Thông tư 12/2016/TT-BGTVT

CIRCULAR

INSTRUCTIONS ON A NUMBER OF ARTICLES OF THE GOVERNMENT’S DECREE No. 132/2015/NĐ-CP DATED DECEMBER 25, 2015 STIPULATING PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN INLAND WATERWAY TRAFFIC

Pursuant to the Law on handling of administrative violations dated June 20, 2012;

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

Pursuant to the Government's Decree No. 81/2013/NĐ-CP dated July 19, 2017 detailing a number of articles and measures to implement the Law on Actions against administrative violations;

Pursuant to the Government’s Decree No. 132/2015/NĐ-CP dated December 25, 2015 stipulating penalties for administrative violations of regulations on inland waterway traffic;

Pursuant to the Government's Decree No. 107/2012/NĐ-CP dated December 20, 2012, defining the functions, tasks, entitlements and organizational structure of the Ministry of Transport;

At the request of general director of the Legal Department and general director of Vietnam Inland Waterway Administration,

The Minister of Transport promulgates the Circular providing instructions on a number of articles of the Government’s Decree stipulating penalties for administrative violations in inland waterway traffic.

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

1. This Circular provides instructions on a number of articles of the Government’s Decree stipulating penalties for administrative violations in inland waterway traffic (hereinafter referred to as “Decree No. 132/2015/NĐ-CP”) regarding determination of administrative violations; procedures and penalties; determination of jurisdictions over penalties.

2. Administrative violations in inland waterway traffic include breaches as prescribed in Chapter II of Decree No. 132/2015/NĐ-CP.

Article 2. Regulated entities

1. Persons who have jurisdictions to impose penalties and make breach notices as prescribed in Decree No. 132/2015/NĐ-CP (hereinafter referred to as “competent persons”).

2. Organizations and/or individuals that commit acts in violation of regulations on inland waterway traffic; relevant organizations and/or individuals.

Article 3. Principles of imposing penalties

1. Principles of imposing penalties for administrative violations against regulations on inland waterway traffic shall be in compliance with Article 3 of the Law on handling of administrative violations.

2. Organizations and/or individuals that commit violations, competent persons, and relevant organizations and/or individuals must comply with regulations of the Law on handling of administrative violations, Government’s Decree No. 81/2013/NĐ-CP dated July 19, 2013, Decree No. 132/2015/NĐ-CP and this Circular.

Chapter II

PARTICULAR PROVISIONS

Article 4. Determination of deadweight (dwt) of unregistered vehicles

For violations committed by organizations and/or individuals as prescribed in Decree No. 132/2015/NĐ-CP concerning unregistered vehicles, the determination of deadweight to impose penalties is as follows:

1. Deadweight of a vehicle is determined in the formula T = A x K, where:

a) A = L x B x D where:

L (m): Length of the main deck measured from the bow to rudder

B (m): Breadth measured amidships

D (m): Depth measured from the upper surface of keel to the surface of main deck amidships

b) 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;

If value of A is greater than 1,119.8 m³, K = 0.57;

2. If deadweight cannot be determined as prescribed in Clause 1 of this Article, competent persons shall request the registration agency to determine the deadweight as grounds for making decisions on penalties.

3. For a vehicle other than passenger or cargo ships, level of penalty shall be based on total capacity of the main engine of the vehicle.

4. For vehicles such as floating decks or other floating structures on which dredgers, mining machines or cargo-handling equipment are placed, deadweight or capacity shall be determined as follows (if grounds for determination of their dwt or capacity are not sufficient):

a) If maximum length or maximum breadth is up to 10 meters or 4 meters respectively, the deadweight shall be from five to 15 tonnes;

b) If maximum length or maximum breadth is greater than 10 meters or 4 meters respectively, the deadweight shall be greater than 15 tonnes;

c) Length of a vehicle is the distance between the tip of the bow and rudder or two outermost points of the vehicle.

d) Breadth of a vehicle is the distance at the widest point measured to the outer surface of the frames.

Article 5. Conversion of units into gross tonnage (GT)

 Gross tonnage of a vehicle shall be determined as follows in case it is not stated in the vehicle’s certificate:

1. Motorized watercraft : 1.5 dwt is equivalent to 01 GT.

2. Non-motorized watercraft : 01 dwt is equivalent to 01 GT.

3. Tugboats: 01 horse power (HP) is equivalent to 0.5 GT.

Article 6. Breach of regulations on construction, protection and operation of inland waterway traffic infrastructure

1. Vehicles subject to confiscation as prescribed in Point b, Clause 11, Article 5 of Decree No. 132/2015/NĐ-CP are grab/clamshell dredgers, cutter-suction dredgers, diesel engines, pumps, suction machines, pipes and other machinery and equipment which are used to extract sand, gravel or other minerals.

2. Scope of protection of works pertaining to inland waterway traffic infrastructure as prescribed in Point dd, Clause 9, Article 5 of Decree No. 132/2015/NĐ-CP is the scope of protection of embankments, dams, signal systems, water-level gauges, boundary markers of waterway corridors and other works, except navigation channels and waterway corridors

3. Entities breaching Article 7 of Decree No. 132/2015/NĐ-CP are organizations and/or individuals that are assigned or awarded the contract for inland waterway management and maintenance.

Article 7. Breach of regulations on vehicle eligibility

1. Breaches as prescribed in Point a, Clause 1, Article 11 of Decree No. 132/2005/NĐ-CP are acts of inscribing or mounting registration plates on vehicles in contravention of either of the following regulations:

a) Registration plate must contain number and letter groups.

b) Size of letters and numbers inscribed on vehicles must meet following requirements: Minimum height and width are 200 mm and 30 mm respectively, and the space between letters or numbers is 30 mm.

c) Color of letters and numbers must be distinct from background color;

d) Position of registration plates:

Registration plates must be inscribed unobscured on the left and right sides of the vehicle and on the front part of the cabin, or on both sides of the bow if the vehicle has no cabin.

If the vehicle has no cabin and the freeboard is not high enough for placement of the registration plate as prescribed, size of the registration plate may be reduced but placed in the highly visible position.

2. Breaches as prescribed in Point d, Clause 1, Article 11 of Decree No. 132/2015/NĐ-CP are acts of drawing draft marks which deviate from expected positions, or are blurred or have the same color as the vehicle’s.

3. Acts of failing to obtain or present papers as prescribed in Clauses 2, 3, 4 and 5, Article 11 of Decree No. 132/2015/NĐ-CP shall be handled as follows:

a) At the time of inspection, if the owner, crewmember or driver of the vehicle fails to present following papers: vehicle registration certificate, vehicle’s technical safety and environmental protection certificate, or degrees, certificates of competence, the competent persons shall make an breach notice for having no papers. During the time of making decision on penalties for administrative violations, if the owner presents the original papers or valid confirmations from a credit institution (if the vehicle is currently mortgaged), the competent person shall impose the penalty for failing to bring papers along, photocopy and keep such papers in the file on penalties for administrative violations.

b) The owner, crewmember or driver of the vehicle shall be judged as having adequate papers as prescribed if he/she presents an breach notice stating the papers are currently retained for making decisions on penalties. If the breach notice expires, the owner shall be penalized for having no papers.

4. Failing to install safety equipment as prescribed in Clause 4, Article 12 of Decree No. 132/2015/NĐ-CP shall be handled as follows:

a) Penalties for failing to install AIS (automatic identification system) on passenger transport vehicles operating on fixed routes between shores and islands or between islands shall take effect from January 01, 2017;

b) Failing to install Satellite Emergency Position Indicating Radio Beacon (S.EPIRB) on VR-SB class cargo ships from 300 GT and over and passenger ships operating on coastal routes shall be penalized when regulations on compulsory installation of S.EPIRB take effect.

5. Acts in violation of regulations on service life of vehicles as prescribed in Article 14 of Decree No. 132/2015/NĐ-CP shall be handled as follows:

Before a decision on penalties for violation of regulations on service life of the vehicle is made, the competent persons must check service life against Articles 4 and 13 of the Government’s Decree No. 111/2014/NĐ-CP dated November 20, 2014 stipulating service life of inland watercraft and watercraft eligible for importation.

Article 8. Breach of regulations on requirements for crewmembers and drivers

1. Cases of having no captain, chief mate degrees or certificates of captain and chief mate competence as prescribed in Point b, Clauses 1, 2 and 3 of Article 16 of Decree No. 132/2015/NĐ-CP include:

a) Having no degrees or certificates of competence granted by training agencies or institutions;

b) Using degrees or certificates of competence in maritime and fishery to assume the role of crewmembers on inland watercraft or any other certificates outside the governing scope of the Law on Inland Waterway Navigation.

2. Crewmembers have obtained captain and chief mate degrees or certificates of captain and chief mate competence which are unconformable to provisions prescribed in Clauses 2, 3, Article 16 of Decree No. 132/2015/NĐ-CP but have assumed the role of a captain or chief mate which requires a degree or certificate of competence higher or equal to degrees or certificates as prescribed.

3. Decrees or certificates of competence prescribed in Clause 4, Article 16 of Decree No. 132/2015/NĐ-CP include:

a) Captain degrees, first mate, second mate, third mate and limited third mate degrees;

b) Certificate of captain competence is classified into four levels: first level (T1), second level (T2), third level (T3) and forth level (T4);

c)  Certificate of chief mate competence is classified into three levels: first level (M1), second level (M2) and third level (M3);

d) Certificates of basic safety training;

dd) Certificates of competence: First sailor certificates (TT1), second sailor certificates (TT2); first mate certificates (TM1), second mate certificates (TM2);

e) Certificates of special competence: Certificates of type I high-speed vehicle control, certificates of type II high-speed vehicle control (KDTDC II), certificates of coastal watercraft control, certificates of working on coastal watercraft safety, certificates of working on oil tanker safety, certificates of working on chemical tanker safety, certificates of working on LPG tanker safety.

4. If a crewmember or driver who operates a vehicle eligible for carrying passengers and cargo violates regulations on levels of degrees, certificates of competence, the imposition of penalties shall be based on regulations on the assumption of responsibility, type of certificates of competence corresponding to each passenger vehicle.

Article 9. Violations committed by owners, vehicle lessees, crewmembers and drivers

The act of employing unqualified people as crewmembers as prescribed in Point d, Clause 2, Article 17 of Decree No. 132/2015/NĐ-CP is the employment of employees without decrees, health guarantee and age consideration as prescribed.

Article 10. Breach of regulations on operation of vehicles within ports, inland wharves

Moving a vehicle into a port or inland wharf without the exit permit as prescribed in Point c, Clause 1, Article 24 of Decree No. 132/2015/NĐ-CP is the act of entering into the port or inland wharf of the vehicle without the exit permit as prescribed in the port or inland wharf where it leaves.

Article 11. Penalties imposed on tug fleets for administrative violations

1. A tug fleet includes several vehicles, tugboats and maneuvered vehicles, combined together. Deadweight of a tug fleet includes total deadweight of all maneuvered vehicles.

2. Penalties for the tug fleet loading in excess of safe draft mark as prescribed in Article 28 of Decree No. 132/2015/NĐ-CP.

If several vehicles in the tug fleet load in excess of safe draft mark, the imposition of penalties shall be based on submerged level of freeboard of maneuvered vehicles.

Article 12. Jurisdictions to impose penalties for administrative violations

Jurisdictions to impose penalties for acts in violation of regulations on inland waterway traffic must be conformable with provisions prescribed in Articles 35, 36, 37, 38, 39, 40, 41 and 42 of Decree No. 132/2015/NĐ-CP and following regulations:

1. The imposition of penalties for administrative violations that take place in ports or inland waterways outside the jurisdiction of the Inland Waterway Port Authority, Maritime Authority shall come within the jurisdiction of the traffic inspectorate, inland waterway regulatory agencies, People’s public security.

2. On a contiguous area or on the same route where several forces carry out patrols and maintain controls, the imposition of penalties for administrative violations shall come within the jurisdiction of any force that first detects the violation.

Article 13. Temporary retention of papers to guarantee penalties for administrative violations

1. In case of financial penalties, the competent persons shall have the right to retain the original of one of the following papers in order of importance until obligations for payment of the fine are fulfilled.

a) Captain degree or certificate of captain competence, vehicle driving licence;

b) Vehicle registration certificate or valid confirmation from a credit institution if the vehicle is mortgaged;

c) Vehicle’s technical safety and environmental protection certificate;

d) Degree or certificate of chief mate competence;

dd) Documents related to exhibits, other vehicles;

2. When retaining papers, the competent persons must record full information about the papers and date of retention in the breach notice.

Article 14. Notifications

1. In case of retention of papers to guarantee imposition of penalties, within three days since the retention period expires, the competent persons shall make a written notice to the Traffic Police Department. During this time, if the organization and/or individual fulfills obligations for penalties, the competent persons shall make notifications to the Traffic Police Department again.

2. In case of stripping licences, degrees and certificates of competence, practice certificates, the competent persons shall make a written notice to the agency that issues such papers and the Traffic Police Department.

3. The notice issued to the agency and the Traffic Police Department shall specify types of the papers temporarily retained or stripped: name, number sign of the papers, vehicle registration number, date of retention or stripping, full name of the person whose papers are retained or stripped and the breach.

Article 15. Specimen breach notice and decision on penalties for administrative violations

Enclosed herewith is a number of specimen breach notices and decisions regularly used for imposition of penalties for administrative violations in inland waterway traffic. Other specimen breach notices and decisions shall be conformable with the Government's Decree No. 81/2013/NĐ-CP dated July 19, 2017 detailing a number of articles and measures to implement the Law on Actions against administrative violations.

Chapter III

IMPLEMENTATION

Article 16. Effect

This Circular takes effect from August 01, 2016.

Article 17. Responsibility

Chief of the Ministry Office, Chief Inspector of Ministry, general directors of Vietnam Inland Waterway Administration, Vietnam Register, directors of the Services of Transport of provinces and central-affiliated cities and other relevant agencies, organizations and/or individuals shall be responsible for executing this Circular./.

ANNEX

SPECIMEN BREACH NOTICE AND DECISION ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN INLAND WATERWAY TRAFFIC (Enclosed with the Minister of Transport’s Circular No. 12/2016/TT-BGTVT dated June 09, 2016)

Specimen 01

DECISION

Decision on imposition of penalties for administrative violations in inland waterway traffic according to procedures for penalties without a written record

Pursuant to Article 56 of the Law on Actions against administrative violations;

Pursuant to the Government’s Decree No. 132/2015/NĐ-CP dated December 25, 2015 stipulating penalties for administrative violations in inland waterway traffic;

Pursuant to the Assignment of Rights Document No. …/… dated …(if any),

I am: ……………………………………….., Position: … …………………………………………

Unit: ……………………………………………………………………………………………

HEREBY DECIDE:

Article 1. Impose penalties for administrative violations according to procedures for penalties without a written record on:

Mr. (Mrs.)/Organization: .....................................................................................................

Date of birth: … Nationality: ...............................................................

Occupation/Business areas: ....................................................................................

Address: ............................................................................................................................

ID cards or passports/Establishment Decision or Business Registration No.: ...................

Date of issue: … Place of issue: ..........................................................................

Has committed administrative violations^3a…..as prescribed in^3b ….

Place of violation: ..................................................................................................

Circumstances related to the handling of violations (if any): ..............................................

Article 2. Forms of penalties and remedial measures:

1. Principal form of penalties^4a: …

Fine level^4b: .....................................................................................................................

2. Additional forms of penalties: .........................................................................................

.........................................................................................................................................

3. Remedial measures: …  

.........................................................................................................................................

Article 3. This Decision takes effect from the signing date.

Article 4. This Decision shall be:

1. Handed over to Mr. (Mrs.)/Organization … for execution.

In case of financial penalties, Mr. (Mrs.)/organization shall pay the fine to the competent persons on the spot or to the State Treasuries/commercial bank⁵: … within 10 days since this Decision is delivered.

Implementation period of the additional form of penalties and remedial measures is … days and … days respectively since this Decision is delivered.

Any failure or rejection to implement this Decision shall result in execution enforcement.

Mr. (Mrs.)/organization shall be temporarily detained⁶ to guarantee execution of the Decision.

Mr. (Mrs.)/organization reserves the rights to make complaints or start proceedings against this Decision in accordance with laws.

2. Delivered ⁷ to …………………………………for collection of the fine.

3. Delivered⁸ to ………………………………………………………..for organizing the implementation of this Decision.

4. Delivered⁹ to ……………………………………………..for reference./.

_______________

¹ Specify the name according to instructions of the Ministry of Home Affairs on administrative document formats and layouts.

² Specify the place name according to instructions of the Ministry of Home Affairs on administrative document formats and layouts.

^3a Summarize the breach;

^3b Specify Points, Clauses, Articles of the Decree in particular areas.

^4a Specify one of the forms of penalties as prescribed in Clause 1, Article 56 of the Law on handling of administrative violations (warnings or financial penalties)

^4b In case of fining, the Decision must specify the fine level in number or words.

⁵ Specify name and address of the State Treasuries (or the commercial bank ordered to collect by the State Treasuries) or number of the account with the State Treasuries to which the fine shall be transferred.

⁶ In case of financial penalties and the breaching individual/organization has no money to pay on the spot (the papers to be temporarily retained until the individual/organization fulfills his/her obligations for payment of the fine are one of the papers as prescribed in Clause 6, Article 125 of the Law on handling of administrative violations).

⁷ Specify name and address of the State Treasuries or commercial banks ordered to collect by the Specify Treasuries.

⁸ Specify name, position of the Decision enforcement official and agency where he/she works; relevant agencies, organizations.

⁹ Parents or guardians (specify name, address ...) of the underage who is penalized in the form of warning as prescribed in Clause 1, Article 69 of the Law on handling of administrative violations.

Specimen 02

DECISION

Imposition of penalties for administrative violations in inland waterway traffic³

Pursuant to Article 68 of the Law on handling of administrative violations;

Pursuant to the Government’s Decree No. 132/2015/NĐ-CP dated December 25, 2015 stipulating penalties for administrative violations in inland waterway traffic;

Pursuant to the Breach notice No. .../BB-VPHC prepared by ......at ..........., dated ...... in .........;

Based on result of verification and related documents;

Pursuant to the written record of testimony No. …/… dated … in …;

Pursuant to the Assignment of Rights Document No. …/… dated …(if any),

I am: ...................................................... Position: ……………………………

Unit: …………………………………………………………………………………………

HEREBY DECIDE:

Article 1. Impose penalties for administrative violations on:

Mr. (Mrs.)/Organization: ...................................................................................................

Date of birth: … Nationality: ............................................

Occupation/Business areas: ..................................................................................

Address: ...........................................................................................................................

ID or passport number: ………………..

Or Establishment Decision or Business Registration number: ....................................................................

Date of issue: … Place of issue: .............................................................

1. Has committed administrative violations⁴ …..

as prescribed in⁵ …………………………………….

- Aggravating/extenuating circumstances (if any):

.........................................................................................................................................

Be liable to following forms of penalties and remedial measures:

- Principal form of penalties ⁶:…………………………………….. Namely^6b: ……………………………………….. .................

.........................................................................................................................................

- Additional forms of penalties (if any)⁷: ..........................................................................

- Remedial measures (if any): ................................................................

Implementation period⁸ is ……………………………since receipt of this Decision.

The breaching individual/organization is required to reimburse an amount of ……………………….. as the expense for the implementation of remedial measures (if any) paid by competent agencies as prescribed in Clause 5, Article 85 of the Law on Actions against administrative violations.

2. Has committed administrative violations^9a …..as prescribed in^9b ….

- Aggravating/extenuating circumstances (if any)

Be liable to following forms of penalties and remedial measures:

- Principal form of penalties^10a:…………………………………….. ........................................................................................

Namely ^10b: ......................................................................................................................

- Additional forms of penalties (if any)¹¹: ..............................................................................

- Remedial measures (if any): ................................................................

Implementation period¹² is ……………………………since receipt of this Decision.

The breaching individual/organization is required to reimburse an amount of ……………………….. as the expense for the implementation of remedial measures (if any) paid by competent agencies as prescribed in Clause 5, Article 85 of the Law on Actions against administrative violations.

Article 2. This Decision takes effect from …

Article 3. This Decision shall be:

1. Handed over to Mr. (Mrs.)/Organization … for execution.

Mr. (Mrs.)/Organization is required to comply strictly with this Decision. Any failure or rejection to implement this Decision shall result in execution enforcement.

Apart from the competent persons as prescribed in Clause 2, Article 78 of the Law on handling of administrative violations, Mr. (Mrs.)/organization may transfer the fine to the State Treasuries/Commercial bank¹³ … within …………..since receipt of this Decision.

Mr. (Mrs.)/organization reserves the rights to make complaints or start proceedings against this Decision in accordance with laws.

2. Delivered ¹⁴ to ……………………………………..for collection of the fine.

3. Delivered ¹⁵ to ………………………………………………………..for organizing the implementation of this Decision./.

_______________

¹ Specify the name according to instructions of Ministry of Home Affairs on administrative document formats and layouts.

² Specify the place name according to instructions of the Ministry of Home Affairs on administrative document formats and layouts.

³ This specimen is used for imposing penalties for one or several individuals/organizations which commit one or several administrative violations.

⁴ Summarize the breach;

⁵ Specify Points, Clauses, Articles of the Decree in particular areas.

^6a Specify the principal form of penalties (financial penalties/stripping permits, practice certificates or suspension of activities within a fixed term/confiscation of exhibits and means of administrative violations)

^6b Detail the principal form of penalties (specify the fine in number and words (in case of financial penalties); specify time limits and date of retention of permits, practice certificates or suspension of activities (in case of stripping permits, practice certificates or suspension of activities); specify quantity, value of confiscated exhibits and means of violations and accompanying written records (if any) (in case of confiscation of exhibits and means of violations)).

⁷ Detail the additional form of penalties (specify the fine in number and words (in case of financial penalties); specify time limits and date of retention of permits, practice certificates or suspension of activities (in case of stripping permits, practice certificates or suspension of activities); specify quantity, value of confiscated exhibits and means of violations and accompanying written records (if any) (in case of confiscation of exhibits and means of violations)).

⁸ Specify implementation periods of individual remedial measures.

^9a Summarize the breach;

^9b Specify Points, Clauses, Articles of the Decree in particular areas.

^10a Specify the same as Section 6a.

¹¹ Specify the same as Section 6b.

¹² Specify implementation periods of individual remedial measures.

^13a Specify name and address of the State Treasuries (or the commercial bank ordered to collect by the State Treasuries) to which the fine shall be paid.

^13b Specify name, address and account with the State Treasuries (or the commercial bank ordered to collect by the State Treasuries) to which the fine shall be transferred.

¹⁴ The State Treasuries or Commercial bank specified in ^(13a).

¹⁵ Specify name, position of the Decision enforcement official and agency where he/she works; relevant agencies, organizations.

Specimen 03

DECISION

Postponement of execution of decision on financial penalties in inland waterway traffic

Pursuant to Article 76 of the Law on handling of administrative violations;

Pursuant to the Breach notice No. ………/QĐ-XPVPHC dated ………………signed by……………;

In consideration of the written request dated ……by Mr./Mrs.: ………………………………..confirmed by³……………………………………,

I am: ...................................................... Position: …………………………………………

Unit: …………………………………………………………………………………………

HEREBY DECIDE:

Article 1. Postpone execution of decision on financial penalties in the Decision on penalties for administrative violations No. ………/QĐ-XPVPHC dated ……………..signed by.

Postponement period is from ………………… to ………………………………

After such postponement period, Mr./Mrs.:………………………………….shall comply strictly with the decision on financial penalties, otherwise be subject to execution enforcement.

Mr./Mrs. shall receive a return of …………………………⁴

Article 2. This Decision takes effect from the signing date.

Article 3. This Decision shall be handed over to⁵ for implementation./.

_______________

¹ Specify the name according to instructions of Ministry of Home Affairs on administrative document formats and layouts.

² Specify the place name according to instructions of the Ministry of Home Affairs on administrative document formats and layouts.

³ Specify names of communes, wards and commune-level towns where the breaching individual resides or agency, organization where such individual learns and works.

⁴ Specify papers, exhibits and means of violations temporarily retained according to Clause 6, Article 125 of the Law on handling of administrative violations.

⁵ Specify name, position of the Decision enforcement official and agency where he/she works; relevant agencies, organizations.

⁶ Specify full name of the violator spared from execution of the decision.

Specimen 04

DECISION

Reducing/sparing fine for administrative violations in inland waterway traffic

Pursuant to Article 77 of the Law on handling of administrative violations;

Pursuant to the Breach notice No. ………/QĐ-XPVPHC dated ………………signed by……………;

Pursuant to the Decision on postponement of execution of decision on financial penalties No. ………/QĐ-XPVPHC dated ……………..signed by;

In consideration of the written request for reducing/sparing the fine for administrative violations⁴ dated ...................... from Mr. (Mrs.) ………………………confirmed by …………….,

I am: ...................................................... Position: ……………………………………

Unit: ……………………………………………………………………………………………

HEREBY DECIDE:

Article 1. Reduce/spare⁶ the fine under the Decision on penalties for administrative violations No. …/QĐ-XPVPHC dated …

Signed by ……………………………..

The amount reduced/spared is: ………………………….. VND (in words: ..........................)

Reasons for reduction/sparing: …………………………………………………………………..

Mr./Mrs. shall receive a return of …………………………⁷

Article 2. This Decision takes effect from the signing date.

Article 3. This Decision shall be handed over to⁵ ………… for implementation./.

_______________

¹ Specify the name according to instructions of Ministry of Home Affairs on administrative document formats and layouts.

² Specify each particular case of reducing/sparing the remaining part or whole of the fine (⁽²⁾: GTXPVPHC/MTXPVPHC)

³ Specify the place name according to instructions of the Ministry of Home Affairs on administrative document formats and layouts.

⁴ Specify each particular case of reducing/sparing the remaining part or whole of the fine (⁽²⁾: GTXPVPHC/MTXPVPHC).

⁵ Specify names of communes, wards and commune-level towns where the breaching individual resides or agency, organization where such individual learns and works.

⁶ Specify each particular case of reducing/sparing the remaining part or whole of the fine (⁽²⁾: GTXPVPHC/MTXPVPHC).

⁷ Specify papers, exhibits and means of violations temporarily retained according to Clause 6, Article 125 of the Law on handling of administrative violations.

⁸ Specify name, position of the Decision enforcement official and agency where he/she works; relevant agencies, organizations.

⁹ Specify full name of the violator entitled to reduction/sparing.

Specimen 05

DECISION

Application of remedial measures in inland waterway traffic ³

Pursuant to Article 28, Article 56 of the Law on handling of administrative violations;

Pursuant to the Breach notice No. .../BB-VPHC prepared by ......at ..........., dated ...... in .........;;

To thoroughly remedy the consequences caused by administrative violations,

I am: ...................................................... Position: ………………………………………

Unit: ………………………………………………………………………………………

HEREBY DECIDE:

Article 1.

Mr. (Mrs.)/Organization: ........................................................................................................

Date of birth: … Nationality: .....................................................

Occupation/Business areas: .................................................................................

Address: ..........................................................................................................................

ID cards or passports/Establishment Decision or Business Registration No.: ......................

Date of issue: ……………………………… Place of issue: ....................................................

Must take remedial measures against the consequences caused by administrative violations⁴………………………

........................................................................................................................................

Circumstances related to the handling of violations (if any): .............................................

........................................................................................................................................

Reasons for not issuing decision on penalties:⁵

........................................................................................................................................

Remedial measures include:^6a

........................................................................................................................................

........................................................................................................................................

Implementation period^6b is ……………………………since receipt of this Decision.

Expenses for implementation of the remedial measures shall be paid by: ……………………………………

The breaching individual/organization is required to reimburse an amount of ……………………….. as the expense for the implementation of remedial measures (if any) paid by competent agencies as prescribed in Clause 5, Article 85 of the Law on Actions against administrative violations.

Article 2. This Decision takes effect from …

Article 3. This Decision shall be:

1. Handed over to Mr.(Mrs.)/organization ……………………………..for implementation.

Mr.(Mrs.)/organization mentioned above is required to execute this Decision. Any failure or rejection to implement this Decision after the implementation period as prescribed in Article 1 of this Decision shall result in execution enforcement.

Mr. (Mrs.)/organization reserves the rights to make complaints or start proceedings against this Decision in accordance with laws.

2.⁷ ………………………………………………………..for organizing implementation of this Decision./.

_______________

¹ Specify the name according to instructions of Ministry of Home Affairs on administrative document formats and layouts.

² Specify the place name according to instructions of the Ministry of Home Affairs on administrative document formats and layouts.

³ This Decision shall be applicable in case decision on penalties for administrative violations is not given.

⁴ Specify Points, Clauses, Articles of the Decree in particular areas.

⁵ Specify reasons for not giving decision on penalties (according to particular cases and provisions prescribed in Clause 1, Article 65 of the Law on handling of administrative violations).

^6a Specify individual remedial measures.

^6b Specify implementation periods of individual remedial measures.

⁷ Specify name, position of the Decision enforcement official and agency where he/she works; relevant agencies, organizations.

Specimen 06

DECISION

Retention of exhibits, vehicles, permits, and practice certificates under administrative procedures in inland waterway traffic

Pursuant to Article 125 of the Law on handling of administrative violations;

Pursuant to the Assignment of Rights Document No. …/… dated …; (if any),

I am: ...................................................... Position: ………………………………………………

Unit: ……………………………………………………………………………………………

HEREBY DECIDE:

Article 1. Retain exhibits, means of violations and practice certificate of:

Mr. (Mrs.)/Organization: .........................................................................................................

Date of birth: … Nationality: .............................................................

Occupation/Business areas: ..................................................................................

Address: ...........................................................................................................................

ID cards or passports/Establishment Decision or Business Registration No.: ..................

Date of issue: … Place of issue: ............................................................................

Exhibits, means of violations, permit and practice certificate include:³

.........................................................................................................................................

.........................................................................................................................................

Sealed exhibits and means of administrative violations include:

.........................................................................................................................................

.........................................................................................................................................

Reasons for retention⁴: .......................................................................................................

Retention period: ………………………days, from ………………… to ………………………

Location of retention: ..........................................................................................................

Article 2. This Decision takes effect from the signing date and shall be:

1. Handed over to Mr.(Mrs.)/organization: ………………………………..for execution.

Mr. (Mrs.)/organization reserves the rights to make complaints or start proceedings against this Decision in accordance with laws.

2.Delivered ⁵ to ………………………………………………………..for organizing the implementation of this Decision./.

_______________

¹ Specify the name according to instructions of Ministry of Home Affairs on administrative document formats and layouts.

² State the place name according to instructions of the Ministry of Home Affairs on administrative document formats and layouts.

³ Specify name, quantity, weight, characteristics, conditions, brand, origin and type of exhibits and means of violations; permits and practice certificates. Or formulate a separate statistical table if necessary.

⁴ Specify reasons for retention according to Clause 1, Article 125 of the Law on handling of administrative violations.

⁵ Specify name, position of the person in charge and organization he/she works.

Specimen 07

WRITTEN RECORD OF ADMINISTRATIVE VIOLATIONS

In inland waterway traffic

Pursuant to …………………………………³

Today, at …………………., dated …………………., in …………………………….

We, including:⁴

Mr.: …………………………………….., Position: ………………………………… ;

Mr.: …………………………………….., Position: ………………………………… ;

In the witness of:⁵ ……………………………………………………………..

Carry out the formulation of a written record of administrative violations on:⁶

Mr. (Mrs.)/Organization: .................................................................................................

Date of birth: … Nationality: ...........................................................

Occupation/Business areas: .....................................................................................

Address: .........................................................................................................................

ID cards or passports/Establishment Decision or Business Registration No.: ................

Date of issue: ……………………………… Place of issue: .............................................

Who has committed administrative violations:⁷ ………………………………….

as prescribed in ⁸ …………………………………….

Individuals/organizations suffering damage:⁹

Opinions from individuals/representatives of the breaching organization:

.........................................................................................................................................

.........................................................................................................................................

Opinions from the witnesses:

.........................................................................................................................................

Opinions from individuals/organizations suffering damage:

.........................................................................................................................................

We have requested Mr. (Mrs.)/breaching organization to stop the breaching act immediately.

Measures of preventing and handling violations:

.........................................................................................................................................

Retained exhibits, means of violation and papers:¹⁰

.........................................................................................................................................

We have kept nothing else in addition to exhibits, means of violations and papers mentioned above.

Mr. (Mrs.) ……………………..is required to be present at ………………….., dated…………………, at ………………for settlement of the violation.

The record is completed at ………………….., dated…………., comprising …………..pages, made into …………………copies of the same content and value, read out loud for all the persons concerned to acknowledge its true and sign their names. One copy is delivered to the breaching individual or organization.¹¹

Reasons for not signing the record: ………………………………………………………………………………

The breaching individual/organization shall deliver a written request for testimony to Mr./Mrs.¹²……………before ……………….for exercising its rights.

_______________

¹ Specify the name according to instructions of Ministry of Home Affairs on administrative document formats and layouts.

² Specify the place name according to instructions of the Ministry of Home Affairs on administrative document formats and layouts.

³ Specify foundations for the making of the written record (conclusions from inspection, results provided by technical and professional means and equipment used to detect administrative violations as prescribed in Article 64 of the Law on handling of administrative violations ...).

⁴ Specify full name, rank, position of the person making the record, agency where he/she works.

⁵ Specify full name, occupation and address of the witnesses. Specify full name and position of representative of authorities (if any).

⁶ Specify full name of the breaching person or full name or position of representative of the breaching organization.

⁷ Summarize the breaching act (Date and location, description of the act; Name of ship, capacity of main engine, total gross tonnage/deadweight, coordinates, journey if the act is committed on sea).

⁸ Specify Points, Clauses, Articles of the Decree in particular areas.

⁹ Specify full name, position of representative of the organizing suffering damage (if any).

¹⁰ Specify name, quantity, weight, characteristics, conditions, brand, origin and type of exhibits and means of violations (or formulate a separate statistical table if necessary).

¹¹ If the breaching individual is a minor, one copy shall be delivered to parents or guardian of such individual.

¹² Full name and position of the competent person, agency where he/she works.

Specimen 08

WRITTEN RECORD

Failure of breaching individual/organization to receive decision on penalties for administrative violations in inland waterway traffic³

Today, at …………………., dated …………………., in ⁴…………………………….

We, including:⁵

Mr.: ………………………………………….., Position: ……………………………………;

Mr.: ………………………………………….., Position: ……………………………………;

Have handed the Decision on penalties for administrative violations No. …./QĐ- dated ………………signed by Mr./Mrs.…….………………., position: …………………

to Mr./Mrs.………………or breaching organization mentioned in the Decision for penalties No. …/QĐ-……. Dated …………………for execution but Mr.(Mrs.)……………..or this organization deliberately refuses to receive the Decision.

For this reason, we have made this written record in the witness of:⁶

and written confirmations from local authorities: ⁷ ……………………………….

The record consists of ……………..pages, is made into ……………copies of the same value, signed by all the persons concerned. One copy shall be delivered to local authorities./.

_______________

¹ Specify the name according to instructions of Ministry of Home Affairs on administrative document formats and layouts.

² Specify the place name according to instructions of Ministry of Home Affairs on administrative document formats and layouts.

³ Applicable to cases as prescribed in Article 70 of the Law on handling of administrative violations.

⁴ Specify the address where the record is made.

⁵ Specify name, rank, position of the person who hands over the decision on penalties, the agency he/she works.

⁶ If the witness is the people from local authorities, specify full name and position of the witness.

⁷ Specify names of communes, wards and commune-level towns where the breaching individual resides or breaching organization is headquartered.

Specimen 09

WRITTEN RECORD

Retention of exhibits, means of violations, permits, practice certificates under administrative procedures in inland waterway traffic

To execute the Decision No. ……/QĐ-TGTVPTGPCC dated …………….signed by………………..(Decision on retention of exhibits, means of violation, permits and practice certificates),

Today, at ………………..dated……………….., in³ ……………………………….

We, including: (Full name, position, agency)

……………………………………………………………………………………………………

In the witness of: (full name, address, position, ID No. if any)⁴

……………………………………………………………………………………………………

Have retained exhibits, means of violation, permits and practice certificates of:⁵

Mr.(Mrs.)/organization:

Date of birth …… Nationality: ……………………………………………

Occupation/business areas: ……………………………………………………………

Address: …………………………………………………………………………………………

ID card or passport/Establishment Decision or Business Registration No.: ………………

Date of issue: ……………. Place of issue: ……………………………………………………

Retained exhibits and means of violations⁶:

……………………………………………………………………………………………………

Retained permits and practice certificates: …………………..

……………………………………………………………………………………………………

We have kept nothing else in addition to the exhibits, means of violation and papers above.

Opinions from the breaching individual or representative of breaching organization:

………………………………………………………………………………………………………

………………………………………………………………………………………………………

Opinions from the witnesses:⁷

………………………………………………………………………………………………………

………………………………………………………………………………………………………

Other additional opinions (if any):

………………………………………………………………………………………………………

………………………………………………………………………………………………………

The record is completed at ………………….., dated…………., comprising …………..pages, made into …………………copies of the same content and value, read out loud for all the persons concerned to acknowledge its true and sign their names. One copy is kept on file at the agency or organization which makes decision on the retention and one delivered to the breaching individual or organization.

_____________

1 Specify the name according to instructions of Ministry of Home Affairs on administrative document formats and layouts.

² Specify the place name according to instructions of Ministry of Home Affairs on administrative document formats and layouts.

³ Specify the address where the record is made.

⁴ If the witness is the people from local authorities, specify full name and position of the witness.

⁵ Specify full name, date of birth, nationality, address, occupation, ID card or passport number in case of breaching individuals; name, address, business areas, Establishment Decision or Business Registration No. in case of breaching organizations.

⁶ Specify name, quantity, weight, characteristics, conditions, brand, origin and type of exhibits and means of violation (or make a separate statistical table if necessary).

⁷ Specify in case the breaching person is unidentifiable, absent or fails to sign the record.

Specimen 10

RIGHTS ASSIGNMENT DOCUMENT

For imposition of penalties for administrative violations in inland waterway traffic

Pursuant to provisions prescribed in Article 54 of the Law on handling of administrative violations,

I am: …………………… Position: ……………… Unit: …………. ……………………………

Have assigned Mr./Mrs.: ……………………………… Position: ………………..

Unit: ………….Following rights:⁴……………………………………

 …………………………………………………………………………………………..

Reasons for assignment of rights:⁵……………………………………

……………………………………………………………………………………………………

Mr./Mrs.…………………..shall exercise the jurisdictions of ⁶ ……………………………….as prescribed in the Law on handling of administrative violations from …..dated………….. to ………dated …………….. ⁷.

During the handling of administrative violation, ⁸ Mrs./Mrs. …………. shall be responsible to the law and the rights assignor for his/her decisions.

_______________

¹ Specify the name according to instructions of Ministry of Home Affairs on administrative document formats and layouts.

² Specify the place name according to instructions of Ministry of Home Affairs on administrative document formats and layouts.

3 Specify types of rights assignment document (official dispatch, notices, decisions …).

⁴ Specify the rights to be assigned (impose penalties for administrative violations, apply preventive measures, ensure execution of penalties, enforce the execution of the Decision on imposition of penalties for administrative violations).

⁵ Specify the reasons (absence or other reasons).

⁶ Specify position of the rights assignor.

⁷ Specify time limits for assignment of rights.

⁸ Specify name of the rights assignee.