What are provisions on determination of power to impose administrative penalties and power to record administrative violations against regulations on inland waterway navigation in Vietnam?
What are provisions on determination of power to impose administrative penalties and power to record administrative violations against regulations on inland waterway navigation in Vietnam? Thank you!
Determination of power to impose administrative penalties on violations against regulations on inland waterway navigation in Vietnam
Pursuant to Article 42 of the Decree 139/2021/ND-CP stipulating as follows:
1. Chairpersons of People's Committees at all levels shall have power to impose administrative penalties for the violations specified in this Decree within their local management jurisdiction.
2. People's Public Security forces shall have power to impose administrative penalties for the violations specified in Points, Clauses, Articles of this Decree within their functions, powers and tasks that are assigned, as follows:
a) Article 5; Article 6; Article 7; Article 8; Article 10; Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18;
b) Clauses 1, 3 and 4 Article 19;
c) Article 20; Article 21; Article 22; Clause 1 Article 23; Article 24; Article 25; Article 26;
d) Point c, Clause 1, Article 27; Point e, Clause 1, Article 28; Point e Clause 1 and Clause 7 Article 29; Clause 1, Clause 2 and Clause 3 Article 30;
dd) Article 32; Article 33; Article 34; Article 35; Article 36; Article 37; Article 38; Article 39; Article 40; Article 41.
3. The inspectorate of the Ministry of Transport and agencies that are assigned to perform the function of specialized inspection of the Vietnam Inland Waterway Administration, within their functions, powers and tasks that are assigned shall have the power to impose administrative penalties for violations specified in Article 5 to Article 41 of Chapter II of this Decree.
4. The inspectorate of the Department of Transport, within their functions, powers and tasks that are assigned shall have the power to impose administrative penalties for violations specified in Points, Clauses, Articles of this Decree, as follows:
a) Article 5; Article 6; Clause 1, Clause 2 Article 7; Article 8; Article 9; Article 10; Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6 and Clause 7 Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Clause 1, Clause 2 and Clause 3 Article 19; Article 20; Article 21; Article 22; Clause 1, Clause 2 and Clause 3 Article 23; Clause 1, Clause 2, Clause 3 and Clause 4 Article 24; Clause 1, Clause 2, Clause 3, Clause 4 Article 25; Article 26;
b) Clause 1, Clause 2 and Clause 3 Article 27; Clause 1, Clause 2, Clause 3, Clause 4 and Clause 5 Article 28; Clause 1, Clause 2, Clause 3, Clause 4 and Clause 7 Article 29; Article 30 (for the local areas without the inland waterway port authority);
c) Article 31; Clause 1, Clause 2, Clause 3, Clause 4 and Clause 5 Article 32; Article 33; Article 34; Article 35; Article 36; Article 37; Article 38; Article 39; Article 40; Article 41.
5. The agencies assigned to perform the function of specialized inspection of the Sub-Department of Inland Waterways, within their functions, powers and tasks that are assigned shall have the power to impose administrative penalties for violations specified in Points, Clauses, Articles of this Decree, as follows:
a) Article 5; Article 6; Article 7; Article 8; Article 9; Article 10; Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6 and Clause 7 Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Article 20; Article 21; Article 22; Clause 1, Clause 2 and Clause 3 Article 23; Clause 1, Clause 2, Clause 3 and Clause 4 Article 24; Clause 1, Clause 2, Clause 3, Clause 4 Article 25, Article 26;
b) Clause 1, Clause 2, Clause 3, Clause 4 and Clause 5 Article 32; Article 33; Article 34; Article 35; Article 36; Article 37; Article 38; Article 39; Article 40 and Article 41.
6. The inland waterway port authority shall have the power to impose administrative penalties for violations specified in Chapter II of this Decree and violations of sea-going vessels or fishing vessels specified in Clause 6 Article 2 of this Decree which occur at ports, landing stages, anchorages under their management:
7. The Maritime Administration shall have the power to impose administrative penalties for violations against regulations on management or operation of ports, landing stages; vessels, crewmembers, operators; uploading and loading of cargoes, embarkation and disembarkation of passengers specified in this Decree which occur at ports, landing stages under their management within water areas of deep-water ports
8. The border guard forces shall have power to impose administrative penalties for the violations specified in Points, Clauses, Articles of this Decree within their functions, powers and tasks that are assigned, as follows:
a) Article 5; Article 8; Article 10; Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Clause 3 Article 19; Article 20; Article 21; Article 22; Clause 1 Article 23; Article 24; Article 25; Article 26;
b) Clauses 3, Article 30; Clause 1 Article 31;
c) Article 32; Article 33; Article 34; Article 35; Article 36; Article 37; Article 38; Article 39; Article 40 and Article 41.
9. The Coast Guard forces shall have power to impose administrative penalties for the violations specified in Points, Clauses, Articles of this Decree within their functions, powers and tasks that are assigned, as follows:
a) Article 5; Article 8; Article 10; Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 20; Article 21; Article 22; Article 24; Article 25; Article 26;
b) Clause 1 Article 31;
c) Article 32; Article 33; Article 34; Article 35; Article 36; Article 37; Article 38; Article 39; Article 40 and Article 41.
10. In case of administrative violations which occur at inland waterway ports, landing stages that are not subject to management of the inland waterway port authority, the Maritime Administration, the power to impose administrative penalties shall be under management of the traffic inspection forces, the agencies that are assigned to perform the function of specialized inspection of inland waterways or people’s public security.
Power to record administrative violations against regulations on inland waterway navigation in Vietnam
Pursuant to Article 43 of the Decree 139/2021/ND-CP stipulating as follows:
1. The following persons have the power to record administrative violations against regulations on inland waterway navigation:
a) The person who have the power to impose administrative violations against regulations on inland waterway navigation;
b) The officials and public employees of the state inspection agencies, agencies assigned to perform the function of specialized inspection or on-duty persons of People's Army and People's Police Security;
c) Employees of the Inland Waterway Port Authority; employees of the Maritime Administration.
2. In case of detection of any administrative violation against regulations on inland waterway navigation, the competent persons who have the power to record administrative violation specified in Clause 1 of this Article shall compel the violators to terminate the administrative violations and promptly record administrative violations.
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