DECREE No.40-CP OF JULY 5,1996 OF THE GOVERNMENT ON ENSURING NAVIGATION ORDERS AND SAFETY ON INLAND WATERWAYS

CHAPTER VII : SANCTIONS AGAINST ADMINISTRATIVE VIOLATIONS OF NAVIGATION ORDER AND SAFETY ON INLAND WATERWAYS

Article 82- General principles:

•  An individual or organization that commits an administrative violation of navigation order and safety on inland waterways shall be sanctioned in the forms and at the levels stipulated in this Decree.

•  The sanctioning of the administrative violations of navigation order and safety on inland waterways shall conform with the principles stipulated in the Ordinance on the Handling of Administrative Violations.

•  Application of other forms of sanctions and measures:

•  When the sanction is in the form of fine, the concrete amount of fine against an administrative violation is the average level of the fine frame set for these violations; if the violation has attenuating factors, the fine may be lower but not below the minimum set in the fine frame. If the violation has aggravating factors, the fine may be higher but shall not exceed the maximum set in the fine frame.

The attenuating or aggravating factors shall be considered in accordance with the stipulations in Article 7 and Article 8 of the Ordinance on the Handling of Administrative Violations;

•  The other forms of supplementary sanctions and measures shall apply together with the administrative sanctions if so prescribed in this Decree, aimed at fully handling the violations, eliminating the causes and conditions for further violations and overcoming all consequences of the administrative violations.

•  Sanctions against violations by persons competent to order sanctions against administrative violations.

Any person competent to order sanctions against administrative violations who hassles others, condones or covers up a violation, fails to sanction or sanction not in time, not correspondingly with the violation or beyond his vested powers shall, depending on the character and extent of the violation, be disciplined or examined for penal liability. If the violation causes material damage, he/she shall have to pay compensation as prescribed by law.

Article 83- Sanctions against violations during a navigation accident on an inland waterway.

•  To be served a warning or fined 50,000 to 200,000 VND for failure to inform the nearest local People's Committee when the accident occurs.

•  A fine of 100,000 to 200,000 VND on the person(s) directly related to the accident who is not present at the time prescribed by the authorities in order to make a field report.

•  A fine of 200,000 to 500,000 VND for one of the following violations:

•  Removing evidences at the place of the accident;

•  The captain of another means or any other person present at the place of the accident who shirks the obligation to rescue when he/she has the conditions to do so.

•  A fine of 1,000,000 to 2,000,000 VND on the captain of the means victim of the accident who shirks the obligation to rescue when he/she has the conditions to do so.

•  Form of supplementary sanctions and other measures:

Stripping the crew members of their right to use their professional permits or certificates for 3 to 6 months in case of a violation stipulated in Item 2, Point a of Item 3, and Item 4 of this Article.

Article 84- Sanctions against acts of encroachment upon and inland water transport establishment:

•  A fine of 50,000 to 200,000 VND for one of the following violations:

•  Dumping garbage or rice straw into an inland waterway;

•  Erecting tents or inns along an inland waterway;

•  A fine of 500,000 to 2,000,000 VND for an act of dumping mud, earth, stone, sand, pebble or other waste materials into an inland waterway.

•  A fine of 1,000,000 to 3,000,000 VND for an act of colliding with or bumping against and damaging a navigation facility while driving a means.

•  A fine of 10,000,000 to 20,000,000 VND for an act of dumping mud, earth and sand at variance with the permit to dig scoop and dredge a waterway.

•  Forms of supplementary sanction and other measures:

•  Forcible dismantlement of the tents and inns if it is a violation defined in Point b, item 1;

•  Forcible clearance of the garbage, mud, earth, sand, pebble and other waste materials if it is a violation defined in Point a, item 1, and Items 2 and 4;

•  Forcible restoration of the original state of the construction which has been altered by the administrative violation if it is a violation defined in Item 3.

Article 85- Sanctions against administrative violations concerning the building of constructions on inland waterways

•  A fine of 3,000,000 to 5,000,000 VND for one of the following acts while building a construction on inland waterway:

•  Failing to execute correctly the stipulations in the permit;

•  Failing to dispose of all obstacles after the completion of the construction.

•  A fine of 4,000,000 to 10,000,000 VND for an act of building a construction without permit.

•  Forms of supplementary sanction and other measures:

•  Forcible compliance with the stipulations in the permit if it is a violation defined in Point a, Item 1;

•  Forcible removal of all obstacles within the time-limit prescribed by the unit managing the inland waterway if it is a violation defined in Point b, item 1;

•  Forcible dismantlement of the construction if it is a violation defined in Item 2.

Article 86- Sanctions against violations concerning the management of inland waterways

A fine of 2,000,000 to 5,000,000 VND for an act of failing to take timely measures of remedy when detecting damage to the inland waterway.

Article 87- Sanctions against violations concerning the salvage and refloating, and removal of obstacles on inland waterways:

•  A fine of 500,000 to 2,000,000 VND for an act of violating the time-limit for salvaging a sunk means or another obstacles as prescribed.

•  A fine of 2,000,000 to 5,000,000 VND for an act of failing to removing all the obstacles.

•  A fine of 10,000,000 to 20,000,000 VND for an act of shirking the obligation of salvaging.

•  Forms of supplementary sanctions and other measures:

Forcing the offender to salvage or to bear all the cost of salvage if it is a violation defined in Item 2 and Item 3.

Article 88- Sanctions against the act of fishing and raising aquatic products in violation of the provisions on navigation order and safety on inland waterways.

•  A fine of 100,000 to 200,000 VND for an act of fishing and raising aquatic products within the area of protection on an inland waterway by failing to strictly conform with the stipulations in the permit.

•  A fine of 100,000 to 300,000 VND for an act of mobile fishing thus causing obstruction to inland water navigation.

•  A fine of 200,000 to 500,000 VND for failing to removing all obstacles after completing the use of a means to fish or raise aquatic products within the protection area of an inland navigation project.

•  A fine of 300,000 to 1,000,000 VND for an act of failing to remove, narrow or dismantle the means of fishing and raising aquatic products as notified by the agency managing the inland waterway.

•  A fine of 500,000 to 1,500,000 VND for a act of fishing or raising aquatic products within the protection area of the inland waterway without permit.

•  Forms of supplementary sanction and other measures:

•  Forcible removal of all obstacles if it is a violation stipulated in Item 3 of this Article;

•  Forcible adherence to the contents and time limit prescribed by the agency managing the inland waterway if it is a violation defined in Item 4 of this Article.

Article 89- Sanctions against violations concerning the signals on inland waterways:

•  To be served a warning or fined 20,000 to 50,000 VND if it is a failure to install a signal at the landing stage.

•  A fine of 100,000 to 300,000 VND for hiding a sign.

•  A fine of 300,000 to 1,000,000 VND for one of the following acts:

•  Failure to send out in time a signal when a means or other objects are sunk thus causing obstruction on an inland waterway;

•  Failure to keep a signal permanent.

•  A fine of 500,000 to 2,000,000 VND for an act of removing or deliberately neutralizing a signal device.

•  A fine of 1,000,000 to 3,000,000 VND for an act of failing to install or installing the signal device at the prescribed place.

•  Forms of supplementary sanction and other measures:

•  Forcible removal of the object hiding the signal if it is a violation defined in Item 2 of this Article;

•  Forcible immediate installment of the signal device if it is a violation defined in Item 3 and Item 5 of this Article.

•  Forcible restoration of the signal device to its original state if it is a violation defined in Item 4 of this Article.

Article 90- Sanctions against violations concerning inland water transport navigation order and safety:

•  To be served a warning of fined 5,000 to 20,000 VND for the failure to compile a safety rule on a passenger boat.

•  A fine of 20,000 to 50,000 VND for failure to produce the list of passengers traveling on a passenger boat when leaving port.

•  A fine of 50,000 to 100,000 VND for one of the following violations:

•  Lightering the means to a traveling passenger boat for delivering or receiving passengers (lightering boat);

•  Transporting small animals not as prescribed.

•  A fine of 50,000 to 200,000 VND for one of the following violations:

•  Clinging or tying to another traveling means;

•  Allowing another means to cling to or tie to one's own means while traveling;

•  A passenger boat which has not safety rule or which lets passengers sit on the top of the boat or on either side of the boat;

•  Loading oversized goods;

•  Working on the means after drinking alcoholic beverages, liquor, beer or other stimulants exceeding the prescribed level;

•  Employing crewmen to work in a physical state that cannot assure accomplishment of the assigned tasks.

•  A fine of 100,000 to 300,000 VND for one of the following acts:

•  A passenger ship employing a lightering boat;

•  Failure of a passenger boat to produce the list of passengers on departure;

•  Receiving or delivering passengers not at the prescribed landing stage;

•  Using the means at the variance with its prescribed use or with the line or lane or operating area written in the permit;

•  A fine of 200,000 to 500,000 VND for an act of transporting buffaloes, oxen, horses or other large animals together with passengers.

•  A fine of 200,000 to 1,000,000 VND for an act of transporting noxious goods, inflammable and explosive substances together with passengers.

•  A fine of 2,000,000 to 5,000,000 VND for one of the following acts:

•  Transporting noxious goods and explosives without permit;

•  Failure to strictly observe the regulations on the prevention and fight against fires, explosion and toxicity;

•  Using a faked number plate while driving the means but the offense is not serious enough to warrant examination for penal liability.

•  Forms of supplementary sanction and other measures:

Stripping the captain of the right to use his professional license or certificate for 3 months to 6 months if it is a violation defined in Item 8 of this Article.

Article 91- Sanctions against the violations concerning designing, building, transformation, repair and technical inspection of inland water transport means.

A fine of 1,000,000 VND to 5,000,000 VND for one of the following acts:

•  Building a new inland water transport means without asking for permission;

•  To design, build, transform or repair a means without an operating permit;

•  Failure to correctly abide by the regulations on technical control and supervision when building, transforming or repairing a means.

Article 92- Sanctions against the acts of using and driving means without all the prescribed papers:

•  A fine of 20,000 to 50,000 VND for an act of driving a boat without permit for boat driving of failing to paint the registration number of the means as prescribed.

•  A fine of 100,000 to 200,000 VND for failing to paint the name and the registration number of the means as prescribed.

•  A fine of 100,000 to 300,000 VND for an act of using a means without all the prescribed papers.

•  A fine of 300,000 to 1,000,000 VND for driving a means without the appropriate driving license or professional certificate as prescribed.

Article 93- Sanctions against acts of failing to ensure the prescribed quantity and quality of safety equipment of the means:

•  A fine of 10,000 to 50,000 VND for failing to ensure the quantity and quality of the safety equipment prescribed for rudimentary means.

•  A fine of 30,000 to 100,000 VND for failing to ensure the quantity and quality of the safety equipment prescribed for a passenger transport means of less than 13 seats or other motorized means with a capacity of less than 5 tons.

•  A fine of 300,000 to 500,000 VND for failing to ensure the quantity and quality of the safety equipment prescribed for a motorized passenger transport means of more than 13 seats or motorized freight transport means of more than 5 tons in capacity.

Article 94- Sanctions against acts of transporting goods and passengers in excess of the allowed freight:

•  Fines against acts of transporting goods less than 5% in excess of the capacity of the means or convoy of means, corresponding to the following categories of means:

•  A fine of 10,000 to 50,000 VND for a means or convoy of means of less than 50 tons in capacity.

•  A fine of 50,000 to 150,000 VND for a means or convoy of means of 50 to less than 250 tons in capacity;

•  A fine of 150,000 VND to 500,000 VND for a means or convoy of means of 250 to 800 tons in capacity;

•  A fine of 500,000 to 1,000,000 VND for a means or convoy of means of more than 800 tons in capacity;

•  Fine against acts of transporting goods from 5% to 10% in excess of the capacity of the means of convoy, corresponding with the following categories of means:

•  A fine of 20,000 to 100,000 VND for a means or convoy of less than 50 tons in capacity;

•  A fine of 100,000 to 300,000 VND for a means or convoy of means of 50 to less than 250 tons in capacity;

•  A fine of 300,000 to 1,000,000 VND for a means or convoy of means of 250 to 800 tons in capacity;

•  A fine of 1,000 to 2,000,000 VND for a means or convoy of means of more than 800 tons in capacity;

•  Fines against acts of transporting goods more than 10% in excess of the capacity of the means or convoy, corresponding with the following categories of means:

•  A fine of 40,000 to 200,000 VND for a means or convoy of less than 50 tons in capacity;

•  A fine of 200,000 to 600,000 VND for a means or convoy of 50 to less than 250 tons in capacity;

•  A fine of 600,000 to 2,000,000 VND for a means or convoy of 250 to 800 tons in capacity;

•  A fine of 2,000,000 to 4,000,000 VND for a means or convoy of more than 800 tons in capacity;

•  A fine of 20,000 VND on each passenger in excess of the prescribed quantity for an act of overloading if it is a passenger transport means within a province.

•  A fine of 40,000 VND for any passenger in excess of the prescribed quantity in case of overloading by an inter-provincial passenger transport means.

Article 95- Sanctions against acts of using household means in violation of navigation order and safety on inland waterways:

•  A fine of 10,000 to 20,000 VND for failing to light the signal lamp at night while traveling.

•  A fine of 50,000 to 100,000 VND for an act of transporting without permit goods for business purpose.

•  A fine of 100,000 to 200,000 VND for an act of transporting passengers without permit for a business purpose.

Article 96- Sanctions against acts of using rafts in violation of inland navigation order and safety:

•  A fine of 50,000 to 200,000 VND for failing to light signal lamp at night as prescribed.

•  A fine of 200,000 to 500,000 VND for an act of moving anchoring and mooring not as prescribed.

Article 97- Sanctions against violations of the regulations on order and safety at inland water port and landing stages:

•  A fine of 30,000 to 50,000 VND for one of the following violations:

•  Mooring the means not at the prescribed place, or failing to secure it firmly with ropes;

•  Moving the means not on the operating order of the competent person at the port or landing stage.

•  A fine of 30,000 to 50,000 VND for opening a landing stage for boats without permit.

•  A fine of 200,000 to 500,000 VND for one of the following violations:

•  Opening a loading and unloading stage without permit

•  A loading and unloading port or landing stage or a passenger port lacks one of the following equipments:

-Anti-collisions cushion for the lightering means;

-Mooring post or mooring buoy for steadying the means;

-Embarking and disembarking ramp for passengers;

-Insufficient lighting at night for the ramp or landing stage.

4. A fine of 300,000 to 1,000,000 VND for a port or landing stage which commits one of the following violations:

•  Loading goods or receiving passengers onto technically unsafe means;

•  Overloading (exceeding the loading mark) of the means or receiving passengers onto the means in excess of the prescribed number;

•  Having no safety regulations;

•  Lack of equipment for preventing and combating fire and explosion as prescribed;

•  Using loading and unloading equipment not technically safe.

•  Lack of signs to determine the scope of the water area of the port or landing stage.

Article 98- Sanctions against violations of inland water navigation rules

•  A fine of 20,000 to 100,000 VND for the driver of a means who commits one of the following acts:

•  Violating the traveling rules on a narrow lane;

•  Violating the rules for crossing and overtaking;

•  Anchoring or mooring the means not as prescribed;

•  Violating the prescriptions on signals;

•  Groundlessly directing headlights on a traveling means;

•  Violating the regulations on movement in the areas of navigation control, through culverts, water-locks, pontoon bridges and fixed bridges;

•  Refusing to allow another means to overtake even when such overtaking is possible;

•  Failure to reduce speed as prescribed;

•  Failure to keep the prescribed distance either crosswise or lengthwise from another means;

•  Failure to use the prescribed sound signals in the area when visibility is restricted;

•  Misusing the priority right and causing obstruction to the means which have to give way.

Article 99- Determination of competence in handling administrative violations of inland water navigation and transport order and safety:

•  The People's Committee of various levels shall base themselves on the competence prescribed in Articles 26, 27 and 28 of the Ordinance on Handling Administrative Violations stipulated in this Decree under the jurisdiction of the locality.

•  The People's Police shall base itself on the competence stipulated in Article 29 of the Ordinance on Handling Administrative Violations to sanction the violations stipulated in this Decree, except those stipulated in Article 91 of this Decree.

•  The specialized inspector of the inland water transport service shall base himself on the competence stipulated in Article 34 of the Ordinance on Handling Administrative Violations to handle violations of the regulations on the protection of inland water transport projects; violations concerning the registration and issue of permits to the means, licenses and professional certificates to the crew when the means is operating in the areas of the inland ports or landing stages; violations concerning the designing, building, transformation, repair and technical control of the means.

•  In case the violation comes under the administrative sanction competence of many agencies, the right to hand sanctions shall belong to the agency which is the first to receive the dossier.

Article 100- Sanctioning competence of the People's Committee of various levels:

•  The President of the People's Committee of the commune, ward or township has the right:

•  To serve a warning;

•  To fine up to 200,000 VND;

•  To confiscate evidences and means used for the administrative violation valued up to 500,000 VND;

•  To force the offender to make compensation for damage up to 500,000 VND;

•  To force the offender to restore the original state that has been altered by the violation;

•  To suspend the activities which cause pollution to the living environment or the spread of epidemics or which disturb public order and quietness.

•  The President of the People's Committee of the district, town or city under the provinces has the right:

•  To serve a warning;

•  To fine up to 10,000,000 VND;

•  To confiscate the material evidences and means used in the administrative violation;

•  To strip the offender of the right to use the permit according to his competence; in case the permit is issued by a higher State agency, the president of the People's Committee of district level shall issue the decision to stop the violation and propose the competent State agency to revoke the permit;

•  To force the offender to restore the original state which has been altered by the administrative violation or to dismantle the construction which has been illegally set up;

•  To force the offender to pay compensation up to 1,000,000 VND for the damage caused by the administrative violation.

•  To force the offender to take measures to overcome the pollution of the living environment or the spread of epidemics caused by the administrative violation.

•  The President of the People's Committee of the province of city directly under the central Government has the right:

•  To serve a warning;

•  To fine up to 100,000,000 VND;

•  To strip the offender of the right to use the permit according to his competence; in case the permit is issued by a higher State agency, the President of the provincial People's Committee shall issue a decision to stop the violation and propose the competent State agency to revoke the permit;

•  To apply the forms of supplementary sanction and other measures stipulated in Points c, e, f, g of Item 2 of this Article.

Article 101- Sanctioning competence of the People's Police:

•  A member of the People's Police on duty has the right:

•  To serve a warning;

•  To fine up to 100,000 VND

•  The head of a traffic police team or station has the right:

•  To serve a warning;

•  To fine up to 200,000 VND;

•  To force the offender to pay compensation up to 500,000 VND for the damage caused by the administrative violation.

•  The head of the ward police is entitled to use the forms of sanction against administrative violations and other measures stipulated in Points a, b, c, d, f, of Item 1, Article 100 of this Decree.

•  The head of the district police has the right:

•  To serve a warning;

•  To fine up to 2,000,000 VND;

•  To apply the forms of supplementary sanction and other measures stipulated in Points c, d, e, f, g of Item 2, Article 100 of this Decree.

•  The head of the traffic and order police, the head of the fire prevention and combat police, the head of the special police unit at the central level, the head of the mobile police unit from company level upward operating independently, the head of the border police checkpoint, the head of a border police station has the right:

•  To serve a warning;

•  To fine up to 2,000,000 VND;

•  To apply the forms of supplementary sanction and other measures stipulated in Points c, d, e, f, g, Item 2, Article 100 of this Decree.

•  The Head of the Traffic Order Police Department and the Head of the Police Department for Fire Prevention and Combat have the right:

•  To serve a warning;

•  To fine up to 20,000,000 VND;

•  To apply the forms of supplementary sanction and other measures stipulated in Points c, d, e, f, g, Item 2, Article 100 of this Decree.

•  The Director of the provincial police has the right:

•  To serve a warning;

•  To fine up to 20,000,000 VND;

•  To apply the forms of supplementary sanction and other measures stipulated in Points c, d, e, f, g, Item 2, Article 100 of this Decree.

Article 102- Sanctioning competence of the specialized Inspector of the inland water transport service.

•  The specialized Inspector of the inland water transport service on duty has the right:

•  To serve a warnings;

•  To fine up to 200,000 VND;

•  To confiscate material evidences and means used in the administrative violation valued up to 500,000 VND;

•  To force the offender to restore the original state which has been altered by the administrative violation or to dismantle the illegal construction;

•  To force the offender to take measures to ensure navigation safety.

•  The head of the agency entrusted with specialized inspection of inland water transport at the provincial at level has the right:

•  To serve a warning;

•  To fine up to 10,000,000 VND;

•  To apply forms of supplementary sanction and other measures stipulated in Points c, d, e, f, g Item 2, Article 100 of this Decree.

•  The Head of the agency exercising the function of specialized inspection of inland waterways of ministerial level has the right:

•  To serve a warning;

•  To fine up to 20,000,000 VND;

•  To apply the forms of supplementary sanction and other measures stipulated in Points c, d, e, f, g, Item 2, Article 100 of this Decree.

Article 103- Procedure of sanctioning administrative violations:

The procedure of sanctioning administrative violations shall have to comply with the stipulations in Chapter VI of the Ordinance on Handling Administrative Violations.

Article 104- Forcible execution of the decision on sanction against administrative violations.

•  An individual or organization subject to a sanction on administrative violation that does not willingly carry out the sanctioning decision shall be forced to do so through the following measures:

•  To have part of its salary or income or part of its bank account deducted;

•  To have part of its assets equivalent in value to the fine inventorized for auction;

•  To apply other forcible measures to enforce the sanctioning decision.

•  The person competent to hand sanctions has the right to issue a decision on forcible enforce the sanctioning decision.

•  The People's Police has the responsibility of carrying out the decision on forcible enforcement of the decision of the People's Committee of the same level and coordinate with the other State agencies to organize the carrying out of the decisions on forcible enforcement of these agencies when requested.

•  An individual or organization subject to forcible enforcement of a decision to sanction an administrative violation has to bear all the costs for the organization of the carrying out of the forcible measures.

Article 105- Complaints and denunciations:

•  An individual or organization subject to sanction for administrative violation or its legal representative has the right to complain against the decision to sanction an administrative violation, the decision to apply preventive measures and ensure the execution of the sanctioning decision as stipulated in Article 87 and Article 88 of the Ordinance on Handling Administrative Violations.

•  All citizens have the right to denounce the administrative violations by any individual or organization and the unlawful acts of the persons having competence to hand sanctions against administrative violations to the competent State agencies.

The settlement of denunciations of the unlawful acts of the persons having competence to hand sanctions on administrative violations shall comply with Article 90 of the Ordinance on Handling Administrative Violations.

CHAPTER VIII: IMPLEMENTATION PROVISIONS

Article 106- This Decree takes effect on the 1 st on September 1996.

The earlier regulations which are contrary to this Decree are now annulled.

Article 107- The Ministers, the Heads of the ministerial-level agencies, the Head of the agencies attached to the Government shall, within the ambit of their functions and tasks, have to guide and organize the implementation of this Decree. The Presidents of the People's Committees of the provinces and cities directly under the Central Government shall base themselves on the characteristics or their localities and their competence to formulate the regulations and concrete plans for the implementation of this Decree.

Article 108- The Ministers, the Heads of the ministerial-level agencies, the Heads of the agencies attached to the Government, the Presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.

On behalf of the Government
The Prime Minister

VO VAN KIET

APPENDIX I: SIGNAL BANNERS

MEANINGS OF SET OF SIGNAL BANNERS

Banner with letter "A" : The ship is testing its engine or speed.

Banner with letter "B" : The ship carries explosives or inflammables.

Banner with letter "O" : Somebody has fallen into water, asks for emergency help

Banner with letter "K" : The control post enjoining the means for inspection.

Green banner : Asking traffic police onto the ship.

Banner with letters "Q/L" : Persons or animals onboard have caught infectious disease.

Banner with letter "N/C" : SOS.