DECREE No. 92/1999/ND-CP OF SEPTEMBER 4, 1999 ON SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS IN THE MARITIME FIELD

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to Vietnam's Maritime Code of July 12, 1990;
Pursuant to the Ordinance on Handling of Administrative Violations of July 6, 1995;
At the proposal of the Minister of Communications and Transport;

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1: Scope of regulation

•  Administrative violations in the maritime field are acts of breaching the rules of the State management over the maritime field, intentionally or unintentionally by organizations and/or individuals, which are not serious enough for penal liability examination, but must be administratively sanctioned as prescribed by law.
•  Administrative violations in the maritime field prescribed in this Decree include:
•  Violations in seaport exploitation activities;
•  Violations in maritime activities of vessels within seaport areas and maritime zones;
•  Violations in sea shipping business and maritime service activities;
•  Violations in maritime search and rescue activities;
•  Violations in sunken property salvage and recovery activities;
•  Violations in maritime safety guaranty activities.

Article 2: Objects of application

•  All organizations and individuals that commit acts of administrative violation in the maritime field shall be dealt with according to the provisions of this Decree and other relevant provisions of the legislation on handling of administrative violations.

Foreign organizations and individuals that commit acts of administrative violations in the maritime field at seaports and maritime zones of Vietnam (except for port land and water areas used for military purposes) shall also be sanctioned according to the provisions of this Decree, except otherwise provided for by international agreements which Vietnam has signed or acceded to.

•  The sanctioning of administrative violations committed by minors in the maritime field shall comply with the provisions in Point a, Clause 1 of Article 5, and Article 6 of this Ordinance on Handling of Administrative Violations (hereafter referred to as the Ordinance).

Article 3: Sanctioning principles

•  The principles for sanctioning administrative violations in the maritime field shall comply with the provisions in Article 3 of the Ordinance.
•  The sanctions against administrative violations in the maritime field shall be imposed by competent persons defined in Articles 27, 28, 29 and 30 of this Decree.
•  No sanction shall be imposed on administrative violations committed under force majeure circumstances or in emergency cases to protect human life or ensure the safety of vessels, cargo and navigation projects.

Article 4: Extenuating and aggravating circumstances

•  Extenuating circumstances in the maritime field are those specified in Article 7 of the Ordinance.
•  Aggravating circumstances in the maritime field are those specified in Article 8 of the Ordinance.

Article 5: The statute of limitations for sanctioning

The statute of limitations for sanctioning an administrative violation in the maritime field shall be one year after such administrative violation is committed.
For administrative violations committed in the exploitation of seaports and maritime projects; export and import of vessels and maritime special-use equipment; exit and/or entry of vessels, crew members and passengers, the statute of limitations for sanctioning shall be two years after such administrative violation acts are committed.

Past that statute of limitations, no sanctions shall be imposed on administrative violations, but other measures specified in Points a, b and d, Clause 3, Article 6 of this Decree may be applied.

•  An individual, who is sued, prosecuted or brought to trial under the criminal procedures, but later there is a decision to suspend the investigation or to suspend the case, shall be sanctioned for administrative violation(s) if his/her acts show signs of administrative violation(s); the status of limitations for sanctioning the administrative violation(s) in this case shall be 3 months after the suspension decision is issued.

•  If within the time limits prescribed in Clauses 1 and 2 of this Article, an organization or individual commits new acts of administrative violation in the maritime field or intentionally avert or hinder the sanction, the statute of limitations stated in Clauses 1 and 2 of this Article shall no longer apply.

Article 6: Sanctioning forms

•  For each act of administrative violation, a violating organization or individual shall be subject to one of the following main sanctioning forms:
•  Warning;
•  Pecuniary penalty.
•  Depending on the nature and seriousness of their violations, the administratively violating organizations and individuals shall also be imposed with such additional sanctioning forms as stripping off the right to use licenses, certificates, crew member's passports, and confiscation of material evidences and/or means used for the administrative violations.
•  In addition to the main and additional sanctioning forms prescribed in Clauses 1 and 2 of this Article, the administratively violating organizations and individuals may also be subject to one or several of the following measures:
•  Compelled restoration of the original state which has altered due to the administrative violations or compelled dismantlement of illegally constructed projects;
•  Compelled application of measures to overcome the environmental pollution caused by the administrative violations;
•  Compelled payment of compensations for damage of up to 1,000,000 dong caused by the administrative violations;
•  Compelled destruction of articles hazardous to human health and environment.
•  The main sanctioning forms, the additional sanctioning forms and the measures applicable to each administrative violation act in the maritime field are specified in Chapter II of this Decree.

Each main sanctioning form shall be independently imposed on each administrative violation.

•  Where the sanctioning form of pecuniary penalty is imposed on a violation act in the maritime field, the sanctioning level shall be based on the nature of or the damage caused by such violation act. If such violation involves extenuating circumstances, the pecuniary penalty level may be reduced but must not be lower than the minimum level of the fine bracket; if the violation involves aggravating circumstances, the fine level may be increased but must not exceed the maximum level of the fine bracket.
•  The application of administrative sanctioning forms and other administrative measures shall not relieve the individual liability of the concerned individuals or the liability of the concerned organizations to pay compensations for material damage caused by violation acts of such individuals or organizations.
•  An administratively sanctioned organization shall have to abide by the sanctioning decision, and at the same time verify the fault of its own personnel who has personally committed the administrative violation, so as to individualize the liability and compel the compensation for damage according to the provisions of law.

Chapter II

ADMINISTRATIVE VIOLATIONS IN THE MARITIME FIELD; SANCTIONING FORMS AND LEVELS

Section I: VIOLATIONS OF THE REGULATIONS ON SEAPORT EXPLOITATION ACTIVITIES

Article 7: Violations of the regulations on ensuring safety, order and hygiene in seaport exploitation activities

•  A warning or a fine of from 50,000 to 200,000 dong shall be imposed on one of the following violation acts:
•  Entering or leaving the port's land area or getting on board a ship without permit or not in compliance with instructions of competent persons;
•  Failing to apply measure to ensure the hygiene of the port's land area;
•  Failing to promptly report to the port authority on incidents and/or accidents related to the port's order and hygiene.
•  A fine of from 500,000 to 2,000,000 dong shall be imposed on one of the following violation acts:
•  Employing laborers without appropriate professional qualification certificates;
•  Violating the regulations on day-time marks, and night-time signaling and lighting lamps that delimit a wharf to ensure the safety of docking ships;
•  The system of anti-collision cushions and mooring flanges are insufficient or incapable of ensuring the safety of ships mooring at the wharf;
•  Laying objects on the wharf that hinder ships from docking at or leaving the wharf or other maritime activities at the port;
•  The ship-owners or their agents fail to produce the cargo packing lists and cargo loading-unloading schemes within the prescribed time limit to the port authority;
•  Failing to promptly report to the port authority on the incidents and/or accidents related to the safety of the seaport exploitation activities.
•  A fine of from 5,000,000 to 20,000,000 dong shall be imposed on each act of docking at a wharf or anchoring at a water zone not yet publicly declared for use as prescribed, or using or exploiting a port not in conformity with its functions already declared.
•  Application of other administrative measures:

Compelled application of measures to overcome consequences and payment of compensations for damage caused by violation acts prescribed in Clauses 1,2 and 3 of this Article.

Article 8: Violations of the regulations on cargo signs and marks, unloading and warehousing

•  A fine of from 500,000 to 1,000,000 dong shall be imposed on acts of violating regulations on inscribing signs and marks, or unloading and warehousing goods of various kinds not in compliance with regulations.
•  A fine of from 2,000,000 to 10,000,000 shall be imposed on violation acts prescribed in Clause 1 of this Article in cases of hazardous goods.
•  Application of other administrative measures:

Compelled application of measures to overcome consequences and payment of compensations for damage caused by violation acts prescribed in Clauses 1 and 2 of this Article.

Article 9: Violations of the regulations on fire and explosion prevention and combat at seaports

•  A warning or a fine of from 200,000 to 1,000,000 dong shall be imposed on one of the following violation acts:
•  Failing to put up boards of internal rules, or signboards indicating or giving necessary cautions at fire or explosion-prone places;
•  Using fire fighting equipment and devices for other purposes;
•  Failing to adequately install a fire and explosion prevention and combat system as prescribed;
•  Failing to provide appropriate fire fighting equipment devices or make them ready for use or install them at he prescribed places, or failing to dispose auxiliary fire and explosion prevention and combat equipment compatible to goods being transported or unloaded;
•  Failing to promptly report to the concerned State management agencies on incidents or accidents related to the fire and explosion prevention activities;
•  Using employees who are not fully equipped with protection devices or without certificates of professional qualifications for fire and explosion prevention and combat as required.
•  A fine from 10,000 to 20,000 dong shall be imposed on each violation act prescribed in Clause 1 of this Article in cases where such violation involves many aggravating circumstances.
•  Other administrative violations in fire and explosion prevention shall be handled according to Article 15 of the Government's Decree No. 49/CP of August 15, 1996 on sanctions against administrative violations in the security and order field.
•  Additional sanctioning forms and other administrative measures:
•  Stripping off the right to use business licenses for up to 3 months, for violation acts prescribed in Clause 1 of this Article;
•  Compelling the application of measures to overcome consequences and the payment of compensations for damage caused by violation acts prescribed in Clause 1 of this Article.

Article 10: Violations of the regulations on ensuring the maritime safety in the construction, renovation or upgrading of seaports

•  A fine of from 500,000 to 2,000,000 dong shall be imposed on one of the following violation acts:
•  Failing to install signals or giving false signals at the area where a wharf is being under construction;
•  Failing to provide appropriate fire fighting system and life rescue equipment;
•  Failing to install night-time lighting lamps or installing lamps which are unsafe or incapable of producing enough light at the construction site.
•  A fine of from over 2,000,000 to 10,000,000 dong shall be imposed on each violation act prescribed in Clause 1 of this Article in cases where such violation involves many aggravating circumstances.
•  A fine of from over 2,000,000 to 5,000,000 dong shall be imposed on one of the following violation acts:
•  Ships servicing construction projects or services ships which dock or anchor, thus obstructing the port entrance or exit fairways;
•  Dumping or dropping construction equipment and materials into the port waters.
•  A fine of from over 5,000,000 dong to 20,000 shall be imposed on each violation act prescribed in Clause 3 of this Article in cases where such violation involves many aggravating such violation involves many aggravating circumstances.
•  A fine of from 10,000,000 to 20,000,000 dong shall be imposed on one of the following violation acts:
•  Constructing a project without the competent agency's permit;
•  Carrying out construction activities not at the prescribed places, thus affecting the safety in ship navigation fairways.
•  A fine of from over 20,000,000 to 100,000,000 dong shall be imposed on each violation act prescribed in Clause 5 of this Article in cases where such violation involves many aggravating circumstances.
•  Additional sanctioning form and other administrative measures:
•  Shipping off the right to use the license for port construction or exploitation for up to 3 months;
•  Compelling the application of measures to overcome consequences and payment of compensations for damage caused by violation acts prescribed in Clauses 1,3 and 5 of this Article.

Article 11: Violations of the regulations on environmental protection in port exploitation activities

•  A warning or a fine of from 100,000 to 500,000 dong shall be imposed on act of discharging or spilling waste water onto the wharf area or port water, thus affecting the hygiene therein.
•  A fine of from over 500,000 to 2,000,000 dong shall be imposed on each violation act prescribed in Clause 1 of this Article in cases where such violation involves many aggravating circumstances.
•  A fine of from over 2,000,000 to 10,000,000 dong shall be imposed on each act of pumping or discharging engine oil or lubricant or garbage, waster water, dirty sludge and other waster matters contaminated with engine oil and other hazardous chemicals into the port water.
•  A fine of from over 10,000,000 to 50,000,000 dong shall be imposed on each violation act prescribed in Clause 3 of this Article in cases where such violation involves many aggravating circumstances.
•  Application of other administrative measures:

Compelled application of measures to overcome consequences and compensation for damage caused by violation acts prescribed in Clause 3 of this Article.

Section II: VIOLATIONS OF THE REGULATIONS ON MARITIME ACTIVITIES OF VESSELS WITHIN SEAPORTS AND MARITIME ZONES

Article 12: Violations of the regulations on the procedures applying for port calls

•  A fine of 5,000,000 dong to 10,000,000 dong shall be imposed on one of the following violation acts:
•  Vessels calling at ports without asking for permits as prescribed;
•  Vessels calling at ports without observing the regime of making declarations or making false declarations of vessels' arrival at pilot-embarking and/or disembarking places as prescribed.
•  A fine of form over 10,000,000 to 50,000,000 dong shall be imposed on each violation act prescribed in Clause 1 of this Article in cases where such violation involves many aggravating circumstances.

Article 13: Violations of the regulations on the procedures for port entrance and exit

•  A warning or a fine of from 100,000 to 500,000 dong shall be imposed on act of inadequately or wrongly inscribing one of the ship's technical specifications in its entrance or exit declaration.
•  A fine of from 1,000,000 to 5,000,000 dong shall be imposed on each violation act prescribed in Clause 1 of this Article in cases where such violation involves many aggravating circumstances.
•  A fine of from 500,000 to 1,000,000 dong shall be imposed on act of failing to produce all required papers or filling the procedures for port entrance or exit with one of the produced papers having expired.
•  A fine of from 5,000,000 to 10,000,000 dong shall be imposed on each violation act prescribed in Clause 3 of this Article involves many aggravating circumstances.
•  A fine of from over 10,000,000 to 50,000,000 dong shall be imposed on one of the following violation acts:
•  Failing to obtain the permit for final;
•  Vessels deliberately leaving the port without permit.
•  A fine of from 10,000,000 to 20,000,000 dong shall be imposed on one of the following violation acts:
•  Failing to inform or informing not in compliance with the regulations to the port authority substantial characteristics of hazardous goods being transported;
•  Oil tankers have no marks or certificates of shipowners' civil liability insurance as required.
•  A fine of from over 20,000,000 to 50,000,000 dong shall be imposed on each violation act prescribed in Clause 6 of this Article in cases where such violation involves many aggravating circumstances.
•  A fine from 10,000 to 30,000,000 dong shall be imposed on acts of letting crew members or passengers to embark or disembark the ships before the entry and exit procedures are completed.
•  Additional sanctioning forms:

Stripping off the right to use the sea shipping business licenses or maritime operation licenses of the ships or the shipmasters' licenses for 3 to 6 months, for violation acts prescribed in Clause 6 of this Article.

Article 14: Violations of the regulations on the safety, order and hygiene of vessels

•  A warning or a fine of from 50,000 to 100,000 dong shall be imposed on an officer or a crew member who fails to wear uniform or service badges as required, while on duty.
•  A warning or a fine of from over 100,000 to 500,000 dong shall be imposed on one of the following violation acts:
•  Failing to fly the national flag of Vietnam as prescribed;
•  Arbitrarily putting up anniversary flags or flags at half mast without the port authority's permit;
•  Arbitrarily blowing whistled without the port authority's permit while anchoring or calling at the port.
•  A fine of from over 500,000 to 2,000,000 dong shall be imposed on one of the following violation acts:
•  Scraping funnels or emitting black smoke while anchoring or calling at the port waters;
•  Laying facilities, equipment and appurtenance of the ship or the crew member on the wharf outside the prescribed places;
•  Scraping rust and painting ships without the port authority's consent;
•  Repairing or testing engines or whistles without the port authority's consent;
•  Swimming or causing tumult in the port;
•  Using VHF channels in contravention of the regulations;
•  Collecting wastes and oil sludge not in compliance with regulations on environmental hygiene and protection, or without the State management agency's permit;
•  Smoking rats or spreading disinfectants not at prescribed places.
•  A fine of from over 2,000,000 to 5,000,000 dong shall be imposed on one of the following violation acts:
•  Setting hecks, fish traps or laying aquatic resources exploiting means in the port waters without the port authority's permit or setting them not at places or at the time prescribed in fishing licenses;
•  Setting hecks, fish traps or laying aquatic resources exploiting means in zigzag or brush-toothed disposition on navigation lanes and fairways, or using mobile fish traps brushwoods and hecks, trawl nets, drag nets or other means to tap aquatic and marine resources, thus hindering the movement of vessels;
•  Carrying out other activities such as: underwater groping, diving or other underwater activities in the port waters without the port authority's permits or carrying out such activities without giving warning signals as prescribed;
•  Staging sport competitions or entertainments in the port waters without the port authority's permit;
•  Sport or tourist vessels operate in the port waters without the port authority's permit;
•  Ships used exclusively for surveying and dredging navigation fairways and placing signal buoys, and other project facilities and other project facilities and equipment operate in the port waters without enough warning signals as prescribed.
•  Ships used exclusively for surveying and dredging navigation fairways and placing signal buoys, and other project facilities and equipment operate in the port waters without enough warning signals as prescribed;
•  Non-self-propelled means draw up alongside other vessels or dock at a wharf for unloading cargo without adequate and appropriate towing facilities, or delay implementing movement orders issued by the port authority;
•  Refusing to use or improperly using signals as prescribed;
•  Failing to strictly observe the rules for collision avoidance on the sea.
•  A fine of from over 5,000,000 to 20,000,000 dong shall be imposed on each violation act prescribed in Clause 1 and Points f and g, Clause 4 of this Article in cases where such a violation involves many aggravating circumstances.
•  Other administrative violations regarding border medical quarantine shall be handled according to Article 7 of the Government's Decree No. 46/CP of August 6, 1996 stipulating the sanctions against administrative violations in the field of State management over medical activities.
•  The additional sanctioning forms and other administrative measures:
•  Confiscation of material evidences and means used to commit administrative violations for acts prescribed at Points a, b and c, Clause 4 of this Article;
•  Compelled restoration of the original state, for acts prescribed at Points a and b, Clause 4 of this Article.

Article 15: Violations of the regulations on safety of fire and explosion prevention and combat applicable to vessels

•  A fine of from 100,000 to 500,000 dong shall be imposed on each act of smoking at no-smoking places.
•  A fine of from 2000,000 to 5,000,000 dong shall be imposed on one of the following violation acts:
•  Equipping fire extinguishers not ready for use;
•  Failing to install warning signals or necessary instructions at fire or explosion-prone places;
•  Having no diagram of fire fighting system, and boards of fire-fighting duty assignment and instructions on operation aboard;
•  A fine of from over 5,000,000 to 10,000,000 shall be imposed on one of the following violation acts:
•  Failing to sufficiently provide fire-fighting equipment and devices as prescribed by Vietnamese laws and relevant international agreements which Vietnam has signed or acceded to;
•  Using fire-fighting equipment and devices which have been out of order;
•  Placing fire-fighting equipment and devices not at prescribed places on ships and boats;
•  Crew members on board fail to expertly handle the fire-preventing and fighting equipment and devices;
•  Failing to execute or delaying the execution of the port authority's orders to take part in fighting fire on ships in distress in the port, port waters or maritime zone;
•  Arbitrarily conducting activities that send out sparks on the deck, cargo hold or engine room, when such activities are not yet inspected and permitted by the port authority;
•  Using the fire-fighting devices for other purposes;
•  Failing to strictly observe the procedures for preserving and maintaining fire-fighting devices;
•  Having no plans for rescue or salvage in emergency cases.
•  A fine of from 20,000,000 to 50,000,000 dong shall be imposed on each violation act prescribed in Clauses 1, 2 and 3 of this Article in cases where such violation involves many aggravating circumstances.
•  Application of other administrative measures:

Compelled application of measures to overcome consequences and payment of compensations for damage caused by violations prescribed in Clauses 1,2 and 3 of this Article.

Article 16: Violations of the regulations on prevention of environmental pollution caused by vessels

•  A fine of from 200,000 to 1,000,000 dong shall be imposed on one of the following violation acts:
•  Having no diary recording the pumping of bilge water from the engine room;
•  Throwing or discharging garbage or other objects from ships into water or wharf.
•  A fine of from 2,000,000 to 5,000,000 dong shall be imposed on one of the following violation acts:
•  Failing to equip adequate oil-and bilge water-filtering equipment as prescribed by Vietnamese laws and relevant international agreements which Vietnam has signed or acceded to;
•  The oil-filtering equipment have been out of order;
•  Using technically unsafe pipes, hoses and pipe fitting for receiving fuels;
•  Failing to assign personnel on duty at the fuel receiving place aboard the ship;
•  Failing to keep the oil dairy or keeping it not in compliance with regulations.
•  A fine of from 2,000,000 to 10,000,000 dong shall be imposed on act of failing to devise oil spill-handling plans as required.
•  A fine of from 5,000,000 to 20,000,000 shall be imposed on each act of arbitrarily pumping or discharging garbage or dirty sludge or waster water contaminated with oil and other hazardous chemicals from a ship into the port water or wharf.
•  A fine of from 50,000,000 to 100,000,000 dong shall be imposed on each violation act prescribed in Clause 4 of this Article in cases where such violation involves many aggravating circumstances.
•  Application of other administrative measures:

Compelled application of measures to overcome consequences and payment of compensations for damage caused by violations prescribed at Point b, Clause 1 and clause 4 of this Article.

Article 17: Violations of the regulations on human life and ship safety protection

•  A warning or a fine of from 100,000 to 500,000 dong shall be imposed on one of the following violation acts:
•  Failing to put up boards stipulating the life rescue and shipwreck salvage duties at the prescribed places or such boards have already been damaged;
•  Failing to put up boards of instructions on operating the life rescue and shipwreck salvage equipment and devices or such boards have already been damaged;
•  Failing to put up boards of assignment of life rescue and shipwreck salvage duties at the prescribed places aboard the ship;
•  Employing crew members who fail to expertly handle the life rescue and shipwreck salvage equipment and devices;
•  Carrying passengers in excess of the prescribed number; in this case the fine shall be calculated on each excess passenger;
•  Failing to equip vessels with sufficient life rescue and shipwreck salvage equipment and devices as prescribed:
•  The life rescue and shipwreck salvage equipment and devices are neither up to the prescribed quality nor ready for immediate use.
•  A fine of from 1,000,000 to 5,000,000 dong shall be imposed on one of the following violation acts:
•  Having no ship log-book or using it not according to the regulations;
•  Employing crew members who do not possess enough professional diplomas and certificates as prescribed;
•  Failing to sufficiently employ the minimum safe staff or employ a staff in excess of the prescribed number;
•  Assigning personnel to posts not in consistency with the names of persons already registered in the "crew member register";
•  Having no or unclearly inscribing or putting at wrong place aboard the vessel's name and registration number as prescribed.
•  A fine of from over 5,000,000 to 10,000,000 dong shall be imposed on one of the following violation acts:
•  Having no life rescue and shipwreck salvage equipment and devices;
•  The life rescue and shipwreck salvage equipment and devices are on the expiry date;
•  Carrying cargo in excess of the prescribed tonnage.
•  A fine of from 20,000,000 to 50,000,000 shall be imposed on each violation act prescribed in Clauses 1,2 and 3 of this Article in cases where such violation involves many aggravating circumstances.
•  The additional sanctioning forms:

Stripping off the right to use the certificate of basic safety training, for 3 to 6 months or indefinitely, for violations prescribed at Point d, Clause 1 of this Article.

Stripping off the right to use the sea shipping business license or the maritime operation license of the ship or the shipmaster's license for 3 to 6 months or indefinitely, for violations prescribed at Point e, Clause 1 and Point c, Clause 3 of this Article.

Article 18: Violations of the regulations on anchoring, docking, lightering and towing of vessels in the port waters

•  A fine of 1,000,000 to 5,000,000 dong shall be imposed on one of the following violation acts:
•  Arbitrarily anchoring, docking, lightering, moving from place to place or conducting other activities in the port entrance and exit fairways without the port authority's operation orders;
•  Failing to abide by or wrongly executing or deliberately delaying the execution of the port authority's operation order;
•  Failing to effect the regime of watching VHF on channel 16 round the clock;
•  Using VHF without permits or using VHF channels for purposes other than registered ones;
•  Having no lighting lamps or using lamps incapable of producing enough lift for the ships' night-time cargo handling or anchoring;
•  Failing to use sufficient signal lamps for the ships' night-time anchoring, docking, lightering or towing in the port waters;
•  Having no or having insufficient anti-collision cushions as prescribed;
•  Failing to promptly report to the port authority on the maritime signals' importer operation or damage while traveling on navigation fairways;
•  Failing to observe the rules for preventing collisions while traveling in the port waters;
•  Failing to report to the port authority on the ship's itinerary in the port waters;
•  Failing to adequately maintain the duty regime on board while the ship calls at the port or the port waters;
•  Failing to execute or delaying the execution of the port authority's order for storm and flood prevention and combat;
•  Arbitrarily mooring the ship to sea markers on navigation fairways;
•  Refusing to use tug boats as prescribed.
•  A fine of from 5,000,000 to 20,000,000 dong shall be imposed on each of violation acts prescribed in Clause 1 of this Article in cases where such violation involves many aggravating circumstances.
•  Additional sanctioning forms:

Stripping off the right to use the shipmaster's licenses for 3 to 6 months or indefinitely, for violations prescribed in Clause 1 of this Article.

Article 19: Violations of the regulations on registration of sea-going ships and crew members

•  A warning or a fine of from 500,000 to 1,000,000 dong shall be imposed on one of the following violation acts:
•  Failing to register a ship within the prescribed time limit;
•  Damaging or losing the sea-going ship registration certificate;
•  Losing or damaging the crew member's passport or the crew member's maritime professional certificates:
•  Losing or damaging the crew member's register book.
•  A fine of from 2,000,000 to 5,000,000 dong shall be imposed on each violation act prescribed in Clause 1 of this Article in cases where such violation involves many aggravating circumstances.
•  A fine of from 2,000,000 to 5,000,000 dong shall be imposed on one of the following violation acts:
•  Falsely declaring the ship's technical specifications and ownership state upon making the registration;
•  Erasing, crossing out, falsifying, trading, hiring out or lending the sea-going ship registration certificate, crew member's passport, licenses and maritime professional certificate, or committing fraudulent acts in the ship or crew member registration or the examination for and granting of professional certificate(s);
•  A fine of from over 5,000,000 to 10,000,000 dong shall be imposed on one of the following violation acts:
•  Operating a ship when the sea-going ship registration certificate is yet granted;
•  Failing to make the registration of the shipowner change strictly according to the provisions of law after the ship's purchase sale or ownership transfer.
•  A fine of from over 10,000,000 to 20,000,000 dong shall be imposed on each violation act prescribed in Clause 3 and 4 of this Article in cases where such violation involves many aggravating circumstances.
•  Additional sanctioning forms:

Stripping off the right to use the sea-going ship registration certificate, crew member passport or other professional licenses or certificates for 3 to 6 months or indefinitely, for violations prescribed at Point b, Clause 3 of this Article.

Article 20: Violations of the regulations on maritime pilotage

•  A warning or a fine of from 100,000 to 500,000 dong shall be imposed on each act of failing to put up signal banner with letter "G", when asking for a pilot, or signal banner with letter "H" when the pilot is on board the ship.
•  A fine of from over 500,000 to 2,000,000 dong shall be imposed on one of the following violation acts:
•  Deliberately using a pilot to conduct the ship when not yet so permitted by the port authority;
•  The pilot, upon detecting an accident, incident or changes of navigation fairways or maritime signals, fails to promptly report it (them) to the port authority;
•  Employing a pilot to conduct the ship in the pilotage operation zone not in accordance with the regulations.
•  Employing a pilot to conduct the ship in the pilotage operation zone not in accordance with the regulations.
•  A fine of from 5,000,000 to 10,000,000 dong shall be imposed on each violation act prescribed in Clause 2 of this Article in cases where such violation involves many aggravating circumstances.
•  A fine of from 1,000,000 to 5,000,000 dong shall be imposed on one of the following violation acts:
•  Navigating vessels into or out of ports without any pilot as prescribed;
•  Failing to devise measures to ensure safety or failing to place appropriate ladders for the pilot to safety climbing up and down as prescribed;
•  Failing to inform or inaccurately inform the pilot of the ship's specifications and particular characteristics;
•  Failing to ensure the working and living conditions for the pilot during his/her stay on board.
•  A fine of from over 5,000,000 to 10,000,000 shall be imposed on each violation act prescribed in Clause 4 of this Article in cases where such violation involves many aggravating circumstances.
•  Additional sanctioning forms:

Stripping off the right to use the pilot operation license for 3 to 6 months, for violations prescribed in Clause 2 of this Article.