26 September, 2019
On 16 May 2019, the Government promulgated Decree No. 42/2019/ND-CP on penalties for administrative violations against regulations on fisheries (“Decree 42”), replacing Decree No. 103/2013/ND-CP dated 12 September 2013.
Main contents
Decree 42 deals with administrative violations, penalties, fines, remedial measures against each violation and the authority of each title to make a record and impose a sanction on each administrative violation in the area of fisheries.
According to Decree 42, the maximum fine imposed on an individual is VND1,000,000,000 (which is 10 times higher than the maximum fine regulated in Decree 103). The fines shall be double when applied for an organization which commits the same administrative violation as the individual.
Decree 42 clearly stipulates the fine applied for each violation levels in fisheries, especially for serious violations and violations against regulations on areas banned from fisheries. In addition, an offender may, depending on the nature and seriousness of the breach, also be subjected to one or more 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; and several measures for remedying consequences of the violation in addition to measures regulated by the law on dealing with administrative offences.
Limitation period for handling administrative offences
The limitation period for imposing penalties for fisheries is one (1) year. The limitation period for imposing 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 two (2) years.
Decree 42 took effect on 5 July 2019.
Law on Architecture No. 40/2019/QH14
On 13 June 2019, the Law on Architecture No. 40/2019/QH14 (the “LOA”) was passed by the National Assembly and will come into effect as from 1 July 2020. Below are the key highlights of the LOA:
Architecture must show traditional cultural values
Article 5 of the LOA provides that entities and persons shall be responsible for protecting, conserving and upholding traditional cultural values infused into architectural products. Traditional cultural values in the architecture sector include typical characteristics, features and particular marks in terms of natural, socio-economic, cultural and artistic conditions; habits and customs of involved ethnics; construction techniques and materials, all of which must be incorporated in architectural structures and convey the signature style of Vietnamese architecture.
Architectural advisory council
A national architectural advisory council is established under the Prime Minister‘s decision and Provincial-level architectural advisory councils are established under the decisions of the Chairman / Chairwomen of People’s Committees to give counsel in architecture-related matters and architecture of several important construction projects.
Architecture plan test
Architectural plan test refers to a test designed to select the best architectural plan that meets requirements concerning planning, architecture, culture, socio-economic efficiency, national defence, security and environmental protection.
Under Article 17 of the LOA, the following construction projects shall be subject to the compulsory requirement for participation in the architectural plan test,
including:
(a) Special-class or class-I public construction works; and
(b) Provincial-level central train terminals and civil aviation terminals; bridges inside class-II or higher-level urban areas and inner-city railway stations; statues and construction projects symbolic of tradition, culture and history at localities; important construction projects and landmarks located inside urban areas and along main streets that are specified in urban planning and design schemes and regulations on management of architecture approved by competent authorities.
Requirements for practice of architecture
The person holding the title as the leader of architectural design, the person bearing professional responsibility for architecture who works for entities providing architectural services and self- employed practicing architects must hold the certificate of practice of architecture which can be valid nationwide for the duration of ten (10) years.
Self-employed practicing architects shall render architectural services under contracts with entities and persons specified herein and other provisions of relevant laws according to Article 25 of the LOA.
In addition, entities practicing architecture, including architect's offices, public service organizations or other businesses, shall be organized and operating under the LOA, the 2014 Law on Enterprises and other related laws and regulations.
For further information, please contact:
Dang The Duc, Partner, Indochine Counsel
duc.dang@indochinecounsel.com
