Will a crew member with a breath alcohol concentration of 0.30 milligrams per liter while working on the boat be penalized?

A few days ago, while my boat was transporting goods, I noticed someone secretly drinking alcohol during work hours. Unexpectedly, the maritime police arrived for an inspection. They conducted a breath alcohol test on the crew members and found one of my crew members with an alcohol concentration of 0.30 milligrams per liter of breath and proceeded to record an administrative penalty. Could you please let me know whether such a penalty by the enforcement authorities is correct, and if so, what is the penalty rate? Thank you.

Based on Clause 8, Article 8 of the Law on Inland Waterway Traffic 2004, the prohibited acts include:

+ Working on a vessel while having an alcohol concentration exceeding 80 milligrams/100 milliliters of blood or 40 milligrams/1 liter of breath, or other stimulants that are prohibited by law.

According to Clause 1, Article 17 of Decree 132/2015/ND-CP providing for the sanctioning of administrative violations in the field of inland waterway traffic as follows:

Article 17. Violations of regulations for vessel owners, lessees, crew members, and operators

  1. A fine ranging from VND 200,000 to VND 300,000 shall be imposed for working on a vessel while having an alcohol concentration exceeding 50 milligrams/100 milliliters of blood or 0.25 milligrams/1 liter of breath, or using other stimulants that are prohibited by law.

Thus, according to the above regulations, the use of stimulants (alcohol) on the boat is a prohibited act. In this case, your crew member was found to have an alcohol concentration of 0.30 milligrams/1 liter of breath during the inspection. Therefore, the documentation of penalties by the Coast Guard for your crew member is in accordance with the regulations, with a penalty range for this case being from VND 200,000 to VND 300,000.

Respectfully!

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