Title: Decree 23/2017/ND-CP amending Decree 162/2013/ND-CP Regulations on sanctioning administrative violations in Vietnam's sea, islands and continental shelf

Type: Decree

Issuing Agency: Government

Responsible Agency: Relevant Agencies

Issuing Date: 13-03-2017

Decree 23/2017/ND-CP amending the sanctioning of administrative violations for acts of not hanging the Vietnamese national flag and flying nationality flags; sanctioning acts of illegally transporting and / or trading in sea areas, islands and continental shelves of Vietnam; and amending the sanctioning competence on Vietnamese waters in Decree 162/2013/ND-CP.
1. Violating the regulations on hanging the national flag of Vietnam and flying the national flag

 Decree 23/2017/ND-CP stipulates a fine of between VND 5 million and 10 million for submarines and foreign underground vehicles when operating in Vietnamese waters and territorial waters without flagging national flags, except for cases of approval. Vietnamese government allows or under the agreement of the two governments.
 Compared to the current regulations, Decree 23/2017/ND-CP does not impose sanctions on foreign submarines and underground vehicles without flying the Vietnam National Flag when operating in Vietnam's internal waters.
 2. Violation of regulations on illegal transportation and sale of goods on Vietnam's sea, islands and continental shelf
 For goods transported, traded, exchanged, or transcended on Vietnam's seas, islands and continental shelves without papers, inadequate papers proving the legality of goods, Decree 23/2017/ND-CP stipulates administrative penalties as follows:
 - In cases where goods are valued at under VND 10 million, the fine is from 3 million to 5 million. Under the current provisions of Decree 162, there is no penalty.
 - In case of infringing goods being transported or traded in the sea, islands and continental shelf of Vietnam with a value of between VND 10 and 20 million, the fine shall be imposed from 5 to 10 million (up to the current regulations).
 - In case of goods with value from 20 to 50 million, Decree No. 23 is fined from 10 to 15 million (as currently prescribed).
 - For goods of between 50 million VND and 70 million VND, fines for administrative violations in Vietnam's sea, islands and continental shelf range from 15 million to 20 million (as currently prescribed).
 - Decree 23/2017/ND-CP also retains the fine for goods with a value of 70 to 100 million (a fine of 20 to 25 million) and is valued at over 100 million without being penalized (fine from 25 to 30 millions).
 3. Amending regulations on the competence to sanction administrative violations in Vietnam's sea, islands and continental shelf
 Decree 23/2017/ND-CP amending the authority of administrative sanctions of Border Guard, Customs, Maritime Inspectorate, Maritime Port Authorities, Director of Maritime Department, Head of Specialized Inspection, Chief Inspector of the Ministry of Transport information. At the same time, supplement the authority to impose administrative sanctions on islands and islands for market management and chairmen of People's Committees.
 In addition, Decree 23/2017/ND-CP also added a number of subjects with the right to make records on administrative violations of Vietnam's violations of sea and continental shelf such as: Market Management, Chairman of the People's Committee. People and soldiers of the Border Guard, Inspectors of the Inspectorate of the Ministry of Transport, Maritime Inspectorate, Fisheries Inspector, Team Leader of the Customs Branch, Market Controllers.
 Decree 23/2017/ND-CP amending the sanctioning of administrative violations in Vietnam's sea, islands and continental shelf in Decree 162/2013/ND-CP, effective from May 1, 2017.

 

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