Decree No. 42/2019/ND-CP dated May 16, 2019 of the Government on sanctioning administrative violations on fisheries

THE GOVERNMENT

Decree No. 42/2019/ND-CP dated May 16, 2019 of the Government on sanctioning administrative violations on fisheries

Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;

Pursuant to the Law on fisheries dated November 21, 2017;

At the request of the Minister of Agriculture and Rural Development;

The Government promulgates a Decree providing for sanctioning administrative violations on fisheries.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree stipulates acts of violations, their sanctions, sanctioning forms, remedial measures and sanctioning jurisdiction of administrative sanctions, fines imposed by authorized title holders, and the power to record administrative violations against regulations on fisheries.

2. Acts of administrative violation in the fields of state management related to fisheries, which are not prescribed in this Decree, shall comply with the provisions of other decrees on sanctioning of administrative violations in such fields.

Article 2. Subjects of application

1. Vietnamese and foreign organizations and individuals (hereinafter referred to as “subjects”) that commit administrative violations specified in this Decree.

2. The organizations mentioned in Clause 1 of this Article include:

a) Economic organizations that are duly established under the Law on enterprises, consisting of: Private enterprises, joint-stock companies, limited liability companies, partnerships and their affiliates (including branches and representative offices);

b) Economic organizations that are duly established under the Law on Co-operatives, consisting of: Co-operatives and cooperative unions;

c) Organizations that are duly established under the Law on Investment, consisting of: Domestic investors, foreign investors and foreign-invested economic organizations; representative offices and branches of foreign traders in Vietnam; representative offices of foreign trade promotion organizations in Vietnam;

d) Social organizations, socio-politial organizations, and socio-professional organizations;

dd) Service providers and other organizations as prescribed by laws.

3. Household businesses that are required to register their business as prescribed by law and business families shall incur the same penalties as those incurred by individuals for committing administrative violations specified in this Decree.

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