What are the fines for violations against regulations on transport of passengers regarding inland waterway transport in Vietnam?

What are the fines for violations against regulations on transport of passengers regarding inland waterway transport in Vietnam?

Pursuant to Article 32 of the Decree 139/2021/ND-CP stipulating as follows: 

1. A fine ranging from 500.000 VND to 1.000.000 VND shall be imposed for every excess passenger carried beyond the permissible limits of passenger vessels, accommodation vessels,  floating restaurants or floating hotels

2. A fine of from VND 1.000.000 to VND 2.000.000 shall be imposed for an operator of a vessel with capacity of 12 passengers in case of commission of one of the following violations:

a) Failing to arrange seats for passengers; letting passengers to stand on the vessels or having other acts causing unsafe vessels;

b) Loading passengers, cargoes, luggage, bicycles, motorbikes and other vehicles into a vessel that tilts the vessel or obscures the vision of the operator; loading cargoes and luggage on the gangway of passengers;

c) Failing to disseminate the rules and give instructions on the use of life-saving equipment and tools, exit devices or fire-fighting equipment to passengers on the vessel;

d) Carrying small animals without cages or kennels; carrying large animals together with passengers on the vessel;

dd) Carrying toxic, flammable, explosive goods and/or diseased animals together with passengers on the vessel;

e) Failing to have the list of passengers on each voyage or have the list of passengers in accordance with regulations, except for cross-river passenger transport

3. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for failure to run according to the right routes, except for passenger transportation by contracts, abandoning the turns registered, transferring passengers to another vessels without the consent of the passengers, applicable to a vessel with a capacity of 12 passengers.

4. Sanction of administrative violations shall be imposed for the captains in case of commission of violations specified in Clause 2 of this Article or failure to run according to the right routes, except for passenger transportation by contracts, abandoning the turns registered, transferring passengers to another vessels without the consent of the passengers, as follows:

a) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for a vessel with capacity of between 12 passengers and 50 passengers:

b) A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for a vessel with capacity of between 50 passengers and 150 passengers:

c) A fine ranging from VND 7.000.000 to VND 10.000.000 shall be imposed for a vessel with capacity of 150 passengers:

5. A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for passenger, luggage or consigned baggage transport business by a vessel on fixed routes in case of commission of one of the following violations:

a) Failing to provide information about the quality of passenger, luggage or consigned baggage transport services on the website of a service provider or at a port, landing stage or ticket counter for passengers so that they can know the services before voyages;

b) Failing to have an information board at a port, landing stage or ticket counter by both Vietnamese and English about departure time, number of voyages, ticket prices, policies on reduction of ticket prices of people dealing in transport according to regulations of the law (including rest areas and break time), services serving passengers on the journey, passenger insurance, baggage allowance and phone numbers in order to receive feedbacks from passengers;

c) Failing to have an information board by both Vietnamese and English about the hotline of an organization, individual, management authority, search and rescue unit and rules of a vessel.

d) Failing to have an instruction board on the use of fire-fighting equipment, life-saving tools and exit devices;

dd) Committing violations against regulations on management, storage and provision of compulsory information to the competent authorities when it is required according to regulations;

e)  Failing to notify the schedule of a vessel according to regulations;

g) Failing to annually organize the drills of rescue from collision, breakdown of machine, fire or explosion according to regulations;

h) Failing to give passenger tickets, receipts of luggage transport charges, consigned baggage to persons who have fully paid transport charges;

6. A fine ranging from 60.000.000 VND to 75.000.000 VND shall be imposed for failure to establish the enterprises or the cooperatives in case of passenger transport business according to fixed routes, passenger transport business under the contracts, passenger transport business for the purpose of travel according to regulations.

7. Additional penalties:

a) Suspend certificates of competency or professional certificates from 02 to 04 months in case of carrying over 30% to 50% of persons permitted to carry according to regulations of Clause 1 of this Article;

b) Suspend a certificate of competency of master or a professional certificate of an operator from 06 to 12 months if the captain or operator carries over 50% of persons permitted to carry according to regulations of Clause 1 of this Article

What are the fines for violations against regulations on loading and unloading of goods on vessels regarding inland waterway transport in Vietnam?

Pursuant to Article 35 of the Decree 139/2021/ND-CP stipulating as follows: 

1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for a crewmembers or an operator operating a non-motorized vessel with a deadweight tonnage of 15 tonnes, a motorized vessel with total main engine capacity of 15 horse powers in case of commission of the following violations:

a) Loading and unloading goods making vehicles tilted;

b) Arranging goods making visibility of the drivers of the vehicles be obstructed or the operation of steering systems, anchors and other safety equipment interfered;

c) Arranging goods exceeding the size of width; incline of the means.

2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for commission of one of violations specified in Clause 1 of this Article, applicable to a non-motorized vessel with a deadweight tonnage of between  over 15 tonnes and under 250 tonnes or a capacity of between over 12 passengers and under 50 passengers, a motorized vessel with total main engine capacity of between over 15 horse powers and under 135 horse powers or with a capacity of between over 12 passengers and under 50 passengers

3. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for commission of one violations specified in Clause 1 of this Article, applicable to a non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000 tonnes or a capacity of between 50 passengers and 150 passengers, a motorized vessel with total main engine capacity of between over 135 horse powers and 750 horse powers or with a capacity of between over 50 passengers and 150 passengers.

4. A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for commission of one of violations specified in Clause 1 of this Article, applicable to a non-motorized vessel with a deadweight tonnage of over 1.000 tonnes or a capacity of over 150 passengers, a motorized vessel with total main engine capacity of over 750 horse powers or with a capacity of over 150 passengers.

5. Sanction of administrative violations shall be imposed for violations against regulations on uploading, loading or transporting motorbikes, cars on the vessels, as follows:

a) A fine ranging from 300.000 VND to 500.000 VND shall be imposed per motorbike carried in excess of those permitted to carry for vessels carrying motorbikes

b) A fine ranging from 3.000.000 VND to 5.000.000 VND shall be imposed per car carried in excess of those permitted to carry for vessels carrying cars; per car that is not allowed to carry for vessels carrying cars according to regulations.

6. Sanction of administrative violations shall be imposed for anchoring vessels for loading and unloading cargos, embarking and disembarking passengers at the places without declaration or permission to operate, as follows:

a) A fine of from VND 1.000.000 to VND 3.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of 15 tonnes or a capacity of 12 passengers, a motorized vessel with total main engine capacity of 15 horse powers or with a capacity of 12 passengers;

b) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of between over 15 tonnes and under 250 tonnes or a capacity of between over 12 passengers and under 50 passengers, a motorized vessel with total main engine capacity of between over 15 horse powers and 135 horse powers or with a capacity of between over 12 passengers and 50 passengers;

c) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000 tonnes or a capacity of between 50 passengers and 150 passengers; a motorized vessel with total main engine capacity of between over 135 horse powers and 750 horse powers or with a capacity of between over 50 passengers and 150 passengers; a dredging vessel with a capacity of 500m³/h or a crane vessel having lifting equipment with a lifting capacity of 50 tonnes;

d) A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of over 1.000 tonnes or a capacity of over 150 passengers; a motorized vessel with total main engine capacity of over 750 horse powers or with a capacity of over 150 passengers; a dredging vessel with a capacity of 500m³/h or a crane vessel having lifting equipment with a lifting capacity of 50 tonnes.

7. Additional penalties:

Suspend certificates of competency or professional certificates from 02 to 04 months in case of commission of violations specified in Clauses 6 of this Article.

8. Remedial measures:

a) Forced to rearrange goods as prescribed for violations prescribed in Clauses 1,2,3 and 4 of this Article;

b) Forced to disembark excess motorbikes, cars from vessels in case of commission of violations specified in Clause 5 of this Article.

Best regards!