THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No. 137/2004/ND-CP
Hanoi, June 16, 2004
DECREE
PRESCRIBING THE SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE SEA AREAS AND THE CONTINENTAL SHELF OF THE SOCIALIST REPUBLIC OF VIETNAM
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on Organization of the Government;
Pursuant to the July 2, 2002 Ordinance on Handling of Administrative Violations;
Pursuant to the March 28, 1998 Ordinance on Vietnam Coast Guard;
At the proposal of the Defense Minister,
DECREES:
Chapter I
GENERAL PROVISIONS

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Article 1.- Scope of regulation
This Decree provides for sanctions against administrative violations committed by domestic and foreign individuals and organizations operating in all domains in the sea areas and the continental shelf of the Socialist Republic of Vietnam (excluding seaports).
Article 2.- Subjects of application
1. Vietnamese individuals and organizations committing administrative violations in the sea areas and the continental shelf of the Socialist Republic of Vietnam (excluding seaports) shall be also administratively sanctioned under the provisions of this Decree and other law provisions.
2. Foreign individuals and organizations committing administrative violations in the sea areas and the continental shelf of the Socialist Republic of Vietnam (excluding seaports) shall also be administratively sanctioned under the provisions of this Decree and other law provisions, unless otherwise provided for by relevant international agreements which the Socialist Republic of Vietnam has signed or acceded to.
Article 3.- Principles for sanctioning of administrative violations
The principles for sanctioning of administrative violations shall comply with Article 3 of the Ordinance on Handling of Administrative Violations.
Article 4.- Aggravating and extenuating circumstances
The aggravating and extenuating circumstances applied to the sanctioning of administrative violations specified in Chapter II of this Decree shall comply with Article 8 and Article 9 of the Ordinance on Handling of Administrative Violations.
Article 5.- Statute of limitations for sanctioning of administrative violations; time limits for being considered not yet having been handled for administrative violations

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1. The statute of limitations for sanctioning of administrative violations is one year, counting from the date of commission of administrative violations in the environmental, export, import, exit and entry domains; two years for administrative violations in the smuggling and trading of fake goods; past these statutes of limitations, the violators shall not be sanctioned but still be forced to take the remedial measures specified in Clause 3, Article 12 of the Ordinance on Handling of Administrative Violations.
 

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