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.
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.
Article 3. Prescriptive periods for administrative violations
The prescriptive period for imposition of penalties for fisheries offences is 01 year. The prescriptive period for imposition of penalties for administrative violations against regulations on production, trading, import and export of fishing vessels, aquatic breeds, aquatic feeds, products used for remediation of aquaculture environment and protection of aquatic resources shall be 02 years.
Article 4. Sanction forms and remedial measures
1. The subject that knowingly commits any of the administrative violations in fishing industry shall be fined.
2. The violating subject shall, subject to the nature and severity of each administrative violation, also incur one or some of additional penalties as follows:
a) Suspension of license or practicing certificate or operations for a fixed period;
b) Confiscation of exhibits and instrumentalities of administrative violations, including: Fishing vessels, fishing gears, electrofishing equipment, chemicals, banned chemicals, toxins, fish and fishery products, certificates, licenses, permits or written approvals whose contents are erased or altered.
3. In addition to the remedial measures specified in Clause 1 Article 28 of the Law on penalties for administrative violations, this Decree also provides remedial measures as follows:
a) Enforced release of live aquatic animals;
b) Enforced transfer of dead aquatic animals of endangered, rare and precious species to regulatory authorities;
c) Enforced additional farming of endangered, rare and precious aquatic species as prescribed;
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