 7, point a clause 8 Article 36 of this Decree;
b)
Captains of coastguard teams shall impose penalties for the administrative
offences detected outside seaport waters in direct relation to the fields under
their management specified in clause 3, clause 4 Article 33; clauses 1 and 2
Article 34; clause 1, point a, point b clause 5, point a, point b clause 6,
point a clause 7, point a clause 8, point a clause 9 Article 36; clause 1
Article 37; clause 1 Article 42 of this Decree;
c)
Coastguard squad leaders and captains of coastguard stations shall impose
penalties for the administrative offences detected outside seaport waters in
direct relation to the fields under their management specified in clause 3,
clause 4, point e clause 5 Article 33; clauses 1, 2 and 3 Article 34; clause 1,
clause 2, point a clause 4, clause 5, point a, point b, point c clause 6, point
a clause 7, point a clause 8, point a, point b clause 9, point a clause 10
Article 36; clause 1, clause 2, point a clause 3, clause 8 Article 37; clause
1, clause 2, clause 3 Article 42 of this Decree;
d)
Commanders of coastguard platoons shall impose penalties for the administrative
offences detected outside seaport waters in direct relation to the fields under
their management specified in clause 3, clause 4, point e clause 5, clause 6
Article 33; clauses 1, 2 and 3 Article 34; clause 1, clause 2, clause 3, point
a, point b clause 4, clause 5, clause 6, point a, point b clause 7, point a
clause 8, clause 9, clause 10, point a, point b clause 11 Article 36; clause 1,
clause 2, point a, point b clause 3, clause 8 Article 37; clause 1, clause 3,
point a clause 4 Article 40; clauses 1, 2 and 3 Article 42; points a, b, c, d
and dd clause 2 Article 58b; clause 1, point a clause 3 Article 58g of this
Decree;
dd)
Commanders in chief of coastguard squadrons; Heads of Reconnaissance
Commissions; Heads of Task Force Commissions for Drug Crime Prevention and
Control under the control of the Command of Coast Guard of Vietnam shall impose
penalties for the administrative offences detected outside seaport waters in
direct relation to the fields under their management specified in clause 3,
clause 4, point e clause 5, clause 6 Article 33; Article 34; clause 1, clause
2, clause 3, point a, point b, point c clause 4, clause 5, clause 6, point a,
point b, point c clause 7, point a clause 8, clause 9, clause 10, clause 11
Article 36; clause 1, clause 2, point a, point b clause 3, clause 8 Article 37;
Article 40; Article 42; points a, b, c, d and dd clause 2 Article 58b; clause
1, point a clause 3 Article 58g of this Decree;
e)
Commanders of regional coastguard command centers and Director General of the
Department of Operations and Legislation under the control of the Command of
Coast Guard of Vietnam shall impose penalties for the administrative offences
detected outside seaport waters in direct relation to the fields under their
management specified in clause 3, clause 4, point e clause 5, clause 6 Article
33; Article 34; clause 1, clause 2, clause 3, clause 4, clause 5, clause 6,
clause 7, point a, point b clause 8, clause 9, clause 10, clause 11, point a
clause 12 Article 36; clause 1, clause 2, point a, point b, point c clause 3,
clause 4, clause 5, clause 6, clause 8 Article 37; Article 40; Article 42;
points a, b, c, d and dd clause 2 Article 58b; Article 58g of this Decree;
g)
Commander of Vietnam Coast Guard shall impose penalties for the administrative
offences detected outside seaport waters in direct relation to the fields under
their management specified in point a clause 3, clause 4, point e clause 5 and
clause 6 Article 33; Article 34; Article 36; Article 37; Article 40, Article
42; points a, b, c, d and dd clause 2 Article 58b; point a clause 1 Article
58dd, Article 58g of this Decree.”.
43.
Article 6, Article 9, Article 18, Article 22, Article 23, Article 27, Article
35, Article 41, clause 1 Article 43, clause 1 of Article 47 and Article 58 are
abrogated.
44. The
phrase “tháo dỡ” (“dismantle”) in clause 5 of Article 24 is replaced with “phá
dỡ” (“destroy”).
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1. Point
h clause 2 of Article 2 is amended as follows:
“h)
Cooperative groups;”.
2.
Article 4a is added after Article 4 as follows:
“Article
4a. Completed and in-progress administrative offences
1.
Completed administrative offences include the following administrative
offences:
a)
Offences against regulations on cargo loading specified in point a clause 1,
point a clause 3, clause 5 Article 28 of this Decree. The date on which an
offence terminates begins from the date of detecting the act of carrying cargo
in excess of the permissible payload;
b) The
offences detected through technical and professional means and equipment. The
date on which an offence terminates begins from the date on which the technical
and professional means or equipment records the offence;
c) The
administrative offences specified in this Decree and not specified in points a
and b of this Article but had been completed before the competent person
discovered such offences. In the absence of any document or evidence
determining the accurate date on which the offences terminate, it will be
considered that the prescriptive time limit has not expired.
2. The
administrative offences specified in this Decree but not specified in clause 1
of this Article are treated as in-progress ones.”.
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a) Point
k clause 3 of Article 5 is amended as follows:
“k)
Making a u-turn at a level crossing; making a u-turn at narrow section of the
road, on a slope, on a curve section of the road with limited sight or making a
u-turn while operating a vehicle prohibited from doing so by a “no u-turn”
sign; making a left turn while operating a vehicle prohibited from doing so by
a “no left turn” sign; making a right turn while operating a vehicle prohibited
from doing so by a “no right turn” sign;”;
b) Point
c clause 4 of Article 5 is amended as follows:
“c)
Failure to stop a vehicle ineligible for free flow electronic toll collection
(ETC) (for the vehicle that is not equipped with an e-tag or is equipped with
an e-tag but has not enough balance in the ETC account to pay a toll on ETC
lane) from entering lanes for free-flow ETC at toll booths;”;
c) Point
b clause 6 of Article 5 is amended as follows:
“b)
Failure to yield to or obstructing emergency vehicles on duty that are sending
out emergency signals;”;
d) Point
d is added after point c clause 7 of Article 5 as follows:
“d)
Stopping or parking on freeway in locations against regulations and law;
failure to provide signals to inform other drivers in case of compulsory stop
or parking on freeway at an undesignated location; making a u-turn on
freeway;”.
4.
Several points and clauses of Article 6 are amended as follows:
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“a)
Turning without slowing down or signaling (except for going along a curved
segment where there is no intersection); making a left turn while operating a
vehicle prohibited from doing so by a “no left turn” sign; making a right turn
while operating a vehicle prohibited from doing so by a “no right turn” sign;”;
b) Points
n and o are added after point m clause 3 of Article 6 as follows:
“n)
Failure to wear a motorcycle helmet properly or wearing it improperly;
“o)
Carrying a person who does not wear a motorcycle helmet or does not wear the
motorcycle helmet properly, unless that person is a patient who needs urgent
medical care, a child under 06 years of age, or a criminal being escorted.”;
c) Clause
5 of Article 6 is amended as follows:
“5. A
fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon a
vehicle operator who commits any of the following offences:
a)
Entering a blocked road or restricted area; going against traffic direction of
a one-way road or a road where a “Cấm đi ngược chiều” (“No entry”) sign is
erected, except for the offences specified in point a clause 6 of this Article
and emergency vehicles on duty as prescribed;
b)
Failure to yield to or obstructing emergency vehicles on duty that are sending
out emergency signals.”;
d) Point
c clause 10 of Article 6 is amended as follows:
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5. Point
g clause 4 of Article 7 is amended as follows:
“g)
Making a u-turn at a level crossing; making a u-turn at narrow section of the
road, on a slope, on a curve section of the road with limited sight or making a
u-turn while operating a vehicle prohibited from doing so by a “no u-turn”
sign; making a left turn while operating a vehicle prohibited from doing so by
a “no left turn” sign; making a right turn while operating a vehicle prohibited
from doing so by a “no right turn” sign;”.
6. Points
dd and e are added after point d clause 4 of Article 8 as follows:
“dd) The
operator of a motored bicycle (including electric bicycle) not wearing a
motorcycle helmet or wearing a helmet improperly;
e)
Carrying a person on a motored bicycle (including electric bicycle) who does
not wear a motorcycle helmet or does not wear the helmet properly, unless that
person is a patient who needs urgent medical care, a child under 06 years of
age, or a criminal being escorted.”.
7. Clause
6 of Article 11 is amended as follows:
“6. A
fine ranging from VND 400,000 to VND 600,000 shall be imposed upon persons on
motorcycles, mopeds (including electric mopeds), motorcycle-like vehicles,
moped-like vehicles, motored bicycles (including electric bicycles) who commit
any of the following offences:
a)
Hanging onto, pulling or pushing other vehicles or other objects, leading
animals, carrying bulky objects, standing on the seat, cargo racks or sitting
on the handles;
b)
Failure to wear a motorcycle helmet or wearing it improperly.”.
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“4a.
A fine ranging from VND 400,000 to VND 600,000 shall be imposed upon a vehicle
operator or vehicle owner who avoids paying or fails to pay road user charges
when passing through toll booths.”.
9.
Article 16 is amended as follows:
“Article
16. Penalties imposed upon by operators of motor vehicles (including trailers
or semi-trailers being towed) and the like violating regulations on
roadworthiness of vehicles
1. A fine
ranging from VND 100,000 to VND 200,000 shall be imposed for operating a
vehicle without a windshield or without an intact and functional one (for
vehicles having a windshield).
2. A fine
ranging from VND 300,000 to VND 400,000 shall be imposed for any of the
following offences:
a)
Operating a vehicle without adequate and functional headlamps, plate lamp,
brake lamps, turn signals, windshield wipers, rear-view mirrors, safety belts,
emergency equipment, fire fighting equipment, pressure meter, and speedometer
(for vehicles required to have them), except for the offences specified in
point m clause 3 Article 23 and point q clause 4 Article 28 of this Decree;
b)
Operating a vehicle without a horn or without a functional one;
c)
Operating a vehicle without a sound or smoke suppression device or a functional
one or without one that meets environmental regulations on emissions and noise.
3. A fine
ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for any of the
following offences:
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b)
Operating a vehicle with a steering system that fails to meet technical
standards;
c)
Operating a vehicle without sufficient wheels or tires; or the sizes of the
wheels or tires do not fit or not comply with technical standards (including
trailers and semi-trailers);
d)
Operating a passenger-carrying motor vehicle with added or removed seats/beds
or with dimension of its luggage compartment that fails to meet the technical
specification written on the certificate of technical and environmental safety
inspection for the vehicle.
4. A fine
ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for any of the
following offences:
a) Operating
a vehicle without a certificate of vehicle registration or using an expired
certificate of vehicle registration (including trailer and semi-trailer);
b)
Operating a vehicle (including trailer and semi-trailer) without a license
plate (if required);
c)
Operating a truck (including trailer and semi-trailer) with dimension of its
trunk that fails to meet the technical specification written on the certificate
of technical and environmental safety inspection for the truck;
d)
Installing or using a horn the loudness of which is beyond legal limit on the
vehicle.
5. A fine
ranging from VND 3,000,000 to VND 4,000,000 shall be imposed for any of the
following offences:
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b)
Operating a vehicle without a decent or functional and conformable brake system
(including trailer and semi-trailer).
6. A fine
ranging from VND 4,000,000 to VND 6,000,000 shall be imposed for any of the
following offences:
a)
Operating a vehicle with a license plate other than that specified in the
certificate of vehicle registration or with a license plate that is not issued
by a competent authority (including trailer and semi-trailer);
b) Using
a certificate of technical and environmental safety inspection or stamp of
technical and environmental safety or certificate of vehicle registration that
is not issued by a competent authority or is falsified; using a certificate of
vehicle registration on which the vehicle’s chassis or engine number is
incorrect (including trailer and semi-trailer);
c)
Operating a vehicle without a certificate of technical and environmental safety
inspection or technical and environmental safety inspection stamp (if required,
except for temporarily registered vehicles) or with one that has expired for 01
month or more (including trailer and semi-trailer);
d)
Operating a vehicle without an adequate quantity of license plates or with an
improperly positioned license plate; with a license plate on which the letters
and numbers are not distinct; altering the letters or numbers on the license
plates by paint or sticker or changing color of the letters, numbers and
background of the license plates (including trailer and semi-trailer).
7. A fine
ranging from VND 10,000,000 to VND 12,000,000 shall be imposed for any of the
following offences:
a)
Operating a temporarily registered vehicle beyond its temporary operational
period; operating a restricted vehicle beyond its permissible operating area;
b)
Operating a vehicle (including trailer and semi-trailer) beyond its maximum
service life (if limited);
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8. Apart
from incurring fines, the violating operator shall incur the following
additional penalties:
a) The
offence(s) specified in point a, point b clause 3; clause 4; clause 5; point c
clause 6; point a clause 7 of this Article shall lead to suspension of the
driver’s license from 01 - 03 months;
b) The
offence(s) specified in point a, point b clause 3; clause 4 of this Article
shall lead to confiscation of additional lights and horns exceeding loudness
limit;
c) The
offence(s) specified in point a, point b clause 6 of this Article shall lead to
confiscation of the certificate of technical and environmental safety
inspection or technical and environmental safety inspection stamp, the
certificate of vehicle registration or the license plate that is not
conformable with regulations or is falsified; suspension of the driver’s
license from 01 - 03 months;
d) The
offence(s) specified in point b, point c clause 7 of this Article shall lead to
confiscation of the vehicle (except for cases in which automobiles with 10
seats or more providing passenger transportation services whose service life
exceeds regulations on business conditions of registered business form less
than 20 years from the year of manufacture and automobiles with less than 10
seats providing passenger transportation services) and suspension of the
driver’s license from 01 - 03 months;
dd) The
offence(s) specified in point a clause 4, point b clause 6 of this Article in
case of failure to have the certificate of vehicle registration or using the
certificate of vehicle registration that is not issued by a competent
authority, on which the vehicle’s chassis or engine number is incorrect or
which is falsified (including trailer and semi-trailer) without any document
proving the vehicle’s origin (no document concerning the transfer of vehicle
ownership or document concerning the vehicle’s legal origin) shall lead to
confiscation of the vehicle;
9. Apart
from the penalties, the violator is compelled to:
a)
Install equipment or replace equipment that meets technical safety standards or
restore technical attributes of the equipment as prescribed if the offence
specified in clause 1; clause 2; point b, point c clause 3; point c, point d
clause 4; point b clause 5; point d clause 6 of this Article is committed;
b)
Install equipment or restore technical attributes of the equipment or remove
additional equipment installed against regulations if any of the offences
specified in point a, point d clause 3 of this Article is committed.”.
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“d)
Operating a vehicle with an inappropriate license plate; with a license plate
on which the letters and numbers are not distinct; with a license plate that is
bent, blocked or damaged; altering the letters or numbers on the license plate
by paint or sticker or changing color of the letters, numbers and background of
the license plate.”.
11. Article
21 is amended as follows:
“Article
21. Penalties for offences against regulations on qualification for operating
motor vehicles
1. A
person from 14 to under 16 years of age that operates a motorcycle or moped
(including electric moped) and motorcycle-like vehicles or motor vehicle and
the like and tractor shall receive a warning.
2. A fine
ranging from VND 100,000 to VND 200,000 shall be imposed upon:
a) Any
person operating a motorcycle or moped and the like without carrying an
unexpired certificate of civil liability insurance for motor vehicles; or
b) Any
person operating a motorcycle or moped and the like without carrying the
certificate of vehicle registration; or
c) Any
person operating a motorcycle and the like without carrying a driver’s license,
except for the offences specified in point b clause 5 and point c clause 7 of
this Article.
3. A fine
ranging from VND 200,000 to VND 400,000 shall be imposed upon:
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b) Any
person operating a motor vehicle and the like or tractor without carrying the
certificate of vehicle registration (including trailer and semi-trailer); or
c) Any
person operating a motor vehicle and the like or tractor without carrying the
certificate of technical and environmental safety inspection (if required,
including trailer and semi-trailer).
4. A fine
ranging from VND 400,000 to VND 600,000 shall be imposed upon:
a) Any
person from 16 to under 18 years of age operating a motorcycle with engine
displacement of 50 cm3 or more; or
b) Any
person operating a motor vehicle and the like or tractor without carrying an
unexpired certificate of civil liability insurance for motor vehicles.
5. A fine
ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon an operator
of a two-wheeled motorcycle whose engine displacement is under 175 cm3
and motorcycle-like vehicles who commits any of the following offences:
a)
Failure to have a driver’s license or using a driver’s license that is not
issued by a competent authority or using a falsified driver’s license;
b)
Possessing an international driver’s license issued by any of the Member States
of the Convention of Road Traffic 1968 (except for international driver’s
licenses issued by Vietnam’s authority);
c) Using
an invalid driver’s license (driver’s license template number at the back does
not match the latest issued template number in the driver’s license management
system license).
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7. A fine
ranging from VND 4,000,000 to VND 5,000,000 shall be imposed upon an operator
of a two-wheeled motorcycle whose engine displacement is 175 cm3 or
more and three-wheeled motorcycles who commits any of the following offences:
a)
Possessing a driver’s license inconsistent with the vehicle being operated;
b)
Failure to have a driver’s license or using a driver’s license that is not
issued by a competent authority or using a falsified driver’s license;
c)
Possessing an international driver’s license issued by any of the Member States
of the Convention of Road Traffic 1968 (except for international driver’s
licenses issued by Vietnam’s authority);
d) Using
an invalid driver’s license (driver’s license template number at the back does
not match the latest issued template number in the driver’s license management
system license).
8. A fine
ranging from VND 5,000,000 to VND 7,000,000 shall be imposed upon an operator
of a motor vehicle and the like or tractor for any of the following offences:
a)
Possessing a driver’s license that has been expired for less than 03 months;
b)
Possessing an international driver’s license issued by any of the Member States
of the Convention of Road Traffic 1968 (except for international driver’s
licenses issued by Vietnam’s authority);
c) Using
an invalid driver’s license (driver’s license template number at the back does
not match the latest issued template number in the driver’s license management
system license).
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a)
Possessing a driver’s license inconsistent with the vehicle being operated or
possessing a driver’s license that has been expired for 03 months or more;
b)
Failure to have a driver’s license or using a driver’s license that is not
issued by a competent authority or using a falsified driver’s license.
10. Apart
from incurring fines, the violating operator shall incur the following
additional penalties:
a) The
offence(s) specified in point a, point c clause 5; point b, point d clause 7;
point c clause 8; point b clause 9 of this Article shall lead to suspension of
the driver’s license that is not issued by a competent authority, falsified
driver’s license or invalid driver’s license;
b) The
offence(s) specified in point c clause 5, point d clause 7, point c clause 8
shall lead to suspension of the most recently-issued driver’s licenses
according to information system for management of driver’s license from 01 - 03
months.”.
12.
Several points and clauses of Article 23 are amended as follows:
a) Point
p clause 5 of Article 23 is amended as follows:
“p)
Operating a passenger-carrying motor vehicle without installing cameras as
prescribed (if required by the law) or installing cameras without ability to
record and store images on the vehicle (including the driver and the vehicle
doors) during the vehicle's operation as prescribed or employing technical
measures, peripherals or other measures to falsify data from cameras installed
on the vehicle;”;
b) Point
dd clause 6 of Article 23 is amended as follows:
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c) Clause
7a is added after clause 7 of Article 23 as follows:
“7a.
A fine ranging from VND 10,000,000 to VND 12,000,000 shall be imposed upon a
vehicle operator who picks up or disembarks passengers on a freeway.”;
d) Point
b clause 8 of Article 23 is amended as follows:
“b) The
offence specified in clause 7a of this Article shall lead to suspension of the
driver’s license for 02 - 04 months;”.
13.
Several points and clauses of Article 24 are amended as follows:
a) Point
c clause 3 of Article 24 is amended as follows:
“c)
Operating a cargo-carrying motor vehicle without installing cameras as
prescribed (if required by the law) or installing cameras without ability to
record and store images of the driver during the vehicle's operation as
prescribed or employing technical measures, peripherals or other measures to
falsify data from cameras installed on the vehicle;”;
b) Point
c clause 5 of Article 24 is amended as follows:
“c)
Operating a cargo-carrying motor vehicle without installing the vehicle’s
tracker as prescribed or with the vehicle’s tracker which fails to operate as
prescribed or employing technical measures, peripherals or other measures to
falsify data from the tracker installed on the vehicle;”;
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“8a. A
fine ranging from VND 10,000,000 to VND 12,000,000 shall be imposed upon a
vehicle operator who loads or unloads cargo on a freeway.”;
d) Point
b clause 9 of Article 24 is amended as follows:
“b) The
offence specified in clause 7, point c clause 8 and clause 8a of this Article
shall lead to suspension of the driver’s license for 02 - 04 months;”.
14.
Article 25 is amended as follows:
“Article
25. Penalties imposed upon vehicle operators violating regulations on transport
of oversized cargo
1. A fine
ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for any of the
following offences:
a)
Transporting oversized cargo without a sign indicating its size;
b)
Failure to comply with the transport permit, except for the offences specified
in clause 2; points b, c and d clause 3 of this Article.
2. A fine
ranging from VND 8,000,000 to VND 10,000,000 shall be imposed for transporting
oversized cargo with an unexpired transport limit but the gross vehicle weight
(GVW) or outer size (after cargo is loaded) exceeds the limits specified in the
transport permit.
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a)
Transporting oversized cargo without a transport permit or expired transport
permit or with a transport permit not issued by the competent authority;
b)
Transporting oversized cargo with an unexpired transport permit but the GVW or
outer size (after cargo is loaded) exceeds the limits in the transport permit.
c)
Transporting oversized cargo with valid transport permit without sticking to
the routes designated in the transport permit;
d)
Transporting oversized cargo with valid transport permit without transporting
the type of goods designated in the transport permit.
4. Apart
from incurring fines, the violator shall incur the following additional
penalties:
a) The
offence specified in clause 1 of this Article shall lead to suspension of the
driver’s license for 01 - 03 months;
b) The
offences specified in clauses 2 and 3 of this Article shall lead to suspension
of the driver’s license for 02 - 04 months;
c) The
offence specified in point a clause 3 of this Article shall lead to suspension
of the transport permit that is expired or is not issued by a competent
authority.
5. If the
bridge or road is damaged by the offences specified in clauses 1, 2 and 3 of this
Article, the violator shall be compelled to restore it to its original
condition apart from incurring the penalties.”.
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a) Point
e clause 2 of Article 28 is amended as follows:
“e) Failure
to number seats and beds on a passenger-carrying motor vehicle as prescribed;”;
b) Point
i is added after point h clause 2 of Article 28 as follows:
“i)
Failure to provide ticket refund to passengers in the case of a fixed route
covering a distance of less than 300 km.”;
c) Clause
3 of Article 28 is amended as follows:
“3. A
fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed on an
individual and from VND 4,000,000 to VND 6,000,000 on an organization that
commits any of the following offences:
a)
Loading cargo on each vehicle (including trailer and semi-trailer) beyond the
maximum permissible payload written on the certificate of technical and
environmental safety inspection by more than 50% to 100%;
b)
Failure to provide ticket refund to passengers in the case of a fixed route
covering a distance of more than 300 km;
c)
Failure to return badges to the provincial Department of Transport as
prescribed.”;
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“d)
Operating a passenger taxis without attaching the “TAXI” roof light box and
failure to attach the “XE TAXI” (“TAXI”) phrase to the front and rear
windshields as prescribed or attaching the “TAXI” roof light box or the “XE
TAXI” (“TAXI”) phrase which is removable, has incorrect dimensions or is not
made of retroreflective material); failure to affix a phone number or affixing
a phone number other than that specified in the certificate of enterprise
(cooperative) registration;”;
dd) Point
o clause 6 of Article 28 is amended as follows:
“o)
Operating a vehicle providing transportation services without installing
cameras as prescribed (if required by the law) or installing cameras without
ability to record and store images on the vehicle (including the driver and the
vehicle doors) during the vehicle's operation as prescribed or employing
technical measures, peripherals or other measures to falsify data from cameras
installed on the vehicle;”;
e) Point
p clause 6 of Article 28 is amended as follows:
“p)
Failure to provide, update, transmit, store and manage images from cameras
installed on the motor vehicle as prescribed, failure to grant accounts used to
access their servers to competent authorities as prescribed;”;
g) Clause
8 of Article 28 is amended as follows:
“8. A
fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed upon:
a) Any
entity manufacturing, assembling and importing motor vehicle trackers which
fails to assign personnel for each position as prescribed; or
b) Any
entity manufacturing, assembling and importing motor vehicle trackers which
fails to update and adjust firmware of trackers as prescribed; or
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d) Any
provider of application software assisting transport connection which fails to
provide lists of transport businesses using their software and automobiles and
drivers thereof or accounts used to access the application software assisting
transport connection to competent authorities upon request or failure to carry
out storage as prescribed.”;
h) Clause
9 of Article 28 is amended as follows:
“9. A
fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed upon:
a) Any
entity manufacturing, assembling and importing motor vehicle trackers or motor
vehicle tracking service provider which falsifies information and data from
motor vehicle trackers; or
b) Any
entity manufacturing, assembling and importing motor vehicle trackers or any
provider of hardware and software for processing and transmitting data from
cameras installed on motor vehicles which falsifies information and data from
cameras installed on motor vehicles.”.
16.
Article 29 is amended as follows:
“Article
29. Penalties for illegal manufacturing and assembly of motor vehicles; illegal
manufacturing and sale of license plates
1. A fine
ranging from VND 10,000,000 to VND 20,000,000 shall be imposed upon an
individual, from VND 20,000,000 to VND 24,000,000 upon an organization that
sells license plates that are not manufactured or allowed by competent
authorities.
2. A fine
ranging from VND 30,000,000 to VND 35,000,000 shall be imposed upon an
individual, from VND 60,000,000 to VND 70,000,000 upon an organization that
manufactures license plates that illegally manufactures or assembles motor
vehicles.
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4. Apart
from incurring penalties, the violator that commits any of the offences
specified in clause 1 and clause 2 of this Article is compelled to return the
benefits illegally obtained from administrative offences.”.
17.
Several points and clauses of Article 30 are amended as follows:
a) Clause
3 of Article 30 is amended as follows:
“3. For
each passenger carried beyond the seating capacity, a fine ranging from VND
400,000 to VND 600,000 shall be imposed upon an individual, from VND 800,000 to
VND 1,200,000 upon an organization that is the vehicle owner that allows their
employee or representative to operate the vehicle committing the offence
specified in clause 2 Article 23 of this Decree or directly operates the
vehicle committing the offence specified in clause 2 Article 23 of this Decree
(nevertheless, the total fine incurred by such individual shall not exceed VND
75,000,000; the total fine incurred by such organization shall not exceed VND
150,000,000).”;
b) Point
b clause 4 of Article 30 is amended as follows:
“b)
Failure to follow procedures for issuance of revised certificates of vehicle
registration as prescribed when changing address of vehicle owners or in other
cases as prescribed;”;
c) Clause
4a is added after clause 4 of Article 30 as follows:
“4a. For
owners of motorcycles and the like and mopeds: A fine ranging from VND 800,000
to VND 1,000,000 shall be imposed upon an individual, from VND 1,600,000 to VND
2,000,000 upon an organization which fails to comply with regulations on
license plates, except for the offences specified in points i and k clause 5 of
this Article.”;
d) Point
g clause 5 of Article 30 is amended as follows:
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dd)
Clause 6 of Article 30 is amended as follows:
“6. For
each passenger carried beyond the seating capacity, a fine ranging from VND
1,000,000 to VND 2,000,000 shall be imposed upon an individual, from VND
2,000,000 to VND 4,000,000 upon an organization that allows their employee or
representative to operate the vehicle committing the offence specified in
clause 4 Article 23 of this Decree or directly operates the vehicle committing
the offence specified in clause 4 Article 23 of this Decree (nevertheless, the
total fine incurred by such individual shall not exceed VND 75,000,000; the
total fine incurred by such organization shall not exceed VND 150,000,000).”;
e) Point
d clause 7 of Article 30 is amended as follows:
“d) Failure
to follow procedures for issuance of revised certificates of vehicle
registration as prescribed after renovating the vehicle or when changing
address of vehicle owners or in other cases as prescribed;”;
g) Point
m clause 7 of Article 30 is amended as follows:
“m)
Changing the vehicle’s color other than that specified in the certificate of
vehicle registration.”;
h) Point
g clause 8 of Article 30 is amended as follows:
“g)
Failure to comply with regulations on license plates and lettering on sides and
doors of vehicles (including trailers and semi-trailers), except for the
offences specified in point i clause 9 of this Article, points a, b, c, d and
dd clause 2 of Article 28; point b clause 3 Article 37 of this Decree;”;
i) Point
a clause 9 of Article 30 is amended as follows:
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k) Point
dd clause 9 of Article 30 is amended as follows:
“dd)
Allowing an employee or representative to operate the vehicle committing any of
the offences specified in clause 2 Article 33 hereof or directly operating the
vehicle committing the offence clause 2 Article 33 hereof;”;
l) Points
e and g clause 9 of Article 30 are amended as follows:
“e)
Operating a truck (including trailer and semi-trailer) with dimension of its
trunk that fails to meet the technical specification written on the certificate
of technical and environmental safety inspection for the truck;
g)
Operating a passenger-carrying motor vehicle with added or removed seats/beds
or dimension of its luggage compartment different from that specified in the
certificate of technical and environmental safety inspection for the vehicle;”;
m) Point
i is added after point h clause 9 of Article 30 as follows:
“i)
Operating a vehicle without a license plate (if required); operating a vehicle
with a license plate other than that specified in the certificate of vehicle
registration or with a license plate that is not issued by a competent
authority (including trailer and semi-trailer);”;
n) Clause
10 of Article 30 is amended as follows:
“10. For
owners of motor vehicles and the like, tractors and transport construction
machinery: A fine ranging from VND 14,000,000 to VND 16,000,000 shall be
imposed on an individual and from VND 28,000,000 to VND 32,000,000 on an
organization that commits any of the following offences:
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b)
Operating a vehicle without the certificate of vehicle registration or with an
expired certificate of vehicle registration; failure to operate a vehicle with
the certificate of temporary vehicle registration within the permitted time
limit or failure to operate a vehicle with restricted operation areas on the
permitted routes or within the permitted areas.”;
o) Clause
12 of Article 30 is amended as follows:
“12. For
owners of motor vehicles and the like, tractors and transport construction machinery:
A fine ranging from VND 18,000,000 to VND 20,000,000 shall be imposed on an
individual and from VND 36,000,000 to VND 40,000,000 on an organization that
commits any of the following offences:
a)
Allowing an employee or representative to operate the vehicle committing any of
the offences specified in point a, point b clause 8 Artilce 24 hereof or
directly operating the vehicle committing any of the offences specified in
point a, point b clause 8 Article 24 hereof;
b)
Allowing an employee or representative to operate the vehicle committing any of
the offences specified in clause 2 Article 25 hereof or directly operating the
vehicle committing the offence clause 2 Article 25 hereof;
c)
Allowing an employee or representative to operate the vehicle committing any of
the offences specified in clause 3 Article 33 hereof or directly operating the
vehicle committing the offence clause 3 Article 33 hereof;
p) Clause
13 of Article 30 is amended as follows:
“13. For
owners of motor vehicles and the like, tractors and transport construction
machinery: A fine ranging from VND 28,000,000 to VND 32,000,000 shall be
imposed on an individual and from VND 56,000,000 to VND 64,000,000 on an
organization that commits any of the following offences:
a)
Allowing an employee or representative to operate the vehicle committing any of
the offences specified in point a clause 3 Article 25 hereof or directly
operating the vehicle committing the offence point a clause 3 Article 25
hereof;
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c)
Allowing an employee or representative to operate the vehicle committing any of
the offences specified in point c clause 3 Article 25 hereof or directly
operating the vehicle committing the offence point c clause 3 Article 25
hereof;
d)
Allowing an employee or representative to operate the vehicle committing any of
the offences specified in point d clause 3 Article 25 hereof or directly
operating the vehicle committing the offence point d clause 3 Article 25
hereof;
dd)
Allowing an employee or representative to operate the vehicle committing any of
the offences specified in point a clause 4 Article 33 hereof or directly
operating the vehicle committing the offence point a clause 4 Article 33
hereof;
e)
Allowing an employee or representative to operate the vehicle committing any of
the offences specified in point b clause 4 Article 33 hereof or directly
operating the vehicle committing the offence point b clause 4 Article 33
hereof;
g)
Allowing an employee or representative to operate the vehicle committing any of
the offences specified in point c clause 4 Article 33 hereof or directly
operating the vehicle committing the offence point c clause 4 Article 33
hereof.”;
q) Clause
14 of Article 30 is amended as follows:
“14. A
fine ranging from VND 70,000,000 to VND 75,000,000 shall be imposed upon an
individual, from VND 140,000,000 to VND 150,000,000 upon an organization that
is the vehicle owner that allows their employee or representative to operate
the vehicle committing any of the offence specified in point a clause 5 Article
33 hereof or directly operates the vehicle committing the offence specified in
point a clause 5 Article 33 hereof.”;
r) Clause
15 of Article 30 is amended as follows:
“15.
Apart from incurring fines, the violator shall incur the following additional
penalties:
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b) The
offence(s) specified in point a clause 5, point a clause 7, point dd clause 8,
point b clause 9 of this Article shall lead to confiscation of vehicles;
c) The
offence(s) specified in points g and h clause 5; point e clause 8, point b
clause 10 of this Article in case of failure to have the certificate of vehicle
registration or using the certificate of vehicle registration that is not
issued by a competent authority, on which the vehicle’s chassis or engine
number is incorrect or which is falsified (including trailer and semi-trailer)
without any document proving the vehicle’s origin (no document concerning the
transfer of vehicle ownership or document concerning the vehicle’s legal
origin) shall lead to confiscation of the vehicle;
d) The
offence(s) specified in points g, h, i and k clause 5; points g and i clause 7;
points b, c, d, dd, e, g and i clause 8; points c, d, h and i clause 9;
clause 10; point c clause 12; point dd clause 13 of this Article in case
vehicle owners directly operate the vehicles shall lead to suspension of the
driver’s license (in case of road vehicles) and certificates of training in
traffic rules (in case of transport construction machinery) for 01 - 03 months;
dd) The
offence(s) specified in clause 11; point b clause 12; points a, b, c, d, e and
g clause 13 of this Article in case vehicle owners directly operate the
vehicles shall lead to suspension of the driver’s license (in case of road
vehicles) and certificates of training in traffic rules (in case of transport
construction machinery) for 02 - 04 months;
e) The
offence(s) specified in point a clause 12, clause 14 of this Article in case
vehicle owners directly operate the vehicles shall lead to suspension of the
driver’s license (in case of road vehicles) and certificates of training in
traffic rules (in case of transport construction machinery) for 03 - 05 months;
g) The
offence(s) specified in clauses 3 and 6 of this Article in case a vehicle owner
directly operates a vehicle exceeding the seating capacity by more than 50% -
100% shall lead to suspension of the driver’s license for 01 - 03 months;
h) The
offence(s) specified in clauses 3 and 6 of this Article in case a vehicle owner
directly operates a vehicle exceeding the seating capacity by more than 100%
shall lead to suspension of the driver’s license for 03 - 05 months;
i) The
offence(s) specified in point h clause 7, point d clause 9, point a clause 10,
clause 11, point a clause 12 of this Article where the trunk or payload of a
vehicle is not conformable with applicable regulations shall lead to suspension
of the certificate of technical and environmental safety inspection and
inspection stamp for 01 - 03 months;
k) The
offence(s) specified in points a, e and g clause 9 of this Article shall lead
to confiscation of the certificate of technical and environmental safety
inspection or inspection stamp for 01 - 03 months;
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s) Clause
16 is added after clause 15 of Article 30 as follows:
“16.
Apart from the penalties, the violator is compelled to:
a)
Restore the brand or paint color to that which is written on the certificate of
vehicle registration as prescribed if the offence specified in clause 1 or
point m clause 7 of this Article is committed;
b)
Replace it with the equipment satisfactory to technical safety standards as
prescribed (installing correct type of safety glass) if the offence specified
in point a clause 2 of this Article is committed;
c)
Correctly comply with regulations on license plates and lettering on sides and
doors of vehicles if the offence specified in clause 4a or point g clause 8 of
this Article is committed;
d)
Restore the original shape, size or technical condition of the vehicle and
apply for another registration before the vehicle is put back into operation if
the offence specified in points a, e and g clause 9 of this Article is
committed;
dd)
Adjust the trunk in accordance with applicable regulations, apply for another
registration and adjust the amount of goods in a manner that is satisfactory to
the certificate of technical and environmental safety inspection in accordance
with applicable regulations before the vehicle is put back into operation in
case of committing the offence specified in point h clause 7, point d clause 9,
point a clause 10, clause 11 or point a clause 12 of this Article where the
vehicle’s trunk or amount of goods permitted for transport are not conformable
with applicable regulations;
e)
Restore the bridge or road to its original condition in case of committing any
of the offences specified in point g, point h, point i clause 7; point c clause
8; point d, point dd clause 9; point a clause 10; clause 11; clause 12; clause
13; clause 14 of this Article, thereby damaging a bridge or road;
g) Follow
procedures for vehicle registration, transfer of vehicle ownership, replacement
or revocation of the certificate of vehicle registration, license plate or
certificate of technical and environmental safety inspection as prescribed
(except for vehicle confiscation) if any of the offences specified in point b
clause 4; points e and g clause 5; points c, d and l clause 7; point b clause
10 of this Article is committed.”.
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“Article
33. Penalties imposed upon operators of tracked vehicles; vehicles exceeding
the capacity or dimensional limit of a bridge or road (including passenger
vehicles)
1. A fine
ranging from VND 2,000,000 to VND 3,000,000 shall be imposed for failure to
comply with the transport permit, except for the offences specified in points a
and b clause 3; points b and c clause 4 of this Article.
2. A fine
ranging from VND 4,000,000 to VND 6,000,000 shall be imposed for operating a
vehicle whose GVW exceeds the capacity of the bridge or road by more than 10%
to 20%, unless it is permitted in an unexpired transport permit.
3. A fine
ranging from VND 8,000,000 to VND 10,000,000 shall be imposed for any of the
following offences:
a)
Carrying goods exceeding the dimensional limit of the bridge or road written in
the transport permit;
b)
Operating a tracked vehicle on public roads without a transport permit or with
an expired one or without taking measures to protect the road on which it is
running;
c)
Operating a vehicle whose size or cargo size exceeds the dimensional limit of
the bridge or road on which it is running, unless it is permitted in an
unexpired transport permit.
4. A fine
ranging from VND 13,000,000 to VND 15,000,000 shall be imposed for any of the
following offences:
a)
Operating a vehicle whose GVW or gross axle weight (including cargo and
passengers on the vehicle) exceeds the capacity of the bridge or road by more
than 20% to 50%, unless it is permitted in an unexpired transport permit;
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c)
Operating a vehicle with a valid transport permit without sticking to the
routes designated in the transport permit.
5. A fine
ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for any of the
following offences:
a)
Operating a vehicle whose GVW or gross axle weight (including cargo and
passengers on the vehicle) exceeds the capacity of the bridge or road by more
than 50%, unless it is permitted in an unexpired transport permit;
b)
Disobeying the order for weight or size inspection; transferring load or using
other tricks to pass the inspection.
6. Apart
from incurring fines, the violating operator shall incur the following
additional penalties:
a) The
offence(s) specified in clause 1, clause 3 and point a clause 4 of this Article
shall lead to suspension of the driver’s license (in case of motor vehicles and
the like and tractors) and the certificate of training in traffic rules (in
case of transport construction machinery) from 01 - 03 months;
b) The
offence(s) specified in point b and point c clause 4 of this Article shall lead
to suspension of the driver’s license (in case of motor vehicles and the like
and tractors) and the certificate of training in traffic rules (in case of
transport construction machinery) from 02 - 04 months;
c) The
offence specified in clause 5 of this Article shall lead to suspension of the
driver’s license (in case of motor vehicles and the like and tractors) and the
certificate of training in traffic rules (in case of transport construction
machinery) from 03 - 05 months;
7. If the
bridge or road is damaged by the offences specified in clauses 1, 2, 3, 4 and 5
of this Article, the violator shall be compelled to restore it to its original
condition apart from incurring the penalties.”.
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a) Clause
2 of Article 34 is amended as follows:
“2. A
fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed illegally
racing motorcycles, mopeds, and electric motorcycles.”;
b) Clause
3 of Article 34 is amended as follows:
“3. A
fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed illegally
racing cars.”.
20.
Article 35 is amended as follows:
“Article
35. Penalties imposed upon operators of motor vehicles bearing foreign license
plates
1. A fine
ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon an operator
of a motor vehicle bearing a foreign license plate who commits any of the
following offences:
a) The
vehicle documents are not translated into English or Vietnamese;
b)
Operating a passenger vehicle without a list of passengers as prescribed.
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a)
Operating a vehicle without a symbol for nationality recognition as prescribed;
b)
Operating a vehicle without a international transport license or international
shipping badge or without an unexpired one;
c)
Transporting passengers or cargo against the concluded Agreements or Protocols
on road transport, except for the offences specified in clauses 1, 3, 4 and 5
of this Article.
3. A fine
ranging from VND 8,000,000 to VND 10,000,000 shall be imposed for any of the
following offences:
a)
Operating a vehicle without a temporary license plate (if required) or one
issued by a competent authority;
b)
Operating a right-hand drive vehicle or a foreigner’s vehicle in Vietnam on
public roads for tourism purposes without a guiding vehicle as prescribed;
c) The
nationality of the operator of the right-hand drive vehicle or a vehicle
bearing a foreign license plate is not correct.
4. A fine
ranging from VND 10,000,000 to VND 12,000,000 shall be imposed for any of the
following offences:
a)
Operating a vehicle beyond permissible areas;
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5. A fine
ranging from VND 30,000,000 to VND 35,000,000 shall be imposed for operating a
vehicle within Vietnam’s territory 30 days or more behind schedule.
6. Apart
from incurring penalties, the vehicle operator that commits any of the offences
in point b, point c clause 2; point a clause 3; point b clause 4; clause 5 of
this Article is compelled to re-export the vehicle from Vietnam.”.
21. Point
d is added after point c clause 2 of Article 37 as follows:
“d)
Providing training to learners who fail to submit sufficient required
documents.”;
22. Point
c is added after point b clause 1 of Article 38 as follows:
c)
Failure to correctly perform the tasks assigned.”.
23. The
introductory paragraph and point a clause 3 of Article 44 are amended as
follows:
a) The
introductory paragraph of clause 3 of Article 44 is amended as follows:
“3. A
fine ranging from VND 2,000,000 to VND 3,000,000 shall be imposed upon a
passenger train driver, passenger train captain or deputy to passenger train
captain responsible for safety who commits any of the following offences:”;
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“a) The
passenger train driver, passenger train captain or deputy to passenger train
captain responsible for safety who allows the train to run without receiving a
safety signal from the traffic controller or the signaling employee;”.
24. Title
and several points and clauses of Article 66 are amended as follows:
a) Title
of Article 66 is amended as follows:
“Article
66. . Penalties incurred by train drivers, co-driver and persons directly
operating railway vehicles in service of technology lines of enterprises”;
b) The
introductory paragraph of clause 3 of Article 66 is amended as follows:
“3. A
fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed upon a train
driver or person directly operating railway vehicles in service of technology
lines of enterprises who commits any of the following offences:”;
c) Point
c clause 3 of Article 66 is amended as follows:
“c)
Operating a train or railway vehicle in service of technology lines of
enterprises that exceeds the speed limits in maximum speed order by up to 10
km/h.”;
d) Clause
4 of Article 66 is amended as follows:
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dd) The
introductory paragraph of clause 5 of Article 66 is amended as follows:
“5. A
fine ranging from VND 6,000,000 to VND 8,000,000 shall be imposed upon a train
driver or person directly operating railway vehicles in service of technology
lines of enterprises who commits any of the following offences:”;
e) Point
a clause 5 of Article 66 is amended as follows:
“a)
Operating a train or railway vehicle in service of technology lines of
enterprises that exceeds the speed limits in maximum speed order by more than
20 km/h;”.
25. Point
a clause 1 of Article 67 is amended as follows:
“a)
Failure to conduct medical check-up for railway employees directly serving
train operation under their management as prescribed by law;”.
26.
Several points and clauses of Article 74 are amended as follows:
a) Points
e and g clause 2 of Article 74 are amended as follows:
“e)
Clause 1; clause 2; point a clause 3; points a, b, c, d, dd, e, p and q clause
4; clause 5; points d, dd, e, i, m, n, o, p and q clause 6; points a, b, h and
i clause 7 of Article 28;
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b) Points
a and b clause 3 of Article 74 are amended as follows:
“a) Point
dd, point g clause 1; points g and h clause 2; points b, d, dd, e, k, r and s
clause 3; points b, d, dd, g and i clause 4; points b and c clause 5; points b
and c clause 6; point b clause 7; point c clause 8; clause 9; clause 10 of
Article 5;
b) Point
g, point n clause 1; points a, dd, h and l clause 2; points b, c, d, dd, e, i,
k, m, n and o clause 3; points b, d, e, g and h clause 4; clause 5; points a
and c clause 6; point c clause 7; clause 8; clause 9 of Article 6;”;
c) Point
h clause 3 of Article 74 is amended as follows:
“h) Point
b clause 3; points a, b, c, dd, e and k clause 5; points a, b and c clause 6;
clause 7a of Article 23;”;
d) Clause
3a is added after clause 3 of Article 74 as follows:
“3a.
Firefighting, prevention and rescue police shall, within the ambit of their
assigned functions and tasks relating to road and railway transport order and
safety, impose penalties for the offences specified in point a clause 2 Article
16; point a clause 6 Article 23; point a clause 2 Article 32; point b clause 3
Article 40; point c clause 2 Article 51; point d clause 2 Article 73.”;
dd)
Clause 4 of Article 74 is amended as follows:
“3a.
Commune-level Police Chiefs, Heads of Police Posts, Heads of Police Stations at
border gates and export processing zones shall, within the ambit of their
assigned functions and tasks relating to road and railway transport order and
safety, impose penalties for the offences specified in points, clauses and Articles
of this Decree as follows:”;
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“b)
Points g and n clause 1; points a, dd, h and l clause 2; points c, d, dd, k, m,
n and o clause 3; points b and d clause 4 of Article 6; except for causing traffic
accidents;”;
g) Point
e clause 4 of Article 74 is amended as follows:
“e)
Clauses 1, 2, 6 and 7 of Article 11;”;
h) Point
g clause 5 of Article 74 is amended as follows:
“g)
Clauses 1 through 6; point b clause 7 of Article 16;”;
i) Point
i clause 5 of Article 74 is amended as follows:
“i)
Clause 3; point b clause 4; clause 6; clause 8; clause 9 of Article 21;”;
k) Point
l clause 5 of Article 74 is amended as follows:
“l)
Points a and b clause 1; points a, b, d and dd clause 2; clause 3; clause 4;
clause 5; clause 6; clause 7; points a and b clause 8; clause 8a of Article
24;”;
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“n) Point
a clause 2; clause 3; clause 6; points a, g, h, i and m clause 7; clause 8;
clause 9; clause 10; clause 11; clause 12; clause 13; clause 13; clause 14 of
Article 30;”;
m) Point
p clause 5 of Article 74 is amended as follows:
“p)
Clause 1; point b, point c clause 2; point c clause 3; clause 4; clause 5 of
Article 35;”.
27.
Article 75 is amended as follows:
“Article
75. Power to impose penalties of People’s Committees at all levels
1.
Chairmen/Chairwomen of communal People’s Committees have the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 5,000,000 for road traffic offences and rail transport offences;
c)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences, the value of which does not exceed VND 10,000,000.
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2.
Chairmen/Chairwomen of district-level People’s Committees have the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 37,500,000 for road traffic offences and rail transport
offences;
c)
Suspend the license or practicing certificate or suspend the operation;
d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences;
dd)
Enforce the remedial measures specified in points a, b, c, dd and e clause 1
Article 4 of this Decree.
3.
Chairmen/Chairwomen of provincial People’s Committees have the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 75,000,000 for road traffic offences and rail transport
offences;
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d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences;
dd)
Enforce the remedial measures specified in clause 1 Article 4 of this Decree.”.
28.
Article 76 is amended as follows:
“Article
76. Power to impose penalties of the People’s Public Security
1.
Soldiers of the People’s Public Security in the performance of their duty have
the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 500,000 for road traffic offences and rail transport
offences.
2. Heads
of company-level Mobile Police units, Station Heads and Team Leaders
supervising the persons defined in clause 1 of this Article have the power to:
a) Issue
warnings;
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3.
Commune-level Police Chiefs, Heads of Police Posts, Heads of Police Stations at
border gates, export processing zones and Majors of Mobile Police Battalions
have the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 2,500,000 for road traffic offences and rail transport
offences;
c)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences, the value of which does not exceed VND 5,000,000;
d)
Enforce the remedial measures specified in points a and c clause 1 Article 4 of
this Decree.
4.
District-level Police Chiefs; the Head of the Professional Division of the
Traffic Police Department; the Head of the Professional Division of the Police
Department for Administrative Management of Social Order, the Head of the Professional
Division of the Department of Fire Prevention, Fighting and Rescue; the Chiefs
of provincial Police Departments including Chiefs of Police Divisions for
Administrative Management of Social Order, Chiefs of Traffic Police Divisions,
Chiefs of Road and Railway Traffic Police, Chiefs of Road Traffic Police
Divisions, Chiefs of Mobile Police Divisions, Chiefs of Firefighting,
Prevention and Rescue Police Divisions and Colonels of Mobile Police Regiments
have the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 15,000,000 for road traffic offences and rail transport
offences;
c)
Suspend the license or practicing certificate or suspend the operation;
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dd)
Enforce the remedial measures specified in points a, b and e clause 1 Article 4
of this Decree.
5.
Directors of provincial Police Departments have the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 37,500,000 for road traffic offences and rail transport
offences;
c)
Suspend the license or practicing certificate or suspend the operation;
d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences;
dd)
Enforce the remedial measures specified in points a, c, dd and e clause 1
Article 4 of this Decree.
6.
Director General of the Traffic Police Department, Director General of the
Police Department for Administrative Management of Social Order, Director
General of the Firefighting, Prevention and Rescue Police Department and
Commander of the Mobile Police have the power to:
a) Issue
warnings;
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c)
Suspend the license or practicing certificate or suspend the operation;
d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences;
dd)
Enforce the remedial measures specified in points a, c, dd and e clause 1
Article 4 of this Decree.”.
29.
Article 77 is amended as follows:
“Article
77. Power to impose penalties of specialized inspectors, seaport authorities,
airport authorities, inland waterways port authorities
1.
Inspectors and persons authorized to perform specialized inspection tasks in
the performance of their duty have the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 500,000 for road traffic offences and rail transport
offences;
c)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences, the value of which does not exceed VND 1,000,000;
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2. Chief
Inspectors of Provincial Departments of Transport, Chief Inspectors of
Provincial Departments of Natural Resources and Environment, Chief Inspector of
Civil Aviation Authority of Vietnam, Chief Inspector of Vietnam Maritime
Administration, chiefs of local road authorities affiliated to Directorate for
Roads of Vietnam, chief of inspectorates of Provincial Departments of
Transport, chief of inspectorates of Provincial Departments of Natural
Resources and Environment, chiefs of inspectorates of Vietnam Environment
Administration, chiefs of inspectorates of Directorate for Roads of Vietnam,
chiefs of inspectorates of Vietnam Railway Administration, chiefs of
inspectorates of local road authorities affiliated to Directorate for Roads of
Vietnam have the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 37,500,000 for road traffic offences and rail transport
offences;
c)
Suspend the license or practicing certificate or suspend the operation;
d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences, the value of which does not exceed VND 75,000,000;
dd)
Enforce the remedial measures specified in clause 1 Article 4 of this Decree.
3. Chiefs
of inspectorates of the Ministry of Transport and the Ministry of Natural
Resources and Environment have the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 52,500,000 for road traffic offences and rail transport
offences;
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d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences, the value of which does not exceed VND 105,000,000;
dd)
Enforce the remedial measures specified in clause 1 Article 4 of this Decree.
4. Chief
Inspector the Ministry of Transport, Chief Inspector of the Ministry of Natural
Resources and Environment, Director General of Vietnam Environment
Administration, Director General of Directorate for Roads of Vietnam, Director
General of Vietnam Railway Administration, Director General of Vietnam Maritime
Administration, Director General of Civil Aviation Authority of Vietnam and
Director General of Vietnam Inland Waterway Administration have the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 75,000,000 for road traffic offences and rail transport
offences;
c)
Suspend the license or practicing certificate or suspend the operation;
d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences;
dd)
Enforce the remedial measures specified in clause 1 Article 4 of this Decree.
5. Chief
representatives of seaport authorities, airport authorities and inland waterway
port authorities have the power to:
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b) Impose
a fine of up to VND 10,000,000 for road traffic offences.
6.
Directors of seaport authorities, airport authorities and inland waterway port
authorities affiliated to Vietnam Inland Waterway Administration have the power
to:
a) Issue
warnings;
b) Impose
a fine of up to VND 50,000,000 for road traffic offences;
c)
Suspend the license or practicing certificate or suspend the operation;
d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences;
dd)
Enforce the remedial measures specified in points a, b, c, dd and e clause 1
Article 4 of this Decree.”.
30.
Several points and clauses of Article 80 are amended as follows:
a) Clause
1 of Article 80 is amended as follows:
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b) Clause
2 of Article 80 is amended as follows:
“2. If
the owner of the violating vehicle is not present at the scene of the
violation, the competent person shall rely on the violation to make an
administrative violation record and impose penalties as prescribed by law. The
vehicle operator shall sign the record as a witness.”;
c) Point
a clause 3 of Article 80 is amended as follows:
“a)
Penalties for the offences against regulations on license plates, certificates
of vehicle registration and certificates of temporary vehicle registration
specified in Article 16 (point a, point b clause 4; points a, b and d clause 6;
point a clause 7), Article 17 (clause 2; point a clause 3), Article 19 (point a
clause 1; points a, d, dd and e clause 2) and corresponding offences specified
in Article 30 (point 4a; points g, h and k clause 5; points e and g clause 8;
point i clause 9; point b clause 10) in case vehicle owners directly operate
the vehicles shall be imposed according to corresponding points and clauses of
Article 30 of this Decree;”;
d) Point
b clause 3 of Article 80 is amended as follows:
“b)
Penalties for the offences against regulations on certificates and technical
and environmental safety inspection stamps of vehicles specified in Article 16
(point a clause 5; points b and c clause 6), Article 19 (point dd clause 1;
points c and e clause 3) and corresponding offences specified in Article 30
(points b and e clause 8; point c clause 9) in case vehicle owners directly
operate the vehicles shall be imposed according to corresponding points and
clauses of Article 30 of this Decree;”;
dd)
Points d, dd and e clause 3 of Article 80 are amended as follows:
“d)
Penalties for the offences against regulations on service life of vehicles
specified in Article 16 (point b clause 7) and corresponding offences specified
in Article 28 (point i clause 6), Article 30 (point dd clause 8) in case
vehicle owners or transport service providers directly operate the vehicles
shall be imposed according to point i clause 6 Article 28 or point dd clause 8
Article 30 of this Decree;
dd)
Penalties for the offences against regulations on trunks, luggage compartments,
removal or addition of seats and beds on motor vehicles specified in Article 16
(point d clause 3, point c clause 4) and corresponding offences specified in
Article 30 (point e, point g clause 6) in case vehicle owners directly operate
the vehicles shall be imposed according to corresponding points and clauses of
Article 30 of this Decree;
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e) Point
k clause 3 of Article 80 is amended as follows:
“k)
Penalties for the offences against regulations on picking up and disembarking
passengers, loading and unloading cargo specified in Article 23 (clause 7a),
Article 24 (clause 8a) and corresponding offences specified in Article 28
(point i clause 7) in case transport service providers directly operate the
vehicles shall be imposed according to point i clause 6 Article 28 of this
Decree;”;
g) Clause
4 of Article 80 is amended as follows:
“4.
Regarding the offences against regulations vehicular weight and dimensional
limits of vehicles, bridges and roads specified in Articles 24, Article 33 of
this Decree if the vehicle owner or vehicle operator commits both offences
specified in Article 24 and offences specified in Article 33 of this Decree,
he/she shall incur a penalty for each offence; regarding the offences against
regulations specified in point a clause 4 and point a clause 5 of Article 33 of
this Decree, if the vehicle owner or vehicle operator commits both offences
against regulations on GVW and offences against regulations on gross axle
weight, the higher fine shall be imposed.;”
h) Point
c clause 5 of Article 80 is amended as follows:
“c) The
offence(s) specified in Points g, h and i clause 7; point c clause 8; points d
and dd clause 9; point a clause 10; clause 11; clause 12; clause 13; clause 14
of Article 30 shall lead to unloading of the cargo exceeding permissible
payload and exceeding dimensional limits as instructed by competent authorities
at the scene of the offences;”;
i) Point
e is added after point dd clause 5 of Article 80 as follows:
“e) The
offence(s) specified in clauses 2 and 4 of Article; clauses 3 and 6 of Article
30 (in case of passenger transportation) shall lead to enforced provision of
another vehicle for carrying the excess passengers.”;
k) Clause
7 of Article 80 is amended as follows:
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31.
Clause 2 of Article 81 is amended as follows:
“2. In
case an individual or organization incurs a fine for multiple administrative
offences, the fine shall be a sum of fines for all of the offences. If the
offences are punishable by suspension of the license or practicing certificate,
the maximum suspension duration of the most severe offence shall apply.”
32.
Several points and clauses of Article 82 are amended as follows:
a) Clause
1 of Article 82 is amended as follows:
“1.
Pursuant to clauses 2 and 8 Article 125 of the Law on Handling of
Administrative Violations (amended in 2020), to immediately stop the violation,
the person entitled to impose penalties is allowed to impound the vehicle
before issuing a decision on to impose penalties for the offences specified in
the following Articles, clauses and points of this Decree:
a) Point
c clause 6; points a and c clause 8; clause 10 of Article 5;
b) Points
b and c clause 6; point c clause 7; points a, b, c, d, e, g, h and i clause 8;
clause 9 of Article 6;
c) Point
c clause 6; point b clause 7; points a and b clause 8; clause 5 of Article 7;
d) Point
q clause 1; point e clause 3; punts a, c, d and dd (if the violating vehicle
operator is under 16 years of age), point g (if the violating vehicle operator
is under 16 years of age) clause 4 of Article 8;
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c) Points
a and b clause 4; clause 5; points a, b and c clause 6 of Article 16;
g) Points
a, b and c clause 2 of Article 17;
h) Points
b and dd clause 1; points c, d, dd and e clause 2 of Article 19;
i) Clause
1; point a clause 4; clause 5; clause 6; clause 7; clause 8; clause 9 of
Article 21;
k) Points
dd, g, h and k clause 5; points b, e and h clause 8; points c and i clause 9;
point b clause 10 of Article 30;
l) Point
b clause 5 of Article 33.”;
b) Clause
2 of Article 82 is amended as follows:
“2. To
ensure the implementation of the penalty imposition decision or to verify the
facts before issuing the penalty imposition decision, the person entitled to
impose penalties may impound the vehicle and papers related to the operator
that commits one of the offences in this Decree according to clause 6 and
clause 8 Article 125 of the Law on Handling of Administrative Violations
(amended in 2020). When the papers are impounded according to clause 6 Article
125 of the Law on Handling of Administrative Violations, if the violator fails
to settle the case at a competent agency after the arranged date and keeps
operating the vehicle, that person shall incur a penalty for operating a
vehicle without papers.”.
33. Some
words and phrases are added to the following Articles, clauses and points:
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b) The
phrase “điểm d khoản 7” (“point d clause 7;”) is added after the phrase “khoản
6” (“clause 6”) in point a clause 5 of Article 74;
c) The
phrase “điểm a” (“point a”) is added before the phrase “khoản 3” (“clause 3”)
in clause 6 of Article 75; point dd clause 1 of Article 79; point b clause 5 of
Article 80.
34. Some
words and phrases in the following Articles, clauses and points are replaced:
a) The
phrase “điểm a, điểm b khoản 6; điểm a, điểm c khoản 7” (“point a, point b
clause 6; point a, point c clause 7”) in point a clause 1 of Article 5 is
replaced with the phrase “điểm a khoản 6; điểm a, điểm c, điểm d khoản 7”
(“point a, clause 6; point a, point c, point d clause 7”);
b) The
phrase “điểm b khoản 6” (“point b clause 6”) in point h clause 2, point e
clause 3, point d clause 4 of Article 5 is replaced with the phrase “điểm d khoản
7” (“point d clause 7”);
c) The
phrase “điểm h, điểm i khoản 5” (“point h, point i clause 5”) in point b clause
11 of Article 5 is replaced with the phrase “điểm i khoản 5” (“point i clause
5”);
d) The
phrase “1.000.000 đồng đến 2.000.000 đồng” (“from VND 1,000,000 to VND
2,000,000”) under the title of clause 4 Article 5, clause 5 Article 7, clause 7
Article 47 is replaced with the phrase “2.000.000 đồng đến 3.000.000 đồng”
(“from VND 2,000,000 to VND 3,000,000”).
dd) The
phrase “3.000.000 đồng đến 5.000.000 đồng” (“from VND 1,000,000 to VND
2,000,000”) under the title of clause 5 Article 5, clause 8 Article 47 is
replaced with the phrase “4.000.000 đồng đến 6.000.000 đồng” (“from VND
4,000,000 to VND 6,000,000”);
e) The
phrase “điểm d, điểm g, điểm i, điểm m khoản 3” (“point d, point g, point i,
point m clause 3”) in point a clause 1 of Article 6 is replaced with the phrase
“điểm a, điểm d, điểm g, điểm i, điểm m khoản 3” (“point a, point d, point g,
point i, point m clause 3”);
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h) The
phrase “điểm b khoản 6 Điều 33” (“point b clause 6 Article 33”) in clause 9
Article 11 is replaced with the phrase “điểm b khoản 5 Điều 33” (“point b
clause 5 Article 33”);
i) The
phrase “200.000 đồng đến 400.000 đồng” (“from VND 200,000 to VND 400,000”)
under the title of clause 1 Article 5, clause 2 Article 7, clause 1 Article 42,
clause 1 Article 43, clause 1 Article 46 is replaced with the phrase “từ
300.000 đồng đến 400.000 đồng” (“from VND 300,000 to VND 400,000”);
k) The
phrase “200.000 đồng đến 300.000 đồng” (“from VND 200,000 to VND 300,000”)
under the title of clause 2 Article 6, clause 3 Article 8, clause 2 Article 18,
clause 4 Article 47 is replaced with the phrase “từ 300.000 đồng đến 400.000 đồng”
(“from VND 300,000 to VND 400,000”);
l) The
phrase “từ 200.000 đồng đến 300.000 đồng đối với cá nhân, từ 400.000 đồng đến
600.000 đồng đối với tổ chức” (“a fine ranging from VND 200,000 to VND 300,000
shall be imposed on an individual and from VND 400,000 to VND 600,000 on an
organization”) under the title of clause 2 Article 15 is replaced with the
phrase “từ 300.000 đồng đến 400.000 đồng đối với cá nhân, từ 600.000 đồng đến
800.000 đồng đối với tổ chức” (“a fine ranging from VND 300,000 to VND 400,000
shall be imposed on an individual and from VND 600,000 to VND 800,000 on an
organization”);
m) The
phrase “300.000 đồng đến 400.000 đồng” (“from VND 300,000 to VND 400,000”)
under the title of clause 2 Article 17, clause 1 Article 19 is replaced with
the phrase “800.000 đồng đến 1.000.000 đồng” (“from VND 800,000 to VND
1,000,000”);
n) The
phrase “800.000 đồng đến 1.000.000 đồng” (“from VND 8,00,000 to VND 1,000,000”)
under the title of clause 3 Article 17 is replaced with the phrase “2.000.000 đồng
đến 3.000.000 đồng” (“from VND 2,000,000 to VND 3,000,000”);
o) The
phrase “tổng mức phạt tiền tối đa không vượt quá 40.000.000 đồng” (“the total
fine incurred by such operator shall not exceed 40,000,000”) in clause 2,
clause 4 Article 23 is replaced with the phrase “tổng mức phạt tiền tối đa
không vượt quá 75.000.000 đồng” (“the total fine incurred by such operator
shall not exceed 75,000,000”);
p) The
phrase “điểm a khoản 7” (“point a clause 7”) in point dd, point e, point k
clause 5 of Article 23 is replaced with the phrase “khoản 7a” (“clause 7a”);
q) The
phrase “có thiết kế từ từ 09 chỗ” in point c clause 4 of Article 28 is replaced
with the phrase “có thiết kế từ 09 chỗ”;
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s) The
phrase “tháo dỡ” (“dismantle”) in point b clause 1, point a clause 2, point l
clause 3 Article 4; point a clause 12 Article 11; point dd clause 10 Article
12; point a clause 2 Article 14; point g clause 6 Article 51; point b clause 4
Article 52; point d, point dd, point e, point g clause 5 Article 53; point dd
clause 2, point c clause 5 of Article 54 is replaced with the phrase “điểm d
khoản 7” (“point d clause 7”) is replaced with the phrase “phá dỡ” (“destroy”);
t) The
phrase “Đối với những hành vi phạm quy định về tải trọng, khổ giới hạn của
phương tiện, của cầu, đường được quy định tại Điều 24, Điều 28, Điều 30, Điều
33, Điều 65 của Nghị định này” (“Regarding the offences against regulations on
vehicular weight and dimensional limits of vehicles, bridges and roads
specified in Article 24, Article 28, Article 30, Article 33 and Article 65 of
this Decree) under the title of clause 5 of Article 80 is replaced with the
phrase “Đối với các hành vi vi phạm quy định về chở người vượt quá quy định được
phép chở của phương tiện, vi phạm quy định về tải trọng, khổ giới hạn của
phương tiện, của cầu, đường được quy định tại Điều 23, Điều 24, Điều 28, Điều
30, Điều 33, Điều 65 của Nghị định này” (“Regarding the acts of carrying
passengers exceeding the vehicle’s seating capacity and committing offences
against regulations on vehicular weight and dimensional limits of vehicles,
bridges and roads in Article 23, Article 24, Article 28; Article 30, Article 33
and Artilce 65 of this Decree”.
35. Some
words and phrases are removed from the following Articles, clauses and points:
a) The
phrase “công lập” (“public”) is removed from point c clause 2 Article 2; the
phrase “, tổ hợp tác” (“cooperative groups”) is removed from clause 3 Article
2;
b) The
phrase “hoặc tái phạm hành vi quy định tại điểm b khoản 7 Điều này,” (“or
recidivism of offence(s) specified in point b clause 7 of this Article,” is
removed from point d clause 11 of Article 5;
c) The
phrase “điểm đ” (“point dd”) is removed from point b clause 10 of Article 6;
d) The
phrase “kinh doanh vận tải, dịch vụ hỗ trợ vận tải” (“transport service,
transport auxiliary service”) is removed from title of clause 1 of Article 28.
36. The
following points, clauses and Articles are abrogated:
a) Point
h clause 5 of Article 5;
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c) Points
d and dd clause 3 of Article 8;
d) Clause
3 of Article 11;
dd) Point
b clause 1 of Article 17;
e) Point
g clause 5, point a clause 7 of Article 23;
g) Point
a clause 3, point c clause 6 of Article 24;
h) Point
clause 2; point c clause 4; points dd and k clause 7 of Article 30;
i) Clause
11 of Article 80;
k)
Article 83.
Article 3. Amendments and abrogation of some Articles of
Government’s Decree No. 162/2018/ND-CP dated November 30, 2018 on penalties for
administrative civil aviation offences
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“Article
4a. Prescriptive time limits for imposing administrative penalties for offences
1. The
prescriptive time limits for imposition of penalties for aviation offences
shall be 01 year, the prescriptive time limits for imposition of penalties for
administrative offences against regulations on fees and charges; price
management; construction of aviation facilities; environmental protection in
aviation sector; land of airports and aerodromes; sale of goods at airports;
sale of banned and counterfeit goods shall be 02 years.
2.
Completed administrative offences
a) The
offence specified in point k clause 1 Article 7 of this Decree. The ending date
of such offence is the date of completing the maintenance of the aircraft,
engine, propeller or equipment of the aircraft at an aircraft maintenance
facility which does not obtain appropriate approved rating;
b) The
offence specified in point b clause 2 Article 7 of this Decree. The ending date
of such offence is the date of completing the inspection or calibration of the
equipment serving aircraft maintenance and repair at an unlicensed facility;
c) The
offences specified in point a clause 3 Article 10; point d clause 1 Article 14;
point d clause 1 Article 20; point a, point b clause 1 Article 23 and point c
clause 1 Article 29 of this Decree. The ending date of such an offence relating
to report submission is the prescribed reporting deadline;
d) The
administrative offences other than those specified in points a, b and c of this
Article which had been completed before the competent person discovered such
offences are treated as completed ones. The ending dates of the offences begin
from the date on which such offences are completed.
3. The
administrative offences other than those specified in clause 2 of this Article are
treated as in-progress ones:”.
2. Point
a clause 2 of Article 8 is amended as follows:
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3. Points
and clauses of Article 9 is amended as follows:
a) Point
e clause 2 of Article 9 is amended as follows:
“e)
Failure to update, amend or supplement the aerodrome operation literature or
facility operation literature when there is any change to technical
specifications of facilities and equipment within an aerodrome, aircraft
operation procedures, procedures for operation and provision of services within
an aerodrome or at the request of a competent authority; failure to request a
competent authority to approve changes to technical specifications of
facilities and equipment within an aerodrome, aircraft operation procedures,
procedures for operation and provision of services within an aerodrome.”;
b) Points
a and b clause 3 of Article 9 are amended as follows:
“a)
Failure to publish aeronautical information according to regulations on
publication of aeronautical information upon construction, renovation, upgrade,
maintenance and repair of facilities and installation, maintenance and repair
of equipment within an airport or aerodrome affecting operations at the airport
or aerodrome or repair of unexpected damage to runways, taxiways, aprons and
equipment serving air navigation directly menacing aviation safety and
security;
b)
Failure to correctly implement the construction measures or construction plan
as prescribed upon construction, renovation, upgrade or repair of facilities in
an airport or aerodrome;”;
c) Points
k and l are added to clause 3 of Article 9 as follows:
“k)
Changing the time of construction, renovation, upgrade, maintenance or repair
of facilities or installation, maintenance or repair of equipment within an
airport or aerodrome affecting flight activities as notified according to
regulations on publication of aeronautical information without reaching an
agreement with authorities and organizations concerned before following the
procedures for notifying the change;
l)
Failure to correctly implement the plan to maintain security, safety and
environmental hygiene during construction, renovation, upgrade, maintenance or
repair of facilities or installation, maintenance or repair of equipment within
an airport or aerodrome as prescribed.”.
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“d)
Failure to implement the construction measures or construction plan as
prescribed upon construction, renovation, upgrade or repair of facilities in an
airport or aerodrome;”;
dd)
Points dd and e are added to clause 4 of Article 9 as follows:
“dd)
Failure to examine the conditions of runways, taxiways and aprons to remove
foreign object debris;
e)
Failure to implement the plan to maintain security, safety and environmental
hygiene during construction, renovation, upgrade, maintenance or repair of
facilities or installation, maintenance or repair of equipment within an
airport or aerodrome as prescribed.”;
e) Point
k clause 5 of Article 9 is amended as follows:
“k)
Installing light boards and advertisement panels using rotary lamp, laser light
protector and lighting device within an airport or aerodrome or its vicinity
which interfere with the flight activities in the airport or aerodrome;”;
g) Point
m clause 5 of Article 9 is amended as follows:
“m)
Constructing, renovating, upgrading, maintaining or repairing facilities or
installing, maintaining or repairing equipment within an airport or aerodrome
without obtaining the competent authority’s approval for the aviation security
and safety assurance plan;”;
h) Points
n and o are added to clause 5 of Article 9 as follows:
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o)
Constructing, renovating, upgrading, maintaining or repairing facilities or
installing, maintaining or repairing equipment within an airport or aerodrome
without obtaining the competent authority’s approval for the construction
plan.”;
i) Point
d is added after clause 8 of Article 9 as follows:
“d) Being
compelled to make adjustments so that it conforms to the airport or aerodrome
planning or general floor plan approved by the competent authority if the
offence specified in point n clause 5 of this Article is committed.”.
4.
Several points and clauses of Article 10 are amended as follows:
b) Points
a, b and c clause 1 of Article 10 are amended as follows:
“a)
Providing non-aviation services at an airport without ensure satisfaction of
standards and quality of sold services and products; failure to openly post
prices of services and products; failure to ensure that products are duly
marked; failure to have the certificate of product quality and certificate
goods origin;
b)
Placing advertising panels or use of fliers and sound for advertisement in the
air operations area or at emergency exits of the facilities at an airport or
aerodrome;
c) Using
sound for advertisement in facilities of the airport/aerodrome infrastructure;
in other facilities causing interference with aviation services;”;
b) Points
d and dd are added to clause 1 of Article 10 as follows:
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dd)
Constructing advertising works and installing advertising facilities causing
interference with the aesthetic and architectural features of the terminals and
the signs inside the terminals.”;
c) Point
e is added to clause 2 of Article 10 as follows:
“e)
Installing electronic devices and screens for advertisement on the ground
vehicles operating in restricted areas of the airport/aerodrome or the
equipment in the apron.”;
d) Point
dd is added to clause 4 of Article 10 as follows:
“dd)
Providing non-aviation services in air operations areas against regulations.”;
dd) Point
g is added to clause 5 of Article 10 as follows:
“g)
Failure to maintain the fulfillment of conditions for operating facilities and
equipment of the airport/aerodrome and failure to provide aviation services in
accordance with applicable standards and technical regulations.”.
5. Clause
6 of Article 11 is amended as follows:
“6.
Additional penalties:
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b)
Suspend the license for 03 - 05 months if an aviation staff member commits the
offence prescribed in clause 2 or point a, b, c, d, dd, e or l clause 3, clause
4 or point g clause 5 of this Article.”.
6. Points
dd, e and g are added to clause 1 of Article 14 as follows:
“dd)
Failure to formulate a fuel monitoring plan as prescribed;
e)
Failure to send the fuel monitoring plan as prescribed;
g)
Failure to submit the emission report regarding an international flight; fuel
use report regarding a domestic flight as prescribed.”.
7. Title
of Section 4 in Chapter II is amended as follows:
“Section
4. OFFENCES AGAINST REGULATIONS ON WORK PERFORMANCE AS PER WORK INSTRUCTION
MANUAL, WORK PERFORMANCE PROCEDURE AND JOB REQUIREMENTS BY AVIATION STAFF AND
OTHER EMPLOYEES; PROFESSIONAL TRAINING AND COACHING COURSES, EMPLOYMENT AND
MEDICAL EXAMINATION FOR AVIATION STAFF
8. Title
and several points and clauses of Article 16 are amended as follows:
a) Title
of Article 16 is amended as follows:
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b) Point
d clause 2 of Article 16 is amended as follows:
“b)
Performing duties against the work instruction manual, work performance
procedure and job requirements, except for the cases in point b clause 3; point
dd clause 4 and point d clause 5 of this Article;”;
c) Points
a and b clause 3 of Article 16 are amended as follows:
“a)
Performing duties against the work instruction manual, work performance
procedure and job requirements resulting in influence on civil aviation
activities except but not menacing aviation security and safety, except for the
cases in point b clause 3; point dd clause 4 and point d clause 5 of this
Article;
b)
Performing the duty of maneuvering an aircraft, controlling air traffic,
maintaining or repairing an aircraft and its equipment, formulating an aircraft
maintenance plan, generating aircraft maintenance data or ensuring aircraft
engineering against the work instruction manual, work performance procedure and
job requirements;”;
d) Point
d clause 3 of Article 16 is amended as follows:
“d)
Failure to fulfill duties of aviation staff as stated in the issued or
recognized aviation staff license or professional certificate, except for the
cases in point b clause 4 and point e clause 5 of this Article.”;
dd) Point
a clause 4 of Article 16 is amended as follows:
“a)
Perform duties against the work instruction manual, work performance procedure
and job requirements resulting in menacing aviation security and safety, except
for the cases in point b clause 3, point dd clause 4 and point d clause 5 of
this Article;”;
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“c)
Failure to fulfill duties of aviation staff as stated in the issued or
recognized aviation staff license or professional certificate resulting in
menacing aviation security and safety, except for the cases in point b clause 4
and point e clause 5 of this Article;
dd)
Performing the duty of maneuvering an aircraft, controlling air traffic,
maintaining or repairing an aircraft and its equipment, formulating an aircraft
maintenance plan, generating aircraft maintenance data or ensuring aircraft
engineering against the work instruction manual, work performance procedure and
job requirements or cooperation procedures resulting in influence on civil
aviation activities but not menacing aviation security and safety, except for
the cases in point b clause 3 and point d clause 5 of this Article;”;
g) Point
a clause 5 of Article 16 is amended as follows:
“a) Using
an aviation staff license, rating, professional certificate, fit for work
certificate or certificate of English language proficiency not issued by a
competent authority;”;
h) Point
d clause 5 of Article 16 is amended as follows:
“d)
Performing the duty of maneuvering an aircraft, controlling air traffic,
maintaining or repairing an aircraft and its equipment, formulating an aircraft
maintenance plan, generating aircraft maintenance data or ensuring aircraft
engineering against the work instruction manual, work performance procedure and
job requirements resulting in menacing aviation security and safety;”;
i) Points
a and b clause 7 of Article 16 are amended as follows:
“a)
Suspend the license for 01 - 03 months if an aviation staff member commits the
any of offences prescribed in point a, c or h clause 4, point b, d, dd, e or g
clause 5 or point c clause 6 of this Article;
b)
Suspend the license for 03 - 05 months if an aviation staff member commits the
offence prescribed in point a clause 6 of this Article;”.
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a) Title
of Article 18 is amended as follows:
“Article
18. Offences against regulations on professional training, refresher training
and coaching courses for aviation staff”;
b) Clause
1 of Article 18 is amended as follows:
“1. A
fine ranging from VND 5,000,000 (five million) to VND 10,000,000 (ten million)
shall be imposed for hiring or asking another person to do the test or
impersonating the candidate or assisting the candidate in doing his/her
professional knowledge test; aviation English language proficiency test;
c) Points
b, c and d clause 2 of Article 18 are amended as follows:
“b)
Providing a professional training, refresher training or coaching course on
aviation against the training program; failure to provide sufficient training
hours as regulated;
c)
Employing unqualified teachers to provide professional training, refresher
training or coaching courses on aviation;
d)
Failure to archive or insufficiently archiving training and coaching documents
as prescribed.”;
d) Point
d clause 3 of Article 18 is amended as follows:
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dd)
Clause 5 of Article 18 is amended as follows:
“5. Remedial
measures:
Enforced
invalidation of the result if the offence prescribed in clause 1 of this
Article is committed.”.
10.
Clause 4 of Article 19 is amended as follows:
“4. A
fine ranging from VND 30,000,000 (thirty million) to VND 40,000,000 (forty million)
shall be imposed for any of the following offences:
a)
Failure to maintain the fulfillment of eligibility requirements regarding
organizational structure; facilities and equipment; medical examination and
assessment procedures; personnel as stated in the aviation medical center
certificate granted by a competent authority;
b)
Failure to operate an approved quality assurance system or equivalent as
prescribed.”.
11.
Clause 1 of Article 21 is amended as follows:
“1. A
fine ranging from VND 3,000,000 (three million) to VND 5,000,000 (five million)
shall be imposed for dropping or flying equipment, items and other objects in
the air affecting flight activities.”.
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a) Point
b clause 1 of Article 22 is amended as follows:
“b)
Failure to notify the competent authority as prescribed of changes subject to
notification; notification contents;”;
b) Point
c is added to clause 1 of Article 22 as follows:
“c)
Failure to post or disclose hotline as prescribed.”.
13.
Points g, h and i are added to clause 1 of Article 23 as follows:
“g)
Failure to notify operations of representative offices and ticket offices of
foreign airlines to the competent authority as of the date of issue of the
license as prescribed;
h)
Failure to operate at the head office as of the date of issue of the license to
set up representative office or ticket office of the foreign airline; failure
to post on a newspaper issued in Vietnam as prescribed;
i)
Failure to notify the competent authority of the change of personnel who is a
foreigner.”.
14.
Points l and m are added to clause 3 of Article 24 as follows:
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m)
Failure to notify or insufficiently notify non-refundable advance compensation
as prescribed.”.
15. Title
and several points and clauses of Article 25 are amended as follows:
a) Title
of Article 25 is amended as follows:
“Article
25. Offences against regulations on management and use of aviation security
control badges and permits and identity documents”;
b) Points
a, b and c clause 2 of Article 25 are amended as follows:
“a) Using
an aviation security control badge or permit or aviation security or safety
inspector card or quality service inspector card of another person to enter
restricted areas in an airport or aerodrome or board an aircraft;
b) Using
an indentity document not issued by a competent authority or; ticket or
boarding pass not issued by a competent airline or using an identity document,
ticket or boarding pass of another person to enter the secure area or board an
aircraft or allowing another person to enter the secure area or board an
aircraft;
c)
Letting another person use the aviation security control badge or permit or
aviation security or safety inspector card or quality service inspector card of
another person to enter restricted areas in an airport or aerodrome or board an
aircraft.”;
c) Clause
3 of Article 25 is amended as follows:
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16. Point
a clause 9 of Article 26 is amended as follows:
“a)
Suspend the license for 01 - 03 months if an aviation staff member commits the
any of offences prescribed in point a clause 4, point b, c, dd, i or l clause 5
or point b clause 6 of this Article;”.
17.
Several points and clauses of Article 27 are amended as follows:
a) Point
i is added after clause 2 of Article 27 as follows:
“i)
Failure to provide the consignment security declaration to the transit or
transfer airport/aerodrome operator and the airline as prescribed.”;
b) Point
a clause 3 of Article 27 is amended as follows:
“a)
Failure to correctly the aviation security program or aviation security
regulation approved by the competent authority;”;
c) Point
a clause 4 of Article 27 is amended as follows:
“a)
Failure to have an aviation security program or aviation security regulation
approved by a competent authority;”.
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“6.
Additional penalties:
Suspend
the license for 01 - 03 months if an aviation staff member commits the offence
prescribed in point a clause 4 of this Article.”.
19.
Clause 5 of Article 30 is amended as follows:
“5.
Additional penalties:
Suspend
the license for 01 - 03 months if an aviation staff member commits any of the
offences prescribed in point b clause 2 or clause 3 of this Article.”.
20.
Several points and clauses of Article 31 are amended as follows:
a) Point
e clause 1 of Article 31 is amended as follows:
“c)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences, the value of which does not exceed VND 1,000,000;”;
b) Point
d clause 2 of Article 31 is amended as follows:
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c) Point
d clause 3 of Article 31 is amended as follows:
“d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences, the value of which does not exceed VND 140,000,000;”.
21.
Several points and clauses of Article 32 are amended as follows:
a) Point
c clause 1 of Article 32 is amended as follows:
“c)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences, the value of which does not exceed VND 20,000,000.”;
b) Point
b clause 2 of Article 32 is amended as follows:
“b)
Impose a fine of up to VND 50,000,000;”;
c) Point
d clause 2 of Article 32 is amended as follows:
“d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences;”.
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a) Point
c clause 1 of Article 33 is amended as follows:
“c)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences, the value of which does not exceed VND 1,000,000;”;
b) Point
d clause 2 of Article 33 is amended as follows:
“d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences;”.
23.
Article 34 is amended as follows:
“Article
34. Power to impose penalties of the People’s Public Security
1.
Soldiers of the People’s Public Security in the performance of their duty have
the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 500,000.
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a) Issue
warnings;
b) Impose
a fine of up to VND 1,500,000.
3.
Commune-level Police Chiefs, Heads of Police Posts, Heads of Police Stations at
border gates, Heads of International Airport Police and Majors of Mobile Police
Battalions have the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 2,500,000;
c)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences if its value is not 02 times as high as the penalty
amount specified in point b of this clause;
d)
Enforce the remedial measures specified in point c clause 3 Article 4 of this
Decree.
4.
District-level Police Chiefs; the Head of the Professional Division of the
Traffic Police Department; the Head of the Professional Division of the Police
Department for Administrative Management of Social Order; the Head of the
Professional Division of the Department of Fire Prevention, Fighting and
Rescue; the Head of the Professional Division of the Immigration Department;
the Chiefs of provincial Police Departments including Chiefs of Police
Divisions for Administrative Management of Social Order, Chiefs of Traffic
Police Divisions, Chiefs of Road and Railway Traffic Police, Chiefs of Road
Traffic Police Divisions, Chiefs of Mobile Police Divisions, Chiefs of Police
Divisions for Prevention and Control of Environmental Crimes, Chiefs of
Firefighting, Prevention and Rescue Police Divisions and Colonels of Mobile
Police Regiments have the power to:
a) Issue
warnings;
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c)
Suspend the license or suspend the operation;
d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences if its value is not 02 times as high as the penalty
amount specified in point b of this clause;
dd)
Enforce the remedial measures specified in points c, dd and e clause 3 Article
4 of this Decree.
5.
Directors of provincial Police Departments have the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 50,000,000;
c)
Suspend the license or suspend the operation;
d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences;
dd) Make
decision on imposition of deportation penalty;
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6.
Director General of the Police Department for Administrative Management of
Social Order, Director General of the Investigation Police Department for
Social Order Crimes, Director General of the Traffic Police Department,
Director General of the Firefighting, Prevention and Rescue Police Department,
Director General of the Police Department for Prevention and Control of
Environmental Crime, Director General of the Internal Security Department and
Commander of the Mobile Police have the power to:
a) Issue
warnings;
b) Impose
a fine of up to VND 100,000,000;
c)
Suspend the license or suspend the operation;
d)
Confiscate any exhibit or instrumentality involved in commission of
administrative offences;
dd)
Enforce the remedial measures specified in points c, dd, e and n clause 3
Article 4 of this Decree.
7. The
Director General of Immigration Department has the power to impose penalties as
prescribed in clause 6 of this Article and make decision on imposition of
deportation penalty.
8. The
People’s Public Security force has the power to impose penalties for
administrative civil aviation offences in the following circumstances:
a) The
administrative offence is discovered during the implementation of an emergency
plan;
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24. The
introductory paragraph and several points and clauses of Article 36 are amended
as follows:
a) The
introductory paragraph of Article 36 is amended as follows:
“Aviation
inspectors and airports authorities have the power to make administrative
offence records; impose primary and additional penalties; apply remedial
measures to the administrative offences mentioned in this Decree and
administrative aviation offences specified in the following documents:”;
b) Clause
5 of Article 36 is amended as follows:
“5.
Clause 2 Article 6, Article 7, Article 11, clauses 1 and 2 Article 23 and
clause, point c clause 3 Article 30 of the Government’s Decree No. 98/2020/ND-CP
dated August 26, 2020 prescribing penalties for administrative violations
against regulations on commerce, production and trade in counterfeit and
prohibited goods, and protection of consumer rights.”
c) Clause
7 of Article 36 is amended as follows:
“7. Point
dd clause 1 Article 9, point a clause 3 Article 10, Article 20, Article 21 and
point a clause 1, point b clauses 4 through 8 Article 22 of the Government’s
Decree No. 155/2016/ND-CP dated November 18, 2016 on penalties for
administrative violations against regulations on environmental protection.”;
d) Point
9 is added to Article 36 as follows:
“9.
Clause 1, clause 2, clause 4 Article 6, point b clause 2 Article 11, point a
clause 1, clause 4 Article 12, clause 2 Article 14, Article 18, clauses 2 and 3
Article 25, Article 26, clause 2, point a, point b clause 4 Article 29, Article
30 and Article 31 of the Government’s Decree No. 117/2020/ND-CP dated September
28, 2020 prescribing penalties for administrative violations in medical
sector.”.
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26. The
phrase “tháo dỡ” (“dismantle”) in point d clause 3 Article 4, point b clause 8
Article 9, point b clause 7 Article 10 and clause 7 of Article 21 is replaced
with the phrase “phá dỡ” (“destroy”).
27. Point
l clause 3 Article 4; point e clause 3 Article 9; point a clause 3 Article 15;
point d clause 5 Article 26 and Article 39 are abrogated.
Article 4. Effect
This
Decree comes into force from January 01, 2022.
Article 5. Grandfather clause
The
regulations that are advantageous to the violators shall apply to the
administrative maritime offences; administrative road traffic offences and rail
transport offences; administrative civil aviation offences committed before the
effective date of this Decree and then discovered or currently taken into
consideration.
Article 6. Implementation
Ministers,
heads of ministerial agencies, heads of Governmental agencies,
Chairmen/Chairwomen of People’s Committees of provinces and central-affiliated
cities and organizations and individuals concerned are responsible for the
implementation of this Decree.
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ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
THE DEPUTY PRIME MINISTER
Le Van Thanh
Môi giới chuyên nghiệp
Đăng xuất
