What are the penalties for violations against regulations on inland waterway navigation in Vietnam?
What are the fines for violations against regulations on inland waterway navigation in Vietnam? What are the fines for violations against regulations on responsibilities when accidents happen on inland waterways in Vietnam? Thank you!
<subquestion>What are the fines for violations against regulations on inland waterway navigation in Vietnam?</subquestion>
Pursuant to Article 25 of the Decree 139/2021/ND-CP stipulating as follows:
<ref>1. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed for operating a non-motorized vessel with a deadweight tonnage of 15 tonnes or a capacity of 12 passengers, a motorized vessel with total main engine capacity of 15 horse powers or with a capacity of 12 passengers:
a) Clinging or typing their vessels to passenger vessels or dangerous cargo vessels also underway or letting passenger vessels or dangerous cargo vessels cling or tie to their vessels, except for the case of rescue, salvage or force majeure circumstances.
b) Failing to comply with instructions of inland waterway signals or instructions of navigation regulators, except for the acts specified at Point b, Clause 6 of this Article;
b) Failing to reduce the speed of vessels according to regulations;
d) Failing to send signals of vessels according to regulations when the vessels enter, leave ports, landing stages, anchorages or navigate under restricted visibility conditions or at cross-channels or channel bends;
dd) Failing to send signals or send signals in accordance with reuglations when the vessels keep out of the way of one another or overtake others;
e) Overtaking other vessels without receiving signals to overtake from that vessels;
g) Overtaking at the places where there are overtaking signs, vessels approaching or obstructions ahead; at cross-channels, channel bends or at places where there are narrow- channel signs; when sailing through the clear spans or locks;
h) Failing to keep out of the way of, or give way to, other vessels according to regulations;
i) Anchoring vessels at the moorings that are prohibited; failing to comply with regulations on anchoring of vessels or anchoring vessels that causes traffic disruption, except for the cases specified in Clause 4, Article 31 and Clause 6, Article 35 of this Decree.
2. Sanction of administrative violations for violations specified in Clause 1 of this Article shall be imposed on each type of vessel, as follows:
a) A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of between over 15 tonnes and under 250 tonnes or a capacity of between over 12 passengers and under 50 passengers, motorized vessel with total main engine capacity of between over 15 horse powers and 135 horse powers or with a capacity of between over 12 passengers and 50 passengers:
b) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000 tonnes or a capacity of between 50 passengers and 150 passengers; a motorized vessel with total main engine capacity of between over 135 horse powers and 750 horse powers or with a capacity of between over 50 passengers and 150 passengers; a dredging vessel with a capacity of 500m3/h or a crane vessel having lifting equipment with a lifting capacity of 50 tonnes and tow convoy with a deadweight tonnage of 1500 tonnes;
c) A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of over 1.000 tonnes or a capacity of over 150 passengers; a motorized vessel with total main engine capacity of over 750 horse powers or with a capacity of over 150 passengers; a dredging vessel with a capacity of 500m3/h; crane vessel that has lifting equipment with a lifting capacity of 50 tonnes and and tow convoy with a deadweight tonnage of 1500 tonnes.
3. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for operating a non-motorized vessel with a deadweight tonnage of 15 tonnes or a capacity of 12 passengers, a motorized vessel with total main engine capacity of 15 horse powers or with a capacity of 12 passengers in case of commission of one of the following violations:
a) Abusing the right of way, priority rights in order to cause danger or disrupt other vessels;
b) Weaving the vessels that causes danger in inland waterway navigation;
c) Operating the vessels in a manner that cause big waves damaging navigation and irrigation works;
d) Operating vessels over the speed limit.
4. Saction of administrative violations for violations specified in Clause 3 of this Article shall be imposed on each type of vessel, as follows:
a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of between over 15 tonnes and under 250 tonnes or a capacity of between over 12 passengers and under 50 passengers, motorized vessel with total main engine capacity of between over 15 horse powers and 135 horse powers or with a capacity of between over 12 passengers and 50 passengers;
b) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000 tonnes or a capacity of between 50 passengers and 150 passengers; a motorized vessel with total main engine capacity of between over 135 horse powers and 750 horse powers or with a capacity of between over 50 passengers and 150 passengers; a dredging vessel with a capacity of 500m3/h or a crane vessel having lifting equipment with a lifting capacity of 50 tonnes and tow convoy with a deadweight tonnage of 1500 tonnes;
c) A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of over 1.000 tonnes or a capacity of over 150 passengers; a motorized vessel with total main engine capacity of over 750 horse powers or with a capacity of over 150 passengers; a dredging vessel with a capacity of 500m3/h or a crane vessel having lifting equipment with a lifting capacity of 50 tonnes and tow convoy with a deadweight tonnage of 1500 tonnes.
5. A fine ranging from VND 50.000.000 to VND 60.000.000 shall be imposed for participating in illegal racing on inland waterways.
6. A fine ranging from VND 60.000.000 to VND 75.000.000 shall be imposed for the commission of one of the following violations:
a) Organizing illegal racing on inland waterways;
b) Operating vessels without compliance with instructions of inland waterway signals or instructions of navigation regulators that causes accidents or congestion;
7. Additional penalties:
a) Suspend certificates of competency or professional certificates from 03 to 06 months for the violations specified in point b Clauses 3 and 4 this Article.
b) Suspend certificates of competency or professional certificates from 06 to 12 months for the violations specified in Clauses 5 of this Article.
c) Suspend certificates of competency or professional certificates from 12 to 18 months for the violations specified in point b Clauses 6 of this Article.
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1. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed for operating a non-motorized vessel with a deadweight tonnage of 15 tonnes or a capacity of 12 passengers, a motorized vessel with total main engine capacity of 15 horse powers or with a capacity of 12 passengers:
a) Clinging or typing their vessels to passenger vessels or dangerous cargo vessels also underway or letting passenger vessels or dangerous cargo vessels cling or tie to their vessels, except for the case of rescue, salvage or force majeure circumstances.
b) Failing to comply with instructions of inland waterway signals or instructions of navigation regulators, except for the acts specified at Point b, Clause 6 of this Article;
b) Failing to reduce the speed of vessels according to regulations;
d) Failing to send signals of vessels according to regulations when the vessels enter, leave ports, landing stages, anchorages or navigate under restricted visibility conditions or at cross-channels or channel bends;
dd) Failing to send signals or send signals in accordance with reuglations when the vessels keep out of the way of one another or overtake others;
e) Overtaking other vessels without receiving signals to overtake from that vessels;
g) Overtaking at the places where there are overtaking signs, vessels approaching or obstructions ahead; at cross-channels, channel bends or at places where there are narrow- channel signs; when sailing through the clear spans or locks;
h) Failing to keep out of the way of, or give way to, other vessels according to regulations;
i) Anchoring vessels at the moorings that are prohibited; failing to comply with regulations on anchoring of vessels or anchoring vessels that causes traffic disruption, except for the cases specified in Clause 4, Article 31 and Clause 6, Article 35 of this Decree.
2. Sanction of administrative violations for violations specified in Clause 1 of this Article shall be imposed on each type of vessel, as follows:
a) A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of between over 15 tonnes and under 250 tonnes or a capacity of between over 12 passengers and under 50 passengers, motorized vessel with total main engine capacity of between over 15 horse powers and 135 horse powers or with a capacity of between over 12 passengers and 50 passengers:
b) A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000 tonnes or a capacity of between 50 passengers and 150 passengers; a motorized vessel with total main engine capacity of between over 135 horse powers and 750 horse powers or with a capacity of between over 50 passengers and 150 passengers; a dredging vessel with a capacity of 500m3/h or a crane vessel having lifting equipment with a lifting capacity of 50 tonnes and tow convoy with a deadweight tonnage of 1500 tonnes;
c) A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of over 1.000 tonnes or a capacity of over 150 passengers; a motorized vessel with total main engine capacity of over 750 horse powers or with a capacity of over 150 passengers; a dredging vessel with a capacity of 500m3/h; crane vessel that has lifting equipment with a lifting capacity of 50 tonnes and and tow convoy with a deadweight tonnage of 1500 tonnes.
3. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for operating a non-motorized vessel with a deadweight tonnage of 15 tonnes or a capacity of 12 passengers, a motorized vessel with total main engine capacity of 15 horse powers or with a capacity of 12 passengers in case of commission of one of the following violations:
a) Abusing the right of way, priority rights in order to cause danger or disrupt other vessels;
b) Weaving the vessels that causes danger in inland waterway navigation;
c) Operating the vessels in a manner that cause big waves damaging navigation and irrigation works;
d) Operating vessels over the speed limit.
4. Saction of administrative violations for violations specified in Clause 3 of this Article shall be imposed on each type of vessel, as follows:
a) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of between over 15 tonnes and under 250 tonnes or a capacity of between over 12 passengers and under 50 passengers, motorized vessel with total main engine capacity of between over 15 horse powers and 135 horse powers or with a capacity of between over 12 passengers and 50 passengers;
b) A fine ranging from VND 10.000.000 to VND 15.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of between 250 tonnes and 1.000 tonnes or a capacity of between 50 passengers and 150 passengers; a motorized vessel with total main engine capacity of between over 135 horse powers and 750 horse powers or with a capacity of between over 50 passengers and 150 passengers; a dredging vessel with a capacity of 500m3/h or a crane vessel having lifting equipment with a lifting capacity of 50 tonnes and tow convoy with a deadweight tonnage of 1500 tonnes;
c) A fine ranging from VND 5.000.000 to VND 7.000.000 shall be imposed for a non-motorized vessel with a deadweight tonnage of over 1.000 tonnes or a capacity of over 150 passengers; a motorized vessel with total main engine capacity of over 750 horse powers or with a capacity of over 150 passengers; a dredging vessel with a capacity of 500m3/h or a crane vessel having lifting equipment with a lifting capacity of 50 tonnes and tow convoy with a deadweight tonnage of 1500 tonnes.
5. A fine ranging from VND 50.000.000 to VND 60.000.000 shall be imposed for participating in illegal racing on inland waterways.
6. A fine ranging from VND 60.000.000 to VND 75.000.000 shall be imposed for the commission of one of the following violations:
a) Organizing illegal racing on inland waterways;
b) Operating vessels without compliance with instructions of inland waterway signals or instructions of navigation regulators that causes accidents or congestion;
7. Additional penalties:
a) Suspend certificates of competency or professional certificates from 03 to 06 months for the violations specified in point b Clauses 3 and 4 this Article.
b) Suspend certificates of competency or professional certificates from 06 to 12 months for the violations specified in Clauses 5 of this Article.
c) Suspend certificates of competency or professional certificates from 12 to 18 months for the violations specified in point b Clauses 6 of this Article.
<subquestion>What are the fines for violations against regulations on responsibilities when accidents happen on inland waterways in Vietnam?</subquestion>
Pursuant to Article 24 of the Decree 139/2021/ND-CP stipulating as follows:
<ref>1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for failure to promptly notify the nearest police offices, Maritime Administration or the People's Committee when accidents happen on inland waterways.
2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for the commission of one of the following violations:
a) Failing to be present on time according to the convening time of the competent state agency;
b) Failing to provide sufficient documents and evidences regarding accidents.
3. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for failure to protect traces and evidences or change of traces and evidences regarding accidents.
4. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for the commission of one of the following violations:
a) Failing to participate in search and rescue if possible or participate in search and rescue without obeying the orders of the commander;
b) Causing disorder or obstructing the rescue and handling of accidents.
5. A fine ranging from VND 60.000.000 to VND 75.000.000 shall be imposed for hit and run. The violation is not eligible for criminal prosecution.
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1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be imposed for failure to promptly notify the nearest police offices, Maritime Administration or the People's Committee when accidents happen on inland waterways.
2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for the commission of one of the following violations:
a) Failing to be present on time according to the convening time of the competent state agency;
b) Failing to provide sufficient documents and evidences regarding accidents.
3. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for failure to protect traces and evidences or change of traces and evidences regarding accidents.
4. A fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed for the commission of one of the following violations:
a) Failing to participate in search and rescue if possible or participate in search and rescue without obeying the orders of the commander;
b) Causing disorder or obstructing the rescue and handling of accidents.
5. A fine ranging from VND 60.000.000 to VND 75.000.000 shall be imposed for hit and run. The violation is not eligible for criminal prosecution.
