What are regulations on temporary seizure of vessels, papers, practicing certificates of operators that commit violations against inland waterway navigation regulations in Vietnam?

What are regulations on temporary seizure of vessels, papers, practicing certificates of operators that commit violations against inland waterway navigation regulations in Vietnam?

Pursuant to Article 51 of the Decree 139/2021/ND-CP stipulating temporary seizure of vessels, papers, practicing certificates relevant to vessels and operators that commit violations as follows:

1. The temporary seizure of evidences, vessels, papers, practicing certificates relevant to vessels and operators that commit violations shall comply with regulations of Article 125 of the Law on handling administrative violations.

2. In case of temporary seizure of papers according to regulations of the Law on handling administrative violations, if the violator fails to settle the case at a competent agency after the arranged date, keeps operating the vehicle and continues to operate the vehicle or allows the vehicle to be operated by another person, that person shall incur the penalties operating a vehicle without papers.

3. In case the fine is only imposed on an individual or organization that commit an administrative violation, the person who is entitle to impose penalties shall have the power to temporarily seize one of the following papers according to the following order until the individual or organization completely abides by the decision on administrative penalties:

a) A certificate of competency of master, a certificate of training in ship operation;

b) An inland waterway vessel registration certificate or a certificate of credit institution that is valid (for mortgaged vessel);

c) A technical safety and environmental protection certificate of a vessel;

d) A certificate of competency of chief engineer;

dd) Other papers that are relevant to vessels and/or evidences.

4. In case of seizure of a vessel according to regulations of Clause 1 of this Article, the owner, crewmembers or operator shall pay all costs (if any) of the use of alternative vessels in order to transport people, passengers or goods carried on the vessel that is being temporarily seized.

5. The temporary seizure of evidences, means that commit administrative violations, certificates of competency, professional certificates shall comply with regulations of this Decree, the Law on handling administrative violations and other relevant regulations of the Law.

What are regulations on suspension of licenses, certificates of competency or professional certificates of operators that commit violations against inland waterway navigation regulations in Vietnam?

Pursuant to Article 52 of the Decree 139/2021/ND-CP stipulating suspension of licenses, certificates of competency or professional certificates of operators that commit violations against inland waterway navigation regulations in Vietnam as follows:

1. The suspension of licenses, certificates of competency or professional certificates shall comply with regulations of the Law on handling administrative violations.

2. In case a person who commits administrative violations is subject to suspension of license, certificate of competency or professional certificate with the remaining effective period of the license/certificate that is shorter than the regulatory suspension period, the suspension period shall be equal to the remaining effective period of the license/certificate.

Best regards!