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GOVERNMENT |
SOCIALIST REPUBLIC OF VIETNAM |
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No: 31/2016/ND-CP |
Hanoi, May 6, 2016 |
DECREE
REGULATIONS ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN THE FIELD OF PLANT VARIETIES, PLANT PROTECTION AND QUARANTINE
Base Law on Government Organization June 19, 2015;
Base Law on Handling of Administrative Violations June 20, 2012;
Base Intellectual property law November 29, 2005 and Law amending and supplementing a number of Articles of the Intellectual Property Law June 19, 2009;
Base Law on Plant Protection and Quarantine November 25, 2013;
Base Ordinance on Plant Varieties March 24, 2004;
At the request of the Minister of Agriculture and Rural Development,
The Government promulgates a Decree regulating penalties for administrative violations in the fields of plant varieties, plant protection and quarantine.
Chapter I
GENERAL RULES
Article 1. Scope
1. This Decree regulates violations, forms of punishment, penalty levels, remedial measures for administrative violations, authority to impose penalties and authority to make records of administrative violations. mainly in the field of plant varieties, plant protection and quarantine.
2. Administrative violations regarding plant varieties, plant protection and quarantine specified in this Decree include:
a) Violating regulations on plant varieties;
b) Violating regulations on plant protection, plant quarantine and plant protection drugs.
3. Other administrative violations in the field of plant varieties, plant protection and quarantine that are not specified in this Decree, the provisions of other Government decrees on penalties for violations shall apply. administrative in the field of state management related to sanction.
Article 2. Subjects sanctioned for administrative violations
This Decree applies to organizations and individuals that commit administrative violations related to plant varieties, plant protection and quarantine in the territory of Vietnam.
Article 3. Statute of limitations for sanctioning administrative violations
1. The statute of limitations for sanctioning administrative violations in the field of plant varieties, plant protection and quarantine is one year, except for cases of administrative violations of intellectual property with respect to plant varieties; producing, exporting, importing, and trading in plant varieties, pesticides, plants, and plant products, the statute of limitations for administrative sanctions is two years.
2. The time to calculate the statute of limitations for sanctioning administrative violations specified in Clause 1 of this Article shall comply with the provisions of Point b Clause 1 Article 6 of the Law on Handling of Administrative Violations.
Article 4. Forms of sanctions and remedial measures
1. For each administrative violation in the field of plant varieties, plant protection and quarantine, organizations and individuals must be subject to one of the main forms of sanction: warning or fine.
2. Depending on the nature and severity of the violation, the violating organization or individual may also be subject to the following additional sanctions:
a) Deprivation of the right to use licenses and practice certificates for a limited period of time, including: Practice certificates representing rights to plant varieties; Plant variety rights appraiser card; Certificate of recognition of first-generation plants and first-generation plant gardens; Decision on appointment of plant variety testing; Certificate of practice in handling objects subject to plant quarantine; Practicing card for handling objects subject to plant quarantine; Certificate of eligibility for pesticide production; Certificate of eligibility to trade plant protection drugs; License to import plant protection drugs; License to test pesticides; Import plant quarantine permit;
b) Suspension of operations for a limited period of time;
c) Confiscation of exhibits and means used for administrative violations in the fields of plant varieties, plant protection and quarantine.
3. In addition to the remedial measures specified in Points a, c, d, dd, e, g, h, i Clause 1 Article 28 Law on Handling of Administrative Violations, This Decree stipulates the following remedial measures:
a) Forced conversion of the purpose of using plant varieties;
b) Force the implementation of labeling for seed sources;
c) Forced to create a record to monitor the supply of propagating materials;
d) Force the transfer of rights to use plant varieties;
d) Forced to pay remuneration to plant variety authors according to regulations;
e) Compelled to properly perform the obligation to help the holder of the Protection Certificate maintain the propagation material of the protected plant variety;
g) Forced recycling of plant protection drugs that can still be recycled are drugs with active ingredient content of 70% or higher compared to announced applicable standards and corresponding technical regulations;
h) Compulsory compliance with anti-epidemic measures when there is a decision to declare plant pests;
i) Forced treatment of wooden packaging according to regulations;
k) Forced to thoroughly handle plant quarantine objects contaminated with plant quarantine objects;
l) Forced cancellation of performed testing results;
m) Forced to change labels according to regulations.
Article 5. Regulations on fine levels and fine authority
1. The maximum fine in the field of plant varieties, plant protection and quarantine for individuals is 50,000,000 VND, for organizations is 100,000,000 VND.
2. The fines specified in this Decree are the fines applied to administrative violations committed by individuals. For organizations that commit the same violation, the fine is 02 (two) times the fine for individuals.
3. The authority to sanction administrative violations of the people specified in this Decree is the authority applicable to an individual's administrative violation; In case of fine, the authority to sanction the organization is 2 (two) times the authority to sanction personal.Additional
ADMINISTRATIVE VIOLATIONS, FORMS, LEVELS OF PENALTIES AND REMEDIAL MEASURES IN THE FIELD OF PLANT VEEDS
Article 6. Violations of regulations on management, use and conservation of plant genetic resources in conservation areas
1. Fines from 3,000,000 VND to 5,000,000 VND for violations of exploiting or using plant genetic resources in conservation areas beyond the limits allowed by competent state agencies.
2. Fines from 7,000,000 VND to 10,000,000 VND for violations of exploiting and using plant genetic resources in conservation areas without permission from competent state agencies.
3. Fine from 10,000,000 VND to 15,000,000 VND for one of the following violations:
a) Appropriating genetic resources in conservation areas;
b) Destroying genetic resources of plant varieties in conservation areas, in cases where the original condition can be restored.
4. Fine from 15,000,000 VND to 20,000,000 VND for violations of destroying genetic resources of plant varieties in the conservation area to the extent that the original condition cannot be restored.
Confiscate evidence and means of violation for violations specified in Clauses 2, 3 and 4 of this Article.
Forced restoration of the original state for violations specified in Point b, Clause 3 of this Article.
Article 7. Violations of regulations on collection and conservation of rare plant genetic resources in the List of rare plant genetic resources in need of conservation
1. Fine from 15,000,000 VND to 20,000,000 VND for one of the following violations:
a) Appropriating rare genetic resources in conservation areas;
b) Destroying rare genetic resources in the conservation area, in cases where the original condition can be restored.
2. Fines from 30,000,000 VND to 40,000,000 VND for violations of destroying genetic resources of rare plants that need to be preserved to the point where the original condition cannot be restored.
Confiscate evidence and means of violation for violations specified in Clauses 1 and 2 of this Article.
Forced restoration of the original state for violations specified in Point b, Clause 1 of this Article.
Article 8. Violations of regulations on export of genetic resources and rare plant varieties
1. Fine from 10,000,000 VND to 15,000,000 VND for violations of exporting an excess quantity of each rare plant genetic resource compared to the written consent of the competent state agency.
2. Fine from 20,000,000 VND to 30,000,000 VND for violations of exporting the wrong name of rare plant genetic resources compared to the written consent of the competent state agency.
3. Fine from 30,000,000 VND to 40,000,000 VND for violations of exporting rare genetic resources without written consent of a competent state agency.
4. Fines from 40,000,000 VND to 50,000,000 VND for violations of exporting plant varieties on the List of rare and precious plant varieties banned from export.
Confiscate evidence and means of violation for violations specified in Clauses 1, 2, 3 and 4 of this Article.
Forced to return illegal profits obtained due to violations specified in Clauses 1, 2, 3 and 4 of this Article.
Article 9. Violations of regulations on testing of cultivation value and use value (VCU testing); Test for distinctness, uniformity and stability (DUS test)
1. Fine from 3,000,000 VND to 5,000,000 VND for testing without fully maintaining the testing conditions as at the time designated by the competent authority.
2. Fine from 7,000,000 VND to 10,000,000 VND for testing without complying with current testing regulations.
3. Fine from 10,000,000 VND to 15,000,000 VND for falsely declaring test results.
Deprivation of the right to use the Decision on appointment of testing from 06 months to 12 months for violations specified in Clause 3 of this Article.
Forced correction of false information for violations specified in Clause 3 of this Article.
Article 10. Violations of regulations on use of new plant varieties that are in the process of testing and trial production
1. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed for the violation of sending plant varieties for testing and producing in excess of 30% or more compared to the allowed area according to regulations for each type of plant variety. .
2. A fine from 10,000,000 VND to 15,000,000 VND for one of the following violations when producing plant varieties:
a) There is no technical cultivation process of the trial production variety attached to the producer;
b) There is no contract or list clearly stating the names and addresses of organizations and individuals doing trial production, time and quantity of varieties to be transferred;
c) There is no book to monitor and evaluate varieties during the trial production process.
3. Fine from 15,000,000 VND to 20,000,000 VND for one of the following violations:
a) Trial production of plant varieties not in the ecological zone permitted by the competent authority;
b) Putting plant varieties into trial production exceeding less than 30% compared to the allowed area for each type of plant variety.
4. A fine from 25,000,000 VND to 30,000,000 VND shall be imposed for putting plant varieties into trial production in excess of 30% to less than 70% compared to the allowed area for each type of plant variety.
5. A fine from 40,000,000 VND to 50,000,000 VND shall be imposed for putting plant varieties into trial production in excess of 70% or more compared to the allowed area for each type of plant variety.
Article 11. Violations of regulations on management of first-generation trees and gardens of first-generation industrial trees and perennial fruit trees
1. Fine from 5,000,000 VND to 10,000,000 VND for one of the following violations:
a) Do not label the seed source;
b) Exploiting seed sources that do not meet the criteria when recognized, are infected with dangerous or degenerative diseases;
c) S0 citrus trees and S1 citrus trees are not grown in greenhouses that meet standards to prevent disease-transmitting insects;
d) Exploiting propagating materials in excess of the limits specified in the Certificate of recognition of first-line plants and first-line plant gardens;
d) Failure to make a record to monitor the supply of propagating materials.
Deprivation of the right to use the certificate of recognition of first-generation plants and first-generation orchards for a period of 03 to 06 months for violations in Points b, c, d and dd, Clause 1 of this Article.
a) Force the implementation of labeling for seed sources for violations in Point a, Clause 1 of this Article;
b) Forced to make a record to monitor the supply of propagating materials for violations in Point dd Clause 1 of this Article;
c) Forced destruction of seed sources infected with dangerous or degenerative diseases for violations of the provisions in Point b and Point c, Clause 1 of this Article.
Article 12. Violation of regulations on the rights of protection certificate holders
1. A fine from 20,000,000 VND to 30,000,000 VND shall be imposed for the act of using a plant variety whose protection application has been accepted for commercial purposes without paying compensation according to the provisions of Article 189 of the Intellectual Property Law.
2. A fine from 40,000,000 VND to 50,000,000 VND shall be imposed for using the rights of the holder of a Protection Certificate related to the propagating material of a protected plant variety without the consent of the holder of the Protection Certificate. plant variety protection to achieve one of the following purposes:
b) Processing for breeding purposes;
d) Sell or conduct market access activities;
g) Stored to perform one of the acts specified in Points a, b, c, d, dd and e of this Clause;
h) Committing one of the acts specified in Points a, b, c, d, dd and e of this Clause with respect to plant varieties whose production requires repeated use of protected plant varieties;
i) Perform one of the acts specified in Points a, b, c, d, dd and e of this Clause with respect to plant varieties originating from protected plant varieties, except in the case of protected plant varieties. is derived from another protected plant variety.
3. Fine from 40,000,000 VND to 50,000,000 VND for using a plant variety name identical or similar to a protected plant variety name for a plant variety of the same species or species closely related to the variety protected plants.
Confiscate evidence of violations for violations specified in Clauses 1 and 2 of this Article.
Forced to return illegal profits obtained from administrative violations against the provisions of this Article.
Article 13. Violation of regulations on obligations of protection certificate owners and plant variety authors
1. Fine from 15,000,000 VND to 25,000,000 VND for one of the following violations:
a) The owner of the plant variety protection certificate does not transfer the right to use the protected plant variety according to the compulsory transfer decision of the competent authority;
b) The owner of the plant variety protection certificate does not pay remuneration to the plant variety author according to regulations;
c) The Owner of the Protection Certificate does not meet the conditions of distinctness, uniformity, and stability of the protected plant variety as at the time of granting the Protection Certificate but still exploits and uses propagating materials. ;
d) The plant variety author fails to properly perform the obligation to help the Protection Certificate holder maintain the propagating material of the protected plant variety.
2. Fine from 20,000,000 VND to 30,000,000 VND for using an expired, suspended or canceled plant variety protection certificate to exercise rights to plant varieties.
Confiscate the plant variety protection certificate for violations specified in Point c, Clause 1 and Clause 2 of this Article.
Forced performance of obligations in the cases specified in Points a, b and d, Clause 1 of this Article.
Article 14. Violations of regulations on conditions for production and trading of major plant varieties
1. Fine from 5,000,000 VND to 10,000,000 VND for one of the following violations of the prescribed Conditions for trading in main plant varieties:
a) There is no business location and technical facilities suitable for each plant species and each variety level;
b) Not having or not hiring technical staff with intermediate qualifications in horticulture and plant protection or higher or with certificates or confirmation of training in horticulture and plant protection.
2. Fine from 10,000,000 VND to 20,000,000 VND for one of the following violations of Conditions for production of major plant varieties for commercial purposes:
a) Production location is not consistent with the planning of the agricultural sector; Production requirements of each plant species and each variety level are specified;
b) There are no physical facilities and technical equipment suitable for the technical production process of each plant species and each variety level as prescribed;
c) Not having or not hiring technical staff with intermediate qualifications in Horticulture, Plant Protection or higher;
d) Not having or not hiring technical staff with university degrees in Agronomy, Horticulture, Plant Protection or higher for the production of super original varieties, original varieties, parent varieties and F1 hybrid seeds .
Suspension of plant variety production activities from 6 months to 12 months for violations specified in Clause 2 of this Article.
Article 15. Violations of regulations on plant variety production
1. Fine from 5,000,000 VND to 10,000,000 VND for violations of producing plant varieties without a production process for each species and each level of plant variety.
2. Fine from 10,000,000 VND to 15,000,000 VND for one of the following violations:
a) Producing varieties of industrial plants and perennial fruit trees by asexual methods not from progeny trees or from recognized progeny gardens with a scale of less than 5,000 seedlings;
b) Producing major forestry tree varieties without using propagating materials from mother trees, leading tree gardens, seed gardens or recognized seed forests with a scale of less than 10,000 seedlings.
3. Fine from 15,000,000 VND to 25,000,000 VND for one of the following violations:
a) Producing varieties of industrial plants and perennial fruit trees by asexual methods not from progeny trees or from recognized progeny gardens with a scale of 5,000 seedlings or more;
b) Producing major forestry tree varieties without using propagating materials from mother trees, leading tree gardens, seed gardens or recognized seed forests with a scale of 10,000 seedlings or more.
4. Fine from 20,000,000 VND to 30,000,000 VND for violations of producing for commercial purposes plant varieties not included in the List of plant varieties permitted to be produced and traded in Vietnam or New plant varieties have not been recognized by the Ministry of Agriculture and Rural Development.
a) Forced change of use purpose or forced destruction of plant varieties for violations specified in Clauses 1, 2 and 3 of this Article;
b) Forced to return illegal profits obtained from administrative violations for the violations specified in Clause 4 of this Article;
c) Forced destruction of plant varieties for violations specified in Clause 4 of this Article.
Article 16. Violations of regulations on plant variety trading
1. Fine from 6,000,000 VND to less than 10,000,000 VND when trading in batches of plant varieties valued at from 10,000,000 VND to less than 20,000,000 VND for one of the following violations:
a) Trading in expired plant varieties;
b) Trading in plant varieties that are not included in the List of plant varieties permitted for production and trading in Vietnam or varieties that have not been recognized as new agricultural and forestry plant varieties by the Ministry of Agriculture and Rural Development.
2. Fines for violations specified in Clause 1 of this Article shall be imposed at the following fine levels:
a) Fine from 10,000,000 VND to under 14,000,000 VND when trading in batches of plant varieties valued at from 20,000,000 VND to under 30,000,000 VND;
b) Fine from 14,000,000 VND to under 20,000,000 VND when trading in batches of plant varieties valued at from 30,000,000 VND to under 40,000,000 VND;
c) Fine from 20,000,000 VND to under 30,000,000 VND when trading in batches of plant varieties valued at from 40,000,000 VND to under 50,000,000 VND;
d) Fine from 30,000,000 VND to under 40,000,000 VND when trading in batches of plant varieties valued at from 50,000,000 VND to under 70,000,000 VND;
d) Fine from 40,000,000 VND to 50,000,000 VND when trading in batches of plant varieties valued at over 70,000,000 VND.
Forced change of use purpose or forced destruction of plant varieties for violations specified in this Article.
Article 17. Violations of regulations on import of plant varieties and plant genetic resources that are not rare and precious plant genetic resources
1. Fine from 15,000,000 VND to 25,000,000 VND for violations of importing plant varieties and plant genetic resources inconsistent with the content of the written permission of the Ministry of Agriculture and Rural Development.
2. Fines from 30,000,000 VND to 40,000,000 VND for violations of importing plant varieties and plant genetic resources without written permission from the Ministry of Agriculture and Rural Development.
3. Fines from 40,000,000 VND to 50,000,000 VND for violations of importing plant genetic resources and plant varieties that are harmful to production, human health, the environment, and the ecosystem.
a) Forced re-export or destruction of plant varieties and plant genetic resources for violations specified in Clauses 1 and 2 of this Article;
b) Forced destruction of plant varieties and plant genetic resources for violations specified in Clause 3 of this Article.
Article 18. Violations of regulations on management of licenses and practice certificates on plant varieties
1. Fine from 1,000,000 VND to 3,000,000 VND for violations of using another person's license or practice certificate on plant varieties to practice, including the following documents:
a) Certificate of recognition of first-generation plants and first-generation plant gardens;
b) Decision on appointment of plant variety testing;
c) Certificate of sampler, inspector, plant variety tester, plant variety rights appraiser card;
d) Certificate of practice in plant variety rights representation services;
d) License to export and import genetic resources of plant varieties.
2. Fine from 3,000,000 VND to 5,000,000 VND for one of the violations of intentionally erasing, altering or falsifying the content of the following documents:
a) Documents specified in Clause 1 of this Article;
b) Certificate of conformity to standards and plant variety regulations;
c) Inspection record; Test results of plant varieties.
3. Fine from 10,000,000 VND to 20,000,000 VND for violations of falsifying documents and application documents specified in Clause 2 of this Article but not to the extent of being prosecuted for liability. Criminal.
a) Forced to return illegal profits obtained from committing administrative violations for violations specified in Clause 1 of this Article;
b) Force revocation of papers and records for violations specified in Clause 2 of this Article;
c) Force the recall and destruction of papers and records for violations specified in Clause 3 of this Article.
ADMINISTRATIVE VIOLATIONS, FORMS, LEVELS OF PENALTIES AND REMEDIAL MEASURES IN THE FIELD OF PLANT PROTECTION AND QUARANTINE
Article 19. Violations of regulations on prevention and control of organisms harmful to plants
1. A warning or fine from 200,000 VND to 500,000 VND shall be imposed for violations of persons directly providing plant protection services who do not have professional qualifications in plant protection according to the provisions of law.
2. Fine from 500,000 VND to 1,500,000 VND for one of the following violations:
a) Intentionally applying incorrect anti-epidemic measures according to the requirements and instructions of competent state agencies when there is a decision to declare plant pests;
b) Plant protection service activities without written consent from the commune-level People's Committee.
3. Fine from 1,500,000 VND to 3,000,000 VND for one of the following violations:
a) Failure to apply anti-epidemic measures according to the requirements and instructions of competent state agencies when there is a decision to declare a plant pest;
b) Failure to arrange people and facilities to serve the inspection of quarantine objects when requested by a specialized plant protection and quarantine agency without a valid reason.
4. Fine from 3,000,000 VND to 6,000,000 VND for one of the following violations:
a) Transporting or using plant varieties or seed materials infected with harmful organisms from the area where the epidemic is announced to another area;
b) Importing, transporting, breeding, and storing organisms harmful to plants without written permission from the Minister of Agriculture and Rural Development;
c) Dispersing organisms harmful to plants.
5. Fine from 6,000,000 VND to 12,000,000 VND for violations specified in Points a and b, Clause 4 of this Article for commercial purposes.
a) Force compliance with anti-epidemic measures for violations in Point a Clause 2 and Point a Clause 3 of this Article;
b) Forced destruction of plant varieties, breeding materials, and harmful organisms for violations specified in Clause 4 of this Article;
c) Forced to return illegal profits obtained from committing administrative violations specified in Clause 5 of this Article.
Article 20. Violations of regulations on plant quarantine for export, import and transit
1. Fines from 1,000,000 VND to 2,000,000 VND for the following violations:
a) Failure to carry out plant quarantine declaration procedures before importing, exporting, or transiting objects subject to plant quarantine;
b) Failure to declare or carry out plant quarantine procedures for objects subject to plant quarantine carried in hand luggage or checked luggage.
2. Fine from 3,000,000 VND to 5,000,000 VND for one of the following violations:
a) Bringing into Vietnamese territory objects subject to plant quarantine without going through quarantine procedures at the border gate;
b) 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;
c) Not having an import plant quarantine permit as prescribed, unless confirmed by a specialized plant protection and quarantine agency of the Ministry of Agriculture and Rural Development.
3. Fine from 5,000,000 VND to 10,000,000 VND for one of the following violations:
a) Transporting or transiting objects subject to plant quarantine without taking measures to prevent harmful organisms according to Vietnam's regulations;
b) Transporting or transiting objects subject to plant quarantine not in accordance with the roadmap prescribed by specialized agencies for plant protection and quarantine or storing objects subject to plant quarantine in transit in Vietnamese territory Nam exceeds the allowed time limit;
c) Not processing wooden packaging according to regulations.
4. Fine from 10,000,000 VND to 20,000,000 VND for one of the following violations:
a) False declaration, concealment, or dispersal of objects subject to plant quarantine during the process of specialized plant protection and quarantine agencies conducting quarantine for export and import shipments;
b) Adding objects subject to plant quarantine that have not yet been quarantined into the shipment that has been issued a Plant Quarantine Certificate;
c) Arbitrarily unsealing, loading, unloading, transferring, transferring, transferring, cutting the carriage of objects subject to plant quarantine for export, import, or transit on the means of transport under inspection, Supervision by specialized plant protection and quarantine agencies.
5. Fine from 20,000,000 VND to 30,000,000 VND for one of the following violations:
a) Bringing into the territory of Vietnam objects subject to plant quarantine without taking treatment measures as prescribed in the Import Plant Quarantine License;
b) Bringing into the territory of Vietnam plant quarantine objects or objects subject to control or strange living harmful organisms without permission of the Minister of Agriculture and Rural Development;
c) Bringing land into Vietnam unless approved in writing by the Minister of Agriculture and Rural Development;
d) Failure to re-export objects subject to plant quarantine that are infected with plant quarantine objects or foreign harmful organisms on time according to the decision of the specialized plant protection and quarantine agency;
d) Transporting objects subject to plant quarantine that are contaminated with plant quarantine objects that have not been thoroughly treated as directed by specialized plant protection and quarantine agencies.
a) Forced re-export or destruction of objects subject to plant quarantine for violations specified in Point b, Clause 1 of this Article;
b) Forced removal of objects subject to plant quarantine from the territory of Vietnam when there is a decision of a specialized plant protection and quarantine agency for violations specified in Points b and c, Clause 2, Point c Clause 5 of this Article; In case of repeat violations of the violations specified in Point a, Clause 5 of this Article;
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, decide to destroy them, unless there is a legitimate reason.
c) Forced treatment of wooden packaging for violations specified in Point c, Clause 3 of this Article;
d) Forced destruction of plant quarantine objects or controlled objects or living strange harmful organisms for violations specified in Point b, Clause 5 of this Article;
d) Forced to thoroughly handle plant quarantine objects contaminated with plant quarantine objects for violations specified in Point dd Clause 5 of this Article.
Article 21. Violations of regulations on domestic plant quarantine
1. Warning or fine from 200,000 VND to 500,000 VND for violations of not having a Plant Quarantine Certificate for import, transit and domestic transportation issued by a specialized agency for plant protection and quarantine. Supplies for objects subject to plant quarantine transported from an area where an epidemic is declared to be subject to plant quarantine to another area.
2. Fine from 1,000,000 VND to 2,000,000 VND for one of the following violations:
a) Transporting, loading and unloading objects subject to plant quarantine that are infected with plant quarantine objects, objects subject to control, or foreign harmful organisms at the wrong location as specified in the imported Plant Quarantine Certificate export, transit and domestic transportation;
b) Bringing objects subject to plant quarantine to places not specified in the Import Plant Quarantine License.
3. Fine from 3,000,000 VND to 5,000,000 VND for one of the following violations:
a) Sending plant quarantine objects, objects subject to control, and strange harmful organisms to areas within the territory of Vietnam;
b) Transporting and circulating objects subject to plant quarantine that have been concluded to be infected with plant quarantine objects, objects subject to control or strange harmful organisms without strictly complying with regulations of specialized agencies. competent plant protection and quarantine sector;
c) Failure to comply with measures to localize, encircle, and destroy outbreaks, objects of plant quarantine, objects subject to control, or strange harmful organisms according to decisions of specialized protection and quarantine agencies Competent plant.
4. Fine from 5,000,000 VND to 10,000,000 VND for violations of not complying with handling measures for objects subject to plant quarantine infected with plant quarantine objects, subjects must Vietnamese control or foreign pests.
5. Fines from 10,000,000 VND to 20,000,000 VND for non-compliance with regulations and decisions of specialized plant protection and quarantine agencies regarding the handling of plant quarantine objects.
a) Force the implementation of measures to overcome the spread of plant quarantine objects for violations specified in Clauses 2, 3 and 5 of this Article;
b) Forced destruction of plant quarantine objects contaminated with plant quarantine objects for violations specified in Clauses 4 and 5 of this Article.
Article 22. Violations of regulations on plant quarantine of imported plant varieties and beneficial organisms
1. Fine from 1,000,000 VND to 3,000,000 VND for violations of not declaring to the local specialized plant protection and quarantine agency when importing new plant varieties for planting for the first time. locally according to the notice of the specialized plant protection and quarantine agency.
2. Fine from 5,000,000 VND to 10,000,000 VND for one of the following violations:
a) Failure to comply with regulations on import, breeding and use of beneficial organisms;
b) Sowing new plant varieties imported for the first time at the wrong location as prescribed in the Import Plant Quarantine License of the specialized plant protection and quarantine agency.
3. Fine from 15,000,000 VND to 20,000,000 VND for violations of cultivating and producing imported plant varieties outside the quarantine zone without a conclusion from a specialized agency for protection and control. plant epidemics on the status of harmful organism infection in plant varieties that must be grown in quarantine areas.
Forced destruction of imported plant varieties and useful organisms for violations specified in Clauses 2 and 3 of this Article.
Article 23. Violations of regulations on handling objects subject to plant quarantine
1. Fine from 5,000,000 VND to 10,000,000 VND for one of the following violations:
a) The person directly managing and operating the organization practicing the treatment of objects subject to plant quarantine does not have appropriate professional qualifications according to regulations;
b) Employing people who directly handle plant quarantine objects without a practicing card for handling plant quarantine objects;
c) Handling objects subject to plant quarantine without registered technical procedures, lack of means and equipment for practice as prescribed;
d) Storage of pesticides used for fumigation and disinfection does not comply with regulations.
2. Fine from 7,000,000 VND to 10,000,000 VND for one of the following violations:
a) Using fumigation and disinfectant drugs that do not have the name of the finished product in the List of pesticides permitted for use in Vietnam;
b) Using fumigant disinfectants that do not comply with announced applicable standards and corresponding technical regulations;
c) Handling objects subject to plant quarantine and wooden packaging not in accordance with technical procedures;
d) Practicing the treatment of objects subject to plant quarantine without a Certificate of practice in handling objects subject to plant quarantine.
3. Fine from 10,000,000 VND to 15,000,000 VND for practicing fumigation and disinfection with one of the following violations:
a) Using fumigation chemicals on the List of pesticides banned from use in Vietnam;
b) Using fumigation chemicals against regulations that adversely affect the quality of objects subject to plant quarantine being fumigated;
c) Practicing the practice of processing objects subject to plant quarantine that have been reported as a violation by the competent authority on plant quarantine of the importing country;
a) Suspension of the right to use the Practicing Card for handling objects subject to plant quarantine from 01 month to 03 months if there are aggravating circumstances for violations specified in Point c, Clause 2 of this Article;
b) Revoke the right to use the Certificate of practice in handling plant quarantine objects from 01 month to 06 months for violations specified in Points a, b, Clause 2 and Points a, b, Clause 3 of Article This;
c) Suspension of the practice of handling objects subject to plant quarantine from 01 month to 03 months for violations specified in Clause 1 of this Article;
d) Suspend the practice of handling objects subject to plant quarantine from 03 months to 06 months for violations specified in Point c, Clause 3 of this Article in case of repeat violations.
Article 24. Violations of regulations on pesticide production
1. Fine from 5,000,000 VND to 10,000,000 VND for one of the following violations:
a) Producing drugs for which the Certificate of eligibility for pesticide production has expired;
b) Failure to fully maintain the conditions for pesticide production as prescribed in Article 61 of the Law on Plant Protection and Quarantine during production activities;
c) Producing drugs inconsistent with the contents stated in the issued Certificate of eligibility for pesticide production.
d) Failure to check the quality of pesticides for each batch of products released from the factory, failure to keep records, quality inspection papers and drug samples of each batch of pesticides released according to regulations. legal regulations.
2. Fine from 10,000,000 VND to 15,000,000 VND for one of the following violations:
a) Packaging finished drugs that are past their expiration date;
b) Producing drugs with label contents inconsistent with the contents of the Certificate of pesticide registration.
3. Fine from 15,000,000 VND to 20,000,000 VND for one of the following violations:
a) Producing drugs without a Certificate of eligibility for pesticide production;
b) Pack the medicine in glass syringes;
c) Continue production when the competent state management agency has suspended production activities, revoked the right to use or revoked the certificate of eligibility for drug production;
d) Failure to recall or comply with the deadline for recalling pesticides according to the decision of the competent authority.
4. Fine from 20,000,000 VND to 25,000,000 VND for violations of producing pesticides that are not on the List of pesticides permitted for use in Vietnam unless there is a License import permit specified in Clause 2, Article 67 of the Law on Plant Protection and Quarantine.
5. Fines from 25,000,000 VND to 35,000,000 VND for violations of manufacturing pesticides in the List of pesticides banned from use in Vietnam with a volume of less than 50 kilograms (or 50 liters) of finished medicine.
6. Fines from 40,000,000 VND to 50,000,000 VND for violations of manufacturing pesticides in the List of pesticides banned from use in Vietnam with a volume of 50 kilograms (or 50 liters) to 100 kilograms (or 100 liters) of finished medicine.
7. For acts of manufacturing pesticides on the List of pesticides banned from use in Vietnam with a volume of over 100 kilograms (or 100 liters) of finished product, the competent person is handling the case. must immediately transfer the violation case file to the criminal proceedings agency for criminal prosecution according to the provisions of Article 62 of the Law on Handling of Administrative Violations; In case the agency conducting the proceedings decides not to prosecute the criminal case, a fine of 50,000,000 VND will be imposed.
a) Suspension of plant protection drug production activities of the facility for 06 months for violations specified in Point d, Clause 3 of this Article;
b) Revoke the right to use the Certificate of eligibility for pesticide production from 03 months to 06 months for violations specified in Clause 4 of this Article;
c) Revoke the right to use the Certificate of eligibility for pesticide production from 06 months to 12 months for violations specified in Clauses 5 and 6 of this Article.
a) Forced destruction or forced recycling of finished drugs that can still be recycled for violations specified in Point a, Clause 2 of this Article;
b) Force recall of pesticides with incorrect labels and force removal of violating contents or replacement of labels according to regulations for violations specified in Point b, Clause 2 of this Article;
c) Forced destruction of finished drugs and technical drugs for violations specified in Point b Clause 3, Clauses 4, 5, 6 and 7 of this Article.
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, beverages, animal feed, medical drugs, veterinary drugs;
b) Trading expired pesticides; The drug does not ensure quality or does not conform to corresponding technical regulations; drugs not included in the List of plant protection drugs permitted for use in Vietnam with a volume of less than 5 kilograms (or 5 liters) of finished drug;
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; The drug does not ensure quality or does not conform to corresponding technical regulations; Drugs not listed in the List of plant protection drugs permitted for use in Vietnam with a volume of from 5 kilograms (or 5 liters) to less than 20 kilograms (or 20 liters) of finished drug product;
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 for drug trading.
3. Fine from 5,000,000 VND to 8,000,000 VND for one of the following violations of plant protection drug trading:
a) Trading expired pesticides; The drug does not ensure quality or does not conform to corresponding technical regulations; Drugs not listed in the List of pesticides permitted for use in Vietnam with a volume of from 20 kilograms (or 20 liters) to less than 100 kilograms (or 100 liters) of finished drugs;
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 drug 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.
4. Fine from 8,000,000 VND to 15,000,000 VND for one of the following violations:
a) Trading expired pesticides; The drug does not ensure quality or does not conform to corresponding technical regulations; Drugs not listed in the List of plant protection drugs permitted for use in Vietnam with a volume of from 100 kilograms (or 100 liters) to less than 300 kilograms (or 300 liters) of finished drugs;
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 drug.
5. Fine from 15,000,000 VND to 25,000,000 VND for one of the following violations:
a) Trading expired pesticides; Medicines that do not ensure quality or do not conform to corresponding technical regulations; Drugs not listed in the List of plant protection drugs permitted for use in Vietnam with a volume of from 300 kilograms (or 300 liters) to less than 500 kilograms (or 500 liters) of finished drugs;
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 drug.
6. Fine from 30,000,000 VND to 40,000,000 VND for one of the following violations:
a) Trading expired pesticides; The drug does not ensure quality or does not conform to corresponding technical regulations; Drugs not listed in the List of pesticides permitted for use in Vietnam with a volume of from 500 kilograms (or 500 liters) to less than 1,000 kilograms (or 1,000 liters) of finished drugs;
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 drug.
7. Fine from 40,000,000 VND to 50,000,000 VND for one of the following violations:
a) Trading expired pesticides; The drug does not ensure quality or does not conform to corresponding technical regulations; Drugs not listed in the List of plant protection drugs permitted for use in Vietnam with a volume of 1,000 kilograms (or 1,000 liters) of finished drug 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 drug.
8. For acts of trading pesticides on the List of pesticides banned from use in Vietnam with a volume of over 50 kilograms (or 50 liters) of finished medicine, the competent person is handling the case. must immediately transfer the violation case file to the criminal proceedings agency for criminal prosecution according to the provisions of Article 62 of the Law on Handling of Administrative Violations; In case the agency conducting the proceedings decides not to prosecute the criminal case, a fine of up to 50,000,000 VND will be imposed.
Suspension of the right to use the Certificate of eligibility to trade in pesticides from 01 month to 06 months for violations of trading in pesticides that are not on the List of pesticides permitted for use. drugs and drugs banned from use in Vietnam specified in Clauses 4, 5, 6 and 7 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 Point c Clause 3; Points a, b Clause 2; Points a, b Clause 3; Clause 4, Clause 5, Clause 6, Clause 7 and Clause 8 of this Article.
Article 26. Violations of regulations on use of pesticides
1. Warning or fine from 200,000 VND to 500,000 VND for one of the following violations:
a) Using pesticides inconsistently with the instructions for use on the drug label;
b) Failure to collect and store pesticide packaging in the right place after use.
2. Fine from 1,000,000 VND to 2,000,000 VND for one of the following violations:
a) Using pesticides not listed in the List of pesticides permitted for use in Vietnam;
b) Use pesticides in the form of glass syringes.
3. Fine from 2,000,000 VND to 3,000,000 VND for violations of using pesticides not in accordance with the instructions on the label, causing dangerous consequences.
4. Fine from 3,000,000 VND to 5,000,000 VND for violations of using pesticides in the List of pesticides banned from use in Vietnam.
a) Forced destruction of drugs for violations specified in Clauses 2 and 4 of this Article;
b) Force the implementation of measures to overcome environmental pollution for violations specified in Clause 3 of this Article.
Article 27. Violations of regulations on transportation of pesticides
1. Warning or fine from 500,000 VND to 1,000,000 VND for one of the following violations:
a) Failure to ensure technical safety requirements for transporting pesticides by means of transport;
b) Transporting pesticides with other goods such as food, beverages, animal feed, medical drugs, veterinary drugs;
c) Transporting chemical pesticides on public transport.
2. Transporting banned drugs or drugs not included in the List of pesticides permitted for use in Vietnam shall be subject to administrative penalties similar to those of trading in pesticides specified in Article 25. This Decree.
Article 28. Violations of regulations on import of plant protection drugs
1. Fine from 3,000,000 VND to 5,000,000 VND for one of the following violations:
a) Importing finished drugs in the List of pesticides permitted for use in Vietnam at the wrong manufacturer in the Certificate of pesticide registration in Vietnam;
b) Importing finished drugs in the List of pesticides permitted for use in Vietnam with a shelf life of less than 2/3 of the shelf life written on the drug label from the time the drug arrives in Vietnam.
2. Fines from 5,000,000 VND to 10,000,000 VND for violations of importing pesticides on the List of pesticides banned from use in Vietnam as standard substances used in testing activities without a Plant Protection Drug Import License from the Ministry of Agriculture and Rural Development.
3. Fines from 10,000,000 VND to 15,000,000 VND for violations of importing finished plant protection drugs or technical drugs that do not ensure quality or do not conform to corresponding technical regulations.
4. Fine from 10,000,000 VND to 20,000,000 VND for one of the following violations:
a) Importing finished drugs or technical drugs not included in the List of pesticides permitted for use in Vietnam without an import license from the Ministry of Agriculture and Rural Development;
b) Importing finished plant protection drugs or expired technical drugs, drugs in glass syringes;
c) Importing pesticides with a License but not of the correct type of finished drug or technical drug stated in the license;
d) Putting into production, circulation or not preserving finished pesticide products or imported technical pesticides in their original state without notification of state inspection results on the quality of imported pesticides.
5. Fine from 20,000,000 VND to 30,000,000 VND for importing without a pesticide import license from the Ministry of Agriculture and Rural Development drugs containing the active ingredient methyl bromide or drugs plant protection products containing active ingredients with acute toxicity categories I and II according to the globally harmonized system of classification and labeling of chemicals (GHS).
6. Fine from 30,000,000 VND to 40,000,000 VND for importing pesticides banned from use in Vietnam.
a) Forced re-export of pesticides for violations specified in Clause 1 and Clause 3 of this Article;
After 30 days from the date of receiving the sanctioning decision from the competent state management agency, if the pesticide has not been re-exported, the competent person specified in Clause 4, Article 33 of the Decree Decisions must be made to confiscate or destroy evidence of violations according to regulations, unless there is a legitimate reason.
b) Forced re-export or forced destruction of finished drugs and technical drugs for violations specified in Clause 2; Points a, b, c Clause 4, Clause 5 and Clause 6 of this Article.
Article 29. Violations of regulations on testing pesticides for registration in the List of pesticides
1. Fine from 5,000,000 VND to 10,000,000 VND for one of the following violations:
a) Do not have a license to test pesticides;
b) Failure to fully maintain the conditions for testing pesticides as prescribed in Article 59 of the Law on Plant Protection and Quarantine during testing activities.
2. Fine from 10,000,000 VND to 20,000,000 VND for one of the following violations:
a) Failure to comply with regulations, standards, technical procedures and testing requirements as prescribed;
b) Fraud in plant protection drug testing activities.
3. Fines from 20,000,000 VND to 30,000,000 VND for acts of not conducting pesticide testing without reporting the test results.
Suspend the operations of the testing organization from 03 months to 06 months for violations in Clauses 2 and 3 of this Article.
Forced cancellation of testing results for violations specified in Clauses 2 and 3 of this Article.
Article 30. Violations of regulations on management of licenses and certificates of plant protection and quarantine
1. Fine from 3,000,000 VND to 5,000,000 VND for violations of intentionally erasing, altering or falsifying the content of the following documents:
a) License to import pesticides;
b) License to test pesticides;
c) Certificate of pesticide registration;
d) Import plant quarantine permit, Plant quarantine certificate for export, import, transit and domestic transportation;
d) Certificate of eligibility for pesticide production; Certificate of eligibility to trade plant protection drugs;
e) Certificate of practice in handling objects subject to plant quarantine;
g) Practicing card for handling objects subject to plant quarantine;
h) Notification of results of state inspection of quality of imported pesticides.
i) Document from the Commune People's Committee confirming plant protection service activities.
2. Fine from 10,000,000 VND to 20,000,000 VND for violations of falsifying documents and application documents specified in Clause 1 of this Article but not to the extent of being prosecuted. criminal liability.
3. Fine from 20,000,000 VND to 30,000,000 VND for using pesticides for the wrong purpose stated in the License to import pesticides.
a) Force recovery of documents and records for violations specified in Clause 1 of this Article;
b) Force the recall and destruction of documents and records for violations specified in Clause 2 of this Article.
AUTHORITY TO SANCTION ADMINISTRATIVE VIOLATIONS AND MAKE RECORDS OF ADMINISTRATIVE VIOLATIONS
Article 31. Sanctioning authority of Presidents of People's Committees at all levels
1. The Chairman of the Commune People's Committee has the right to:
a) Caution;
b) Fine up to 5,000,000 VND;
c) Confiscation of exhibits and means used to commit administrative violations with a value of up to 5,000,000 VND;
d) Apply remedial measures specified in Points a, c and dd Clause 1 Article 28 of the Law on Handling of Administrative Violations.
2. The Chairman of the District People's Committee has the right to:
a) Caution;
b) Fine up to 25,000,000 VND;
c) Revoke the right to use licenses, practice certificates or suspend operations for a limited period of time;
d) Confiscation of exhibits and means used to commit administrative violations with a value of up to 25,000,000 VND;
d) Apply remedial measures specified in Points a, c, dd, e, h, i Clause 1 Article 28 of the Law on Handling of Administrative Violations and Clause 3 Article 4 of this Decree.
3. The Chairman of the Provincial People's Committee has the right to:
a) Caution;
b) Fine up to 50,000,000 VND;
c) Revoke the right to use licenses, practice certificates or suspend operations for a limited period of time;
d) Confiscate evidence and means of administrative violations;
d) Apply remedial measures specified in Points a, c, d, dd, e, g, h, i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 4 of this Decree.
Article 32. Sanctioning authority of specialized inspectors in the field of plant varieties
Specialized inspectors in the field of plant varieties have the authority to sanction administrative violations specified in Chapter II of this Decree, specifically as follows:
1. Agriculture and rural development inspectors and people assigned to perform specialized inspection tasks on official duty have the right to:
a) Caution;
b) Fine up to 500,000 VND;
c) Confiscation of exhibits and means used for administrative violations with a value of up to 500,000 VND;
d) Apply remedial measures specified in Points a, c and dd Clause 1 Article 28 of the Law on Handling of Administrative Violations.
2. Chief Inspector of the Department of Agriculture and Rural Development; Head of Department: Forest Protection Department or Forestry Department, Fisheries Department, Plant Protection Department or Crop Production and Plant Protection Department; Head of the specialized inspection team of the Department of Agriculture and Rural Development; Head of specialized inspection team: Department of Crop Production, Forest Protection Department or Forestry Department, Fisheries Department, Plant Protection Department or Crop Production and Plant Protection Department assigned to manage plant varieties Growers have the right to:
a) Caution;
b) Fine up to 25,000,000 VND;
c) Revoke the right to use licenses, practice certificates or suspend operations for a limited period of time;
d) Confiscation of exhibits and means used for administrative violations with a value of up to 25,000,000 VND;
d) Apply remedial measures specified in Points a, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on Handling of Administrative Violations and Points a, b, c, d, dd, e Clause 3 Article 4 of this Decree.
3. Head of the specialized inspection team of the Ministry of Agriculture and Rural Development, Head of the specialized inspection team of the General Department of Fisheries and the General Department of Irrigation have the rights:
a) Caution;
b) Fine up to 35,000,000 VND;
c) Revoke the right to use licenses, practice certificates or suspend operations for a limited period of time;
d) Confiscation of exhibits and means used for administrative violations with a value of up to 35,000,000 VND;
d) Apply remedial measures specified in Points a, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on Handling of Administrative Violations and Points a, b, c, d, dd, e Clause 3 Article 4 of this Decree.
4. Chief Inspector of the Ministry of Agriculture and Rural Development, General Director of the General Department of Forestry, General Director of the General Department of Fisheries, Director of the Department of Crop Production, and Director of the Plant Protection Department have the rights:
a) Caution;
b) Fine up to 50,000,000 VND;
c) Revoke the right to use licenses, practice certificates or suspend operations for a limited period of time;
d) Confiscation of exhibits and means used for administrative violations;
d) Apply remedial measures specified in Points a, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on Handling of Administrative Violations and Points a, b, c, d, dd, e Clause 3 Article 4 of this Decree.
Article 33. Sanctioning authority of specialized inspectors in the field of plant protection and quarantine
Specialized inspectors in the field of plant protection and quarantine have the authority to sanction administrative violations specified in Chapter III of this Decree, specifically as follows:
1. Agricultural and rural development inspectors and people assigned to perform specialized inspection tasks who are on duty shall comply with the provisions of Clause 1, Article 32 of this Decree.
2. Chief Inspector of the Department of Agriculture and Rural Development; Director of the Plant Protection Sub-Department or the Crop Production and Plant Protection Sub-Department; Head of the specialized inspection team of the Department of Agriculture and Rural Development; Head of specialized inspection team: Plant Protection Department, Plant Protection Sub-Department or Plant Cultivation and Plant Protection Sub-Department, has the right to:
a) Caution;
b) Fine up to 25,000,000 VND;
c) Revoke the right to use the license, certificate of eligibility, certificate of practice in plant protection and quarantine or suspend operations for a certain period of time;
d) Confiscation of exhibits and means used for administrative violations with a value of up to 25,000,000 VND;
d) Apply remedial measures specified in Points a, c, d, dd, e, g, h, i Clause 1 Article 28 Law on Handling of Administrative Violations and Points g, h, i, k, l, m Clause 3 Article 4 of this Decree.
3. The Head of the specialized inspection team of the Ministry of Agriculture and Rural Development has the right to:
a) Caution;
b) Fine up to 35,000,000 VND;
c) Revoke the right to use licenses, practice certificates or suspend operations for a limited period of time;
d) Confiscation of exhibits and means used for administrative violations with a value of up to 35,000,000 VND;
d) Apply remedial measures specified in Points a, c, d, dd, g, h, i Clause 1 Article 28 Law on Handling of Administrative Violations and Points g, h, i, k, l, m Clause 3 Article 4 of this Decree.
4. Chief Inspector of the Ministry of Agriculture and Rural Development and Director of the Plant Protection Department have the right to:
a) Caution;
b) Fine up to 50,000,000 VND;
c) Revoke the right to use the license, certificate of eligibility, certificate of practice in plant protection and quarantine or suspend operations for a certain period of time;
d) Confiscation of exhibits and means used for administrative violations;
d) Apply remedial measures specified in Points a, c, d, dd, e, g, h, i Clause 1 Article 28 Law on Handling of Administrative Violations and Points g, h, i, k, l, m Clause 3 Article 4 of this Decree.
Article 34. Sanctioning authority of the People's Police
1. People's Public Security soldiers on duty have the right to:
a) Caution;
b) Fine up to 500,000 VND.
2. Station chiefs and team leaders of the people specified in Clause 1 of this Article have the right to:
a) Caution;
b) Fine up to 1,500,000 VND.
3. Heads of commune-level police, heads of police stations, heads of police stations at border gates and export processing zones have the right to:
a) Caution;
b) Fine up to 2,500,000 VND;
c) Confiscate evidence and means of administrative violations whose value does not exceed the fine specified in Point b of this Clause;
d) Apply remedial measures specified in the provisions Points a, c and dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
4. Head of District Police; Head of the professional department of the Road and Railway Traffic Police Department, Head of the professional department of the Waterway Police Department; The Head of the Provincial Police includes the Head of the Police Department for Administrative Management of Social Order, the Head of the Police Department for Order and Order, the Head of the Police Department for Investigation of Social Order Crimes, and the Head of the Police Department for Investigation of Crimes on Social Order. economic management order and positions, Head of the Drug Crime Investigation Police Department, Head of the Road and Railway Traffic Police Department, Head of the Waterway Police Department, Head of the Crime Prevention and Control Police Department Regarding the environment, the Head of Internal Political Security, Head of Economic Security, Head of Cultural and Ideological Security, and Head of Information Security have the right to:
a) Caution;
b) Fine up to 10,000,000 VND;
c) Revoke the right to use licenses or practice certificates for a limited period of time or suspend operations for a limited period of time;
d) Confiscate evidence and means of administrative violations whose value does not exceed the fine specified in Point b of this Clause;
d) Apply remedial measures specified in the provisions Points a, c and dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
5. The Director of the Provincial Police has the right to:
a) Caution;
b) Fine up to 25,000,000 VND;
c) Revoke the right to use licenses or practice certificates for a limited period of time or suspend operations for a limited period of time;
d) Confiscate evidence and means of administrative violations whose value does not exceed the fine specified in Point b of this Clause;
d) Apply remedial measures specified in the provisions Points a, c, dd, i and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
6. Director of the Department of Internal Political Security, Director of the Department of Economic Security, Director of the Department of Cultural and Ideological Security, Director of the Department of Information Security, Director of the Police Department of Administrative Management of Order social order, Director of the Police Department for Investigation of Social Order Crimes, Director of the Police Department for Investigation of Crimes in Economic Management Order and Position, Director of the Police Department for Investigation of Drug Crimes Director of the Road and Railway Traffic Police Department, Director of the Waterway Police Department, Director of the Environmental Crime Prevention Police Department, Director of the Police Department for preventing and combating crimes using technology Highly entitled:
a) Caution;
b) Fine up to 50,000,000 VND;
c) Revoke the right to use licenses or practice certificates for a limited period of time or suspend operations for a limited period of time;
d) Confiscate evidence and means of administrative violations;
d) Apply remedial measures specified in the provisions Points a, c, dd, i and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Clause 3, Article 4 of this Decree.
Article 35. Customs' sanctioning authority
1. Customs officers on duty have the right to:
a) Caution;
b) Fine up to 500,000 VND.
2. Team leaders of the Customs Branch and Team Leaders of the Post-Customs Clearance Inspection Department have the rights:
a) Caution;
b) Fine up to 5,000,000 VND.
3. Head of the Customs Branch, Head of the Post-clearance Inspection Branch, Head of the Control Team of the Customs Department of provinces, inter-provinces and centrally run cities, Head of the Anti-smuggling Control Team , Captain of the Customs Procedures Team, Captain of the Maritime Control Squadron and Captain of the Intellectual Property Rights Protection Control Team of the Anti-Smuggling and Investigation Department of the General Department of Customs have the right to:
a) Caution;
b) Fine up to 25,000,000 VND;
c) Confiscate evidence and means of administrative violations whose value does not exceed the fine specified in Point b of this Clause;
d) Apply remedial measures specified in the provisions Points d, dd, g, i and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
4. The Director of the Anti-Smuggling Investigation Department, the Director of the Post-Customs Clearance Inspection Department under the General Department of Customs, and the Director of the Customs Department of provinces, inter-provinces and centrally run cities have the right to:
a) Caution;
b) Fine up to 50,000,000 VND;
c) Revoke the right to use licenses or practice certificates for a limited period of time or suspend operations for a limited period of time;
d) Confiscate evidence and means of administrative violations whose value does not exceed the fine specified in Point b of this Clause;
d) Apply remedial measures specified in the provisions Points d, dd, g, i and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
5. The Director General of the General Department of Customs has the right to:
a) Caution;
b) Fine up to the maximum level specified in this Decree;
c) Confiscate evidence and means of administrative violations;
d) Apply remedial measures specified in the provisions Points d, dd, g, i and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
Article 36. Sanctioning authority of Market Management
1. Market controllers on duty have the right to:
a) Caution;
b) Fine up to 500,000 VND.
2. The Market Management Team Captain has the right to:
a) Caution;
b) Fine up to 25,000,000 VND;
c) Confiscate evidence and means of administrative violations whose value does not exceed the fine specified in Point b of this Clause;
d) Apply remedial measures specified in the provisions Points a, d, e, g, h, i and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
3. The Director of the Market Management Branch under the Department of Industry and Trade, the Head of the Anti-Smuggling Department, the Head of the Anti-Counterfeit Goods Department, and the Head of the Goods Quality Control Department under the Market Management Department have the rights:
a) Caution;
b) Fine up to 50,000,000 VND;
c) Confiscate evidence and means of administrative violations whose value does not exceed the fine specified in Point b of this Clause;
d) Suspension of the right to use licenses or practice certificates for a limited period of time or suspension of operations for a limited period of time;
d) Apply remedial measures specified in the provisions Points a, c, d, dd, e, g, h, i and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
4. The Director of the Market Management Department has the right to:
a) Caution;
b) Fine up to the maximum level specified in this Decree;
c) Confiscate evidence and means of administrative violations;
d) Suspension of the right to use licenses or practice certificates for a limited period of time or suspension of operations for a limited period of time;
d) Apply remedial measures specified in the provisions Points a, c, d, dd, e, g, h, i and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
Article 37. Sanctioning authority of the Border Guard
1. Border Guard soldiers on duty have the right to:
a) Caution;
b) Fine up to 500,000 VND.
2. Station chiefs and team leaders of the people specified in Clause 1 of this Article have the right to:
a) Caution;
b) Fine up to 2,500,000 VND.
3. The Chief of the Border Guard Station, the Chief of the Border Guard Squadron, the Commander of the Border Guard Sub-Region, the Chief of the Border Guard of the Port Border Gate have the rights:
a) Caution;
b) Fine up to 10,000,000 VND;
c) Confiscate evidence and means of administrative violations whose value does not exceed the fine specified in Point b of this Clause;
d) Apply remedial measures specified in the provisions Points a, c, dd and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
4. Commander of the Provincial Border Guard and Commander of the Border Guard Squadron under the Border Guard Command have the right to:
a) Caution;
b) Fine up to the maximum level specified in this Decree;
c) Revoke the right to use licenses or practice certificates for a limited period of time or suspend operations for a limited period of time;
d) Confiscate evidence and means of administrative violations;
d) Apply remedial measures specified in the provisions Points a, c, dd, i and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
Article 38. Sanctioning authority of the Coast Guard
1. Coast Guard officers on duty have the right to:
a) Caution;
b) Fine up to 1,000,000 VND.
2. The Head of the Coast Guard Professional Group has the right to:
a) Caution;
b) Fine up to 2,500,000 VND.
3. The Captain of the Coast Guard Professional Team and the Head of the Coast Guard Station have the right to:
a) Caution;
b) Fine up to 5,000,000 VND;
c) Apply remedial measures specified in the provisions Points a, c and dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
4. The Coast Guard Squadron Leader has the right to:
a) Caution;
b) Fine up to 10,000,000 VND;
c) Confiscate evidence and means of administrative violations whose value does not exceed the fine specified in Point b of this Clause;
d) Apply remedial measures specified in the provisions Points a, c, d, dd and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
5. The Commander of the Coast Guard Squadron has the right to:
a) Caution;
b) Fine up to 15,000,000 VND;
c) Confiscate evidence and means of administrative violations whose value does not exceed the fine specified in Point b of this Clause;
d) Apply remedial measures specified in the provisions Points a, c, d, dd and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
6. The Commander of the Coast Guard Region has the right to:
a) Caution;
b) Fine up to 25,000,000 VND;
c) Confiscate evidence and means of administrative violations whose value does not exceed the fine specified in Point b of this Clause;
d) Apply remedial measures specified in the provisions Points a, c, d, dd and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
7. Commander of the Coast Guard Command has the right to:
a) Caution;
b) Fine up to the maximum level specified in this Decree;
c) Revoke the right to use licenses or practice certificates for a limited period of time or suspend operations for a limited period of time;
d) Confiscate evidence and means of administrative violations;
d) Apply remedial measures specified in the provisions Points a, b, c, d, dd and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.
Article 39. Determination of sanctioning authority of the People's Police, Customs, Market Management, Border Guard and Coast Guard
1. Competent persons of the People's Public Security have the authority to sanction administrative violations, have the right to apply additional sanctions and remedial measures for acts of administrative violations. prescribed in this Decree according to the authority specified in Article 34 of this Decree and assigned functions, tasks and powers.
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, dd Clause 2 Article 12, Article 17, Article 20, Article 22, Article 28 and Article 30 of this Decree according to the authority specified in Article 35 of this Decree and the functions and tasks , assigned powers.
3. Competent persons of the market management agency have the authority to sanction administrative violations, have the right to apply additional forms of sanctions and remedial measures for acts of administrative violations. main provisions in Articles: 13, 14, 15, 16, 18, 19, 24, 25, 27 and 30 of this Decree according to the authority specified in Article 36 of this Decree and the functions, tasks, and powers assigned term.
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 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 the functions, tasks, assigned 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. prescribed in Article 17, Clause 1 Article 18, Clause 4 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 the functions, tasks, and powers assigned term.
Article 40. Authority to make records of administrative violations
1. Persons with authority to sanction administrative violations specified in Articles 31 to 38 of this Decree according to assigned functions, tasks and powers.
2. Civil servants and public employees who are performing official duties and tasks according to assigned functions and powers in the fields of plant varieties, plant protection and quarantine.
Article 41. Effectiveness of implementation
1. This Decree takes effect from June 25, 2016.
2. This Decree replaces Decree No 114/2013/ND-CP October 3, 2013 of the Government stipulates penalties for administrative violations in the fields of plant varieties, plant protection and quarantine.
Article 42. Transitional provisions
For administrative violations in the field of plant varieties, plant protection and quarantine that occurred before this Decree took effect but were later discovered or are being considered and resolved, the application shall apply. regulations that benefit organizations and individuals who violate them.
Article 43. Responsibility for implementation
1. The Minister of Agriculture and Rural Development is responsible for providing detailed instructions and organizing the implementation of this Decree.
2. Ministers, Heads of ministerial-level agencies, Heads of Government agencies, Chairmen of People's Committees of provinces and centrally run cities are responsible for implementing this Decree./.
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Recipients: |
TM. GOVERNMENT
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Source: GOVERNMENT ELECTRONIC INFORMATION PORTAL
