In the near future, sanctions will be applied for violations of the decision to grant scientific research permits in the seas, islands and continental shelf of Vietnam?

Main Content

• Supplementing regulations on handling of violations in the implementation of decisions on licensing scientific research?
• Supplementing regulations on handling of violations of obligations of foreign organizations and individuals conducting scientific research in Vietnamese waters?
• Violations on regulations on the transfer of information and scientific research results in the seas and islands and continental shelf of Vietnam are handled how?

Supplementing regulations on handling of violations in the implementation of decisions on licensing scientific research?

Pursuant to Clause 5, 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 Vietnam in the sea areas, islands and continental shelf of the Socialist Republic of Vietnam

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5. To add Article 8a after Article 8 as follows:

“Article 8a. Violations in the implementation of decisions on licensing scientific research

1. A fine ranging from VND 170,000,000 to VND 200,000,000 shall be imposed for one of the following violations:

a) Allowing one or more foreign scientists or Vietnamese scientists to participate in research activities in contravention of the decision on licensing of scientific research;

b) Improperly performing one of the objectives of research activities according to the decision on licensing of scientific research;

c) Improperly performing one of the main contents according to the decision on licensing of scientific research, except for cases subject to criminal handling;

d) Conduct research at the wrong location and coordinates of the marine area according to the decision on granting a license for scientific research;

dd) Conduct research not according to the right method according to the decision on licensing of scientific research;

e) Improper use of research facilities and equipment according to the decision on licensing for scientific research;

g) Failure to comply with the research schedule, the ports of arrival and departure according to the decision on licensing of scientific research;

h) Violation on research time according to the decision on licensing of scientific research;

i) Bringing explosives and toxic chemicals to conduct scientific research not in accordance with the decision on licensing for scientific research.

2. Additional sanctioning forms:

Confiscate exhibits and means of administrative violations for the violations specified at Point k, Clause 1 of this Article.”

Thus, administrative violations in the implementation of the decision on licensing scientific research on the seas, islands and continental shelf of Vietnam will be carried out in accordance with the above provisions.

In the near future, sanctions will be applied for violations of the decision to grant scientific research permits in the seas, islands and continental shelf of Vietnam?

Supplementing regulations on handling of violations of obligations of foreign organizations and individuals conducting scientific research in Vietnamese waters?

Pursuant to Clause 6, 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

…

Article 8b. Violating regulations on obligations of foreign organizations and individuals to conduct scientific research in Vietnamese waters

1. 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 report preliminary research results to the Ministry of Natural Resources and Environment at the end of research activities;

b) There is no official report on scientific research results to the Ministry of Natural Resources and Environment within 06 months from the end of scientific research activities.

2. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failing to ensure the necessary working conditions in terms of means, equipment and expenses for scientists approved by the competent state agency of the State. Vietnam sent to participate in the study.

3. A fine ranging from VND 180,000,000 to VND 200,000,000 shall be imposed for changing the main content, location, coordinates, methods, means, equipment, schedule when conducting research compared with the decision. The decision has been licensed when there is no decision to amend or supplement the decision on licensing scientific research.

4. A fine ranging from VND 200,000,000 to VND 250,000,000 shall be imposed for failing to provide original documents and specimens to the Ministry of Natural Resources and Environment within 6 months from the date of completion of scientific research activities. learn.

5. A fine ranging from VND 250,000,000 to VND 300,000,000 shall be imposed for bringing into Vietnamese waters other means and equipment for scientific research, which are likely to cause damage to people, natural resources, pollute the marine environment.

6. A fine ranging from VND 300,000,000 to VND 400,000,000 shall be imposed for failing to complete the dismantling and removal of research facilities and equipment from Vietnamese waters within 30 days from the end of the operation. scientific research.

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

a) Harm Vietnam's sovereignty, sovereign rights and jurisdiction, defense and security activities and national interests at sea;

b) Causing harm to order and safety at sea, conducting activities prohibited under Vietnamese law;

c) Affecting activities of basic investigation, scientific research, exploration, exploitation and use of natural resources and environment of sea and islands which are being carried out lawfully in Vietnam's waters;

d) Failing to immediately stop scientific research activities upon receiving the decision on suspension of the decision on licensing of scientific research;

dd) Failing to immediately terminate scientific research activities, dismantle and bring out of Vietnamese waters scientific research means and equipment upon receiving the decision to revoke the decision on scientific research;

e) Taking advantage of licensed scientific research activities to conduct activities for non-peaceful purposes;

g) Carrying out scientific research in Vietnamese waters without a decision on licensing of scientific research from a competent authority.”

Thus, violations of obligations of foreign organizations and individuals conducting scientific research in Vietnamese waters in the near future will be carried out in accordance with the above provisions

Violations on regulations on the transfer of information and scientific research results in the seas and islands and continental shelf of Vietnam are handled how?

Pursuant to Clause 7, 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). March 2017) of the Government on sanctioning of administrative violations in the seas, islands and continental shelf of the Socialist Republic of Vietnam

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7. Add Article 8c after Article 8b as follows:

“Article 8c. Violations against regulations on publication and transfer of information and scientific research results

1. A fine ranging from VND 15,000,000 to VND 25,000,000 shall be imposed for acts of foreign organizations and individuals conducting scientific research, in the internal waters and territorial waters of Vietnam, publicizing and transferring information and results. research for a third party without the written consent of the Minister of Natural Resources and Environment.

2. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed on acts of foreign organizations or individuals conducting scientific research in the exclusive economic zone and continental shelf of Vietnam to announce and transfer information , research results directly related to the exploration and exploitation of resources for a third party without the written consent of the Minister of Natural Resources and Environment.”.”

Thus, violations of the disclosure and transfer of information, scientific research results in the seas, islands and continental shelf of Vietnam will be administratively sanctioned according to the above provisions.

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