GOVERNMENT                                   SOCIALIST REPUBLIC OF VIETNAM
                                                         Independence - Freedom - Happiness

No: 31/2010/ND-CP                                      Hanoi, March 29, 2010

 
Pursuant to the Law on Organization of the Government on December 25, 2001;
Pursuant to the Fisheries Law on November 26, 2003;
Pursuant to the  Ordinance on Handling Administrative Violations on July 02, 2002; the Ordinance No. 04/2008/UBTVQH 12 on April 02, 2008 amending and supplementing some articles of the Ordinance on Handling of Administrative Violations;
On the proposal of the Minister of Agriculture and Rural Development,

Article 1. Scope

1. This Decree stipulates the penalty of administrative violations in the fisheries field.
2. The behavior of administrative violation in the field of fisheries is the behavior of organizations and individuals that intentionally or unintentionally violate any provisions of state management in the fisheries field, but it is not criminal act, so in accordance with this Decree, it shall be penalized for administrative violations.

3. Administrative violations in the fisheries field include:

a) Violation of regulations on the protection of aquatic resources;
b) Violation of regulations on fishing and fishing vessel management;
c) Violation of regulations on aquaculture and the use of sea surface for aquaculture;
d) Violation of regulations on collecting, processing, preserving, transporting and trading in seafood;
e) Violation of regulations on the fisheries services;
f) Obstructing operations of state management of fisheries.

4. The penalty of the behavior of infringements of Vietnam’s sea areas for the purpose of conducting fishery activities is applied in accordance with the Decree of the Government on penalizing administrative violations in the sea areas and continental shelf of the Socialist Republic of Vietnam.

5. The penalty of acts violating regulations on the prevention of diseases in fisheries; aquatic quarantine; production, trading, import and export of aquatic veterinary medicines, pro-biotics, microorganisms and chemicals used in aquaculture operations; practice of aquatic veterinary services shall be applied with the Decree of the Government on penalizing administrative violations in the veterinary field.

6. The penalty imposed on violation of regulations on food hygiene and safety in the fisheries sector that is not yet stipulated in this Decree shall be implemented in accordance with the Decree of the Government on penalizing administrative violations in the veterinary field.

7. The penalty of administrative violations in the field of aquatic plant varieties shall be implemented in accordance with the Government's Decree on penalizing administrative violations in the field of plant varieties.

8. The penalty of administrative violations of standards, technical regulations, quality of products and goods; labeling seafood that is not yet provided in this Decree shall be implemented in accordance with the Decree of Government on penalizing administrative violations in the field of standards, measurement and quality of goods.



9. The penalty of administrative violations of regulations on inland waterway, maritime navigation shall be implemented in accordance with the Government's Decree on penalizing administrative violations in the field of inland waterway and maritime navigation.

10. The penalty of administrative violations of regulations on environmental protection in the fishery field is yet to be stipulated in this Decree shall be implemented in accordance with the Decree of the Government on penalizing administrative violations in the field of environmental protection.

Article 2. Application objects

1. This Decree is applied to organizations and individuals at home and organizations and individuals abroad that commit administrative violations in the fisheries field in Vietnam and they will be penalized under the provisions of this Decree, unless international treaty to which Vietnam is a member provides otherwise, it is to implement in accordance with that international treaty.

2. Minors who commit acts of administrative violations in the fisheries field shall be penalized in accordance with Article 7 of the 2002 Ordinance on Handling of Administrative Violations.

Article 3. Principles for handling administrative violations

Principles for handling administrative violations in the fisheries field are applied in accordance with Article 3 of the Ordinance on Handling Administrative Violations 2002 and Article 3 of the Decree 128/2008/ND-CP on December 16, 2008 of the Government detailing the implementation of some articles of the 2002 Ordinance on Handling of Administrative Violations and the 2008 Ordinance amending and supplementing some articles of the Ordinance on Handling administrative violations.

Article 4. Details of mitigation and aggravation

The extenuating and aggravating details applied in penalizing administrative violations for acts of infringing the provisions of Chapter II of this Decree shall be applied according to the provisions of Articles 8 and 9 of the 2002 Ordinance on Handling of Administrative Violations and Article 6 of the Decree 28/2008/ND-CP on December 16, 2008 of the Government stipulating
in detail the implementation of some articles of the 2002 Ordinance on Handling of Administrative Violations and the Ordinance on amending and supplementing some articles of the 2008 Ordinance on Handling of violations.

Article 5. Prescription of penalty

1. The prescription of handling administrative violations in the fisheries field is one year from the date on which the administrative violations are committed. For administrative violations in the fisheries field relating to environmental protection of aquatic life, import and export of fishery goods, the prescription penalty shall be two years from the date of the administrative violations. If the aforesaid prescription is past when the administrative violation is detected, the penalty is not carried out, but consequence-remedying measures are still taken as provided in this Decree.

2. Calculation of the prescription of penalty in handling administrative violations shall be implemented in accordance with the provisions of Article 9 of Decree 128/2008/ND-CP on December 16, 2008 of the Government detailing the implementation of some articles of the 2002 Administrative Violations and the 2008 Ordinance on amending and supplementing some articles of the 2008 Ordinance on Handling of Administrative Violations.

Article 6. The time limit considered as yet to be penalized for administrative violations

As far as organizations and individuals penalized for administrative violations in the fisheries field are concerned, if after one year from the date of completely serving the penalty or the date when the prescription of carrying out the penalty expired without recidivism, shall be considered as being yet to be penalized for administrative violations.
 
Article 7. Other forms of penalizing administrative violations and consequence-remedying measures

1. For each administrative violation in the fisheries field, organizations and individuals that break the rule shall be liable to bear one of the following penalties:

a) Warning;
b) Fine.

2. Apart from the main penalties, depending on the nature and seriousness of violations, organizations and individuals committing administrative violations in the fisheries field shall be also applied one of the penalties of administrative violations as follows:

a) Deprivation of the right to use licenses, practice certificates definitely or indefinitely;

b) Confiscation of material evidences and means used for administrative violations.

3. Apart from the main penalties and additional penalties as provided for in Clauses 1 and 2 of this Article, organizations and individuals committing administrative violations shall also be applied with one or more consequence-remedying measures as follows:

a) Forced restoration of the initial state that has been altered by acts of administrative violations or forced dismantlement of works that have been illegally constructed;
b) Forced observance of measures to redress the pollution of habitats of aquatic species caused by administrative violations;
c) Forced taking out of Vietnam or forced re-export of  aquatic products and fishing vessels;
d) Forced destruction of aquatic products exploited by toxic chemicals, cultivated plants containing toxic elements; aquatic products failing to meet standards of hygiene and food safety; aquatic resources causing harm to human health, genetically modified species not allowed for import; aquatic feed containing banned ingredients, failing to meet quality standards, expired, banned from use or not in the list permitted for circulation in Vietnam; fishing gears and equipment banned from use; forged, erased or modified papers; aquatic species not on the list of aquatic breeds permitted for production and business; chemicals and preservatives banned from preserving aquatic products; aquatic products without certificates of origin as required; fishing gears and equipment failing to meet quality standards as stipulated by law; fishing gears and equipment failing to meet quality standards of goods as stipulated by law; expired life-saving equipment for fishery activities;
e) Forced recovery of aquatic products or commodity failing to meet publicized quality standards;
f) Other consequence-remedying measures are provided in detail in Chapter II of this Decree.

Violating individuals and organizations shall be liable to bear all expenses as stipulated by law for the application of the above-mentioned measures.


Violation of regulations on protection of aquatic resources

Article 8. Violation of regulations on protection of habitats of aquatic species
1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for one of the following acts:
a) Dismantling or building floating works or underwater works in water areas, thus altering the habitats, growth and reproductive sites of aquatic species without permits of authorized  agencies or in contravention of the provisions in the permits;
b) Exploiting or destroying reefs, coral reefs, underwater flora fields, mangrove forests, and other biotopes, except for acts of anchoring or mooring fishing vessels in force majeure cases;
c) Illegally storing, transporting or trading in corals;
d) Illegally destroying or obstructing natural movement routes of aquatic species.
2. Additional penalizing forms:
a) Confiscation of material evidences and means (except fishing vessels and maritime safety equipment) employed in violations, for acts stipulated in Clause 1 of this Article;
b) Deprivation of the right to use license for aquatic exploitation for 6 months for acts stipulated in Clause 1 of this Article.
3. Consequence-remedying measures:
Forced restoration of the original state for acts stipulated at Point a, Clause 1 of this Article.

Article 9. Violation of regulations on protection of aquatic species
1. The penalty levels for acts of exploiting aquatic resources if the weight of caught
aquatic species of sizes smaller than the sizes permitted for mixed exploitation shall be as
follows:
a) A fine of between VND 1,000,000 and VND 1,500,000 if the weight exceeds the permitted level of mixed exploitation less than 100 kg;
b) A fine of between VND 1,500,000 and VND 3,000,000 if the weight exceeds the permitted level of mixed exploitation from 100 kg to less then 500 kg;
c) A fine of between VND 3,000,000 and VND 5,000,000 if the weight exceeds the permitted level of mixed exploitation from 500 kg to less than 1,000 kg;
d) A fine of between VND 5,000,000 and VND 10,000,000 if the weight exceeds the permitted level of mixed exploitation over 1,000 kg.

2. The fine levels for acts of exploiting aquatic resources in prohibited areas or periods shall be as follows:
a) A fine of between VND 500,000 and VND 1,000,000 if the weight of aquatic resources is less than 10 kg;
b) A fine of between VND 1,000,000 and VND 3,000,000 if the weight of aquatic resources is from 10 kg to less than 100 kg, or if the weight of aquatic resources is less than 10 kg, but the violation is committed from the second time on;
c) A fine of between VND 3,000,000 and VND 5,000,000 if the weight of aquatic resources is from 100 kg to less than 500 kg;
d) A fine of between VND 5,000,000 and VND 10,000,000 if the weight of aquatic resources is from 500 kg to less than 1,000 kg;
e) A fine of between VND 10,000,000 and VND 15,000,000 if the weight of aquatic resources is more than 1,000 kg.

3. The fine levels for acts of exploiting aquatic species on the list of those banned from exploitation shall be as follows:
a) A fine of between VND 1,000,000 and VND 3,000,000 if the weight of aquatic resources is less than 20 kg;
b) A fine of between VND 5,000,000 and VND 10,000,000 if the weight of aquatic resources is from 20 kg to less than 50 kg;
c) A fine of between VND 10,000,000 and VND 15,000,000 if the weight of aquatic resources is from 50 kg to less than 100 kg;
d) A fine of between VND 15,000,000 and VND 20,000,000 if the weight of aquatic resources is from 100 kg to less than 300 kg;
e) A fine of between VND 20,000,000 and VND 30,000,000 if the weight of aquatic resources is from 300 kg to less than 500 kg;
f) A fine of between VND 30,000,000 and VND 40,000,000 if the weight of aquatic exceeds 500 kg.

4. Additional penalizing forms:
a) Confiscation of illegally exploited aquatic resources for acts stipulated in Clauses 1, 2 and 3 of this Article;
b) Confiscation of material evidences and means (except fishing vessels and maritime safety equipment) and deprivation of the right to use fishing license for 6 months, for acts stipulated in Clauses 2 and 3 of this Article.

5. Consequence-remedying measures:
Forced release of live aquatic resources back into their habitats, for acts stipulated in Clauses 1, 2 and 3 of this Article.

Article 10. Violation of regulations on management of exotic aquatic species

1. A fine of between VND 10,000,000 and VND 20,000,000 for acts of releasing harmful exotic aquatic species into natural water areas.
2. A fine of between VND 20,000,000 and VND 30,000,000 for acts of releasing harmful exotic aquatic species into natural water areas belonging to marine conservation zones or inland water conservation zones.
3. Additional penalizing forms and consequence-remedying measures:
Confiscation of material evidences and forced observance of provisions of law on management of exotic aquatic species, for acts stipulated in Clauses 1 and 2 of this Article.

Article 11. Violation of regulations on management of rare endangered aquatic species that need protection, conservation and development under the provisions of CITES Convention and species listed as protected ones in the Red Book

1. A fine of between VND 20,000,000 and VND 25,000,000 for one of acts of exploiting, trading, collecting and processing endangered species in the nature.

2. Additional penalizing forms:
a) Confiscation of the illegally exploited aquatic resources for acts stipulated in Clause 1 of this Article;
b) Confiscation of material evidences and means of violation (except fishing vessels, marine safety equipment) and deprivation of fishing permit for 6 months for acts stipulated in Clause 1 of this Article;
c) Confiscation of material evidences, fishing vessels and deprivation of fishing permit or business license in case of repeated act of violation stipulated in Clause 1 of this Article.

3. Consequence-remedying measures:
Forced release of live aquatic resources back to their habitats for acts stipulated in Clause 1 of this Article.


Violation of regulations on exploitation of aquatic resources and management of fishing vessels

Article 12. Violation of regulations on exploitation of aquatic resources

1. A fine of between VND 300,000 and VND 500,000 shall be imposed for one of the following acts:
a) Fishing vessels having no fishing diaries, failing to make entries into such diaries or failing to make report on fishing in accordance with regulations of the Ministry of Agriculture and Rural Development;
b) Failing to mark fishing gears used in fishing grounds with noticeable signs in accordance with the regulations of the Ministry of Agriculture and Rural Development.

2. A fine of between VND 500,000 and VND 1,000,000 shall be imposed for one of the following acts:
a) Fishing with searchlights of total output exceeding the prescribed level or failing to comply with the regulations of the Ministry of Agriculture and Rural Development on the distance between sea searchlights and other fishing gears;
b) Fishing with nets having mesh sizes smaller than the sizes stipulated by the Ministry of Agriculture and Rural Development;
c) Jettisoning fishing gears in natural water areas, except in force majeure cases;
d) Using electric shock device for exploiting aquatic resources in natural water areas.

3. Penalty levels for using expired fishing permits shall be as follows:
a) A warning for using permits which have expired for less than 30 days;
b) A fine of between VND 500,000 and 1,000,000 VND for cases of using fishing permit which has expired for 30 days or more by non-motorized fishing vessels with design of waterline length less than 15 m, or motorized ones with main engine capacity less than 20 horse powers;
c) A fine of between VND 1,000,000 and VND 2,000,000 for cases of using fishing permit which has expired for 30 days or more by non-motorized fishing vessels with design of waterline length from 15 m upwards, or motorized fishing vessels with total capacity from 20 horse powers to less than 90 horse powers;
d) A fine of between VND 2,000,000 and VND 4,000,000 for cases of using fishing permit which has expired for 30 days or more by motorized fishing vessels with main engine capacity  from 90 horse powers to less than 250 horse powers;
e) A fine of between VND 2,000,000 and VND 4,000,000 for cases of using fishing permit which has expired for 30 days or more by motorized fishing vessels with main engine capacity from 250 horse powers upwards.

4. The fine levels for acts of operating in contravention of the contents of fishing permits on exploitation trades, exploitation areas and exploitation routes shall be as follows:

a) A fine of between VND 300,000 and VND 500,000 for cases of employing non-motorized vessels with design of waterline length less than 15 m, or motorized ones with main engine capacity less than 20 horse powers;
b) A fine of between VND 500,000 and VND 1,500,000 shall be imposed for cases of employing non-motorized fishing vessels with design of waterline length from 15 m upwards, or motorized fishing vessels with main engine capacity from 30 horse powers to less than 90 horse powers;
c) A fine of between VND 1,500,000 and VND 3,000,000 shall be imposed for cases of employing motorized fishing vessels with main engine capacity from 90 horse powers to less than 200 horse powers;
d) A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for cases of employing motorized fishing vessels with main engine capacity from 200 horse powers upwards;
e) For fishing vessels employing drift gillnet operating in contravention of exploitation areas or routes provided for in the fishing permits, a fine doubling the maximum level in the penalty frame shall be imposed as stipulated at Points a, b, c, and d, Clause 4 of this Article.

5. A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for one of the following acts:
a) Using toxic chemicals or poisonous plants or storing them aboard fishing vessels for fishing;
b) Using fishing tools on the list of those banned by the Ministry of Agriculture and Rural Development or provincial-level People’s Committees, except for cases where they are permitted by fisheries management agencies to be used for harvesting one's own reared aquatic resources.

6. The fine levels for acts of storing electric shock-producing equipment or using electric shocks or electricity directly generated from generators aboard fishing vessels for fishing shall be as follows:

a) A fine of between VND 2,000,000 and VND 4,000,000 shall be imposed for cases of employing motorized fishing vessels with total main engine capacity less than 20 horse powers or non-motorized fishing vessels with design of waterline length less than 15 m;
b) A fine of between VND 4,000,000 and VND 6,000,000 shall be imposed for cases of employing non-motorized fishing vessels with design waterline length from 15 m upwards, or motorized fishing vessels with total capacity from 20 horse powers to less than 90 horse powers;
c) A fine of between VND 6,000,000 and VND 12,000,000 shall be imposed for cases
of employing motorized fishing vessels with main engine capacity from 90 horse powers to less than 250 horse powers;
d) A fine of between VND 12,000,000 and VND 20,000,000 shall be imposed for cases
of employing motorized fishing vessels with main engine capacity of 250 horse powers and more.

7. The fine levels for acts of fishing by using explosives; storing explosives, detonators and fuses aboard fishing vessels shall be as follows:

a) A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for acts of storing explosives, detonators and fuses aboard fishing vessels;
b) A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for acts of fishing by using explosives.

8. The fine levels for exploitation acts of fishing vessels required to have fishing permits (vessels of 0.5 GT or more) but have no fishing permits, shall be as follows:

a) A fine of between VND 500,000 and VND 1,500,000 shall be imposed for cases of employing non-motorized with design of waterline length less than 15 m, or motorized fishing vessels with main engine capacity less than 20 horse powers;
b) A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for cases of employing non-motorized fishing vessels with design of waterline length from 15 m upwards, or motorized fishing vessels with main engine capacity from 20 horse powers to less than 90 horse powers;
c) A fine of between VND 5,000,000 and VND 8,000,000 shall be imposed for cases of employing motorized fishing vessels with main engine capacity from 90 horse powers to less than 250 horse powers;
d) A fine of between VND 8,000,000 and VND 10,000,000 shall be imposed for cases of employing motorized fishing vessels with main engine capacity from 250 horse powers upwards.

9. The fine levels for acts of using forged, erased or modified fishing permits shall be as follows:

a) A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for cases of employing non-motorized with design of waterline length less than 15 m, or motorized fishing vessels with main engine capacity less than 20 horse powers;
b) A fine of between VND 3,000,000 and VND 6,000,000 shall be imposed for cases of employing non-motorized fishing vessels with design of waterline length from 15 m upwards, or motorized fishing vessels with total engine capacity from 20 horse powers to less than 90 horse powers;
c) A fine from VND 6,000,000 to VND 10,000,000 shall be imposed for cases of employing motorized fishing vessels with main engine capacity from 90 horse powers to less than 250 horse powers;
d) A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed for cases of employing motorized fishing vessels with main engine capacity from 250 horse powers upwards.

10. Additional penalty forms:

a) Confiscation of the lights corresponding to the exceeding output stipulated for acts at Point a, Clause 2 of this Article;
b) Confiscation of the sections of net having smaller mesh size stipulated for acts at Point b, Clause 2 of this Article;
c) Confiscation of fishing gears and tools banned from use stipulated at Points c and d, Clause 2; Point b, Clauses 5 and 6 of this Article;
Confiscation of fishing vessels in case of using poisons, explosives for fishing stipulated at Point a, Clause 5 and Point b, Clause 7 of this Article;
Confiscation of fishing vessels in case of repeated use of electric shocks or electricity directly generated from generators aboard fishing vessels for fishing stipulated at Point 6 of this Article;
d) Confiscation of forged, erased or modified licenses for acts stipulated in Clause 9 of this Article;
e) Confiscation of explosives, detonators, fuses stored aboard fishing vessels for acts stipulated in Clause 7 of this Article;
f) Confiscation of exploited aquatic resources for acts stipulated at Point d, Clauses 2 and 6, and Point b, Clause 7 of this Article;
g) Deprivation of the right to use fishing permit from 6 months to 12 months for acts stipulated at Point e, Clauses 4, 5, 6, 7 and 9 of this Article.

11. Consequence-remedying measures:

a) Forced destruction of exploited aquatic resources and toxic chemicals, plants containing toxic elements for acts stipulated in Clause 5 of this Article;
b) Forced destruction of fishing gears and tools banned from use stipulated at Point d, Clause 2; Point b, Clauses 5, 6, and 7 of this Article;
c) Forced destruction of forged, erased or modified permits for acts stipulated in Clause 9 of this Article.

Article 13. Violation of regulations on management of fishing vessels

1. A fine of between VND 200,000 VND and VND 500,000 shall be imposed for one of the following acts:
a) Fishermen on board fishing vessels have no crewman's books or people's identity cards in accordance with the regulations of law;
b) Failing to display the granted fishing vessels registration numbers on fishing vessels or displaying them at variance with regulations or having the displayed registration numbers dim;
e) Having no crewman's list for fishing vessels which are required to have such a list;
d) Failing to take originals or certified copies of technical safety certificates of fishing vessels, registration certificate of fishing vessels (or certification paper for registration of fishing vessels) when fishing vessels are operating.

2. A fine of between VND 200,000 and VND 500,000 shall be imposed for one of the following acts:
a) Using life-saving equipment that is not yet registered by authorized registration agencies;
b) Handling aquatic resources from fishing vessels in contravention of fishing ports or wharves in accordance with regulations of the provincial-level People's Committees.

3. A fine of between VND 700,000 and VND 100,000 shall be imposed for one of the following acts:
a) Failing to mark fishing vessels with identification signs suitable to sea lanes along which such vessels are permitted to operate in accordance with the regulations of law;
b) Steersmen, chief engineers of fishing vessels failing to possess adequate papers in accordance with the regulations of the Ministry of Agriculture and Rural Development;
c) Failing to equip or inadequately equipping safety equipment for men and means in accordance with the regulations of law;

4. The fine levels for employing fishing vessels with expired technical safety certificates:
a) A fine of VND 500,000 shall be imposed for cases of employing non-motorized fishing vessels with design of waterline length less than 15 m, or motorized fishing vessels with main engine capacity less than 20 horse powers.
b) A fine of between VND 500,000 and VND 1,000,000 shall be imposed for cases of employing non-motorized with design of waterline length from 15 m upwards, or motorized fishing vessels with main engine capacity from 20 horse powers to less than 90 horse powers;
c) A fine of between VND 3,000,000 and VND 6,000,000 shall be imposed for cases of employing motorized fishing vessels with main engine capacity from 90 horse powers to less than 250 horse powers;
d) A fine of between VND 6,000,000 and VND 10,000,000 shall be imposed for cases of employing motorized fishing vessels with main engine capacity from 250 horse powers upwards.

5. A fine of between VND 1,000,000 and VND 1,500,000 shall be imposed for one of the following acts:
a) Failing to make re-registration or re-registry for modified fishing vessels or fishing vessels with newly-installed engines which are subject to registry;
b) Owners of fishing vessels operating offshore failing to buy insurance for each crewman working on board;
c) Failing to make re-registration or re-registry fish rafts or aquaculture rafts in accordance with the regulations of the Ministry of Agriculture and Rural Development.

6. A fine of between VND 2,000,000 and VND 4,000,000 shall be imposed for one of the following acts:
a) Using fishing vessels without having registration or registry stipulated by law for fishing activities;
b) Steering fishing vessels or operating fishing vessels’ engines, using master's or chief engine operator's forged diplomas;
c) Using forged, erased or modified fishing vessels' registration or registry papers.

7. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed on owners of fishing vessels for building or transforming fishing vessels subject to registry, committing one of the following acts:
a) Having no permission of authorized agencies for building or transforming fishing vessels;
b) Having no appropriate design dossiers approved by authorized agencies, or building vessels in contravention of the approved design;
c) Failing to anchor fishing vessels at the stipulated places or comply with guidance to anchor fishing vessels given by authorized agencies in cases of sheltering from storms.

8. A fine of VND 40,000,000 shall be imposed for acts of importing fishing vessels without approval of authorized agencies.
9. Additional penalty forms:
Confiscation of forged, erased, modified papers for acts stipulated at Points b and c, Clause 6 of this Article.
10. Consequence-remedying measures:
a) Forced destruction of forged, erased or modified papers for acts stipulated at Points a and b, Clause 7 of this Article;
b) Forced re-export of fishing vessels in cases they have been imported into Vietnam without meeting regulations on maritime technical safety in accordance with Vietnamese law, for acts stipulated in Clause 8 of this Article.


Violation of regulations on aquaculture

Article 14. Violation of regulations on aquatic varieties
1) A fine of between VND 300,000 and VND 5,000,000 shall be imposed on varieties -producing or varieties-trading establishments for one of the following acts:
a) Failing to meet production and trading conditions for aquatic varieties in accordance with the regulations of law;
b) Using expired feeds in aquatic varieties production and trading;
2. A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for acts of using feed in aquatic varieties production or trading, which are not included on the list of those permitted for production and trading in Vietnam.
3. A fine of between VND 7,000,000 and VND 10,000,000 shall be imposed for acts of using feed which contain chemicals, anti-biotic on the list of those banned from use or circulation in Vietnam in aquatic varieties production or trading in accordance with the regulations of the Ministry of Agriculture and Rural Development, or with unknown origins.
4. A fine of between VND 15,000,000 and VND 25,000,000 shall be imposed for acts
of setting up production establishments of aquatic breeds at variance with planning or without approval of authorized agencies.
5. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for acts
of producing, trading in, or transporting aquatic varieties or releasing into the natural
environment aquatic species not on the list of those permitted for production or trading.
6. Additional penalty forms:
Confiscation of aquatic resources for acts stipulated in Clause 5 of this Article.
7. Consequence-remedying measures:
a) Forced destruction of feed used in aquatic varieties production or trading which have been expired for use or are on the ban list, for acts stipulated at Point b, Clauses 1 and 3 of this Article;
b) Forced observance of the relevant provisions of law on assays of new species; forced release of rare and precious aquatic varieties that need to be conserved back to their habitats, forced destruction of harmful exotic organisms, for acts stipulated in Clause 5 of this Article;
c) Forced dismantlement of varieties production establishments for acts of establishing aquatic breed production establishments at variance with planning stipulated in Clause 4 of this Article; forced compliance with the regulations of law on granting permits for aquatic varieties production establishments, for acts of building breed production establishments without approval of authorized agencies stipulated in Clause 4 of this Article.

Article 15. Violation of regulations on aquaculture
1. A fine of between VND 1,000,000 and VND 3,000,000 to aquaculture establishments committing one of the following acts:
a) Failing to ensure conditions for aquaculture in accordance with the regulations of law;
b) Using feed containing substances on the list of those restricted from use, at variance with the regulations of the Ministry of Agriculture and Rural Development;
c) Using feeds which have expired;
d) Failing to comply with the regulations of the Ministry of Agriculture and Rural Development on control of residues of harmful substances in reared aquatic animals and the products thereof.

2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
a) Using aquatic feed which are not on the list of those permitted for circulation in Vietnam or contain substances on the lists of those banned from use in accordance with the regulations of the Ministry of Agriculture and Rural Development;
b) Rearing aquatic varieties  or species which are still in period of assay at variance with the regulations of the Ministry of Agriculture and Rural Development.

3. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for one of the following acts:
a) The construction sites of aquaculture establishments failing to be in line with planning or not yet permitted by authorized agencies, except for small-sized establishments in accordance with the regulations of the Ministry of Agriculture and Rural Development;
b) Rearing aquatic varieties or species which are on the list of aquatic species banned from rearing or are not on the list of those permitted for production or trading in Vietnam in accordance with the regulations of the Ministry Agriculture and Rural Development.
4. Additional penalizing forms:

Confiscation of material evidences for acts stipulated at Point c, Clause 1; Point a, Clause 2; Point b, Clause 3 of this Article.

5. Consequence-remedying measures:
a) Forced destruction of aquatic feeds, which have expired or on the list of those banned from use or are not on the list of those permitted for circulation in Vietnam, for acts stipulated at Points b and c of Clause 1; Point a, Clause 2 of this Article;
b) Forced dismantlement of aquaculture establishments for acts of setting them up at variance with planning stipulated at Point a, Clause 3 of this Article; forced compliance with the regulations of law on granting permits for aquaculture establishments, for acts of setting up aquaculture establishments without approval of authorized agencies stipulated at Point a, Clause 3 of this Article.

Article 16. Violation of regulations on allocating sea water surfaces for aquaculture

1. A fine of between VND 500,000 and VND 1,000,000 shall be imposed for acts of using sea water surface exceeding the water surface allocated for aquaculture.
 
2. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for one of the following acts:
a) Using sea water surface for aquaculture without certificates of right to it for aquaculture or not permitted by authorized agencies;
b) Failing to implement or inadequately implementing environmental protection plans as committed;
c) Changing the aim of use of sea water surface assigned for aquaculture without permit of authorized agencies.

3. Consequence-remedying measures:
a) Forced compliance with the regulations of law for acts stipulated in Clauses 1 and 2 of this Article;
b) Forced displacement of location of cages, crafts for aquaculture, and means for defining boundaries (if any) to return the sea water surface in excess for acts stipulated in Clause 1 of this Article;
c) Forced dismantlement of cages and rafts for aquaculture, and means for defining boundaries (if any) for acts stipulated at Point a, Clause 2 of this Article.

Article 17. Violation of regulations on lease of sea water surface for aquaculture

1. A fine of between VND2,000,000 and 3,000,000 VND shall be imposed for one of the following acts:
a) Failing to adequately implement environmental protection plans in accordance with the regulations of law;
b) Using sea water surface exceeding the leased surface for aquaculture.

2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
a) Using sea water surface for aquaculture without the certificate of right to use it, or not permitted by authorized agencies;
b) Failing to implement or inadequately implementing environmental protection plans as committed;
c) Changing the aim of use of leased sea water surface for aquaculture without permit of authorized agencies.

3. Consequence-remedying measures:

a) Forced compliance with the regulations of law for acts stipulated at Point a, Clauses 1 and 2 of this Article;
b) Forced displacement of cages and rafts for aquaculture, means for defining boundaries (if any) to return the sea areas in excess, for acts stipulated at Point b, Clause 1 of this Article;
c) Forced dismantlement of cages and rafts for aquaculture, means for defining boundaries (if any) for acts stipulated at Point c, Clause 2 of this Article.

VIOLATION OF REGULATIONS ON PROCESSING, TRADING, COLLECTION, PRESERVATION AND TRANSPORTATION OF AQUATIC REESOURCES

Article 18. Violating the regulations on food hygiene and safety by fishing and fish-processing vessels

1. Fine levels imposed for acts of failing to ensure the provisions of law on guarantee of food hygiene and safety conditions on board fishing and fish-processing vessels are as follows:
a) A fine of between VND 500,000 and VND 1,000,000 for fishing vessels with capacity from 50 horse powers to less than 90 horse powers;
b) A fine of between VND 1,000,000 and VND 2,000,000 for fishing vessels with capacity from 90 horse powers upwards;
c) A fine of between VND 2,000,000 and VND 4,000,000 for fish-processing vessels.

2. A fine of between VND 2,000,000 and VND 4,000,000 for acts of fishing or fish-processing vessels for not having certificates of guarantee of food hygiene and safety conditions.

3. Fine levels imposed for acts of using certificates which have expired by fishing or fish-processing vessels shall be as follows:
a) A warning in case certificates of guarantee of food hygiene and safety conditions of fishing or fish-processing vessels have expired, but not more than 30 days;


b) A fine of between VND 1,000,000 and VND 3,000,000 in case certificates of guarantee of food hygiene and safety conditions of fishing or fish-processing vessels have expired for 30 days or more.

4. A fine of between VND 7,000,000 and VND 10,000,000 for acts of using aboard fishing or fish-processing vessels chemicals, preservatives banned from preservation of aquatic products.

5. Additional penalizing forms and consequence-remedying measures:

a) Deprivation of right to use certificates of guarantee of food hygiene and safety conditions of fishing or fish-processing vessels from 3 months to 6 months for acts stipulated in Clause 1 of this Article;
b) Forced confiscation, destruction of aquatic resources, chemicals, additives for acts stipulated in Clause 4 of this Article.

Article 19. Violation of regulations on collecting, processing, storing, transporting and trading in aquatic resources

1. Fine levels for establishments failing to guarantee the conditions for food hygiene and safety in accordance with the regulations of law shall be as follows:
a) A fine of between VND 1,000,000 and VND 2,000,000 for fishery products without certificates of origin;
b) A fine of between VND 4,000,000 and VND 6,000,000 for not having certificates of guarantee of food hygiene and safety conditions;

2. Fine levels imposed for acts of using certificates of guarantee of food safety and hygiene conditions which have expired shall be as follows:

a) A warning in case certificates of guarantee of food safety and hygiene conditions have expired, but not exceeding 30 days;
b) A fine of between VND 2,000,000 and VND 4,000,000 in case certificates of guarantee of food safety and hygiene conditions have been expired for 30 days or more.

3. A fine of between VND 5,000,000 and VND7,000,000 shall be imposed for one of the following acts:
a) Collecting, processing, preserving, transporting and trading in aquatic species exploited during periods when they are banned from exploitation nationwide, or exploited by explosives, poisons or electric shocks;
b) Collecting, processing, preserving, transporting and trading in aquatic products originating from areas banned from harvest.

4. A fine of between VND 7,000,000 and VND 10,000,000 shall be imposed for the following acts:
a) Collecting, processing, preserving, transporting and trading in aquatic species on the list of those banned from exploitation in accordance with the regulations of the Ministry of Agriculture and Rural Development;
b) Collecting, processing, preserving and transporting imported aquatic raw materials without import papers as stipulated or genetically modified aquatic species at variance with the regulations of law.

5. Additional penalty forms:

a) Forced confiscation of aquatic resources and forced release of live aquatic species back to their habitats for acts stipulated in at Point a, Clause 3 (except for aquatic resources exploited with poisons) and Point a, Clause 4 of this Article;

b) Confiscation of imported aquatic materials and imported aquatic genetically modified species which are not allowed for acts stipulated at Point b, Clause 4 of this Article.

6. Consequence-remedying measures:
a) Forced destruction of aquatic resources for acts stipulated at Point a, Clause 3 in case the aquatic resources are exploited with poisons and other aquatic genetically-modified species are not allowed for import stipulated in Clause 4 of this Article;
b) Forced compliance with import procedures or re-export of the imported materials for acts stipulated at Point b, Clause 4 of this Article.

 Article 20. Violation of regulations on aquatic resource processing
1. A fine of between VND 8,000,000 and VND 5,000,000 shall be imposed on aquatic resource processing establishments violating one of the following acts:
a) Failing to have certificates of guarantee of food hygiene and safety conditions;
b) Using aquatic materials without certificates of origin as stipulated.

2. Fine levels imposed for using certificates of guarantee of food hygiene and safety conditions which have expired shall be as follows:
a) A warning in case of using certificates of guarantee of food hygiene and safety conditions which have expired, but not exceeds 30 days;
b) A fine of between VND 4,000,000 and VND 8,000,000 for using certificates of guarantee of food hygiene and safety conditions which have expired for 30 days or more.

3. A fine of between VND 10,000,000 and VND 15,000,000 shall be imposed on aquatic resource processing establishments for one of the following acts:
a) Processing aquatic species of domestic origin during periods banned from exploitation;
b) Using additives, chemicals banned from use, not allowed for circulation in Vietnam or improperly using them in accordance with the regulations of law.

4. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed on aquatic resource processing establishments in industrial mode for one of the following acts:
a) Having no qualified technicians or qualified technical personnel in accordance with the regulations of the Ministry of Agriculture and Rural Development;
b) Processing aquatic raw materials or aquatic semi-finished products which are not allowed for import.

5. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for acts of processing aquatic species on the list of those banned from exploitation.

6. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for one the following acts:
a) Building new aquatic resource processing establishments or expanding old aquatic resource processing establishments without permits of authorized agencies;
b) Processing of aquatic resources originating from areas banned from exploitation or during periods banned from harvest.

7. Additional penalty forms:
a) Confiscation of material evidences for acts stipulated at Point b, Clause 1; Point b, Clause 3 and Point b, Clause 4 of this Article;
b) Confiscation and forced release of aquatic resources (for live ones) to the natural environment, for acts stipulated at Point a, Clause 3 and Point b, Clause 6 of this Article;
c) Deprivation of the right to use business licenses from 6 months to 12 months for cases of recidivism or numerous repeated violations, for acts stipulated at Point a, Clauses 1 and 3; Point b, Clauses 4 and 5, and Point b, Clause 6 of this Article.
d) Confiscation of aquatic resources banned from exploitation for acts stipulated in Clause 5 of this Article.

8. Consequence-remedying measures:
a) Forced destruction of aquatic resources and products, for acts stipulated at Point b, Clause 1; Point b, Clause 3; and Point b, Clause 4 of this Article;
b) Forced re-export for acts stipulated at Point b, Clause 4 of this Article;
c) Forced dismantlement of aquatic resource processing establishments for acts stipulated at Point a, Clause 6 of this Article.


Article 21. Handling of violations for acts related to aquatic resources containing impurities

1. A fine of between VND 300,000 and VND 500,000 shall be imposed on persons for acts of putting impurities directly into aquatic resources.
2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed on owners of goods for acts of transporting or employing others to transport aquatic resources containing impurities, unless it is permitted by authorized agencies.
3. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for acts of collecting, preserving, processing and trading in aquatic resources containing impurities as a result of being injected.
4. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for acts of employing others to inject impurities into aquatic resources or organizing injection of impurities into aquatic resources.

5. Additional penalty forms:
a) Confiscation of aquatic resources for acts stipulated in Clause 2 of this Article;
b) Confiscation of aquatic resources as material evidences, and means and tools used to inject impurities into aquatic resources for acts stipulated in Clauses 1, 3 and 4 of this Article;
c) Deprivation of the right to use certificates of guarantee of food hygiene and safety conditions of owners who collect, preserve and process aquatic resources from 6 months to 12 months in case their establishments repeat the violation or violate many times, for acts stipulated in Clauses 3 and 4 of this Article.

6. Consequence-remedying measures:
a) Removing impurities from aquatic resources containing impurities, which are not subject to destruction, in accordance with the regulations of the Ministry of Agriculture and Rural Development;
b) Forced destruction of aquatic resources containing impurities harmful to human health, or containing unknown impurities.

Article 22. Handling of violations for acts related to the aquatic resources containing natural toxins

1. A fine of between VND 1,000,000 and VND 3,000,000 shall be imposed for acts of intentionally exploiting aquatic species containing natural toxins harmful to human health which are banned from exploitation in accordance with the regulations of law.
2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed on owners of goods for acts of transporting or employing others to transport aquatic resources containing natural toxins harmful to human health, unless it is permitted by authorized agencies.
3. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for acts of collecting, preserving, processing and trading in aquatic resources containing natural toxins harmful to human health, unless it is permitted by authorized agencies.

4. Additional penalty forms:
a) Confiscation of aquatic resources for acts stipulated in Clauses 2 and 3 of this Article;
b) Confiscation of aquatic resources and material evidences used for exploiting aquatic resources containing natural toxins (except for fishing vessels and maritime safety equipment) for acts stipulated in Clause 1 of this Article;
c) Deprivation of the right to use certificates of guarantee of food hygiene and safety conditions of establishments collecting, preserving and processing aquatic resources from 6 months to 12 months in case of committing many violations or repeating violation, for acts stipulated in Clause 3 of this Article.

5. Consequence-remedying measures:
Forced destruction of aquatic resources containing natural toxins harmful to human health.



Article 23. Violation of regulations on production of aquaculture feed

1. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for one of the following acts:
a) Establishments producing aquaculture feed without having  professionally qualified technicians in accordance with the regulations of the Ministry of Agriculture and Rural Development;
b) Failing to ensure conditions for production and business required for establishments producing aquaculture feed.

2. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for one of the following acts:
a) Producing aquaculture feed banned from use, or not on the list of those permitted for production and trading in accordance with the regulations of the Ministry of Agriculture and Rural Development;
b) Producing aquaculture feed ingredients banned from use in accordance with the regulations of the Ministry of Agriculture and Rural Development;
c) Producing aquaculture feed with ingredients having quality below publicized quality standards.

3. Additional penalty forms:
a) Confiscation of aquaculture feed for acts stipulated at Points a and b, Clause 2 of this Article;
b) Deprivation of the right to use the business licenses from 6 months to 12 months in case of repeated acts of violation stipulated in Clause 2 of this Article.

4. Consequence-remedying measures:
a) Forced destruction of aquaculture feed for acts stipulated at Points a and b, Clause 2 of this Article;
b) Forced recovery for re-processing or changing the use of products for acts stipulated at Point c, Clause 2 of this Article.

Article 24. Violation of regulations on trading and import of aquaculture feed

1. A fine of between VND 15,000,000 and VND 20,000,000 shall be imposed for one the following acts:
a) Owners of goods transporting or employing others to transport aquaculture feed banned from use, or not on the list of those permitted for production and trading in accordance with the regulations of the Ministry of Agriculture and Rural Development;
b) Selling, storing and importing aquaculture feed of unknown origin;
c) Failing to meet the conditions for production and business required for establishments producing aquaculture feed.

2. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for one the following acts:
a) Selling, storing or importing aquaculture feed banned from use, or not on the list of those permitted for production and trading in accordance with regulations of the Ministry of Agriculture and Rural Development;
b) Selling, storing or importing aquaculture feed ingredients banned from use in accordance with regulations of the Ministry of Agriculture and Rural Development;
c) Trading, storing or importing expired aquaculture feed.
 
3. A fine of VND 40,000,000 shall be imposed for acts of trading in, importing aquaculture feed with quality below the publicized quality standards.

4. Additional penalty forms:
a) Confiscation of aquaculture feed for acts stipulated in Clauses 1 and 2 of this Article;
b) Deprivation of the right to use the business license for 6 months for case of repeated acts of violation stipulated in Clause 3 of this Article.

5. Consequence-remedying measures:
Forced destruction of aquaculture feed for acts stipulated in Clauses 1, 2 and 3 of this Article.

Article 25. Violation of regulations on production of and trading in life-saving equipment and devices for fishery activities

1. A fine of between VND 2,000,000 and VND 4,000,000 shall be imposed for acts of trading in life-saving equipment and devices which have not yet been registered.
2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for acts of trading in expired life-saving equipment and devices.
3. Additional penalizing forms and consequence-remedying measures:
a) Forced registration, for acts stipulated in Clause 1 of this Article;
b) Forced destruction of life-saving equipment for fishery activities for acts stipulated in Clause 2 of this Article.

Article 26. Violation of regulations on operation of fishing ports, wharves and anchorage for fishing vessels sheltering from storms
1. A fine of between VND 300,000 and VND 500,000 shall be imposed for acts of jettisoning or dumping rubbish or other objects from fishing vessels into water areas of anchorage or wharves.

2. A fine of between VND 2,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
a) Fishing ports failing to have life-saving or fire-extinguishing equipment and devices, certificates of guarantee of food hygiene and safety conditions granted by authorized agencies;
b) Fishing ports, wharves or storm-sheltering anchorage failing to observe or improperly observing the regulations of the Ministry of Agriculture and Rural Development or provincial-level People's Committees on management of fishing ports, wharves and storm-sheltering anchorage.

Article 27. Violation of regulations on business conditions on establishments building or transforming fishing vessels
1. A fine of between VND 2,000,000 and VND 4,000,000 shall be imposed on
establishments building or transforming fishing vessels for committing one of the following
acts:
a) The sites of establishments failing to comply with planning or not yet permitted by authorized agencies;
b) Workshops and equipment failing to meet technical requirements in accordance with the regulations of the Ministry of Agriculture and Rural Development;
c) Having no professionally qualified technicians or specialized engineers in accordance with the regulations of law on conditions for building or transforming fishing vessels;
d) Building or transforming fishing vessels whose owners have not yet obtained written permission of authorized agencies.

2. Additional penalty forms:
Deprivation of business licenses from 6 months to 12 months for acts stipulated at Point d, Clause 1 of this Article.

3. Consequence-remedying measures:
Forced dismantlement of establishments building or transforming fishing vessels for acts at variance with planning stipulated at Point a, Clause 1 of this Article; forced observance of the regulations of law for acts stipulated at Points b, c, and d, Clause 1 of this Article.

Article 28. Violation of regulations on conditions on production of and trading in fishing gears and equipment
1. A fine of between VND 500,000 and VND 1,500,000 shall be imposed on establishments for committing one of the following acts:
a) Their material and technical basis failing to ensure environmental protection standards in accordance with the regulations of law;
b) The production establishments having no professionally qualified technicians in accordance with the regulations of law.

2. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
a) Trading in fishing gears and equipment that need to be registered, but have not been yet registered;
b) Producing or trading in fishing gears and equipment that fail to meet the quality standards of produced or traded goods in accordance with the regulations of law.

3. Additional penalty forms:
Confiscation of goods for acts stipulated at Points a and b, Clause 2 of this Article.

4. Consequence-remedying measures:
Forced destruction of goods for acts stipulated at Point b, Clause 2 of this Article.

Obstruction of state management of fisheries

Article 29. Penalizing acts of obstructing state management of fisheries

1. A fine of between VND 500,000 and VND 1,000,000 shall be imposed for acts of obstructing investigation and exploration of aquatic resources; protection of aquatic resources; or collection of data for evaluation of the actual situation of fishery activities by authorized agencies.

2. A fine of between VND 1,000,000 and VND 2,000,000 shall be imposed for acts of obstructing inspection and supervision by state management agencies authorized in penalizing administrative violations in the fisheries field.

3. A fine of between VND 2,000,000 and VND 3,000,000 shall be imposed for acts of deliberately delaying or evading compliance with administrative decisions of authorized persons or agencies.

 

4. A fine of between VND 3,000,000 and VND 5,000,000 shall be imposed for one of the following acts:
a) Breaking without permission the seals of material evidences or means employed in violations, which are being sealed up, temporarily taken in custody or changing without permission the scenes of occurrence of administrative violations;
b) Dispersing, modifying or fraudulently swapping material evidences or means which are being inspected or temporarily taken in custody;
c) Insulting, humiliating or resisting those who are performing their inspection or supervision duties.

5. A fine of between VND 5,000,000 and VND 7,000,000 shall be imposed for one of the following acts:
a) Harboring or consuming material evidences or means of violation being inspected, supervised or temporarily taken in custody which are dispersed;
b) Assaulting those who are performing their inspection and supervision duties.

6. Consequence-remedying measures:
Recovery of dispersed material evidences and means, for acts stipulated at Point b, Clause 4 and Point a, Clause 5 of this Article.

Penalizing competence and procedures, execution of decisions on penalizing administrative violations in the fisheries field

Article 30. Principles for determining competence for penalizing administrative violations

The principles for determining competence to penalty administrative violations in the fisheries field are stipulated in Article 42 of the Ordinance on Handling of Administrative Violations.

Article 31. Responsibility of the person authorized to handle administrative violations

1. When detecting an administrative violation, a person with penalizing authority on duty shall make the minutes, order immediate termination of such violation and carry out penalty of administrative violation in accordance with the procedures stipulated in Chapter VI of the 2002 Ordinance on Handling of Administrative Violations. If the violation does not fall under the jurisdiction or beyond his competence for administrative penalties, the case must be promptly transferred to the person authorized to penalize.

2. A person authorized to penalize administrative violations in the fisheries field shall properly penalize in accordance with his authority. If the person authorized to penalize administrative violations is absent, his deputy shall be authorized to directly implement the penalty as stipulated in Article 41 of the 2002 Ordinance on Handling of Administrative Violations.

3. Acts of harboring and obstructing penalties, holding back cases with signs of criminal penalties for administrative penalties or splitting cases of violation to suit the penalties within his authority are prohibited.

4. For the cases where penalizing decisions have been made are in contravention of competence, violators, acts of violation; the application is in contravention of forms, fine levels and consequence-remedying measures; the penalty is in contravention of prescription and time limit, such legally improper decisions shall be changed or annulled depending on each specific circumstance.

Article 32. Authority of penalizing administrative violations of fisheries by the fisheries sector’s Inspection agency

1.      Inspector of specialized fisheries on duty shall have the right to:
a) Warn or fine of with a sum of up to VND 500,000;
b) Confiscate material evidences and means used for administrative violations of up to VND 2,000,000 in value;
c) Apply consequence-remedying measures stipulated at Points a, b, d and e, Clause 3, Article 7 of this Decree, except for forced dismantlement of illegally constructed works.

2. Chief Inspector of specialized fisheries department shall have the right to:
a) Warn or fine with a sum of up to VND 20,000,000;
b) Deprive the right to use definitely or indefinitely fisheries permits, fisheries business licenses;
c) Confiscate material evidences and means used for administrative violations;
d) Apply consequence-remedying measures stipulated at Points a, b, d and e, Clause 3, Article 7 of this Decree.

3. Chief Inspector of General Department of Fisheries, Chief Inspector of specialized Department of Fisheries shall have the right to:
a) Warn or fine with a sum of up to VND 30,000,000;
b) Deprive the right to use fisheries permits, fisheries business licenses indefinitely or definitely;
c) Confiscate material evidences and means used for administrative violations;
d) Apply consequence-remedying measures stipulated at Points a, b, d, e, and f, Clause 3, Article 7 of this Decree.

4. Chief Inspector of the Department of Agriculture and Rural Development shall have the right to:
a) Warn or fine with a sum of up to VND 30,000,000;
b) Deprive the right to use fisheries permits, fisheries business licenses definitely or indefinitely;
c) Confiscate material evidences and means used for administrative violations;
d) Apply consequence-remedying measures stipulated at Points a, b, d, e, and f, Clause 3, Article 7 of this Decree.
 
5. Chief Inspector of the Ministry of Agriculture and Rural Development shall have the right to:
a) Warn or fine with a sum of up to a maximum of VND 40,000,000 as stipulated in this Decree;
b) Deprive the right to use fisheries permits, fisheries business licenses definitely or indefinitely;
c) Confiscate material evidences and means used for administrative violations;
d) Apply consequence-remedying measures stipulated at Points a, b, d, and e, Clause 3, Article 7 of this Decree.

Article 33. Authority for penalizing administrative violations in fisheries by People's Committees at all levels

1. Chairman the commune-level People's Committee shall have the right to penalize acts of administrative violations stipulated in Chapter II of this Decree in his locality, including:
a) Warning or fine of up to VND 2,000,000;
b) Confiscate of material evidences and means used for administrative violations of up to VND 2,000,000 in value;
c) Apply consequence-remedying measures stipulated at Points a, b and d, Clause 3, Article 7 of this Decree.

2. Chairman of district-level People's Committee shall have the right to penalize administrative violations stipulated in Chapter II of this Decree in his locality, including:

a) Warning or a fine of up to VND 30,000,000;
b) Deprivation of the right to use permits for fishing, aquaculture practice certificate;
c) Confiscate material evidences and means used for administrative violations;
d) Apply consequence-remedying measures prescribed at Points a, b, d, Clause 3, Article 7 of this Decree.

3. Chairman of provincial-level People's Committee shall have the right to penalize administrative violations stipulated in Chapter II of this Decree in his locality, including:
a) Warning or fine to the maximum level stipulated in the Decree of up to VND 40 million;
b) Deprive the right to use fisheries permits, fishery business licenses;
c) Confiscate material evidences and means used for administrative violations;
d) Apply consequence-remedying measures stipulated in Clause 3 Article 7 of this Decree.

Article 34. Authority of penalizing administrative violations of other authorized agencies.
1. The authorized persons from other agencies: the people's police, border guard, coast guard, marine police, customs, tax, market management, directors of port authorities, directors of inland water port authorities stipulated in Articles 31, 32, 33, 34, 36, and 37 of the 2002 Ordinance on Handling of Administrative Violations and Clauses 6, 7, 8, 9, 10, 11 and 13, Article 1 of the Ordinance on Amending and Supplementing a number of articles of the 2008 Ordinance on Handling of Administrative Violations, shall have the right to penalize administrative violations in the fisheries field in accordance with this Decree for acts of administrative violation related to the domains under their respective management.

2. In national parks, natural conservation zones located in inland water areas or marine conservation zones where forest management forces are organized, such forces shall be authorized to penalize administrative violations against administrative violations occurring therein under their management and protection.

Article 35. Procedures for penalizing administrative violations
1. Procedures for penalizing administrative violations in the fisheries field shall be carried out as stipulated in the 2002 Ordinance on Handling of Administrative Violations.

2. Acts of administrative violations that are fined must be made into files and fully kept at the penalizing bodies within the time stipulated by law.
The making of records and penalizing decisions shall comply with the procedures stipulated in Clauses 21, 22 and 23, Article 1 of the 2008 Ordinance on Handling of Administrative Violations.

3. Fines and payment of fines must follow the procedures stipulated in Article 58 of the 2002 Ordinance on Handling of Administrative Violations and Clause 24, Article 1 of the 2008 Ordinance on Handling of Administrative Violations.

4. The procedures for deprivation of business licenses in the fisheries field must comply with Article 59 of the 2002 Ordinance on Handling of Administrative Violations.


5. The procedures for confiscating and handling material evidences and means of administrative violations in the fisheries field must comply with the provisions of Article 60 of the 2002 Ordinance on Handling administrative violations and Clause 25, Article 1 of the 2008 Ordinance on Handling of Administrative Violations.

For material evidences of administrative violations confiscated which are prone to cause fires and explosions such as explosives, detonators, fuses, persons with penalizing competence must carry our procedures to transfer them as soon as possible to local police offices or military commands for management under the Government's regulations on management of weapons, explosive materials and support tools; when transferring them, a record thereon must be made and affixed with the signatures of the person with penalizing competence and the representative of the receiving party; each record must be made at least in two copies.

6. Where individuals or organizations committing administrative violations cannot take consequence-remedying measures caused by their acts or have escaped whilst remedial work is necessary to timely protect the environment, ensure social order and safety, the authorized  management agency has authority to use funds from the state budget allocated for itself to remedy the consequences. Individuals or organizations committing administrative violations shall have to refund to the agency that has implemented measures to remedy the consequences.

Article 36. Transferring decision on penalizing administrative violations for execution

1. Where individuals or organizations commit administrative violations in one locality but reside or are headquartered in another locality and have no conditions to comply with the penalizing decisions in the locality where they are penalized, the penalizing decisions shall be transferred to the same-level authorized agency to penalize administrative violations in the locality where such individuals reside or such organizations are headquartered for execution. In cases where there exists no such agency in the locality where such individuals reside or such organizations are headquartered, the penalizing decisions shall be sent to the district-level People's committees for organization of the execution thereof. The dossiers on penalizing of administrative violations shall be kept by the agencies which sign the penalizing decision.

2. Agencies which receive the penalizing decisions shall have to hand them to the penalized individuals or organization and organize the execution thereof under the provision in Article 64 of the Ordinance on Handling of Administrative Violations, then notify the results to the agencies which sent the decisions.

3. The transfer of administrative violation-penalizing decisions shall only apply for collecting fines. Additional penalizing forms and/or consequence-remedying measures (if any) must be applied immediately at the places where the violations are committed. Where a violator fails to voluntarily execute or has no condition to apply consequence-remedying measures (if any), the expenses for the application shall be clearly stated in the penalizing decisions before they are sent.

Article 37. Application of measures to prevent administrative violations and ensure the penalty of administrative violations

1. Measures to prevent administrative violations and ensure the penalty of administrative violations in the fisheries field
In case only a fine is applied to violating individuals or organizations, the authorized person who penalizes administrative violations in the fisheries field has the power to temporarily keep documents related to means or professional certificates until those individuals or organizations have executed the penalizing decision. If individuals or organizations do not have the aforesaid papers, persons with competence to penalize administrative violations are entitled to request the violating individuals or organizations to move their means to ports or headquarters of the authorized agency for settlement or temporarily seize the means within their power.

In case the violations stipulated under the provisions of this Decree are subject to additional penalties of confiscating material evidences or violating means, specialized fisheries inspectors are entitled to request the violating organizations or individuals to move their means to ports or headquarters of the authorized agency for settlement or temporarily seize the means within their power.

2. The authority, order and procedures for application of measures to prevent administrative violations and ensure the penalizing of administrative violations in the fisheries field shall comply with the provisions of the 2002 Ordinance on Handling of Administrative Violations and the Ordinance on Amending and Supplementing a number of articles of the 2008 Ordinance on Handling of Administrative Violations.

Article 38. Handling of violations committed by persons authorized to handle administrative violations

Persons authorized to handle administrative violations who harass, tolerate, cover up, fail to handle or handle not in time, improperly handle or handle violators or acts of violation at variance with their competence; illegally seize or use money, goods, material evidences or means of violation; obstruct lawful circulation of goods, causing damage to business shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability and compensation in accordance with the regulations of law.

Article 39. Record forms, sample of decisions for use in administrative penalties

Issued in attachment with this Decree are the Appendixes with forms of records and decisions for use in administrative penalties in the fisheries field.



Article 40. Implementation effect

1. This Decree takes effect as of 15th May 2010 and replaces the Government's Decree No. 128/2005/ND-CP of October 11, 2005, providing for penalizing of administrative violations in the fisheries field; Government's Decree No. 154/2006/ND-CP of December 25, 2006, amending Article 17 of the Government’s Decree No. 128/2005/ND-CP of October 11, 2005, providing for penalizing administrative violations in the fisheries field.

Article 41. Responsibility to the implementation of the Decree

1. The Minister of Agriculture and Rural Development shall be responsible for guiding, organizing and inspecting the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, and chairmen of provincial-level People's Committees and cities under the Central Government  shall be responsible for implementing this Decree./.