From July 22, 2022, the act of using the sea area in Vietnam that affects traffic activities at sea will be fined up to 150,000,000 VND?
- From July 22, 2022, if you do not comply with the decision to allocate the sea area, you will be subject to an administrative fine of up to 300,000 VND?
- Using the sea area in Vietnam that affects traffic activities will be administratively fined up to 150,000,000 VND from July 22, 2022?
- What is the time of calculating the statute of limitations for administrative sanctions for violations of the use of sea areas?
From July 22, 2022, if you do not comply with the decision to allocate the sea area, you will be subject to an administrative fine of up to 300,000 VND?
Pursuant to Clause 18, Article 3 of Decree 37/2022/ND-CP, regulations on administrative sanctions have been added for violations specified in the Decision on allocation of sea areas as follows:
“Article 3. Amending and supplementing a number of articles of Decree No. 162/2013/ND-CP dated November 12, 2013 (amended and supplemented by Decree No. 23/2017/ND-CP dated May 13). 3, 2017) of the Government on sanctioning of administrative violations in the sea areas, islands and continental shelf of the Socialist Republic of Vietnam
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18. To add Article 27a after Article 27 as follows:
“Article 27a. Violation of regulations in the Decision on allocation of sea areas
1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for failing to report or provide information on the use of the assigned sea area to state agencies as prescribed.
2. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for using the sea area before the competent authority has handed over the sea area in the field.
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11. Additional sanctions
Deprivation of the right to use the decision on allocation of sea areas from 01 to 06 months, for acts of violation specified in Clauses 4, 7, 7, Point d, Clause 8 and Clause 10 of this Article.
12. Remedial measures
a) Forcible restoration of the original state, enforcement of measures to remedy the environmental pollution, for the violations specified in Clauses 4, 5 and 8 of this Article;
b) Forcible correction of false or misleading information in case of violations specified in Clause 3 of this Article;
c) Forcible return of illegal profits obtained from committing administrative violations specified in Clauses 4, 5, 6, 7 and 8 of this Article;
d) Forcible payment of the amount of money used for the sea area underpayment or evasion, for administrative violations specified in Clause 9 of this Article.”.”
Thus, depending on the violation to determine the level of administrative sanction when violating the provisions in the decision to assign the sea area according to the above content. In addition, violating organizations and individuals must also take remedial measures and bear additional sanctions according to the above provisions.
Note: The above administrative sanction only applies to violators. In case organizations violate the above regulations, the administrative sanction will be 2 times higher than that of violators.
From July 22, 2022, the act of using the sea area in Vietnam that affects traffic activities at sea will be fined up to 150,000,000 VND?
Using the sea area in Vietnam that affects traffic activities will be administratively fined up to 150,000,000 VND from July 22, 2022?
Pursuant to Clause 19, Article 3 of Decree 37/2022/ND-CP, the following provisions have been added:
“Article 3. Amending and supplementing a number of articles of Decree No. 162/2013/ND-CP dated November 12, 2013 (amended and supplemented by Decree No. 23/2017/ND-CP dated May 13). 3, 2017) of the Government on sanctioning of administrative violations in the sea areas, islands and continental shelf of the Socialist Republic of Vietnam
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19. Add Article 27b after Article 27a as follows:
“Article 27b. Violation of using the sea area when there is no decision to assign the sea area
1. A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for using the sea area to affect or obstruct traffic activities at sea.
2. A fine shall be imposed for the act of using the sea area without a decision on allocating the sea area from the competent state agency to allocate the sea area where the location is in the following areas:
a) A fine ranging from VND 100,000,000 to VND 120,000,000 shall be imposed for using the sea area where the location is not located in the areas at Points b, c and d of this Clause;
b) A fine ranging from VND 120,000,000 to VND 140,000,000 shall be imposed for using the marine area where the location is located in the approved or planned areas for marine economic activities;
c) A fine ranging from VND 140,000,000 to VND 160,000,000 shall be imposed for using a marine area located within areas already planned as a marine protected area;
d) A fine ranging from VND 160,000,000 to VND 200,000,000 shall be imposed for using the marine area where the location is located in an established marine protected area.
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8. Remedial measures:
a) Enforce the implementation of measures to restore the original state, force the implementation of measures to remedy the environmental pollution, for the violations specified in Clauses 1, 2, 3, and 3. 4, Clause 5, Clause 6 and Clause 7 of this Article;
b) Forcible return of illegal profits obtained from committing administrative violations for the acts specified in Clauses 1, 2, 3, 4, 5, 6 and 7 This;
c) Forcible payment of the full amount of levy for the use of the evading sea area, for the acts specified in Clauses 1, 2, 3, 4, 5, 6 and 7 of this Article.”.
Accordingly, for acts of using the sea area in Vietnam and obstructing navigation at sea, an administrative fine of from VND 100,000,000 to VND 150,000,000 will be imposed. The acts of violating the use of the sea area when there is no decision to assign another sea area shall be determined on a case-by-case basis to determine the administrative sanction. In addition, violating organizations and individuals are also required to take remedial measures.
Note: the administrative sanction specified above only applies to individuals, if the organization violates, the fine will be doubled.
What is the time of calculating the statute of limitations for administrative sanctions for violations of the use of sea areas?
Pursuant to Clause 2, Article 3 of Decree 37/2022/ND-CP stipulates as follows:
“Article 3. Amending and supplementing a number of articles of Decree No. 162/2013/ND-CP dated November 12, 2013 (amended and supplemented by Decree No. 23/2017/ND-CP dated May 13). 3, 2017) of the Government on sanctioning of administrative violations in the sea areas, islands and continental shelf of the Socialist Republic of Vietnam
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2. To add Article 1b after Article 1a as follows:
“Article 1b. Time for calculating the statute of limitations for sanctioning administrative violations in the waters, islands and continental shelf of the Socialist Republic of Vietnam
1. The time limit for calculating the statute of limitations for sanctioning administrative violations in the seas, islands and continental shelf of the Socialist Republic of Vietnam shall comply with the provisions of Clause 1, Article 6 of the Law on Handling of Administrative Violations. 2012, which is amended and supplemented at Point a, Clause 4, Article 1 of the Law on amendments and supplements to a number of articles of the Law on Handling of Administrative Violations 2020.
2. Ended administrative violations specified in this Decree are acts related to obligations and responsibilities of individuals and organizations that must be performed within a certain time limit as prescribed by law. but at the end of that time limit, the individual or organization has not yet complied with the provisions of Clauses 1, 2 and 3, Article 13; Article 20; Clause 2 Article 22; Point a, Clause 2, Clause 3 and Clause 4, Article 23 of this Decree.
3. Administrative violations that are being performed as prescribed in this Decree are violations that are not specified in Clause 2 of this Article.”.”
Thus, the calculation of the statute of limitations for administrative sanctions for violations of the use of the sea area shall comply with the above provisions.
Decree 37/2022/ND-CP will take effect from July 22, 2022.
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