Crew members on board ships with professional certificates, crew books, passports but expired will be fined 10,000,000 VND?

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• How to penalize violations of seafarers' professional certificates, crew books and crew passports in the seas, islands and continental shelf of Vietnam today?
• In case the professional certificate of a seafarer on a ship is expired, is there a penalty?
• Will the level of administrative penalties for violations of regulations on life safety on ships change in the near future?

How to penalize violations of seafarers' professional certificates, crew books and crew passports in the seas, islands and continental shelf of Vietnam today?

Pursuant to Article 17 of Decree 162/2013/ND-CP stipulates as follows:

“Article 17. Violations against regulations on seafarers' professional certificates, crew books and crew passports

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for acts of seafarers working on board ships without sufficient professional certificates, crew books or crew passports as prescribed.

2. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for buying, selling, renting, leasing, borrowing or lending professional certificates, crew books and crew passports.

3. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for using forged professional certificates, crew books or crew passports or having been corrected or erased to falsify the contents.

4. Additional sanctioning forms:

a) Deprive the right to use professional certificates from 06 months to 12 months, for violations specified in Clause 2 of this Article;

b) Confiscate professional certificates, crew books and crew passports for violations specified in Clause 3 of this Article.”

Accordingly, violations of the crew's professional certificates, crew books and crew passports in the seas, islands and continental shelf of Vietnam will now be handled according to the above provisions.

Crew members on board ships with professional certificates, crew books, passports but expired will be fined 10,000,000 VND?

In case the professional certificate of a seafarer on a ship is expired, is there a penalty?

According to Decree 37/2022/ND-CP, which will take effect in the near future, there are amendments to regulations on sanctioning violations of seafarers' professional certificates, crew books and crew passports. on the seas, islands and continental shelf of Vietnam. Specifically, in Clause 9, 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

…

9. To amend and supplement the name and clause 1 of Article 17 as follows:

“Article 17. Violations against regulations on seafarers' professional certificates, crew books and crew passports

1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for acts of seafarers working on board ships without sufficient professional certificates, crew books and passports of seafarers as prescribed or having them but expired. .”.”

Accordingly, in the near future, seafarers on ships with expired professional certificates will be handled according to the above provisions.

Will the level of administrative penalties for violations of regulations on life safety on ships change in the near future?

Pursuant to Clause 10, Article 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

…

10. To amend and supplement Article 18 as follows:

“Article 18. Violations against regulations on safety of life on board ships

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

a) There is no assignment of duties in an emergency situation at the necessary positions, or there is a list of duties that are not suitable for the ship's crew or the roster is damaged;

b) Crew members fail to use the ship's life-saving and puncture-saving equipment proficiently;

c) Failing to write, incompletely or incorrectly recording the contents of the marine logbook, engine logbook or other types of logs other than those specified in Clause 1, Article 25 of this Decree.

2. A fine of between VND 10,000,000 and 15,000,000 shall be imposed for each of the following violations:

a) Life-saving appliances of poor quality or not ready for immediate operation;

b) Improper arrangement of life-saving equipment on ships;

c) Life-saving equipment has expired.

3. For acts of failing to arrange enough minimum safety margin or exceeding the allowable level of life-saving equipment on board as prescribed; Failure to equip or inadequately equipped with fire-fighting, life-saving and puncture-saving equipment as prescribed will be penalized 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 30,000,000 shall be imposed on ships with a gross tonnage of between 500 GT and under 3,000 GT;

d) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed on ships with a gross tonnage of 3,000 GT or more.

4. Penalties for carrying goods exceeding the prescribed weight of vessels with a total tonnage of less than 200 GT will be sanctioned as follows:

a) A warning will be imposed for carrying goods in excess of less than 01% of the allowable tonnage;

b) A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for transporting goods in excess of 01% to less than 05% of the permitted tonnage;

c) A fine of between VND 3,000,000 and 5,000,000 shall be imposed for carrying goods in excess of 05% to less than 10% of the permitted tonnage;

d) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for carrying goods in excess of 10% or more than the permitted tonnage.

5. Penalties for carrying goods in excess of the regulations on ships with a total tonnage from 200 GT to less than 500 GT will be sanctioned as follows:

a) A warning will be imposed for carrying goods in excess of less than 01% of the allowable tonnage;

b) A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for transporting goods in excess of 01% to less than 05% of the permitted tonnage;

c) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for transporting goods in excess of 05% to less than 10% of the allowable tonnage;

d) A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for carrying goods in excess of 10% or more than the permitted tonnage.

6. Penalties for carrying goods in excess of the regulations on ships with a gross tonnage from 500 GT to less than 3,000 GT will be sanctioned as follows:

a) A warning will be imposed for carrying goods in excess of less than 01% of the allowable tonnage;

b) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for transporting goods in excess of 01% to less than 05% of the permitted tonnage;

c) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for transporting goods in excess of 05% to less than 10% of the permitted tonnage;

d) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for carrying goods in excess of 10% or more than the permitted tonnage.

7. Penalties for carrying goods in excess of the regulations on ships with a gross tonnage of 3,000 GT or more will be sanctioned as follows:

a) A warning will be imposed for carrying goods in excess of less than 01% of the allowable tonnage;

b) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for carrying goods in excess of 01% to less than 05% of the permissible tonnage;

c) A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for carrying goods in excess of 05% to less than 10% of the permitted tonnage;

d) A fine ranging from VND 70,000,000 to VND 80,000,000 shall be imposed for carrying goods in excess of 10% or more than the permitted tonnage.

8. For acts of carrying passengers in excess of the prescribed number of ships with a total tonnage of less than 200 GT, the fines will be as follows:

a) A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for carrying more than 5 passengers in excess of the permitted number;

b) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for carrying passengers in excess of 06 to 10 people over the allowed quantity;

c) A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for carrying more than 10 passengers in excess of the permitted number.

9. For acts of carrying passengers in excess of the prescribed number of ships with a total tonnage of from 200 GT to less than 500 GT, the fines will be as follows:

a) A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for carrying more than 5 passengers in excess of the allowed quantity;

b) A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for carrying passengers in excess of 06 to 10 people compared to the allowed quantity;

c) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for carrying more than 10 passengers in excess of the permitted number.

10. For acts of carrying passengers in excess of the prescribed number of ships with a total tonnage from 500 GT to less than 3,000 GT, the fines will be as follows:

a) A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for carrying more than 10 passengers in excess of the permitted number;

b) A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for carrying passengers in excess of 11 to 20 people over the allowed quantity;

c) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for carrying more than 20 passengers in excess of the permitted number.

11. For acts of carrying passengers in excess of the prescribed number of ships with a total tonnage of 3,000 GT or more, the fines will be as follows:

a) A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for carrying more than 20 passengers in excess of the permitted number;

b) A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for carrying passengers in excess of 21 to 30 people compared to the permitted number;

c) A fine ranging from VND 60,000,000 to VND 80,000,000 shall be imposed for carrying more than 30 passengers in excess of the permitted number.

12. Additional sanction: Deprivation of the master's right to use the certificate of professional ability from 01 to 03 months for the violations specified at Points b, c and d, Clause 6; point b, point c, point d clause 7; Points b and c, Clause 9; Clauses 10 and 11 of this Article.

13. Remedial measures: Forcible disembarkation of ships or unloading of ships in excess of the prescribed quantity of goods for the violations specified in Clauses 4, 5, and 5. 6, Clause 7, Clause 8, Clause 9, Clause 10 and Clause 11 of this Article.”.”

Thus, in the near future, administrative penalties for violations of regulations on life safety on ships will comply with the above provisions.

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