From July 22, 2022 will apply the time to calculate the statute of limitations for administrative sanctions on the seas, islands and continental shelf of Vietnam?

Main Content

• Additional subjects to apply for administrative sanctions on seas, islands and continental shelves?
• Adding the time to calculate the statute of limitations for administrative sanctions on the seas and islands and the continental shelf?
• What acts are considered administrative violations in Vietnam in the sea, islands and continental shelf?

Additional subjects to apply for administrative sanctions on seas, islands and continental shelves?

Pursuant to Clause 1, 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

1. To add Article 1a after Article 1 as follows:

“Article 1a. Subjects of application

1. Vietnamese organizations and individuals and foreign organizations and individuals (hereinafter referred to as organizations and individuals) commit administrative violations specified in this Decree on sea areas, islands and continental shelf of the Socialist Republic of Vietnam; persons competent to make records of administrative violations, persons competent to sanction administrative violations and other relevant agencies, organizations and individuals.

2. Organizations specified in Clause 1 of this Article include:

a) A state agency commits an act of violation that is not within its assigned state management task;

b) Enterprises established and operating under Vietnamese law; branches and representative offices of foreign enterprises operating in Vietnam;

c) Cooperatives, unions of cooperatives, cooperative groups;

d) Non-business organizations and units;

d) Social organizations, socio-political organizations, socio-professional organizations.

3. Business households that register their business according to the provisions of law, and households that commit administrative violations specified in this Decree shall be subject to the same penalties for violations as individuals.”.”

Accordingly, the subjects falling into the above cases will be subject to the provisions on administrative sanctions in the seas, islands and continental shelf.

From July 22, 2022 will apply the time to calculate the statute of limitations for administrative sanctions on the seas, islands and continental shelf of Vietnam?

Adding the time to calculate the statute of limitations for administrative sanctions on the seas and islands and the continental shelf?

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.”.”

Thus, the time applied to calculate the statute of limitations for sanctioning administrative violations in the sea areas, islands and continental shelf will comply with the above provisions.

What acts are considered administrative violations in Vietnam in the sea, islands and continental shelf?

Pursuant to Article 1 of Decree 162/2013/ND-CP stipulating as follows:

"Article 1. Scope

1. This Decree provides for administrative violations; sanctioning forms, sanctioning levels; remedial measures; authority to make records of administrative violations; competence to sanction administrative violations in the seas, islands and continental shelf of the Socialist Republic of Vietnam.

2. The group of administrative violations specified in this Decree includes:

a) Violating regulations on management of sea areas, islands and continental shelf of the Socialist Republic of Vietnam;

b) Violations against regulations on navigation outside seaport waters;

c) Violating regulations on marine environment protection.

3. For administrative violations on the islands and archipelagoes of Vietnam, the provisions of law on sanctioning of administrative violations in the relevant field of state management shall be applied for handling. For administrative violations detected in the internal waters, territorial sea, contiguous zone, exclusive economic zone and continental shelf of Vietnam's islands and archipelagoes, fines corresponding to the violations will be applied. prescribed in this Decree.”

Accordingly, administrative violations in Vietnam in the sea, islands and continental shelf include violations of regulations on management of sea areas, islands and continental shelf of the Socialist Republic of Vietnam; regulations on navigation outside seaport waters; regulations on navigation outside seaport waters.

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