Chương III: Nghị định 142/2017/NĐ-CP Thẩm quyền lập biên bản vi phạm hành chính và thẩm quyền xử phạt vi phạm hành chính

Chapter III

POWER TO RECORD ADMINISTRATIVE VIOLATIONS AND IMPOSE PENALTIES

Section 1. POWER TO RECORD ADMINISTRATIVE VIOLATIONS

Article 59. Power to record administrative violations

The persons authorized to impose administrative violations prescribed in Articles 60, 61, 62, 63, 64, 65 and 66 herein and officials/ public employees under the management of these persons must promptly take actions to prevent and record administrative violations against regulations on maritime detected when they are on duty as prescribed. The master of the ship, or a person authorized by him, is responsible for recording any violations committed on board the ship and reporting them to the officer competent to impose administrative penalties when the ship arrives at the port.

Section 2. POWER TO IMPOSE ADMINISTRATIVE PENALTIES

Article 60. Power to impose penalties of inspectors

1. Inspectors working at the Inspectorate of Ministry of Transport, specialized maritime inspectors or the persons who are assigned to conduct inspections in maritime sector shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 500,000;

c) Confiscate the exhibit and instrumentality of administrative violation worth up to VND 500,000;

d) Enforce the remedial measures mentioned in Points a, c and dd Clause 1 Article 28 of the Law on actions against administrative violations.

2. The Chief Inspector of Vietnam Maritime Administration and heads of specialized inspection teams established by the Vietnam Maritime Administration shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 50,000,000;

c) Suspend license or practicing certificate or suspend operations for fixed period;

d) Confiscate the exhibit and instrumentality of administrative violation worth up to VND 50,000,000;

dd) Enforce the remedial measures mentioned in Clause 1 Article 28 of the Law on actions against administrative violations and the remedial measures mentioned in Chapter II herein.

3. Heads of specialized inspection teams established by Ministry of Transport shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 70,000,000;

c) Suspend license or practicing certificate or suspend operations for fixed period;

d) Confiscate the exhibit and instrumentality of administrative violation worth up to VND 70,000,000;

dd) Enforce the remedial measures mentioned in Clause 1 Article 28 of the Law on actions against administrative violations and the remedial measures mentioned in Chapter II herein.

4. Chief Inspector of the Ministry of Transport shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 100,000,000;

c) Suspend license or practicing certificate or suspend operations for fixed period;

d) Confiscate the exhibits and instrumentalities of administrative violations;

dd) Enforce the remedial measures mentioned in Clause 1 Article 28 of the Law on actions against administrative violations and the remedial measures mentioned in Chapter II herein.

Article 61. Power to impose penalties of port authorities

1. Chief Commissioners representing port authorities shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 10,000,000;

c) Confiscate the exhibit and instrumentality of administrative violation worth up to VND 10,000,000;

2. Directors of port authorities, heads of specialized inspection teams established by port authorities shall have the power to:

a) Issue warning;

b) Impose a fine up to VND 25,000,000;

c) Suspend license or practicing certificate or suspend operations for fixed period;

d) Confiscate the exhibit and instrumentality of administrative violation worth up to VND 25,000,000;

dd) Enforce the remedial measures mentioned in Points a, b, c, dd, i and k Clause 1 Article 28 of the Law on actions against administrative violations and the remedial measures mentioned in Chapter II herein.

Article 62. Power to impose penalties of Director of Vietnam Maritime Administration

The Director of Vietnam Maritime Administration shall have the power to:

1. Issue warning;

2. Impose a fine up to VND 100,000,000;

3. Suspend licenses or practicing certificates or suspend operations for a fixed period;

4. Confiscate the exhibits and instrumentalities for committing administrative violations;

5. Enforce the remedial measures mentioned in Clause 1 Article 28 of the Law on actions against administrative violations and the remedial measures mentioned in Chapter II herein.

Article 63. Power to impose penalties of Chairpersons of Provincial-level People’s Committees

Chairpersons of Provincial-level People’s Committees shall have the power to:

1. Issue warning;

2. Impose a fine up to VND 100,000,000;

3. Suspend licenses or practicing certificates or suspend operations for a fixed period;

4. Confiscate the exhibits and instrumentalities for committing administrative violations;

5. Enforce the remedial measures mentioned in Clause 1 Article 28 of the Law on actions against administrative violations and the remedial measures mentioned in Chapter II herein.

Article 64. Power to impose penalties of people’s police forces

1. People’s police forces shall have the power to impose penalties for administrative violations in their managing sectors as prescribed in Point d and Point e Clause 2 Article 12, Articles 13, 18, 28, 30, Clause 1, Clause 2, Point a Clause 3, Clause 10 Article 33, Point a Clause 3, Clause 4 and Clause 5 Article 35 herein.

2. Maximum fines imposed by and power to impose penalties of people’s police forces shall follow regulations in Point dd Clause 1 Article 24 and Article 39 of the Law on actions against administrative violations.

Article 65. Power to impose penalties of border guard forces

1. Border guard forces shall have the power to impose penalties for administrative violations discovered out of the port waters in their managing sectors as prescribed in Clauses 3, 4 Articles 19, Clauses 1, 2, Point a Clause 3, Point e Clause 5 and Clause 10 Article 33, Articles 34, 35, 36, 37, 40 and 42 herein.

2. Maximum fines imposed by and power to impose penalties of border guard forces shall follow regulations in Point dd Clause 1 Article 24 and Article 40 of the Law on actions against administrative violations.

Article 66. Power to impose penalties of marine police forces

1. Marine police forces shall have the power to impose penalties for administrative violations discovered out of the port waters in their managing sectors as prescribed in Clause 4, Point e Clause 5 and Clause 6 Article 33, Articles 34, 35, 36, 37, 40 and 42 herein.

2. Maximum fines imposed by and power to impose penalties of marine police forces shall follow regulations in Point dd Clause 1 Article 24 and Article 41 of the Law on actions against administrative violations.