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MEKONG COUNSEL

Decree on administrative sanction in maritime

  On June 21st, 2011 the Government issued Decree No. 48/2011/ND-CP regulating the administrative sanction in

  maritime. Accordingly,

 

  For the act of using laborers without professional degree, certificate, license as regulated; violations of regulations on

  signal at daytime and signal light, lighting at nighttime within the boundary of quay for vessel to berth safely shall be

  sanctioned from 01 to 05 million Dong.

 

  For violations of environmental protection regulations such as littering, discharging waste to the quay or to seaport

  waters; lack of counter-measure for oil overflow incident as required for petroleum port shall be sanctioned from 05

  to 10 million Dong. A fine from 30 to 50 million Dong shall be applied to acts of discharging water blending with oil to

  the quay or to seaport waters; A fine from 50 to 100 million Dong shall be applied to acts of discharging water or solid

  waste blending with toxical chemicals to the quay or to seaport area. 

 

  A fine from 05 to 10 million Dong shall be applied to organizations, individuals which steer the vessel into the port or

  berth at seaport waters without the approval of the port authorities; loading, unloading goods prior to completion of

  procedures as regulated; without certificate of seaport security or failing to implement the plan for seaport security  

  as regulated. 

 

  For acts of performing the works prior to being approved by the competent authorities and resulting in an accident;

  performing the works at the location different from the designated one and resulting in an accident; performing the

  works which causes environmental pollution shall be sanctioned from 30 to 60 million Dong.

 

  Statutory period of administrative sanction in maritime shall be 01 year from the day of the violation act. For violations

  in seaport construction and maritime works; environment; exist, entry of vessels, screwmen, and passengers, the

  statutory period of administrative sanction shall 02 years; after the mentioned period, violation acts shall not be

  sanctioned but counter-measures shall be applied.

 

  This Decree shall come into force from September 01st, 2011.