DECREE

PENALTIES FOR ADMINISTRATIVE VIOLATIONS COMMITTED WITHIN TERRITORIAL WATERS, ISLANDS AND CONTINENTAL SHELF OF THE SOCIALIST REPUBLIC OF VIETNAM

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

Pursuant to the Law on Actions against Administrative Violations dated June 20, 2012;

Pursuant to the Maritime Code of Vietnam dated June 14, 2005;

Pursuant to the Law on Sea of Vietnam dated June 21, 2012;

At the request of the Minister of National Defence;

The Government promulgates a Decree providing for penalties for administrative violations committed within the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam;

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GENERAL PROVISIONS

Article 1. Scope

1. This Decree deals with administrative violations, penalties, fines, remedial measures, the power to record administrative violations, and the power to impose penalties for administrative violations committed within the territorial waters, islands and the continental shelf of the Socialist Republic of Vietnam.

2. The administrative violations prescribed in this Decree consist of:

a) Administrative violations against regulations on management of territorial waters, islands and continental shelf of the Socialist Republic of Vietnam;

b) Administrative violations against regulations on maritime activities performed outside the port waters;

c) Administrative violations against regulations on protection of marine environment.

3. Administrative violations committed in islands or archipelagos shall be sanctioned by adopting relevant regulations on actions against administrative violations involving state management affairs.  Administrative violations committed in the internal waters, territorial waters, contiguous zone, exclusive economic zone and continental shelf around islands and archipelagos of Vietnam shall be sanctioned in accordance with regulations herein.

Article 2. Definition

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“unlawful entry into the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam” refers to a foreign organization or individual’s act of transporting by ship or by another means of transport within the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam and performing actions in violation of Vietnam’s sovereignty, sovereign rights or jurisdiction as prescribed in the laws of Vietnam and international treaties to which Vietnam is a signatory.

Article 3. Fines and power to impose fines

1. The fines for administrative violations committed within the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam imposed on an individual and organization shall not exceed VND 1,000,000,000 and VND 2,000,000,000 respectively.

2. Fines for administrative violations prescribed in Chapter II herein are imposed on individuals.  The fine incurred by an organization is twice as much as that incurred by an individual for the same administrative violation.

3. Fines imposed by the competent officials prescribed in Chapter III herein are incurred by individuals; a competent official who has the power to impose fines shall have the right to give a maximum fine twice the one given to an individual to an organization for the same administrative violation.

Article 4. Remedial measures

Remedial measures against administrative violations specified herein include:

1. Remedial measures mentioned in Points a, b, c, d, dd, e, g, h and i Clause 1 Article 28 of the Law on actions against administrative violations.

2. Enforced movement of persons or ships committing violations herein away from the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam.

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4. Enforced flying of Vietnamese flag or national flag in compliance with regulations in force.

5. Enforced operation within permitted navigation areas conformable with the ship class.

Chapter 2.

ADMINISTRATIVE VIOLATIONS, PENALTIES AND REMEDIAL MEASURES

SECTION 1. ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON MANAGEMENT OF TERRITORIAL WATERS, ISLANDS AND CONTINENTAL SHELF OF THE SOCIALIST REPUBLIC OF VIETNAM

Article 5. Violations against regulations on innocent passage in the territorial waters

1. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for illegally stopping or anchoring within the internal waters or territorial waters of Vietnam.

2. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for coming alongside or communicating with another ship or vessel within the internal waters or territorial waters of Vietnam.

3. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for entering prohibited or restricted areas within the territorial waters of Vietnam.

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5. A fine ranging from VND 300,000,000 to VND 400,000,000 shall be imposed for one of the following violations:  Emission of dark smoke, use of flare guns of various kinds, sending of signals or use of explosives within the internal waters or territorial waters for any purposes, except distress signals and gun salutes in conformity with laws of Vietnam.

6. A fine ranging from VND 400,000,000 to VND 500,000,000 shall be imposed for one of the following violations:

a) Any act of propaganda aimed at affecting the defense or security of Vietnam;

b) The launching, landing or taking on board of any aircraft or other device.

7. A fine ranging from VND 800,000,000 to VND 1,000,000,000 shall be imposed for one of the following violations:

a) Any act aimed at collecting information to the prejudice of the defense or security of Vietnam;

b) Any illegal act of exercise or practice in any forms.

8. Additional penalties: Confiscate the exhibits and instrumentalities of administrative violations prescribed in Clauses 4, 5, 6 and 7 of this Article.

9. Remedial measures:  Enforced movement of persons and ships away from the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam if one of the violations prescribed in Clauses 5, 6 and 7 of this Article is committed.

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1. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed on foreign submarines and underwater vehicles that fail to navigate on the surface when entering the internal waters and territorial waters of Vietnam, except cases permitted by the Government of Vietnam.

2. Remedial measures:  Demand foreign submarines and underwater vehicles to rise to the surface if the violation prescribed in this Article is committed.

Article 7. Violations against regulations on flying of Vietnamese flag and national flag

1. A fine ranging from VND 2,000,000 to VND 4,000,000 shall be imposed on Vietnamese ships for failure to fly or improperly flying the Vietnamese flag.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) A foreign ship’s failure to fly or improper flying of its national flag or Vietnamese flag when entering the internal waters of Vietnam;

b) A foreign submarine or underwater vehicle’s failure to fly either its national flag or Vietnamese flag when entering the internal waters of Vietnam; or failure to fly its national flag when operating in the territorial waters of Vietnam, except the cases permitted by the Government of Vietnam.

3. Remedial measures:  Enforced flying of Vietnamese flag or national flag as regulated if one of the violations prescribed in Article is committed.

Article 8. Violations against regulations on investigation, survey and research activities within the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam

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2. A fine ranging from VND 170,000,000 to VND 200,000,000 shall be imposed for the carrying out of investigation, research or survey activities for improper purposes, or with contents, locations, time or voyages other than the licensed ones.

3. A fine ranging from VND 800,000,000 to VND 1,000,000,000 shall be imposed for unlawful entry into the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam for carrying out investigation, survey or research activities concerning sea resources of Vietnam.

4. Additional penalties:

a) Confiscate the exhibits and instrumentalities of administrative violations prescribed in Clauses 1, 2 and 3 of this Article;

b) Suspend operation for 03 – 06 months if the violation prescribed in Clause 1 or Clause 2 of this Article is committed.

5. Remedial measures:  Enforced movement of persons and ships away from the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam if the violation prescribed in Clause 3 of this Article is committed.

Article 9. Unlawful entry into territorial waters, islands and continental shelf of the Socialist Republic of Vietnam for carrying out tourism activities

1. A fine ranging from VND 800,000,000 to VND 1,000,000,000 shall be imposed for unlawful entry into the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam for carrying out tourism activities.

2. Remedial measures:  Enforced movement of persons and ships away from the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam if the violation prescribed in this Article is committed.

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1. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for one of the following violations:

a) Failure to collect and place nets or other fishing equipment in the hold;

b) Failure to put sonar units, fish finders or other fish finding devices in preservation state.

2. Additional penalties: Confiscate the exhibits and instrumentalities of administrative violation prescribed in Clause 1 of this Article.

3. Remedial measures:  Enforced movement of persons and ships away from the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam if the violation prescribed in this Article is committed.

Article 11. Unlawful entry into territorial waters, islands and continental shelf of the Socialist Republic of Vietnam for fishing and trading in aquatic products

1. The following fines shall be imposed for unlawful entry into the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam for fishing and trading in aquatic products:

a) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed on a ship without an engine or whose main engine power is smaller than 45 CV;

b) A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed on a ship whose main engine power ranges from 45 CV to 90 CV;

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d) A fine ranging from VND 200,000,000 to VND 400,000,000 shall be imposed on a ship whose main engine power ranges from above 135 CV to 200 CV;

dd) A fine ranging from VND 400,000,000 to VND 600,000,000 shall be imposed on a ship whose main engine power ranges from above 200 CV to 300 CV;

e) A fine ranging from VND 600,000,000 to VND 800,000,000 shall be imposed on a ship whose main engine power ranges from above 300 CV to 400 CV;

g) A fine ranging from VND 800,000,000 to VND 1,000,000,000 shall be imposed on a ship whose main engine power exceeds 400 CV.

2. Additional penalties: Confiscate the exhibits and instrumentalities of administrative violations prescribed in Clause 1 of this Article.

3. Remedial measures:  Enforced movement of persons and ships away from the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam if the violation prescribed in this Article is committed.

Article 12. Violations against regulations on guarantee of lawful activities within territorial waters, islands and continental shelf of the Socialist Republic of Vietnam

1. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for any act aimed to obstruct or impede daily navigation, fishing, aquaculture or any other lawful activities within the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam, except the case prescribed in Clause 2 of this Article.

2. A fine ranging from VND 800,000,000 to VND 1,000,000,000 shall be imposed for any act aimed to obstruct or impede lawful search, exploration and extraction of petroleum or other natural resources within the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam.

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4. Remedial measures:  Enforced movement of foreign ships and persons on board such ships away from the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam if the violation prescribed in this Article is committed.

Article 13. Violations against regulations on artificial islands, structures and installations within territorial waters, islands and continental shelf of the Socialist Republic of Vietnam

1. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for delayed submission of reports on the construction of artificial islands, offshore structures or installations, or establishment of safety zones, or full or partial removal of offshore structures or installations as regulated.

2. A fine ranging from VND 50,000,000 to VND 80,000,000 shall be imposed for failure to submit reports on the construction of artificial islands, offshore structures or installations, or establishment of safety zones, or full or partial removal of offshore structures or installations as regulated.

3. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for failure to install navigational signals or aids and danger signals in case an offshore installation or structure is not completely removed because of technical reasons, or has its life extended.

4. A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for unlawful entry into safety zones of 500 meters of an artificial island or offshore installation or structure.

5. A fine ranging from VND 200,000,000 to VND 300,000,000 shall be imposed for any acts aimed to adversely affecting normal operations of artificial islands, installations or structures constructed within the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam.  

6. A fine ranging from VND 800,000,000 to VND 1,000,000,000 shall be imposed for unlawful entry into the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam for illegally constructing artificial islands, offshore structures or installations.

7. Additional penalties: Confiscate the exhibits and instrumentalities of administrative violations prescribed in Clause 5 and Clause 6 of this Article.

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a) Enforced demolition or removal of the structures or installations which have been built without the license or inconsistently with the license if the violation prescribed in Clause 6 of this Article is committed;

b) Enforced movement of persons and ships away from the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam if one of the violations prescribed in Clauses 4, 5 and 6 of this Article is committed.

Article 14. Violations against regulations on laying of submarine cables and pipelines, and exploitation of tidal and wind energy within the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam

1. A fine ranging from VND 400,000,000 to VND 500,000,000 shall be imposed for drilling or cutting or performing any acts aimed to adversely affecting normal operations of submarine cables and pipelines legally installed within the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam. 

2. A fine ranging from VND 800,000,000 to VND 1,000,000,000 shall be imposed for one of the following violations:

a) Installation of submarine cables and pipelines without obtaining a written approval from a competent authority of Vietnam;

b) Illegal exploitation of tidal energy, wind energy and other non-living resources.

3. Additional penalties: Confiscate the exhibits and instrumentalities of administrative violations prescribed in this Article.

4. Remedial measures:

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b) Enforce movement of persons and ships away from the territorial waters and islands off Vietnam if any of the violations prescribed in this Article is committed.

Article 15. Violations against regulations on transport, trading and ship-to-ship cargo transfer within territorial waters, islands and continental shelf of the Socialist Republic of Vietnam

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following violations:

a) Transport or ship-to-ship transfer of cargoes at sea without having a valid contract or equivalent paper as regulated by law;

b) Failure to use means of transport suitable for the type of cargoes as regulated by law;

c) Ship-to-ship transfer of fuels, ores and other cargoes at a location other than the regulated one.

2. The following fines shall be imposed for transport, trading and ship-to-ship transfer of cargoes without valid documents or with insufficient documents proving the legality of cargoes, or failure to provide or insufficient provision of documents proving the legality of cargoes subject to conditional transport and trading:

a) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed if the cargo is worth from VND 10,000,000 to less than VND 20,000,000;

b) A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed if the cargo is worth from VND 20,000,000 to less than VND 50,000,000;

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d) A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed if the cargo is worth from VND 70,000,000 to less than VND 100,000,000;

dd) A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed if the cargo is worth more than VND 100,000,000 but the violating entity must not face the criminal prosecution.

3. Additional penalties: Confiscate the exhibits and instrumentalities of administrative violations prescribed in this Article.

SECTION 2. VIOLATIONS AGAINST REGULATIONS ON MARITIME ACTIVITIES PERFORMED OUTSIDE PORT WATERS

Article 16. Violations against regulations on registration and inland waterway transport license of ships

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for lack of one of compulsory ship certifications and documents or use of an expired one, except ship registration certificate.

2. The following fines shall be imposed for failure to obtain a last port clearance certificate as prescribed by law:

a) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on a ship whose gross tonnage is smaller than 500 GT;

b) A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed on a ship whose gross tonnage is from 500 GT to less than 3,000 GT;

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3. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for operation of a ship without obtaining a valid ship registration certificate.

4. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for one of the following violations:

a) Trading, leasing, lending, and borrowing any ship certificates or documents;

b) Using any certificates or documents of another ship.

5. The following fines shall be imposed for failure to have ship owner’s liability insurance certificate if the ship carries passengers, petroleum, petroleum distillates or other dangerous goods as regulated by law:

a) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed on the ship carrying less than 100 passengers or the ship which carries passengers, petroleum, petroleum distillates or other dangerous goods and has gross tonnage of less than 500 GT;

b) A fine ranging from VND 50,000,000 to VND 80,000,000 shall be imposed on the ship carrying from 100  to less than 300 passengers or the ship which carries passengers, petroleum, petroleum distillates or other dangerous goods and has gross tonnage of from 500 GT to less than 3,000 GT;

c) A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed on the ship carrying 300 passengers or more, or the ship which carries passengers, petroleum, petroleum distillates or other dangerous goods and has gross tonnage of 3,000 GT or above.

6. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed on foreign ship for carrying out of inland waterway transport and specific activities without obtaining a license or written approval from a competent authority of Vietnam.

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Article 17. Violations against regulations on seafarer’s certificate of competency, discharge book and passport

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on a seafarer working on board a ship for lack of certificate of competency, discharge book or passport as regulated.

2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for trading, leasing, lending, borrowing or renting a seafarer’s certificate of competency, discharge book or passport.

3. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for use of a fake or altered certificate of competency, discharge book or passport.

4. Additional penalties:

a) Suspend the certificate of competency for 06 - 12 months if the violation prescribed in Clause 2 of this Article is committed;

b) Confiscate the seafarer’s certificate of competency, discharge book or passport if the violation prescribed in Clause 3 of this Article is committed.

Article 18. Violations against regulations on safety of life at sea

1. A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for one of the following violations:

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b) The crew members’ failure to be familiar with survival and life-saving appliances.

2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for one of the following violations:

a) Use of life-saving appliances which fail to comply with applicable regulations on quality or are not ready for immediate use;

b) Life-saving arrangements fail to comply with applicable regulations;

c) Use of expired life-saving appliances.

3. The following fines shall be imposed for the ship whose life-saving appliances are under or over manned as regulated in the minimum safe manning document; or failure to equip or insufficient provision of survival and life-saving appliances as regulated:

a) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on a ship whose gross tonnage is smaller than 500 GT;

b) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on a ship whose gross tonnage is from 500 GT to less than 3,000 GT;

c) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed on a ship whose gross tonnage is 3,000 GT or above.

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a) A warning shall be imposed if the actual total cargo weight is less than 01% greater than the ship’s permissible cargo-carrying capacity;

b) A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed if the actual total cargo weight is from 01% to fewer than 05% greater than the ship’s permissible cargo-carrying capacity;

c) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed if the actual total cargo weight is from 05% to fewer than 10% greater than the ship’s permissible cargo-carrying capacity;

d) A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed if the actual total cargo weight is 10%, or more, greater than the ship’s permissible cargo-carrying capacity.

5. The following penalties shall be imposed for the overloading of cargoes by a ship whose gross tonnage ranges from 500 GT to under 3,000 GT:

a) A warning shall be imposed if the actual total cargo weight is less than 01% greater than the ship’s permissible cargo-carrying capacity;

b) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed if the actual total cargo weight is from 01% to fewer than 05% greater than the ship’s permissible cargo-carrying capacity;

c) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed if the actual total cargo weight is from 05% to fewer than 10% greater than the ship’s permissible cargo-carrying capacity;

d) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed if the actual total cargo weight is 10%, or more, greater than the ship’s permissible cargo-carrying capacity.

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a) A warning shall be imposed if the actual total cargo weight is less than 01% greater than the ship’s permissible cargo-carrying capacity;

b) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed if the actual total cargo weight is from 01% to fewer than 05% greater than the ship’s permissible cargo-carrying capacity;

c) A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed if the actual total cargo weight is from 05% to fewer than 10% greater than the ship’s permissible cargo-carrying capacity;

d) A fine ranging from VND 70,000,000 to VND 80,000,000 shall be imposed if the actual total cargo weight is 10%, or more, greater than the ship’s permissible cargo-carrying capacity.

7. The following fines shall be imposed for the overloading of passengers by a ship of less than 500 GT:

a) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed if the number of excess passengers is up to 5 persons;

b) A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed if the number of excess passengers is 6 – 10 persons;

c) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed if the number of excess passengers is 10 persons or more.

8. The following fines shall be imposed for the overloading of passengers by a ship whose gross tonnage ranges from 500 GT to under 3,000 GT:

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b) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed if the number of excess passengers is 11 - 20 persons;

c) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed if the number of excess passengers is 20 persons or more.

9. The following fines shall be imposed for the overloading of passengers by a ship of 3,000 GT or more:

a) A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed if the number of excess passengers is up to 20 persons;

b) A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed if the number of excess passengers is 21 - 30 persons;

c) A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed if the number of excess passengers is 30 persons or more.

10. Additional penalties: Suspend the master’s certificate of competency for 01 – 03 months if one of the violations prescribed in Points b, c, d Clause 5, Points b, c, d Clause 6, Points b, c Clause 7, Clause 8 and Clause 9 of this Article is committed.

Article 19. Violations against regulations on fire and explosion prevention for ships

1. A fine ranging from VND 2,000,000 to VND 5,000,000 shall be imposed for one of the following violations:

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b) Failure to have the fire control and safety layout, the muster list for firefighting or instructions for firefighting operations on board the ship as regulated;

c) Failure to put fire-fighting equipment in place on board the ship as regulated.

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) Failure to prepare sufficient fire-fighting equipment and appliances as regulated;

b) Preparation of firefighting equipment and appliances which are not operated;

c) Failure to prepare the emergency response plan;

d) Preparation of firefighting equipment which is not ready for immediate use as regulated;

dd) Use of specialized means of firefighting and prevention for other purposes;

e) Carriage of flammable substances together with passengers.

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1. A fine ranging from VND 8,000,000 to VND 10,000,000 shall be imposed on vessel operators for violating the following sailing rules:

a) Failure to use or use of improper maritime signals as regulated;

b) Failure to comply with applicable regulations on sailing, collision avoidance and overtaking at sea.

2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following violations:

a) Failure to exhibit symbols or signs for identifying artificial islands or offshore structures;

b) Any act causing movement or adverse effects on aids to navigation.

3. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to comply with applicable regulations on sailing, collision avoidance and overtaking at sea resulting in a serious accident.

4. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to comply with applicable regulations on sailing, collision avoidance and overtaking at sea resulting in a very serious accident.

5. Remedial measures:  Enforced restoration of initial state which has been damaged due to the violation prescribed in Point b Clause 2 of this Article.

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1. A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for failure to fly signal flags or improper flying of signal flags.

2. A fine ranging from VND 4,000,000 to VND 6,000,000 shall be imposed for one of the following violations:

a) Failure to put internal regulation tables in place on board a passenger ship;

b) Arranging or allowing passengers to seat at places other than the prescribed ones;

c) Failure to arrange or arrangement of ship security officers inconsistently with applicable regulations.

3. A fine ranging from VND 8,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) Failure to specify name, official number, IMO number, port of registry, draught marks of a ship as regulated;

b) Failure to provide or insufficient provision of documents concerning dangerous cargoes carried on board the ship as regulated.

4. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for one of the following violations:

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b) Use of unsuitable towing equipment;

c) Failure to fully equip navigational equipment on the ship’s bridge as regulated or use of navigational equipment which is damaged or not working.

5. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to comply with applicable regulations on shipping routes and areas for inland waterway ships.

6. The following fines shall be imposed on a ship for failure to operate according to the prescribed shipping routes or areas:

a) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on a ship of below 500 GT;

b) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on a ship whose gross tonnage is from 500 GT to less than 3,000 GT;

c) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed on a ship of 3,000 GT or more.

7. Additional penalties: Suspend the master’s certificate of competency for 03 - 06 months if one of the violations prescribed in Clause 5 and Clause 6 of this Article is committed.

8. Remedial measures:  Enforced operation within the shipping area suitable for the ship class if one of the violations prescribed in Clause 5 and Clause 6 of this Article is committed.

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1. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for transmission of false distress alerts.

2. A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for one of the following violations:

a) Failure to discharge obligations according to applicable regulations on maritime search and rescue;

b) Delayed execution of shifting orders made by competent authorities during the carrying out of search and rescue activities as regulated.

3. The following fines shall be imposed for failure to obey shifting orders made by competent authorities during the carrying out of search and rescue activities as regulated:

a) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on a ship of below 500 GT;

b) A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed on a ship whose gross tonnage is from 500 GT to less than 3,000 GT;

c) A fine ranging from VND 40,000,000 to VND 80,000,000 shall be imposed on a ship of 3,000 GT or more.

4. Additional penalties: Suspend the master’s certificate of competency for 03 - 06 months if the violation prescribed in Point a Clause 2 of this Article is committed.

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1. A fine ranging from VND 500,000 to VND 1,000,000 shall be imposed for failure to provide or improper provision of notifications or reports on property sunken at sea.

2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following violations:

a) Failure to install or delayed installation of warning signs conformable with the location of sunken property;

b) Failure to complete the salvage of sunken property within the prescribed time limit;

c) Carrying out of salvage of sunken property without obtaining a written permission from a competent authority;

d) Failure to transfer or partial transfer of properties salvaged at sea by chance to competent authorities.

3. A fine ranging from VND 20,000,000 to VND 50,000,000 shall be imposed for failure to salvage sunken property which is not considered dangerous.

4. A fine ranging from VND 70,000,000 to VND 100,000,000 shall be imposed for failure to salvage sunken property which is considered dangerous.

5. Additional penalties: Confiscate the exhibits and instrumentalities of the administrative violation prescribed in Point c Clause 2 of this Article.

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Article 24. Violations against regulations on protection of marine environment by foreign nuclear-powered ships or ships carrying radioactive substances, toxic or dangerous chemicals through the territorial waters of Vietnam

1. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to present technical documents relating the ship and cargoes carried on board the ship and compulsory liability insurance documents.

2. A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for one of the following violations:

a) Failure to implement special preventive measures for these ships as regulated by the law of Vietnam and international treaties to which the Socialist Republic of Vietnam is a signatory;

b) Failure to comply with a decision made by a competent authority of Vietnam on application of special preventive measures in case the ship denotes or there is clear evidence of risks of oil leak or environmental pollution.

3. Remedial measures:  Enforced movement of persons and ships away from the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam if the violation prescribed in Clause 2 of this Article is committed.

Article 25. Violations against regulations on prevention of pollution of marine environment by ships

1. A fine ranging from VND 1,000,000 to VND 5,000,000 shall be imposed for failure to maintain oil record book, record of pumping of bilge water from engine-room bilge wells and sewage discharge record as regulated.  

2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

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b) Leaking of oily waste water from the ship into the sea.

3. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following violations:

a) Failure to prepare the oil spill response plan or plans for response to oil pollution or chemical pollution at sea as regulated;

b) Failure to have the oil pollution prevention certificate as regulated.

4. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for discharge or release of oily water or oily mixtures inconsistently with applicable regulations.

5. A fine ranging from VND 70,000,000 to VND 100,000,000 shall be imposed for discharge or release of oily waste water or harmful substances inconsistently with applicable regulations.

6. Remedial measures: Enforced implementation of measures for treatment of environmental pollution and degradation if the violation prescribed in Point b Clause 2, Clause 4 or Clause 5 of this Article is committed.

Article 26. Violations against regulations on transport of hazardous waste

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following violations:

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b) Failure to comply with the environmental protection and pollution control plan included in the application for the hazardous waste management license.

2. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for one of the following violations:

a) Failure to maintain a hazardous waste logbook as regulated; failure to apply for registration of GPS tracking system as regulated;

b) Failure to comply with the environmental protection and pollution control plan upon the completion of transport operations.

3. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for one of the following violations:

a) Failing to equip the Global Positioning System (GPS) tracking units for means of transport of hazardous waste as regulated;

b) Failure to transport hazardous waste according to the shipping route, passage and time prescribed by a competent authority;

c) Use of specialized equipment and facilities which fail to meet applicable technical requirements for collection, transport, packaging, storage and temporary holding of hazardous waste;   

d) Failure to classify and separate hazardous waste of various types, which may react or interact with each other during the transport or temporary holding of hazardous waste.

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a) Collection or transport of hazardous waste in regions which are not prescribed in the hazardous waste management license;

b) Failure to comply with the contents of the hazardous waste management license, except the case prescribed in Point a Clause 4, Clause 5 and Clause 6 of this Article.

5. A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for one of the following violations:

a) Collection or transport of hazardous waste of types other than those specified in the hazardous waste management license;

b) Collection or transport of a volume of hazardous waste in excess of the permitted one specified in the hazardous waste management license;

c) Use of means of transport of hazardous waste without registration numbers or which are not prescribed in the hazardous waste management license.

6. A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for transport of hazardous waste without obtaining a valid hazardous waste management license, except hazardous waste generated from daily-life activities or activities of business and service establishments (excluding production activities) of a household/ individual size, managed and treated in accordance with applicable regulations on recall and treatment of expired or discarded products.

7. The following fines shall be imposed for dumping, discharge or release of hazardous waste inconsistently with applicable regulations on environmental protection:

a) A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed for dumping, discharge or release of less than 120 kg of hazardous waste containing extremely hazardous constituents beyond the prescribed limits or less than 600 kg of hazardous waste containing other hazardous constituents;

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c) A fine ranging from VND 200,000,000 to VND 300,000,000 shall be imposed for dumping, discharge or release of from 500 kg to under 1,000 kg of hazardous waste containing extremely hazardous constituents beyond the prescribed limits or from 2,000 kg to under 4,000 kg of hazardous waste containing other hazardous constituents;

d) A fine ranging from VND 300,000,000 to VND 400,000,000 shall be imposed for dumping, discharge or release of from 1,000 kg to under 2,000 kg of hazardous waste containing extremely hazardous constituents beyond the prescribed limits or from 4,000 kg to under 8,000 kg of hazardous waste containing other hazardous constituents;

dd) A fine ranging from VND 400,000,000 to VND 500,000,000 shall be imposed for dumping, discharge or release of from 2,000 kg to under 3,000 kg of hazardous waste containing extremely hazardous constituents beyond the prescribed limits or from 8,000 kg to under 12,000 kg of hazardous waste containing other hazardous constituents;

e) A fine ranging from VND 500,000,000 to VND 600,000,000 shall be imposed for dumping, discharge or release of from 3,000 kg to under 4,000 kg of hazardous waste containing extremely hazardous constituents beyond the prescribed limits or from 12,000 kg to under 16,000 kg of hazardous waste containing other hazardous constituents;

g) A fine ranging from VND 600,000,000 to VND 700,000,000 shall be imposed for dumping, discharge or release of from 4,000 kg to under 5,000 kg of hazardous waste containing extremely hazardous constituents beyond the prescribed limits or from 16,000 kg to under 20,000 kg of hazardous waste containing other hazardous constituents;

h) A fine ranging from VND 700,000,000 to VND 800,000,000 shall be imposed for dumping, discharge or release of 5,000 kg or more of hazardous waste containing extremely hazardous constituents beyond the prescribed limits or of 20,000 kg or more of hazardous waste containing other hazardous constituents.

8. A fine ranging from VND 900,000,000 to VND 1,000,000,000 shall be imposed for transfer, giving or sale in contravention of law; dumping, discharge or release of hazardous waste in the list of persistent organic pollutants (POP) of the Stockholm Convention on persistent organic pollutants resulting in environmental pollution or dumping, discharge or release of radioactive waste causing radioactive pollution.

9. Additional penalties:

a) Suspend the License for transport of hazardous waste for 06 - 12 months if one of the violations prescribed in Clauses 1, 2, 3, 4 and 5 of this Article is committed;

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c) Suspend business activities for 06 - 12 months if one of the violations prescribed in Clauses 6, 7 and 8 of this Article is committed;

d) Confiscate the exhibits and instrumentalities of administrative violation prescribed in Clause 7 and Clause 8 of this Article.

10. Remedial measures:

a) Enforced restoration of initial state of the environment that has been damaged by the violation prescribed in Clause 7 or Clause 8 of this Article;

b) Enforced application of remedial measures for environmental pollution treatment within the time limit specified in the decision on imposition of penalties for administrative violations made by the authorized person if one of the violations prescribed in this Article is committed.

Article 27. Violations against other regulations on protection of marine environment

1. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on the owner of ship/ vessel or facility storing goods at sea for posing risk of causing environmental emergencies but failing to report the national rescue and salvage forces, the coast guard forces or relevant organizations/ individuals as regulated.

2. A fine ranging from VND 50,000,000 to VND 80,000,000 shall be imposed on the organization/ individual performing mining activities or the owner of vessel/ ship carrying petroleum, oil, chemicals, radioactive substances or other toxic substances at sea for failure to have appropriate plan, personnel and equipment for preventing and coping with environmental emergencies.

3. A fine ranging from VND 80,000,000 to VND 150,000,000 shall be imposed for one of the following violations:

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b) Employment of destructive methods, means and devices in exploiting sea resources and yields;

c) Discharge or release of waste and other polluting elements generated from production, business, service provision, construction, transportation and mining activities into territorial waters, islands and continental shelf of the Socialist Republic of Vietnam in contravention of national technical regulations on environment;

d) Keeping or storing means of transport or treasures at sea over the prescribed duration for handling;

dd) Failing to collect, store and treat hazardous waste generated from the exploration and extraction of marine resources, or the dismantlement of means of transport at sea as regulated.

4. A fine ranging from VND 150,000,000 to VND 250,000,000 shall be imposed for discharge of non-hazardous waste, which is generated from vessels/ ships or offshore drilling platforms but is not treated as regulated, or fails to satisfy requirements of national technical regulations on waste, into sea; discharge of land-sourced solid waste into sea without the written approval granted by a competent environment authority as regulated; discharge of waste generated from dredging activities into sea without the written approval granted by a competent environment authority as regulated.

5. A fine ranging from VND 250,000,000 to VND 500,000,000 shall be imposed for discharge of waste of various types into sea areas in the wildlife sanctuaries, natural heritages, new natural ecosystems, regular or seasonal reproductive areas of aquatic species.

6. A fine ranging from VND 500,000,000 to VND 1,000,000,000 shall be imposed for discharge of hazardous waste or waste containing radioactive substances into the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam.

7. Additional penalties:

Confiscate the exhibits and instrumentalities of administrative violations prescribed in Point b Clauses 3, 4, 5 and 6 of this Article.

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Enforced application of remedial measures for environmental pollution treatment within the time limit specified in the decision on imposition of penalties for administrative violations made by the authorized person if one of the violations prescribed in this Article is committed.

Chapter 3.

POWER TO IMPOSE PENALTIES AND RECORD ADMINISTRATIVE VIOLATIONS WITHIN TERRITORIAL WATERS, ISLANDS AND CONTINENTAL SHELF OF THE SOCIALIST REPUBLIC OF VIETNAM

Article 28. Power to impose administrative penalties of Vietnam marine police forces

1. Police Officers on duty of Marine Police Forces shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 1,500,000,

2. Coastguard team leaders shall have the power to:

a) Issue warning;

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3. Coastguard squad leaders and captains of coastguard stations shall have the power to:

a) Issue warning;

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

c) Enforce the remedial measures mentioned in Points a, c and dd Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

4. Commanders of coastguard platoons shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 25,000,000;

c) Confiscate the exhibits and instrumentalities for committing violations worth up to VND 25,000,000;

d) Enforce the remedial measures mentioned in Points a, c, d, dd Clause 1 Article 28 of the Law on actions against administrative violations and in Clause 2, Clause 4 Article 4 herein.

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a) Issue warning;

b) Impose a fine up to VND 50,000,000;

c) Confiscate the exhibits and instrumentalities for committing violations worth up to VND 50,000,000;

d) Enforce the remedial measures mentioned in Points a, c, d, dd Clause 1 Article 28 of the Law on actions against administrative violations and in Clauses 2, 4 and 5 Article 4 herein.

6. Commanders of regional coastguard command centers shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 100,000,000;

c) Confiscate the exhibits and instrumentalities for committing violations worth up to VND 100,000,000;

d) Enforce the remedial measures mentioned in Points a, c, d, dd Clause 1 Article 28 of the Law on actions against administrative violations and in Clauses 2, 3, 4 and 5 Article 4 herein.

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a) Issue warning;

b) Impose a fine up to VND 1,000,000,000;

c) Suspend license or practicing certificate or suspend operations for fixed period;

d) Confiscate the exhibits and instrumentalities of administrative violations;

dd) Enforce the remedial measures mentioned in Points a, b, c, d, dd Clause 1 Article 28 of the Law on actions against administrative violations and in Clauses 2, 3, 4 and 5 Article 4 herein.

Article 29. Power to impose administrative penalties of Border Guard Forces

Border guard forces shall, within their managing sectors and scope, have the power to impose penalties for administrative violations prescribed in Section 1 Chapter II herein. To be specific:

1. Heads of border-guard stations, commanders of border-guard flotillas, commanders of border-guard sub-zones and commanders of port border guards shall have the power to:

a) Issue warning;

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c) Confiscate the exhibits and instrumentalities for committing violations worth up to VND 25,000,000;

d) Enforce the remedial measures mentioned in Points a, c, dd Clause 1 Article 28 of the Law on actions against administrative violations and in Clause 2, Clause 4 Article 4 herein.

2. Commanders of provincial-level border guard forces and commanders of border guard fleets affiliated to Border Guard High Command shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 1,000,000,000;

c) Suspend license or practicing certificate or suspend operations for fixed period;

d) Confiscate the exhibits and instrumentalities of administrative violations;

dd) Enforce the remedial measures mentioned in Points a, c, dd, i Clause 1 Article 28 of the Law on actions against administrative violations and in Clauses 2, 3, 4 and 5 Article 4 herein.

Article 30. Power to impose administrative penalties of Customs agencies  

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1. Team leaders of Customs Branches and team leaders of Post-clearance Audit Branches shall have the power to:

a) Issue warning;

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

2. Directors General of Customs Branches and Post-clearance Audit Branches, leaders of customs enforcement teams affiliated to provincial, inter-provincial or city Customs Departments, leaders of anti-smuggling and control teams, leaders of customs procedure teams, leaders of marine control squads and leaders of intellectual property protection and control teams, affiliated to Anti-smuggling and Investigation Department, Vietnam Customs, shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 25,000,000;

c) Confiscate the exhibits and instrumentalities for committing violations worth up to VND 25,000,000;

d) Enforce the remedial measures mentioned in Points d, dd, g, i Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

3. Directors General of Anti-smuggling and Investigation Department, and Post-clearance Audit Department, affiliated to Vietnam Customs, and Directors General of provincial, inter-provincial or city Customs Departments shall have the power to:

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b) Impose a fine up to VND 50,000,000;

c) Suspend license or practicing certificate or suspend operations for fixed period;

d) Confiscate the exhibits and instrumentalities for committing administrative violations worth less than VND 50,000,000;

dd) Enforce the remedial measures mentioned in Points d, dd, g, i Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

4. Director General of Vietnam Customs shall have the power to:  

a) Issue warning;

b) Impose a fine up to VND 1,000,000,000;

c) Confiscate the exhibits and instrumentalities of administrative violations;

d) Enforce the remedial measures mentioned in Points d, dd, g, i Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

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Maritime inspectors, regional maritime administrations and Director of Vietnam Maritime Administration, within their managing sectors and scope, have the power to impose penalties for administrative violations prescribed in Articles 16, 17, 18, 19, 20, 21, 22, 23 and 25 herein. To be specific:

1. Inspectors working at the Inspectorate of Ministry of Transport, inspectors specialized in maritime sector on duty or persons who are assigned to conduct inspections in maritime sector shall have the power to:

a) Issue warning;

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

c) Confiscate the exhibits and instrumentalities for committing violations worth up to VND 500,000;

d) Enforce the remedial measures mentioned in Points a, c and dd Clause 1 Article 28 of the Law on Penalties for Administrative Violations.

2. Chief Inspector of Vietnam Maritime Administration, heads of specialized inspection teams established by the Vietnam Maritime Administration shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 50,000,000;

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d) Confiscate the exhibits and instrumentalities for committing administrative violations worth less than VND 50,000,000;

dd) Enforce the remedial measures mentioned in Clause 1 (excluding point k) Article 28 of the Law on actions against administrative violations and in Clause 5 Article 4 herein.

3. Heads of specialized inspection teams established by Ministry of Transport shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 70,000,000;

c) Suspend license or practicing certificate or suspend operations for fixed period;

d) Confiscate the exhibits and instrumentalities for committing administrative violations worth less than VND 70,000,000;

dd) Enforce the remedial measures mentioned in Clause 1 (excluding point k) Article 28 of the Law on actions against administrative violations and in Clause 5 Article 4 herein.

4. Chief Inspector of the Ministry of Transport shall have the power to:

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b) Impose a fine up to VND 100,000,000;

c) Suspend license or practicing certificate or suspend operations for fixed period;

d) Confiscate the exhibits and instrumentalities of administrative violations;

dd) Enforce the remedial measures mentioned in Points a, b, c, d, dd, e, g, h and i Clause 1 Article 28 of the Law on actions against administrative violations and in Clause 5 Article 4 herein.

5. Chief Commissioners representing regional Maritime Administrations shall have the power to:

a) Issue warning;

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

c) Confiscate the exhibits and instrumentalities for committing violations worth up to VND 10,000,000.

6. Directors of regional maritime administrations, heads of specialized inspection teams established by regional maritime administrations shall have the power to:

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b) Impose a fine up to VND 25,000,000;

c) Suspend license or practicing certificate or suspend operations for fixed period;

d) Confiscate the exhibits and instrumentalities for committing administrative violations worth less than VND 25,000,000;

dd) Enforce the remedial measures mentioned in Points a, b, c, dd and i Clause 1 Article 28 of the Law on actions against administrative violations and in Clause 5 Article 4 herein.

7. Director of Vietnam Maritime Administration shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 100,000,000;

c) Suspend license or practicing certificate or suspend operations for fixed period;

d) Confiscate the exhibits and instrumentalities of administrative violations;

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Article 32. Power to impose administrative penalties of fisheries surveillance forces

Directors of Regional Offices of fisheries resource surveillance, Director General of Department of fisheries resource surveillance, within their managing sectors and scope, shall have the power to impose penalties for administrative violations prescribed in Article 10, Article 11 and Clause 1 Article 12 herein. To be specific:

1. Directors of Regional Offices of fisheries resource surveillance shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 50,000,000;

c) Suspend fishing licenses or certificates or suspend fishing operations for a fixed period;

d) Confiscate the exhibits and instrumentalities for committing administrative violations worth less than VND 50,000,000;

dd) Enforce the remedial measures mentioned in Points a, b, c, d, dd, e, g, h and i Clause 1 Article 28 of the Law on actions against administrative violations and in Clause 2 Article 4 herein.

2. Director General of Department of fisheries resource surveillance shall have the power to:

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b) Impose a fine up to VND 250,000,000;

c) Suspend fishing licenses or certificates or suspend fishing operations for a fixed period;

d) Confiscate the exhibits and instrumentalities for committing administrative violations worth less than VND 250,000,000;

dd) Enforce the remedial measures mentioned in Points a, b, c, d, dd, e, g, h and i Clause 1 Article 28 of the Law on actions against administrative violations and in Clause 2 Article 4 herein.

Article 33. Power to record administrative violations

1. The persons on duty who have the power to impose administrative penalties as prescribed in Articles 28, 29, 30, 31 and 32 herein shall have the power to record such administrative violations.

2. Reconnaissance officials of coastguard forces, officials of regional maritime administrations, if detecting administrative violations when they are on duty, shall have the power to record such administrative violations and send records thereof to the persons who have the power to impose administrative penalties.

Chapter 4.

IMPLEMENTATION PROVISIONS

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This Decree comes into force from January 01, 2014 and supersedes the Government’s Decree No. 137/2004/ND-CP dated June 16, 2004 on penalties for administrative violations committed within the territorial waters and continental shelf of the Socialist Republic of Vietnam.

Article 35. Transition

1. This Decree may be applied to administrative violations which are committed within the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam before the date of entry into force of this Decree but detected afterwards or still under consideration if its provisions are more advantageous to the violators.

2. In case a violator files a complaint against a decision on imposition of administrative penalty which is issued or implemented before the dates of entry into force of the Law on actions against administrative violations and this Decree, regulations of the Ordinance on actions against administrative violations and the Government’s Decree No. 137/2004/ND-CP dated June 16, 2004 on penalties for administrative violations committed within the territorial waters and continental shelf of the Socialist Republic of Vietnam shall apply.

Article 36. Responsibility for implementation

1. Minister of National Defence shall instruct and inspect the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of the Government’s affiliates, Chairpersons of People’s Committees of provinces or central-affiliated cities shall implement this Decree.

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