Decree 82/2026/ND-CP amend Decree 162/2013/ND-CP on sanctioning administrative violations in sea areas, islands and continental shelf

DECREE

Amending and supplementing a number of articles of Decree No. 162/2013/ND-CP dated November 12, 2013 of the Government providing for sanctioning of administrative violations in the sea areas, islands and continental shelf of the Socialist Republic of Vietnam, as amended and supplemented by Decree No. 23/2017/ND-CP and
Decree No. 37/2022/ND-CP

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law No. 15/2012/QH13 on Handling of Administrative Violations, which was amended and supplemented by Law No. 67/2020/QH14 and Law No. 88/2025/QH15;

Pursuant to the Law No. 18/2012/QH13 of the Sea of Vietnam;

Pursuant to the Law No. 82/2015/QH13 on Marine and Island Resources and Environment;

Pursuant to the Law No. 95/2015/QH13 on Maritime Code of Vietnam;

Pursuant to the Law No. 35/2018/QH14 Amending and Supplementing a Number of Articles of Thirty Seven Laws Related to the Planning Law;

At the proposal of the Minister of National Defence;

The Government promulgates the Decree amending and supplementing a number of articles of Decree No. 162/2013/ND-CP dated November 12, 2013 of the Government providing for sanctioning of administrative violations in the sea areas, islands and continental shelf of the Socialist Republic of Vietnam, as amended and supplemented by Decree No. 23/2017/ND-CP and Decree No. 37/2022/ND-CP.

Article 1. Amending title of Article 3, adding Clause 1a and Clause 1b after Clause 1 Article 3 as follows:

1. To amend the title of Clause 3 as follows:

“Article 3. Forms of sanctioning, fine levels, competence to impose fines, and principles of sanctioning”.

2. To add Clause 1a and Clause 1b after Clause 1 as follows:

“1a. The principal sanctions against administrative violations defined in this Decree comprise:

a) Caution;

b) Fine.

1b. The additional sanctions against administrative violations defined in this Decree comprise:

a) Deprivation of the right to use licenses or practice certificates for a definite time;

b) Suspension of operation for a definite time;

c) Confiscation of material evidences of administrative violations or means used for commission of administrative violations (below collectively referred to as material evidences and means of administrative violations);

d) Expulsion.”.

Article 2. To add Clause 6 and Clause 7 after Clause 5 Article 4 as follows:

“6. Forcible return of vessel certificates, vessel documents, practice certificates, professional certificates, crewman’s books, and passports that are erased or altered so as to falsify their contents to the competent agencies or persons who have issued such papers.

7. Forcible handling of material evidences being hazardous waste”.

Article 3. Amending Clause 2, adding Clause 3 after Clause 2 Article 8a as follows:

1. To amend Clause 2 as follows:

“2. Additional sanctions: Confiscation of material evidences and means of administrative violations, for the acts of violation specified at Point i, Clause 1 of this Article.”

2. To add Clause 3 after Clause 2 as follows:

“3. Remedial measures: Forcible refund of money amounts equivalent to the value of material evidences and means of administrative violations in case the material evidences and means of administrative violations have been illegally sold, dispersed or destroyed, for the acts of violation specified at Point i, Clause 1 of this Article.”.

Article 4. Adding Point c after Point b Clause 9 Article 8b as follows:

“c) Forcible refund of money amounts equivalent to the value of material evidences and means of administrative violations in case the material evidences and means of administrative violations have been illegally sold, dispersed or destroyed, for the acts of violation specified at Clause 5 of this Article.”.

Article 5. Amending Clause 3, adding Clause 4 after Clause 3 Article 15 as follows:

1. To amend Clause 3 as follows:

“3. Additional sanctions: Confiscation of material evidences of administrative violations, for the acts of violation specified at Point a and Point c Clause 1 and Clause 2 of this Article.”.

2. To add Clause 4 after Clause 3 as follows:

“4. Remedial measures: Forcible refund of money amounts equivalent to the value of material evidences of administrative violations in case the material evidences of administrative violations have been illegally sold, dispersed or destroyed, for the acts of violation specified at Point a and Point c Clause 1 and Clause 2 of this Article.”.

Article 6. Amending Clause 7, adding Clause 8 after Clause 7 Article 16 as follows:

1. To amend Clause 7 as follows:

“7. Additional sanctions: Deprivation of the right to use the Certificate of professional competence of the master for a definite time from 01 month to 06 months, for the act of violation prescribed in Clause 2 of this Article;”.

2. To add Clause 8 after Clause 7 as follows:

“8. Remedial measures: Forcible return of certificates and vessel documents to the competent agencies or persons who have issued such certificates and vessel documents, for the act of violation prescribed in Clause 4 of this Article.”.

Article 7. Amending Clause 4, adding Clause 5 after Clause 4 Article 17 as follows:

1. To amend Clause 4 as follows:

“4. Additional sanctions: Confiscation of forged professional certificates, crewman’s books, passports, for the acts of violation prescribed in Clause 3 of this Article.”.

2. To add Clause 5 after Clause 4 as follows:

“5. Remedial measures: Forcible return of professional certificates, crewman’s books, and passports that are erased or altered so as to falsify their contents to the competent agencies or persons who have issued such papers, for the acts of violation defined in Clause 2 and Clause 3 of this Article.”

Article 8. Adding Clause 6 after Clause 5 Article 23 as follows:

“6. Forcible refund of money amounts equivalent to the value of material evidences and means of administrative violations in case the material evidences and means of administrative violations have been illegally sold, dispersed or destroyed, for the acts of violation specified at Point c and Point d Clause 2 of this Article.”.

Article 9. Adding Point c and Point d after Point b Clause 10 Article 26 as follows:

“c) Forcible refund of money amounts equivalent to the value of means of administrative violations in case the means of administrative violations have been illegally sold, dispersed or destroyed, for the acts of violation specified in Clause 7 and Clause 8 of this Article.

d) Forcible handling of material evidences being hazardous waste, for the acts of violation prescribed in Clause 7 and Clause 8 of this Article.”.

Article 10. Adding Point c after Point b Clause 7 Article 26c as follows:

“c) Forcible refund of money amounts equivalent to the value of means of administrative violations in case the means of administrative violations have been illegally sold, dispersed or destroyed, for the act of violation specified at Point e Clause 5 of this Article.”.

Article 11. To amend Clause 5 Article 27 as follows:

“5. Remedial measures:

a) Forcible implementation of measures to remedy environmental pollution in accordance with regulations, for the acts of violation prescribed in this Article;

b) Forcible refund of money amounts equivalent to the value of material evidences and means of administrative violations in case the material evidences and means of administrative violations have been illegally sold, dispersed or destroyed, for the acts of violation specified at Point b, Clause 3 of this Article.”.

Article 12. To amend and supplement Article 28 as follows:

“Article 28. Sanctioning competence of the Vietnam Coast Guard

The titles prescribed in this Article shall have the power to sanction administrative violations for the administrative violations prescribed in Chapter II, except for acts of violation committed by foreign individuals prescribed at Points a, e and g Clause 7 Article 8b of this Decree, as follows:

1. Coast Guard officers on official duty shall have the power to:

a) Impose caution;

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

c) Confiscate material evidences or means of administrative violations of a value not exceeding two times the fine level mentioned at Point b of this Clause.

2. Heads of Coast Guard professional teams shall have the power to:

a) Impose caution;

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

c) Confiscate material evidences or means of administrative violations of a value not exceeding two times the fine level mentioned at Point b of this Clause.

3. Heads of professional operation squads of the Coast Guard and Heads of Coast Guard stations shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 200,000,000;

c) Confiscate material evidences or means of administrative violations of a value not exceeding two times the fine level mentioned at Point b of this Clause;

d) Apply the remedial measures specified at Points a, c and e Clause 1 Article 28 of the Law on Handling of Administrative Violations and Clauses 2, 3, 4, 5, 6 and 7 Article 4 of this Decree.

4. Captains of Coast Guard flotillas shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 300,000,000;

c) Confiscate material evidences or means of administrative violations of a value not exceeding two times the fine level mentioned at Point b of this Clause;

d) Apply the remedial measures specified at Points a, c, d, e and i Clause 1 Article 28 of the Law on Handling of Administrative Violations and Clauses 2, 3, 4, 5, 6 and 7 Article 4 of this Decree.

5. Chiefs of coast guard fleets; heads of reconnaissance teams, and heads of drug-related crime prevention and combat task force regiments of the Vietnam Coast Guard shall have the power to:

a) Impose caution;

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

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite time;

d) Confiscate material evidences or means of administrative violations;

dd) Apply the remedial measures prescribed at Points a, c, d, e and i Clause 1 Article 28 of the Law on Handling of Administrative Violations and Clauses 2, 3, 4, 5, 6 and 7 Article 4 of this Decree.

6. Coast Guard regional commanders, and the Director of the Professional and Legal Department of the Vietnam Coast Guard shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 800,000,000;

c) Deprive of the right to use licenses or practice certificates for a definite time;

d) Confiscate material evidences or means of administrative violations;

dd) Apply the remedial measures specified in Article 4 of this Decree.

7. The Vietnam Coast Guard Commander shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 1,000,000,000;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite time;

d) Confiscate material evidences or means of administrative violations;

dd) Apply the remedial measures specified in Article 4 of this Decree.”.

Article 13. To amend and supplement Article 29 as follows:

“Article 29. Sanctioning competence of Border Guards

The titles prescribed in this Article shall have the power to sanction administrative violations for the administrative violations prescribed in Chapter II, except for acts of violation committed by foreign individuals prescribed at Points a, e and g Clause 7 Article 8b of this Decree, within their respective managed fields and areas, as follows:

1. Border-guard soldiers who are on duty shall have the power to:

a) Impose caution;

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

c) Confiscate material evidences or means of administrative violations of a value not exceeding two times the fine level mentioned at Point b of this Clause.

2. Station chiefs or team commanders of border-guard soldiers who are on duty shall have the power to:

a) Impose caution;

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

c) Confiscate material evidences or means of administrative violations of a value not exceeding two times the fine level mentioned at Point b of this Clause;

d) Apply the remedial measures specified at Points a, c and e, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

3. Heads of drug and crime prevention and combat task force teams under drug and crime prevention and combat task force regiments shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 150,000,000;

c) Confiscate material evidences or means of administrative violations of a value not exceeding two times the fine level mentioned at Point b of this Clause;

d) Apply the remedial measures specified at Points a, c and e, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

4. Chiefs of border-guard stations, Captains of border-guard flotillas and Commanders of border-gate guards at ports shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 300,000,000;

c) Confiscate material evidences or means of administrative violations of a value not exceeding two times the fine level mentioned at Point b of this Clause;

d) Apply the remedial measures specified in Article 4 of this Decree.

5. Heads of drug and crime prevention and combat task force regiments of Drug and Crime Prevention and Combat Department under the Border Guard High Command shall have the power to:

a) Impose caution;

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

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite time;

d) Confiscate material evidences or means of administrative violations;

dd) Apply the remedial measures specified in Article 4 of this Decree.

6. The Commander of a Border Guard Command; chiefs of border-guard fleets and the Director of the Drug and Crime Prevention and Combat Department under the Border-Guard High Command shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 1,000,000,000;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite time;

d) Confiscate material evidences or means of administrative violations;

dd) Apply the remedial measures specified in Article 4 of this Decree.”.

Article 14. To amend and supplement Article 29a as follows:

“Article 29a. Sanctioning competence of the Public Security Force

The titles prescribed in this Article shall have the power to sanction administrative violations for the administrative violations prescribed in Chapter II within their respective managed fields and areas as follows:

1. Policemen who are on duty shall have the power to:

a) Impose caution;

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

c) Confiscate material evidences or means of administrative violations of a value not exceeding two times the fine level mentioned at Point b of this Clause.

2. Heads of company-level mobile police units shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 200,000,000;

c) Confiscate material evidences or means of administrative violations of a value not exceeding two times the fine level mentioned at Point b of this Clause;

d) Apply the remedial measures specified at Points a, c and e, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

3. Chiefs of police stations, heads of battalion-level mobile police units, heads of marine squads, station chiefs and team heads shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 300,000,000;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite time;

d) Confiscate material evidences or means of administrative violations of a value not exceeding two times the fine level mentioned at Point b of this Clause;

dd) Apply the remedial measures specified at Points a, c and e, Clause 1, Article 28 of the Law on Handling of Administrative Violations.

4. Chiefs of commune-level police offices shall have the power to:

a) Impose caution;

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

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite time;

d) Confiscate material evidences or means of administrative violations;

dd) Apply the remedial measures specified in Article 4 of this Decree.

5. Heads of professional divisions under the Economic Security Department, the Police Department of Social Order-related Crime Investigation, the Police Department for Investigation of Drug-Related Crimes, the Traffic Police Department, the Fire Prevention and Fighting, Salvage and Rescue Police Department, the Environmental Crime Prevention and Combat Police Department, the Cybersecurity and Hi-Tech Crime Prevention and Combat Department, the Immigration Department, Heads of regiment-level Mobile Police units; Heads of Divisions under provincial-level Police Departments, including: Heads of the Economic Security Divisions, Head of the Police Divisions for Investigation of Social Order-related Crimes, Heads of the Police Divisions for Investigation of Corruption, Economic, Smuggling, and Environmental Crimes, Heads of the Police Divisions for Investigation of Drug-related Crimes, Heads of the Traffic Police Divisions, Heads of the Mobile Police Divisions, Heads of the Fire Prevention and Fighting, Salvage and Rescue Police Divisions, Heads of the External Security Divisions, Heads of the Cybersecurity and Hi-Tech Crime Prevention and Combat Divisions shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 800,000,000;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite time;

d) Confiscate material evidences or means of administrative violations;

dd) Apply the remedial measures specified in Article 4 of this Decree.

6. The heads of Immigration Divisions under provincial-level Police Departments shall have the power to impose sanctions according to Clause 5 of this Article and may decide on application of the sanction of expulsion.

7. Directors of provincial-level Public Departments shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 1,000,000,000;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite time;

d) Confiscate material evidences or means of administrative violations;

dd) Impose the sanction of expulsion;

e) Apply the remedial measures specified in Article 4 of this Decree.

8. The Director of the Economic Security Department, Director of Police Department for Investigation of Social Order-Related Crimes, Director of the Police Department for Investigation of Drug-Related Crimes, Director of the Police Department for Investigation of Corruption, Economic and Smuggling Crimes, Director of the Traffic Police Department, Director of the Fire Prevention and Fighting, Salvage and Rescue Police Department, Director of the Environmental Crime Prevention and Combat Police Department, Commander of the Mobile Police Department and Director of the Cybersecurity and Hi-Tech Crime Prevention and Combat Department shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 1,000,000,000;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite time;

d) Confiscate material evidences or means of administrative violations;

dd) Apply the remedial measures specified in Article 4 of this Decree.

9. The Director of the Immigration Department shall have the power to impose sanctions according to Clause 8 of this Article and may decide on application of the sanction of expulsion.”.

Article 15. To amend and supplement Article 30 as follows:

“Article 30. Sanctioning competence of customs

The titles prescribed in this Article shall have the power to sanction the administrative violations prescribed in Article 5, Article 15 and Article 17 of this Decree within their respective managed fields and areas as follows:

1. Customs officers who are on duty may:

a) Impose caution;

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

c) Confiscate material evidences or means of administrative violations of a value not exceeding two times the fine level mentioned at Point b of this Clause.

2. Heads of border-gate customs offices/outside-of-border gate customs offices, heads of post-customs clearance inspection and review teams, heads of customs clearance teams, heads of customs control teams of regional Customs Branches, heads of anti-smuggling control teams of Anti-Smuggling Investigation Branches; and heads of regional post-customs clearance inspection teams of Post-Customs Clearance Inspection Branches may:

a) Impose caution;

b) Impose a fine of up to VND 300,000,000;

c) Confiscate material evidences or means of administrative violations of a value not exceeding two times the fine level mentioned at Point b of this Clause;

d) Apply remedial measures specified in Clause 2 and Clause 6, Article 4 of this Decree.

3. Directors of Anti-Smuggling Investigation Branches, directors of Post-Customs Clearance Inspection Branches and directors of regional Customs Branches shall have the power to:

a) Impose caution;

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

c) Confiscate material evidences or means of administrative violations;

d) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite time;

dd) Apply the remedial measures specified in Clause 2 and Clause 6, Article 4 of this Decree.

4. The Director General of the Department of Vietnam Customs shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 1,000,000,000;

c) Confiscate material evidences or means of administrative violations;

d) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite time;

dd) Apply the remedial measures specified in Clause 2 and Clause 6, Article 4 of this Decree.”.

Article 16. To amend and supplement Article 31 as follows:

“Article 31. Sanctioning competence of the Vietnam Maritime and Waterway Administration

The titles prescribed in this Article shall have the power to impose sanctions for the acts of violation prescribed in Article 16, Article 17, Article 18, Article 19, Article 20, Article 21, Article 22, Article 23, Article 24 and Article 25 of this Decree within their respective managed fields and areas, as follows:

1. Heads of Representative Offices of Maritime Port Authorities shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 250,000,000;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite time;

d) Confiscate material evidences or means of administrative violations of a value not exceeding two times the fine level mentioned at Point b of this Clause;

dd) Apply the remedial measures specified in Article 4 of this Decree.

2. The Director of Northern Maritime and Waterway Branch, the Director of Southern Maritime and Waterway Branch, and Directors of Maritime Port Authorities shall have the power to:

a) Impose caution;

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

c) Deprive of the right to use licenses or practice certificates for a definite time;

d) Confiscate material evidences or means of administrative violations;

dd) Apply the remedial measures specified in Article 4 of this Decree.

3. The Director of the Vietnam Maritime and Waterways Administration shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 1,000,000,000;

c) Deprive of the right to use licenses or practice certificates for a definite time;

d) Confiscate material evidences or means of administrative violations;

dd) Apply the remedial measures specified in Article 4 of this Decree.”.

Article 17. To amend and supplement Article 31a as follows:

“Article 31a. Sanctioning competence of the Market Surveillance Force

The titles prescribed in this Article shall have the power to sanction the administrative violations prescribed in Article 15 of this Decree within their respective managed fields and areas as follows:

1. Market controllers who are on duty shall have the power to:

a) Impose caution;

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

c) Confiscate material evidences of administrative violations of a value not exceeding two times the fine level mentioned at Point b of this Clause.

2. Heads of market surveillance teams of Market Surveillance Branches under provincial-level Departments of Industry and Trade shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 300,000,000;

c) Confiscate material evidences of administrative violations of a value not exceeding two times the fine level mentioned at Point b of this Clause;

d) Apply the remedial measures specified in Article 4 of this Decree.

3. Directors of Market Surveillance Branches, and heads of market surveillance divisions under the Agency for Domestic Market Surveillance and Development shall have the power to:

a) Impose caution;

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

c) Confiscate material evidences or means of administrative violations;

d) Apply the remedial measures specified in Article 4 of this Decree.

4. The Director of the Agency for Domestic Market Surveillance and Development shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 1,000,000,000;

c) Confiscate material evidences or means of administrative violations;

d) Apply the remedial measures specified in Article 4 of this Decree.”

Article 18. To amend and supplement Article 31 b as follows:

“Article 31b. Santioning competence of chairpersons of People’s Committees

Chairpersons of People’s Committees shall have the power to sanction the administrative violations prescribed in this Decree within their respective managed fields and areas as follows:

1. Chairpersons of People’s Committees of communes, wards and special zones shall have the power to:

a) Impose caution;

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

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite time;

d) Confiscate material evidences or means of administrative violations;

dd) Apply the remedial measures specified in Article 4 of this Decree.

2. Chairpersons of People's Committees of provinces and cities shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 1,000,000,000;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite time;

d) Confiscate material evidences or means of administrative violations;

dd) Apply the remedial measures specified in Article 4 of this Decree.”

Article 19. To amend and supplement Article 32 as follows:

“Article 32. Sanctioning competence of the Fisheries Resources Surveillance Force

The titles prescribed in this Article shall have the power to sanction the administrative violations prescribed in Article 7, Article 10, Article 11, Clause 1 Article 12, Article 15, Article 19, Clause 1 Article 20, Clause 1 and Point a Clause 3 Article 21 of this Decree within their respective managed fields and areas, as follows:

1. Fisheries resources surveillance officers shall have the power to:

a) Impose caution;

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

c) Confiscate material evidences or means of administrative violations of a value not exceeding two times the fine level mentioned at Point b of this Clause.

2. Heads of fisheries resources surveillance stations under Regional Fisheries Resources Surveillance Branches shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 200,000,000;

c) Confiscate material evidences or means of administrative violations of a value not exceeding two times the fine level mentioned at Point b of this Clause;

d) Apply the remedial measures specified at Points a, b, e and i Clause 1 Article 28 of the Law on Handling of Administrative Violations and Clauses 2, 3, 4, 5 and 6 Article 4 of this Decree.

3. Heads of Regional Fisheries Resources Surveillance Branches under the Directorate of Fisheries; Heads of Fisheries Branches under the provincial-level Departments of Agriculture and Environment shall have the power to:

a) Impose caution;

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

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite time;

d) Confiscate material evidences or means of administrative violations;

dd) Apply the remedial measures specified in Article 4 of this Decree.

4. The Director General of the Directorate of Fisheries shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 1,000,000,000;

c) Confiscate material evidences or means of administrative violations;

d) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite time;

dd) Apply the remedial measures specified in Article 4 of this Decree.”

Article 20. To amend and supplement Article 32a as follows:

“Article 32a. Sanctioning competence of the Vietnam Maritime Inspectorate

The titles prescribed in this Article shall have the power to sanction the administrative violations directly related to the inspection contents and within their respective managed fields prescribed in Chapter II of this Decree according to the assigned functions, tasks and powers, as follows:

1. Inspectors of the Vietnam Maritime Inspectorate shall have the power to:

a) Impose caution;

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

c) Confiscate material evidences or means of administrative violations of a value not exceeding two times the fine level mentioned at Point b of this Clause.

2. Heads of inspection teams of the Vietnam Maritime Inspectorate shall have the power to:

a) Impose caution;

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

c) Confiscate material evidences or means of administrative violations;

d) Apply the remedial measures specified in Article 4 of this Decree.

3. The Chief Inspector of the Vietnam Maritime Inspectorate shall have the power to:

a) Impose caution;

b) Impose a fine of up to VND 800,000,000;

c) Deprive of the right to use licenses or practice certificates for a definite term or suspend operation for a definite time;

d) Confiscate material evidences or means of administrative violations;

dd) Apply the remedial measures specified in Article 4 of this Decree.”

Article 21. To amend Article 33 as follows:

“Article 33. Competence to make written records of administrative violations

1. Persons competent to sanction administrative violations of the agencies and forces prescribed in Article 28, Article 29, Article 29a, Article 30, Article 31, Article 31a, Article 31b, Article 32 and Article 32a of this Decree who are on duty shall have the power to make written records of administrative violations within their respective managed fields and areas.

2. Coast Guard soldiers who are on duty shall have the power to make written records for the acts of administrative violations prescribed in this Decree.

3. Policemen who are on duty shall have the power to make written records of administrative violations within their respective managed fields and areas.

4. Persons of the People’s Army and the People’s Public Security Forces, civil servants and public employees under the agencies prescribed in Article 28, Article 29, Article 29a, Article 30, Article 31, Article 31a, Article 31b, Article 32 and Article 32a of this Decree who are on duty shall have the power to make written records of administrative violations within their respective managed fields and areas.”

Article 22. Adding Article 33b and Article 33c after Article 33a, as follows:

“Article 33b. Sanctioning administrative violations in the electronic environment

The handling of administrative violations under this Decree in the electronic environment shall be applied in accordance with Article 28a and Article 28b of Decree No. 118/2021/ND-CP dated December 23, 2021 of the Government detailing a number of articles and measures for implementation of the Law on Handling of Administrative Violations (as amended and supplemented by Decree No. 190/2025/ND-CP dated July 01, 2025 of the Government).

Article 33c. Sanctioning of acts of administrative violations which are concurrently prescribed in this Decree and in the Penal Code

When considering a case to decide on the sanctioning of an administrative violation, if it is found that the violations prescribed at Point b Clause 2 Article 14, Clause 2 Article 15, Clause 3 Article 17, Clause 7 and Clause 8 Article 26, Point e Clause 5 Article 26c, and other violations prescribed in this Decree show signs of a crime, the competent person currently handling the case must transfer the dossier of the violation case to the competent criminal procedure-conducting agency for examination of penal liability in accordance with Clauses 1, 2 and 4 Article 62 of the Law on Handling of Administrative Violations.”.

Article 23. Repealing and replacing a number of phrases of Decree No. 162/2013/ND-CP dated November 12, 2013 of the Government providing for sanctioning of administrative violations in the sea areas, islands and continental shelf of the Socialist Republic of Vietnam, as amended and supplemented by Decree No. 23/2017/ND-CP and Decree No. 37/2022/ND-CP

1. To repeal Clause 2 Article 27a of this Decree.

2. To replace the phrase “the Ministry of Natural Resources and Environment” with the phrase “the Ministry of Agriculture and Environment” in Article 8b and Article 8c of this Decree.

3. To replace the phrase “crewman’s passport” with the phrase “passport” in Article 17 of this Decree.

Article 24. Effect and implementation responsibility

1. This Decree takes effect on May 04, 2026.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces, centrally-run cities and related agencies and organizations shall implement this Decree.