Decree: Amending and supplementing a number of articles of decrees on sanctioning administrative violations in the forestry sector; plant protection and quarantine; veterinary medicine; livestock (No. 7/2022/ND-CP, January 10, 2022)

GOVERNMENT
——-

SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————

No: 07/2022/ND-CP

Hanoi, January 10, 2022

 

DECREE

AMENDING AND SUPPLEMENTING SOME ARTICLES OF DECREES ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN THE FORESTRY FIELD; PLANT PROTECTION AND QUARANTINE; VETERINARY MEDICAL; BREED

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; Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations November 13, 2020;

Base Forestry Law November 15, 2017;

Base Law on Plant Protection and Quarantine November 25, 2013;

Base Veterinary Law June 19, 2015;

Base Law on Animal Husbandry November 19, 2018;

At the request of the Minister of Agriculture and Rural Development;

The Government promulgates a Decree amending and supplementing a number of articles of Decrees on sanctioning administrative violations in the field of forestry; plant protection and quarantine; veterinary medicine; breed.

Article 1. Amending and supplementing a number of articles of Decree No 35/2019/ND-CP April 25, 2019 stipulates penalties for administrative violations in the field of Forestry:

1. Amending and supplementing a number of clauses Article 3 is as follows:

a) Amendments and supplements Clause 3 as follows:

“3. Products of forest animals; Endangered, precious and rare animals are prioritized for protection; animals on the List of endangered, precious and rare forest plants and animals Group IB, IIB; animals belonging to the Appendices of Convention on International Trade in Endangered Species of Wild Fauna and Florap; Other terrestrial wild animals are products originating from those animals in raw or pre-processed or processed form.”

b) Amendments and supplements Clause 5 as follows:

“5. Exhibits and means of administrative violations include:

a) Exhibits include: Forest products; Endangered, precious and rare animals and plants are prioritized for protection; animals and plants on the List of endangered, precious and rare forest plants and animals; Endangered wild animals and plants are included in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora; other terrestrial wildlife; body parts and products of animal species specified in this Clause in raw or preprocessed or processed form; products processed from wood of plant species specified in this Clause; forestry plant varieties.

b) Vehicles include: Road motor vehicles, rudimentary road vehicles, inland waterway vehicles, rudimentary waterway vehicles and other types of vehicles, tools and equipment used to commit administrative violations.”

c) Add Clause 8 as follows:

"8. Other terrestrial wildlife are species regulated in Point dd Clause 29 Article 3 Decree no 06/2019/ND-CP January 22, 2019 of the Government on management of endangered, precious and rare forest plants and animals and enforcement Convention on International Trade in Endangered Species of Wild Fauna and Flora, added in Clause 4, Article 1 of Decree No 84/2021/ND-CP September 22, 2021 of the Government amending and supplementing a number of articles of Decree No. 06/2019/ND-CP .”

2. Amending and supplementing a number of clauses Article 4 is as follows:

a) Amendments and supplements Point b and point k Clause 3 as follows:

“b) Forced demolition of works or parts of works constructed without a permit or constructed not in accordance with the permit;

k) Forced destruction of forestry plant varieties;”

b) Add Clause 4 as follows:

“4. Violations specified in Articles 17 and 20 of this Decree but the subject of the administrative violation cannot be identified, the consequences will be remedied by silvicultural measures at the local authorities. point a or Point d, Clause 1, Article 45 of the Law on Forestry to restore forests.”

3. Amendments and supplements Clause 1 Article 5 as follows:

"first. Forest area or area with planted trees that has not yet become a forest is measured in square meters (m2) or hectares (ha).”

4. Amending and supplementing a number of clauses Article 6 is as follows:

a) Add clause 4a later Clause 4 as follows:

“4a. Administrative violations against other terrestrial wildlife or endangered wildlife under Appendix III Convention on International Trade in Endangered Species of Wild Fauna and Flora Penalties apply as for common forest animals.

In case the violation against other terrestrial wild animals is worth 300,000,000 VND or more, the highest fine frame as for common forest animals will apply; Apply additional penalties and remedial measures corresponding to that penalty frame.”

b) Amendments and supplements Clause 5 as follows:

“5. Violation acts in cases accepted and resolved by competent agencies conducting criminal proceedings and referred to administrative sanctions according to the provisions of Clause 1 of this Article. Article 63 of the Law on Handling of Administrative Violations, based on the nature, extent, consequences of violations, violators and aggravating and mitigating circumstances, the fine framework, additional penalties and remedies shall be applied. Remedial measures corresponding to that violation to punish.

In case an administrative violation causes consequences exceeding the consequences specified in the highest fine bracket for that violation, the highest fine bracket, additional penalties and corrective measures will apply. Consequences corresponding to that penalty frame for punishment.

In case the violating exhibits are animals, body parts, or animal products on the List of endangered, precious, and rare species prioritized for protection, the same penalties as forest animals on the List of forest plants will be applied. , endangered, precious and rare forest animals Group IB.”

c) Add Clause 10 as follows:

"ten. Persons performing official duties, tasks of managing and protecting forests, ensuring compliance with forestry laws are responsible for determining the scope, boundaries, forest area or areas with planted trees that have not yet become forests that are affected. , suffered damage to record in the administrative violation record. During the process of considering and making a decision on sanctions, the person with sanctioning authority can request an appraisal to determine the damaged or affected forest area or area with unforested trees. The request for appraisal is carried out in accordance with the law on appraisal.”

5. Modify and add name Clause 2 Article 9 as follows:

2. The act of using forest environmental services without declaration, incorrect declaration or late declaration of money to be paid for forest environmental services in case of indirect payment, shall be penalized as follows:”

6. Amending and supplementing a number of clauses Article 13 is as follows:

a) Amendments and supplements Clause 7 as follows:

7. Forest owners are allocated or leased forests by the state to manage, protect or use according to the provisions of law. If they do not organize or fully implement management, protection, develop and use forests according to forest management regulations so that illegal forest exploitation occurs, penalties will be imposed as prescribed in Clause 1 or Point a, Clause 4 of this Article.”

b) Amendments and supplements Point b Clause 8 as follows:

b) Confiscation of rudimentary road vehicles and tools used to commit the acts specified in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5 and Clause 6 of this Article ;”.

7. Amendments and supplements Article 14 as follows:

Article 14. Violations of regulations on management of forestry plant varieties

1. Fine from 500,000 VND to 1,000,000 VND for one of the following acts:

a) Failure to report the results of production and trading of forestry plant varieties when requested by the local state management agency in charge of forestry;

b) Failure to send notification or notification with incomplete information as prescribed before producing and trading forestry plant varieties.

2. Fine from 1,000,000 VND to 5,000,000 VND for one of the following acts:

a) Failure to use the correct name of a forestry plant variety in the decision to recognize a forestry plant variety issued by a competent authority;

b) Failure to prepare and maintain forestry plant variety records according to regulations or to prepare and maintain records that are incomplete or not true to reality;

c) Failure to properly implement the method and content of testing forestry plant varieties according to regulations.

3. Fine from 10,000,000 VND to 20,000,000 VND for one of the following acts:

a) Carrying out testing of forestry plant varieties without ensuring the conditions of the facility for testing forestry plant varieties according to regulations;

b) Producing forestry plant varieties that do not ensure the conditions for producing forestry plant varieties according to regulations;

c) Trading in forestry plant varieties without a legal transaction location.

4. Production of forestry plant varieties does not ensure quality; Trading in forestry plant varieties that do not ensure quality or without forestry plant variety records according to regulations shall be subject to the following penalties:

a) Fine from 1,000,000 VND to 5,000,000 VND for batches of forestry plant varieties worth less than 10,000,000 VND;

b) Fine from 5,000,000 VND to 10,000,000 VND for batches of forestry plant varieties worth from 10,000,000 VND to under 20,000,000 VND;

c) Fine from 10,000,000 VND to 15,000,000 VND for batches of forestry plant varieties worth from 20,000,000 VND to under 30,000,000 VND;

d) Fine from 15,000,000 VND to 20,000,000 VND for batches of forestry plant varieties worth from 30,000,000 VND to under 40,000,000 VND;

d) Fine from 20,000,000 VND to 25,000,000 VND for batches of forestry plant varieties worth from 40,000,000 VND to under 60,000,000 VND;

e) Fine from 25,000,000 VND to 30,000,000 VND for batches of forestry plant varieties worth from 60,000,000 VND to under 80,000,000 VND;

g) Fine from 30,000,000 VND to 35,000,000 VND for batches of forestry plant varieties worth from 80,000,000 VND to under 100,000,000 VND;

h) Fine from 35,000,000 VND to 40,000,000 VND for batches of forestry plant varieties worth 100,000,000 VND or more.

5. Remedial measures:

Forced destruction of forestry plant varieties for violations specified in Clause 4 of this Article.”

8. Amendments and supplements Article 15 as follows:

Article 15. Violations of regulations on planting replacement forests

Penalties for late planting of replacement forests according to the afforestation plan approved by the competent authority are as follows:

1. Slow planting of replacement forests in an area of less than 01 ha:

a) Fine from 1,000,000 VND to 3,000,000 VND for delay in planting replacement forests from 01 year to less than 02 years;

b) Fine from 3,000,000 VND to 5,000,000 VND for delay in planting replacement forests from 02 years to less than 03 years;

c) Fine from 5,000,000 VND to 10,000,000 VND for delay in planting replacement forests for 3 years or more.

2. Slow planting of replacement forests in areas from 01 ha to less than 03 ha:

a) Fine from 10,000,000 VND to 15,000,000 VND for delay in planting replacement forests from 01 year to less than 02 years;

b) Fine from 15,000,000 VND to 20,000,000 VND for delay in planting replacement forests from 02 years to less than 03 years;

c) Fine from 20,000,000 VND to 30,000,000 VND for delay in planting replacement forests for 03 years or more.

3. Slow planting of replacement forests in areas from 03 hectares to less than 05 hectares:

a) Fine from 30,000,000 VND to 35,000,000 VND for delay in planting replacement forests from 01 year to less than 02 years;

b) Fine from 35,000,000 VND to 40,000,000 VND for delay in planting replacement forests from 02 years to less than 03 years;

c) Fine from 40,000,000 VND to 50,000,000 VND for delay in planting replacement forests for 3 years or more.

4. Slow planting of replacement forests in areas from 05 hectares to less than 07 hectares:

a) Fine from 50,000,000 VND to 55,000,000 VND for delay in planting replacement forests from 01 year to less than 02 years;

b) Fine from 55,000,000 VND to 60,000,000 VND for delay in planting replacement forests from 02 years to less than 03 years;

c) Fine from 60,000,000 VND to 70,000,000 VND for delay in planting replacement forests for 3 years or more.

5. Slow planting of replacement forests in areas from 07 hectares to less than 10 hectares:

a) Fine from 70,000,000 VND to 75,000,000 VND for delay in planting replacement forests from 01 year to less than 02 years;

b) Fine from 75,000,000 VND to 80,000,000 VND for delay in planting replacement forests from 02 years to less than 03 years;

c) Fine from 80,000,000 VND to 90,000,000 VND for delay in planting replacement forests for 3 years or more.

6. Slow planting of replacement forests in areas from 10 hectares to less than 15 hectares:

a) Fine from 90,000,000 VND to 95,000,000 VND for delay in planting replacement forests from 01 year to less than 02 years;

b) Fine from 95,000,000 VND to 100,000,000 VND for delay in planting replacement forests from 02 years to less than 03 years;

c) Fine from 100,000,000 VND to 115,000,000 VND for delay in planting replacement forests for 03 years or more.

7. Slow planting of replacement forests in areas from 15 hectares to less than 20 hectares:

a) Fine from 115,000,000 VND to 120,000,000 VND for delay in planting replacement forests from 01 year to less than 02 years;

b) Fine from 120,000,000 VND to 125,000,000 VND for delay in planting replacement forests from 02 years to less than 03 years;

c) Fine from 125,000,000 VND to 140,000,000 VND for delay in planting replacement forests for 03 years or more.

8. Slow planting of replacement forests in areas from 20 hectares to less than 25 hectares:

a) Fine from 140,000,000 VND to 145,000,000 VND for delay in planting replacement forests from 01 year to less than 02 years;

b) Fine from 145,000,000 VND to 150,000,000 VND for delay in planting replacement forests from 02 years to less than 03 years;

c) Fine from 150,000,000 VND to 165,000,000 VND for delay in planting replacement forests for 03 years or more.

9. Slow planting of replacement forests in areas from 25 hectares to less than 30 hectares:

a) Fine from 165,000,000 VND to 170,000,000 VND for delay in planting replacement forests from 01 year to less than 02 years;

b) Fine from 170,000,000 VND to 175,000,000 VND for delay in planting replacement forests from 02 years to less than 03 years;

c) Fine from 175,000,000 VND to 190,000,000 VND for delay in planting replacement forests for 03 years or more.

10. Slow planting of replacement forests in areas from 30 hectares to less than 35 hectares:

a) Fine from 190,000,000 VND to 195,000,000 VND for delay in planting replacement forests from 01 year to less than 02 years;

b) Fine from 195,000,000 VND to 200,000,000 VND for delay in planting replacement forests from 02 years to less than 03 years;

c) Fine from 200,000,000 VND to 215,000,000 VND for delay in planting replacement forests for 03 years or more.

11. Slow planting of replacement forests in areas from 35 hectares to less than 40 hectares:

a) Fine from 215,000,000 VND to 220,000,000 VND for delay in planting replacement forests from 01 year to less than 02 years;

b) Fine from 220,000,000 VND to 225,000,000 VND for delay in planting replacement forests from 02 years to less than 03 years;

c) Fine from 225,000,000 VND to 240,000,000 VND for delay in planting replacement forests for 3 years or more.

12. Slow planting of replacement forests in areas from 40 hectares to less than 45 hectares:

a) Fine from 240,000,000 VND to 245,000,000 VND for delay in planting replacement forests from 01 year to less than 02 years;

b) Fine from 245,000,000 VND to 250,000,000 VND for delay in planting replacement forests from 02 years to less than 03 years;

c) Fine from 250,000,000 VND to 265,000,000 VND for delay in planting replacement forests for 03 years or more.

13. Slow planting of replacement forests in areas from 45 hectares to less than 50 hectares:

a) Fine from 265,000,000 VND to 270,000,000 VND for delay in planting replacement forests from 01 year to less than 02 years;

b) Fine from 270,000,000 VND to 275,000,000 VND for delay in planting replacement forests from 02 years to less than 03 years;

c) Fine from 275,000,000 VND to 290,000,000 VND for delay in planting replacement forests for 03 years or more.

14. Slow planting of replacement forests in areas from 50 hectares to less than 60 hectares:

a) Fine from 290,000,000 VND to 300,000,000 VND for delay in planting replacement forests from 01 year to less than 02 years;

b) Fine from 300,000,000 VND to 310,000,000 VND for delay in planting replacement forests from 02 years to less than 03 years;

c) Fine from 310,000,000 VND to 325,000,000 VND for delay in planting replacement forests for 3 years or more.

15. Slow planting of replacement forests in areas from 60 hectares to less than 70 hectares:

a) Fine from 325,000,000 VND to 335,000,000 VND for delay in planting replacement forests from 01 year to less than 02 years;

b) Fine from 335,000,000 VND to 345,000,000 VND for delay in planting replacement forests from 02 years to less than 03 years;

c) Fine from 345,000,000 VND to 360,000,000 VND for delay in planting replacement forests for 3 years or more.

16. Slow planting of replacement forests in areas from 70 hectares to less than 80 hectares:

a) Fine from 360,000,000 VND to 370,000,000 VND for delay in planting replacement forests from 01 year to less than 02 years;

b) Fine from 370,000,000 VND to 380,000,000 VND for delay in planting replacement forests from 02 years to less than 03 years;

c) Fine from 380,000,000 VND to 395,000,000 VND for delay in planting replacement forests for 03 years or more.

17. Slow planting of replacement forests in areas from 80 hectares to less than 90 hectares:

a) Fine from 395,000,000 VND to 405,000,000 VND for delay in planting replacement forests from 01 year to less than 02 years;

b) Fine from 405,000,000 VND to 415,000,000 VND for delay in planting replacement forests from 02 years to less than 03 years;

c) Fine from 415,000,000 VND to 430,000,000 VND for delay in planting replacement forests for 03 years or more.

18. Slow planting of replacement forests in areas from 90 hectares to less than 100 hectares:

a) Fine from 430,000,000 VND to 440,000,000 VND for delay in planting replacement forests from 01 year to less than 02 years;

b) Fine from 440,000,000 VND to 450,000,000 VND for delay in planting replacement forests from 02 years to less than 03 years;

c) Fine from 450,000,000 VND to 465,000,000 VND for delay in planting replacement forests for 3 years or more.

19. Slow planting of replacement forests in an area of 100 hectares or more:

a) Fine from 465,000,000 VND to 475,000,000 VND for delay in planting replacement forests from 01 year to less than 02 years;

b) Fine from 475,000,000 VND to 485,000,000 VND for delay in planting replacement forests from 02 years to less than 03 years;

c) Fine from 485,000,000 VND to 500,000,000 VND for delay in planting replacement forests for 03 years or more.”

9. Amending and supplementing a number of clauses Article 16 is as follows:

a) Amendments and supplements Point a Clause 1 as follows:

a) Forest owners do not report or do not report on time to competent authorities when there are changes in forest area according to the provisions of law;”

b) Amendments and supplements Clause 3 as follows:

3. Fine from 500,000 VND to 1,000,000 VND for one of the following violations:

a) Bringing tools and instruments into natural forests, production forests or protection forests without permission of the forest owner;

b) Bringing toxic chemicals, explosives, or flammable substances against the law into protective forests or grazing cattle, poultry, and other livestock on newly planted forest areas while taking care of animals. with production forests or protection forests;

c) Setting up shacks or camps in production forests or protection forests without permission of the forest owner;

d) Forest owners do not replant forests immediately in the next afforestation season after clear exploitation with an area of 01 ha to less than 03 ha."

c) Amendments and supplements Clause 4 as follows:

4. Fine from 1,000,000 VND to 1,500,000 VND for one of the following violations:

a) Organizing people to participate in scientific research, education, training, and collection of samples and biological genetic resources without permission of the forest owner;

b) Bringing equipment, tools or setting up camps or camps in special-use forests without permission of the forest owner;

c) Carrying toxic chemicals, explosives, flammable substances or grazing livestock, poultry, or other livestock in strictly protected areas or on newly planted forest areas, while the forest is being cared for special use;

d) Advertising to trade forest plants, forest animals and their products against the law for species not included in Appendix III of the Investment Law;

d) Forest owners do not replant forests immediately in the next afforestation season after clear exploitation with an area of 03 hectares to less than 10 hectares."

d) Repeal point g clause 5.

d) Amendments and supplements Point a, Point b Clause 9 as follows:

“9. Remedial measures:

a) Forced restoration of the original condition for acts of establishing camps in production forests, protection forests, or special-use forests specified in Point c, Clause 3 and Point b, Clause 4 of this Article;

b) Forced removal of waste, toxic chemicals, explosives, flammable substances, and flammable substances from the forest for acts specified in Point b, Clause 3 and Point c, Clause 4 of this Article;”

10. Add clause 11 Article 17 as follows:

11. In case the administrative violator cannot be identified for the acts specified in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7 and Clause 8 of this Article, the Committee Commune-level people are managing and protecting forest areas that have not yet been allocated or leased by the State, or forest owners whose forest areas are damaged shall coordinate with the agency where the competent person makes the decision to apply measures. Carry out remedial actions as prescribed in Point c, Clause 3 and Clause 4, Article 4 of this Decree.”

11. Amending and supplementing a number of clauses Article 20 is as follows:

a) Amendments and supplements Point d Clause 4 as follows:

d) Special-use forests with an area of from 300 m2 to less than 400 m2;

b) Amendments and supplements Clause 11 as follows:

11. The act of peeling, gluing trees, drilling into tree trunks, chopping stumps, pouring chemicals that destroy the stumps and roots of forest trees, affecting the growth and development of forest trees, each tree has a diameter at position 1. ,3 m from 8 cm or more is violated and fined 200,000 VND, but the total fine for this act must not exceed 200,000,000 VND; Each tree with a diameter of less than 8 cm at a position of 1.3 m is subject to a fine of 100,000 VND, but the total fine for this act shall not exceed 100,000,000 VND.”

c) Amendments and supplements Clause 12 as follows:

12. Forest owners are allocated or leased forests by the state to manage, protect or use according to the provisions of law. If they do not organize or fully implement management, protection, If the development and use of forests according to forest management regulations causes illegal deforestation to occur, penalties shall be imposed as prescribed in Point b Clause 1 or Point b Clause 2 or Point b Clause 3 or Point b Clause 4 or Point b Clause 5 or point b clause 6 or point b clause 7 or point b clause 8 or point b clause 9 or point b clause 10 of this Article.”

d) Amendments and supplements Clause 14 as follows:

14. Remedial measures:

Individuals and organizations that commit administrative violations in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9 and Clause 10 of this Article will be subject to remedial measures. as follows:

a) Forced restoration of the original state for acts of digging, excavating, bulldozing, blasting, building dams, blocking natural flows causing damage to forests;

b) Force the implementation of measures to overcome environmental pollution and disease spread, applicable to acts of releasing toxic substances that cause damage to forests;

c) Forced to return illegal profits obtained from administrative violations;

d) Forced reforestation or payment of reforestation costs until it becomes a forest according to the investment rate applied in the locality at the time of the administrative violation.”

d) Add Clause 15 as follows:

15. In case the subject of administrative violation cannot be identified for the acts specified in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9 and Clause 10 of this Article, the Commune People's Committee is managing and protecting the forest area that has not been allocated or leased by the State or the forest owner whose forest area is damaged in coordination with the agency where the competent person is located. Decide to apply remedial measures and implement remedial measures specified in Point c, Clause 3 and Clause 4, Article 4 of this Decree.”

12. Amending and supplementing a number of clauses Article 21 is as follows:

a) Modify and supplement the opening paragraph and Term 1 as follows:

“Acts of hunting, capturing, killing, raising, or confining wild animals against the law shall be punished as follows:

1. Fine from 1,000,000 VND to 5,000,000 VND for one of the following cases:

a) Ordinary forest animals worth less than 5,000,000 VND;

b) Forest animals on the List of endangered, precious and rare forest plants and animals Group IIB worth less than 3,000,000 VND.”

b) Add clause 1a later Term 1 as follows:

1a. Fine from 5,000,000 VND to 10,000,000 VND for one of the following cases:

a) Ordinary forest animals worth from 5,000,000 VND to under 10,000,000 VND;

b) Forest animals on the List of endangered, precious and rare forest plants and animals Group IIB worth from 3,000,000 VND to under 5,000,000 VND.”

c) Modification and addition of name Clause 2 as follows:

2. Fine from 10,000,000 VND to 25,000,000 VND for one of the following cases:”

d) Amendments and supplements Point a Clause 15 as follows:

a) Confiscation of exhibits, tools and instruments for administrative violations for the acts specified in Clause 1, Clause 1a, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, Clause 11, Clause 12, Clause 13 and Clause 14 of this Article;”

d) Amendments and supplements Clause 16 as follows:

16. Remedial measures:

Forced implementation of measures to overcome environmental pollution and spread of epidemics; Force destruction of goods and items harmful to human health, livestock, crops and the environment for acts specified in Clause 1, Clause 1a, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, Clause 11, Clause 12, Clause 13 and Clause 14 of this Article.”

13. Amending and supplementing a number of clauses Article 22 is as follows:

a) Modify and supplement the opening paragraph and Term 1 as follows:

“Acts of transporting forest products (in case of transporting forest products by vehicle, the violation is determined from the time the forest product has been loaded onto the transport vehicle) without legal records or with legal records but the actual transported forest products do not conform to that dossier, penalties will be as follows:

1. Fine from 1,000,000 VND to 5,000,000 VND for one of the following cases:

a) Forest animals, body parts or products of common forest animals worth less than 7,000,000 VND;

b) Forest animals, body parts or products of forest animals on the List of endangered, precious and rare forest plants and animals Group IIB worth less than 3,000,000 VND;

c) Wood of common species less than 01 m3;

d) Wood on the List of endangered, precious and rare forest plants and animals Group IIA under 0.5 m3;

d) Wood on the List of endangered, precious and rare forest plants and animals Group IA less than 0.1 m3;

e) Non-timber forest plants worth less than 7,000,000 VND;

g) Products made from wood without legal forest product records worth less than 7,000,000 VND.”

b) Add clause 1a later Term 1 as follows:

1a. Fine from 5,000,000 VND to 10,000,000 VND for one of the following cases:

a) Forest animals, body parts or products of common forest animals worth from 7,000,000 VND to under 15,000,000 VND;

b) Forest animals, body parts or products of forest animals on the List of endangered, precious and rare forest plants and animals Group IIB worth from 3,000,000 VND to under 7,000,000 VND;

c) Wood of common species from 01 m3 to less than 02 m3;

d) Wood on the List of endangered, precious and rare forest plants and animals Group IIA from 0.5 m3 to less than 01 m3;

d) Wood on the List of endangered, precious and rare forest plants and animals Group IA from 0.1 m3 to less than 0.2 m3;

e) Non-timber forest plants valued from 7,000,000 VND to under 15,000,000 VND;

g) Products processed from wood without legal forest product records worth from 7,000,000 VND to under 15,000,000 VND.”

c) Modification and addition of name Clause 2 as follows:

2. Fine from 10,000,000 VND to 25,000,000 VND for one of the following cases:”

d) Amendments and supplements grade A, name point b and the second paragraph Point b Clause 20 as follows:

a) Confiscate evidence of violations for the acts specified in Clause 1, Clause 1a, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, Clause 11 , Clause 12, Clause 13, Clause 14, Clause 15, Clause 16, Clause 17, Clause 18 and Clause 19 of this Article (except in cases where the wood has legal records and origin but the actual volume of wood exceeds the allowable tolerance. permit according to regulations of the Ministry of Agriculture and Rural Development).

b) Confiscation of vehicles for acts specified in Clause 1, Clause 1a, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, Clause 11, Clause 12, Clause 13, Clause 14, Clause 15, Clause 16, Clause 17, Clause 18 and Clause 19 This Article falls into one of the following cases:

Using vehicles manufactured or assembled in contravention of regulations; The vehicle does not have a Vehicle Registration Certificate as prescribed; The vehicle had fake license plates.”

d) Amendments and supplements Clause 21 as follows:

21. Remedial measures:

a) Force implementation of measures to overcome environmental pollution and spread of epidemics; Force the destruction of goods and items that are harmful to human health, livestock, crops and the environment for acts specified in Points a and b of Clauses 1 and 1a; Points a, b, c of Clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 11; Points a, b, c, dd Clause 12; Points a and c of Clause 13 and Clause 14 of this Article;

b) Forced to return illegal profits obtained from committing administrative violations or forced to return an amount equal to the value of material evidence and means of administrative violations that have been consumed, dispersed, or destroyed for acts of violating the provisions of Clauses 1, Clause 1a, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, Clause 11, Clause 12, Clause 13, Clause 14, Clause 15, Clause 16, Clause 17, Clause 18 and Clause 19 of this Article.”

e) Amendments and supplements Clause 22 as follows:

22. In case of transporting forest products whose legal origin has been determined but the forest product records do not comply with the provisions of law or the vehicle driver or forest product owner cannot present forest records products to competent persons at the time of inspecting the means of transporting forest products will be punished according to the provisions of Article 24 of this Decree."

g) Amendments and supplements Clause 24 as follows:

24. In case of detection of transporting underground charcoal or charcoal from the forest that is determined to originate from natural forests or planted forests whose owners are represented by the State, the vehicle driver will be fined. For acts of illegally transporting non-timber forest plants specified in this Article, forest product owners will be punished according to the provisions of Clause 4, Article 13 of this Decree.”

14. Amendments and supplements Article 23 is as follows:

a) Modify and supplement names, opening paragraphs and Clause 1 of Article 23 as follows:

“Article 23. Illegal storage, trading, export, import, and processing of forest products

The act of storing, buying, selling, exporting, importing, or processing forest products without legal records or having legal records but the forest products do not match the content of that record will be punished as follows:

1. Fine from 1,000,000 VND to 5,000,000 VND for one of the following cases:

a) Forest animals, body parts or products of common forest animals worth less than 7,000,000 VND;

b) Forest animals, body parts or products of forest animals on the List of endangered, precious and rare forest plants and animals Group IIB worth less than 3,000,000 VND;

c) Timber of common species under 01 m3;

d) Wood on the List of endangered, precious and rare forest plants and animals Group IIA under 0.5 m3;

d) Wood on the List of endangered, precious and rare forest plants and animals Group IA under 0.1 m3;

e) Non-timber forest plants worth less than 7,000,000 VND;

g) Products made from wood without legal forest product records worth less than 7,000,000 VND.”

b) Add clause 1a later Term 1 as follows:

1a. Fine from 5,000,000 VND to 10,000,000 VND for one of the following cases:

a) Forest animals, body parts or products of common forest animals worth from 7,000,000 VND to under 15,000,000 VND;

b) Forest animals, body parts or products of forest animals on the List of endangered, precious and rare forest plants and animals Group IIB worth from 3,000,000 VND to under 7,000,000 VND;

c) Timber of common species from 01 m3 to less than 02 m3;

d) Wood on the List of endangered, precious and rare forest plants and animals Group IIA from 0.5 m3 to less than 01 m3;

d) Wood on the List of endangered, precious and rare forest plants and animals Group IA from 0.1 m3 to less than 0.2 m3;

e) Non-timber forest plants valued from 7,000,000 VND to under 15,000,000 VND;

g) Products processed from wood without legal forest product records worth from 7,000,000 VND to under 15,000,000 VND.”

c) Modification and addition of name Clause 2 as follows:

2. Fine from 10,000,000 VND to 25,000,000 VND for one of the following cases:”

d) Amendments and supplements Point a Clause 20 as follows:

a) Confiscate evidence of violations for the acts specified in Clause 1, Clause 1a, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, Clause 11 , Clause 12, Clause 13, Clause 14, Clause 15, Clause 16, Clause 17, Clause 18 and Clause 19 of this Article.”

d) Amendments and supplements Clause 21 as follows:

21. Remedial measures:

a) Force implementation of measures to overcome environmental pollution and spread of epidemics; Force the destruction of goods and items that are harmful to human health, livestock, crops and the environment for acts specified in Points a and b of Clauses 1 and 1a; Points a, b, c of Clauses 2, 3, 4, 5, 6, 7, 8, 9, 10, 11; Points a, b, c, dd Clause 12; Points a and c of Clause 13 and Clause 14 of this Article;

b) Forced to return illegal profits obtained from committing administrative violations or forced to return an amount equal to the value of material evidence and means of administrative violations that have been consumed, dispersed, or destroyed for acts of violating the provisions of Clauses 1, Clause 1a, Clause 2, Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, Clause 11, Clause 12, Clause 13, Clause 14, Clause 15, Clause 16, Clause 17, Clause 18 and Clause 19 of this Article.”

e) Add Clause 24 as follows:

24. The act of illegally storing forest products with evidence that is a living animal will be punished for the act of raising or confining forest animals against the law according to the provisions of Article 21 of this Decree.”

15. Amending and supplementing a number of clauses Article 24 is as follows:

a) Amendments and supplements Point c Clause 1 as follows:

c) The vehicle driver or forest product owner fails to present forest product records to the competent person at the time of inspection of the vehicle transporting forest products.”

b) Amendments and supplements Clause 2 as follows:

2. Fine from 1,000,000 VND to 2,000,000 VND for one of the following violations:

a) The owner of a forest product processing and trading facility does not prepare a monitoring book or does not prepare a monitoring book according to the prescribed form; not recording or recording incompletely or not factually in the forest product import and export book;

b) Owners of establishments that raise and grow forest animals and plants on the List of endangered, precious and rare forest plants and animals or species included in the Appendix to the Convention on International Trade in Animal and Plant Species Endangered wild animals do not make a monitoring book or make a monitoring book that is not in the correct form according to regulations; Failure to record or record incompletely or incorrectly in the farming monitoring book according to the provisions of law;

c) The owner of a facility raising common forest animals or other terrestrial wild animals does not prepare a monitoring book or prepares a monitoring book that is not in the correct form according to regulations; Failure to take notes or incomplete or inaccurate records in the monitoring book or failure to notify the competent authority on time as prescribed by law when bringing common or wild animals Terrestrial wildlife differs in terms of farming facilities;

d) Forest product owners do not make or do not make reports on time according to regulations on the Vietnam Timber Legality Assurance System.”

c) Amendments and supplements point b clause 3 as follows:

b) Owners of establishments that raise or grow species on the List of endangered, precious and rare forest plants and animals or species included in the Appendix to the Convention on International Trade in Endangered Species of Wild Fauna and Flora legal origin but not registered with the farming facility code according to the provisions of law.”

d) Amendments and supplements Clause 4 as follows:

4. Fine from 5,000,000 VND to 10,000,000 VND for one of the following violations:

a) Forest product owners transport, buy, sell, store, and process forest products originating from legal natural forests but do not fully comply with legal regulations on legal forest product records;

b) Enterprises do not declare or declare incorrectly the criteria for classifying enterprises according to regulations on Vietnam Timber Legality Assurance System.”

16. Amendments and supplements Clause 2 Article 25 as follows:

"2. Civil servants, public employees and people belonging to the People's Army and People's Police in the agencies specified in Articles 26, Article 27, Article 28, Article 29, Article 30, Article 31, Article 32 and Article 33 This Decree is performing official duties and tasks to ensure compliance with the law on forest management, protection, development and use; processing and trading of forest products within the scope of management and assigned functions, tasks and powers.”

17. Amending and supplementing a number of clauses Article 26 is as follows:

a) Amendments and supplements Point c Clause 2 as follows:

“c) Confiscate evidence and means of administrative violations with a value not exceeding 20,000,000 VND.”

b) Amendments and supplements Point c and point d Clause 3 as follows:

“c) Confiscate evidence and means of administrative violations with a value not exceeding 50,000,000 VND;

d) Apply remedial measures specified in point a, point c, point d, point dd, point e, point g, point h, point i, point k, point l, point m, point n, Point o Clause 3 and Clause 4 Article 4 of this Decree.”

c) Modification and addition of name Clause 4, Point d and Point dd Clause 4 as follows:

4. Director of the Forest Protection Department; The Director of the Regional Forest Protection Department and the Captain of the Special Ranger Team of the Forest Protection Department have the right to:

d) Confiscate evidence and means of administrative violations with a value not exceeding 100,000,000 VND;

d) Apply remedial measures specified in Clauses 3 and 4, Article 4 of this Decree.”

d) Amendments and supplements Point d and Point dd Clause 5 as follows:

“d) Confiscate evidence and means of administrative violations;

d) Apply remedial measures specified in Clauses 3 and 4, Article 4 of this Decree.”

18. Amending and supplementing a number of clauses Article 27 is as follows:

a) Amendments and supplements Point c and point d Clause 1 as follows:

“c) Confiscate evidence and means of administrative violations with a value not exceeding 10,000,000 VND;

d) Apply remedial measures specified in Points a, b, c, d, Clause 3 and Clause 4, Article 4 of this Decree.”

b) Amendments and supplements Point b, point d and point dd Clause 2 as follows:

2. The Chairman of the District People's Committee has the right to:

b) Fine up to 100,000,000 VND;

d) Confiscate evidence and means of administrative violations;

d) Apply remedial measures specified in Clauses 3 and 4, Article 4 of this Decree.”

c) Amendments and supplements Point d and Point dd Clause 3 as follows:

“d) Confiscate evidence and means of administrative violations;

d) Apply remedial measures specified in Clauses 3 and 4, Article 4 of this Decree.”

19. Amending and supplementing a number of clauses Article 28 is as follows:

a) Amendments and supplements Point c Clause 1 as follows:

“c) Confiscate evidence and means of administrative violations with a value not exceeding 1,000,000 VND;”

b) Amendments and supplements Point d and Point dd Clause 2 as follows:

“d) Confiscate evidence and means of administrative violations with a value not exceeding 100,000,000 VND;

d) Apply remedial measures specified in Clauses 3 and 4, Article 4 of this Decree.”

c) Amendments and supplements Point d and Point dd Clause 3 as follows:

“d) Confiscate evidence and means of administrative violations with a value not exceeding 500,000,000 VND;

d) Apply remedial measures specified in Clauses 3 and 4, Article 4 of this Decree.”

d) Amendments and supplements Point d and Point dd Clause 4 as follows:

“d) Confiscate evidence and means of administrative violations;

d) Apply remedial measures specified in Clauses 3 and 4, Article 4 of this Decree.”

20. Amendments and supplements Article 29 as follows:

Article 29. Sanctioning authority of the People's Police

1. People's Public Security soldiers on duty have the right to:

a) Caution;

b) Fine up to 500,000 VND.

2. The head of a company-level mobile police unit, station chief, and captain of the person specified in Clause 1 of this Article has the right to:

a) Caution;

b) Fine up to 1,500,000 VND.

3. Head of Commune Police, Head of Police Station, Head of Border Gate Police Station, Export Processing Zone, Head of International Airport Border Gate Police, Battalion Commander of Mobile Police Battalion, Captain of the Navy has the right to :

a) Caution;

b) Fine up to 2,500,000 VND;

c) Confiscate evidence and means of administrative violations with a value not exceeding 5,000,000 VND;

d) Apply remedial measures specified in Points a, c and d, Clause 3, Article 4 of this Decree.

4. Head of District Police; Head of the Professional Department of the Department of Internal Political Security; Head of the professional department of the Police Department for administrative management of social order; Head of the professional department of the Traffic Police Department; Head of the professional department of the Police Department of Fire Prevention, Fighting and Rescue; Head of the Professional Department of the Department of Cyber Security and High-Tech Crime Prevention and Control; Head of the Professional Department of the Immigration Department; Heads of Provincial Police Department include: Head of Internal Political Security Department, Head of Police Department for Administrative Management of Social Order, Head of Police Department for Investigation of Social Order Crimes, Head of Police Investigation Department Investigating corruption, economic and smuggling crimes, Head of the Police Department investigating drug crimes, Head of the Traffic Police Department, Head of the Road and Railway Traffic Police Department, Head of the Traffic Police Department Road Police Department, Head of Waterway Police Department, Head of Mobile Police Department, Head of Security Police Department, Head of Criminal Judgment Enforcement and Judicial Support Police Department, Head of Environmental Crime Prevention and Control Police Department Head of the Fire Prevention, Fighting and Rescue Police Department, Head of the Cyber Security Department and High-Tech Crime Prevention and Control, Head of the Immigration Management Department, Head of the Economic Security Department, Head of the External Security Department, Regimental Commander of the Mobile Police Regiment, and Fleet Commander have the right to:

a) Caution;

b) Fine up to 25,000,000 VND;

c) Suspension of forest exploitation activities for a period of 06 to 12 months or suspension of operations of forest product processing facilities for a period of 06 months to 12 months;

d) Confiscate evidence and means of administrative violations with a value not exceeding 50,000,000 VND;

d) Apply remedial measures specified in point a, point c, point d, point e, point g, point h, point i, point k, point l, point m, point n and point o clause 3 and Clause 4, Article 4 of this Decree.

5. The Director of the Provincial Police has the right to:

a) Caution;

b) Fine up to 100,000,000 VND;

c) Suspension of forest exploitation activities for a period of 06 to 12 months or suspension of operations of forest product processing facilities for a period of 06 months to 12 months;

d) Confiscate evidence and means of administrative violations;

d) Apply remedial measures specified in point a, point c, point d, point dd, point e, point g, point h, point i, point k, point l, point m, point n and Point o Clause 3 and Clause 4 Article 4 of this Decree.

6. Director of the Department of Internal Political Security, Director of the Department of Economic Security, Director of the Police Department for Administrative Management of Social Order, Director of the Police Department for Investigation of Social Order Crimes, Director of the Police Department investigating corruption, economic and smuggling crimes, Director of the Police Department investigating drug crimes, Director of the Traffic Police Department, Director of the Fire Prevention and Fighting Police Department and rescue, Director of the Police Department for Prevention and Control of Environmental Crimes, Director of the Department of Cyber Security and Prevention and Control of Crime Using High Technology, Director of the Department of Internal Security, Director of the Department of Police manage custody, temporary detention and execute criminal sentences in the community, the Mobile Police Commander has the right to:

a) Caution;

b) Fine up to 500,000,000 VND;

c) Suspension of forest exploitation activities for a period of 06 to 12 months or suspension of operations of forest product processing facilities for a period of 06 months to 12 months;

d) Confiscate evidence and means of administrative violations;

d) Apply remedial measures specified in point a, point c, point d, point dd, point e, point g, point h, point i, point k, point l, point m, point n and Point o Clause 3 and Clause 4 Article 4 of this Decree.”

21. Amending and supplementing a number of clauses Article 30 is as follows:

a) Add clause 2a later Clause 2 as follows:

2 a. The Head of the Drug and Crime Prevention Task Force under the Drug and Crime Prevention Task Force has the right to:

a) Caution;

b) Fine up to 10,000,000 VND;

c) Confiscate evidence and means of administrative violations with a value not exceeding 20,000,000 VND;

d) Apply remedial measures specified in Points a, c and d, Clause 3 and Clause 4, Article 4 of this Decree.”

b) Modification and addition of name Clause 3, Point c and point d Clause 3 as follows:

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:

c) Confiscate evidence and means of administrative violations with a value not exceeding 50,000,000 VND;

d) Apply remedial measures specified in Points a, c, d, e, l, Clause 3 and Clause 4, Article 4 of this Decree.”

c) Add clause 3a later Clause 3 as follows:

3a. The Head of the Drug and Crime Prevention Task Force under the Drug and Crime Prevention Department under the Border Guard Command has the right to:

a) Caution;

b) Fine up to 100,000,000 VND;

c) Confiscate evidence and means of administrative violations with a value not exceeding 200,000,000 VND;

d) Apply remedial measures specified in Points a, c, d, dd, e and l, Clause 3 and Clause 4, Article 4 of this Decree.”

d) Modification and addition of name Clause 4, Point d and Point dd Clause 4 as follows:

4. Commander of the Provincial Border Guard; The Commander of the Border Guard Squadron and the Director of the Drug and Crime Prevention Department under the Border Guard Command have the right to:

d) Confiscate evidence and means of administrative violations;

d) Apply remedial measures specified in Points a, c, d, dd, e, l, Clause 3 and Clause 4, Article 4 of this Decree.”

22. Amending and supplementing a number of clauses Article 31 is as follows:

a) Amendments and supplements Point c Clause 4 as follows:

“c) Confiscate evidence and means of administrative violations with a value not exceeding 50,000,000 VND;”

b) Modification and addition of name Clause 5 et Point c Clause 5 as follows:

5. Commander of the Coast Guard Squadron; The Head of the Reconnaissance Team and the Head of the Drug Crime Prevention Task Force under the Vietnam Coast Guard Command have the right to:

c) Confiscate evidence and means of administrative violations with a value not exceeding 100,000,000 VND;”

c) Modification and addition of name Clause 6 et Point c Clause 6 as follows:

6. Commander of the Coast Guard Region, Director of the Department of Professional Affairs and Law under the Vietnam Coast Guard Command has the right to:

c) Confiscate evidence and means of administrative violations;”

d) Modification and addition of name Clause 7 et Point d, Point dd Clause 7 as follows:

7. The Commander of the Vietnam Coast Guard has the right to:

d) Confiscate evidence and means of administrative violations;

d) Apply remedial measures specified in Points a, c and d, Clause 3, Article 4 of this Decree.”

23. Amending and supplementing a number of clauses Article 32 is as follows:

a) Modification and addition of name Clause 2 and Point c, Point d Clause 2 as follows:

2. Head of the Market Management Team, Head of the Operations Department under the Department of Market Management Operations has the right to:

c) Confiscate evidence of administrative violations with a value not exceeding 50,000,000 VND;

d) Apply remedial measures specified in Points a, d, dd and k, Clause 3, Article 4 of this Decree.”

b) Amendments and supplements Point d and Point dd Clause 3 as follows:

“d) Confiscate evidence of administrative violations;

d) Apply remedial measures specified in Points a, c, d, dd and k, Clause 3, Article 4 of this Decree.”

c) Amendments and supplements Point d and Point dd Clause 4 as follows:

“d) Confiscate evidence of administrative violations;

d) Apply remedial measures specified in Points a, c, d, dd and k, Clause 3, Article 4 of this Decree.”

24. Amending and supplementing a number of clauses Article 33 is as follows:

a) Modification and addition of name Clause 2 as follows:

2. Team leader and group leader of the Customs Branch; Team leader of the Control Team of the Customs Department of provinces, inter-provinces and centrally run cities; The team leader of the Post-Customs Clearance Inspection Department has the right to:”

b) Modification and addition of name Clause 3 and Point c Clause 3 as follows:

3. Director of the Customs Branch; Head of the Post-Customs Clearance Inspection Branch, Head of the Control Team of the Customs Department of provinces, inter-provinces and centrally run cities; Captain of the Criminal Investigation Team, Captain of the Anti-Smuggling Control Team, Captain of the Maritime Control Squadron and Captain of the Anti-Smuggling Control Team of Counterfeit Goods and Protection of Intellectual Property Rights under the Anti-Smuggling and Investigation Department. smuggle; The Director of the Post-Customs Clearance Inspection Branch under the Post-Customs Clearance Inspection Department has the right to:

c) Confiscate evidence and means of administrative violations with a value not exceeding 50,000,000 VND;”

c) Amendments and supplements Point d Clause 4 as follows:

“d) Confiscation of evidence and means of administrative violations;”

d) Amendments and supplements Point c Clause 5 as follows:

“c) Confiscation of evidence and means of administrative violations;”

25. Amendments and supplements Clause 4 Article 34 as follows:

“4. Competent persons of the Market Management force have the authority to sanction administrative violations, and have the right to apply additional forms of sanction and remedial measures for violations specified in Clause 1 of this Article. Article 14, Article 23, Article 24 according to the authority specified in Article 32 of this Decree within the scope of management and assigned functions, tasks and powers.”

Article 2. Amending and supplementing a number of articles of Decree No 31/2016/ND-CP May 6, 2016 regulations on sanctions for administrative violations in the fields of plant varieties, plant protection and quarantine (amended and supplemented in Decree No. 04/2020/ND-CP January 3, 2020 of the Government)

1. Add point n Clause 3 Article 4 as follows:

“n) Forced surrender of the Permit to import pesticides; License to test pesticides; Plant protection drug registration certificate; Import plant quarantine permit, Plant quarantine certificate for export, import, transit and domestic transportation; Certificate of eligibility to produce plant protection drugs; Certificate of eligibility to trade plant protection drugs; Certificate of practice in handling objects subject to plant quarantine; Practicing card for handling objects subject to plant quarantine; Notification of results of state inspection of imported plant protection drug quality; The document of the Commune People's Committee certifying the plant protection service activities (hereinafter referred to as the license) has been erased or edited to falsify the content.

2. Add Article 5a later Article 5 as follows:

“Article 5a. Implement remedial measures

1. Forced removal from Vietnamese territory or forced re-export of goods that commit administrative violations:

Goods that are forced to be taken out of Vietnam's territory or forced to be re-exported must be confirmed in writing or by other electronic methods by the border gate Customs agency and the sanctioned organization or individual must send them back to the person in charge. The authority has issued a decision to sanction administrative violations within 05 working days from the date the goods were taken out of Vietnamese territory or re-exported to record the case.

2. Forced destruction of pesticides; type of tree; seed materials; harmful and beneficial organisms; objects subject to plant quarantine; Plant quarantine objects or objects subject to control or strange living harmful organisms:

a) Depending on the nature and characteristics of administrative violation goods and requirements to ensure environmental hygiene, destruction is carried out in the following forms: using chemicals, using mechanical measures. destruction, destruction, burial, or other forms as prescribed by law. The competent authority that has issued the decision to sanction administrative violations shall supervise the destruction directly or by other technical means (if any).

b) Violating individuals and organizations that destroy goods must make a destruction record. The content of the record must show the following contents: grounds and reasons for destruction; time and place of destruction; components participating in destruction; name, type, source, origin, quantity, current status of goods and items at the time of destruction; form of destruction and other related contents. The destruction record must have the signatures of the participants in the destruction and the representative of the competent authority that has issued the decision to sanction administrative violations supervising the destruction. After destruction, the violating individual or organization must submit a destruction record and documents related to the destruction to the competent authority that has issued the decision to sanction administrative violations.

3. Forced recycling of finished drugs that can still be recycled:

a) Depending on the nature and characteristics of pesticides, recycling of pesticides must be carried out by a facility with a Certificate of eligibility to produce pesticides according to legal regulations. the law. After recycling, violating individuals and organizations must submit a report on implementation of remedial measures together with a report of pesticide quality testing results for batches of pesticides released from the factory. recycled according to legal regulations to the person competent to issue decisions on sanctioning administrative violations.

b) Persons with authority to issue decisions on sanctioning administrative violations shall urge the implementation of recycling.

4. Forced to return licenses that have been erased or altered to falsify the content

Organizations and individuals committing administrative violations shall submit licenses with erased, corrected or falsified content to the person competent to sanction administrative violations. In case the person competent to issue the decision to sanction administrative violations is not also the agency or person with licensing authority, within 05 working days from the date of issuance of the decision to sanction administrative violations , the person competent to issue decisions on sanctioning administrative violations shall send a Notice of application of remedial measures to force the return of erased, corrected or falsified licenses to the agency and person in charge. authority to issue licenses (except in cases where licenses are issued by foreign agencies).”

3. Amending and supplementing a number of clauses Article 25 is as follows:

a) Add clause 1a later Term 1 as follows:

1a. Fines from 2,000,000 VND to 4,000,000 VND for trading pesticides with other goods such as: Food, animal feed, aquatic feed, medical drugs medical, veterinary medicine.”

b) Abolition Point a Clause 1.

4. Amendments and supplements Point a Clause 4 Article 30 as follows:

a) Forced surrender of license for violations specified in Clause 1 of this Article.”

5. Modify and supplement some points of Clause 1 and Clause 2, Article 31 are as follows:

a) Amendments and supplements Point c Clause 1 as follows:

c) Confiscate evidence and means of administrative violations with a value not exceeding 10,000,000 VND;”

b) Amendments and supplements Point d Clause 2 as follows:

d) Confiscate evidence and means of administrative violations;”

6. Amending and supplementing a number of clauses Article 33 is as follows:

a) Amendments and supplements Term 1 as follows:

1. Agriculture and rural development inspectors and people assigned to perform specialized inspection tasks on official duty have the right to:

a) Caution;

b) Fine up to 500,000 VND;

c) Confiscate evidence and means of administrative violations with a value not exceeding 1,000,000 VND;

d) Apply remedial measures specified in Points a, c and dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations.”

b) Modification and addition of name Clause 2 and Point d, Point dd Clause 2 as follows:

2. Chief Inspector of the Department of Agriculture and Rural Development; Director of the Department of Cultivation and Plant Protection; Director of the Regional Plant Quarantine Branch under the Plant Protection Department; Head of the specialized inspection team of the Department of Agriculture and Rural Development; Head of specialized inspection team: Department of Plant Protection, Sub-Department of Crop Production and Plant Protection, has the right to:

d) Confiscate evidence and means of administrative violations with a value not exceeding 50,000,000 VND;

d) Apply remedial measures specified in Points a, c, d, dd, e, g, h, i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Points g, h, i, k, l, m, n, Clause 3, Article 4 of this Decree. ”

c) Amendments and supplements Point d and Point dd Clause 3 as follows:

“d) Confiscate evidence and means of administrative violations with a value not exceeding 70,000,000 VND;

d) Apply remedial measures specified in Points a, c, d, dd, g, h, i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Points g, h, i, k, l, m, n, Clause 3, Article 4 of this Decree.”

d) Amendments and supplements Point d and Point dd Clause 4 as follows:

“d) Confiscate evidence and means of administrative violations;

d) Apply remedial measures specified in Points a, c, d, dd, e, g, h, i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and Points g, h, i, k, l, m, n, Clause 3, Article 4 of this Decree. ”

7. Amending and supplementing a number of clauses Article 34 is as follows:

a) Modification and addition of name Clause 2 as follows:

2. The head of a company-level mobile police unit, station chief, and captain of the person specified in Clause 1 of this Article has the right to:”

b) Modification and addition of name Clause 3 and Point c Clause 3 as follows:

3. Head of Commune Police, Head of Police Station, Head of Border Gate Police Station, Export Processing Zone, Head of International Airport Border Gate Police, and Fleet Captain have the right to:

c) Confiscate evidence and means of administrative violations with a value not exceeding 5,000,000 VND;”

c) Modification and addition of name Clause 4 et Point d Clause 4 as follows:

4. Head of District Police; Head of the professional department of the Police Department for administrative management of social order; Head of the professional department of the Traffic Police Department; Head of the Department of Cyber Security and High-Tech Crime Prevention; Heads of Provincial Police Department include: Head of Police Department for administrative management of social order, Head of Police Department for investigating crimes related to social order, Head of Police Department for investigating corruption and economic crimes , smuggling, Head of Traffic Police Department, Head of Road and Railway Traffic Police Department, Head of Road Traffic Police Department, Head of Waterway Police Department, Head of Environmental Crime Prevention and Control Police Department School, Head of Cyber Security and High-Tech Crime Prevention and Control, Head of Economic Security, and Crew Chief have the right to:

d) Confiscate evidence and means of administrative violations with a value not exceeding 20,000,000 VND;”

d) Amendments and supplements Point d Clause 5 as follows:

“d) Confiscation of evidence and means of administrative violations;”

d) Modification and addition of name Clause 6 as follows:

6. Director of the Economic Security Department, Director of the Police Department for Administrative Management of Social Order, Director of the Police Department for Investigation of Social Order Crimes, Director of the Police Department for Investigation of Social Order Crimes corruption, economics, smuggling, the Director of the Traffic Police Department, the Director of the Police Department for Prevention and Combat of Environmental Crimes, the Director of the Department of Cyber Security and the Prevention and Combat of Crime Using High Technology have the right to :”

8. Amending and supplementing a number of clauses Article 35 is as follows:

a) Modification and addition of name Clause 2 as follows:

2. Team leader and group leader of the Customs Branch; Team leader of the Control Team of the Customs Department of provinces, inter-provinces and centrally run cities; The team leader of the Post-Customs Clearance Inspection Department has the right to:”

b) Modification and addition of name Clause 3 and Point c Clause 3 as follows:

3. Director of the Customs Branch; Head of the Post-Customs Clearance Inspection Branch, Head of the Control Team of the Customs Department of provinces, inter-provinces and centrally run cities; Captain of the Criminal Investigation Team, Captain of the Anti-Smuggling Control Team, Captain of the Maritime Control Squadron and Captain of the Anti-Smuggling Control Team of Counterfeit Goods and Protection of Intellectual Property Rights under the Anti-Smuggling and Investigation Department. smuggle; The Director of the Post-Customs Clearance Inspection Branch under the Post-Customs Clearance Inspection Department has the right to:

c) Confiscate evidence and means of administrative violations with a value not exceeding 50,000,000 VND;”

c) Amendments and supplements Point d Clause 4 as follows:

“d) Confiscation of evidence and means of administrative violations;”

9. Amending and supplementing a number of clauses Article 36 is as follows:

a) Amendments and supplements clause 2 and clause 3 as follows:

2. Head of the Market Management Team, Head of the Operations Department under the Department of Market Management Operations has the right to:

c) Confiscate evidence and means of administrative violations with a value not exceeding 50,000,000 VND;”

b) Amendments and supplements Point c Clause 3 as follows:

“c) Confiscation of evidence and means of administrative violations;”

10. Amendments and supplements Clause 3 and Clause 4 Article 37 are as follows:

a) Modification and addition of name Clause 3 and Point c, Point d Clause 3 as follows:

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:

c) Confiscate evidence and means of administrative violations with a value not exceeding 20,000,000 VND;

d) Apply remedial measures specified in the provisions Points a, c, d, dd and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.”

b) Modification and addition of name Clause 4 et Point dd Clause 4 as follows:

4. Commander of the Provincial Border Guard and Commander of the Border Guard Squadron of the Border Guard Command have the right to:

d) Apply remedial measures specified in the provisions Points a, c, d, dd, i and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.”

11. Amending and supplementing a number of clauses Article 38 is as follows:

a) Amendments and supplements Point c Clause 4 as follows:

“c) Confiscate evidence and means of administrative violations with a value not exceeding 20,000,000 VND;”

b) Amendments and supplements Point c Clause 5 as follows:

“c) Confiscate evidence and means of administrative violations with a value not exceeding 30,000,000 VND;”

c) Amendments and supplements Clause 6 as follows:

6. Commander of the Coast Guard Region, Director of the Department of Professional Affairs and Law under the Vietnam Coast Guard Command has the right to:

a) Caution;

b) Fine up to 25,000,000 VND;

c) Deprivation of the right to use licenses and practice certificates for a limited period of time;

d) Confiscate evidence and means of administrative violations;

d) Apply remedial measures specified in the provisions Points a, c, d, dd and k, Clause 1, Article 28 of the Law on Handling of Administrative Violations.”

d) Modification and addition of name Clause 7 as follows:

7. The Commander of the Vietnam Coast Guard has the right to:”

12. Replace the phrase "the agency conducting the proceedings has decided not to prosecute the criminal case, decided to cancel the decision to prosecute the criminal case, decided to suspend the investigation or decided to suspend the case ” with the phrase “an agency competent to conduct criminal proceedings has a decision not to prosecute a criminal case, a decision to annul a decision to prosecute a criminal case, a decision to suspend an investigation, a decision to suspend only the case or decide to suspend the case for the accused, exempting criminal liability according to the judgment" in Clause 5a, Article 19; Point e, Clause 5, Article 20; Point a, Point b Clause 7 Article 24; Point a, Point b Clause 8 Article 25.

Article 3. Amending and supplementing a number of articles of Decree No 90/2017/ND-CP July 31, 2017 regulations on sanctioning administrative violations in the field of veterinary medicine (amended and supplemented in Decree No. 04/2020/ND-CP January 3, 2020 of the Government):

1. Add point m Clause 3 Article 3 as follows:

“m) Forced to return the Certificate of animal disease-free facility; Certificate of vaccination for animals; Certificate of quarantine of animals and animal products; Veterinary hygiene certificate; License to test veterinary drugs; GMP Certificate; Certificate of eligibility to trade veterinary drugs; Certificate of eligibility to import veterinary drugs; Veterinary practice certificates (hereinafter referred to as licenses) have been erased or altered to falsify the content."

2. Add Article 3a later Article 3 as follows:

“Article 3a. Implement remedial measures to force the return of Licenses that have been erased or altered to falsify the content

Organizations and individuals committing administrative violations shall submit licenses with erased, corrected or falsified content to the person competent to sanction administrative violations. In case the person competent to issue the decision to sanction administrative violations is not also the agency or person with licensing authority, within 05 working days from the date of issuance of the decision to sanction administrative violations , the person competent to issue decisions on sanctioning administrative violations shall send a Notice of application of remedial measures to force the return of erased, corrected or falsified licenses to the agency and person in charge. authority to issue licenses (except in cases where licenses are issued by foreign agencies).”

3. Amendments and supplements Clause 2 of Article 4 as follows:

"2. The fines specified in Chapter II of this Decree are the fines applied to administrative violations committed by individuals, except for the cases specified in Article 22, Clause 3, Article 24, Clause 5. Article 27, Clause 1, Article 28, Article 29, Article 30, Article 31, Article 32 and Article 33 of this Decree. For organizations that commit the same violation, the fine is 02 (two) times the fine for individuals.

4. Amending and supplementing a number of clauses Article 5 is as follows:

a) Amendments and supplements Clause 9 as follows:

9. Additional penalties:

Confiscate the Certificate of animal disease-free facility for trading acts specified in Clause 5 of this Article.”

b) Add point c Clause 10 as follows:

"ten. Remedial measures:

c) Forced to return the Certificate of animal disease-free facility that has been erased or modified as prescribed in Clause 5 of this Article;”

5. Amending and supplementing a number of clauses Article 7 is as follows:

a) Amendments and supplements Clause 8 as follows:

8. Additional penalties:

Confiscation of Vaccination Certificate for trading acts specified in Clause 5 of this Article.”

b) Add point c Clause 9 as follows:

“9. Remedial measures:

c) Forced return of erased or altered vaccination certificates as prescribed in Clause 5 of this Article;”

6. Amending and supplementing a number of clauses Article 11 is as follows:

a) Add point d Clause 2 as follows:

d) Bringing animals and animal products to a location other than the destination address stated in the Quarantine Certificate.”

b) Amendments and supplements Clause 6 as follows:

6. Remedial measures:

a) Forced re-quarantine of animals and animal products for violations specified in Points a, b, c, d, Clause 2 and Clause 4 of this Article;

b) Forced destruction of animals and animal products in case of quarantine and discovery of diseased animals or animal products carrying infectious diseases on the List of animal diseases requiring epidemic declaration for violations specified in Points a, b, c, d, Clause 2 and Clause 4 of this Article.”

7. Amending and supplementing a number of clauses Article 14 is as follows:

a) Amendments and supplements Clause 4 as follows:

4. Additional sanctions:

Confiscate the Certificate of quarantine of animals and animal products for trading acts specified in Clause 2 of this Article.”

b) Amendments and supplements Clause 5 as follows:

“5. Remedial measures:

a) Forced return of the Certificate of quarantine of animals and animal products that has been erased or modified as prescribed in Clause 2 of this Article;

b) Forced quarantine of animals and animal products for violations specified in Clause 3 of this Article.”

8. Amending and supplementing a number of clauses Article 15 is as follows:

a) Amendments and supplements Point a Clause 1 as follows:

a) Importing animals and animal products in excess of the quantity and volume stated in the Animal Quarantine Certificate of the exporting country;”

b) Amendments and supplements Point b, Point c Clause 10 as follows:

b) Fine from 40,000,000 VND to 45,000,000 VND for violations that cause damage to property valued at less than 100,000,000 VND;

c) Fine from 45,000,000 VND to 50,000,000 VND for violations causing property damage valued at 100,000,000 VND or more in cases where competent authorities conduct criminal proceedings there is a decision not to prosecute a criminal case, a decision to annul the decision to prosecute a criminal case, a decision to suspend the investigation, a decision to suspend the case or a decision to suspend the case against the accused, criminal liability according to judgment.”

9. Amending and supplementing a number of clauses Article 17 is as follows:

a) Amendments and supplements Clause 4 as follows:

4. Additional sanctions:

Confiscate the Certificate of quarantine of animals and animal products for trading acts specified in Clauses 1 and 2 of this Article.”

b) Add point c Clause 5 as follows:

“5. Remedial measures:

c) Forced return of the Certificate of quarantine of animals and animal products that has been erased or modified as prescribed in Clause 1 of this Article;”

10. Amending and supplementing a number of clauses Article 18 is as follows:

a) Amendments and supplements Clause 4 as follows:

4. Additional sanctions:

Confiscate the Certificate of quarantine of animals and animal products for trading acts specified in Clause 1 of this Article.”

b) Amendments and supplements Clause 5 as follows:

“5. Remedial measures:

a) Forced return of the Certificate of quarantine of animals and animal products that has been erased or modified as prescribed in Clause 1 of this Article;

b) Forced re-export or destruction of animals and animal products for violations specified in Clauses 2 and 3 of this Article.”

11. Amending and supplementing a number of clauses Article 19 is as follows:

a) Amendments and supplements Clause 3 as follows:

3. Additional penalties:

Confiscate all types of quarantine certificates for animals and animal products for trading acts specified in Clause 1 of this Article.”

b) Amendments and supplements Clause 4 as follows:

“4. Remedial measures:

a) Forced return of quarantine certificates for animals and animal products that have been erased or modified as prescribed in Clause 1 of this Article;

b) Forced removal from the territory of the Socialist Republic of Vietnam or forced re-export of animals and animal products in case of failure to re-export and forced destruction of animals and animal products for violations violating the provisions of Clause 2 of this Article.”

12. Amendments and supplements Clause 1 Article 21 as follows:

1. Fine from 500,000 VND to 1,000,000 VND for acts of people directly participating in animal slaughter, preliminary processing, and processing of animal products that do not meet health standards according to regulations of the Ministry of Health and veterinary hygiene during implementation.”

13. Amendments and supplements Clause 1 Article 22 as follows:

1. Fine from 1,000,000 VND to 2,000,000 VND for acts of people directly participating in slaughtering, pre-processing, and processing not meeting health standards according to regulations of the Ministry of Health and Animal Hygiene y during implementation.”

14. Amending and supplementing a number of clauses Article 24 is as follows:

a) Amendments and supplements Term 1 as follows:

1. Fine from 1,000,000 VND to 2,000,000 VND for small animal markets without a place to collect and treat wastewater and waste.”

b) Modification and addition of name Clause 2 as follows:

2. A fine from 2,000,000 VND to 3,000,000 VND shall be imposed on animal collection facilities that commit one of the following acts: ”

15. Amending and supplementing a number of clauses Article 27 is as follows:

a) Amendments and supplements Term 1 as follows:

1. Fine from 3,000,000 VND to 4,000,000 VND for small animal trading markets, animal collection facilities without a Veterinary Hygiene Certificate or using an Animal Hygiene Certificate y expires.”

b) Amendments and supplements Clause 4 as follows:

4. Fine from 6,000,000 VND to 7,000,000 VND for cold storage of animals, fresh animal products, pre-processing and processing; Facilities testing, diagnosing, and performing animal surgery do not have a Veterinary Hygiene Certificate or use an expired Veterinary Hygiene Certificate.”

c) Amendments and supplements Clause 5 as follows:

5. Fine from 8,000,000 VND to 10,000,000 VND for acts of specialized animal trading markets; centralized animal slaughter facilities; facilities that prepare and process animals and animal products for business do not have a Veterinary Hygiene Certificate or use an expired Veterinary Hygiene Certificate.”

d) Amendments and supplements Clause 6 as follows:

6. Additional sanctions:

Confiscate the Veterinary Hygiene Certificate for trading acts specified in Clause 2 of this Article.”

d) Add Clause 7 as follows:

7. Remedial measures:

Forced to return the Veterinary Hygiene Certificate that has been erased or corrected as prescribed in Clause 2 of this Article.”

16. Amending and supplementing a number of clauses Article 28 is as follows:

a) Amendments and supplements Clause 4 as follows:

4. Additional sanctions:

Confiscate the Veterinary Drug Testing License for trading acts specified in Clause 2 of this Article.”

b) Add Clause 5 as follows:

5. Remedial measures:

Forced to return the License to test veterinary drugs that has been erased or corrected as prescribed in Clause 2 of this Article.”

17. Amendments and supplements Clause 1 Article 31 as follows:

1. Fine from 5,000,000 VND to 6,000,000 VND for one of the following acts:

a) There are no production batch records;

b) Failure to store or incomplete storage of veterinary drug production records and veterinary drug raw materials containing narcotics and precursors as prescribed;

c) Destroy records of veterinary drug production and veterinary drug raw materials that contain illegal drugs and precursors according to regulations;

d) Failure to report or incomplete reporting of the results of production of veterinary drugs containing narcotics and precursors to state agencies according to regulations.”

18. Amending and supplementing a number of clauses Article 32 is as follows:

a) Repeal Clause 6.

b) Add Clause 7 as follows:

5. Remedial measures:

Forced return of GMP Certificate for violations specified in Clause 1 of this Article.”

19. Amending and supplementing a number of clauses Article 33 is as follows:

a) Add point c Term 1 as follows:

c) Failure to store veterinary drugs, veterinary drug ingredients containing narcotics or precursors separately according to regulations.”

b) Abolition point b clause 3.

20. Amending and supplementing a number of clauses Article 34 is as follows:

a) Add point c Term 1 as follows:

c) Do not store invoices related to the purchase and sale of veterinary drugs containing narcotics and precursors; Veterinary prescriptions containing drugs and precursors at the facility after being sold according to regulations.”

b) Amendments and supplements Clause 2 as follows:

2. Fine from 4,000,000 VND to 5,000,000 VND for one of the following acts:

a) Selling veterinary drugs without notifying competent state agencies when changing locations;

b) Failure to store veterinary drugs containing narcotics or precursors separately according to regulations;

c) Failure to report or incomplete reporting of the quantity of veterinary drugs containing narcotics and precursors imported or sold, the quantity of drugs that must be recalled, the address of the purchasing facility, and the purpose of use to state agencies according to the law."

21. Amendments and supplements Article 35 is as follows:

a) Modification and addition of name Term 1 as follows:

1. Fine from 2,000,000 VND to 4,000,000 VND for one of the following acts:”

b) Abolition Clause 6.

c) Amendments and supplements Clause 7 as follows:

“7. Remedial measures:

a) Forced to return the Certificate of eligibility to trade in veterinary drugs for violations specified in Point d, Clause 2 of this Article.

b) Force recall and destruction of veterinary drugs for violations specified in Clause 4 of this Article.”

22. Amending and supplementing a number of clauses Article 36 is as follows:

a) Repeal Point b Clause 2;

b) Add point c Clause 4 as follows:

c) Selling each type of veterinary drug containing narcotics and precursors to a veterinary drug trading facility that does not have a Certificate of eligibility to trade veterinary drugs as prescribed; The facility is not allowed to practice medical examination, disease diagnosis, animal surgery, or animal disease testing; The user does not have a prescribed veterinary prescription.”

c) Amendments and supplements Point c Clause 7 as follows:

c) Forced destruction of veterinary drug materials, medical drug materials, medical drugs, veterinary drugs containing narcotics and precursors for violations specified in Clause 4 of this Article.”

23. Addition of some clauses Article 37 is as follows:

a) Additional point d Clause 2 as follows:

d) Importing each type of veterinary medicine containing narcotics and precursors without a license from a competent authority."

b) Amendments and supplements Clause 3 as follows:

3. Remedial measures:

Forced re-export or destruction of veterinary drugs, veterinary drugs containing narcotics, precursors, and veterinary drug raw materials for violations specified in Clause 2 of this Article.”

24. Amending and supplementing a number of clauses Article 38 is as follows:

a) Add points e and g Clause 2 as follows:

e) Do not store veterinary drugs or veterinary drug ingredients containing narcotics or precursors in separate warehouses or cabinets according to regulations; for use with other drugs, medicinal ingredients, animal feed, aquatic feed, raw materials for producing animal feed, aquatic feed and other products;

g) Failure to report or incomplete reporting of the results of importing veterinary drugs containing narcotics and precursors to state agencies according to regulations.”

b) Abolition Clause 4.

c) Add Clause 5 as follows:

5. Remedial measures:

a) Forced return of the Certificate of eligibility to import veterinary drugs for violations specified in Point c, Clause 1 of this Article.”

25. Amending and supplementing a number of clauses Article 39 is as follows:

a) Amendments and supplements Term 1 as follows:

1. A fine from 10,000,000 VND to 15,000,000 VND shall be imposed for importing each type of drug or veterinary drug ingredient that does not meet the quality standards announced by the manufacturer.”

b) Add Clause 2a later Clause 2 as follows:

2 a. Fine from 25,000,000 VND to 30,000,000 VND for selling each type of imported veterinary medicine containing narcotics or precursors to a veterinary medicine trading facility without a Certificate of eligibility for trading. veterinary medicine according to regulations, the facility is not allowed to practice medical examination, disease diagnosis, animal surgery, or animal disease testing."

c) Amendments and supplements Clause 3 as follows:

“3. Additional penalties:

a) Suspend the import of veterinary drugs from 06 months to 09 months for violations specified in Clause 2 of this Article.

b) Suspend the import of veterinary drugs containing narcotics and precursors from 09 months to 12 months for violations specified in Clause 2a of this Article.”

d) Amendments and supplements Clause 4 as follows:

“4. Remedial measures:

a) Forced re-export or destruction of veterinary drugs and veterinary drug ingredients for violations specified in Clause 1 of this Article.

b) Forced destruction of veterinary drugs containing narcotics and precursors specified in Clause 2a of this Article.

c) Forced return of illegal profits obtained for violations specified in Clause 2a of this Article.”

26. Amending and supplementing a number of clauses Article 41 is as follows:

a) Amendments and supplements Clause 5 as follows:

5. Additional sanctions:

Confiscate all types of records, papers, and veterinary practice certificates for violations specified in Clauses 2 and 4 of this Article.”

b) Add Clause 6 as follows:

6. Remedial measures:

Forced to return the Practicing Certificate for violations specified in Clause 1 of this Article.”

27. Amending and supplementing a number of clauses Article 43 is as follows:

a) Amendments and supplements Point c Clause 1 as follows:

“c) Confiscate evidence and means of administrative violations with a value not exceeding 10,000,000 VND;”

b) Amendments and supplements Point d Clause 2 as follows:

“d) Confiscation of evidence and means of administrative violations;”

28. Amending and supplementing a number of clauses Article 44 is as follows:

a) Amendments and supplements Point c Clause 1 as follows:

“c) Confiscate evidence and means of administrative violations with a value not exceeding 1,000,000 VND;”

b) Modification and addition of name Clause 2 and Point d Clause 2 as follows:

2. Chief Inspector of the Department of Agriculture and Rural Development, Head of the Department has specialized management functions in veterinary medicine, fisheries, and quality management of agricultural, forestry and fisheries products; Director of the Regional Animal Health Branch, Director of the Regional Animal Quarantine Branch under the Department of Animal Health; Director of the Central Department of Agricultural, Forestry and Fishery Quality Management, Director of the Southern Agricultural, Forestry and Fishery Quality Management Department under the Department of Agricultural, Forestry and Fisheries Quality Management; Head of specialized inspection team of Department of Animal Health, Directorate of Fisheries, Department of Quality Management of Agricultural, Forestry and Fishery Products; 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 veterinary medicine, aquaculture, and quality management of agricultural, forestry and aquaculture products has the right to:

d) Confiscate evidence and means of administrative violations with a value not exceeding 50,000,000 VND;”

c) Amendments and supplements Point d Clause 3 as follows:

“d) Confiscate evidence and means of administrative violations with a value not exceeding 70,000,000 VND; ”

29. Amending and supplementing a number of clauses Article 45 is as follows:

a) Modification and addition of name Clause 2 as follows:

2. The head of a company-level mobile police unit, station chief, and captain of the person specified in Clause 1 of this Article has the right to:”

b) Modification and addition of name Clause 3 and Point c Clause 3 as follows:

3. Head of Commune Police, Head of Police Station, Head of Border Gate Police Station, Export Processing Zone, Head of International Airport Border Gate Police, Battalion Commander of Mobile Police Battalion, Captain of the Navy has the right to :

c) Confiscate evidence and means of administrative violations with a value not exceeding 5,000,000 VND;”

c) Modification and addition of name Clause 4 et Point d Clause 4 as follows:

4. Head of District Police, Head of Professional Department of Traffic Police Department; Head of the Police Department investigating crimes related to corruption, economics, and smuggling; Head of Traffic Police Department; Head of Road and Railway Traffic Police Department; Head of Road Traffic Police Department; Head of the Waterway Police Department; Head of the Police Department for preventing and combating environmental crimes; Head of Economic Security Department; The crew chief has the right to:

d) Confiscate evidence and means of administrative violations with a value not exceeding 20,000,000 VND;”

d) Amendments and supplements Point d Clause 5 as follows:

“d) Confiscation of evidence and means of administrative violations;”

d) Modification and addition of name Clause 6 as follows:

6. Director of the Economic Security Department, Director of the Police Department investigating corruption, economic and smuggling crimes, Director of the Traffic Police Department, Director of the Police Department for preventing and combating environmental crimes have the right to:"

30. Amending and supplementing a number of clauses Article 46 is as follows:

a) Add clause 2a later Clause 2 as follows:

2 a. The Head of the Drug and Crime Prevention Task Force under the Drug and Crime Prevention Task Force has the right to:

a) Caution;

b) Fine up to 5,000,000 VND;

c) Confiscate evidence and means of administrative violations with a value not exceeding 10,000,000 VND;

d) Apply remedial measures specified in the provisions Points a, c and dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations.”

b) Modification and addition of name Clause 3 and Point c Clause 3 as follows:

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:

c) Confiscate evidence and means of administrative violations with a value not exceeding 20,000,000 VND;”

c) Add clause 3a later Clause 3 as follows:

3a. The Head of the Drug and Crime Prevention Task Force under the Drug and Crime Prevention Department under the Border Guard Command has the right to:

a) Caution;

b) Fine up to 25,000,000 VND;

c) Confiscate evidence and means of administrative violations with a value not exceeding 50,000,000 VND;

d) Apply remedial measures specified in the provisions Points a, c and dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations and other remedial measures specified in Clause 3, Article 3 of this Decree.”

d) Modification and addition of name Clause 4 et Point dd Clause 4 as follows:

4. Commander of the Provincial Border Guard; The Commander of the Border Guard Squadron and the Director of the Drug and Crime Prevention Department under the Border Guard Command have the right to:

d) Apply remedial measures specified in the provisions Points a, c, d, dd and i, Clause 1, Article 28 of the Law on Handling of Administrative Violations and other remedial measures specified in Clause 3, Article 3 of this Decree.”

31. Amending and supplementing a number of clauses Article 47 is as follows:

a) Amendments and supplements Point c Clause 4 as follows:

“c) Confiscate evidence and means of administrative violations with a value not exceeding 20,000,000 VND;”

b) Modification and addition of name Clause 5 et Point c Clause 5 as follows:

5. Commander of the Coast Guard Squadron; The Head of the Reconnaissance Team and the Head of the Drug Crime Prevention Task Force under the Vietnam Coast Guard Command have the right to:

c) Confiscate evidence and means of administrative violations with a value not exceeding 30,000,000 VND;”

c) Amendments and supplements Clause 6 as follows:

6. Commander of the Coast Guard Region, Director of the Department of Professional Affairs and Law under the Vietnam Coast Guard Command has the right to:

a) Caution;

b) Fine up to 25,000,000 VND;

c) Deprivation of the right to use licenses and practice certificates for a limited period of time;

d) Confiscate evidence and means of administrative violations;

d) Apply remedial measures specified in the provisions Points a, c, d and dd, Clause 1, Article 28 of the Law on Handling of Administrative Violations and other remedial measures specified in Clause 3, Article 3 of this Decree.”

d) Modification and addition of name Clause 7 as follows:

7. The Commander of the Vietnam Coast Guard has the right to:".

32. Amending and supplementing a number of clauses Article 48 is as follows:

a) Modification and addition of name Clause 2 as follows:

2. Team leader and group leader of the Customs Branch; Team leader of the Control Team of the Customs Department of provinces, inter-provinces and centrally run cities; The team leader of the Post-Customs Clearance Inspection Department has the right to:”

b) Modification and addition of name Clause 3 and Point c Clause 3 as follows:

3. Director of the Customs Branch; Head of the Post-Customs Clearance Inspection Branch, Head of the Control Team of the Customs Department of provinces, inter-provinces and centrally run cities; Captain of the Criminal Investigation Team, Captain of the Anti-Smuggling Control Team, Captain of the Maritime Control Squadron and Captain of the Anti-Smuggling Control Team of Counterfeit Goods and Protection of Intellectual Property Rights under the Anti-Smuggling and Investigation Department. smuggle; The Director of the Post-Customs Clearance Inspection Branch under the Post-Customs Clearance Inspection Department has the right to:

c) Confiscate evidence and means of administrative violations with a value not exceeding 50,000,000 VND;”

c) Amendments and supplements Point d Clause 4 as follows:

“d) Confiscation of evidence and means of administrative violations;”

33. Amending and supplementing a number of clauses Article 49 is as follows:

a) Modification and addition of name Clause 2 and Point c Clause 2 as follows:

2. Head of the Market Management Team, Head of the Operations Department under the Department of Market Management Operations has the right to:

c) Confiscate evidence and means of administrative violations with a value not exceeding 50,000,000 VND;”

b) Amendments and supplements Point c Clause 3 as follows:

“c) Confiscation of evidence and means of administrative violations;”

34. Amendments and supplements Clause 4 Article 50 as follows:

“4. Customs authorities have the authority to sanction administrative violations, and have the right to apply additional sanctions and remedial measures for administrative violations in the field of veterinary medicine. provisions in Clause 2, Article 13, Article 14, Article 15, Article 16, Article 18, Article 19; Clause 2, Article 37; Clause 3, Article 38; Clause 1, Article 39 of this Decree according to assigned functions, tasks and powers.”

35. Replace the phrase "the agency conducting the proceedings has decided not to prosecute the criminal case, decided to cancel the decision to prosecute the criminal case, decided to suspend the investigation or decided to suspend the case" with the phrase "an agency competent to conduct criminal proceedings has a decision not to prosecute a criminal case, a decision to annul a decision to prosecute a criminal case, a decision to suspend an investigation, a decision to suspend case or decide to suspend the case against the accused, exempting criminal liability according to the judgment" at Point 5b, Article 6; Points 5b, 6b, 7b Article 8; Point b Clause 7, Point b Clause 8 Article 33; Point b Clause 3, Point b Clause 5 Article 36.

Article 4. Amending and supplementing a number of articles of Decree No 14/2021/ND-CP March 1, 2021 regulations on sanctions for administrative violations of livestock production:

1. Amending and supplementing a number of clauses Article 4 is as follows:

a) Modification point b clause 2 as follows:

“b) Confiscation of evidence of administrative violations.”

b) Add point s Clause 3 as follows:

“s) Forced to return the Certificate of training in artificial insemination and animal breed embryo transfer techniques; License to export and import livestock breeds; Certificate of eligibility for animal feed production; The certificate of eligibility for large-scale livestock farming has been erased or corrected, causing falsification of the content in the paper to the competent authority that issued it."

2. Amending and supplementing a number of clauses Article 13 is as follows:

a) Amendments and supplements Clause 3 as follows:

3. Additional sanctions

Suspension of the right to use the Certificate of training in artificial insemination and animal breed embryo transfer techniques from 03 months to 06 months for violations specified in Point a, Clause 1 of this Article.”

b) Add Clause 4 as follows:

4. Remedial measures:

Forced to submit training certificates on artificial insemination and animal breed embryo transfer techniques; Licenses to export or import livestock breeds that have been erased or modified to falsify the content in the paper are sent to the competent authority or person that issued them for violations specified in Clause 2 of this Article.

3. Amending and supplementing a number of clauses Article 14 is as follows:

a) Amendments and supplements Clause 8 as follows:

8. Additional sanctions

Suspension of animal feed production activities from 01 month to 03 months for violations specified in Clause 3 and Clause 5 of this Article.”

b) Amendments and supplements Clause 9 as follows:

9. Remedial measures

a) 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;

b) Forced to return the Certificate of eligibility for animal feed production that has been erased or altered to falsify the content in the paper to the competent authority that issued it for violations specified in Clause 4 of Article This."

4. Amendments and supplements Clause 2 Article 17 as follows:

2. Fines from 2,000,000 VND to 4,000,000 VND for places where animal feed is displayed or stored not separated or contaminated by pesticides, fertilizers, or other toxic chemicals .”

5. Additional point d Clause 8, Article 26 as follows:

d) Forced to return the Certificate of eligibility for large-scale livestock farming that has been erased or altered to falsify the content in the paper to the competent authority that issued it for violations specified in Clause 3. This."

6. Amending and supplementing a number of clauses Article 37 is as follows:

a) Amendments and supplements Points a and b Clause 1 as follows:

“a) Fine up to 5,000,000 VND;

b) Confiscate evidence of administrative violations with a value not exceeding 10,000,000 VND;”

b) Amendments and supplements Points a, point c and point d clause 2 as follows:

“a) Fine up to 50,000,000 VND;

c) Confiscate evidence of administrative violations;

d) Apply remedial measures specified in Points a, b, c, dd, g, h, i, k, l, m, n, o, p, q, r and s, Clause 3, Article 4 This Decree.”

c) Amendments and supplements Point a Clause 3 as follows:

“a) Fine up to 100,000,000 VND;”

7. Amending and supplementing a number of clauses Article 38 is as follows:

a) Amendments and supplements Points a and b Clause 1 as follows:

“a) Fine up to 500,000 VND;

b) Confiscate evidence of administrative violations with a value not exceeding 1,000,000 VND;”

b) Amendments and supplements Points a and b, Clause 2 as follows:

“a) Fine up to 500,000 VND;

b) Confiscate evidence of administrative violations with a value not exceeding 1,000,000 VND;”

c) Amendments and supplements Points a and b, Clause 3 as follows:

“a) Fine up to 500,000 VND;

b) Confiscate evidence of administrative violations with a value not exceeding 1,000,000 VND;”

d) Amendments and supplements Point a, Point c and Point d Clause 4 as follows:

“a) Fine up to 50,000,000 VND;

c) Confiscate evidence of administrative violations with a value not exceeding 100,000,000 VND;

d) Apply remedial measures specified in points a, b, c, d, dd, e, g, h, i, k, l, m, n, o, p, q, r and s Clause 3, Article 4 of this Decree.”

d) Modification and addition of name Clause 5 et Point a, Point b Clause 5 as follows:

5. Director of the Regional Plant Quarantine Branch under the Plant Protection Department; The Director of the Branch 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;

b) Confiscate evidence of administrative violations with a value not exceeding 100,000,000 VND;”

e) Modification and addition of name Clause 6 et Point a, Point b Clause 6 as follows:

6. The Director of the Sub-Department has the specialized management function of quality management of agricultural, forestry and fishery products; Director of the Central Department of Agricultural, Forestry and Fishery Quality Management, Director of the Southern Agricultural, Forestry and Fishery Quality Management Department under the Department of Agricultural, Forestry and Fisheries Quality Management; 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;

b) Confiscate evidence of administrative violations with a value not exceeding 100,000,000 VND;”

g) Modification and addition of name Clause 7 et Point a, Point c Clause 7 as follows:

7. Director of the Regional Animal Health Branch, Director of the Regional Animal Quarantine Branch under the Department of Animal Health; 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;

c) Confiscate evidence of administrative violations with a value not exceeding 100,000,000 VND;”

h) Amendments and supplements Point a, Point c Clause 8 as follows:

“a) Fine up to 70,000,000 VND;

c) Confiscate evidence of administrative violations with a value not exceeding 140,000,000 VND;”

i) Amendments and supplements Point a Clause 9 as follows:

“a) Fine up to 100,000,000 VND;”

k) Amendments and supplements Point a Clause 10 as follows:

“a) Fine up to 100,000,000 VND;”

l) Amendments and supplements Point a Clause 11 as follows:

“a) Fine up to 100,000,000 VND;”

m) Amendments and supplements Point a Clause 12 as follows:

“a) Fine up to 100,000,000 VND;”

8. Amending and supplementing a number of clauses Article 39 is as follows:

a) Amendments and supplements clause 1, clause 2 and clause 3 as follows:

1. People's police officers on duty have the right to impose a fine of up to 500,000 VND.

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.

3. Head of Commune Police, Head of Police Station, Head of Border Gate Police Station, Export Processing Zone, Head of International Airport Border Gate Police, and Fleet Captain have the right to:

a) Fine up to 2,500,000 VND;

b) Confiscate evidence of administrative violations with a value not exceeding 5,000,000 VND;”

b) Modification and addition of name Clause 4 et Point a, Point c, Point d Clause 4 as follows:

4. Head of District Police, Head of Professional Department of Traffic Police Department; The Head of the Provincial Police Department includes the Head of the Police Department for preventing and combating environmental crimes, the Head of the Economic Security Department, the Head of the Police Department investigating corruption, economic and smuggling crimes, and the Crew Chief with authority. :

a) Fine up to 20,000,000 VND;

c) Confiscate evidence of administrative violations with a value not exceeding 40,000,000 VND;”

d) Apply remedial measures specified in Points a, c, d, g, h, i, n, p, q, r and s, Clause 3, Article 4 of this Decree.”

c) Amendments and supplements Points a, c and d of clause 5 as follows:

“a) Fine up to 50,000,000 VND;

c) Confiscate evidence of administrative violations;

d) Apply remedial measures specified in Points a, c, dd, g, h, i, m, n, p, q, r and s, Clause 3, Article 4 of this Decree.”

d) Amendments and supplements point a, point d and name Clause 6 as follows:

6. Director of the Police Department for preventing and combating environmental crimes; Director of Traffic Police Department; The Director of the Department of Economic Security and the Director of the Police Department for Investigation of Corruption, Economics and Smuggling have the right to:

a) Fine up to 100,000,000 VND;

d) Apply remedial measures specified in Points a, c, dd, g, h, i, m, n, p, q, r and s, Clause 3, Article 4 of this Decree.”

9. Amending and supplementing a number of clauses Article 40 is as follows:

a) Amendments and supplements clause 1, clause 2, clause 3 as follows:

1. Coast Guard officers on duty have the right to impose a fine of up to 1,500,000 VND.

2. The Head of the Coast Guard Professional Group has the right to impose a fine of up to 5,000,000 VND;

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 10,000,000 VND.”

b) Amendments and supplements Clause 4 as follows:

4. The Coast Guard Squadron Leader has the right to:

a) Fine up to 20,000,000 VND;

b) Confiscate evidence of administrative violations with a value not exceeding 40,000,000 VND;

c) Apply remedial measures specified in Points c, d, dd, g and s, Clause 3, Article 4 of this Decree.”

c) Amendments and supplements Clause 5 as follows:

5. The Commander of the Coast Guard Squadron has the right to:

a) Fine up to 30,000,000 VND;

b) Confiscate evidence of administrative violations with a value not exceeding 60,000,000 VND;

c) Apply remedial measures specified in Points c, d, dd, g and s, Clause 3, Article 4 of this Decree.”

d) Amendments and supplements Clause 6 as follows:

6. Commander of the Coast Guard Region, Director of the Department of Professional Affairs and Law under the Vietnam Coast Guard Command has the right to:

a) Fine up to 50,000,000 VND;

b) Confiscate evidence of administrative violations;

c) Apply remedial measures specified in Points c, d, dd, g and s, Clause 3, Article 4 of this Decree.”

d) Amendments and supplements Point a, Point d Clause 7 as follows:

“a) Fine up to 100,000,000 VND;

d) Apply remedial measures specified in Points c, d, dd, g and s, Clause 3, Article 4 of this Decree.”

10. Amending and supplementing a number of clauses Article 41 is as follows:

a) Amendments and supplements clause 1, clause 2, clause 3 as follows:

1. Border Guard soldiers on duty have the right to fine up to 500,000 VND.

2. Station Chiefs and Captains of Border Guard Soldiers have the right to impose a fine of up to 2,500,000 VND.

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 20,000,000 VND;

b) Confiscate evidence of administrative violations with a value not exceeding 40,000,000 VND;

c) Apply remedial measures specified in Points c, d, dd, g and s, Clause 3, Article 4 of this Decree.”

b) Amendments and supplements Point a, Point d Clause 4 as follows:

“a) Fine up to 100,000,000 VND;

d) Apply remedial measures specified in Points c, d, dd, g, m and s, Clause 3, Article 4 of this Decree.”

11. Amending and supplementing a number of clauses Article 42 is as follows:

a) Amendments and supplements clause 1, clause 2 as follows:

1. Customs officers on duty have the right to impose a fine of up to 500,000 VND.

2. Team leader and group leader of the Customs Branch; Team leader of the Control Team of the Customs Department of provinces, inter-provinces and centrally run cities; The team leader of the Post-Customs Clearance Inspection Department has the right to impose a fine of up to 5,000,000 VND.

b) Amendments and supplements Clause 3 as follows:

3. Director of the Customs Branch; Head of the Post-Customs Clearance Inspection Branch, Head of the Control Team of the Customs Department of provinces, inter-provinces and centrally run cities; Captain of the Criminal Investigation Team, Captain of the Anti-Smuggling Control Team, Captain of the Maritime Control Squadron and Captain of the Anti-Smuggling Control Team of Counterfeit Goods and Protection of Intellectual Property Rights under the Anti-Smuggling and Investigation Department. smuggle; The Director of the Post-Customs Clearance Inspection Branch under the Post-Customs Clearance Inspection Department has the right to:

a) Fine up to 25,000,000 VND;

b) Confiscate evidence of administrative violations with a value not exceeding 50,000,000 VND;

c) Apply remedial measures specified in Points b, c, d, dd, g, m and s, Clause 3, Article 4 of this Decree.”

c) Amendments and supplements Point a, Point c and Point d Clause 4 as follows:

“a) Fine up to 50,000,000 VND;

c) Confiscate evidence of administrative violations;

d) Apply remedial measures specified in Points b, c, d, dd, g, m and s, Clause 3, Article 4 of this Decree.”

d) Amendments and supplements Clause 5 as follows:

5. The Director General of the General Department of Customs has the right to:

a) Fine up to 100,000,000 VND;

b) Confiscate evidence of administrative violations;

c) Apply remedial measures specified in Points b, c, d, dd, g, m and s, Clause 3, Article 4 of this Decree.”

12. Amending and supplementing a number of clauses Article 43 is as follows:

a) Amendments and supplements Term 1 as follows:

1. Market controllers on duty have the right to impose a fine of up to 500,000 VND.”

b) Modification and addition of name Clause 2 and Point a, Point b Clause 2 as follows:

2. Head of the Market Management Team, Head of the Operations Department under the Department of Market Management Operations has the right to:

a) Fine up to 25,000,000 VND;

b) Confiscate evidence of administrative violations with a value not exceeding 50,000,000 VND;”

c) Amendments and supplements Point a, Point c Clause 3 as follows:

“a) Fine up to 50,000,000 VND;

c) Confiscate evidence of administrative violations;”

d) Amendments and supplements Point a Clause 4 as follows:

“a) Fine up to 100,000,000 VND;”

13. Amending and supplementing a number of clauses Article 44 is as follows:

a) Amendments and supplements Point b Clause 1 as follows:

“b) The Chairman of the District People's Committee shall sanction administrative violations specified in Article 6; The 7th rule; 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;".

b) Amendments and supplements Points a, b, c, d, dd of clause 2 as follows:

"2. Authority to sanction administrative violations of the Inspectorate:

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 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; 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 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; 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; Director of the Regional Plant Quarantine Branch under 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; Director of the Central Department of Agricultural, Forestry and Fishery Quality Management, Director of the Southern Agricultural, Forestry and Fishery Quality Management Department under the Department of Agricultural, Forestry and Fisheries Quality Management; 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; Head of the specialized inspection team of the Department of Animal Health; Director of the Regional Veterinary Department; The Director of the Regional Animal Quarantine Branch under 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.”

c) Amendments and supplements Clause 3 as follows:

“3. Competence to sanction administrative violations of the People's Police:

a) Head of Commune-level Police, Head of Police Station, Head of Border Gate Police Station, Export Processing Zone, Head of International Airport Border Gate Police, and Captain of the Fleet to sanction administrative violations of regulations specified in Clause 1, Article 29 of this Decree;

b) Head of District Police, Head of Professional Department of Traffic Police Department; The Head of the Provincial Police Department includes the Head of the Police Department for preventing and combating environmental crimes, the Head of the Economic Security Department, the Head of the Police Department investigating corruption, economic and smuggling crimes, and the Chief of the Sanctioning Team. for administrative violations specified in Clause 1, Article 6; Clause 1, Article 7; 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; Article 24; Point b Clause 1, 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 Clause 3, Article 32 of this Decree;

c) The Director of the Provincial Police shall impose penalties for administrative violations specified in Article 6; The 7th rule; 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; Clause 2 and Clause 3 Article 32; Clause 5, Article 33; Point b, Clause 1 and Clause 2, Article 35 of this Decree;

d) Director of the Police Department for preventing and combating environmental crimes; Director of Traffic Police Department; Director of the Department of Economic Security, Director of the Police Department to investigate corruption, economics, and smuggling to sanction 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; Clause 2 and Clause 3, Article 32; Clause 5, Article 33; Point b, Clause 1 and Clause 2, Article 35 of this Decree.”.

d) Amendments and supplements Points a, b, c of clause 4 as follows:

“a) The Coast Guard Squadron Leader 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 Article 22; Point b Clause 2 and Point b Clause 3 Article 32 of this Decree;

b) The Coast Guard Squadron Leader imposes penalties for administrative violations specified in Article 8; Point b, Clause 2, Article 13; Point b, Clause 4, Article 17; Points a, b, c, d, dd, e, g, h, i, k and l Clause 1, 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) Commander of the Coast Guard Region, Director of the Department of Professional Affairs and Law under the Vietnam Coast Guard Command shall sanction administrative violations specified in Clause 2, 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;”

d) Amend and supplement point a clause 5 as follows:

“a) The Chief of the Border Guard Station, the Chief of the Border Guard Squadron, and the Commander of the Port Border Guard Command shall impose penalties for administrative violations specified in Article 8; Point b, Clause 2, Article 13; Point b, Clause 4, Article 17; Points a, b, c, d, dd, e, g, h, i and k Clause 1, Clause 2 Article 20; Point c Clause 3 Article 22; Point b Clause 2 and Point b Clause 3 Article 32 of this Decree;".

e) Amendments and supplements Points a and c Clause 6 as follows:

“a) Director of the Customs Branch; Head of the Post-Customs Clearance Inspection Branch, Head of the Control Team of the Customs Department of provinces, inter-provinces and centrally run cities; Captain of the Criminal Investigation Team, Captain of the Anti-Smuggling Control Team, Captain of the Maritime Control Squadron and Captain of the Anti-Smuggling Control Team of Counterfeit Goods and Protection of Intellectual Property Rights under the Anti-Smuggling and Investigation Department. smuggle; The Director of the Post-Customs Clearance Inspection Branch under the Post-Customs Clearance Inspection Department 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;

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; Article 19; Clause 1 and Clause 2, Article 20; Article 22; Point b Clause 1 and Point b Clause 3 Article 32; Point b, Clause 1 and Clause 2, Article 35 of this Decree.”.

g) Amendments and supplements Point a Clause 7 as follows:

“a) Head of the Market Management Team, Head of the Operations Department under the Market Management Operations Department shall impose 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;”

14. Add Article 45a later Article 45 as follows:

“Article 45a. Implement remedial measures to force the return of training certificates in artificial insemination and animal breed embryo transfer techniques; License to export and import livestock breeds; Certificate of eligibility for animal feed production; The certificate of eligibility for large-scale livestock farming (hereinafter referred to as the license) has been erased or altered to falsify the content.

Organizations and individuals committing administrative violations shall submit licenses with erased, corrected or falsified content to the person competent to sanction administrative violations. In case the person competent to issue the decision to sanction administrative violations is not also the agency or person with licensing authority, within 05 working days from the date of issuance of the decision to sanction administrative violations , the person competent to issue decisions on sanctioning administrative violations shall send a Notice of application of remedial measures to force the return of erased, corrected or falsified licenses to the agency and person in charge. authority to issue licenses (except in cases where licenses are issued by foreign agencies).”

15. Replace the phrase: "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." case" with the phrase "the agency competent to conduct criminal proceedings has decided not to prosecute a criminal case, decided to cancel the decision to prosecute a criminal case, decided to suspend the investigation, decided to suspend the case or decide to suspend the case against the accused, exempt from criminal liability according to the judgment" at Clause 5, Article 22; Clause 2, Article 23 and Point b, Clause 4, Article 28.

16. Repeal Clause 7 Article 26.

Article 5. Implementation effect

This Decree takes effect from January 10, 2022.

Article 6. Transitional regulations

For administrative violations that occurred before the effective date of this Decree but were discovered later or are being considered and resolved to sanction administrative violations, the provisions on sanctions as prescribed shall apply. in this Decree if this Decree does not stipulate legal liability or stipulates lighter legal liability for violating individuals and organizations.

Article 7. Responsibility for implementation

Ministers, Heads of ministerial-level agencies, Heads of Government agencies, and Chairmen of People's Committees of provinces and centrally run cities are responsible for guiding and implementing this Decree.

 

 

Recipients:
– Party Central Committee Secretariat;
– Prime Minister, Deputy Prime Ministers;
– Ministries, ministerial-level agencies, and agencies under the Government;
– People's Councils and People's Committees of provinces and centrally run cities;
– Central Office and Party Committees;
– Office of the General Secretary;
- Office of the President;
– Nationalities Council and Committees of the National Assembly;
- Congress office;
- Supreme People's Court;
- People's Procuratorate of the Supreme;
– State audit;
– National Financial Supervisory Commission;
– Social Policy Bank;
- Vietnam Development Bank;
– Central Committee of Vietnam Fatherland Front;
– Central agency of unions;
– Office of Government: BTCN, PCNs, Assistant to the President, General Director of the Electronic Information Portal, Departments, Bureaus, affiliated units, Official Gazette;
– Saved: VT, NN (2b).

TM. GOVERNMENT
KT. PRIME MINISTER
VICE PRIME MINISTER

 

Source: GOVERNMENT ELECTRONIC INFORMATION PORTAL

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