Regulations on penalties for offences against regulations on procedures for transit through a seaport in Vietnam

Regulations on penalties for offences against regulations on procedures for transit through a seaport in Vietnam (Internet image) 

What is transit?

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Application and procedures for issuance of license for transit of goods in Vietnam 

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Regulations on penalties for offences against regulations on procedures for transit through a seaport in Vietnam

According to Clause 15, Article 1 of Decree 123/2021/ND-CP amending Article 32 of Decree 142/2017/ND-CP stipulating penalties for violations against regulations on seaport transit procedures by ships boat as follows:

- A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for providing insufficient or false information in the notice or confirmation of ship’s arrival at or departure from a seaport or the general declaration or the crew list or the passenger list as prescribed.

- A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following offences:

+ Initiating the procedures for ship’s arrival at, departure from or transit through a seaport after the prescribed deadline;

+ Failure to initiate the procedures for re-issuance of a port clearance permit in case it is expired as prescribed.

- A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following offences:

+ Within the prescribed time limit, failure to provide one of the mandatory certificates or documents or providing an inappropriate certificate or document when following the procedures for ship’s arrival at, departure from or transit through a seaport;

+ Failure to provide or insufficiently providing documents related to the carriage of dangerous cargo onboard the ship as regulated;

+ Failure to provide or insufficiently providing documents or certificates concerning environmental pollution prevention; documents or certificates concerning ballast water management; anti-fouling system as prescribed;

+ Failure to provide the original or certified true copy of the bank guarantee given by a credit institution or foreign bank branch on payment of repatriation costs to seafarers as prescribed;

+ Failure to provide or insufficiently providing information about weapons, explosives or stowaways;

+ Loading or unloading cargo without permission or letting seafarers, passengers or other unauthorized persons embark without permission before completing the entry procedures or disembark without permission after completing exit procedures as prescribed.

- The following fines shall be imposed for failure to have an effective shipowner’s liability insurance certificate or effective financial security certificate if the ship carries passengers, petroleum, petroleum products or other dangerous cargo as:

+ A fine ranging from VND 15,000,000 to VND 30,000,000 shall be imposed on the ship carrying less than 50 passengers; the ship which carries petroleum, petroleum products or other dangerous cargo and has gross tonnage of less than 200 GT;

+ A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed on the ship carrying 50 to less than 100 passengers; the ship which carries petroleum, petroleum products or other dangerous cargo and has gross tonnage of 200 GT to less than 500 GT;

+ A fine ranging from VND 50,000,000 to VND 80,000,000 shall be imposed on the ship carrying 100 to less than 300 passengers; the ship which carries petroleum, petroleum products or other dangerous cargo and has gross tonnage of 500 GT to less than 3,000 GT;

+ A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed on the ship carrying 300 passengers or more; the ship which carries petroleum, petroleum products or other dangerous cargo and has gross tonnage of 3,000 GT or more;

- The following fines shall be imposed for failure to obtain the last port clearance certificate as prescribed or leaving the port before obtaining permission from a competent authority:

+ A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed on a ship of less than 200 GT;

+ A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed on a ship of 200 GT to less than 500 GT;

+ A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed on a ship of 500 GT to less than 3,000 GT;

+ A fine ranging from VND 40,000,000 to VND 80,000,000 shall be imposed on a ship of 3,000 GT or more.

- A fine ranging from VND 80,000,000 to VND 100,000,000 shall be imposed on a foreign-flagged ship for engaging in inland waterway transport or carrying out specific activities without obtaining permission from a competent authority as prescribed.

According to Clause 7, Article 32 of Decree 142/2017/ND-CP, the additional sanction for offences against regulations on procedures for transit through a seaport in Vietnam is as follows: Suspend the master’s certificate of competency for 03 - 06 months if any of the offences prescribed in clause 5 of Article 32 of Decree 142/2017/ND-CP, is committed.

In addition, according to Clause 8, Article 32 of Decree 142/2017/ND-CP, the remedial measures for offences against regulations on procedures for transit through a seaport in Vietnam include:

--The violator is compelled to provide additional and accurate information if the offence specified in clause 1 of Article 32 of Decree 142/2017/ND-CP is committed;

- The violator is compelled to pay maritime fees and charges and relevant costs as prescribed if the offence specified in clause 5 of Article 32 of Decree 142/2017/ND-CP is committed.

Thus, the fines for offences against regulations on procedures for transit through a seaport can be fined up to 100,000,000 VND. When falling into the case specified in Clause 7, Clause 8, Article 32 of Decree 142/2017/ND-CP, they will be forced to implement additional sanctions and remedial measures as prescribed.

Nguyen Pham Nhut Tan

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