DECREE No. 77/1998/ND-CP OF SEPTEMBER 26, 1998 ON AMENDMENTS AND SUPPLEMENTS TO A NUMBER OF ARTICLES OF DECREE No. 40-CP OF JULY 5, 1996 OF THE GOVERNMENT

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;

Pursuant to the Ordinance on Vietnam People's Police of January 28, 1989 and the July 6, 1995 Ordinance amending Article 6 of the Ordinance on Vietnam People's Police;

Pursuant to the July 6, 1995 Ordinance on the Handling of Administrative Violations;

Pursuant to Decree No. 80-CP of December 5, 1996 of the Government defining the organization and operation of the specialized communications and transport inspectorate;

At the proposals of the Minister of Communi-cations and Transport and the Minister of Justice,

DECREES:

Article 1.- To amend and/or supplement a number of articles of Decree No.40-CP of July 5, 1996 of the Government on ensuring navigation order and safety on inland waterways as follows:

1. To supplement Article 1 with Clause 5 as follows:

"5. Activities to ensure navigation order and safety on inland waterways stipulated in this Decree in security and/or defense water areas must be approved by the Ministry of Public Security and/or the Ministry of Defense."

2. Clause 10 of Article 5, is amended as follows:

"10. Cross-river transport means is an inland waterway means used for ferrying passengers and/or goods from one river's bank to the other or from the river's bank to a floating means and/or structure and vice versa."

3. Clause 1 of Article 7, is amended as follows:

"1. The waterway traffic police can set up checkpoints at the places designated by the Ministry of Public Security and can inspect means of transport only when detecting signs of law-breaking."

4. Clause 9 of Article 8, is amended as follows:

"9. The inland waterway communications and transport specialized inspector shall have the competence to inspect, control and handle administrative violations in accordance with the provisions of law."

5. To supplement Article 8, with Clauses 11 and 12 as follows:

"11. To assume the prime responsibility and coordinate with the concerned ministries and branches in elaborating documents to popularize, disseminate and guide the legislation on inland waterway communications and transport for all subjects joining traffic.

12. To organize the collection of inland waterway fees and charges as prescribed by law."

6. To supplement Article 9 with Clause 7 as follows:

"7. To coordinate with the concerned ministries and branches in elaborating documents to popularize, disseminate and guide the legislation on inland waterway communications and transport for all subjects joining traffic."

7. The phrase "technical control" mentioned in Clause 4 of Article 8; Clause 1 of Article 9; Clause 1 of Article 11; and Article 36 is now amended into "technical safety control".

8. Clause 3 of Article 10, is amended as follows:

"3. To direct the units in the fishery sector not to cause obstructions to the navigation on the shipping lanes; to observe the legislation on inland waterway communications and transport and submit to the inspection and control by forces that have competence in ensuring traffic order and safety as prescribed by law."

9. To supplement Article 24 with Clause 3 as follows:

"3. When a means is purchased, sold or transferred, the procedures for changing the means owner's name and the transfer of the ownership thereover must be completed as prescribed by law."

10. Article 27 is amended as follows:

"The goods must be loaded neatly in order not to destabilize the means nor to obstruct the view of the driver, to encumber the control system and other safety devices. It is forbidden to load goods on passengers' passages or beyond the sizes prescribed for the means."

11. Article 28 is amended as follows:

"A passenger transport means operating along an inland waterway shall have to register the ports of departure and destination, take and disembark passengers at the designated ports; it must also be provided with a list of passengers before its departure."

12. Article 30 is amended as follows:

"A passenger transport means operating along an inland waterway must have a safety rule. Before departure, the means driver shall have to brief the passengers on this rule and the way of using safety devices".

13. Phrase "landing ramps and stages" mentioned in Clause 3 of Article 38 is amended into "passenger ports".

14. Clause 1 of Article 42, is amended as follows:

"1. When traveling, the means must keep completely to one side of the lane; in case of a narrow lane, the means shall skirt the lane on its right side.

15. The word "boats" mentioned in Clause 1 of Article 58 is amended into "means".

16. To cross out Clause 3 of Article 59 and as a result, Clauses 4, 5 and 6 are now readjusted into Clauses 3, 4 and 5.

17. The phrase "traffic and order police" mentioned in Article 81 is amended into "waterway traffic police".

18. The phrase "local People's Committee" mentioned in Article 83 is amended into "local People's Committee or the nearest competent State agency".

19. Article 90 is amended as follows:

"Sanctions against acts of violation of the provisions on navigation order and safety on inland waterways:

1. A warning or fine of from 20,000 dong to 50,000 dong against acts of not elaborating a safety rule for a passenger transport means operating along an inland waterway with loading capacity of less than 13 passengers.

2. A warning or fine of from 50,000 dong to 100,000 dong against one of the following acts:

a/ Failing to make a list of passengers for a passenger transport means operating along an inland waterway with loading capacity of less than 13 passengers;

b/ Carrying small animals at variance with the regulations.

3. A warning or fine of from 50,000 dong to 200,000 dong against one of the following acts:

a/ Clinging or tying to another traveling means;

b/ Allowing another means to cling or tie to one's own means while traveling;

c/ There's no safety rule for the passenger transport means operating along an inland waterway with loading capacity of 13 passengers or more, or letting passengers sit on the ship's bow or on its sides;

d/ Loading goods at variance with the regulations;

e/ Working on the means after drinking alcoholic substances, liquor, beer or other stimulants with volume percentage exceeding the prescribed level;

f/ Employing people to work as crew members whose health conditions fail to ensure accomplishment of their assigned tasks;

4. A warning or fine of from 100,000 dong to 300,000 dong against one of the following acts:

a/ Failing to make a list of passengers for the passenger transport means operating along an inland waterway with loading capacity of 13 passengers or more;

b/ Taking and/or disembarking passengers not at the prescribed ports;

c/ Exploiting the means at variance with its prescribed utility or beyond the lines or lanes or operation areas stated in the license.

5. A fine of from 200,000 dong to 500,000 dong against acts of transporting buffaloes, cows, horses or other large animals together with passengers.

6. A fine of from 500,000 dong to 1,000,000 dong against acts of transporting noxious goods, inflammable and/or explosive substances together with passengers.

7. A fine of from 2,000,000 dong to 5,000,000 against one of the following acts:

a/ Failing to obtain a permit when transporting noxious goods and/or explosives;

b/ Failing to observe the regulations on the prevention and fight against fire, explosion and toxicity;

c/ Using a fake number plate while driving the means but not to the extent of being examined for penal liability.

8. Additional sanctioning form and other measures

Stripping the right to use the captain's license or the means driver's professional certificate for 3 to 6 months for violation acts defined in Clause 7 of this Article."

20. Article 92 is amended and supplemented as follows:

"Sanctions against acts of using, driving means without prescribed papers (the means' registration certificate, the certificate of technical safety of the inland waterway transport means, the transport permit, the crew members' register, the operating license or professional certificate of the captain and chief mechanist):

1. A warning or fine of from 20,000 dong to 50,000 dong against acts of driving a cross-river transport means (except for ferries), passenger transport means operating along an inland waterway with loading capacity of less than 13 passengers, cargo-transport means with loading capacity of less than 5 tons without professional certificate or without painting the registration number of the means as prescribed.

2. A warning or fine of from 100,000 dong to 200,000 dong against acts of failing to paint the registration number of the means and its name (if any) or painting them not as prescribed.

3. Sanctions against acts of using means without papers or without changing the owner's name and transferring the ownership thereover as prescribed:

a/ A warning or fine of from 50,000 dong to 200,000 dong for a means with loading capacity of from 5 tons to 50 tons or from 13 to 20 passengers; or the pulling/pushing means with capacity of 50 CV or less;

b/ A warning or fine of from 100,000 dong to 300,000 dong for a means with loading capacity of from 51 tons to 250 tons or from 21 to 50 passengers; or a pulling/pushing means with capacity of from 51 CV to under 90 CV;

c/ A warning or fine of from 300,000 dong to 500,000 dong for a means with loading capacity of above 250 tons or 51 passengers or more; or a pulling/pushing means with capacity of 90 CV or more;

4. Sanctions against acts of driving a means without appropriate operating license (the river-ship captain's license and/or the river-ship chief mechanist's license):

a/ A fine of from 100,000 dong to 200,000 dong on the driver of a means which requires a license of the fourth or higher grade;

b/ A fine of from 200,000 dong to 500,000 dong on the driver of a means which requires a license of the third or higher grade;

c/ A fine of from 500,000 dong to 1,000,000 dong on the driver of a means which requires a license of the second or higher grade;

d/ A fine of from 1,000,000 dong to 1,500,000 dong on the driver of a means which requires a license of the first grade;

21. Article 93 is amended as follows:

"Sanctions against acts of failing to ensure the quantity and quality of the safety devices prescribed for the means:

1. For the cargo-transport means.

a/ A warning or fine of from 20,000 dong to 50,000 dong for a means with loading capacity of less than 5 tons or a pulling/pushing means with engine's capacity of less than 15 CV;

b/ A warning or fine of from 50,000 dong to 100,000 dong for a means with loading capacity of from 5 to 50 tons or a pulling/pushing means with engine's capacity of from 15 CV to under 50 CV;

c/ A warning or fine of from 100,000 dong to 300,000 dong for a means with loading capacity of from 51 to 250 tons or a pulling/pushing means with engine's capacity of from 51 CV to under 90 CV;

d/ A warning or fine of from 300,000 dong to 500,000 dong for a means with loading capacity of 251 tons or more or a pulling/pushing means with engine's capacity of 90 CV or more;

2. For passenger transport means

a/ A fine of from 50,000 dong to 100,000 dong for passenger transport means with loading capacity of from 13 to 20 passengers;

b/ A fine of from 100,000 dong to 300,000 dong for passenger transport means with loading capacity of from 21 to 50 passengers;

c/ A fine of from 300,000 dong to 500,000 dong for passenger transport means with loading capacity of from 51 to 100 passengers;

d/ A fine of from 500,000 dong to 1,000,000 dong for passenger transport means with loading capacity of 101 passengers or more."

22. The headline of Clause 1, Article 94, is amended as follows:

"1. Fines against acts of transporting goods from 3% to less than 5% in excess of the loading capacity of the means or convoy of means."

23. Clauses 2 and 3 of Article 94, are amended as follows:

"2. Warning or fine against acts of transporting goods from 5% to 10% in excess of the loading capacity of the means or convoy of means, corresponding the following kinds of means:

a/ A warning or fine of from 50,000 dong to 200,000 dong for a means or convoy of means with loading capacity of less than 50 tons;

b/ A warning or fine of from 200,000 dong to 500,000 dong for a means or convoy of means with loading capacity of from 50 to 250 tons;

c/ A fine of from 500,000 dong to 1,500,000 dong for a means or convoy of means with loading capacity of from 250 to 800 tons;

d/ A fine of from 1,500,000 dong to 3,000,000 dong for a means or convoy of means with loading capacity of more than 800 tons.

3. Fines against acts of transporting goods more than 10% in excess of the loading capacity of the means or convoy of means, corresponding the following kinds of means:

a/ A warning or fine of from 100,000 dong to 300,000 dong for a means or convoy of means with loading capacity of less than 50 tons;

b/ A warning or fine of from 300,000 dong to 1,000,000 dong for a means or convoy of means with loading capacity of from 50 to 250 tons;

c/ A fine of from 1,000,000 dong to 3,000,000 dong for a means or convoy of means with loading capacity of from 250 to 800 tons;

d/ A fine of from 3,000,000 dong to 5,000,000 dong for a means or convoy of means with loading capacity of more than 800 tons.

24. To supplement Article 94 with Clause 6 as follows:

"6. Additional sanctioning forms and other measures:

Stripping the right to use the captain's license or the means driver's professional certificate for a period of from 90 (ninety) to 180 (one hundred and eighty) days for acts of transporting cargo 20% in excess of the loading capacity of the means."

25. Point a, Clause 3 of Article 97, is amended as follows:

"a/ Opening inland waterway ports and/or wharves without permit."

26. To supplement Article 97 with Clause 5 as follows:

"5. Acts of violation to be fined as prescribed in Clauses 2, 3 and 4 of this Article shall also be subject to the following additional sanctioning forms: Definitive suspension of operation of the port or wharf for violations mentioned in Clause 2 and Point a of Clause 3; and 60-day suspension of operation of the port and/or wharf for violations mentioned in Point b, Clause 3 and Clause 4 of this Article."

27. Article 98 is amended and supplemented as follows:

"Sanctions against acts of violation of inland waterway navigation rules:

1. A warning or fine of from 100,000 dong to 500,000 dong against the means driver who commits one of the following acts:

a/ Anchoring or mooring the means not at the prescribed places;

b/ Refusing to give way to other means even though there are enough conditions to do so;

c/ Abusing the priority right to obstruct other means;

d/ Groundlessly directing head lights on another traveling means;

e/ Failing to reduce speed as prescribed;

f/ Violating the provisions on sound signals, signs or flag signals;

g/ Violating the provisions on traveling in regulated or restricted areas; through tureens, bridges or culverts;

h/ Violating the provisions on traveling, way-giving and overtaking;

i/ Failing to keep the prescribed distance either crosswise or lengthwise from other means.

2. Warning or fine of from 500,000 dong to 1,000,000 against the means driver who commits one of the following acts (except for households' means):

a/ Failing to light the signal-lamp on the means when traveling or anchoring/ mooring or lighting such a signal-lamp not as prescribed;

b/ Violating the rules on traveling, way-giving and/or overtaking on a narrow lane;

3. Form of additional sanctions and other measures

Stripping the right to use the captain's license or the means driver's professional certificate for 12 to 24 months for acts of violation of the provisions in Clauses 1 and 2 of this Article, that lead to traffic accidents and cause serious consequences but not to the extent of being examined for penal liability."

28. Phrase "the head of the traffic order and safety police section" mentioned in Clause 5 of Article 101 is amended into "the head of the traffic police section".

29. Phrase "the Head of the Traffic Order Police Department" mentioned in Clause 6 of Article 101 is amended into "the head of the waterway traffic police department".

Article 2.- This Decree takes effect 15 days after its signing. All the previous provisions which are contrary to this Decree are now annulled.

Article 3.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government shall, within their functions and tasks have to guide and organize the implementation of this Decree. The presidents of the People's Committees of the provinces and cities directly under the Central Government shall, basing themselves on the local situation and characteristics as well as their competence, elaborate regulations and plans for the implementation of this Decree.

Article 4.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government, the presidents of the People's Committees of the provinces and cities directly under the Central Government shall have to implement this Decree.

On behalf of the Government

Prime Minister

PHAN VAN KHAI