Nghị định 60/2011/ND-CP

DECREE

PROVIDING FOR SANCTION OF ADMINISTRATIVE VIOLTIONS IN INLAND WATERWAY TRANSPORT

THE GOVERNMENT

Pursuant to the Law on Governmental Organization dated December 25, 2001;

Pursuant to the Law on Inland Waterway Transport dated June 15, 2004;

Pursuant to the Ordinance on Handling of Administrative Violations dated July 02, 2002 and the Ordinance amending and supplementing some Articles of the Ordinance on Handling of Administrative Violations dated April 02, 2008;

At the proposal of the Minister of Transport,

DECREES:

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of governing

1. This Decree provides for violations, forms of sanction, fine levels, and remedies, the sanctioning competence, and procedures for sanctioning administrative violations in the field of inland waterway transport.

2. Administrative violations in the field of inland waterway transport are the acts of organizations and individuals who violate provisions of the legislation on inland waterway transport intentionally or unintentionally that is not crimes and as prescribed by law, must be sanctioned for administrative violations, including:

a) Violation of regulations on management and protection of the infrastructure works of inland waterway transport;

b) Violation of regulations on inland waterway transport means;

c) Violation of regulations on crew, driver of means;

d) Violation of regulations on traffic rules and signals of the vehicles;

đ) Violation of regulations on the operation of ports, inland wharves, and inland waterway transport.

Article 2. Subjects of application

1. Organizations and individuals in Vietnam having administrative violations in the field of inland waterway transport are sanctioned for administrative violations as prescribed in this Decree.

Foreign organizations or individuals that commit acts of administrative violations in the field of inland waterway transport on the territory of Vietnam shall be sanctioned under the provisions of this Decree; in case of international treaties which the Socialist Republic of Vietnam is a member otherwise provided for, comply with the international treaties.

2. The sanction of minors who commit acts of administrative violations in the field of inland waterway transport shall comply with Clause 1, Article 7 of the 2002 Ordinance on Handling of Administrative Violations.

3. Operators of seagoing vessels, fishing vessels upon operating on inland waterways commit acts of violations of the provisions of Article 7, Article 20, Article 21, Article 22, Article 25, Article 26, Article 32, or fishing vessels commit acts of violation of the provisions of Article 15, Article 23 of this Decree shall be sanctioned for administrative violations as prescribed in these Articles; for the other administrative violations, persons who are competent to sanction as specified in this Decree shall apply to the forms, the sanction levels stipulated in the Decree on sanction of administrative violations in the field of navigation, fisheries for sanctioning.

Article 3. Principles for sanctioning

1. All administrative violations in the field of inland waterway transport must be discovered in time and terminated immediately.

2. The sanction of administrative violations in the field of inland waterway transport must comply with the provisions of the 2002 Ordinance on Handling of Administrative Violations, the 2008 Ordinance amending and supplementing some Articles of the Ordinance on Handling of administrative violations, this Decree and shall be carried out quickly, fairly and thoroughly; all consequences caused administrative violations must be remedied as prescribed by law.

3. Individuals and organizations may only be sanctioned for administrative violations in the field of inland waterway transport when committing acts of violation of the provisions of the laws, ordinances, and in this Decree.

4. An administrative violation in the field of inland waterway transport shall be sanctioned only once.

A person who commits many acts of administrative violations shall be sanctioned for each violation.

Many persons commit together a major violation, each violator shall be sanctioned.

5. When making the decision of administrative violation, it must be based on the nature and seriousness of the violations, the person of the violator and extenuating, aggravating circumstances specified in Article 8 and Article 9 of the 2002 Ordinance on Handling of Administrative Violations.

6. Not to sanction administrative violation in cases of urgent situation, legitimate self-defense, unexpected incidents, force majeure or violation while suffering from mental illness or other diseases disabling awareness or the ability to control their behaviors.

Article 4. Principles for determining competence to sanction administrative violations

1. Competence to sanction administrative violations as prescribed in this Decree is the competence to apply for an administrative violation. In case of application of a fine, the sanctioning competence shall be determined based on the maximum level of the fine bracket prescribed for each specific violation.

2. In cases the administrative violations under the sanction jurisdiction of many persons, the sanction shall be made by the person who first accepts.

3. In case of sanctioning a person with many acts of administrative violation, the sanctioning competence shall be determined according to the following principles:

a) If the form, the sanction level is prescribed for each administrative violation falling under the jurisdiction of the sanctioning person, the sanctioning competence still belongs to that person;

b) If the form, the sanction level is prescribed for one of the ultra vires acts of the sanctioning person, the person must transfer the case of administrative violation to the authority that is competent to sanction;

c) If the acts of administrative violation to be of sanctioning competence of many persons from different sectors, the sanctioning competence is of chairman of People's Committee of the authority that is competent to sanction where the violations occur.

Article 5. Forms of sanctioning administrative violations and remedies

1. For each administrative violation in the field of inland waterway transport specified in this Decree, the violating organizations and individuals must suffer one of the following forms of the sanctions:

a) Warning;

b) Fine.

When imposing a fine, fine level for an administrative violation without specific aggravating or extenuating circumstances shall be the average level of the fine bracket prescribed for such act. The average level of the fine bracket is determined by dividing the total of the minimum and maximum level of the fine bracket. If the violation has extenuating circumstances, the fine level may be decreased lower than the average level, but not being lower than the minimum level of the fine bracket; if the violation has aggravating circumstances, the level of fine may be increased higher than average level, but not being higher than the maximum level of the fine bracket.

2. Depending on the nature and seriousness of their violations, organizations and individuals committing administrative violations may also be subject to one or the following forms of additional sanctions:

a) Stripping the right to use licenses, diplomas and professional certificates or other certificate of practice;

b) Confiscating material evidences and means used to commit acts of administrative violations.

3. Apart from the forms of major sanctions, additional sanctions specified in Clauses 1 and 2 of this Article, organizations, and individuals committing acts of administrative violations in the field of inland waterway transport are also subject to one or more of the following remedies:

a) Forced to restore the original state already changed due to administrative violations or forced to dismantle the works constructed not in compliance with regulations;

b) Forced to apply the remedies for the environmental pollution, spread of disease caused by administrative violations;

c) Forced to destroy harmful articles to human health, livestock and crops;

d) Forced to apply the remedies prescribed in Chapter II of this Decree.

Article 6. Prescription for sanctioning administrative violations in the field of inland waterway transport

1. Prescription for sanctioning administrative violations in the field of inland waterway transport is one year from the date that the violation is made. If the time limit is exceeded, it shall not be sanctioned but still apply remedies as prescribed in Clause 3 of Article 5 of this Decree.

2. Within a year, if the organizations and individuals commit acts of administrative violations again in the field of inland waterway transport or deliberately evade or obstruct the sanction, the prescription as provided for in Clause 1 of this Article shall not be applied; the prescription for sanctioning administrative violations shall be recalculated from the time of a new violation or time of termination of the acts of evading or obstructing the sanction.

3. For individual who was sued, prosecuted or got decision to be brought to trial in criminal proceedings, but then got decision to suspend the investigation or suspend the case that the violation is the administrative violation, shall be sanctioned for administrative violation; within three days from the date of the decision to suspend the investigation, suspension of the case, person who has made the decision must send the decision to the person who is competent to sanction administrative violations; in this case, the prescription for sanctioning administrative violation is three months from the date the person who is competent to sanction administrative violations receives the decision to suspend investigation or suspend the case and records of the violations.

Chapter 2.

ADMINISTRATIVE VIOLATIONS, FORMS, AND LEVELS OF SANCTION

SECTION 1. VIOLATIONS OF REGULATIONS ON MANAGEMENT AND PROTECTION OF THE INFRASTRUCTURE WORKS OF INLAND WATERWAY TRANSPORT

Article 7. Violation of the regulations on protection of the infrastructure works of inland waterway transport

1. A warning or a fine of between 50,000 VND and 100,000 VND shall be imposed for one of the following violations:

a) Dumping garbage or straw down the inland waterway, port water zone, inland wharves;

b) Tying the animals to signals of inland waterways, gauge landmarks, measurement landmarks, and landmarks limiting the scope of stream protection corridors.

2. A fine of between 100,000 VND and 200,000 VND shall be imposed for one of the following violations:

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

b) Tying the animals to signals of inland waterways, gauge landmarks, measurement landmarks, and landmarks limiting the scope of stream protection corridors.

3. A fine of between 200,000 VND and 500,000 VND shall be imposed for the acts to let objects, bamboo, and wood float freely within the stream.

4. A fine of between 500,000 VND and 1,000,000 VND shall be imposed for acts to let sludge, soil, sand, gravel or other waste fall, drift down the inland waterway.

5. A fine of between 1,000,000 VND and 3,000,000 VND shall be imposed for one of the acts of moving inland waterway signals, gauge landmarks, measurement landmarks, landmarks limiting the scope of stream protection corridors or other acts loosing the effect of inland waterway signals, gauge landmarks, measurement landmarks, landmarks limiting the scope of stream protection corridors.

6. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following violations:

a) Making erosion of embankments and dams;

b) Dismantling structures or taking land, stone of the infrastructure works of inland waterway transport;

c) Extracting sand, gravel or other minerals within the stream protection corridor not in compliance with regulations under the license or written approval of the competent authorities;

d) Dumping the mud, soil, rock, sand, gravel, or other waste not in compliance with regulations into stream or within the stream protection corridor.

7. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following violations:

a) Letting vehicles crashed, and collided with the infrastructure works of inland waterway transport or other works on inland waterways affecting the safety of the works or obstructing traffic;

b) Constructing houses, floating houses, works not incompliance with regulations under licenses granted by the competent authorities within the stream protection corridor or the protection scope of other works of infrastructure of inland waterway transport;

c) Extracting sand, gravel or other minerals within the stream protection corridor without license or written approval of the competent authorities.

8. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following violations:

a) Constructing houses, floating houses, works upon not having yet permitted by the competent authorities within the stream protection corridor or the protection scope of other works of infrastructure of inland waterway transport;

b) Constructing the works not in compliance with regulations under license granted by the competent authorities within the stream;

c) Extracting sand, gravel or other minerals within the stream protection corridor or the protection scope of other works of infrastructure of inland waterway transport not in compliance with regulations under license or written approval of the competent authorities.

9. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for one of the following violations:

a) Building the works within the stream without permission of competent agencies;

b) Extracting sand, gravel or other minerals within the stream scope or the protection scope of other works of infrastructure of inland waterway transport without license or written approval of the competent authorities.

10. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for one of the following violations:

a) Intentionally creating obstructions in the stream;

b) Using explosives to affect the safety of the infrastructure works of inland waterway transport or other works on inland waterways.

11. Forms of additional sanction:

a) Stripping the right to use permit of exploiting sand, gravel or other minerals from three to six months for violations prescribed at Point c, Clause 6 and point c, Clause 8 of this Article;

b) Confiscating equipment, facilities for violations prescribed at Point c, Clause 7, Clause 9 of this Article.

12. Remedies:

a) Forced to move trees, vehicles, animals, objects, bamboo, wood for the violations prescribed at Point b, Clause 1, Clause 2, Clause 3; forced to dismantle cottages, houses, floating houses, works, for the violations prescribed at Point a, Clause 8, Point a, Clause 9 and forced to dismantle part of the violation of houses, floating houses, works for violations prescribed at Point b, Clause 7, Point b, Clause 8; forced to clear obstacles for the violations prescribed at Point a, Clause 10 of this Article;

b) Forced to restore the original state that has been changed for violations prescribed at Point a, Clause 1, 3, 4, 5, point a, and point b clause 6, points a, c clause 7, Point c, Clause 8, point b, Clause 9 point b Clause 10 of this Article.

Article 8. Violation of the regulations on ensuring traffic safety during the work construction, mineral exploitation, organization of rehearsals, exercise, completion of sports, festivals, entertainment, market gathering on inland waterways

1. A fine of between 100,000 VND and 300,000 VND shall be imposed for the acts of operating facilities, construction equipment on inland waterways without a professional certificate or certificate of operating vehicle, and equipment according to regulations.

2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for organizations and individuals as construction of work, mining of sand, gravel or other minerals, holding a rehearsal, exercise, competition of sports, festivals , entertainment, market gathering on inland waterways have one of the following violations:

a) Failing to notify the competent agencies of the inland waterway transport when organizing a rehearsal, exercise, competition of sports, festivals , entertainment, market gathering on inland waterways;

b) Failing to comply with a plan to ensure traffic safety approved by competent agency as construction of work, mining of sand, gravel or other minerals, holding a rehearsal, exercise, competition of sports, festivals , entertainment on inland waterways;

c) Letting vehicles, construction equipment cause obstruction to transport;

d) Failing to hand over or handing over not on time, not enough the work records related to inland waterway transport to the inland waterway management units after the work construction is completed;

đ) Organizing market gathering on inland waterways without permission of the competent agencies.

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for organizations and individuals as construction of work, mining of sand, gravel or other minerals, holding a rehearsal, exercise, competition of sports, festivals, entertainment, market gathering on inland waterways without a plan to ensure traffic safety, or implementing the plan to ensure traffic safety approved by the competent agency.

4. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for acts of dredging inland waterways that dump sludge, soil, rock, sand and gravel within the stream protection corridor not in compliance with the places prescribed by competent authorities.

5. A fine of between VND 15,000,000 and 20,000,000 shall be imposed for acts of dredging inland waterways that dump sludge, soil, rock, sand and gravel within the stream not in compliance with the places prescribed by competent authorities.

6. Remedies:

a) Forced to take the measures to ensure traffic safety for violations prescribed at Point b, Clause 2, Clause 3 of this Article;

b) Forced to move vehicles, construction equipment for the violations prescribed at Point c, Clause 2 of this Article;

c) Forced to handover sufficient dossiers of work related to the work of inland waterway transport to the management units for inland waterway for the violations prescribed at Point d, Clause 2 of this Article;

d) Forced to move the positions of market gathering for the violations prescribed at Point đ, Clause 2 of this Article;

đ) Forced to clean up the places where soil, rock, sand, gravel sludge are dumped for the violations specified in Clauses 4 and 5 of this Article.

Article 9. Violation of regulations on management of inland waterways

1. A fine of between 1,000,000 VND to 2,000,000 VND shall be imposed for one of the following violations:

a) Failing to notify or untimely notifying in accordance with provisions upon the changes of stream;

b) Failing to set a tracking record of obstacles on the inland waterways that affect traffic safety.

2. A fine of between 2,000,000 VND and 5,000,000 VND shall be imposed for one of the following violations:

a) Failing to take timely measures to ensure traffic safety upon detection of obstacles on the stream;

b) Letting work of inland waterway transport damaged without measure of repair.

3. Remedies:

a) Forced to establish a tracking record of obstructions on the inland waterways for the violations prescribed at Point b, Clause 1 of this Article;

b) Forced to take measures to ensure traffic safety, repair the damaged buildings for the violations prescribed at Point a, Point b, Clause 2 of this Article.

Article 10. Violation of regulations on the clearance of obstacles

1. A fine of between 1,000,000 VND and 2,000,000 VND shall be imposed for violations of time limit to salvage vehicles sunk or to clear up other obstacles in accordance with provisions of the unit managing the inland waterways.

2. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for the acts of salvaging not up all vehicles sunk or clearing not up all the other obstacles.

3. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for acts of failing to salvage vehicles sunk or to clear up the other obstacles.

4. Remedies:

Forced to salvage vehicles, to clear up obstructions for the violations prescribed in Clause 2, Clause 3 of this Article.

Article 11. Violation of the regulations on ensuring traffic order and safety of inland waterway as mining, aquaculture, fisheries

1. A fine of between 100,000 VND and 300,000 VND shall be imposed for acts of catching mobile fisheries and aqua products interfering traffic.

2. A fine of between 300,000 VND and 500,000 VND shall be imposed for acts of placing tools, equipment of exploitation, aquaculture and aqua products within the stream protection corridor blocking visibility of the operators of the vehicles or placing tools, equipment of exploitation, aquaculture and marine products not in accordance with the guidance of the management unit of inland waterways.

3. A fine of between VND 500,000 VND and 1,000,000 VND shall be imposed for one of the following violations:

a) Failing to dismantle, remove tools, equipment of exploitation, aquaculture and aqua products after the termination of operations of mining, aquaculture within the scope of stream corridor protection;

b) Failing to dismantle, remove, and narrow tools and equipment of exploitation, aquaculture, and aqua products upon notice of the management unit of inland waterways.

4. A fine of between 1,000,000 VND and 3,000,000 VND shall be imposed for acts of placing tools, equipment of exploitation, aquaculture, and aqua products on stream.

5. Remedies:

Forced to dismantle, narrow down, move tools, equipment of exploitation, aquaculture, and aqua products for the violations prescribed in Clause 2, Clause 3, Clause 4 of this Article.

Article 12. Violation of regulations on inland waterway signal

1. A fine of between 500,000 VND and 1,000,000 VND shall be imposed for the acts of failing to install or installing improper signals of limit of water zone of inland wharf as prescribed.

2. A fine of between 1,000,000 VND and 2,000,000 VND shall be imposed for the acts of failing to install or installing improper provisions or failing to maintain signals of ferry wharf, signals of river crossing ports, signals for fish trap.

3. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for the act of failing to maintain signals on the inland waterways under the plan approved by the competent agencies.

4. A fine of between VND 3,000,000 and 4,000,000 shall be imposed for the act of failing to install the signals or installing improper provisions of signals of stream guidance, of limit of inland port water zone, of the location of obstacles, of construction works on the inland waterways, of works through the air stream, of the underground works crossing river.

5. Remedies:

Forced to install and maintain the signals as prescribed for the violations of provisions of this Article.

SECTION 2. VIOLATION OF PROVISIONS ON INLAND WATER MEANS

Article 13. Violation of regulations on operation conditions of vehicle, registration, registers of vehicles

1. A warning or a fine of between 50,000 VND and 100,000 VND shall be imposed for one of the following violations:

a) Lining, mounting registration numbers of vehicles not in compliance with regulations;

b) Registration number lined, mounted on vehicles blurred or obscured;

c) Putting non-motorized means of gross tonnage of less than 1 ton or less than five persons carrying capacity or rafts into operation without ensuring safety according to regulations.

2. A fine of between 100,000 VND and 200,000 VND shall be imposed for the operators of non-motorized means of gross tonnage from 1 ton to less than 5 tons or carrying capacity from 5 to 12 persons, motorized vehicles with a total capacity of main engines of less than 5 hp or a carrying capacity of less than 5 passengers have one of the following violations:

a) Failing to carry a certificate of means registration;

b) Failing to reregister vehicles as prescribed or not declaring to delete the name of means or not returning the certificate of means registration as prescribed;

c) Failing to line, mount the vehicle’s registration number as prescribed;

d) Failing to paint, painting not in compliance with regulations, or letting safety waterlines of the vehicle blurred, obscured;

đ) Failing to line, lining not in compliance with regulations or letting signboards of recording the number of persons allowed to carry on the vehicles blurred, obscured;

e) Failing to ensure the safe condition of the vehicle as prescribed.

3. A fine of between VND 200,000 and 300,000 shall be imposed for the operators of non-motorized means of gross tonnage from 5 tons to 15 tons or with a carrying capacity of 12 persons to 30 persons, motorized vehicles with a total capacity of main engines from 5 hp to 15 hp or with a carrying capacity from 5 to 12 persons have one of the following violations:

a) Failing to carry a certificate of means registration;

b) Failing to reregister vehicles as prescribed or not declaring to delete the name of means or not returning the certificate of means registration as prescribed;

c) Failing to line, mount the vehicle’s registration number as prescribed;

d) Failing to paint, painting not in compliance with regulations, or letting safety waterlines of the vehicle blurred, obscured;

đ) Failing to line, lining not in compliance with regulations or letting signboards of recording the number of persons allowed to carry on the vehicles blurred, obscured;

e) Failing to ensure the safe condition of the vehicle as prescribed;

g) Failing to carry certificates of technical safety and environmental protection of vehicles;

h) Using certificates of technical safety and environmental protection of the vehicles expired.

4. Sanction of administrative violations shall be imposed for one of the violations specified in Clause 3 of this Article or having no address book of crew as prescribed, as follows:

a) A fine of between VND 300,000 and 500,000 shall be imposed for non-motorized means of gross tonnage of more than 15 tons to 100 tons or with a carrying capacity of more than 30 persons to 100 persons, motorized vehicles with a total capacity of main engines of more than 15 hp to 100 hp or a carrying capacity of more than 12 persons to 50 persons;

b) A fine of between VND 500,000 and 700,000 shall be imposed for non-motorized means of gross tonnage of more than 100 tons to 500 tons or with a carrying capacity of more than 100 persons, vehicles with major engine motor of more than 100 hp to 400 hp or a carrying capacity of more than 50 persons to 150 persons;

c) A fine of between VND 700,000 and 1,000,000 VND shall be imposed for non-motorized means of gross tonnage of more than 500 tons, motorized vehicles with a total capacity of main engines of more than 400 hp or a carrying capacity of more than 150 persons.

5. Sanction of administrative violations shall be imposed for acts of using vehicles not being registered or not ensuring technical safety status and environmental protection of the means as prescribed, as follows:

a) A fine of between VND 300,000 and 500,000 shall be imposed for non-motorized means of gross tonnage from 1 ton to less than 5 tons or with a carrying capacity from 5 to 12 persons, motorized vehicles with a total capacity of main engines of less than 5 hp or with a carrying capacity of less than 5 persons;

b) A fine of between VND 500,000 and 700,000 shall be imposed for non-motorized means of gross tonnage from 5 tons to 15 tons or with a carrying capacity of more than 12 persons to 30 persons, motorized vehicles with a total capacity of main engines from 5 hp to 15 hp or with a carrying capacity from 5 to 12 persons;

c) A fine of between 700,000 VND and 1,000,000 VND shall be imposed for non-motorized means of gross tonnage of more than 15 tons to 100 tons or with a carrying capacity of more than 30 persons to 100 persons, motorized vehicles with a total capacity of main engines of more than 15 hp to 100 hp or with a carrying capacity of more than 12 persons to 50 persons;

d) A fine of between 1,000,000 VND and 2,000,000 VND shall be imposed for non-motorized means of gross tonnage of more than 100 tons to 500 tons or with a carrying capacity of more than 100 persons, motorized vehicles with a total capacity of main engines of more than 100 hp to 400 hp or with a carrying capacity of more than 50 persons to 150 persons;

đ) A fine of between VND 2,000,000 and 3,000,000 shall be imposed for non-motorized means of gross tonnage of more than 500 tons, motorized vehicles with a total capacity of main engines of more than 400 hp or with a carrying capacity of more than 150 persons.

6. Sanction of administrative violations shall be imposed for one of the acts of false declaration for registration, register of vehicles; borrowing, renting, lending, leasing equipment, tools for being registered, as follows:

a) A fine of between VND 500,000 and 1,000,000 shall be imposed for non-motorized means of gross tonnage from 1 ton to less than 5 tons or with a carrying capacity from 5 to 12 persons, motorized vehicles with a total capacity of main engines of less than 5 hp or with a carrying capacity of less than 5 persons;

b) A fine of between 1,000,000 VND and 2,000,000 VND shall be imposed for non-motorized means of gross tonnage from 5 tons to 15 tons or with a carrying capacity from 12 persons to 30 persons, motorized vehicles with a total capacity of main engines from 5 hp to 15 hp or with a carrying capacity from 5 to 12 persons;

c) A fine of between VND 2,000,000 and 4,000,000 shall be imposed for non-motorized means of gross tonnage of more than 15 tons to 100 tons or with a carrying capacity of more than 30 persons to 100 persons, motorized vehicles with a total capacity of main engines of more than 15 hp to 100 hp or with a carrying capacity of more than 12 and 50 persons;

d) A fine of between VND 4,000,000 and 6,000,000 shall be imposed for non-motorized means of gross tonnage of more than 100 tons to 500 tons or with a carrying capacity of more than 100 persons, motorized vehicles with a total capacity of main engines of more than 100 hp to 400 hp or with a carrying capacity of more than 50 persons to 150 persons;

đ) A fine of between 6,000,000 VND and 8,000,000 VND shall be imposed for non-motorized means of gross tonnage of more than 500 tons, motorized vehicles with a total capacity of main engines of more than 400 hp or with a carrying capacity of more than 150 persons.

7. Sanction shall be imposed for the acts of using fake certificate of vehicle registration, certificate of technical safety and environmental protection of fake means, lining or mounting the fake registration numbers, as follows:

a) A fine of between 1,000,000 VND and 2,000,000 VND shall be imposed for non-motorized means of gross tonnage from 1 ton to less than 5 tons or with a carrying capacity from 5 to 12 persons, motorized vehicles with a total capacity of main engines of less than 5 hp or with a carrying capacity of less than 5 persons;

b) A fine of between 2,000,000 and 4,000,000 shall be imposed for non-motorized means of gross tonnage from 5 tons to 15 tons or with a carrying capacity of more than 12 persons to 30 persons, motorized vehicles with a total capacity of main engines from 5 hp to 15 hp or with a carrying capacity from 5 to 12 persons;

c) A fine of between VND 4,000,000 and 6,000,000 shall be imposed for non-motorized means of gross tonnage of more than 15 tons to 100 tons or with a carrying capacity of more than 30 persons to 100 persons, motorized vehicles with a total capacity of main engines of more than 15 hp to 100 hp or with a carrying capacity of more than 12 persons to 50 persons;

d) A fine of between VND 6,000,000 and VND 8,000,000 shall be imposed for non-motorized means of gross tonnage of more than 100 tons to 500 tons or with a carrying capacity of more than 100 persons, motorized vehicles with a total capacity of main engines of more than 100 hp to 400 hp or with a carrying capacity of more than 50 persons to 150 persons;

đ) A fine of between VND 8,000,000 and 10,000,000 shall be imposed for non-motorized means of gross tonnage of more than 500 tons, motorized vehicles with a total capacity of main engines of more than 400 hp or with a carrying capacity of more than 150 persons.

8. Forms of additional sanction:

Confiscating material evidences used to commit acts of violation specified in Clause 6, Clause 7 of this Article.

9. Remedies:

Forced to fulfill the conditions of operation, technical safety standards of means for violations provided for in this Article.

Article 14. Violation of the regulations on safety equipment, tools of the vehicles

1. A warning or a fine of between 20,000 VND and 50,000 VND shall be imposed for the acts bringing non-motorized means of gross tonnage of less than 5 tons or with a carrying capacity of up to 12 persons, motorized vehicles with a total capacity of main engines of less than 5 hp or with a carrying capacity of less than 5 persons into operation that are not equipped or equipped with inadequate safety equipment as prescribed.

2. Sanction of administrative violations shall be imposed for one of the acts of equipping with inadequate quantity, improper category, not guaranteeing the quality or layout of improper location of one of the devices, instruments of life rescue and shipwreck, fire prevention and fighting, anchoring, alignment of means as defined as follows:

a) A fine of between VND 50,000 and 100,000 shall be imposed for non-motorized means of gross tonnage from 5 tons to 15 tons or with a carrying capacity of more than 12 persons to 30 persons; motorized vehicles with a total capacity of main engines from 5 hp to 15 hp or with a carrying capacity from 5 to 12 persons;

b) A fine of between VND 100,000 and 300,000 shall be imposed for non-motorized means of gross tonnage from 15 tons to 100 tons or with a carrying capacity of more than 30 to 100 persons; motorized vehicles with a total capacity of main engines of more than 15 hp to 100 hp or with a carrying capacity of more than 12 persons to 50 persons, tow convoys of gross tonnage of up to 400 tons;

c) A fine of between VND 300,000 and 500,000 shall be imposed for non-motorized means of gross tonnage of more than 100 tons to 500 tons or with a carrying capacity of more than 100 persons; motorized vehicles with a total capacity of main engines of more than 100 hp to 400 hp or with a carrying capacity of more than 50 persons to 150 persons, tow convoys of gross tonnage from more than 400 tons to 1,000 tons;

d) A fine of between VND 500,000 and 1,000,000 shall be imposed for non-motorized means of gross tonnage of more than 500 tons, motorized vehicles with a total capacity of main engines of more than 400 hp or with a carrying capacity of more than 150 persons, tow convoys of gross tonnage of more than 1,000 tons.

3. Sanction shall be imposed for the acts of failing to equip one of the types of equipment, instruments of life rescue and shipwreck, fire prevention and fighting, anchoring, alignment of means as prescribed, as follows:

a) A fine of between VND 200,000 and 300,000 shall be imposed for non-motorized means of gross tonnage from 5 tons to 15 tons or with a carrying capacity of more than 12 persons to 30 persons, motorized vehicles with a total capacity of main engines from 5 hp to 15 hp or with a carrying capacity from 5 to 12 persons;

b) A fine of between VND 300,000 and 500,000 shall be imposed for non-motorized means of gross tonnage of more than 15 tons to 100 tons or with a carrying capacity of more than 30 persons to 100 persons, motorized vehicles with a total capacity of main engines of more than 15 hp to 100 hp or with a carrying capacity of more than 12 to 50 persons, tow convoys of gross tonnage of up to 400 tons;

c) A fine of between VND 500,000 and 1,000,000 shall be imposed for non-motorized means of gross tonnage of more than 100 tons to 500 tons or with a carrying capacity of up to 100 persons, motorized vehicles with a total capacity of main engines of more than 100 hp to 400 hp or with a carrying capacity of more than 50 persons to 150 persons, tow convoys of gross tonnage from more than 400 tons to 1,000 tons;

d) A fine of between 1,000,000 VND and 2,000,000 VND shall be imposed for non-motorized means of gross tonnage of more than 500 tons, motorized vehicles with a total capacity of main engines of more than 400 hp or with a carrying capacity of more than 150 persons, tow convoys of gross tonnage of more than 1,000 tons.

4. Remedies:

Forced to equip with the adequate amount, proper category, quality, and layout of the right location for equipment, tools of life rescue and shipwreck, fire prevention and fighting, anchoring of means as prescribed for violations provided for in this Article.

Article 15. Violation of the regulations on utility, the operation zone of vehicles

1. Sanction of administrative violations for the acts of bringing the means into operation for improper utility or operation zone of the means as prescribed, as follows:

a) A warning or a fine of between 100,000 VND and 200,000 VND shall be imposed for non-motorized means of gross tonnage of less than 5 tons or with a carrying capacity of up to 12 persons; motorized vehicles with a total capacity of main engines of less than 5 hp or with a carrying capacity of less than 5 persons;

b) A fine of between VND 200,000 and 300,000 shall be imposed for non-motorized means of gross tonnage from 5 tons to 15 tons or with a carrying capacity of more than 12 persons to 30 persons, motorized vehicles with a total capacity of main engines from 5 hp to 15 hp or with a carrying capacity from 5 to 12 persons;

c) A fine of between VND 300,000 and 500,000 shall be imposed for non-motorized means of gross tonnage of more than 15 tons to 100 tons or with a carrying capacity of more than 30 persons to 100 persons, motorized vehicles with a total capacity of main engines of more than 15 hp to 100 hp or with a carrying capacity of more than 12 to 50 persons;

d) A fine of between VND 500,000 and 1,000,000 shall be imposed for non-motorized means of gross tonnage of more than 100 tons to 500 tons or with a carrying capacity of more than 50 persons to 150 persons, motorized vehicles with a total capacity of main engines of more than 100 hp to 400 hp or with a carrying capacity of more than 150 persons.

2. Forms of additional sanction:

Stripping the right to use the captain certificate of captains of means prescribed at Point c, d, đ, Clause 1 of this Article from one month to two months when committing act of violation specified in Clause 1 of this Article.

Article 16. Violation of regulations on design, new building, conversion, repair, recovery of vehicles

1. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for organizations and individuals practicing design of new building, conversion, repair, and recovery of vehicles not eligible as prescribed.

2. A fine of between VND 5,000,000 and 7,000,000 shall be imposed for owners of establishments and individuals practicing new building, conversion, and repair, recovery of vehicles having one of the following violations:

a) New building, conversion, and repair, recovery of vehicles not in compliance with design documents that have been approved by the register agencies;

b) Failing to perform or performing inadequate measures of fire prevention and fighting as prescribed;

c) Discharging waste not in compliance with provisions causing environmental pollution.

3. A fine of between 5,000,000 VND and 7,000,000 VND shall be imposed for one of the following violations:

a) The owners of the establishments conducting new building, conversion, and repair, recovery of vehicles subject to register without design documents approved by register agencies;

b) Vehicles owners or crew voluntarily convert, change features, structures and utility of vehicles.

4. Forms of additional sanction:

Stripping the right to use license or practice certificate from one month to three months for the violations prescribed in Clause 1, Point a, Clause 3 of this Article.

5. Remedies:

Forced to take measures for fire prevention and fighting and overcome environmental pollution for the owners of establishments having violations prescribed at Point b, Point c, Clause 2 of this Article.

SECTION 3. VIOLATION OF PROVISIONS ON CREW, MEANS OPERATORS

Article 17. Violation of the provisions of diplomas and professional certificates of crew, means operators

1. Sanction of administrative violations shall be imposed for crew, means operators working on vessels with the following violations:

a) A fine of between 200,000 VND and 300,000 VND shall be imposed for the acts of having no, not carrying training certificates of basic safety or not bringing along professional certificates;

b) A fine of between 300,000 VND and 500,000 VND shall be imposed for the acts of having no professional certificates in accordance with provisions or not bringing along special expertise certificates;

c) A fine of between 500,000 VND and 1,000,000 VND shall be imposed for the act of having no special professional certificate as prescribed.

2. Sanction of administrative violations shall be imposed for the crew working on vessels without certificates, not carrying certificates or bringing certificates but not suitable to vehicles as prescribed, as follows:

a) A fine of between VND 500,000 and 1,000,000 shall be imposed for the captain, mate, chief engineer, deputy chief engineer not carrying certificates of captain, chief engineer;

b) A fine of between VND 1,000,000 VND and 2,000,000 VND shall be imposed for the captain, mate, chief engineer, deputy chief engineer having certificates of captain, chief engineer but not suitable to vehicles as prescribed;

c) A fine of between VND 2,000,000 and 3,000,000 shall be imposed for the captain, mate, chief engineer, deputy chief engineer having no certificates that in accordance with provisions, it must have third-grade certificates of captain, chief engineer;

d) A fine of between VND 3,000,000 and 4,000,000 shall be imposed for the captain, mate, chief engineer, deputy chief engineer having no certificates that in accordance with provisions, it must have second-grade certificates of captain, chief engineer;

e) A fine between VND 4,000,000 VND and 5,000,000 VND shall be imposed for the captain, mate, chief engineer, deputy chief engineer having no certificates that in accordance with provisions, it must have first-grade certificates of captain, chief engineer.

3. A fine of between 2,000,000 VND and 3,000,000 VND shall be imposed for one of the following violations:

a) Assigning persons in charge of titles of captain, mate, chief engineer, deputy chief engineer having no certificates of captain, chief engineer or having certificates of captain, chief engineer but not suitable to types of vehicles as prescribed;

b) Assigning persons who have no certificate of captain or certificate of driving, operating vehicles or have certificate of captain or certificate of driving, operating vehicles but not suitable to the vehicles as prescribed.

4. Sanction of administrative violations shall be imposed for acts of leasing, lending or hiring, borrowing diplomas, professional certificates; erasing, correcting diplomas, professional certificates, as follows:

a) A fine of between VND 500,000 and 1,000,000 shall be imposed for professional certificates;

b) A fine of between VND 1,000,000 VND and 2,000,000 VND shall be imposed for special professional certificates;

c) A fine of between VND 2,000,000 and 3,000,000 shall be imposed for the certificate of captain, chief engineer.

5. Sanction of administrative violations shall be imposed for acts of false declaration to be issued, extended diplomas, professional certificates, as follows:

a) A fine of between VND 1,000,000 VND and 2,000,000 VND shall be imposed for professional certificates;

b) A fine of between VND 2,000,000 and 3,000,000 shall be imposed for special professional certificates;

c) A fine of between VND 3,000,000 and 5,000,000 shall be imposed for the certificates of captain, chief engineer.

6. Sanction of administrative violations shall be imposed for acts of using fake diplomas or professional certificates of crew, operators of inland waterway means fake, as follows:

a) A fine of between VND 3,000,000 and 4,000,000 shall be imposed for acts of using fake special professional certificates, expertise certificates;

b) A fine of between VND 4,000,000 and VND 6,000,000 shall be imposed for acts of using fake third-grade certificates of captain, chief engineer;

c) A fine of between VND 6,000,000 and VND 8,000,000 shall be imposed for acts of using fake second-grade certificates of captain, chief engineer;

d) A fine of between VND 8,000,000 and 10,000,000 shall be imposed for acts of using fake first-grade certificates of captain, chief engineer;

7. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for the acts of faking the certificates of captain, chief engineer, professional certificates of crew, operator of inland waterway means.

8. Forms of additional sanction:

a) Stripping the right to use diplomas, professional certificates from one month to three months for the violations prescribed in Clause 4 of this Article;

b) Confiscating diplomas and professional certificates of crew, operator of vehicles for the violations prescribed in Clause 5, Clause 6, Clause 7 of this Article;

c) Confiscating material evidences and means used for administrative violations for the violations prescribed in Clause 7 of this Article.

9. Remedies:

Forced to remedy for the violations prescribed in Clause 2, Clause 3 of this Article.

Article 18. Violation of regulations for crew, operators of vehicles

1. A fine of between 100,000 VND and 200,000 VND shall be imposed for acts while working on vehicles that have alcohol content in excess of 80 milligram/ 100 milliliters of blood or 40 milligram/1lit breathe air or using other stimulants prohibited by law.

2. A fine of between 200,000 VND and 500,000 VND shall be imposed for one of the following violations:

a) Failing to allocate enough planning of crew in accordance with provisions or employing persons to work on vehicles not on the address book of crew;

b) Arranging crew, operators of vehicles to work in the state that they have alcoholic content in excess of 80 milligram/ 100 milliliters of blood or 40 milligram/1lit breathe air or use other stimulants prohibited to use by law;

c) Failing to arrange crew to look after vehicles when they are being moored or failing to arrange persons for watching when vehicles are going in the condition that the visibility is limited;

d) The crew arranged to look after vehicles when they are being moored are not present on the vehicles or fail to look after vehicles as prescribed;

đ) Using persons as crew who are not eligible according to provisions.

 3. A fine of between 500,000 VND and 1,000,000 VND shall be imposed for one of the following violations:

a) Assigning person who is not healthy enough, not old enough or too old as prescribed to undertake titles of captain and chief engineer, mate, deputy chief engineer;

b) The captain, mate is not present on vessels during the work shift when the vehicle is traveling;

c) The captain does not directly control the vehicle while crossing the bridge, dock, in and out of ports, inland terminals and in cases as prescribed that captain must directly control vehicle;

d) The crew who are not captain but directly drive means when crossing the bridge, dock, in and out of ports, inland terminals or in other cases as prescribed that captain must directly control vehicle.

4. Sanction of administrative violation shall be imposed for the acts of controlling vehicles, working on vehicles in the duration being deprived the right to use professional certificates, the certificates of captain, chief engineer as follows:

a) A fine of between VND 200,000 and 500,000 shall be imposed for professional certificates;

b) A fine of between VND 500,000 and 1,000,000 shall be imposed for the third-grade certificates of captain, chief engineer;

c) A fine of between 1,000,000 VND and 2,000,000 VND shall be imposed for the second-grade certificates of captain, chief engineer;

d) A fine of between VND 2,000,000 and 3,000,000 shall be imposed for the first-grade certificates of captain, chief engineer.

5. Forms of additional sanction:

Stripping the right to use the certificate of captain from one month to two months for the violations as prescribed at Point b, Point c, Clause 3 of this Article.

6. Remedies:

Forced to remedy for the violations prescribed in Clause 2, Clause 3 of this Article.

Article 19. Violation of regulations on establishments training crew, operators of vehicles

1. A fine of between 5,000,000 VND and 7,000,000 VND shall be imposed for one of the following violations:

a) Failing to comply with regulations on enrollment;

b) Failing to perform or performing incomplete content, the training program as prescribed.

2. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for one of the following violations:

a) Failing to ensure standards of classrooms, workshops and practice areas as prescribed;

b) Failing to meet the conditions as prescribed on teaching materials;

c) Failing to meet the conditions as prescribed for teachers;

d) Failing to comply with regulations of examination, tests for learners.

3. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for the acts of organizing to train crew, operators of vehicles when have not been issued certificate by the competent authorities.

Article 20. Violation of regulations on the responsibility when the accident of inland waterway traffic occurs

1. A warning or a fine of between VND 50,000 and 100,000 shall be imposed for the act of failing to timely report to the Public Security or the nearest local People's Committee where the accident of inland waterway traffic occurred.

2. A fine of between 100,000 VND and 200,000 VND shall be imposed for the act of failing to be present on time as being convened by the competent state agency.

3. A fine of between 500,000 VND and 1,000,000 VND shall be imposed for one of the following violations:

a) Failing to protect or altering trail and exhibits related to the accident;

b) Failure to provide or providing inadequate documents and exhibits related to the accident;

c) Avoiding duty of rescue upon having condition to rescue;

d) Causing disorder or hindering the rescue, handling of accident;

đ) Taking advantage of the accident to infringe the property, vehicles in distress.

4. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for the acts of causing the accident but fled.

5. Forms of additional sanction:

a) Stripping the right to use diplomas, professional certificates from one month to three months for the violations prescribed in Clause 3 of this Article;

b) Stripping the right to use diplomas, professional certificates from three to six months for the violations prescribed in Clause 4 of this Article.

Article 21. Violation of regulations on inspection and control

1. A fine of between 500,000 VND and 1,000,000 VND shall be imposed for one of the following violations:

a) Failing to use the facilities after receiving the signal of inspection, control of the competent persons;

b) Presenting inadequate papers of facilities, crew, or the drivers of vehicles, goods upon request of inspection of the competent persons;

c) Failing to comply with the requirements of the competent persons on the inspection and control of equipment, safety tools of vehicles.

2. A fine of between 1,000,000 VND and 2,000,000 VND shall be imposed for one of the following violations:

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

b) Failing to present or attempting to delay or prolonging the presentation of papers of the vehicles, crew or the drivers of vehicles, goods upon request of inspection of the competent persons;

c) Having verbal abuse, slander, insult to competent persons as conducting the inspection, control or acts of obstructing the inspection and control;

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

đ) Having the act of bribing enforcement persons to evade the sanctions for administrative violations.

3. A fine of between 2,000,000 and 3,000,000 shall be imposed for the act against the inspection and control of the competent persons.

4. Forms of additional sanction:

a) Stripping the right to use diplomas, professional certificates from one month to three months for the violations prescribed in Clause 2, Clause 3 of this Article;

b) Confiscating into public funds, property or other material benefits for the violations prescribed at Point đ, Clause 2 of this Article.

SECTION 4. VIOLATIONS OF TRAFFIC RULES AND SIGNALS OF MEANS

Article 22. Violation of traffic rules

1. A warning or a fine of between 50,000 and 100,000 shall be imposed for the drivers of the motorized vehicles of gross tonnage of less than 5 tons or with a carrying capacity of up to 12 persons, vehicles with main engine motor of less than 5 hp or with a carrying capacity of less than 5 persons, having one of the following violations:

a) Hang on to vehicles carrying passengers, vehicles carrying dangerous goods when traveling;

b) Letting vehicles carrying passengers, vehicles carrying dangerous goods stick to their vehicles while traveling;

c) Failing to follow instructions of the inland waterway signals;

d) Failing to slow down vehicle’s speed as prescribed;

đ) Failing to comply with the regulations when crossing the bridge, culvert, dock or instructions of the navigation controller;

e) Failing to send signal of the vehicles in accordance with provisions as going in and out of the ports, inland terminals, travelling in terms of visibility to be limited or where the streams cross with each other, the streams are bended;

g) Anchoring means at the places that the anchoring to be forbidden, failing to comply with the provisions of anchoring vehicles or anchoring of vehicles causing obstruction for traffic;

h) Failing to send signal according to regulations before the vehicles leave ports, inland wharves, or mooring place of means;

i) Anchoring means for loading and unloading cargos, embarking and disembarking passengers at the places where are not water zone of ports and inland terminals.

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

a) A fine of between VND 100,000 and 200,000 shall be imposed for non-motorized means of gross tonnage from 5 tons to 15 tons or with a carrying capacity of 12 persons to 30 persons, motorized vehicles with a total capacity of main engines from 5 hp to 15 hp or with a carrying capacity from 5 to 12 persons;

b) A fine of between VND 200,000 and 300,000 shall be imposed for non-motorized means of gross tonnage of more than 15 tons to 100 tons or with a carrying capacity of more than 30 persons to 100 persons, motorized vehicles with a total capacity of main engines of more than 15 hp to 100 hp or with a carrying capacity of more than 12 to 50 persons;

c) A fine of between VND 300,000 and 500,000 shall be imposed for non-motorized means of gross tonnage of more than 100 tons to 500 tons or with a carrying capacity of more than 100 persons, motorized vehicles with a total capacity of main engines of more than 100 hp to 400 hp or with a carrying capacity of more than 50 persons to 150 persons;

d) A fine of between VND 500,000 and 1,000,000 shall be imposed for non-motorized means of gross tonnage of more than 500 tons, motorized vehicles with a total capacity of main engines of more than 400 hp or with a carrying capacity of more than 150 persons.

3. A fine of between 100,000 VND and 200,000 VND shall be imposed for the acts of driving non-motorized means of gross tonnage of less than 5 tons or with a carrying capacity of up to 12 persons, motorized vehicles with a total capacity of main engines of less than 5 hp or with a carrying capacity of less than 5 persons having one of the following violations:

a) Failing to send signals or sending signals not in compliance with regulations while avoiding each other or crossing each other;

b) Crossing other means when having not been sent signal to permit passing;

c) Abusing the right to be given way, the priority to cause danger or hindrance to other vehicles;

d) Failing to avoid, give way to other vehicles as prescribed;

đ) Hanging on to or tying to other vehicles or letting other means to hang on or tie to their vehicles for loading and unloading cargos while traveling.

4. Sanction of administrative violations for one of the violations specified in Clause 3 of this Article shall be imposed for each type of vehicle, as follows:

a) A fine of between VND 200,000 and 300,000 shall be imposed for non-motorized means of gross tonnage from 5 tons to 15 tons or with a carrying capacity of more than 12 persons to 30 persons, motorized vehicles with a total capacity of main engines from 5 hp to 15 hp or with a carrying capacity from 5 to 12 persons;

b) A fine of between VND 300,000 and 500,000 shall be imposed for non-motorized means of gross tonnage of more than 15 tons to 100 tons or with a carrying capacity of more than 30 persons to 100 persons, motorized vehicles with a total capacity of main engines of more than 15 hp to 100 hp or with a carrying capacity of more than 12 and 50 persons;

c) A fine of between VND 500,000 and 1,000,000 shall be imposed for non-motorized means of gross tonnage of more than 100 tons to 500 tons or with a carrying capacity of more than 100 persons, motorized vehicles with a total capacity of main engines of more than 100 hp to 400 hp or with a carrying capacity of more than 50 persons to 150 persons;

d) A fine of between 1,000,000 VND and 2,000,000 VND shall be imposed for non-motorized means of gross tonnage of more than 500 tons, motorized vehicles with a total capacity of main engines of more than 400 hp or with a carrying capacity of more than 150 persons.

5. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for one of the following violations:

a) Operating vehicles swayed, unsafe;

b) Operating vehicles to generate large waves causing damage to transport works;

c) Operating vehicles with great speed causing unsafe for other vehicles.

6. A fine of between 5,000,000 and 7,000,000 shall be imposed for the captains operating means of transport not complying with signals of limit in height, depth, width that cause traffic accidents, traffic jams or cause damage to the works on inland waterways.

7. A fine of between VND 7,000,000 and 10,000,000 shall be imposed for the captains operating means of tow convoys not complying with signals of limit in towing that cause traffic accidents, traffic jams or cause damage to works on inland waterways.

8. A fine of between VND 20,000,000 and 30,000,000 shall be imposed for act of racing vehicles not in compliance with regulations.

9. A fine of between VND 30,000,000 and 40,000,000 shall be imposed for act of organizing the race of vehicles without permission of the competent agencies.

10. Forms of additional sanction:

a) Stripping the right to use the certificates of captain, and professional certificates of crew, operators of vehicles from one month to two months for the violations prescribed in Clause 5 of this Article; stripping the right to use the certificates of captain from two months to three months for the violations prescribed in Clause 6, Clause 7 of this Article; stripping the right to use diplomas and professional certificates of crew, operators of vehicles indefinitely for the violations specified in clause 8 of this Article;

b) Confiscating vehicles for the violations prescribed in Clause 8, Clause 9 of this Article.

11. Remedies:

Forced to restore the initial state for works damaged by violations prescribed in Clause 6, Clause 7 of this Article.

Article 23. Violation of regulations on vehicle’s signal

1. Sanction of Administrative violation shall be imposed for act of using signals on the vehicles not ensuring the technical standards as prescribed, as follows:

a) A warning or a fine of between VND 30,000 and 50,000 shall be imposed for non-motorized means of gross tonnage of less than 50 tons, motorized vehicles with a total capacity of main engines of less than 5 hp or rafts;

b) A fine of between VND 50,000 and 100,000 shall be imposed for non-motorized means of gross tonnage from 50 tons or more, motorized vehicles with a total capacity of main engines from 5 hp to less than 50 hp, except for means prescribed in Point c Clause 1 of this Article;

c) A fine of between 100,000 VND and 200,000 VND shall be imposed for motorized vehicles with a total capacity of main engines from 50 hp or more, high-speed vehicles of more than 30 km/h, motorized vehicles carrying passengers, the vehicles carrying pilots, means conducting tasks on stream, fishing ships, vehicles carrying dangerous goods, means carrying passengers or animals suffering from epidemic, tow convoys or vehicles are being stranded on the stream.

2. Sanction of administrative violations shall be imposed for act of not arranging or arranging improper signals of the vehicles as prescribed, as follows:

a) A fine of between VND 100,000 and 300,000 shall be imposed for non-motorized means of gross tonnage of less than 50 tons or more, motorized vehicles with a total capacity of main engines of less than 5 hp or rafts;

b) A fine of between VND 300,000 and 500,000 shall be imposed for non-motorized means of gross tonnage from 50 tons or more, motorized vehicles with a total capacity of main engines from 5 hp to 50 hp, except for means prescribed at Point c, Clause 2 of this Article;

c) A fine of between VND 500,000 and 700,000 shall be imposed for motorized vehicles with a total capacity of main engines from 50 hp or more, motorized vehicles carrying passengers, fishing ships, high-speed vehicles of more than 30 km/h, the vehicles carrying pilots, vehicles carrying dangerous goods, means carrying passengers or animals suffering from epidemic, means conducting tasks on stream, tow convoys or vehicles are being stranded on the stream.

3. Remedies:

Forced to overcome signal not satisfying the standards for the violations prescribed in Clause 1, arrange full, proper signals of means for the violations specified in Clause 2 of this Article.

SECTION 5. VIOLATION OF THE PROVISIONS ON OPERATIONS OF PORTS, INLAND WATERWAY WHARF, INLAND WATERWAY STRANSPORT

Article 24. Violation of the regulations on operation of ports and inland waterway wharves

1. A fine of between 500,000 VND and 1,000,000 VND shall be imposed for one of the following violations:

a) Having no board of internal rules for ports and inland waterway wharf required to have board of internal rules in accordance with provisions; ports and passenger terminals having no fare table listed in accordance with regulations;

b) Failing to arrange, arranging incompletely or not guaranteeing the safety conditions of one of buffers for anti-collision, bridge for passengers to go up and down, the flange pole or the buoys for the vehicles to tie to, lights at night, having no waiting-hall for passengers;

c) Arranging the operators of devices of loading or unloading without professional certificates as prescribed.

2. A fine of between 1,000,000 VND and 2,000,000 VND shall be imposed for one of the following violations:

a) Exploiting wharves beyond the scope of water zones or exploiting in excess of permitted duration; arbitrarily changing the structures, the size of the wharves compared with provisions in the permit;

b) Failing to equip with or equipping with inadequate equipment of fire prevention and fighting as prescribed;

c) Using devices of loading and unloading goods without registration, without guaranteeing the technical safety standards as prescribed;

d) Letting passengers get in vehicles in excess of the carrying capacity of the vehicles or loading cargo into vehicles beyond the safety waterlines of the vehicles;

đ) Loading and unloading cargos or embarking, disembarking passengers when the vehicles are not allowed going into the wharves;

e) Receiving vehicles with waterlines or sizes larger than the sizes specified in the permits of the competent agencies.

3. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for act of putting inland waterway wharves into operation without permits of operating inland waterway wharves of the competent agencies.

4. A fine of between VND 3,000,000 and 4,000,000 shall be imposed for one of the following acts:

a) Exploiting inland waterway ports beyond the scope of water zones or exploiting in excess of permitted duration; or changing the structures, the size, function of the wharves without approval of the competent agencies;

b) Failing to equip with or equipping with inadequate equipment of fire prevention and fighting as prescribed;

c) Using devices of loading and unloading goods without registration, without guaranteeing the technical safety standards as prescribed;

d) Letting passengers get in vehicles in excess of the carrying capacity of the vehicles or loading cargos into vehicles beyond the safety waterlines of the vehicles;

đ) Loading and unloading cargos or embarking, disembarking passengers when the vehicles are not allowed going into the wharves;

e) Receiving vehicles with waterlines or sizes larger than the sizes specified in the permits of the competent agencies.

5. A fine of between VND 5,000,000 and VND 6,000,000 shall be imposed for act of putting wharves into operation that have not been announced by competent agencies.

6. A fine of between 6,000,000 VND and 7,000,000 VND shall be imposed for act of discharging waste not in compliance with the prescribed place or causing environmental pollution in the port waters, inland wharves.

7. Remedies:

Forced to bringing out of the vehicles the number of passengers beyond the carrying capacity, number of goods in excess of the safety waterlines of the vehicles as prescribed for the violations prescribed at Point d, Clause 2, Point d, Clause 4; forced to take measures to overcome the environmental pollution, for the acts prescribed in Clause 6 of this Article.

Article 25. Violation of regulations on the operation of vehicles within the scope of port, inland waterway wharves

1. A warning or a fine of between VND 50,000 and 100,000 shall be imposed for crew, operators of non-motorized vehicles of gross tonnage of up to 15 tons or with a carrying capacity of up to 30 persons, motorized vehicles with a total capacity of main engines of up to 15 hp or with a carrying capacity of up to 12 persons having one of the following violations:

a) Not letting persons of other vehicles to get in their vehicles;

b) Violating internal rules of ports, inland waterway wharves, or causing disorder in ports, inland waterway wharves;

c) Operating means to go in and out of ports, inland waterway wharves without permits to go in and out of ports, terminals as prescribed;

d) Failing to carry out the command of persons who are competent to mobilize the means to save persons, vehicles in distress;

đ) Arbitrarily moving vehicles or mooring vehicles not in compliance with prescribed place within the scope of port waters, inland waterway wharves.

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

a) A fine of between 100,000 VND and 200,000 VND shall be imposed for means of gross tonnage of more than 15 tons to 100 tons or with a carrying capacity of more than 30 persons to 100 persons, motorized vehicles with a total capacity of main engines of more than 15 hp to 100 hp or with a carrying capacity of more than 12 to 50 persons;

b) A fine of between VND 200,000 and 300,000 shall be imposed for means of gross tonnage of more than 100 tons to 500 tons or with a carrying capacity of more than 100 persons, motorized vehicles with a total capacity of main engines of more than 100 hp to 400 hp or with a carrying capacity of more than 50 persons to 150 persons;

c) A fine of between 300,000 VND and 500,000 VND shall be imposed for means of gross tonnage of more than 500 tons, motorized vehicles with a total capacity of main engines of more than 400 hp or with a carrying capacity of more than 150 persons.

3. A fine of between 500,000 VND and 1,000,000 VND shall be imposed for acts of taking the vehicles in for loading and unloading goods, embarking, and disembarking passengers at the ports, inland waterway wharves that have not been published or licensed for operation.

Article 26. Violation of regulations on transportation of persons, passengers

1. A fine of between VND 50,000 and 100,000 shall be imposed for users of non-motorized means of carrying capacity of up to 12 persons for transportation of persons, passengers with one of the following violations:

a) Failing to arrange seats for persons, passengers; letting persons, passengers stand on the vehicles or having other acts causing unsafe for vehicles; letting persons, passengers sit on the roof or along sides of the vehicles;

b) Arranging persons, passengers, cargos, luggage, bicycles, motorcycles, mopeds and other vehicles causing vehicles out of their levels or obscuring the vision of vehicle operators;

c) Having no safety internal rules or failing to disseminate safety internal rules, failing to instruct method to use safety equipment for persons, passengers on vehicles;

d) Carrying small animals that are not locked in a cage, kennel or carrying large animals together with persons, passengers on vehicles;

đ) Carrying flammable, explosive, toxic, stinking substances or animals suffering from epidemic disease or dead animals causing stinking smell together with persons, passengers;

e) Having no compulsory insurance of civil liability as prescribed.

2. A fine of between 100,000 VND and 200,000 VND shall be imposed for the users of motorized vehicles with a carrying capacity of up to 12 persons for the transportation of persons, passengers with one of the following violations:

a) Embarking and disembarking passengers not complying with prescribed places;

b) Failing to arrange seats for persons, passengers; letting persons, passengers to stand on the vehicles or having other acts causing unsafe vehicles;

c) Having no safety internal rules or failing to disseminate safety internal rules, failing to instruct the method to use safety equipment for persons, passengers on vehicles;

d) Letting persons, the passengers stand or sit on the roof or along sides of the vehicles;

đ) Having no passenger list or having a list of passengers but not according to regulations, unless transportation of passengers across the rivers;

e) Arranging goods and luggage of passengers on the aisle;

g) Carrying small animals that are not locked in a cage, kennel or carrying large animals together with passengers;

h) Carrying flammable, explosive, toxic, stinking substances or animals suffering from epidemic disease or dead causing stinking smell together with persons and passengers;

i) Having no compulsory insurance of civil liability as prescribed.

3. Sanction of administrative violations shall be imposed for the users of means to transport passengers with one of the violations specified in Clause 2 of this Article or run not according to the right routes, except for passenger transportation by contracts, abandoning the turns registered, transferring passengers to another vehicles without the consent of the passengers, as follows:

a) A fine of between VND 200,000 and 300,000 shall be imposed for vehicles carrying passengers with a carrying capacity of more than 12 to 50 persons, high-speed means of more than 30 km/h with a carrying capacity of up to 12 persons;

b) A fine of between VND 300,000 and 500,000 shall be imposed for vehicles with a carrying capacity of more than 50 persons to 100 persons, high-speed means of more than 30 km/h with a carrying capacity of more than 12 to 50 persons;

c) A fine of between VND 500,000 and 1,000,000 shall be imposed for vehicles with a carrying capacity of more than 100 persons, high-speed means of more than 30 km/h with a carrying capacity of more than 50 persons.

4. Sanction of administrative violations shall be imposed for the acts carrying beyond the carrying capacity of vehicles carrying passengers across the river, as follows:

a) A fine of between 10,000 VND and 20,000 VND shall be imposed per passenger carried in excess of those permitted to carry, if carrying over up to 20% of persons permitted to carry;

b) A fine of between VND 20,000 and 30,000 dong shall be imposed per passenger carried in excess of those permitted to carry, if carrying over 20% to 50% of persons permitted to carry;

c) A fine of between VND 30,000 and 50,000 VND shall be imposed per passenger carried in excess of those permitted to carry, if carrying over up to 50% of persons permitted to carry.

5. A fine of between 3 and 5 times of the fare shall be imposed per passenger carried in excess of those permitted to carry for vehicles carrying passengers on fixed routes, vehicles carrying tourists.

6. A fine of 1% of contract value shall be imposed per passenger carried in excess of those permitted to carry for vehicles carrying passengers under the contracts.

7. Where the means permitted to carry passengers and cargos, if carrying the passengers beyond the carrying capacity of means shall be sanctioned according to provisions in Clause 4, Clause 5, Clause 6 of this Article, if carrying cargos over safe waterlines of means shall be sanctioned according to Article 29 of this Decree.

8. Forms of additional sanction:

Stripping the right to use the certificate of captain, certificate of driving means from one to two months for the violations prescribed at Point c, Clause 4 and the violations specified in Clauses 5 and 6 of this Article, if carrying in excess of persons permitted to carry from 30% or more.

9. Remedies:

a) Forced to bring out of the means the large animals, flammable, explosive, toxic substances for the violations prescribed at Point d, đ Clause 1, and Point g, h of Clause 2 of this Article; forced to bring out of the means the persons, passengers beyond the carrying capacity of means as prescribed for violations specified in Clauses 4 and 5, 6 of this Article;

b) Forced to bring out of the means and to destroy animals that are dead, suffered from epidemic for the violations prescribed in Point đ Clause 1, Point h, Clause 2 of this Article.

Article 27. Violation of regulations for passengers

1. A warning or a fine of between 20,000 and 50,000 shall be imposed for act of failing to observe safety internal rules on the vehicles or failing to abide by the guidance of the captain, the drivers of means.

2. A fine of between 100,000 VND and 200,000 VND shall be imposed for one of the following violations:

a) Bringing luggage of goods banned by law in transport together with passengers;

b) Causing disorder, unsafe on vehicles.

3. Forms of additional sanction:

Confiscating goods for the violations prescribed at Point a, Clause 2 of this Article.

Article 28. Violation of the regulations on loading and unloading of goods on vehicles

1. A warning or a fine of between 20,000 VND and 30,000 VND shall be imposed for one of the following violations, applicable to non-motorized means of gross tonnage of up to 15 tons, motorized vehicles with a total capacity of main engines of up to 15 hp:

a) Loading and unloading goods making vehicles tilted;

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

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

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

a) A warning or a fine of between VND 30,000 and 100,000 shall be imposed for non-motorized means of gross tonnage of more than 15 tons to 100 tons, motorized vehicles with a total capacity of main engines of more than 15 hp to 100 hp;

b) A fine of between VND 100,000 and 300,000 shall be imposed for non-motorized means of gross tonnage of more than 100 tons, motorized vehicles with a total capacity of main engines of more than 100 hp to 400 hp, tow convoys of gross tonnage of up to 400 tons;

c) A fine of between VND 300,000 and 500,000 shall be imposed for motorized vehicles with a total capacity of main engines of more than 400 hp, tow convoys of gross tonnage of more than 400 tons to 1,000 tons;

d) A fine of between VND 500,000 and 700,000 shall be imposed for tow convoys of gross tonnage of more than 1,000 tons;

3. Remedies:

Forced to rearrange goods as prescribed for violations prescribed in Clause 1 of this Article.

Article 29. Violation on carrying beyond the safety waterlines of vehicles

1. A warning or a fine of between 20,000 VND and 50,000 VND shall be imposed for the act of transporting goods over the safely waterlines to one fifth of the freeboard height of the vehicles, including one of means of tow convoys.

2. Sanction of administrative violation shall be imposed for act of transporting goods over safety waterlines of means from one fifth to one second of the freeboard height of means, including one of means of tow convoys, as follows:

a) A fine of between VND 50,000 and 100,000 shall be imposed for means of gross tonnage of up to 15 tons;

b) A fine of between 100,000 VND and 200,000 VND shall be imposed for means of gross tonnage of more than 15 tons to 50 tons;

c) A fine of between VND 200,000 and 300,000 shall be imposed for means of gross tonnage of more than 50 tons to 100 tons;

d) A fine of between VND 300,000 VND and 500,000 VND shall be imposed for means of gross tonnage of more than 100 tons to 150 tons;

đ) A fine of between VND 500,000 and 1,000,000 shall be imposed for means of gross tonnage of more than 150 tons to 300 tons;

e) A fine of between VND 1,000,000 VND and 2,000,000 VND shall be imposed for means of gross tonnage of more than 300 tons to 500 tons or tow convoys of gross tonnage of up to 400 tons;

g) A fine of between VND 2,000,000 and 3,000,000 shall be imposed for means of gross tonnage of more than 500 tons to 1,000 tons or tow convoys of gross tonnage of more than 400 tons to 1,000 tons;

h) A fine of between VND 2,000,000 and 4,000,000 shall be imposed for means of gross tonnage of more than 1,000 tons or tow convoys of gross tonnage of more than 1,000 tons to 1,500 tons;

i) A fine of between VND 3,000,000 and 5,000,000 shall be imposed for tow convoys of gross tonnage of more than 1,500 tons;

3. Sanction of administrative violation shall be imposed for act of carrying cargos over the safety waterlines more than one second of freeboard height of means, including one of means of tow convoys, as follows:

a) A fine of between VND 200,000 and 300,000 shall be imposed for means of gross tonnage of up to 15 tons;

b) A fine of between 300,000 VND and 500,000 VND shall be imposed for means of gross tonnage of more than 15 tons to 50 tons;

c) A fine of between VND 500,000 and 1,000,000 shall be imposed for means of gross tonnage of more than 50 tons to 100 tons;

d) A fine of between VND 1,000,000 VND and 2,000,000 VND shall be imposed for means of gross tonnage of more than 100 tons to 150 tons;

đ) A fine of between VND 2,000,000 and 3,000,000 shall be imposed for means of gross tonnage of more than 150 tons to 300 tons;

e) A fine of between VND 2,000,000 and 4,000,000 shall be imposed for means of gross tonnage of more than 300 tons to 500 tons or tow convoys of gross tonnage of up to 400 tons;

g) A fine of between 4,000,000 VND and 5,000,000 VND shall be imposed for means of gross tonnage of more than 500 tons to 1,000 tons or tow convoys of gross tonnage of more than 400 tons to 1,000 tons;

h) A fine of between VND 5,000,000 and 7,000,000 shall be imposed for means of gross tonnage of more than 1,000 tons or tow convoys of gross tonnage of more than 1,000 tons to 1,500 tons;

i) A fine of between VND 7,000,000 and 10,000,000 shall be imposed for tow convoys of gross tonnage of more than 1,500 tons.

4. Forms of additional sanction:

Stripping the right to use certificate of captain from one month to two months for the violations prescribed in Clause 3 of this Article.

5. Remedies:

Forced to lower load to the safety waterlines of vehicles for the violations prescribed in Clause 2, Clause 3 of this Article.

Article 30. Violation of the regulations on dangerous goods transportation

1. A fine of between VND 2,000,000 and 3,000,000 shall be imposed for act of transporting dangerous goods with one of the following violations:

a) Failing to fully implement the regulations on transportation of dangerous goods;

b) Failing to comply with regulations on safety of prevention and fighting of fire, explosion, toxic recorded in the permit;

c) Having no compulsory insurance of civil liability for cargo transporting operations required to buy compulsory insurance of civil liability.

2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for act of transporting dangerous goods with one of the following violations:

a) Having no permits of the competent authorities;

b) Failing to equip with facilities and equipment to prevent and fight fire, explosion, toxic or having no emergency response plan to oil spills as transportation of petrol and oil;

c) Transportation means of dangerous goods have not got dangerous goods symbols, danger signs;

d) Failing to implement the proper clean process for transportation means of dangerous goods;

đ) Cleaning transportation means of dangerous goods not complying with the prescribed places.

3. Forms of additional sanction:

Stripping the right to use diplomas or professional certificates of captains, drivers of vehicles from one month to three months for the violations prescribed in Clause 2 of this Article.

4. Remedies:

Forced to clean up hazardous goods for the violations prescribed at Point đ, Clause 2 of this Article.

Article 31. Violation of regulations on transportation of live animals and super-length, super-weight goods

1. A fine of between VND 3,000,000 and 5,000,000 shall be imposed for acts of transporting animals banned from the transport; live animals not ensured hygiene, epidemic prevention, and environmental protection as prescribed.

2. A fine of between 5,000,000 and 10,000,000 shall be imposed for act of transporting super-length, super-weight goods without plan to ensure safety approved by the competent State agencies.

3. Forms of additional sanction:

Stripping the right to use certificate of captain from one month to three months for the violations prescribed in Clauses 1 and 2 of this Article.

4. Remedies:

a) Forced to take measures to ensure hygiene and environment for the violations prescribed in Clause 1 of this Article;

b) Forced to take measures to ensure safety for the violations prescribed in Clause 2 of this Article.

Article 32. Violation of regulations on the pilotage and guidance of stream on inland waterways

1. A fine of between 1,000,000 VND and 3,000,000 VND shall be imposed for one of the following violations:

a) Leading means, seagoing ships subject to compulsory pilotage regime without pilotage professional certificates or certificates of pilotage capabilities;

b) Pilots guide means, seagoing ships not complying with operation zone of the pilot as prescribed;

c) Pilots guide ships into the dock does not complying with the correct position assigned by inland waterway port Authority;

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

đ) Pilots arbitrarily leave the vehicles without permission of the captains;

e) Arbitrarily leading vehicles in the areas where are not compulsory pilotage areas.

2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following violations:

a) Failing to use pilots as prescribed;

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

c) Failing to ensure working conditions for pilots during the time they are on board;

d) Leading vehicles on the stream, inland waterway waters without operation licenses of pilots in that area;

e) Forcing crew, vehicle drivers to hire the guidance of stream in the areas where are not under compulsory pilotage regime.

3. Forms of additional sanction:

Confiscating facilities and material evidence used for violations prescribed at Point e, Clause 1, Points d, đ, Clause 2 of this Article.

Chapter 3.

COMPETENCE, ORDER, PROCEDURES FOR SANCTIONS OF ADMINISTRATIVE VIOLATIONS

Article 33. Competence to sanction administrative violations of the Chairmen of the People's Committees at all levels

Chairmen of People's Committees at all levels sanction administrative violation for the violations provided for in this Decree within their local management jurisdiction according to their competence as follows:

1. Chairmen of commune-level People's Committees may:

a) Impose a warning;

b) Impose a fine of up to VND 2,000,000;

c) Confiscating material evidences and means used for administrative violations valued at VND 2,000,000;

d) Forced to restore the original state has been changed, forced to take measures to overcome the environmental pollution, spread of epidemic disease caused by administrative violations; forced to destroy articles causing harmful to human health, livestock and plants;

e) Forced to take measures to overcome other consequences prescribed in Chapter II of this Decree.

2. Chairmen of district-level People's Committees may:

a) Impose a warning;

b) Impose a fine of up to VND 30,000,000;

c) Strip the right to use operation permits, diplomas and professional certificates or other certificates of practice under jurisdiction;

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

đ) Forced to restore the original state has been changed due to administrative violations or forced to dismantle the construction works not in compliance with regulations; forced to take measures to overcome the environmental pollution, spread of epidemic diseases caused by violations of administrative regulations; forced to destroy articles causing harmful to human health, livestock and crops;

e) Forced application of remedial measures prescribed in Chapter II of this Decree.

3. Chairmen of provincial-level People's Committees may:

a) Impose a warning;

b) Impose a fine of up to VND 40,000,000;

c) Strip the right to use operation permits, diplomas and professional certificates or other certificates of practice under jurisdiction;

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

đ) Forced to restore the original state has been changed due to administrative violations or forced to dismantle the construction works not in compliance with regulations; forced to take measures to overcome the environmental pollution, spread of epidemic diseases caused by violations of administrative regulations; forced to destroy articles causing harmful to human health, livestock and crops;

e) Forced to take measures to overcome other consequences prescribed in Chapter II of this Decree.

Article 34. Competence to sanction administrative violation of the People's Public Security force

People's Public Security force has the right to sanction administrative violation for the violations provided for in this Decree, except for the violations specified in Article 16 occurring at the establishments of new building, conversion, repair and recovery of vehicles, the violations provided for in Article 19 and the violations of duties and powers of the inland waterway port Authorities at the ports, wharves having internal waterways port Authorities to manage, the specific competence is as follows:

A. People's police officers who are on duty may:

a) Impose a warning;

b) Impose a fine of up to VND 200,000.

2. Team leaders of Police, Heads of Police Station, and team leaders of waterway police may:

a) Impose a warning;

b) Impose a fine of up to VND 500,000.

3. Commune-level police chiefs may:

a) Impose a warning;

b) Impose a fine of up to VND 2,000,000;

c) Confiscate material evidences and means used for administrative violations valued at VND 2,000,000;

d) Forced to restore the original state has been changed, forced to take measures to overcome the environmental pollution, spread of epidemic diseases caused by violations of administrative regulations; forced to destroy articles causing harmful to human health, livestock and crops;

e) Forced to take measures to overcome other consequences prescribed in Chapter II of this Decree.

4. District-level Public Security officer chiefs may:

a) Impose a warning;

b) Impose a fine of up to VND 10,000,000;

c) Strip the right to use operation permits, diplomas and professional certificates or other certificates of practice under jurisdiction;

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

đ) Forced to restore the original state has been changed due to administrative violations or forced to dismantle the construction works not in compliance with regulations; forced to take measures to overcome the environmental pollution, spread of epidemic diseases caused by violations of administrative regulations; forced to destroy articles causing harmful to human health, livestock and crops;

e) Forced to take measures to overcome other consequences prescribed in Chapter II of this Decree.

5. Waterway Police Office Chiefs, Traffic Police Office Chiefs, Police Office Chief of administrative management on social order, Order Police Office Chief of the Provincial-level Public Security, Waterway team leaders of Waterway Police may:

a) Impose a warning;

b) Impose a fine of up to VND 10,000,000;

c) Strip the right to use operation permits, diplomas and professional certificates or other certificates of practice under jurisdiction;

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

đ) Forced to restore the original state has been changed due to administrative violations or forced to dismantle the construction works not in compliance with regulations; forced to take measures to overcome the environmental pollution, spread of epidemic diseases caused by violations of administrative regulations; forced to destroy articles causing harmful to human health, livestock and crops;

e) Forced to take measures to overcome other consequences prescribed in Chapter II of this Decree.

6. Provincial-level Public Security Director may:

a) Impose a warning;

b) Impose a fine of up to VND 30,000,000;

c) Strip the right to use operation permits, diplomas and professional certificates or other certificates of practice under jurisdiction;

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

đ) Forced to restore the original state has been changed due to administrative violations or forced to dismantle the construction works not in compliance with regulations; forced to take measures to overcome the environmental pollution, spread of epidemic diseases caused by violations of administrative regulations; forced to destroy articles causing harmful to human health, livestock and crops;

e) Forced to take measures to overcome other consequences prescribed in Chapter II of this Decree.

7. Waterway Police Department Director, Police Department Director of administrative management on social order may:

a) Impose a warning;

b) Impose a of up to VND 40,000,000;

c) Strip the right to use operation permits, diplomas and professional certificates or other certificates of practice under jurisdiction;

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

đ) Forced to restore the original state has been changed due to administrative violations or forced to dismantle the construction works not in compliance with regulations; forced to take measures to overcome the environmental pollution, spread of epidemic diseases caused by violations of administrative regulations; forced to destroy articles causing harmful to human health, livestock and crops;

e) Forced to take measures to overcome other consequences prescribed in Chapter II of this Decree.

Article 35. Competence to sanction administrative violations of the Inspectorate of inland waterway transport:

Inspectorate of inland waterway transport may sanction administrative violations for the acts of violating regulations on the management and protection of inland waterway transport works; technical standards of inland waterways transport works exploitation; establishments training crew, the drivers of means; new building, conversion, repair and recovery of means at the establishments of new building, conversion, repair and recovery of means; means, crew, the drivers of means at ports, inland waterway wharves or the places where vehicles are moored as prescribed in this Decree, the specific competence is as follows:

1. Inspectors of inland waterway transport who are on duty may:

a) Impose a warning;

b) Impose a fine of up to VND 500,000;

c) Confiscate material evidences and means used for administrative violations valued at VND 2,000,000;

d) Forced to restore the original state has been changed due to administrative violations; forced to take measures to overcome the environmental pollution, spread of epidemic diseases caused by violations of administrative regulations; forced to destroy articles causing harmful to human health, livestock and crops;

đ) Forced to take measures to overcome other consequences prescribed in Chapter II of this Decree, unless the measure to dismantle the works constructed not in compliance with provisions.

 2. Chief Inspector of the Departments of Transport may:

a) Impose a warning;

b) Impose a fine of up to VND 30,000,000;

c) Strip the right to use operation permits, diplomas and professional certificates or other certificates of practice under jurisdiction;

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

e) Forced to restore the original state has been changed due to administrative violations or forced to dismantle the construction works not in compliance with regulations; forced to take measures to overcome the environmental pollution, spread of epidemic diseases caused by violations of administrative regulations; forced to destroy articles causing harmful to human health, livestock and crops;

đ) Forced to take measures to overcome other consequences prescribed in Chapter II of this Decree.

3. Chief Inspector of the Ministry of Transport may:

a) Impose a warning;

b) Impose a fine of up to VND 40,000,000;

c) Strip the right to use operation permits, diplomas and professional certificates or other certificates of practice under jurisdiction;

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

đ) Forced to restore the original state has been changed due to administrative violations or forced to dismantle the construction works not in compliance with regulations; forced to take measures to overcome the environmental pollution, spread of epidemic diseases caused by violations of administrative regulations; forced to destroy articles causing harmful to human health;

e) Forced to take measures to overcome other consequences prescribed in Chapter II of this Decree.

Article 36. Competence to sanction administrative violations of the Directors of the inland waterway port authorities

Directors of the inland waterway port authorities have the right to sanction administrative violation for the violations provided for in this Decree within the scope of their management responsibilities, the specific competence is as follows:

1. Impose a warning;

2. Impose a fine of up to VND 10,000,000;

3. Strip the right to use operation permits, diplomas and professional certificates or other certificates of practice under jurisdiction;

4. Confiscating material evidences and means used for administrative violations;

5. Forced to restore the original state has been changed due to administrative violations or forced to dismantle the construction works not in compliance with regulations; forced to take measures to overcome the environmental pollution, spread of epidemic diseases caused by violations of administrative regulations; forced to destroy articles causing harmful to human health, livestock and crops;

6. Forced to take measures to overcome other consequences prescribed in Chapter II of this Decree.

Article 37. Competence to sanction administrative violations of the border guards

The Border Guards have the right to sanction administrative violations for the violations provided for on protection of traffic works; means, crew, drivers of vehicles, inland waterway transport in the border areas under the responsibility of the Border Guards, except for the responsibility of the inland waterway port authorities under the provisions of this Decree, the specific competence is as follows:

1. Border Guard soldiers who are on duty may:

a) Impose a warning;

b) Impose a fine of up to VND 200,000.

2. The team leaders, station chiefs of the border control stations may:

a) Impose a warning;

b) Impose a fine of up to VND 500,000.

3. Heads of border guard stations, Commander of Sea Border Guards may:

a) Impose a warning;

b) Impose a fine of up to VND 10,000,000;

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

d) Forced to restore the original state has been changed due to administrative violations; forced to take measures to overcome the environmental pollution, spread of epidemic diseases caused by violations of administrative regulations; forced to take out of the vehicles the persons, passengers carried over the carrying capacity of means; forced to take measures to ensure traffic safety, fire prevention and fighting; forced to destroy articles causing harmful to health humans, livestock and crops.

4. Commanders of the provincial-level Border Guard, commanders of Sea Border Guard under the Command of Border Guard may:

a) Impose a warning;

b) Impose a fine of up to VND 40,000,000.

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

d) Forced to restore the original state has been changed due to administrative violations; forced to take measures to overcome the environmental pollution, spread of epidemic diseases caused by violations of administrative regulations; forced to take out of the vehicles the persons, passengers carried over the carrying capacity of means; forced to take measures to ensure traffic safety, fire prevention and fighting; forced to destroy articles causing harmful to health humans, livestock and crops.

Article 38. Competence to sanction administrative violations of Marine Police

Marine Police has the right to sanction administrative violations for the violations provided for on protection of traffic works; means, crew, drivers of vehicles, inland waterway transport in the areas under the responsibility of the Marine Police, except for the responsibility of the inland waterway port authorities under the provisions of this Decree, the specific competence is as follows:

1. Police officers of Marine Police professional teams who are on duty may:

a) Impose a warning;

b) Impose a fine of up to VND 500,000.

2. Heads of professional groups of Marine Police may:

a) Impose a warning;

b) Impose a fine of up to VND 1,000,000.

3. Team leaders of professional teams of Marine Police may:

a) Impose a warning;

b) Impose a fine of up to VND 5,000,000.

4. Fleet heads of the Marine Police may:

a) Impose a warning;

b) Impose a fine of up to VND 10,000,000.

c) Forced to restore the original state has been changed due to administrative violations; forced to take measures to overcome the environmental pollution, spread of epidemic diseases caused by violations of administrative regulations; forced to take measures to ensure traffic safety, fire prevention and fighting; forced to destroy articles causing harmful to human health, livestock and crops.

5. The marine delegation chiefs of the Marine Police may:

a) Impose a warning;

b) Impose a fine of up to VND 20,000,000.

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

d) Forced to restore the original state has been changed due to administrative violations; forced to take measures to overcome the environmental pollution, spread of epidemic diseases caused by violations of administrative regulations; forced to take measures to ensure traffic safety, fire prevention and fighting; forced to destroy articles causing harmful to human health, livestock and crops.

6. Regional Commander of the Marine Police may:

a) Impose a warning;

b) Impose a fine of up to VND 30,000,000.

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

d) Forced to restore the original state has been changed due to administrative violations; forced to take measures to overcome the environmental pollution, spread of epidemic diseases caused by violations of administrative regulations; forced to take measures to ensure traffic safety, fire prevention and fighting; forced to destroy articles causing harmful to human health, livestock and crops.

7. Director of Department of the Marine Police may:

a) Impose a warning;

b) Impose a fine of up to VND 40,000,000.

c) Strip the right to use operation licenses, diplomas and professional certificates or other certificate under jurisdiction;

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

đ) Forced to restore the original state has been changed due to administrative violations; forced to take measures to overcome the environmental pollution, spread of epidemic diseases caused by violations of administrative regulations; forced to take measures to ensure traffic safety, fire prevention and fighting; forced to destroy articles causing harmful to human health, livestock and crops.

Article 39. The order and procedures for sanctioning administrative violations

1. The order and procedures for sanctioning administrative violations in the field of inland waterway transport must comply with the provisions of the Ordinance on Handling of Administrative Violations, Decree No.128/2008/ND-CP dated December 16, 2008 of the Government detailing the implementation of some Articles of the 2002 Ordinance on Handling of Administrative Violations, the 2008 Ordinance amending and supplementing some Articles of the Ordinance on Handling of Administrative Violations and the regulations in this Decree.

2. The competent persons or officials, soldiers and employees of persons who are competent to sanction who are on duty within the scope of their responsibility detected violations of inland waterway transport must order the immediate suspension and promptly make records of administrative violations, except for the cases sanctioned by simple procedures. In cases of administrative violations to be detected by using technical and professional facilities and equipment, the making of records of administrative violations shall be conducted as soon as determined persons committing acts of violations.

3. Where applying the enforcement to perform the remedies prescribed in Chapter II of this Decree, the competent persons must specify the remedies in the sanctioning decision.

4. The record, decision used for sanctioning administrative violation and the measures to prevent administrative violations and ensure the sanction of administrative violations in the field of inland waterway transport are in the forms in Appendix issued together with this Decree.

Article 40. Application of measures to temporarily seize material evidence and means of administrative violations

1. Where it is necessary to promptly prevent the administrative violations or to ensure the sanction of administrative violations, persons who are competent to sanction under the provisions of this Decree may temporarily seize the material evidences and means of administrative violations as prescribed in Article 46 and other necessary documents as stipulated in Clause 3 of Article 57 of the 2002 Ordinance on Handling of Administrative Violations amended and supplemented in 2008.

2. Minister of Public Security, Minister of Transport shall specify the application of measures to temporarily seize material evidence and means.

Article 41. Compliance with decisions to sanction administrative violations

1. Organizations and individuals sanctioned for administrative violations in the field of inland waterway transport must comply with the decisions of sanctioning administrative violations within 10 days from the date of being given the sanctioning decisions, except for the cases permitted to pay many times or may postpone the execution of fining decisions or otherwise provided by law.

2. Organizations and individuals committing administrative violations in the field of inland waterway transport subject to fines must pay directly to the persons who made decisions to sanction in accordance with the law or pay the fines at the places where are indicated in the fining decisions; organizations and individuals sanctioned for violations can be paid the fines many times as prescribed.

3. Over the time limit specified in clause 1 of this Article, if organizations and individuals sanctioned for administrative violations do not voluntarily execute the sanctioning decisions shall be enforced for execution.

4. The enforcement organization to execute the sanctioning decisions of administrative violations shall comply with the provisions of Article 66 and Article 66a of the 2002 Ordinance on Handling of Administrative Violations amended and supplemented in 2008.

Article 42. Complaints, denunciations, and lawsuits on sanctions of administrative violations and rewards, handling of violations

1. Organizations and individuals sanctioned for administrative violations or their lawful representatives may lodge a complaint, a lawsuit for the decisions to sanction administrative violations, decisions on the application of preventive measures as prescribed by law on complaints and denunciations and procedures for handling of the administrative cases.

2. Organizations and individuals that record achievements in the fight against administrative violations in the field of inland waterway transport shall be rewarded according to law provisions on emulation and commendation.

3. Persons who are competent to sanction administrative violations prescribed in this Decree harass, tolerate, cover up, fail to sanction or sanction not in time, improperly, sanction ultra vires, shall, depending on the nature and severity of their violations, be disciplined or prosecuted for criminal liability, if causing damage, they must pay compensation as prescribed by law.

4. Persons who are sanctioned for administrative violations in the field of inland waterway transport commit acts to prevent and fight against the persons who are on duty or use deceitful tricks, bribes to evade inspection, control or sanction of administrative violations of the persons who are on duty, depending on the nature and seriousness of their violations, shall be administratively sanctioned or prosecuted for criminal liability, if causing damage, they must pay compensation as prescribed by law.

Chapter 4.

IMPLEMENTATION PROVISIONS

Article 43. Effect

1. This Decree takes effect from September 15, 2011.

2. This Decree replaces Decree No.09/2005/ND-CP dated January 27, 2005 of the Government providing for sanction of administrative violations in the field of inland waterway transport; to annul Article 1 of Decree No.156/2007/ND-CP dated October 19, 2007 of the Government amending and supplementing some Articles of Decree No.09/2005/ND-CP dated January 27, 2005 of the Government providing for sanction of administrative violations in the field of inland waterway transport, and Decree No.44/2006/ND-CP dated April 25, 2006 of the Government providing for sanction of administrative violations in the field of railway transport.

3. The violations that were discovered before the effective date of this Decree but have not been sanctioned or not been executed the sanctioning decisions, shall continue to apply the provisions of Decree No.09/2005/ND-CP dated January 27, 2005 for sanctioning.

Article 44. Organization of implementation

Minister of Transport, Minister of Public Security guides and organizes the implementation of this Decree.

Article 45. Responsibility for implementation

The ministers, heads of ministerial-level agencies, heads of Governmental agencies, chairmen of People’s Committees of provinces and cities directly under the Central Government shall implement this Decree./.