What are the fines for violations against regulations on use of certificates of competency or professional certificates of crewmembers, vessel operators on inland waterway in Vietnam?

What are the fines for violations against regulations on use of certificates of competency or professional certificates of crewmembers, vessel operators on inland waterway in Vietnam?

Pursuant to Article 22 of the Decree 139/2021/ND-CP stipulating as follows: 

1. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed for a crewman or operator who does not bring a certificate of competency or professional certificate according to regulations

2. A fine ranging from VND 2.000.000 to VND 5.000.000 shall be imposed for a operator who does not have a professional certificate or have a professional certificate that is not suitable for the type of vessel according to regulations or is being suspended the professional certificate

3. Saction of administrative violations shall be imposed for crewmembers who do not have certificates of competency or use certificates of competency that are expired according to regulations or are being suspended the certificates of competency as follows:

a) A fine ranging from VND 2.000.000 to VND 3.000.000 shall be imposed for a crewman who must have a four-class certificate of competency of master according to regulations;

b) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for a crewman who must have a third-class certificate of competency of master or a third-class certificate of competency of chief engineer according to regulations;

c) A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for a crewman who must have a second-class certificate of competency of master or a second-class certificate of competency of chief engineer according to regulations;

d) A fine ranging from VND 7.000.000 to VND 9.000.000 shall be imposed for a crewman who must have a first-class certificate of competency of master or a first-class certificate of competency of chief engineer according to regulations;

4. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for leasing, lending or hiring, borrowing, erasing or correcting a professional certificate; making false declaration for the purpose of issuance, re-issuance or change of a professional certificate or using a professional certificate with a serial number at the back that is not the same as the latest serial number issued in the book of the competent authority or a professional certificate that is not issued by the competent authority.

5. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for leasing, lending or hiring, borrowing, erasing or correcting a certificate of competency of master and chief engineer; making false declaration for the purpose of issuance, re-issuance or change of a certificate of competency or using a certificate of competency of master and chief engineer with a serial number at the back that is not the same as the latest serial number issued in the book of the competent authority or a certificate of competency of master and chief engineer that is not issued by the competent authority.

6. Additional penalties:

a) Suspend the certificate of competency or professional certificate from 06 to 12 months for leasing, lending the certificate of competency or professional certificate specified in Clauses 3,4 of this Article.

b) Confiscate the certificate of competency or professional certificate in case of making of false declaration for the purpose of issuance, re-issuance or change of the certificate of competency or professional certificate or use of the certificate of competency or professional certificate with a serial number at the back that is not the same as the latest serial number issued in the book of the competent authority or person; or the certificate of competency or professional certificate that is not issued by the competent authority according to regulations of Clauses 4.5 of this Article.

7. Remedial measures:

Enforced return of certificates of competency or professional certificates of crewmembers and operators which have been erased or corrected to the competent agencies or persons that have issued the certificates according to regulations of Clauses 4,5 of this Article.

What are the fines for violations against regulations on training and advanced training for crewmembers and operators on inland waterway in Vietnam?

Pursuant to Article 23 of the Decree 139/2021/ND-CP stipulating as follows: 

1. A fine ranging from 1.000.000 VND to 2.000.000 VND shall be imposed for using vessels for the purpose of practice without the signals for “training vessels” according to regulations.

2. A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed for failure to use vessels for practice tests in accordance with regulations.

3. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for the commission of one of the following violations:

a) Failing to ensure the conditions of classrooms and exam rooms according to regulations;

b) Failing to meet the standards of workshops and practice areas according to regulations;

c) Failing to ensure teaching materials according to regulations;

d) Lacking at least 01 theory teacher or practice teacher; failing to have theory teachers or practice teachers who meet requirements according to regulations;

dd) Failing to perform or adequately perform training contents and programs according to regulations;

e) Failing to enroll in accordance with regulations.

g) Failing to organize training and advanced training at the location approved by the competent authority.

4. A fine ranging from VND 30.000.000 to VND 40.000.000 shall be imposed for training crewmembers and operators of inland waterway vessels without certificates of eligibility for provision of crewmembers training services issued by the competent authorities or failing to train crewmembers and operators according to certificates of eligibility for provision of crewmembers training services issued by the competent authorities in accordance with regulations.

5. A fine ranging from VND 40.000.000 to VND 60.000.000 shall be imposed for training crewmembers and operators at the time on which the operation of training facilities is suspended.

6. Additional penalties:

Suspend operation for 03 - 06 months in case the training facilities commit the violations specified in Clauses 3,4,5 of this Article;

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