DECREE No. 92/1999/ND-CP OF SEPTEMBER 4, 1999 ON SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS IN THE MARITIME FIELD

Section III: VIOLATIONS OF THE REGULATIONS ON SEA SHIPPING BUSINESS AND MARITIME SERVICE ACTIVITIES

Article 21: Violations of the regulations on the use of the sea-shipping business license, the ship's operation license, the license for exploitation of sea-going ship on fixed routes, the sea-shipping agency license and other maritime operation licenses (hereafter referred collectively to as the licenses).

•  A warning or a fine of from 100,000 to 500,000 dong shall be imposed on one of the following violation acts:
•  Failing to report to the licensing agency on the changes already registered in the license;
•  Failing to comply with the regulations on specialized statistical reports or failing to provide other necessary information at the requests of the competent State agency(ies);
•  Making advertisements contrary to the permitted business contents or advertising business contents not yet licensed.
•  A fine of from 1,000,000 to 5,000,000 dong shall be imposed on each violation act prescribed in Clause 1 of this Article in cases where such violation involves many aggravating circumstances.
•  A fine of from over 5,000,000 to 10,000,000 dong shall be imposed on one of the following violation acts:
•  Conducting business activities not in line with the contents and scopes prescribed in the business license;
•  Failing to comply with the provisions on the ceiling and flooring freight rates, navigation fairways and routes and ship names which enterprises have registered;
•  Failing to adequately equip vessels with means to ensure the human life and transport means safety while conducting sea shipping business and maritime service activities;
•  Conducting sea shipping business and maritime service activities without licenses or with expired licenses;
•  Modifying or erasing licenses.
•  A fine of form 20,000,000 to 50,000,000 dong shall be imposed on each of violation acts prescribed in Clause 3 of this Article in cases where such violation involves many aggravating circumstances.
•  Additional sanctioning forms:

Stripping off the right to use the licenses for 3 to 6 months, for each of violation acts prescribed in Clauses 1 and 3 (except for Point d) of this Article.

Article 22: Violations of the regulations on the sea-going ship purchase and sale

•  A fine of from 500,000 to 2,000,000 dong shall be imposed on each act of deliberately making a false declaration of technical specifications of a ship intended for purchase or sale.
•  A fine of from over 2,000,000 to 5,000,000 dong shall be imposed on each act of purchasing or selling a ship without permit as prescribed.
•  A fine of from over 10,000,000 to 20,000,000 dong shall be imposed on each violation act prescribed in Clauses 1 and 2 of this Article in cases where such violation involves many aggravating circumstances.

Section IV: VIOLATIONS OF THE REGULATIONS ON SEARCH AND RESCUE

Article 23: Violations of the regulations on search and rescue activities

•  A fine of from 2,000,000 to 5,000,000 shall be imposed on act of failing to perform the prescribed duty for maritime search and rescue.
•  A fine of from over 5,000,000 to 10,000,000 dong shall be imposed on act of failing to obey the operation order without plausible reason(s) or showing irresponsibility while executing the operation order of the competent agency.

Section V: VIOLATIONS OF THE REGULATIONS ON SALVAGE OF PROPERTY SUNK IN THE SEA

Article 24: Violations of the regulations on salvage of property sunk in the sea

•  A warning or a fine of from 200,000 to 1,000,000 dong shall be imposed on act of failing to report or failing to promptly report as required on property sunk in the sea;
•  A fine of form 10,000,000 to 20,000,000 dong shall be imposed on one of the following violation acts:
•  Failing to place or failing to promptly place a marker at the place where the property has sunk:
•  Failing to carry out the salvage or complete the salvage of sunken property within the prescribed time limit;
•  Carrying out the salvage of sunken property without any permit;
•  Failing to hand over the sunken property which has been incidentally recovered to the competent agency;
•  Failing to pay expenses related to the salvage of sunken property as prescribed.
•  A fine of from over 20,000,000 to 50,000,000 dong shall be imposed on each violation act prescribed in Clause 2 of this Article in cases such violation involves many aggravating circumstances.
•  Additional sanctioning forms:

Confiscation of material evidences and means used in administrative violations, for violation acts prescribed in Clause 2 of this Article.

Section VI: VIOLATIONS OF THE REGULATIONS ON ENSURING THE MARITIME SAFETY

Article 25: Violation of the regulations on ensuring the maritime safety

•  A fine of from 500,000 to 2,000,000 dong shall be imposed on one of the following violation acts:
•  Failing to publicize promptly or publicizing untruthfully the "maritime notices";
•  Installing maritime signals not at the prescribed places and not according to the provisions of law;
•  Hiding maritime signals.
•  A fine of from over 2,000,000 to 5,000,000 dong shall be imposed on each violation act prescribed in Clause 1 of this Article in cases where such violation involves many aggravating circumstances.
•  A fine of from over 5,000,000 to 10,000,000 shall be imposed on one of the following violation acts:
•  Failing to place markers or placing markers not in time to warn against obstacles on navigation fairways;
•  Dredging navigation fairways or dumping mud and soil not at the prescribed places;
•  Moving or damaging the maritime markers.
•  A fine of from 20,000,000 to 100,000,000 dong shall be imposed on each violation act prescribed in this Article in cases where such violation involves aggravating circumstances.
•  Application of other administrative measures:

Compelled application of measures to overcome consequences and pay compensations for damage caused by violations prescribed in Clauses 1 and 3 of this Article.

Article 26: Violations of the regulations on the maritime safety inspection activities.

•  A warning or a fine of from 200,000 to 1,000,000 shall be imposed on each act of hindering or deliberately troubling a maritime safety inspector on duty or failing to satisfy his/her requests.
•  A fine of from over 1,000,000 to 2,000,000 dong shall be imposed on each act of insulting or offending a maritime safety inspector on duty.
•  A fine of from 5,000,000 to 10,000,000 dong shall be imposed on each violation act prescribed in Clauses 1 and 2 of this Article in cases where such violation involves many aggravating circumstances.
•  Additional sanctions:

Stripping off the right to use the shipmaster's licenses or the professional certificate for 3 to 6 months, for violation acts prescribed in Clauses 1 and 2 of this Article.

Chapter III

THE COMPETENCE AND PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATIONS

Section I: THE SANCTIONING COMPETENCE

Article 27: The competence for sanctioning administrative violations of the maritime safety inspectors and port authority directors:

•  A maritime safety inspector on official duty can:
•  Serve a warning;
•  Impose a fine of up to 200,000 dong;
•  Confiscate material evidences and means used for administrative violations, valued at up to 500,000 dong;
•  Compel the restoration of the original state which has altered due to administrative violations;
•  Compel the application of measures to overcome environmental pollution caused by administrative violations;
•  Compel the destruction of articles hazardous to human health and environment.
•  A regional chief maritime safety inspector can:
•  Serve a warning;
•  Impose a fine of up to 10,000,000 dong:
•  Confiscate material evidences and means used for administrative violations;
•  Strip off the right to use various kinds of licenses, certificates, professional certificates, crew member's passports and other diplomas according to his/her competence for up to 3 months. In cases where such an operation license, certificate, professional certificate, crew member's passport or diploma has been granted by a superior State agency, he/she shall issue a decision to suspend the violation act and request the competent State agency to withdraw such papers.
•  Compel the restoration of the original state which has altered due to administrative violations;
•  Compel the application of measures to overcome the environmental pollution caused by administrative violations;
•  Compel the destruction of articles harmful to human health;
•  Compel the payment of compensation of up to 1,000,000 dong for damage caused by administrative violations;
•  A maritime port authority director may:
•  Serve a warning;
•  Impose a fine of up to 10,000,000 dong;
•  Confiscate material evidences and means used for administrative violations;
•  Strip off according his/her competence, the right to use various kinds of licenses, certificates, professional certificates, crew member's passports and other diplomas for up to 6 months. In cases where such an operation license, certificate, professional certificate, crew member's passport or diploma has been granted by a superior State agency, he/she shall issue a decision to suspend the violation act and request the competent State agency to withdraw such papers.
•  Compel the restoration of the original state which has altered due to the administrative violations;
•  Compel the application of measures to overcome the environmental pollution caused by administrative violations;
•  Compel the destruction of articles harmful to human health;
•  Compel the payment of compensation of up to 1,000,000 dong for damage caused by administrative violations.
•  The central-level chief maritime safety inspector may:
•  Serve a warning;
•  Impose a fine of up to 1,000,000 dong;
•  Strip off according to his/her competence, the right to use various kinds of licenses, certificates, professional certificates, crew member's passports and other diplomas for up to 6 months. In cases where such an operation license, certificate, professional certificate, crew member's passport or diploma has been granted by a superior State agency, he/she shall issue a decision to suspend the violation act and request the competent State agency to withdraw such papers.
•  Confiscate material evidences and means used for administrative violations;
•  Compel the restoration of the original state which has altered due to the administrative violations;
•  Compel the application of measures to overcome the environmental pollution caused by administrative violations;
•  Compel the destruction of articles harmful to human health;
•  Compel the payment of compensation of up to 1,000,000 dong for damage caused by administrative violations.

Article 28: Presidents of commune-level People's Committees shall have the competence to sanction administrative violations as defined in Article 26 of the Ordinance.

Article 29: Presidents of district-level People's Committees shall have the competence to sanction administrative violations as defined in Article 27 of the Ordinance.

Article 30: Presidents of the People's Committees of the provinces and centrally-run cities may:

•  Serve a warning;
•  Impose a fine of up to 100,000,000 dong;
•  Apply the additional sanctioning forms.

In cases where the additional sanctioning form of stripping off the right to use licenses, permits, certificates, professional certificates and crew member's passports granted by the specialized State management agencies is applied, the presidents of the provincial-level People's Committees shall request the State management agencies that have granted such licenses, permits, certificates, professional certificates and/or crew member's passports to issue decisions to withdraw such papers.

Article 31: The principles for assigning the competence to sanction administrative violations:

•  The specialized inspection agencies shall be competent to sanction administrative violations in maritime activities related to the branches under their respective management.
•  In cases where an administrative violation in the maritime field falls under the sanctioning competence of several agencies, the sanctioning shall be effected by the first agency that accept the case's dossier.

Section II : THE SANCTIONING PROCEDURES

Article 32: The procedures for applying administrative sanctioning forms:

•  Upon detecting an administrative violation in the maritime field, the person with sanctioning competence shall have to issue an order to immediately suspend such violation act.
•  In cases where an administrative violation must be sanctioned with a warning or a fine of up to 20,000 dong, the person with sanctioning competence shall have to issue an on-the-spot sanctioning decision according to the simple procedures prescribed in Article 46 of the Ordinance.
•  In cases where an administrative violation must be sanctioned with a fine of over 20,000 dong, the person with the sanctioning competence shall have to promptly record such administrative violation in a minutes according to the provisions in Article 47 of the Ordinance. If the minutes maker is incompetent to sanction such administrative violation, he/she shall have to promptly forward the minutes and the relevant dossier to the competent level, for issuance of the sanctioning decision.
Within 15 days after the minutes on the administrative violation is made, the competent person shall have to issue a decision to sanction such administrative violation according to Article 48 of the Ordinance. The above-said time limit may be extended but shall not exceed 30 days.
•  A sanctioning decision shall take effect after its singing, except for cases where the effective date is clearly inscribed therein.
The effective decisions shall be sent to the sanctioned organizations and individuals as well as the fine collecting agencies within 3 days after such sanctioning decisions are issued. Decisions on fines of from 2,000,000 dong or more shall be sent to the People's Procuracy of the same level.
•  The fined organizations and individuals shall have to pay their fines at the places inscribed in the sanctioning decisions and shall get fine receipts. The Ministry of Finance shall assume the prime responsibility and coordinate with the Ministry of Communications and Transport in guiding in detail the procedures for collecting and paying fines, managing and using proceeds from sanctions against administrative violations in the maritime field.
•  It is strictly prohibited to collect fines on the spot.
•  The forms of administrative violation sanctioning minutes and decisions shall be set by the Minister of Communication and Transport.

Article 33: The procedures for stripping off the right to use diplomas, licenses, professional certificates, certificates and crew member's passports shall strictly comply with the provisions of Article 50 of the Ordinance.

•  The procedures for stripping off the right to use licenses, professional certificates, certificates and crew member's passports shall strictly comply with the provisions of Article 50 of the Ordinance.
•  Upon detecting that a license, professional certificate, written certification or crew member's passport has been granted ultra vires or has unlawful contents, the person competent to sanction administrative violations in the maritime field shall have to immediately withdraw it, and at the same time notify the competent State agency thereof for handling.

Article 34: The procedures for confiscating and handling material evidences and means used for administrative violations

•  When applying the sanctioning form of confiscating material evidences and means used for administrative violations, the person with sanctioning competence shall have to make a minutes according to the provisions of Article 51 of the Ordinance.
•  A decision to confiscate material evidences and means used for an administrative violation, valued at 5,000,000 dong or more, shall be promptly sent to the People's Procuracy of the same level.
•  The handling of material evidences and means used for administrative violations shall comply with the provisions of Article 52 of the Ordinance.

Article 35: Execution of sanctioning decisions

•  Organizations and individuals sanctioned for their administrative violations shall have to execute sanctioning decisions within 5 days after they are handled such sanctioning decisions, except for cases where such time limit is clearly stated therein. If past that time limit, the sanctioned organizations and individuals fail to voluntarily execute the sanctioning decisions, the persons with sanctioning competence may apply appropriate coercive measures against them.
•  The application of measures to coerce the execution of administrative violation sanctioning decisions shall comply with the provisions of Article 36 of this Decree and other relevant provisions of law.
•  An administrative violation sanctioning decision shall cease to be effective one year after
it is issued. In cases where the sanctioned organization or individual deliberately shirk or delay the execution, such statute of limitations shall not apply.

Article 36: Application of measures to coerce the execution of administrative violation sanctioning decisions

•  The application of measures to coerce the execution of administrative violation sanctioning decisions shall be effected according to the following specific regulations:
•  Deduction of a part of wage or income; deduction of money from bank accounts;
•  Distraint of property or a part of property with a value corresponding to the fine amount, for auction sale;
•  Temporarily not allowing the fined vessels to leave the port until they fully pay the fines.
•  Persons competent to sanction administrative violations can issue coercive decisions and shall have to organize the coercion.
•  The coerced organizations and individuals shall have to bear all expenses for organizing the enforcement of coercive measures.
•  The people's police force shall have to enforce the coercive decisions of the People's Committees of the same level and coordinate with other State agencies in organizing the enforcement of coercive decisions of such agencies when so requested.
•  The transfer of dossiers on administrative violations for penal liability examination shall comply with the provisions of Article 53 of the Ordinance.

Chapter IV

COMPLAINTS, DENUNCIATIONS AND HANDLING OF VIOLATIONS

Article 37: Complaints, denunciations and settlement thereof

•  Organizations and individuals that are sanctioned for their administrative violations in the maritime domain or their lawful representatives may lodge complaints against sanctioning decisions of competent persons according to the provisions of the Law on Complaints and Denunciations. Pending the complaint settlement by the competent agency(ies), the sanctioned organizations and individuals shall still have to execute the sanctioning decisions, except for cases of compelled dismantlement of construction projects.

In cases where the complainants disagree with the complaint settling decisions, they may further lodge their complaints to the immediate superiors of the persons who have issued such decision or initiate administrative lawsuits at the competent courts.
•  The procedures for lodging and settling complaints and initiating administrative lawsuits shall comply with the provisions of Article 87 and 88 of the Ordinance on Handling of Administrative Violations and the Ordinance on the Procedures for Settling Administrative Cases.
•  Vietnamese and foreign individuals may denounce to the competent State agencies acts administrative violation in the maritime field committed by organizations and other individuals according to the provisions of the legislation on complaints and denunciations.
•  Vietnamese and foreign individuals may denounce to the competent State agencies unlawful acts committed by persons competent to sanction administrative violations in the maritime field.

The settlement of denunciations shall comply with the current law provisions.

Article 38: Handling of violations

•  Persons competent to sanction administrative violations in the maritime field who harass, tolerate or cover up violators, fail to impose sanctions or sanction not in time, improperly or ultra vires shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability. If damage is caused, compensations thereof must be made according to provisions of law.
•  Persons sanctioned for their administrative violations in the maritime field who hinder or act against officials on inspection and control duties, or deliberately delay or shirk the execution of administrative violation sanctioning decisions shall, depending on the nature and seriousness of their violations, be administratively handled or examined for penal liability according to the provisions of law.

Chapter V

IMPLEMENTATION PROVISIONS

Article 39: Effect

This Decree takes effect 15 days after its signing.
To annul the following previously promulgated regulations on sanctions against administrative violations in the maritime field:

To annul Article 16, Chapter III of the Regulation on organization and operation of the Vietnam maritime safety inspectorate, promulgated together with the Prime Minister's Decision No. 204/TTg of December 28, 1992.

To annul Articles 57,58, 59 and 60, Chapter IV of the Regulation on management of maritime activities at seaports and maritime zones in Vietnam promulgated together with the Government's Decree No. 13/CP of February 25, 1994.

Article 40: The implementation organization responsibilities

The Minister of Communications and Transport shall have to guide the implementation of this Decree.
The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People's Committees of the provinces and centrally-run cities shall have to implement this Decree.

On behalf of the Government
Prime Minister

PHAN VAN KHAI