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GOVERNMENT |
SOCIALIST REPUBLIC OF VIETNAM |
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Number: 04/2020/ND-CP |
Hanoi, January 3, 2020 |
AMENDING AND SUPPLEMENTING SOME ARTICLES OF DECREE NO 31/2016/ND-CP MAY 6, 2016 GOVERNMENT REGULATIONS ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN THE FIELD OF PLANT VARIETIES, PLANT PROTECTION AND QUARANTINE; DECREE NO 90/2017/ND-CP JULY 31, 2017 GOVERNMENT REGULATIONS ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN THE FIELD OF VETERINARY MEDICAL FIELD
Base Law on Government Organization June 19, 2015;
Base Law on Handling of Administrative Violations June 20, 2012;
Base Law on Plant Protection and Quarantine November 25, 2013;
Base Veterinary Law June 19, 2015;
Base Fisheries Law November 21, 2017;
At the request of the Minister of Agriculture and Rural Development; The Government promulgates a Decree amending and supplementing a number of articles of Decree No 31/2016/ND-CP May 6, 2016 of the Government regulating penalties for administrative violations in the fields of plant varieties, plant protection and quarantine; Decree No 90/2017/ND-CP July 31, 2017 of the Government regulating penalties for administrative violations in the field of veterinary medicine.
Article 1. Amending and supplementing a number of articles of Decree No 31/2016/ND-CP May 6, 2016 stipulates penalties for administrative violations in the fields of plant varieties, plant protection and quarantine:
1. Article 2 is amended and supplemented as follows:
“Article 2. Subjects sanctioned for administrative violations
1. Organizations and individuals committing administrative violations related to plant varieties, plant protection and quarantine in the territory of Vietnam.
2. Organizations specified in Clause 1 of this Article include:
a) A state agency commits a violation that is not within the assigned state management tasks;
b) Economic organizations established according to the provisions of Enterprise Law including: Private enterprises, joint stock companies, limited liability companies, partnerships and business dependent units (branches, representative offices);
c) Economic organizations established according to the provisions of Cooperative Law including: Cooperatives, cooperative unions;
d) The organization is established according to the provisions of Investment law including: Domestic investors, foreign investors and economic organizations with foreign investment capital; representative offices and branches of foreign traders in Vietnam; representative offices of foreign trade promotion organizations in Vietnam;
d) Social organizations, socio-political organizations, socio-political-professional organizations, social-professional organizations;
e) Public service units and other organizations as prescribed by law.
3. Households and individual business households that violate the provisions of this Decree will be punished as violators."
2. Some items and points of Article 19 is amended and supplemented as follows:
a) Additional point d Clause 4 Article 19 as follows:
“4. Fine from 3,000,000 VND to 6,000,000 VND for one of the following violations:
d) Bringing objects subject to plant quarantine infected with harmful organisms from an epidemic-declared area to another area, causing the spread of pests, causing property damage of less than 100,000,000 VND.”
b) Add Clause 5a Article 19 as follows:
“5a. A fine from 20,000,000 VND to 30,000,000 VND shall be imposed for the act of bringing objects subject to plant quarantine infected with harmful organisms from an epidemic-declared area to another area, causing the spread of pests and causing property damage. 100,000,000 VND or more in case The agency conducting the proceedings shall decide not to prosecute the criminal case, decide to cancel the decision to prosecute the criminal case, decide to suspend the investigation or decide to suspend the case.”
c) Point b, point c Clause 6 Article 19 is amended and supplemented as follows:
“6. Remedial measures
b) Forced destruction of plant varieties, breeding materials, and harmful organisms for violations specified in Clauses 4, 5 and 5a of this Article;
c) Forced to return illegal profits obtained from committing administrative violations specified in Point d, Clause 4, Clause 5, Clause 5a of this Article.”
3. Some items and points of Article 20 is amended and supplemented as follows:
a) Add points d and dd Clause 4 Article 20 as follows:
“4. Fine from 10,000,000 VND to 20,000,000 VND for one of the following violations:
d) Bringing into the territory of Vietnam objects subject to plant quarantine without a Plant Quarantine Certificate from the exporting country, except in cases where it is approved by a specialized agency for plant protection and quarantine of the Ministry of Agriculture. and Rural Development certification;
d) Bringing into the territory of Vietnam objects subject to plant quarantine without complying with the provisions of law on quarantine, causing the spread of pests, causing property damage of less than 100,000,000 VND.”
b) Add point e Clause 5 Article 20 as follows:
“5. Fine from 20,000,000 VND to 30,000,000 VND for one of the following violations:
e) Bringing into the territory of Vietnam objects subject to plant quarantine without complying with the provisions of law on quarantine, causing the spread of pests, causing property damage of 100,000,000 VND or more in case of The agency conducting the proceedings shall decide not to prosecute the criminal case, decide to cancel the decision to prosecute the criminal case, decide to suspend the investigation or decide to suspend the case.”
c) Points a, b, dd Clause 6 Article 20 is amended and supplemented as follows:
“6. Remedial measures
a) Forced re-export or destruction of objects subject to plant quarantine for violations specified in Point b, Clause 1, Point d, Clause 5 of this Article;
b) Forced removal of objects subject to plant quarantine from the territory of Vietnam for violations specified in Point d, Clause 4 in case of violation for the third time or more, Point c, Clause 2, Point c Clause 5 of this Article; for violations specified in Point a, Clause 5 of this Article in case of repeat violations. After 30 days from the date of receiving the sanctioning decision from the competent state management agency, if the object subject to plant quarantine has not been taken out of the Vietnamese territory, the competent person shall specified in Clause 4, Article 33 of this Decree, issue a decision to destroy, unless there is a legitimate reason;
d) Forced to thoroughly handle plant quarantine objects contaminated with plant quarantine objects by one of the handling measures specified in Clauses 2 and 3, Article 34 of the Law on Plant Protection and Quarantine 2019 2013 for violations specified in Point dd, Clause 4 and Point dd, Point e, Clause 5 of this Article.”
4. Some items and points of Article 24 is amended and supplemented as follows:
a) Clause 4, Clause 5, Clause 6, Clause 7 and Point c Clause 8 Article 24 is amended and supplemented as follows:
“4. Fine from 20,000,000 VND to 25,000,000 VND for manufacturing pesticides not listed in the List of pesticides allowed for use in Vietnam with a value of less than 200,000,000 VND or illegal profits under VND 100,000,000 unless there is an Import License specified in Clause 2, Article 67 of the Law on Plant Protection and Quarantine.
5. Fine from 25,000,000 VND to 35,000,000 VND for manufacturing pesticides on the List of pesticides banned from use in Vietnam with a volume of less than 30 kilograms (or 30 liters). finished medicine.
6. Fine from 40,000,000 VND to 45,000,000 VND for manufacturing pesticides on the List of pesticides banned from use in Vietnam with a volume of 30 kilograms (or 30 liters) less than 50 kilograms (or 50 liters) of finished medicine.
7. Fine from 45,000,000 VND to 50,000,000 VND for one of the following acts:
a) Producing pesticides on the List of pesticides banned from use in Vietnam with a volume of 50 kilograms (or 50 liters) of finished product or more in case of The agency conducting the proceedings has decided not to prosecute the criminal case, decided to cancel the decision to prosecute the criminal case, decided to suspend the investigation or decided to suspend the case;
b) Producing pesticides not listed in the List of pesticides permitted for use in Vietnam with a value of 200,000,000 VND or more or making illegal profits of 100,000,000 VND or more, except in cases where there is an import license specified in Clause 2, Article 67 of the Law on Plant Protection and Quarantine When The agency conducting the proceedings has a decision not to prosecute a criminal case, a decision to annul the decision to prosecute a criminal case, a decision to suspend the investigation or a decision to suspend the case.
8. Additional sanctions
c) Suspension of the right to use the Certificate of eligibility to produce pesticides from 06 months to 12 months for violations specified in Clauses 5, 6 and 7 of this Article.”
b) Additional point d Clause 9 Article 24 as follows:
“9. Remedial measures
d) Forced to return illegal profits obtained from committing administrative violations specified in Clauses 4, 5, 6 and 7 of this Article.”
5. Article 25 is amended and supplemented as follows:
“Article 25. Violations of regulations on trade in pesticides
1. A fine from 1,000,000 VND to 2,000,000 VND for one of the following violations of plant protection drug trading:
a) Trading pesticides together with other goods such as: Food, foodstuffs, beverages, animal feed, aquatic feed, medical drugs, veterinary drugs;
b) Trading expired pesticides; Medicines that do not ensure quality or do not conform to corresponding technical regulations and are worth less than 5,000,000 VND;
c) Trading in pesticides when the Certificate of eligibility to trade in pesticides has expired;
d) Failure to fully maintain the conditions for trading pesticides as prescribed in Article 63 of the Law on Plant Protection and Quarantine during business operations.
2. Fine from 3,000,000 VND to 5,000,000 VND for one of the following violations of plant protection drug trading:
a) Trading expired pesticides; Drugs that do not ensure quality or do not conform to corresponding technical regulations with a value of from 5,000,000 VND to less than 15,000,000 VND;
b) Trading in pesticides on the List of pesticides banned from use in Vietnam with a volume of less than 3 kilograms (or 3 liters) of finished medicine;
c) Trading in pesticides without a Certificate of eligibility to trade in pesticides;
d) Trading in pesticides not listed in the List of pesticides permitted for use in Vietnam with a value of less than 5,000,000 VND.
3. Fine from 5,000,000 VND to 10,000,000 VND for one of the following violations of plant protection drug trading:
a) Trading expired pesticides; Drugs that do not ensure quality or do not conform to corresponding technical regulations with a value of from 15,000,000 VND to less than 30,000,000 VND;
b) Trading in pesticides on the List of pesticides banned from use in Vietnam with a volume of from 3 kilograms (or 3 liters) to less than 5 kilograms (or 5 liters) of finished drug;
c) Trading pesticides in the form of glass syringes;
d) Selling pesticides used for fumigation and disinfection to people who do not have a practice card for handling plant quarantine objects or organizations that do not have a practicing certificate for handling plant quarantine objects object;
d) Instructions for use for buyers of pesticides are not consistent with the contents on the pesticide label;
e) Trading in pesticides while the trading activities are suspended, the right to use is revoked or the certificate of eligibility for drug trading is revoked;
g) Trading in pesticides not listed in the List of pesticides permitted for use in Vietnam with a value of from 5,000,000 VND to under 15,000,000 VND.
4. Fine from 10,000,000 VND to 20,000,000 VND for one of the following violations of plant protection drug trading:
a) Trading expired pesticides; Drugs that do not ensure quality or do not conform to corresponding technical regulations with a value of from 30,000,000 VND to less than 50,000,000 VND;
b) Trading in pesticides on the List of pesticides banned from use in Vietnam with a volume of from 5 kilograms (or 5 liters) to less than 10 kilograms (or 10 liters) of finished drugs;
c) Trading in pesticides not listed in the List of pesticides permitted for use in Vietnam with a value of from 15,000,000 VND to under 30,000,000 VND.
5. Fine from 20,000,000 VND to 30,000,000 VND for one of the following violations of plant protection drug trading:
a) Trading expired pesticides; Drugs that do not ensure quality or do not conform to corresponding technical regulations with a value of from 50,000,000 VND to less than 100,000,000 VND;
b) Trading in pesticides on the List of pesticides banned from use in Vietnam with a volume of from 10 kilograms (or 10 liters) to less than 20 kilograms (or 20 liters) of finished drugs;
c) Trading in pesticides not listed in the List of pesticides permitted for use in Vietnam with a value of from 30,000,000 VND to under 50,000,000 VND.
6. Fine from 30,000,000 VND to 40,000,000 VND for one of the following violations of plant protection drug trading:
a) Trading expired pesticides; Drugs that do not ensure quality or do not conform to corresponding technical regulations with a value of from 100,000,000 VND to less than 200,000,000 VND;
b) Trading in pesticides on the List of pesticides banned from use in Vietnam with a volume of from 20 kilograms (or 20 liters) to less than 30 kilograms (or 30 liters) of finished drugs;
c) Trading in pesticides not listed in the List of pesticides permitted for use in Vietnam with a value of from 50,000,000 VND to under 100,000,000 VND.
7. Fine from 40,000,000 VND to 45,000,000 VND for one of the following violations of plant protection drug trading:
a) Trading expired pesticides; Drugs that do not ensure quality or do not conform to corresponding technical regulations with a value of 200,000,000 VND or more;
b) Trading in pesticides on the List of pesticides banned from use in Vietnam with a volume of from 30 kilograms (or 30 liters) to less than 50 kilograms (or 50 liters) of finished drugs;
c) Trading in pesticides not listed in the List of pesticides permitted for use in Vietnam with a value of from 100,000,000 VND to under 200,000,000 VND.
8. Fine from 45,000,000 VND to 50,000,000 VND for one of the following violations:
a) Trading in pesticides on the List of pesticides banned from use in Vietnam with a volume of 50 kilograms (or 50 liters) of finished drug or more in the case of The agency conducting the proceedings has decided not to prosecute the criminal case, decided to cancel the decision to prosecute the criminal case, decided to suspend the investigation or decided to suspend the case;
b) Trading pesticides not on the List of pesticides permitted for use in Vietnam with a value of 200,000,000 VND or more or making illegal profits of 100,000,000 VND or more, except in cases where there is an import license specified in Clause 2, Article 67 of the Law on Plant Protection and Quarantine When The agency conducting the proceedings has a decision not to prosecute a criminal case, a decision to annul the decision to prosecute a criminal case, a decision to suspend the investigation or a decision to suspend the case.
a) Deprive the right to use the Certificate of eligibility to trade in pesticides from 01 month to 03 months for violations specified in Points b and c, Clause 4; Point b, Point c Clause 5 and Point b, Point c Clause 6 of this Article.
b) Revoke the right to use the Certificate of eligibility to trade in pesticides from 03 months to 06 months for violations specified in Points b and c, Clause 7 and Clause 8 of this Article.
a) Force recall and return to the manufacturer or distributor for destruction or recycling of drugs that are still capable of being recycled for expired drugs, drugs that do not meet quality standards and corresponding technical regulations. specified in Point b Clause 1, Point a Clause 2, Point a Clause 3, Point a Clause 4, Point a Clause 5, Point a Clause 6 and Point a Clause 7 of this Article;
b) Forced destruction of pesticides on the List of pesticides banned from use in Vietnam, drugs not on the List of pesticides permitted for use in Vietnam, drugs in syringe form glass for violations specified in Points b and d, Clause 2; Points b, c, g Clause 3; Points b and c Clause 4; Points b and c Clause 5; Points b and c, Clause 6; Points b, c, Clause 7 and Clause 8 of this Article.”
6. Some items of Article 36 is amended and supplemented as follows:
a) Title Clause 3 Article 36 is amended and supplemented as follows:
“3. The Director of the Provincial Market Management Department and the Director of the Market Management Operations Department under the General Department of Market Management have the right to:”
b) Title Clause 4 Article 36 is amended and supplemented as follows:
“4. The Director General of the General Department of Market Management has the right to:”
7. Clause 2, Clause 4 and Clause 5 Article 39 is amended and supplemented as follows:
“Article 39. Determination of sanctioning authority of the People's Police, Customs, Market Management, Border Guard and Coast Guard
2. Competent persons of the Customs agency have the authority to sanction administrative violations, have the right to apply additional sanctions and remedial measures for administrative violations of regulations. specified in Article 8; Points d and dd Clause 2 Article 12; Article 17; Point b, Clause 4, Article 19; Article 20; Article 22; Article 28 and Article 30 of this Decree according to the authority specified in Article 35 of this Decree and assigned functions, tasks and powers.
4. Competent persons of the border guard force have the authority to sanction administrative violations, have the right to apply additional sanctions and remedial measures for administrative violations. main provisions in Article 17; Clause 1, Article 18; Clause 4, Clause 5, Clause 5a Article 19; Article 20; Article 27; Clause 6, Article 28 of this Decree according to the authority specified in Article 37 of this Decree and assigned functions, tasks and powers.
5. Competent persons of the Coast Guard have the authority to sanction administrative violations, and have the right to apply additional sanctions and remedial measures for administrative violations. stipulated in Article 17; Clause 1, Article 18; Clause 4, Clause 5, Clause 5a Article 19; Article 20; Article 27; Clause 6, Article 28 of this Decree according to the authority specified in Article 38 of this Decree and assigned functions, tasks and powers.”
Article 2. Amending and supplementing a number of articles of Decree No 90/2017/ND-CP July 31, 2017 stipulates sanctions for administrative violations in the field of veterinary medicine:
1. Add clause 3, clause 4 Article 2 as follows:
“3. Organizations specified in Clause 1 of this Article include:
a) A state agency commits a violation that is not within the assigned state management tasks;
b) Economic organizations established according to the provisions of Enterprise Law including: Private enterprises, joint stock companies, limited liability companies, partnerships and business dependent units (branches, representative offices);
c) Economic organizations established according to the provisions of Cooperative Law including: Cooperatives, cooperative unions;
d) The organization is established according to the provisions of Investment law including: Domestic investors, foreign investors and economic organizations with foreign investment capital; representative offices and branches of foreign traders in Vietnam; representative offices of foreign trade promotion organizations in Vietnam;
d) Social organizations, socio-political organizations, socio-political-professional organizations, social-professional organizations;
e) Public service units and other organizations as prescribed by law.
4. Households and individual business households that violate the provisions of this Decree will be punished as violators."
2. Amending and supplementing a number of clauses and points of Article 6 as follows:
a) Add Clause 5a and Clause 5b Article 6 as follows:
“5a. A fine from 20,000,000 VND to 30,000,000 VND shall be imposed for violations specified in Clause 5 of this Article that cause damage to property valued at less than 100,000,000 VND.
5b. A fine from 30,000,000 VND to 40,000,000 VND shall be imposed for violations specified in Clause 5 of this Article that cause property damage valued at 100,000,000 VND or more in cases where the agency prosecutes. There is a decision not to prosecute a criminal case, a decision to annul the decision to prosecute a criminal case, a decision to suspend the investigation or a decision to suspend the case.”
b) Point b, Clause 6, Article 6 is amended and supplemented as follows:
“6. Remedial measures
b) Forced destruction of animals, animal products and animal waste for violations specified in Clause 4, Clause 5, Clause 5a and Clause 5b of this Article.”
3. Title Clause 2 Article 7 is amended and supplemented as follows:
“2. Fine from 1,000,000 VND to 2,000,000 VND for one of the following acts:”
4. Some items and points of Article 8 is amended and supplemented as follows:
a) Add Clause 5a and Clause 5b Article 8 as follows:
“5a. A fine from 10,000,000 VND to 15,000,000 VND shall be imposed for violations specified in Point a, Clause 5 of this Article that cause damage to property valued at less than 100,000,000 VND.
5b. A fine of from 15,000,000 VND to 20,000,000 VND shall be imposed for violations specified in Point a, Clause 5 of this Article that cause property damage valued at 100,000,000 VND or more in case the agency conducts The prosecutor has a decision not to prosecute a criminal case, a decision to cancel a decision to prosecute a criminal case, a decision to suspend the investigation or a decision to suspend the case.
b) Add Clause 6a and Clause 6b Article 8 as follows:
“6a. A fine from 15,000,000 VND to 20,000,000 VND shall be imposed for violations specified in Clause 6 of this Article that cause damage to property valued at less than 100,000,000 VND.
6b. A fine from 20,000,000 VND to 30,000,000 VND shall be imposed for violations specified in Clause 6 of this Article that cause property damage valued at 100,000,000 VND or more in case the agency prosecutes. There is a decision not to prosecute a criminal case, a decision to annul the decision to prosecute a criminal case, a decision to suspend the investigation or a decision to suspend the case.”
c) Add Clause 7a, Clause 7b Article 8 as follows:
“7a. A fine from 20,000,000 VND to 30,000,000 VND shall be imposed for violations specified in Clause 7 of this Article that cause damage to property valued at less than 100,000,000 VND.
7b. A fine from 30,000,000 VND to 40,000,000 VND shall be imposed for violations specified in Clause 7 of this Article that cause property damage valued at 100,000,000 VND or more in cases where the agency prosecutes. There is a decision not to prosecute a criminal case, a decision to annul the decision to prosecute a criminal case, a decision to suspend the investigation or a decision to suspend the case.”
d) Point b Clause 8 Article 8 is amended and supplemented as follows:
"8. Remedial measures:
b) Forced destruction of animals and animal products for violations specified in Points a and dd, Clause 4, Clause 5, Clause 5a, Clause 5b, Clause 6, Clause 6a, Clause 6b, Clause 7, Clause 7a and Clause 7b of this Article.”
5. Some points of Clause 3 Article 12 is amended and supplemented as follows:
a) Point a, Clause 3, Article 12 is amended and supplemented as follows:
“a) Forced quarantine of aquatic animals and animal products for violations specified in Point a, Clause 2 (except aquatic animal breeds); Clause 1 of this Article;”
b) Add point c Clause 3 Article 12 as follows:
“c) Forced destruction of aquatic animal breeds for violations specified in Point a, Clause 2 of this Article.”
6. Some items and points of Article 15 is amended and supplemented as follows:
a) Clause 2 Article 15 is amended and supplemented as follows:
“2. Fine from 6,000,000 VND to 7,000,000 VND for one of the following acts:
a) Bringing imported animals and animal products to process exported goods at a processing facility at the wrong place of registration;
b) Importing animal products used as food without the name of the production facility and production facility code on the packaging label according to the list of businesses of countries eligible to export animal products to Vietnam ;
c) Importing animal products used as food with the name of the production facility and production facility code on the packaging label not according to the list of businesses of countries eligible to export animal products to Vietnam ;
d) Importing animal products used for food that have the name of the production facility and code on the packaging label inconsistent with the information recorded on the Quarantine Certificate of the exporting country.”
b) Add Clause 6a Article 15 as follows:
“6a. Fine from 20,000,000 VND to 30,000,000 VND for people entering or transiting Vietnamese territory when bringing fresh, semi-processed or processed animal products from countries or territories with epidemics. dangerous animal on that animal.”
c) Add point c Clause 7 Article 15 as follows:
“7. Fine from 10% to 15% value of the shipment but not exceeding 50 million VND for one of the following acts:
c) Importing animal products that are changed in color, taste, contaminated with insects, or runny water that does not meet veterinary hygiene requirements.”
d) Clause 10 Article 15 is amended and supplemented as follows:
“10. Fines for bringing into Vietnamese territory disease specimens and agents that cause diseases to animals without permission from a competent veterinary agency are as follows:
a) Fine from 30,000,000 VND to 40,000,000 VND for violations that do not cause property damage;
b) Fine from 40,000,000 VND to 50,000,000 VND for violations that cause damage to property valued at less than 100,000,000 VND;
c) Fine from 50,000,000 VND to 60,000,000 VND for violations that cause property damage valued at 100,000,000 VND or more in case the agency conducting the proceedings decides not to prosecute a criminal case, decide to annul the decision to prosecute a criminal case, decide to suspend the investigation or decide to suspend the case.”
D) Point b, point c and point e Clause 11 Article 15 is amended and supplemented as follows:
“11. Remedial measures:
b) Forced destruction of animal products and clinical samples for violations specified in Point b Clause 1, Point d Clause 4 and Clause 6a of this Article;
c) Forced re-export of animals and animal products for violations specified in Point b Clause 3 and Point d Clause 5 of this Article;
e) Forced re-export or destruction of animals, animal products, and medical specimens for violations specified in Clause 6, Point c, Clause 7, Clause 8, Clause 9 and Clause 10 of this Article.”
7. Clause 5 Article 17 is amended and supplemented as follows:
a) Forced re-quarantine of animals and animal products for violations specified in Clause 3 of this Article (except for aquatic animal breeds);
b) Forced destruction of animals and animal products for violations specified in Clause 3 of this Article in the case of aquatic animal breeds; In case quarantine detects diseased animals or animal products carrying dangerous infectious diseases on the List of animal diseases subject to epidemic declaration."
8. Some items and points of Article 20 is amended and supplemented as follows:
a) Clause 10 Article 20 is amended and supplemented as follows:
“10. A fine from 40,000,000 VND to 50,000,000 VND shall be imposed for transporting, trading, storing, or slaughtering animals for food while those animals are sedated without following the instructions of the Department of Health. manufacturer or competent veterinary management agency.”
b) Point b Clause 12 Article 20 is amended and supplemented as follows:
"twelfth. Additional penalties:
b) Suspend the operation of the establishment from 01 to 03 months for violations specified in Clauses 7, 8 and 9 of this Article;”
c) Point c Clause 13 Article 20 is amended and supplemented as follows:
“13. Remedial measures:
c) Forced destruction of animals and animal products for violations specified in Clause 5, Clause 9, Clause 10 and Clause 11 of this Article.”
9. Some items of Article 33 is amended and supplemented as follows:
a) Clause 7 Article 33 is amended and supplemented as follows:
“7. Fines for producing each type of veterinary drug that is not on the List of veterinary drugs permitted for circulation in Vietnam or have not been permitted by a competent authority are as follows:
a) Fine from 20,000,000 VND to 25,000,000 VND for producing each type of veterinary drug that is not on the List of veterinary drugs permitted for circulation in Vietnam or has not been permitted by a competent authority valued under 200,000,000 VND or illegally obtained under 100,000,000 VND;
b) Fine from 25,000,000 VND to 30,000,000 VND for producing each type of veterinary drug that is not on the List of veterinary drugs permitted for circulation in Vietnam or has not been permitted by a competent authority. value of 200,000,000 VND or more or illegal profits of 100,000,000 VND or more in case the agency conducting the proceedings decides not to prosecute a criminal case, decides to cancel the decision to prosecute criminal case, decision to suspend investigation or decision to suspend the case.”
b) Clause 8 Article 33 is amended and supplemented as follows:
“8. Fines for producing each type of veterinary drug included in the List of veterinary drugs banned from use in Vietnam are as follows:
a) A fine of from 40,000,000 VND to 50,000,000 VND shall be imposed for producing each type of veterinary drug on the List of veterinary drugs banned from use in Vietnam with a value of less than 100,000,000 VND or making illegal profits. value under 50,000,000 VND;
b) Fine from 50,000,000 VND to 60,000,000 VND for manufacturing each type of veterinary drug on the List of veterinary drugs banned from use in Vietnam with a value of 100,000,000 VND or more or a fine Illegal profits worth 50,000,000 VND or more in case the agency conducting the proceedings decides not to prosecute a criminal case, decides to cancel the decision to prosecute a criminal case, decides to suspend investigation or decide to suspend the case.”
c) Add point c Clause 10 Article 33 as follows:
"ten. Remedial measures:
c) Forced to return illegal profits obtained from committing administrative violations specified in Clauses 7 and 8 of this Article.”
10. Some items of Article 36 is amended and supplemented as follows:
a) Clause 3 Article 36 is amended and supplemented as follows:
“3. Fines for trading each type of veterinary drug that is not on the List of veterinary drugs permitted for circulation in Vietnam or has not been permitted by a competent authority are as follows:
a) Fine from 10,000,000 VND to 12,000,000 VND for trading each type of veterinary drug that is not on the List of veterinary drugs permitted for circulation in Vietnam or has not been permitted by a competent authority valued under 200,000,000 VND or illegally obtained under 100,000,000 VND;
b) Fine from 12,000,000 VND to 15,000,000 VND for trading each type of veterinary drug that is not on the List of veterinary drugs permitted for circulation in Vietnam or has not been permitted by a competent authority. value of 200,000,000 VND or more or illegal profits of 100,000,000 VND or more in case the agency conducting the proceedings decides not to prosecute a criminal case, decides to cancel the decision to prosecute criminal case, decision to suspend investigation or decision to suspend the case.”
b) Clause 5 Article 36 is amended and supplemented as follows:
“5. Fines for trading each type of veterinary drug included in the List of veterinary drugs banned from use in Vietnam are as follows:
a) A fine from 25,000,000 VND to 30,000,000 VND shall be imposed for trading each type of veterinary drug on the List of veterinary drugs banned from use in Vietnam with a value of less than 100,000,000 VND or making illegal profits. value under 50,000,000 VND;
b) Fine from 30,000,000 VND to 40,000,000 VND for trading each type of veterinary drug on the List of veterinary drugs banned from use in Vietnam with a value of 100,000,000 VND or more or collecting Illegal profits worth 50,000,000 VND or more in case the agency conducting the proceedings decides not to prosecute a criminal case, decides to cancel the decision to prosecute a criminal case, decides to suspend investigation or decide to suspend the case.”
c) Additional point d Clause 7 Article 36 as follows:
"ten. Remedial measures:
d) Forced to return illegal profits obtained from committing administrative violations specified in Clauses 3 and 5 of this Article.”
11. Some items of Article 49 is amended and supplemented as follows:
a) Title Clause 3 Article 49 is amended and supplemented as follows:
“3. The Director of the Provincial Market Management Department and the Director of the Market Management Professional Department under the General Department of Market Management have the right to:”
b) Title Clause 4 Article 49 is amended and supplemented as follows:
“4. The Director General of the General Department of Market Management has the right to:”
12. Article 50 is amended and supplemented as follows:
“Article 50. Determination of sanctioning authority of the People's Police, Border Guard, Coast Guard, Customs and Market Management
1. Competent persons of the People's Police have the authority to sanction administrative violations, have the right to apply additional forms of sanctions and remedial measures for administrative violations in veterinary field specified in Clause 6, Clause 7, Clause 8, Article 5; Clause 3, Clause 4, Clause 5, Clause 5a, Clause 5b Article 6; Point b Clause 2, Point a Clause 7 Article 7; Clause 3, Clause 4, Clause 5, Clause 5a, Clause 5b, Clause 6, Clause 6a, Clause 6b, Clause 7, Clause 7a, Clause 7b Article 8; Point b Clause 1, Clause 2, Clause 4 Article 11; Clause 2, Article 12; Article 17; Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, Clause 11 Article 20; Article 21; Article 22; Article 23; Article 27; Clause 7, Clause 8, Article 33; Clause 3, Clause 4, Clause 5, Article 36 of this Decree according to assigned functions, tasks and powers.
2. Competent persons of the Border Guard have the authority to sanction administrative violations, have the right to apply additional sanctions and remedial measures for administrative violations in veterinary field specified in Clause 6, Article 5; Clause 3, Clause 4, Clause 5, Clause 5a, Clause 5b Article 6; Point b Clause 4, Clause 5, Clause 5a, Clause 5b, Clause 6, Clause 6a, Clause 6b, Clause 7, Clause 7a, Clause 7b Article 8; Article 14; Clause 1, Clause 3, Clause 4, Clause 5, Clause 6, Clause 6a, Clause 7, Clause 8, Clause 9, Clause 10 Article 15; Article 16; Article 18; Article 19; Clause 2, Article 37; Clause 3, Article 38 of this Decree according to assigned functions, tasks and powers.
3. Competent persons of the Coast Guard have the authority to sanction administrative violations, have the right to apply additional sanctions and remedial measures for administrative violations in the field of administrative violations. Veterinary medicine occurs in the seas and continental shelf of the Socialist Republic of Vietnam as prescribed in Clause 6, Article 5; Clause 3, Clause 5, Clause 5a, Clause 5b Article 6; Clause 5, Clause 5a, Clause 5b, Clause 6, Clause 6a, Clause 7, Clause 7a, Clause 7b Article 8; Clause 2, Clause 3, Clause 4 Article 11; Article 12; Article 13; Article 14; Point a Clause 1, Point a, Point b Clause 3, Clause 5, Clause 6, Clause 6a, Clause 7, Clause 8, Clause 9, Clause 10 Article 15; Article 16; Article 17; Article 18; Article 19; Clause 2, Article 37; Clause 3, Article 38 of this Decree according to assigned functions, tasks and powers.
4. Customs authorities have the authority to sanction administrative violations, have the right to apply additional sanctions and remedial measures for administrative violations in the field of veterinary medicine specified in Article 14, Article 15, Article 16, Article 18, Article 19; Clause 2, Article 37; Clause 3, Article 38; Clause 1, Article 39 of this Decree according to assigned functions, tasks and powers.
5. Competent persons of Market Management have the authority to sanction administrative violations, have the right to apply additional sanctions and remedial measures for administrative violations in the field of veterinary sector specified in Clause 6, Clause 7, Clause 8, Article 5; Clause 3, Clause 4, Clause 5, Clause 5a, Clause 5b Article 6; Clause 5, Clause 7, Article 7; Article 8; Article 11; Article 12; Article 17; Clause 2, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, Clause 11 Article 20; Article 21; Article 22; Article 23; Article 24; Article 25; Article 26; Article 27; Article 34; Article 35; Article 36; Article 40; Clause 2, Clause 3, Article 42 of this Decree according to assigned functions, tasks and powers.”
1. Repeal Point b Clause 2 Article 19, Point b Clause 2 Article 20 Decree No. 31/2016/ND-CP May 6, 2016 of the Government stipulating penalties for administrative violations in the fields of plant varieties, plant protection and quarantine.
2. Repeal Point d Clause 13 Article 20 Decree 90/2017/ND-CP July 31, 2017 of the Government regulating penalties for administrative violations in the field of veterinary medicine.
3. Change the word "animal feed" to "animal feed, aquatic feed" at Clause 6, Article 15; from "animal husbandry" to "animal husbandry, aquaculture" at Point a Clause 9, Clause 11 Article 20 Decree 90/2017/ND-CP July 31, 2017 of the Government regulating penalties for administrative violations in the field of veterinary medicine.
Article 4. Implementation effect
This Decree takes effect from February 18, 2020.
Article 5. Transitional regulations
For administrative violations that occurred before the effective date of this Decree but were later discovered or are being considered and resolved, regulations that benefit the violating individuals and organizations will apply.
Article 6. Responsibility for implementation
Ministers, Heads of ministerial-level agencies, Heads of Government agencies, and Chairmen of People's Committees of provinces and centrally run cities are responsible for guiding and implementing this Decree./.
| Recipients: – Party Central Committee Secretariat; – Prime Minister, Deputy Prime Ministers; – Ministries, ministerial-level agencies, and agencies under the Government; – People's Councils and People's Committees of provinces and centrally run cities; – Central Office and Party Committees; – Office of the General Secretary; - Office of the President; – Nationalities Council and Committees of the National Assembly; - Congress office; - Supreme People's Court; - People's Procuratorate of the Supreme; – National Financial Supervisory Commission; – State Audit; – Social Policy Bank; - Vietnam Development Bank; – Central Committee of Vietnam Fatherland Front; – Central agency of unions; – VPCP: BTCN, PCNs, Assistant President. General Director of Electronic Information Portal, Departments, Bureaus, affiliated units, Official Gazette; – Saved: VT, NN (2b). |
TM. GOVERNMENT
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Source: GOVERNMENT ELECTRONIC INFORMATION PORTAL
