Vietnam: Failure to implement special preventive measures shall be fined up to VND 150 million

On November 12, 2013, the Government of Vietnam issued Decree No. 162/2013/NĐ-CP providing for penalties for administrative violations committed within the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam.

Không thực hiện đầy đủ các biện pháp phòng ngừa đặc biệt bị phạt đến 150 triệu, Nghị định 162/2013/NĐ-CP

According to Article 24 of Decree No. 162/2013/NĐ-CP of Vietnam’s Government, penalties for violations against regulations on protection of marine environment by foreign nuclear-powered ships or ships carrying radioactive substances, toxic or dangerous chemicals through the territorial waters of Vietnam are specified as follows:

- A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for failure to present technical documents relating to the ship and cargoes carried on board the ship and compulsory liability insurance documents.

- A fine ranging from VND 100,000,000 to VND 150,000,000 shall be imposed for one of the following violations:

+ Failure to implement special preventive measures for these ships as regulated by the law of Vietnam and international treaties to which the Socialist Republic of Vietnam is a signatory;

+ Failure to comply with a decision made by a competent authority of Vietnam on application of special preventive measures in case the ship denotes or there is clear evidence of risks of oil leak or environmental pollution.

Besides, Decree No. 162/2013/NĐ-CP stipulates remedial measures as follows: Enforced movement of persons and ships away from the territorial waters, islands and continental shelf of the Socialist Republic of Vietnam for failure to implement special preventive measures for these ships as regulated by the law of Vietnam and international treaties to which the Socialist Republic of Vietnam is a signatory and failure to comply with a decision made by a competent authority of Vietnam on application of special preventive measures in case the ship denotes or there is clear evidence of risks of oil leak or environmental pollution.

View more details at Decree No. 162/2013/NĐ-CP of Vietnam’s Government, effective from January 01, 2014.

Ty Na

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