Hanoi-Vietnam: Guidance on the application of remedial measures specified in Circular 130

Currently, when Vietnamese individuals and organizations, as well as foreign individuals and organizations, commit administrative violations within territorial waters, islands and continental shelf of the Socialist Republic of Vietnam, the competent persons may impose penalties and take records of administrative violations in accordance with Decree 162/2013/ND-CP and Decree 23/2017/ND-CP.

For violations stipulated in Decree 162/2013/ND-CP, the remedial measures applied under this Decree include:

1. Remedial measures prescribed at Points a, b, c, d, đ, e, g, h, and i Clause 1 Article 28 of the Law on Handling Administrative Violations.

2. Compelling violators and vessels to leave the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam.

3. Compelling submarines and submerged vehicles to operate on the surface of the water.

4. Compelling the hoisting of the Vietnamese National Flag or national flag in accordance with regulations.

5. Compelling relocation to an appropriate operational area according to vessel classification.

The application of remedial measures stipulated in items 2, 3, 4, and 5 of Article 4 above shall follow the following steps:

- Issuing the decision on administrative penalties, including the prescribed remedial measures.

- Announcing the decision on administrative penalties.

- Using means, supportive tools, and other measures as prescribed by law to enforce the remedial measures specified in the decision on administrative penalties.

For detailed regulations, see Circular 130/2014/TT-BQP, effective from November 12, 2014.

Thu Ba

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