How much is fine for master of the ship when making a getaway after causing a maritime accident in Vietnam?

How much is fine for master of the ship when making a getaway after causing a maritime accident in Vietnam?

Article 33 of Decree 142/2017/ND-CP stipulates violations against regulations on safety, security, order and sanitation regarding the ship’s operations as follows:

11. A fine ranging from VND 40,000,000 to VND 60,000,000 shall be imposed for one of the following violations:

a) Making a getaway after causing a maritime accident;

b) Failure to provide or to sufficiently and accurately provide relevant materials and evidences at the request of competent authorities during the process of investigating maritime accidents.

12. Additional penalties:

a) Suspend the master’s certificate of competency for a fixed period of 01 - 03 months if any of the violations prescribed in Clause 7 of this Article is committed;

b) Suspend the master’s certificate of competency for a fixed period of 03 - 06 months if any of the violations prescribed in Clause 8 of this Article is committed;

c) Suspend the master’s certificate of competency for a fixed period of 06 - 12 months if the violation prescribed in Clause 9 or Point a Clause 11 of this Article is committed.

13. Remedial measures:

a) Enforced moving of obstacles if the violation prescribed in Point a Clause 4 of this Article is committed;

b) Enforced operation within the permissible areas in conformity with the ship class if the violation prescribed in Clause 10 of this Article is committed.

According to Article 5 of Decree 142/2017/ND-CP stipulating the fine level:

The fine for every administrative violation prescribed in Chapter III herein is imposed on an individual. The fine incurred by an organization is twice as much as that incurred by an individual for the same administrative violation.

Thus, according to the above regulations in Vietnam, the master of the ship makes a getaway after causing a maritime accident, this is a prohibited act. The master of the ship who commits such acts will be fined from VND 40,000,000 to VND 60,000,000.

What is responsibility of master of the ship in a marine casualty in Vietnam?

In Article 5 of Circular 01/2020/TT-BGTVT stipulating responsibility of the master, owner, agent and operator of the ship, and entities involved in a marine casualty as follows:

1. The master, owner, agent and operator of the ship, and entities involved in a marine casualty shall report the marine casualty to the relevant maritime administration or the Vietnam Maritime Administration or the Ministry of Transport in a timely and accurate manner in accordance with this Circular.

2. The master of the ship involved in the marine casualty shall organize rescue activities in a timely and effective manner depending safety conditions of the ship.

3. The master and crew of the ship involved in the marine casualty assume responsibility to protect the scene and voyage data recorder at the time of occurrence of the marine casualty, and provide evidence about the casualty to the investigation authority.

4. The master and crew of the ship and entities involved in the marine casualty shall sufficient, truthful and timely information to the investigation authority and also assume legal responsibility for the provided information.

5. With regard to a marine casualty which has resulted in physical damage to a seafarer, the master, owner and employer shall, in addition to the obligation to submit reports as prescribed herein, make statement of marine occupational accidents in accordance with law.

Therefore, when there is a marine accident, the master of the ship has the responsibilities mentioned above in Vietnam.

What is classification of marine casualties in Vietnam?

Pursuant to Article 4 of Circular 01/2020/TT-BGTVT stipulating classification of marine casualties as follows:

1. “very serious marine casualty” is a marine casualty that has resulted in any of the following:

a) the death or loss of a person;

b) the sinking or total loss of the ship;

c) the spill of 100 tonnes of oil or over, or 50 tonnes of toxic chemicals or over into the environment; or

d) the obstruction of the navigational channel for 48 hours or longer.

2. “serious marine casualty” is a marine casualty which does not qualify as a very serious marine casualty as defined in Clause 1 of this Article and has resulted in any of the following:

a) a fire, explosion or stranding of the ship for 24 hours or longer, or severe structural damage to the ship, rendering the ship unfit to proceed;

b) the spill of from 20 tonnes to less than 100 tonnes of oil, or from 10 tonnes to less than 50 tonnes of toxic chemicals into the environment; or

c) the obstruction of the navigational channel for from 24 hours to less than 48 hours.

3. “less serious marine casualty” is a marine incident or marine casualty which qualifies as neither a very serious marine casualty defined in Clause 1 nor a serious casualty as defined in Clause 2 of this Article.

Based on current law in Vietnam, marine casualties are classified as above.

Best Regards!