New: Will a master without a permit to leave port end up being stripped of the right to use the Certificate of Competence from 01 month to 06 months?

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• How will violations of registration, registration and inland transport permits of ships on the seas and islands and continental shelf of Vietnam be handled according to current regulations?
• Changing regulations on sanctioning administrative violations on registration, registration and inland transportation permits of ships on the seas and islands and continental shelf in the near future?
• Time to calculate the statute of limitations for administrative sanctions for violations of regulations on registration, registration and inland transport permits of seagoing ships?

How will violations of registration, registration and inland transport permits of ships on the seas and islands and continental shelf of Vietnam be handled according to current regulations?

Pursuant to Article 16 of Decree 162/2013/ND-CP stipulates as follows:

“Article 16. Violations against regulations on registration, registration and inland transport permits of ships

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for lack of one of the ship's documents or certificates or one of those documents and certificates is no longer valid. except for the certificate of registration of the ship.

2. Penalties for not having a permit to leave the final port as prescribed will be as follows:

a) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on ships with a gross tonnage of less than 500 GT;

b) A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed on ships of between 500 GT and under 3,000 GT;

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

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

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

a) Buy, sell, rent, lease, borrow or lend one of the certificates and documents of the vessel;

b) Using one of the certificates, documents of other ships.

5. Penalties will be imposed for failing to have a certificate of civil liability insurance of the shipowner for passenger ships, carrying oil, petroleum products or other dangerous goods as prescribed. as follows:

a) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed on ships carrying passengers up to 100 people; ships carrying petroleum, petroleum products or other dangerous goods with a 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 ships carrying between 100 and under 300 passengers; ships carrying petroleum, petroleum products or other dangerous goods with a gross tonnage of between 500 GT and under 3,000 GT;

c) A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed on ships carrying 300 or more passengers; ships carrying petroleum, petroleum products or other dangerous goods of a gross tonnage of 3,000 GT or more.

6. A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed for acts of foreign ships participating in domestic transport or performing specific activities without obtaining permits or written approvals of competent authorities. Vietnamese rights.

7. Additional sanction: Confiscation of material evidences of violation, for violations specified in Clause 4 of this Article."

Accordingly, for administrative violations on registration, registration and inland transport permits of ships in the seas and islands and continental shelf, administrative sanctions will be imposed according to the above provisions. .

New: Will a master without a permit to leave port end up being stripped of the right to use the Certificate of Competence from 01 month to 06 months?

Changing regulations on sanctioning administrative violations on registration, registration and inland transportation permits of ships on the seas and islands and continental shelf in the near future?

Pursuant to Clause 8, 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

…

8. To amend and supplement Clauses 2 and 7, Article 16 as follows:

"2. For acts of not having a permit to leave the last port as prescribed, the penalties will be as follows:

a) A fine of between VND 5,000,000 and 10,000,000 shall be imposed on ships with a gross tonnage of less than 200 GT;

b) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on ships of between 200 GT and under 500 GT;

c) A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed on ships with a gross tonnage of between 500 GT and under 3,000 GT;

d) A fine ranging from VND 40,000,000 to VND 80,000,000 shall be imposed on ships with a gross tonnage of 3,000 GT or more.

7. Additional sanction: Deprivation of the master's right to use the certificate of professional ability for a term of between 01 and 06 months, for violations specified in Clause 2; confiscate material evidences of violation, for violations specified in Clause 4 of this Article.”.”

Accordingly, for violations without a permit to leave the port, they will eventually be administratively sanctioned according to the above regulations in the near future. In addition, in the near future, there will also be changes related to the form of additional penalties according to the above provisions.

Time to calculate the statute of limitations for administrative sanctions for violations of regulations on registration, registration and inland transport permits of seagoing ships?

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

…

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.”.”

Accordingly, in the near future, violations of regulations on registration, registration and inland transport permits of ships will begin to calculate the statute of limitations according to the above provisions.

Decree 37/2022/ND-CP will take effect from July 22, 2022.