Administrative violationsin Vietnam in the seas, islands and continental shelf of Vietnam many times will be considered as aggravating circumstances deciding the fine from July 22, 2022?
- What is the fine level for administrative violations in Vietnam in the seas, islands and continental shelf of Vietnam?
- Supplementing regulations on aggravating circumstances for acts of administrative violations in Vietnam in the seas, islands and continental shelf of Vietnam?
- Remedial measures for administrative violations in Vietnam's seas, islands and continental shelf today?
What is the fine level for administrative violations in Vietnam in the seas, islands and continental shelf of Vietnam?
Pursuant to Article 3 of Decree 162/2013/ND-CP stipulating as follows:
“Article 3. Fine levels and fines competence
1. The maximum fine in the management of sea areas, islands and continental shelf of the Socialist Republic of Vietnam for individuals is 1,000,000,000 VND, for organizations is 2,000,000,000 VND.
2. The fine level for administrative violations specified in Chapter II of this Decree is the fine level imposed on individuals. The fine level for organizations is equal to 02 times the fine level for individuals.
3. The competence to impose fines of the titles specified in Chapter III of this Decree is the competence to impose fines on individuals; authority to impose fines on organizations is equal to 02 times for individuals.”
Thus, the case of administrative violations on the seas, islands and continental shelf of Vietnam will now be subject to a maximum administrative fine of 1 billion VND for individuals and 2 billion VND for organizations.
Administrative violations in the seas, islands and continental shelf of Vietnam many times will be considered as aggravating circumstances deciding the fine from July 22, 2022?
Supplementing regulations on aggravating circumstances for acts of administrative violations in Vietnam in the seas, islands and continental shelf of Vietnam?
Pursuant to Point b, Clause 3, 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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3. To amend and supplement the article title and a number of clauses of Article 3 as follows:
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b) Add Clause 4 after Clause 3 as follows:
“4. Organizations and individuals committing administrative violations many times in the sea areas, islands and continental shelf of the Socialist Republic of Vietnam as prescribed in this Decree shall be considered as aggravating circumstances in sanctioning of violations. administration.”
Thus, individuals and organizations that commit administrative violations many times in the seas, islands and continental shelf of Vietnam will be considered as aggravating circumstances for administrative violations in the near future.
Remedial measures for administrative violations in Vietnam's seas, islands and continental shelf today?
Pursuant to Article 4 of Decree 162/2013/ND-CP stipulating as follows:
“Article 4. Remedial measures
Remedial measures to be applied in this Decree include:
1. Remedial measures are specified at Points a, b, c, d, dd, e, g, h and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
2. Forcing violators and ships to leave the waters, islands and continental shelf of the Socialist Republic of Vietnam.
3. Forcing submarines and underground vehicles to operate on the water surface.
4. Forcibly hang the Vietnamese national flag or the national flag according to regulations.
5. Forced relocation to the operating area to suit the ship class.”
Accordingly, at present, remedial measures for administrative violations in the seas, islands and continental shelf of Vietnam are implemented in accordance with the above provisions.
However, Decree 37/2022/ND-CP was issued and there were amendments on remedial measures for administrative violations in the sea, islands and continental shelf of Vietnam. Specifically, in Clause 4, 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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4. To amend Clause 1, Article 4 as follows:
“Article 4. Remedial measures
1. Remedial measures are specified at Points a, b, c, d, e and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations.”.”
Thus, in the near future, remedial measures will be taken for administrative violations in the seas, islands and continental shelf of Vietnam according to the new regulations mentioned above.
Decree 37/2022/ND-CP will take effect from July 22, 2022.
Lê Nhựt Hào
