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GOVERNMENT |
SOCIALIST REPUBLIC OF VIETNAM |
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No: 14/2021/ND-CP |
Hanoi, March 1, 2021 |
REGULATIONS ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS ON LIVESTOCK LIVESTOCK
Base Law on Government Organization June 19, 2015; Law amending and supplementing a number of articles of the Law on Government Organization and the Law on Local Government Organization November 22, 2019;
Base Law on Handling of Administrative Violations June 20, 2012;
Base Law on Animal Husbandry November 19, 2018;
At the request of the Minister of Agriculture and Rural Development;
The Government promulgates a Decree regulating penalties for administrative violations of livestock production.
1. This Decree regulates administrative violations, forms of penalties, levels of penalties, remedial measures, authority to make records and authority to sanction administrative violations of breed.
2. For other administrative violations related to animal husbandry that are not specified in this Decree, the provisions of other Government decrees on sanctioning administrative violations in the field of related state management shall apply. to punish.
Article 2. Subjects of application
1. This Decree applies to organizations and individuals that commit administrative violations regarding livestock production in the territory of Vietnam.
2. Organizations specified in Clause 1 of this Article include:
a) Economic organizations established according to the provisions of Enterprise Law;
b) Economic organizations established according to the provisions of Cooperative Law;
c) Economic organizations established according to the provisions of Investment law;
d) Socio-political organizations, social organizations, socio-professional organizations;
d) Public service units and other organizations according to law.
3. Individuals specified in Clause 1 of this Article are subjects not specified in Clause 2 of this Article.
Article 3. Statute of limitations for sanctioning administrative violations
The statute of limitations for sanctioning administrative violations of animal husbandry is 01 year, except for administrative violations of production, trading, import, export of livestock breeds, animal feed, and livestock waste treatment products. livestock, livestock products, and live livestock for food, the statute of limitations for sanctioning administrative violations is 02 years.
Article 4. Forms of sanctions and remedial measures
1. For each administrative violation of animal husbandry, organizations and individuals must be subject to the main sanction of a fine.
2. Based on the nature and severity of violations, organizations and individuals committing administrative violations are also subject to one or more of the following additional forms of sanction:
a) Revoke the right to use the Certificate of training in artificial insemination and livestock embryo transfer techniques for a limited period of time or suspend operations for a limited period of time;
b) Confiscation of evidence of administrative violations, confiscation of Certificate of eligibility for animal feed production, Certificate of eligibility for animal husbandry, Certificate of training in artificial insemination, embryo transfer techniques livestock breeds, licenses to export and import livestock breeds that have been erased, edited, or falsified in content.
3. Remedial measures specified in this Decree are applied as follows:
a) Force recall of livestock breeds, livestock breed products, livestock feed, and livestock waste treatment products;
b) Forced recycling of animal feed products and livestock waste treatment products;
c) Forced change of use purpose of animal feed products, livestock breeds, livestock breed products, livestock products, livestock waste treatment products;
d) Forced re-export of animal feed products, livestock breeds, livestock breed products, livestock waste treatment products, livestock products, and live livestock for food;
d) Forced destruction of banned substances and raw materials not included in the List of raw materials permitted for use as animal feed, animal feed products, livestock breeds, animals, livestock breed products, and processed products. management of livestock waste and livestock products;
e) Forced cancellation of testing results of animal feed and animal waste treatment products; Cancel the results of testing and inspection of livestock strains and breeds;
g) Forced amendment of information for batches of animal feed products and livestock waste treatment products on product labels or accompanying technical documents;
h) Cancel animal feed product information published on the National Single Window Information Portal and the Electronic Information Portal of the Ministry of Agriculture and Rural Development;
i) Force the implementation of measures to overcome environmental pollution and report the results of overcoming the consequences of violations according to regulations;
k) Forced correction of information about animal feed products and livestock waste treatment products on the Electronic Information Portal of the Ministry of Agriculture and Rural Development;
l) Forced use of livestock for import purposes;
m) Forced to return illegal profits obtained from administrative violations;
n) Forced release of swiftlets into the natural environment;
o) Force implementation of noise reduction measures according to regulations;
p) Forced relocation of livestock and livestock farms out of areas where livestock farming is not allowed according to regulations;
q) Forced heat treatment of animals violating regulations;
r) Forced to reduce livestock scale to suit the prescribed distance.
Article 5. Regulations on fine levels and sanctioning authority
1. The maximum fine for an administrative violation of animal husbandry according to the provisions of law on handling of administrative violations.
2. The fines specified in Chapter II of this Decree are the fines applied to administrative violations committed by individuals. For organizations that commit the same violation, the fine is 2 times the fine for individuals.
3. The sanctioning authority of the positions specified in Chapter III of this Decree is the authority applicable to an individual's administrative violation. In the case of fines, the sanctioning authority for organizations is 2 times greater than the sanctioning authority for individuals.
ADMINISTRATIVE VIOLATIONS, PENALTIES AND REMEDIAL MEASURES
Section 1. VIOLATION OF REGULATIONS ON ANIMAL BREEDS
Article 6. Violations of regulations on collection, conservation, exploitation and development of genetic resources of livestock breeds
1. A fine from 15,000,000 VND to 20,000,000 VND shall be imposed for exploiting genetic resources of livestock breeds in the List of livestock breeds needing conservation inconsistent with the content approved by a competent state agency.
2. Fine from 20,000,000 VND to 25,000,000 VND for exploiting genetic resources of livestock breeds in the List of livestock breeds needing conservation without permission from a competent state agency.
3. Fines from 25,000,000 VND to 30,000,000 VND for acts of slaughtering, trading, destroying, exporting, and using newly discovered genetic resources of livestock breeds without appraisal and evaluation results. of competent state agencies.
4. Fines from 30,000,000 VND to 40,000,000 VND for acts of destroying or appropriating genetic resources of livestock breeds.
5. Fines from 40,000,000 VND to 50,000,000 VND for acts of destroying or appropriating genetic resources of precious and rare livestock breeds.
Confiscate evidence of violations for violations specified in Clauses 1, 2, 3, 4 and 5 of this Article.
Article 7. Violation of regulations on livestock breeds banned from export; exchange genetic resources of rare livestock breeds
1. A fine of from 15,000,000 VND to 20,000,000 VND shall be imposed for the act of exchanging genetic resources of precious and rare livestock breeds inconsistent with the content permitted by the Minister of Agriculture and Rural Development.
2. Fines from 20,000,000 VND to 30,000,000 VND for acts of exporting or internationally exchanging livestock breeds and livestock breed products on the List of livestock breeds banned from export for scientific research, exhibitions and advertisements inconsistent with the content permitted by competent state agencies.
3. Fine from 40,000,000 VND to 50,000,000 VND for one of the following violations:
a) Exchanging genetic resources of precious and rare livestock breeds without permission of the Minister of Agriculture and Rural Development;
b) Exporting or internationally exchanging livestock breeds and livestock breed products on the List of livestock breeds banned from export for scientific research, exhibition, and advertising without permission from a competent state agency permission.
Confiscate exhibits for violations specified in Clauses 1, 2 and 3 of this Article.
Article 8. Violations of regulations on import of livestock breeds and livestock breed products
1. Fine from 5,000,000 VND to 10,000,000 VND for importing livestock breeds and livestock breed products that are not certified by a competent authority or an organization certified by a competent authority of the exporting country about seed quality, purpose of use for breeding and creating breeds.
2. Fine from 10,000,000 VND to 15,000,000 VND for one of the following violations:
a) Importing semen and embryos from the same individual for the second time without notifying the Ministry of Agriculture and Rural Development in writing before importing;
b) Importing males from the second time of the same breed and the same production facility without notifying in writing the Ministry of Agriculture and Rural Development before importing.
3. Fine from 15,000,000 VND to 20,000,000 VND for importing cattle breeds, semen, and embryos into Vietnam for the first time without permission from a competent state management agency. .
a) Forced re-export of livestock breeds and livestock breed products for violations specified in Clause 1 of this Article; In case it cannot be re-exported, the purpose of use must be changed;
b) Forced re-export of sires, sperm, and embryos for violations specified in Clauses 2 and 3 of this Article; In cases where re-export is not possible, the male breed must be forced to change its use purpose and must destroy the sperm and embryos.
Article 9. Violations of regulations on conditions for production and sale of livestock breeds
1. Fine from 3,000,000 VND to 5,000,000 VND for buying and selling livestock breeds without keeping and fully updating breed records.
2. Fine from 5,000,000 VND to 7,000,000 VND for one of the following violations:
a) Producing each type of livestock breed without breed records, without fully updating breed records; Failure to save or incomplete storage of seed records as prescribed;
b) Facilities raising parent breeds for pigs, poultry, breeding herds, and livestock breed production do not have technical staff trained in one of the majors of animal husbandry, veterinary medicine, or biology. .
3. A fine from 7,000,000 VND to 10,000,000 VND shall be imposed for establishments that keep original breeds, breeding establishments, or livestock breeds that do not have technical staff with a university degree or higher in one of the following areas: majors in animal husbandry, veterinary medicine, and biology.
4. A fine from 10,000,000 VND to 15,000,000 VND shall be imposed for producing, trading in new livestock strains and breeds without testing results or results of science and technology tasks at ministerial or level levels. recognized country or authorized by a competent authority.
Forced recall and change of purpose of use of livestock strains and breeds sold on the market for violations specified in Clause 4 of this Article.
Article 10. Violations of regulations on conditions for production and sale of semen, embryos, breeding eggs and larvae
1. A fine from 500,000 VND to 1,000,000 VND shall be imposed for using male breeders to breed directly for commercial purposes without breed records; The male breed has not been tested or evaluated for quality.
2. Fine from 1,000,000 VND to 3,000,000 VND for one of the following violations of regulations on buying and selling semen and embryos of livestock breeds:
a) The storage place is not separate or contaminated with pesticides or toxic chemicals;
b) There are no records to monitor the preservation, sale and purchase of semen and embryos.
3. Fine from 3,000,000 VND to 5,000,000 VND for one of the following violations of regulations on individuals providing artificial insemination and livestock breed embryo transfer services:
a) Do not have a training certificate in artificial insemination or embryo transfer techniques as prescribed;
b) There are no records recording information about the head of the household, the sire number, the female breed, the date of breeding, and the time of mating according to regulations.
4. Fine from 5,000,000 VND to 7,000,000 VND for buying and selling breed eggs and livestock breed larvae without breed records according to regulations.
5. Fine from 7,000,000 VND to 10,000,000 VND for one of the following violations of regulations on production of sperm, embryos, breeding eggs, and larvae of livestock breeds:
a) There are no records to monitor semen quality indicators during the period of inspection and exploitation of male semen;
b) There is no specialized equipment that meets technical requirements to produce, test, evaluate, preserve and transport semen, embryos, breeding eggs, and larvae;
c) Producing semen from sires whose individual performance has not been tested;
d) Exploitation of breeding eggs that are not from brood stock or equivalent or higher, except in the case of exploitation in the wild.
Forced destruction of sperm and breeding eggs for violations specified in Points c and d, Clause 5 of this Article.
Article 11. Violations of regulations on quality of livestock breeds in production and sale
1. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed for the act of producing, trading in livestock breeds with each quality indicator lower than the published standards for shipments worth less than 50,000 VND. 000 VND.
2. A fine from 10,000,000 VND to 15,000,000 VND shall be imposed for the act of producing, trading in livestock breeds with each quality indicator lower than the announced standards for shipments worth from 50,000 VND. 000 VND or more.
Forced recall and change of use purpose of livestock breeds sold on the market for violations specified in Clauses 1 and 2 of this Article.
Article 12. Violations of regulations on testing and inspection of livestock strains and breeds
1. Fine from 3,000,000 VND to 5,000,000 VND for failure to keep records or keep incomplete records on the testing and inspection process of livestock strains and breeds according to regulations.
2. Fine from 5,000,000 VND to 7,000,000 VND for performing testing and inspection without meeting technical facilities.
3. Fine from 7,000,000 VND to 10,000,000 VND for performing testing and inspection without technical staff with a university degree or higher in one of the animal husbandry or veterinary majors. , biology.
4. Fine from 30,000,000 VND to 40,000,000 VND for disclosing dishonest testing and inspection results.
Suspension of testing and inspection activities of the testing facility from 01 month to 03 months for violations specified in Clauses 2 and 3 of this Article.
Forced cancellation of testing and inspection results for violations specified in Clauses 2, 3 and 4 of this Article.
Article 13. Violations of regulations on certificates and licenses in livestock breed management
1. Fine from 3,000,000 VND to 5,000,000 VND for one of the following violations:
a) Rent, lend or use training certificates on artificial insemination and animal breed embryo transfer techniques to others;
b) Practicing artificial insemination and embryo transfer of livestock breeds but do not have a training certificate in artificial insemination and embryo transfer techniques of livestock breeds.
2. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed for erasing, altering or falsifying the content of one of the following documents:
a) Certificate of training in artificial insemination and animal breed embryo transfer techniques;
b) License to export and import livestock breeds.
a) Suspension of the right to use the Certificate of training in artificial insemination and livestock embryo transfer techniques from 03 months to 06 months for violations specified in Point a, Clause 1 of this Article;
b) Confiscate training certificates on artificial insemination, embryo transfer techniques of livestock breeds, and licenses to export and import livestock breeds for violations specified in Clause 2 of this Article. Supplement
Section 2. VIOLATIONS OF REGULATIONS ON ANIMAL FEED
Article 14. Violations of regulations on conditions for animal feed production facilities
1. Fine from 3,000,000 VND to 5,000,000 VND for one of the following violations:
a) Not having appropriate lines and equipment to produce animal feed according to regulations;
b) There are no measures to control harmful animals, impurities, and waste that cause contamination, affecting the safety and quality of animal feed;
c) There is no equipment or measuring instruments inspected and calibrated according to regulations;
d) Failure to analyze the quality of animal feed products during the production process;
d) There is no technical person in charge or the technical person in charge has inappropriate professional qualifications;
e) There is no solution to collect and treat waste to avoid product contamination;
g) Do not design production areas or arrange equipment according to one-way rules from input materials to output products, ensuring separation between production areas to avoid cross-contamination; except in cases where raw materials and finished products are tightly packaged or production areas are arranged separately;
h) There are no measures to preserve animal feed ingredients as recommended by the supplying organization or individual.
2. Fine from 5,000,000 VND to 10,000,000 VND for one of the following violations:
a) Change information about organizations and individuals in the Certificate of eligibility for animal feed production but do not carry out procedures to be reissued according to regulations;
b) Facilities producing animal feed containing antibiotics do not have control measures to ensure no spread or cross-contamination between different types of antibiotics, between animal feed containing antibiotics and animal feed that does not. contains antibiotics.
3. Fine from 10,000,000 VND to 15,000,000 VND for producing each animal feed product that has not had product information published on the Electronic Information Portal of the Ministry of Agriculture and Rural Development .
4. Fine from 15,000,000 VND to 20,000,000 VND for acts of erasing, erasing, or falsifying content in the Certificate of eligibility for animal feed production.
5. A fine of from 20,000,000 VND to 25,000,000 VND shall be imposed on an animal feed production facility whose production location is located in an area contaminated by hazardous waste and toxic chemicals without Take preventive measures to prevent the risk of pollution.
6. Fine from 25,000,000 VND to 30,000,000 VND for acts of producing animal feed while production is suspended by a competent state agency.
7. Fine from 30,000,000 VND to 35,000,000 VND for producing animal feed without a Certificate of eligibility for animal feed production.
a) Confiscate the Certificate of eligibility for animal feed production for violations specified in Clause 4 of this Article;
b) Suspension of animal feed production activities from 01 month to 03 months for violations specified in Clause 3 and Clause 5 of this Article.
Force recall and change of use purpose of animal feed products sold on the market for violations specified in Clauses 3, 5, 6 and 7 of this Article.
Article 15. Violations of regulations on product information disclosure and obligations of animal feed producers
1. Fine from 1,000,000 VND to 3,000,000 VND for changing information on product labels published on the Electronic Information Portal of the Ministry of Agriculture and Rural Development without making the announcement. Change information according to regulations.
2. Fine from 3,000,000 VND to 5,000,000 VND for one of the following violations:
a) Failure to save samples or animal feed testing results according to regulations;
b) Failure to implement the quality control process or incomplete implementation of the contents of the quality control process;
c) Failure to record and save production logs as prescribed.
3. Fine from 5,000,000 VND to 7,000,000 VND for one of the following violations:
a) Intentionally correcting or erasing to falsify the content of documents or declaring untruths in the application for publication of information for each animal feed product on the Ministry of Agriculture's electronic information portal Industry and Rural Development;
b) Intentionally correcting or erasing information to falsify the content of documents or declaring untruths in the self-declaration dossier of information for each animal feed product on the Ministry of Agriculture's Electronic Information Portal and Rural Development.
4. Fines from 7,000,000 VND to 10,000,000 VND for obstructing or failing to comply with requirements for assessment, supervision and maintenance of animal feed production conditions.
Suspension of animal feed production activities from 01 month to 03 months for violations specified in Clause 4 of this Article.
a) Cancel animal feed product information published on the Electronic Information Portal of the Ministry of Agriculture and Rural Development for violations specified in Point a, Clause 3 of this Article;
b) Force correction of untrue information on the Electronic Information Portal of the Ministry of Agriculture and Rural Development for violations specified in Point b, Clause 3 of this Article.
Article 16. Violations of quality regulations in animal feed production
1. Fine from 3,000,000 VND to 5,000,000 VND for producing each animal feed product with quantitative content of each quality indicator lower than the minimum level or higher than the maximum level from 2% to less than 5% compared to the standards announced to apply or written on the product label or each safety criterion exceeds from 2% to less than 5% compared to the provisions in the corresponding technical regulations or announced and applied standards .
2. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed for producing each animal feed product with the quantitative content of each quality indicator other than the main substance lower than the minimum level or higher than the minimum level. maximum from 5% to less than 15% compared to the announced applicable standards or written on the product label.
3. Fine from 10,000,000 VND to 15,000,000 VND for one of the following violations of regulations on production of each animal feed product:
a) The quantitative content of each quality indicator other than the main substance is lower than the minimum level or higher than the maximum level from 15% to less than 30% compared to the announced applicable standards or written on the product label;
b) The quantitative content of each main substance is lower than the minimum level or higher than the maximum level from 5% to less than 15% compared to the announced applicable standards or written on the product label.
4. Fine from 15,000,000 VND to 20,000,000 VND for one of the following violations of regulations on production of each animal feed product:
a) The quantitative content of each quality indicator other than the main substance is lower than the minimum level or higher than the maximum level of 30% or higher compared to the announced applicable standards or written on the product label;
b) The quantitative content of each main substance is lower than the minimum level or higher than the maximum level from 15% to less than 30% compared to the announced applicable standards or written on the product label.
5. Fine from 20,000,000 VND to 25,000,000 VND for one of the following violations of regulations on production of each animal feed product:
a) Each harmful microorganism indicator exceeds the maximum threshold specified in technical regulations or published applicable standards;
b) Have a quantitative content of each safety indicator higher than the maximum level of 5% or higher compared to regulations in technical regulations or published applicable standards.
Forced recycling of batches of animal feed products for violations specified in Clauses 2, 3, 4 and 5 of this Article; In cases where recycling is not possible, the purpose of use must be changed; In case the purpose of use cannot be changed, it must be destroyed.
Article 17. Violations of regulations on conditions for establishments buying, selling and importing animal feed
1. A fine from 2,000,000 VND to 3,000,000 VND shall be imposed for one of the following violations of regulations on conditions for animal feed trading establishments:
a) There is no equipment or tools to preserve animal feed according to the instructions of the producing or supplying organization or individual;
b) There are no measures to prevent and control harmful animals.
2. Fines from 3,000,000 VND to 5,000,000 VND for places where animal feed is displayed or stored not separated or contaminated by pesticides, fertilizers, or other toxic chemicals .
3. A fine from 5,000,000 VND to 7,000,000 VND shall be imposed on an animal feed importer that commits one of the following violations:
a) Intentionally correcting or erasing to falsify the content of documents or declaring untruths in the registration dossier for quality inspection and confirmation of each animal feed product on the National Single Window Information Portal family;
b) Intentionally correcting or erasing to falsify the content of documents or declaring untruths in the dossier requesting information disclosure for each animal feed product on the Ministry of Agriculture's electronic information portal. Industry and Rural Development;
c) Intentionally correcting or erasing information to falsify the content of documents or declaring untruths in the self-declaration dossier of information for each animal feed product on the Ministry of Agriculture's Electronic Information Portal and Rural Development;
d) Not having or not renting a warehouse to preserve animal feed that meets the requirements for ensuring quality and food safety according to the provisions of law and recommendations of supplying organizations and individuals.
4. Fine from 7,000,000 VND to 10,000,000 VND for one of the following violations:
a) Buy and sell each animal feed product that has not had product information published on the Electronic Information Portal of the Ministry of Agriculture and Rural Development;
b) Importing animal feed for which product information has not been published on the Electronic Information Portal of the Ministry of Agriculture and Rural Development, except for importing for introduction at fairs, exhibitions, adaptive farming, research, testing, making samples for analysis in laboratories, production and processing for export purposes.
5. Fine from 10,000,000 VND to 15,000,000 VND for misuse of the import license for each animal feed product for introduction at fairs, exhibitions, adaptive farming, research, testing, making samples for analysis in laboratories, production and processing for export purposes.
6. Fine from 15,000,000 VND to 20,000,000 VND for updating untrue information for each imported animal feed shipment exempted from state quality inspection on the Information Portal national one-stop shop of the Ministry of Agriculture and Rural Development.
Suspension of animal feed trading and import activities from 01 month to 03 months for violations specified in Clause 4 of this Article.
a) Cancel animal feed product information published on the National Single Window Information Portal, the Electronic Information Portal of the Ministry of Agriculture and Rural Development for violations specified in Point b Clause 3 This;
b) Force correction of false information on the Electronic Information Portal of the Ministry of Agriculture and Rural Development for violations specified in Point c, Clause 3 of this Article;
c) Forced change of purpose of use of batch of animal feed products for violations specified in Point a, Clause 4 of this Article; In case the purpose of use cannot be changed, it must be destroyed;
d) Forced re-export of batches of animal feed products for violations specified in Point b, Clause 4 of this Article; In case it cannot be re-exported, it must be destroyed;
d) Forced destruction of batches of animal feed products for violations specified in Clause 5 of this Article.
Article 18. Violations of regulations on quality in purchasing and selling animal feed
1. Fine from 1,000,000 VND to 3,000,000 VND for buying and selling each animal feed product with quantitative content of each quality indicator lower than the minimum level or higher than the maximum level from 2% to less than 5% compared to the standards announced or recorded on the product label or each safety criterion exceeds from 2% to less than 5% compared to the provisions in technical regulations or published applicable standards.
2. A fine from 3,000,000 VND to 5,000,000 VND shall be imposed for the act of trading each animal feed product with the quantitative content of each quality indicator other than the main substance lower than the minimum level or higher than the minimum level. maximum from 5% to less than 15% compared to the announced applicable standards or written on the product label.
3. Fine from 5,000,000 VND to 7,000,000 VND for one of the following violations of regulations on trading of each animal feed product:
a) The quantitative content of each quality indicator other than the main substance is lower than the minimum level or higher than the maximum level from 15% to less than 30% compared to the announced applicable standards or written on the product label;
b) The quantitative content of each main substance is lower than the minimum level or higher than the maximum level from 5% to less than 15% compared to the announced applicable standards or written on the product label.
4. A fine from 7,000,000 VND to 10,000,000 VND shall be imposed for the act of trading each animal feed product with the quantitative content of each quality indicator other than the main substance lower than the minimum level or higher than the minimum level. maximum from 30% or higher compared to the announced applicable standards or written on the product label.
5. Fine from 10,000,000 VND to 15,000,000 VND for the act of buying and selling each animal feed product with the quantitative content of each main substance lower than the minimum level or higher than the maximum level from 15% to below 30% compared to the standards announced or stated on the product label.
6. Fine from 15,000,000 VND to 20,000,000 VND for one of the following violations of regulations on trading of each animal feed product:
a) Each harmful microbial indicator exceeds the allowable threshold specified in applicable technical regulations or published standards;
b) Have a quantitative content of each safety indicator higher than the maximum level of 5% or higher compared to regulations in national technical regulations or published applicable standards.
Force recall and recycling of batches of animal feed products for violations specified in Clauses 2, 3, 4, 5 and 6 of this Article; In cases where recycling is not possible, the purpose of use must be changed; In case the purpose of use cannot be changed, it must be destroyed.
Article 19. Violations of quality regulations in importing animal feed
1. Fine from 3,000,000 VND to 5,000,000 VND for importing each animal feed product with quantitative content of each quality indicator lower than the minimum level or higher than the maximum level from 2% to less than 5% compared to the standards announced to apply or written on the product label or each safety criterion exceeds from 2% to less than 5% compared to the provisions in technical regulations or in announced and applied standards.
2. Fine from 5,000,000 VND to 10,000,000 VND for importing each animal feed product with quantitative content of each quality indicator other than the main substance lower than the minimum level or higher. The maximum level is from 5% to less than 15% compared to the announced applicable standards or written on the product label.
3. Fine from 10,000,000 VND to 15,000,000 VND for one of the following violations of regulations on import of each animal feed product:
a) The quantitative content of each quality indicator other than the main substance is lower than the minimum level or higher than the maximum level from 15% to less than 30% compared to the announced applied standards or written on the product label;
b) Having the quantitative content of each main substance indicator lower than the minimum level or higher than the maximum level from 5% to less than 15% compared to the announced applicable standards or written on the product label.
4. Fine from 15,000,000 VND to 20,000,000 VND for one of the following violations of regulations on import of each animal feed product:
a) Each harmful microorganism indicator exceeds the allowable threshold specified in technical regulations or published applicable standards;
b) Have a quantitative content of each safety indicator higher than the maximum level from 5% to less than 30% compared to the provisions in technical regulations or published applicable standards;
c) Having the quantitative content of each main substance indicator lower than the minimum level or higher than the maximum level from 15% to less than 30% compared to the announced applicable standards or written on the product label;
d) Have a quantitative content of each quality indicator other than the main substance that is lower than the minimum level or higher than the maximum level of 30% or higher compared to the announced applicable standards or written on the product label.
5. Fine from 20,000,000 VND to 25,000,000 VND for importing each animal feed product with quantitative content of each safety indicator higher than the maximum level of 30% or higher compared to regulations in technical regulations or in published applicable standards.
a) Force changes to quality information on animal feed product labels or technical documents accompanying batches of animal feed products without affecting livestock for violations specified in Clause 1, 2 and 3 This; In case the information cannot be modified, it must be recycled or converted to use;
b) Forced recycling of batches of animal feed products for violations of Clause 4 of this Article; In cases where recycling is not possible, the purpose of use must be changed; In case the purpose of use cannot be changed, it must be re-exported or destroyed;
c) Forced change of purpose of use of batches of animal feed products for violations specified in Clause 5 of this Article; In case the purpose of use cannot be changed, it must be re-exported or destroyed.
Article 20. Violations of regulations on trading and importing expired animal feed and using expired raw materials in animal feed production
1. Penalties for buying, selling and importing each expired animal feed product indicated on the label or documents accompanying the animal feed product are as follows:
a) Fine from 200,000 VND to 400,000 VND in case the value of the violated goods is less than 1,000,000 VND;
b) Fine from 400,000 VND to 600,000 VND in case the value of the violating goods is from 1,000,000 VND to under 2,000,000 VND;
c) Fine from 600,000 VND to 1,000,000 VND in case the value of the violating goods is from 2,000,000 VND to under 3,000,000 VND;
d) Fine from 1,000,000 VND to 2,000,000 VND in case the value of the violating goods is from 3,000,000 VND to under 5,000,000 VND;
d) Fine from 2,000,000 VND to 3,000,000 VND in case the value of the violating goods is from 5,000,000 VND to under 10,000,000 VND;
e) Fine from 3,000,000 VND to 5,000,000 VND in case the value of the violating goods is from 10,000,000 VND to under 20,000,000 VND;
g) Fine from 5,000,000 VND to 7,000,000 VND in case the value of the violating goods is from 20,000,000 VND to under 30,000,000 VND;
h) Fine from 7,000,000 VND to 10,000,000 VND in case the value of the violating goods is from 30,000,000 VND to under 40,000,000 VND;
i) Fine from 10,000,000 VND to 15,000,000 VND in case the value of the violating goods is from 40,000,000 VND to less than 50,000,000 VND;
k) Fine from 15,000,000 VND to 20,000,000 VND in case the value of the violating goods is from 50,000,000 VND to under 70,000,000 VND;
l) Fine from 20,000,000 VND to 30,000,000 VND in case the value of the violating goods is from 70,000,000 VND to under 100,000,000 VND;
m) Fine from 30,000,000 VND to 40,000,000 VND in case the value of the violated goods is 100,000,000 VND or more.
2. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed for not recording or incorrectly recording the date of manufacture on labels or documents accompanying animal feed products during the production or import of each feed product. eat livestock.
3. A fine from 10,000,000 VND to 15,000,000 VND shall be imposed for producing animal feed using each type of raw material or each animal feed product that has expired.
a) Forced to return illegal profits obtained from committing violations specified in Clause 1 of this Article;
b) Force recall and change of purpose of use of batches of animal feed products for violations specified in Clauses 1 and 3 of this Article; In case the purpose of use cannot be changed, it must be re-exported or destroyed;
c) Forced amendment of information for batches of animal feed products for violations specified in Clause 2 of this Article.
Article 21. Violations of regulations on animal feed testing
1. A fine for one of the violations of regulations on animal feed testing shall be imposed at the following fine levels:
a) A fine from 5,000,000 VND to 10,000,000 VND shall be imposed for the testing facility not keeping or not keeping complete records of the animal feed testing process according to regulations;
b) A fine from 10,000,000 VND to 15,000,000 VND shall be imposed for the testing facility not having a technical person in charge with a university degree or higher in one of the fields of animal husbandry, veterinary medicine, or biology. science, food technology, post-harvest technology;
c) Fine from 15,000,000 VND to 20,000,000 VND for testing establishments that do not have physical facilities and technical equipment that meet the testing requirements for each type of animal feed.
2. Fine from 20,000,000 VND to 25,000,000 VND for disclosing dishonest animal feed testing results.
Suspension of testing activities of the animal feed testing facility from 01 month to 03 months for violations specified in Clause 2 of this Article.
Forced cancellation of conducted animal feed testing results for violations specified in Points b and c, Clause 1, Clause 2 of this Article.
Article 22. Violations of regulations on production, sale and import of animal feed containing antibiotics
1. A fine from 5,000,000 VND to 10,000,000 VND shall be imposed for producing, trading, or importing each animal feed product with antibiotic content different from that stated on the product label or documents. Enclosed from 10% to under 30%.
2. Fine from 10,000,000 VND to 15,000,000 VND for one of the following violations:
a) Producing, trading, importing each animal feed product containing antibiotics without clearly stating the name and antibiotic content, instructions for use, and time to stop using on the product label or accompanying documents;
b) Producing, trading, importing each animal feed product with antibiotic content different from the prescribed content or on the product label or accompanying documents from 30% or higher;
c) Producing and importing each animal feed product containing antibiotics without a prescription or without a prescription from a person with a practicing certificate for preventing and treating animal diseases according to the provisions of veterinary law.
3. Fine from 15,000,000 VND to 20,000,000 VND for one of the following violations:
a) Producing and importing each animal feed product containing antibiotics, which is not a complete mixed feed for cattle and poultry or concentrate feed for grass-fed animals according to regulations;
b) Producing, trading, importing each animal feed product containing antibiotics for the purpose of disease prevention for livestock other than at the juvenile stage as prescribed;
c) Producing, trading, importing each animal feed product containing antibiotics for the purpose of stimulating growth.
4. Fine from 20,000,000 VND to 25,000,000 VND for the act of producing, trading, importing each animal feed product containing antibiotics that is not a veterinary medicine allowed to circulate in Vietnam or has not been permitted by a competent authority and has a value of less than 200,000,000 VND or illegal profits of less than 100,000,000 VND.
5. Fine from 25,000,000 VND to 30,000,000 VND for the act of producing, trading, importing each animal feed product containing antibiotics that is not a veterinary medicine allowed to circulate in Vietnam or has not been permitted by a competent authority with a value of 200,000,000 VND or more or illegal profits of 100,000,000 VND or more in the case of 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) Forced amendment of information on batches of animal feed containing antibiotics in terms of antibiotic name, antibiotic content, instructions for use, and period of discontinuation of use on the product label or accompanying documents for violations; violating the provisions at point a, clause 2 of this Article;
b) Forced recycling of batches of animal feed products containing antibiotics in production, sale and purchase for violations specified in Clause 1 and Point b Clause 2 of this Article; In case it cannot be recycled, it must be destroyed;
c) Forced destruction of batches of animal feed products containing antibiotics during production, sale and purchase for violations specified in Point c, Clause 2, Clause 3, Clause 4 and Clause 5 of this Article;
d) Forced re-export of imported batches of animal feed products containing antibiotics for violations specified in Clause 1, Points b and c, Clause 2, Clause 3, Clause 4, Clause 5 of this Article; In case it cannot be re-exported, it must be destroyed.
Article 23. Violations of regulations on use of animal feed ingredients
1. Fine from 10,000,000 VND to 15,000,000 VND for using each type of raw material that is not on the List of raw materials allowed to be used as animal feed to produce valuable animal feed. under 200,000,000 VND or illegal profits under 100,000,000 VND.
2. Fine from 15,000,000 VND to 20,000,000 VND for using each type of raw material that is not on the List of raw materials allowed to be used as animal feed to produce valuable animal feed. from 200,000,000 VND or more or illegal profit from 100,000,000 VND or more 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) Forced to return illegal profits obtained from committing violations specified in Clauses 1 and 2 of this Article;
b) Forced conversion of the use purpose of batches of raw materials and batches of animal feed products containing ingredients not included in the List of ingredients allowed to be used as animal feed for violations specified in Clause 1 of this Article. 1 and Clause 2 of this Article; In case the purpose of use cannot be changed, it must be destroyed.
Section 3. VIOLATIONS OF REGULATIONS ON LIVESTOCK CONDITIONS
Article 24. Violations of regulations on farming conditions for farm households
1. Fine from 1,000,000 VND to 2,000,000 VND for fraudulent acts in declaration for the purpose of profiteering.
2. Fine from 2,000,000 VND to 3,000,000 VND for raising livestock in areas where livestock farming is not allowed.
a) Forced to return illegal profits obtained from committing violations specified in Clause 1 of this Article;
b) Forced removal of livestock from areas where livestock farming is not permitted for violations specified in Clause 2 of this Article.
Article 25. Violations of regulations on livestock raising conditions on medium- and small-scale farms
1. Fine from 2,000,000 VND to 3,000,000 VND for one of the following acts:
a) Failure to keep and update complete records on livestock farming activities, use of animal feed, veterinary drugs, vaccines and other information to ensure traceability;
b) Not ensuring a safe distance in farm livestock according to regulations.
2. Penalties for violating regulations on livestock declaration are as follows:
a) Fine from 3,000,000 VND to 5,000,000 VND for failure to declare;
b) Fine from 5,000,000 VND to 10,000,000 VND for fraudulent acts in declaration for the purpose of profiteering.
3. Fine from 10,000,000 VND to 15,000,000 VND for raising livestock in areas where livestock farming is not allowed according to regulations.
a) Forced reduction of livestock scale to suit the prescribed distance for violations specified in Point b, Clause 1 of this Article;
b) Forced to return illegal profits obtained from committing violations specified in Point b, Clause 2 of this Article;
c) Forced relocation of farms out of areas where livestock farming is not permitted for violations specified in Clause 3 of this Article.
Article 26. Violations of regulations on large-scale farm farming conditions
1. Fine from 3,000,000 VND to 5,000,000 VND for one of the following acts:
a) Failure to keep and update complete records on livestock farming activities, use of animal feed, veterinary drugs, vaccines and other information to ensure traceability;
b) Change information about organizations and individuals in the issued Certificate of eligibility for livestock production but do not carry out procedures to register for re-issuance of the Certificate of eligibility for livestock production;
c) Not ensuring a safe distance in farm livestock according to regulations.
2. A fine from 5,000,000 VND to 7,000,000 VND shall be imposed for evading, obstructing or not complying with requirements for conducting assessment, monitoring and maintaining livestock conditions.
3. Fines from 7,000,000 VND to 10,000,000 VND for acts of erasing, erasing, or falsifying content in the Certificate of eligibility for livestock production.
4. Penalties for violations of livestock declaration are as follows:
a) Fine from 5,000,000 VND to 10,000,000 VND for failure to declare;
b) Fine from 10,000,000 VND to 15,000,000 VND for fraudulent acts in declaration for profiteering purposes.
5. Fine from 15,000,000 VND to 20,000,000 VND for conducting livestock farming activities without a Certificate of eligibility for livestock farming.
6. Fine from 20,000,000 VND to 25,000,000 VND for raising livestock in areas where livestock farming is not allowed.
Confiscate the Certificate of eligibility for animal husbandry for violations specified in Clause 3 of this Article.
a) Forced reduction of livestock scale to suit the prescribed distance for violations specified in Point c, Clause 1 of this Article;
b) Forced to return illegal profits obtained from committing violations specified in Point b, Clause 4 of this Article;
c) Forced relocation of livestock farms out of areas where livestock farming is not permitted for violations specified in Clause 6 of this Article.
Article 27. Violations of regulations on bird nest farming activities
1. Fine from 3,000,000 VND to 5,000,000 VND for using loudspeakers to emit sound to lure swiftlets in cases where the bird's nest house is located in a residential area or the bird's nest house is less than 300 m from a residential area. operating before the date of Decree No 13/2020/ND-CP take effect.
2. Fine from 5,000,000 VND to 10,000,000 VND for one of the following violations:
a) Using sound generating devices to lure swiftlets beyond the maximum noise level allowed by regulations;
b) Play sounds to attract swiftlets outside the prescribed time period.
3. A fine from 10,000,000 VND to 15,000,000 VND shall be imposed for the act of hunting or luring swiftlets for purposes other than raising swiftlets for nest exploitation or scientific research.
Confiscate exhibits used to commit violations specified in Clause 3 of this Article.
a) Force the implementation of noise reduction measures according to regulations for violations specified in Point a, Clause 2 of this Article;
b) Forced release of swiftlets into the natural environment for violations specified in Clause 3 of this Article.
Article 28. Violations of regulations on using banned substances and animal feed containing antibiotics in livestock production
1. The act of using animal feed containing antibiotics without complying with the instructions of the organization or individual producing or providing animal feed shall be penalized as follows:
a) Fine from 500,000 VND to 1,000,000 VND for small-scale livestock farming;
b) Fine from 1,000,000 VND to 3,000,000 VND for medium-sized livestock farms;
c) Fine from 3,000,000 VND to 5,000,000 VND for large-scale livestock farming.
2. The act of not recording the use of animal feed containing antibiotics to prevent diseases in young animals or treat infected animals will be punished as follows:
a) Fine from 1,000,000 VND to 3,000,000 VND for small-scale livestock farming;
b) Fine from 3,000,000 VND to 5,000,000 VND for medium-sized livestock farms;
c) Fine from 5,000,000 VND to 7,000,000 VND for large-scale livestock farming.
3. The act of using animal feed containing antibiotics for the purpose of stimulating growth is punished as follows:
a) Fine from 1,000,000 VND to 3,000,000 VND for livestock farming;
b) Fine from 3,000,000 VND to 5,000,000 VND for small-scale livestock farming;
c) Fine from 5,000,000 VND to 7,000,000 VND for medium-scale livestock farming;
d) Fine from 7,000,000 VND to 10,000,000 VND for large-scale livestock farming.
4. Penalties for using banned substances in livestock farming are as follows:
a) A fine of from 50,000,000 VND to 60,000,000 VND shall be imposed for the act of using each banned substance in animal husbandry that does not reach the level of criminal prosecution;
b) Fine from 70,000,000 VND to 80,000,000 VND for the act of using each banned substance in livestock to the extent of criminal prosecution but 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) Force conversion of the purpose of using animal feed containing antibiotics for violations specified in Clause 3 of this Article; In case the purpose of use cannot be converted, it must be destroyed;
b) Forced destruction of banned substances and pets that have used banned substances for violations specified in Clause 4 of this Article.
Article 29. Violations of regulations on livestock farming, humane treatment of livestock, and control of slaughter of terrestrial animals
1. Fine from 1,000,000 VND to 3,000,000 VND for acts of beating and cruelly torturing pets.
2. A fine from 3,000,000 VND to 5,000,000 VND shall be imposed on a centralized slaughterhouse that commits one of the following violations:
a) There is no place to keep livestock to ensure hygiene before slaughter;
b) Beating livestock before slaughter;
c) There are no measures to cause animals to faint before slaughter.
3. Fine from 10,000,000 VND to 15,000,000 VND for acts of illegally obstructing, sabotaging, or infringing on legal livestock farming activities.
4. The act of putting foreign objects, forcing water or other substances into the body of terrestrial animals before slaughter is punished as follows:
a) Fine from 5,000,000 VND to 10,000,000 VND in cases where the total weight of violating animals is less than 100 kg;
b) Fine from 10,000,000 VND to 20,000,000 VND in cases where the total weight of violating animals is from 100 kg to under 500 kg;
c) Fine from 20,000,000 VND to 30,000,000 VND in cases where the total weight of violating animals is from 500 kg to less than 1,000 kg;
d) Fine from 30,000,000 VND to 50,000,000 VND in cases where the total weight of violating animals is 1,000 kg or more.
a) Confiscate evidence of violations for acts of sabotage of livestock farming activities specified in Clause 3 of this Article;
b) Suspend the establishment's operations from 01 month to 06 months for violations specified in Clause 4 of this Article.
Forced heat treatment of animals committing violations specified in Clause 4 of this Article; In case of repeat violation, it will be forced to destroy.
Article 30. Violations of regulations on farm livestock waste treatment
1. Penalties for violating regulations on treatment of solid waste of organic origin that do not meet national technical regulations are as follows:
a) Fine from 1,000,000 VND to 3,000,000 VND for small-scale livestock farming;
b) Fine from 3,000,000 VND to 5,000,000 VND for medium-sized livestock farms;
c) Fine from 5,000,000 VND to 7,000,000 VND for large-scale livestock farming.
2. Violations of regulations on livestock wastewater treatment that do not meet national technical regulations on livestock wastewater for crops are punished as follows:
a) Fine from 3,000,000 VND to 5,000,000 VND for small-scale livestock farming;
b) Fine from 5,000,000 VND to 7,000,000 VND for medium-sized livestock farms;
c) Fine from 7,000,000 VND to 10,000,000 VND for large-scale livestock farming.
3. Penalties for violating regulations on treating emissions from livestock activities that do not meet national technical regulations on livestock emissions are as follows:
a) Fine from 3,000,000 VND to 5,000,000 VND for small-scale livestock farming;
b) Fine from 5,000,000 VND to 7,000,000 VND for medium-sized livestock farms;
c) Fine from 7,000,000 VND to 10,000,000 VND for large-scale livestock farming.
Forced to take measures to remediate environmental pollution and report the remedial results within the time limit set by the person with sanctioning authority in the decision on sanctioning administrative violations for violations of regulations. in Clause 3 of this Article.
Article 31. Violations of regulations on livestock waste treatment for farm households
1. A fine from 500,000 VND to 1,000,000 VND shall be imposed for not taking measures to treat feces and livestock wastewater to ensure environmental hygiene and affecting surrounding people.
Forced to take measures to remediate environmental pollution and report the remedial results within the time limit set by the person with sanctioning authority in the decision on sanctioning administrative violations for violations of regulations. in Clause 1 of this Article.
Article 32. Violations of regulations on trading and importing livestock waste treatment products
1. Fine from 5,000,000 VND to 10,000,000 VND for one of the following violations:
a) Buy and sell each livestock waste treatment product whose quality is lower than the minimum level or higher than the maximum level of 5% or higher compared to the announced applicable standards;
b) Import each livestock waste treatment product whose quality is lower than the minimum level or higher than the maximum level of 5% or higher compared to the applicable announced standards.
2. Fine from 10,000,000 VND to 15,000,000 VND for one of the following violations:
a) Buy and sell each livestock waste treatment product that has not had product information published on the Electronic Information Portal of the Ministry of Agriculture and Rural Development;
b) Import each livestock waste treatment product that has not had product information published on the Electronic Information Portal of the Ministry of Agriculture and Rural Development.
3. Fine from 15,000,000 VND to 20,000,000 VND for one of the following violations:
a) Buying and selling livestock waste treatment products during the period when competent state agencies suspend the purchase and sale of livestock waste treatment products;
b) Importing livestock waste treatment products during the period when competent state agencies suspend the import of livestock waste treatment products.
Suspension of trading and importing livestock waste treatment products for a period of 01 month to 03 months for violations specified in Clause 2 of this Article.
a) Force recall and conversion of livestock waste treatment products for violations specified in Point a Clause 1, Point a Clause 2 and Point a Clause 3 of this Article; In case the purpose of use cannot be changed, it must be destroyed;
b) Forced re-export of livestock waste treatment products for violations specified in Point b Clause 1, Point b Clause 2 and Point b Clause 3 of this Article; In case it cannot be re-exported, the purpose of use must be changed; In case the purpose of use cannot be changed, it must be destroyed.
Article 33. Violations of regulations for establishments producing livestock waste treatment products
1. Fine from 3,000,000 VND to 5,000,000 VND for one of the following violations:
a) There is no technical person in charge with a university degree or higher in one of the majors of animal husbandry, veterinary medicine, chemistry, biotechnology, or environmental technology;
b) Failure to analyze the quality of livestock waste treatment products during the production process;
c) There are no suitable lines and equipment to produce products;
d) Not having adequate measuring equipment and tools to monitor quality and ensure accuracy according to the law on measurement;
d) There is no warehouse to preserve products;
e) There is no equipment to create an environment, store and cultivate microorganisms to ensure safety for people and the environment in the case of a facility producing microbial biomass to produce livestock waste treatment products. .
2. Fine from 5,000,000 VND to 10,000,000 VND for intentional correction or erasure to falsify the content of documents or untrue declaration in the information disclosure file for each product. livestock waste treatment products on the Electronic Information Portal of the Ministry of Agriculture and Rural Development.
3. Fine from 10,000,000 VND to 15,000,000 VND for producing each livestock waste treatment product with quality lower than the minimum level or higher than the maximum level of 5% or higher compared to the standard. published standards apply.
4. Fine from 15,000,000 VND to 20,000,000 VND for manufacturing each livestock waste treatment product that has not had product information published on the Electronic Information Portal of the Ministry of Agriculture and Development countryside.
5. A fine from 20,000,000 VND to 30,000,000 VND shall be imposed for producing livestock waste treatment products while the competent state agency suspends production.
Suspension of production activities of livestock waste treatment products from 01 month to 03 months for violations specified in Clause 4 of this Article.
a) Force correction of false information on the Electronic Information Portal of the Ministry of Agriculture and Rural Development for violations specified in Clause 2 of this Article;
b) Forced recycling of livestock waste treatment products for violations specified in Clause 3 of this Article; In cases where recycling is not possible, the purpose of use must be changed;
c) Force change of use purpose of livestock waste treatment products for violations specified in Clauses 4 and 5 of this Article; In case the purpose of use cannot be changed, it must be destroyed.
Article 34. Violations of regulations on testing livestock waste treatment products
1. Fine from 10,000,000 VND to 20,000,000 VND for one of the following violations:
a) There are no physical facilities and technical equipment that meet testing requirements suitable for testing each livestock waste treatment product;
b) There is no technical person in charge with a university degree or higher in one of the majors of animal husbandry, veterinary medicine, chemistry, biotechnology, or environmental technology;
c) There is no equipment to grow or hold microorganisms to serve the testing in case the facility tests microbial products used to treat livestock waste;
d) Failure to keep records or incomplete records of testing results of livestock waste treatment products according to regulations.
2. Fine from 20,000,000 VND to 25,000,000 VND for disclosing dishonest testing results of livestock waste treatment products.
Suspend testing activities of facilities testing livestock waste treatment products from 01 month to 03 months for violations specified in Point b, Clause 1 and Clause 2 of this Article.
Forced cancellation of results of testing of livestock waste treatment products conducted for the acts specified in Points b and c, Clause 1, Clause 2 of this Article.
Article 35. Violations of regulations on import of livestock products and live livestock for food
1. Fine from 30,000,000 VND to 40,000,000 VND for one of the following violations:
a) Importing live livestock for food but keeping them for commercial purposes;
b) Importing any livestock product containing banned substances in livestock but not to the extent of criminal prosecution.
2. A fine from 40,000,000 VND to 50,000,000 VND shall be imposed for importing each type of live livestock that uses banned substances in animal husbandry for food but does not reach the level of criminal prosecution.
a) Forced use of livestock for the right purpose of import for violations specified in Point a, Clause 1 of this Article;
b) Forced re-export of livestock and livestock products for violations specified in Point b, Clause 1 and Clause 2 of this Article; In case it cannot be re-exported, it must be destroyed.
AUTHORITY TO MAKE RECORDS OF ADMINISTRATIVE VIOLATIONS AND TO SANCTION ADMINISTRATIVE VIOLATIONS
Article 36. Authority to make records of administrative violations
1. Persons competent to make records of administrative violations related to livestock production include:
a) Persons with authority to sanction administrative violations of livestock production specified in Articles 37 to 43 of this Decree;
b) Civil servants and public employees in the agencies specified in Article 37, Article 38, Article 42 and Article 43 of this Decree are assigned the task of inspecting and detecting administrative violations of livestock production;
c) People belonging to the People's Army and People's Police specified in Article 39, Article 40 and Article 41 of this Decree are assigned the task of inspecting and checking to detect administrative violations of livestock production.
2. The person with authority to make records specified in Clause 1 of this Article is responsible for making decisions on sanctions according to authority or transferring to competent levels specified in Articles 37 to Article 43 of this Decree to make decisions. penalize.
Article 37. Authority to sanction administrative violations of Presidents of People's Committees at all levels
1. The Chairman of the Commune People's Committee has the right to:
a) Fine up to 5,000,000 VND in the fields of livestock breeds, animal feed and breeding conditions;
b) Confiscate evidence of administrative violations whose value does not exceed the fine specified in Point a of this Clause;
c) Apply remedial measures specified in Points dd and i, Clause 3, Article 4 of this Decree.
2. The Chairman of the District People's Committee has the right to:
a) Fine up to 25,000,000 VND in the field of livestock breeds; 50,000,000 VND for the field of animal feed and livestock conditions;
b) Suspension of operations for a limited period of time or deprivation of the right to use training certificates in artificial insemination and animal breed embryo transfer techniques issued by a competent agency or organization for a limited period of time;
c) Confiscate evidence of administrative violations whose value does not exceed the fine specified in Point a of this Clause;
d) Apply remedial measures specified in Points a, b, c, dd, g, h, i, k, l, m, n, o, p, q and r, Clause 3, Article 4 of the Decree This.
3. The Chairman of the Provincial People's Committee has the right to:
a) Fine up to 50,000,000 VND in the field of animal breeds; 100,000,000 VND for the field of animal feed farming and animal husbandry conditions;
b) Suspension of operations for a limited period of time or deprivation of the right to use training certificates in artificial insemination and animal breed embryo transfer techniques issued by a competent agency or organization for a limited period of time;
c) Confiscate evidence of administrative violations;
d) Apply remedial measures specified in Clause 3, Article 4 of this Decree.
Article 38. Authority of inspectors to sanction administrative violations
1. Inspectors and people assigned to perform specialized inspection tasks in the livestock and veterinary sectors who are on duty have the right to:
a) Fine up to 500,000 VND in the fields of livestock breeds, animal feed and breeding conditions;
b) Confiscate evidence of administrative violations whose value does not exceed the fine specified in Point a of this Clause.
2. Inspectors and people assigned to perform specialized inspection tasks in quality management of agricultural, forestry and fishery products who are on duty have the right to:
a) Fine up to 500,000 VND in the field of livestock conditions;
b) Confiscate evidence of administrative violations whose value does not exceed the fine specified in Point a of this Clause.
3. Inspectors and people assigned to perform specialized plant protection inspection tasks on official duty have the right to:
a) Fine up to 500,000 VND for the animal feed sector;
b) Confiscate evidence of administrative violations whose value does not exceed the fine specified in Point a of this Clause.
4. Chief Inspector of the Department of Agriculture and Rural Development, Head of the Branch with specialized management functions in animal husbandry and veterinary medicine; Head of the specialized inspection team of the Department of Livestock Production; Head of the specialized inspection team of the Department of Agriculture and Rural Development; The head of the specialized inspection team of the Sub-Department with specialized management functions in animal husbandry and veterinary medicine has the right to:
a) Fine up to 25,000,000 VND in the field of livestock breeds; 50,000,000 VND for the field of animal feed and livestock conditions;
b) Suspension of operations for a limited period of time or deprivation of the right to use training certificates in artificial insemination and animal breed embryo transfer techniques issued by a competent agency or organization for a limited period of time;
c) Confiscate evidence of administrative violations whose value does not exceed the fine specified in Point a of this Clause;
d) Apply remedial measures specified in Points a, b, c, d, dd, e, g, h, k, l, m, n, o, p, q and r, Clause 3, Article 4 of this Decree.
5. Director of the Sub-Department has the specialized management function of plant protection; The Head of the specialized inspection team of the Plant Protection Department has the right to:
a) Fine up to 50,000,000 VND for the animal feed sector;
b) Confiscate evidence of administrative violations whose value does not exceed the fine specified in Point a of this Clause;
c) Apply remedial measures specified in Points a, b, c, d, dd, g, h, k and m, Clause 3, Article 4 of this Decree.
6. The Director of the Sub-Department has the specialized management function of quality management of agricultural, forestry and fishery products; The head of the specialized inspection team of the Department of Agriculture, Forestry and Fisheries Quality Management has the right to:
a) Fine up to 50,000,000 VND in the field of livestock conditions;
b) Confiscate evidence of administrative violations whose value does not exceed the fine specified in Point a of this Clause;
c) Apply remedial measures specified in Points c, d, dd, l and q, Clause 3, Article 4 of this Decree.
7. The head of the specialized inspection team of the Department of Animal Health has the right to:
a) Fine up to 50,000,000 VND in the field of animal feed and livestock conditions;
b) Suspension of operations for a limited period of time;
c) Confiscate evidence of administrative violations whose value does not exceed the fine specified in Point a of this Clause;
d) Apply remedial measures specified in Points a, b, c, d, dd, g, h, k, l, m and q, Clause 3, Article 4 of this Decree.
8. Head of the specialized inspection team on livestock of the Ministry of Agriculture and Rural Development has the right to:
a) Fine up to 35,000,000 VND in the field of livestock breeds; 70,000,000 VND for the field of animal feed and livestock conditions;
b) Suspension of operations for a limited period of time or deprivation of the right to use training certificates in artificial insemination and animal breed embryo transfer techniques issued by a competent agency or organization for a limited period of time;
c) Confiscate evidence of administrative violations whose value does not exceed the fine specified in Point a of this Clause;
d) Apply remedial measures specified in Clause 3, Article 4 of this Decree.
9. Chief Inspector of the Ministry of Agriculture and Rural Development, Director of the Department of Livestock Production has the right to:
a) Fine up to 50,000,000 VND in the field of livestock breeds; 100,000,000 VND for the field of animal feed and livestock conditions;
b) Suspension of operations for a limited period of time or deprivation of the right to use training certificates in artificial insemination and animal breed embryo transfer techniques issued by a competent agency or organization for a limited period of time;
c) Confiscate evidence of administrative violations;
d) Apply remedial measures specified in Clause 3, Article 4 of this Decree.
10. The Director of the Department of Animal Health has the right to:
a) Fine up to 100,000,000 VND in the field of animal feed and animal husbandry conditions;
b) Confiscate evidence of administrative violations;
c) Apply remedial measures specified in Points a, b, c, d, dd, g, h, k, l, m and q, Clause 3, Article 4 of this Decree.
11. The Director of the Plant Protection Department has the right to:
a) Fine up to 100,000,000 VND for the animal feed sector;
b) Confiscate evidence of administrative violations;
c) Apply remedial measures specified in Points a, b, c, d, dd, g, h, k and m, Clause 3, Article 4 of this Decree.
12. Director of the Department of Agro-Forestry-Fisheries Quality Management has the right to:
a) Fine up to 100,000,000 VND in the field of livestock conditions;
b) Confiscate evidence of administrative violations;
c) Apply remedial measures specified in Points c, d, dd, l and q, Clause 3, Article 4 of this Decree.
Article 39. Authority to sanction administrative violations of the People's Public Security
1. People's police officers on duty have the right to impose fines of up to 500,000 VND in the fields of livestock breeds, animal feed and livestock farming conditions.
2. The station chief or team leader of the person specified in Clause 1 of this Article has the right to impose a fine of up to 1,500,000 VND in the fields of livestock breeds, animal feed and breeding conditions.
3. Head of Commune Police, Head of Police Station, Head of Police Station at border gates and export processing zones has the right to:
a) Fine up to 2,500,000 VND in the fields of livestock breeds, animal feed and breeding conditions;
b) Confiscate evidence of administrative violations whose value does not exceed the fine specified in Point a of this Clause.
4. Head of District Police, Head of Professional Department of Traffic Police Department; The Head of the Provincial Police Department, including the Head of the Environmental Crime Prevention Police Department and the Head of the Economic Security Department, have the right to:
a) Fine of up to 10,000,000 VND for the field of livestock breeds and 20,000,000 VND for the field of animal feed and breeding conditions;
b) Suspension of operations for a limited period of time;
c) Confiscate evidence of administrative violations whose value does not exceed the fine specified in Point a of this Clause;
d) Apply remedial measures specified in Points c, dd, g, h, i, n, p, q and r, Clause 3, Article 4 of this Decree.
5. The Director of the Provincial Police has the right to:
a) Fine up to 25,000,000 VND in the field of livestock breeds; 50,000,000 VND for the field of animal feed and livestock conditions;
b) Suspension of operations for a limited period of time;
c) Confiscate evidence of administrative violations whose value does not exceed the fine specified in Point a of this Clause;
d) Apply remedial measures specified in Points c, dd, g, h, i, m, n, p, q and r, Clause 3, Article 4 of this Decree.
6. Director of the Environmental Crime Prevention Police Department; Director of Traffic Police Department; The Director of the Department of Economic Security has the right to:
a) Fine up to 50,000,000 VND in the field of livestock breeds; 100,000,000 VND for the field of animal feed and livestock conditions;
b) Suspension of operations for a limited period of time;
c) Confiscate evidence of administrative violations;
d) Apply remedial measures specified in Points c, dd, g, h, i, m, n, p, q and r, Clause 3, Article 4 of this Decree.
Article 40. Competence to sanction administrative violations of the Vietnam Coast Guard
1. Coast Guard officers on duty have the right to impose fines of up to 1,000,000 VND in the field of livestock breeds; 1,500,000 VND for the field of animal feed and livestock conditions.
2. The Head of the Coast Guard Professional Group has the right to impose a fine of up to 2,500,000 VND in the field of livestock breeds; 5,000,000 VND for the field of animal feed and livestock conditions.
3. The Captain of the Coast Guard Professional Team and the Head of the Coast Guard Station have the right to impose a fine of up to 5,000,000 VND in the field of livestock breeds; 10,000,000 VND for the field of animal feed and livestock conditions.
4. The Coast Guard Squadron Leader has the right to:
a) Fine up to 10,000,000 VND in the field of livestock breeds; 20,000,000 VND for the field of animal feed and livestock conditions;
b) Confiscate evidence of administrative violations whose value does not exceed the fine specified in Point a of this Clause;
c) Apply remedial measures specified in Points c, d, dd and g, Clause 3, Article 4 of this Decree.
5. The Commander of the Coast Guard Squadron has the right to:
a) Fine up to 15,000,000 VND in the field of livestock breeds; 30,000,000 VND for the field of animal feed and livestock conditions;
b) Confiscate evidence of administrative violations whose value does not exceed the fine specified in Point a of this Clause;
c) Apply remedial measures specified in Points c, d, dd and g, Clause 3, Article 4 of this Decree.
6. Commander of the Coast Guard Region has the right to:
a) Fine up to 25,000,000 VND in the field of livestock breeds; 50,000,000 VND for the field of animal feed and livestock conditions;
b) Confiscate evidence of administrative violations whose value does not exceed the penalty level specified in Point a of this Clause;
c) Apply remedial measures specified in Points c, d, dd and g, Clause 3, Article 4 of this Decree.
7. The Commander of the Vietnam Coast Guard has the right to:
a) Fine up to 50,000,000 VND in the field of livestock breeds; 100,000,000 VND for the field of animal feed and livestock conditions;
b) Suspension of operations for a limited period of time;
c) Confiscate evidence of administrative violations;
d) Apply remedial measures specified in Points c, d, dd and g, Clause 3, Article 4 of this Decree.
Article 41. Competence of the Border Guard to sanction administrative violations
1. Border Guard soldiers on duty have the right to fine up to 500,000 VND in the fields of livestock breeds, animal feed and livestock conditions.
2. Station Chiefs and Captains of Border Guard Soldiers have the right to fine up to 2,500,000 VND in the fields of livestock breeds, animal feed and livestock conditions.
3. The Chief of the Border Guard Station, the Chief of the Border Guard Squadron, and the Commander of the Border Guard Command of the Port Border Gate have the rights:
a) Fine up to 10,000,000 VND in the field of livestock breeds; 20,000,000 VND for the field of animal feed and livestock conditions;
b) Confiscate evidence of administrative violations whose value does not exceed the fine specified in Point a of this Clause;
c) Apply remedial measures specified in Points c, dd and g, Clause 3, Article 4 of this Decree.
4. Commander of the Provincial Border Guard and Commander of the Border Guard Squadron under the Border Guard Command have the right to:
a) Fine up to 50,000,000 VND in the field of livestock breeds; 100,000,000 VND for the field of animal feed and livestock conditions;
b) Suspension of operations for a limited period of time;
c) Confiscate evidence of administrative violations;
d) Apply remedial measures specified in Points c, dd, g and m, Clause 3, Article 4 of this Decree.
Article 42. Authority of Customs to sanction administrative violations
1. Customs officers on duty have the right to impose fines of up to 500,000 VND in the fields of livestock breeds, animal feed and livestock conditions.
2. Team leaders of the Customs Branch and Team Leaders of the Post-Customs Clearance Inspection Department have the right to impose fines of up to 5,000,000 VND in the fields of livestock breeds, animal feed and livestock conditions.
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 under the Anti-Smuggling Investigation Department of the General Department of Customs has the right to:
a) Fine up to 25,000,000 VND in the fields of livestock breeds, animal feed and breeding conditions;
b) Confiscate evidence of administrative violations whose value does not exceed the fine specified in Point a of this Clause;
c) Apply remedial measures specified in Points b, c, d, dd, g and m, Clause 3, Article 4 of this Decree.
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) Fine up to 50,000,000 VND in the fields of livestock breeds, animal feed and breeding conditions;
b) Suspension of operations for a limited period of time;
c) Confiscate evidence of administrative violations whose value does not exceed the fine specified in Point a of this Clause;
d) Apply remedial measures specified in Points b, c, d, dd, g and m, Clause 3, Article 4 of this Decree.
5. The Director General of the General Department of Customs has the right to: a) Fine up to 50,000,000 VND in the field of livestock breeds; 100,000,000 VND for the field of animal feed and livestock conditions;
b) Suspension of operations for a limited period of time;
c) Apply remedial measures specified in Points b, c, d, dd, g and m, Clause 3, Article 4 of this Decree.
Article 43. Market Management's authority to sanction administrative violations
1. Market controllers on duty have the right to impose fines of up to 500,000 VND in the fields of livestock breeds, animal feed and livestock conditions.
2. The Market Management Team Captain has the right to:
a) Fine up to 25,000,000 VND in the fields of livestock breeds, animal feed and breeding conditions;
b) Confiscate evidence of administrative violations whose value does not exceed the fine specified in Point a of this Clause;
c) Apply remedial measures specified in Points a, b, c, dd, g and m, Clause 3, Article 4 of this Decree.
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:
a) Fine up to 50,000,000 VND in the fields of livestock breeds, animal feed and breeding conditions;
b) Suspension of operations for a limited period of time;
c) Confiscate evidence of administrative violations whose value does not exceed the fine specified in Point a of this Clause;
d) Apply remedial measures specified in Points a, b, c, d, dd, g and m, Clause 3, Article 4 of this Decree.
4. The Director General of the General Department of Market Management has the right to:
a) Fine up to 50,000,000 VND in the field of livestock breeds; 100,000,000 VND for the field of animal feed and livestock conditions;
b) Suspension of operations for a limited period of time;
c) Confiscate evidence of administrative violations;
d) Apply remedial measures specified in Points a, b, c, d, dd, g and m, Clause 3, Article 4 of this Decree.
Article 44. Determining the sanctioning authority of the Presidents of the People's Committees at all levels, the Inspection agencies, the Customs agencies, the Market Management agencies, the People's Police, the Border Guard, and the Coast Guard
1. Authority to sanction administrative violations of Chairman of People's Committees at all levels:
a) The Chairman of the Commune People's Committee shall sanction administrative violations specified in Clause 1, Article 9; Clauses 1, 2 and 3, Article 10; Clause 1, Article 14; Clause 1, Clause 2, Article 15; Clause 1, Article 16; Clause 1 and Clause 2, Article 17; Clause 1, Article 18; Point a Clause 1 and Point a Clause 2 Article 25; Points a and b, Clause 1, Article 26; Clause 1, Article 27; Clause 1, Points a and b, Clause 2, Article 28; Clause 1 and Clause 2 Article 29; Point a, Point b Clause 1, Point a Clause 2 and Point a Clause 3 Article 30; Article 31 and Clause 1, Article 33 of this Decree;
b) The Chairman of the District People's Committee shall impose penalties for administrative violations specified in Clauses 1 and 2, Article 6; Clause 1, Article 7; Article 8; Article 9; Article 10; Article 11; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Article 20; Article 22; Article 23; Article 24; Article 25; Article 26; Article 27; Clauses 1, 2 and 3, Article 28; Article 29; Article 30; Article 31; Article 32; Article 33 and Article 35 of this Decree;
c) The Chairman of the Provincial People's Committee imposes penalties for administrative violations specified in Article 6; The 7th rule; Article 8; Article 9; Article 10; Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Article 20; Article 21; Article 22; Article 23; Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30; Article 31; Article 32; Article 33; Article 34 and Article 35 of this Decree.
2. Authority of the Inspectorate to sanction administrative violations:
a) Chief Inspector of the Department of Agriculture and Rural Development, Head of the Branch with specialized management functions in animal husbandry and veterinary medicine; Head of the specialized inspection team of the Department of Livestock Production; Head of the specialized inspection team of the Department of Agriculture and Rural Development; Head of the specialized inspection team of the Branch has the function of specialized management of animal husbandry and veterinary medicine to sanction administrative violations specified in Clauses 1 and 2, Article 6; Clause 1, Article 7; Article 8; Article 9; Article 10; Article 11; Clauses 1, 2 and 3, Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Article 20; Article 21; Article 22; Article 23; Article 24; Article 25; Article 26; Article 27; Clauses 1, 2 and 3, Article 28; Article 29; Article 30; Article 31; Article 32; Article 33 and Article 35 of this Decree;
b) Head of the specialized livestock inspection team of the Ministry of Agriculture and Rural Development imposes penalties for administrative violations specified in Clauses 1, 2, 3 and 4, Article 6; Clause 1 and Clause 2, Article 7; Article 8; Article 9; Article 10; Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Article 20; Article 21; Article 22; Article 23; Article 24; Article 25; Article 26; Article 27; Clauses 1, 2 and 3, Point a Clause 4 Article 28; Article 29; Article 30; Article 31; Article 32; Article 33 and Article 35 of this Decree;
c) Director of the Plant Protection Department; The Director of the Branch has the function of specialized management of plant protection; Head of the specialized inspection team of the Plant Protection Department imposes penalties for administrative violations specified in Clause 3, Point b, Clause 4, Clause 5 and Clause 6, Article 17; Article 19; Clause 1 and Clause 2, Article 20; Article 22 of this Decree;
d) Director of the Department of Agricultural, Forestry and Fisheries Quality Management; The Director of the Branch has the specialized management function of quality management of agricultural, forestry and fishery products; The head of the specialized inspection team of the Department of Agricultural, Forestry and Fisheries Quality Management shall sanction administrative violations specified in Clause 4, Article 29 and Article 35 of this Decree;
d) Director of the Department of Animal Health; The head of the specialized inspection team of the Department of Animal Health sanctions administrative violations specified in Clause 3, Point b, Clause 4, Clause 5 and Clause 6, Article 17; Article 19; Clause 1 and Clause 2, Article 20; Article 22; Article 29 and Article 35 of this Decree;
e) Chief Inspector of the Ministry of Agriculture and Rural Development; The Director of the Department of Livestock Handling sanctions for administrative violations specified in Article 6; The 7th rule; Article 8; Article 9; Article 10; Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Article 20; Article 21; Article 22; Article 23; Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30; Article 31; Article 32; Article 33; Article 34 and Article 35 of this Decree.
3. Authority to sanction administrative violations of the People's Police:
a) The Head of Commune Police, Head of Police Station, Head of Border Gate Police Station shall impose penalties for administrative violations specified in Point a, Clause 1, Article 29 of this Decree;
b) The Chief of District Police, the Head of the Professional Department of the Traffic Police Department, the Head of the Provincial Police Department including the Head of the Environmental Crime Prevention Police Department, and the Head of the Economic Security Department impose penalties on those who administrative violations specified in Clause 2, Article 13; Clause 4, Article 14; Point a, Point b Clause 3, Clause 4 and Clause 5 Article 17; Clause 2, Article 20; Point c Clause 3 Article 22; Clause 2, Article 24; Point b Clause 1, Point a Clause 2 and Clause 3 Article 25; Point c Clause 1, Clause 3, Point a Clause 4 and Clause 5 Article 26; Clause 3, Article 27; Clause 3, Article 28; Clause 1, Clause 3 and Point a, Point b Clause 4 Article 29; Article 30; Article 31; Point b Clause 2 and Point b Clause 3 Article 32 of this Decree;
c) The Director of the Provincial Police shall impose penalties for administrative violations specified in Clauses 1 and 2, Article 6; Clause 1, Article 7; Clause 2, Article 13; Clauses 4, 5, 6 and 7, Article 14; Point a, Point b Clause 3, Clause 4 and Clause 5 Article 17; Clause 1 and Clause 2, Article 20; Point c Clause 3, Clause 4 and Clause 5 Article 22; Article 24; Point b Clause 1, Clause 2 and Clause 3 Article 25; Point c Clause 1, Clauses 3, 4, 5 and 6 Article 26; Clause 3, Article 27; Clause 3, Article 28; Clauses 1, 3 and 4, Article 29; Article 30; Article 31; Point b Clause 2 and Point b Clause 3 Article 32; Clause 5, Article 33; Point b, Clause 1 and Clause 2, Article 35 of this Decree;
d) Director of the Environmental Crime Prevention Police Department; Director of Traffic Police Department; The Director of the Department of Economic Security imposes penalties for administrative violations specified in Article 6; The 7th rule; Clause 2, Article 13; Clauses 4, 5, 6 and 7, Article 14; Points a and b, Clause 3, Clause 4, Clause 5, Article 17; Clause 1 and Clause 2, Article 20; Point c Clause 3, Clause 4 and Clause 5 Article 22; Article 24; Point b Clause 1, Clause 2 and Clause 3 Article 25; Point c Clause 1, Clauses 3, 4, 5 and 6 Article 26; Clause 3, Article 27; Clause 3 and Clause 4 Article 28; Clauses 1, 3 and 4, Article 29; Article 30; Article 31; Point b Clause 2 and Point b Clause 3 Article 32; Clause 5, Article 33; Point b, Clause 1 and Clause 2, Article 35 of this Decree.
4. Authority to sanction administrative violations of the Vietnam Coast Guard:
a) The Coast Guard Squadron Leader imposes penalties for administrative violations specified in Clause 1, Article 8; Point b, Clause 2, Article 13; Point b, Clause 4, Article 17; Clause 2, Article 20; Point c Clause 3 Article 22; Point b Clause 2 and Point b Clause 3 Article 32 of this Decree;
b) The Commander of the Coast Guard Squadron imposes penalties for administrative violations specified in Clauses 1 and 2, Article 8; Point b, Clause 2, Article 13; Point b, Clause 4, Article 17; Clause 2, Article 20; Point c Clause 3, Clause 4 and Clause 5 Article 22; Point b Clause 2 and Point b Clause 3 Article 32 of this Decree;
c) Coast Guard Region Commander imposes penalties for administrative violations specified in Article 8; Point b, Clause 2, Article 13; Point b, Clause 4, Article 17; Clause 2, Article 20; Point c Clause 3, Clause 4 and Clause 5 Article 22; Point b Clause 2 and Point b Clause 3 Article 32; Point b, Clause 1 and Clause 2, Article 35 of this Decree;
d) Commander of the Vietnam Coast Guard Command, impose penalties for administrative violations specified in Clause 2 and Point b, Clause 3, Article 7; Article 8; Point b, Clause 2, Article 13; Point b, Clause 4, Article 17; Clause 2, Article 20; Point c Clause 3, Clause 4 and Clause 5 Article 22; Point b Clause 2 and Point b Clause 3 Article 32; Point b, Clause 1 and Clause 2, Article 35 of this Decree.
5. Competence to sanction administrative violations of the Border Guard:
a) The Chief of the Border Guard Station, the Chief of the Border Guard Squadron, and the Commander of the Border Guard Command of the Port Border Gate shall impose penalties for administrative violations specified in Point b, Clause 2, Article 13; Point b, Clause 4, Article 17; Clause 2, Article 20; Point c Clause 3 Article 22; Point b Clause 2 and Point b Clause 3 Article 32 of this Decree;
b) The Commander of the Provincial Border Guard, the Commander of the Border Guard Squadron under the Border Guard Command shall impose penalties for administrative violations specified in Clause 2 and Point b Clause 3 Article 7; Article 8; Point b, Clause 2, Article 13; Point b, Clause 4, Article 17; Clause 1 and Clause 2, Article 20; Point c Clause 3, Clause 4 and Clause 5 Article 22; Point b Clause 2 and Point b Clause 3 Article 32; Point b, Clause 1 and Clause 2, Article 35 of this Decree.
6. Customs' authority to sanction administrative violations:
a) 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 under the Anti-Smuggling and Investigation Department of the General Department of Customs imposes penalties for administrative violations specified in Article 8; Point b, Clause 2, Article 13; Point b, Clause 4, Article 17; Article 19; Points a, b, c, d, dd, e, g, h, i and k Clause 1, Clause 2 Article 20; Clauses 1, 2, 3 and 4, Article 22; Point b Clause 1, Point b Clause 2 and Point b Clause 3 Article 32 of this Decree;
b) Director of the Anti-Smuggling Investigation Department, Director of the Post-Customs Clearance Inspection Department under the General Department of Customs, Director of the Customs Department of provinces, inter-provinces and centrally run cities impose penalties for violations. administrative provisions in clause 2 and point b clause 3 Article 7; Article 8; Point b, Clause 2, Article 13; Point b, Clause 4, Article 17; Article 19; Clause 1 and Clause 2, Article 20; Article 22; Point b Clause 1, Point b Clause 2 and Point b Clause 3 Article 32; Point b, Clause 1 and Clause 2, Article 35 of this Decree;
c) The Director General of the General Department of Customs imposes penalties for administrative violations specified in Clause 2 and Point b, Clause 3, Article 7; Article 8; Point b, Clause 2, Article 13; Point b, Clause 4, Article 17; Article 19; Clause 1 and Clause 2, Article 20; Article 22; Point b Clause 1, Point b Clause 2 and Point b Clause 3 Article 32; Point b, Clause 1 and Clause 2, Article 35 of this Decree.
7. Market Management's authority to sanction administrative violations:
a) The Market Management Team leader imposes penalties for administrative violations specified in Clause 1, Article 7; Clause 4, Article 9; Clause 2 and Clause 4 Article 10; Article 11; Clause 1, Clause 2 and Point a Clause 4 Article 17; Article 18; Points a, b, c, d, dd, e, g, h, i and k Clause 1, Clause 2 Article 20; Clause 1, Points a and b, Clause 2, Points b and c, Clause 3, Clause 4, Article 22; Point a Clause 1, Point a Clause 2 and Point a Clause 3 Article 32 of this Decree;
b) The Director of the Provincial Market Management Department and the Director of the Market Management Operations Department under the General Department of Market Management shall sanction administrative violations specified in Clause 3, Article 6; Clause 1 and Point a Clause 3 Article 7; Clause 4, Article 9; Clause 2 and Clause 4 Article 10; Article 11; Clause 1, Clause 2 and Point a Clause 4 Article 17; Article 18; Clause 1 and Clause 2, Article 20; Clause 1, Points a and b, Clause 2, Points b and c, Clause 3, Clause 4, Clause 5, Article 22; Point a Clause 1, Point a Clause 2 and Point a Clause 3 Article 32 of this Decree;
c) The Director General of the General Department of Market Management imposes penalties for administrative violations specified in Clause 3, Article 6; Clause 1 and Point a Clause 3 Article 7; Clause 4, Article 9; Clause 2 and Clause 4 Article 10; Article 11; Clause 1, Clause 2 and Point a Clause 4 Article 17; Article 18; Clause 1 and Clause 2, Article 20; Clause 1, Points a and b, Clause 2, Points b and c, Clause 3, Clause 4, Clause 5, Article 22; Point a Clause 1, Point a Clause 2 and Point a Clause 3 Article 32 of this Decree.
Article 45. Applying measures to prevent administrative violations and ensure the sanctioning of administrative violationsAdditional
1. In cases where fines are only applied to violating organizations and individuals, the person with authority to sanction administrative violations of livestock production has the right to temporarily seize documents related to vehicles and securities. only professionally until the organization or individual has completely complied with the sanctioning decision. In case the violating organization or individual does not have the above documents, the person with authority to sanction administrative violations has the right to request the violating organization or individual to bring the vehicle to the agency's headquarters for settlement. or temporarily seize exhibits and means according to authority.
In case of administrative violations, according to this Decree, additional sanctions are prescribed such as confiscation of evidence of violation, the person with authority to sanction administrative violations on livestock production has the right to request the violating organization or individual. Take the vehicle to the agency headquarters for processing or temporarily confiscate vehicle evidence according to authority.
2. Authority, order and procedures for applying measures to prevent administrative violations and ensure that sanctions for administrative violations of livestock production are carried out according to the provisions of Law on Handling of Administrative Violations.
Article 46. Effectiveness of implementation
1. This Decree takes effect from April 20, 2021.
2. This Decree abolishes regulations on animal feed and livestock breeds in Decree No 64/2018/ND-CP May 7, 2018 of the Government stipulating penalties for administrative violations in the fields of livestock breeds, animal feed, and aquaculture; Point b Clause 7 Article 20 Decree No. 90/2017/ND-CP July 31, 2017 of the Government regulating penalties for administrative violations in the field of veterinary medicine.
Article 47. Transitional regulations
1. For administrative violations on animal husbandry that occurred before this Decree took effect but were discovered later or are being considered and resolved, regulations that benefit organizations and individuals will apply. violator.
2. For decisions to sanction administrative violations that have been issued or have been completely implemented before the effective date of this Decree and individuals, organizations are sanctioned for administrative violations or individuals are Apply administrative measures, while complaints apply the provisions of Decree No 64/2018/ND-CP May 7, 2018 of the Government stipulating penalties for administrative violations in the fields of livestock breeds, animal feed, and aquaculture.
3. For violations in livestock activities discovered after this Decree takes effect, the cases are forwarded at Law on Animal Husbandry and documents detailing implementation Law on Animal Husbandry continue to apply the provisions in Decree No 64/2018/ND-CP dated May 7, 2018 of the Government regulating administrative sanctions in the fields of livestock breeds, animal feed, and aquaculture to handle until the end of the transition period.
Article 48. Responsibility for implementation
1. The Minister of Agriculture and Rural Development is responsible for monitoring, guiding and organizing the implementation of this Decree.
2. 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 implementing this Decree.
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TM. GOVERNMENT
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Source: GOVERNMENT ELECTRONIC INFORMATION PORTAL
