Fines up to 1 billion VND for violating sea, island and continental shelf areas

On behalf of the Government, Prime Minister Nguyen Tan Dung has just signed and issued Decree No. 162/2013/ND-CP, dated November 12, 2013, regulating administrative sanctions for violations in the seas, islands and continental shelf of the Socialist Republic of Vietnam.

The Decree stipulates the levels of penalties for violations of regulations on management of Vietnam's sea, islands and continental shelf; violations of regulations on maritime navigation outside seaport waters; violations of regulations on marine environmental protection. Other penalties prescribed in this Decree are fines for individuals. The fine for organizations is twice the fine for individuals. In addition, violating organizations and individuals must also be subject to additional penalties and must take measures to remedy the consequences caused.

Regarding fines: Violating regulations on the management of Vietnam's sea, islands and continental shelf will be fined 1 billion VND for individuals and 2 billion VND for organizations. Violating regulations on the management of Vietnam's sea, islands and continental shelf will be fined up to 1 billion VND. Specifically, a fine of 20 - 30 million VND will be imposed for illegally stopping or anchoring in Vietnam's internal waters and territorial waters.

Fines from 80 to 100 million VND for entering prohibited or restricted areas in Vietnam's territorial waters.

Fines of 400-500 million VND will be imposed for propagating to harm Vietnam's national defense and security; launching, receiving or loading aircraft or other vehicles onto ships or boats.

Fines of between VND800 million and VND1 billion shall be imposed for illegally collecting information related to Vietnam's national defense and security; illegally practicing or rehearsing in any form; violating the sea, islands and continental shelf of the Socialist Republic of Vietnam to investigate, explore and conduct scientific research on Vietnam's marine resources; violating the sea, islands and continental shelf of the Socialist Republic of Vietnam for tourism activities.

Vietnamese ships and boats that do not fly the Vietnamese national flag or fly it incorrectly will be fined from 2 to 4 million VND. Foreign ships and boats that do not fly their national flag or the Vietnamese national flag or fly it incorrectly when operating in Vietnam's internal waters will be fined from 5 to 10 million VND.

Violations of maritime regulations outside the port waters are subject to fines of up to 100 million VND. Specifically, vessels without a port departure permit will be fined from 10 to 80 million VND depending on the total capacity; a fine of 10 to 20 million VND will be imposed for the act of lacking one of the following documents or certificates certifying that the vessel is qualified to operate; a fine of 80 to 100 million VND will be imposed for foreign vessels participating in domestic transport or carrying out specific activities without a license or written approval from a competent Vietnamese authority.

For violations of regulations on life safety on ships: fines of up to 15 million VND if life-saving equipment does not meet quality standards; is expired, or is not properly arranged. Fines of 10 - 15 million VND for carrying cargo exceeding the permitted tonnage by 10% or more. Ships carrying 30 people more than the permitted tonnage will be fined from 60 - 80 million VND. Fines of 70 - 100 million VND for failing to salvage sunken property that causes danger.

Violations of regulations on marine environmental protection: Fines from 250 to 500 million VND for dumping waste into sea areas belonging to nature reserves, natural heritages, and areas with new ecosystems. Fines from 500 million to 1 billion VND for dumping hazardous waste, waste containing radioactive substances into sea areas, islands and continental shelves of Vietnam...

This Decree takes effect from January 1, 2014 and replaces Decree No. 137/2004/ND-CP dated June 16, 2004 of the Government on administrative sanctions for violations in the sea areas and continental shelf of the Socialist Republic of Vietnam./

According to the Communist Party of Vietnam Electronic Newspaper