Nghị định 04/2020/ND-CP

Decree No. 04/2020/ND-CP dated January 03, 2020 amendments to Government’s Decree No. 31/2016/ND-CP on penalties for administrative violations against regulations on plant varieties, plant protection and quarantine, and Government’s Decree No. 90/2017/ND-CP on penalties for administrative violations against regulations on veterinary medicine

Nội dung toàn văn Decree 04/2020/ND-CP amendments Decree 31/2016/ND-CP and Decree 90/2017/ND-CP


THE GOVERNMENT
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: 04/2020/ND-CP

Hanoi, January 03, 2020

 

DECREE

AMENDMENTS TO GOVERNMENT’S DECREE NO. 31/2016/ND-CP DATED MAY 06, 2016 ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON PLANT VARIETIES, PLANT PROTECTION AND QUARANTINE, AND GOVERNMENT’S DECREE NO. 90/2017/ND-CP DATED JULY 31, 2017 ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON VETERINARY MEDICINE

Pursuant to the Law on Organization of Government dated June 19, 2015;

Pursuant to the Law on Penalties for Administrative Violations dated June 20, 2012;

Pursuant to the Law on Plant Protection and Quarantine dated November 25, 2013;

Pursuant to the Law on Veterinary Medicine dated June 19, 2015;

Pursuant to the Law on Fisheries dated November 21, 2017;

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

The Government promulgates a Decree providing amendments to Government’s Decree No. 31/2016/ND-CP dated May 06, 2016 on penalties for administrative violations against regulations on plant varieties, plant protection and quarantine, and Government’s Decree No. 90/2017/ND-CP dated July 31, 2017 on penalties for administrative violations against regulations on veterinary medicine.

Article 1. Amendments to Government’s Decree No. 31/2016/ND-CP dated May 06, 2016 on penalties for administrative violations against regulations on plant varieties, plant protection and quarantine

1. Article 2 is amended as follows:

“Article 2. Entities incurring administrative penalties

1. Organizations and individuals that commit administrative violations against regulations on plant varieties, plant protection and quarantine in the territory of Vietnam.

2. The organizations mentioned in Clause 1 of this Article include:

a) Regulatory authorities committing violations which are not related to their assigned state management tasks;

b) Business entities duly established under the Law on Enterprises, including: sole proprietorships, joint-stock companies, limited liability companies, partnerships and their affiliates (including branches and representative offices);

c) Business entities that are duly established under the Law on Co-operatives, including co-operatives and co-operative unions;

d) Organizations established under the Law on Investment, including domestic investors, foreign investors and foreign-invested business entities; representative offices and branches of foreign traders in Vietnam; representative offices of foreign trade promotion organizations in Vietnam;

dd) Social organizations, socio-political organizations, socio-political and professional organizations, and socio-professional organizations;

e) Public service providers and other organizations as prescribed by law.

3. Household or individual businesses committing violations against regulations herein shall incur the same penalties as violating individuals."

2. Some clauses, points of Article 19 are amended as follows:

a) Point d is added to Clause 4 Article 19 as follows:

“4. A fine ranging from VND 3,000,000 to VND 6,000,000 shall be imposed for any of the following violations:

d) Transport of plant quarantine subjects infected with plant pests from an area infested with the pest to other areas resulting in the spread of plant pests if causing less than VND 100,000,000 in property damage.”

b) Clause 5a is added to Article 19 as follows:

“5a. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for transport of plant quarantine subjects infected with plant pests from an area infested with the pest to other areas resulting in the spread of plant pests which causes at least VND 100,000,000 in property damage if there is a decision not to institute criminal proceedings, a decision on annulment of the decision on institution of criminal proceedings, a decision to terminate investigation or a decision to dismiss the lawsuit issued by the presiding agency.”

c) Point b, Point c Clause 6 Article 19 are amended as follows:

“6. Remedial measures

b) Enforced destruction of plant varieties, planting materials and plant pests if any of the violations prescribed in Clause 4, Clause 5 and Clause 5a of this Article is committed;

c) Enforced transfer of benefits illegally obtained from any of the violations prescribed in Point d Clause 4, Clause 5 and Clause 5a of this Article.”

3. Some clauses, points of Article 20 are amended as follows:

a) Point d, Point dd are added to Clause 4 Article 20 as follows:

“4. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following violations:

d) Carrying plant quarantine subjects into Vietnam without the Phytosanitary Certificate granted by a competent authority of the exporting country, except the case where such plant quarantine subjects are certified by a specialized plant protection and quarantine agency affiliated to the Ministry of Agriculture and Rural Development;

dd) Failure to comply with law regulations on plant quarantine when carrying plant quarantine subjects into Vietnam resulting in the spread of plant pests if causing less than VND 100,000,000 in property damage.”

b) Point e is added to Clause 5 Article 20 as follows:

“5. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following violations:

e) Failure to comply with law regulations on plant quarantine when carrying plant quarantine subjects into Vietnam resulting in the spread of plant pests which causes at least VND 100,000,000 in property damage if there is a decision not to institute criminal proceedings, a decision on annulment of the decision on institution of criminal proceedings, a decision to terminate investigation or a decision to dismiss the lawsuit issued by the presiding agency.”

c) Point a, Point b and Point dd Clause 6 Article 20 are amended as follows:

“6. Remedial measures

a) Enforced re-exporting or destruction of plant quarantine subjects if any of the violations prescribed in Point b Clause 1 and Point d Clause 5 of this Article is committed;

b) Enforced transport of plant quarantine subjects out of the territory of Vietnam if committing the violation prescribed in Point d Clause 4 of this Article three times or more, or committing the violation prescribed in Point c Clause 2 or Point c Clause 5 of this Article, or the violation prescribed in Point a Clause 5 of this Article is repeated. Over the period of 30 days from the date on which a competent regulatory authority granted decision on penalty imposition, if plant quarantine subjects are still in the territory of Vietnam, competent persons mentioned in Clause 4 Article 33 of this Decree shall make decision on destruction of such plant quarantine subjects, except for cases with legitimate reasons;

dd) Enforced treatment of plant quarantine subjects infected with quarantine plant pests by adopting one of the measures specified in Clause 2, Clause 3 Article 34 of the 2013 Law on Plant Protection and Quarantine if any of the violations prescribed in Point dd Clause 4 and Point dd, Point e Clause 5 of this Article is committed."

4. Some clauses, points of Article 24 are amended as follows:

a) Clause 4, Clause 5, Clause 6, Clause 7 and Point c Clause 8 of Article 24 are amended as follows:

“4. A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for the production of pesticides which are not on the List of pesticides permitted in Vietnam if the batch is worth less than VND 200,000,000 or the sum of illegal benefits obtained is less than VND 100,000,000, except the cases where the import permit is granted according to Clause 2 Article 67 of the Law on Plant Protection and Quarantine.

5. A fine ranging from VND 25,000,000 to VND 35,000,000 shall be imposed for the production of pesticides which are on the List of pesticides banned in Vietnam if total amount of formulated pesticides is less than 30 kg (or 30 l).

6. A fine ranging from VND 40,000,000 to VND 45,000,000 shall be imposed for the production of pesticides which are on the List of pesticides banned in Vietnam if total amount of formulated pesticides is from 30 kg (or 30 l) to under 50 kg (or 50 l).

7. A fine ranging from VND 45,000,000 to VND 50,000,000 shall be imposed for committing one of the following violations:

a) Production of pesticides which are on the List of pesticides banned in Vietnam with total amount of formulated pesticides of 50 kg (or 50 l), or more, if there is a decision not to institute criminal proceedings, a decision on annulment of the decision on institution of criminal proceedings, a decision to terminate investigation or a decision to dismiss the lawsuit issued by the presiding agency;

a) Production of pesticides which are not on the List of pesticides permitted in Vietnam if the production batch is worth VND 200,000,000, or more, or the sum of illegal benefits obtained is VND 100,000,000, or more, except the cases where the import permit is granted according to Clause 2 Article 67 of the Law on Plant Protection and Quarantine, and there is a decision not to institute criminal proceedings, a decision on annulment of the decision on institution of criminal proceedings, a decision to terminate investigation or a decision to dismiss the lawsuit issued by the presiding agency.

8. Additional penalties:

c) The Certificate of eligibility to produce pesticides shall be suspended for 06 – 12 months if any of the violations prescribed in Clausen 5, Clause 6 and Clause 7 of this Article is committed."

b) Point d is added to Clause 9 Article 24 as follows:

“9. Remedial measures

d) Enforced transfer of benefits illegally obtained from any of the violations prescribed in Clause 4, Clause 5, Clause 6 and Clause 7 of this Article.”

5. Article 25 is amended as follows:

“Article 25. Violations against regulations on pesticides trading

1. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for committing one of the following violations against regulations on pesticides trading:

a) Trading pesticides together with other goods such as foods, foodstuffs, soft drink, cattle feed, aqua feed, medicines, veterinary drugs;

b) Trading expired or unqualified pesticides or those whose quality does not meet corresponding technical regulations if the value of traded pesticides is less than VND 5,000,000;

c) Trading pesticides with an expired Certificate of eligibility to trade pesticides;

d) Failing to maintain the satisfaction of conditions for trading of pesticides set forth in Article 63 of the Law on Plant Protection and Quarantine.

2. A fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for committing one of the following violations against regulations on pesticides trading:

a) Trading expired or unqualified pesticides or those whose quality does not meet corresponding technical regulations if the value of traded pesticides is from VND 5,000,000 to under VND 15,000,000;

b) Trading pesticides which are on the List of pesticides banned in Vietnam if total amount of formulated pesticides traded is less than 3 kg (or 3 l);

c) Trading pesticides without a valid Certificate of eligibility to trade pesticides;

d) Trading pesticides which are not on the List of pesticides permitted in Vietnam if the value of traded pesticides is less than VND 5,000,000.

3. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for committing one of the following violations against regulations on pesticides trading:

a) Trading expired or unqualified pesticides or those whose quality does not meet corresponding technical regulations if the value of traded pesticides is from VND 15,000,000 to under VND 30,000,000;

b) Trading pesticides which are on the List of pesticides banned in Vietnam if total amount of formulated pesticides traded is from 3 kg (or 3 l) to 5 kg (5 l);

c) Trading pesticides which are packed in the form of glass syringes;

d) Trading pesticides which are used as fumigants to persons who do not obtain practicing cards for treatment of plant quarantine subjects, or entities that do not obtain practicing certificates for treatment of plant quarantine subjects;

dd) Providing instructions for use which are contrary to those on the labels of pesticides to buyers;

e) Trading pesticides while trading of pesticides is suspended or certificate of eligibility to trade pesticides is suspended or revoked;

g) Trading pesticides which are not on the List of pesticides permitted in Vietnam if the value of traded pesticides is from VND 5,000,000 to under VND 15,000,000.

4. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for committing one of the following violations against regulations on pesticides trading:

a) Trading expired or unqualified pesticides or those whose quality does not meet corresponding technical regulations if the value of traded pesticides is from VND 30,000,000 to under VND 50,000,000;

b) Trading pesticides which are on the List of pesticides banned in Vietnam if total amount of formulated pesticides traded is from 5 kg (or 5 l) to less than 10 kg (10 l);

c) Trading pesticides which are not on the List of pesticides permitted in Vietnam if the value of traded pesticides is from VND 15,000,000 to under VND 30,000,000.

5. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for committing one of the following violations against regulations on pesticides trading:

a) Trading expired or unqualified pesticides or those whose quality does not meet corresponding technical regulations if the value of traded pesticides is from VND 50,000,000 to under VND 100,000,000;

b) Trading pesticides which are on the List of pesticides banned in Vietnam if total amount of formulated pesticides traded is from 10 kg (or 10 l) to less than 20 kg (20 l);

c) Trading pesticides which are not on the List of pesticides permitted in Vietnam if the value of traded pesticides is from VND 30,000,000 to under VND 50,000,000.

6. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for committing one of the following violations against regulations on pesticides trading:

a) Trading expired or unqualified pesticides or those whose quality does not meet corresponding technical regulations if the value of traded pesticides is from VND 100,000,000 to under VND 200,000,000;

b) Trading pesticides which are on the List of pesticides banned in Vietnam if total amount of formulated pesticides traded is from 20 kg (or 20 l) to less than 30 kg (30 l);

c) Trading pesticides which are not on the List of pesticides permitted in Vietnam if the value of traded pesticides is from VND 50,000,000 to under VND 100,000,000.

7. A fine ranging from VND 40,000,000 to VND 45,000,000 shall be imposed for committing one of the following violations against regulations on pesticides trading:

a) Trading expired or unqualified pesticides or those whose quality does not meet corresponding technical regulations if the value of traded pesticides is from VND 200,000,000 or higher;

b) Trading pesticides which are on the List of pesticides banned in Vietnam if total amount of formulated pesticides traded is from 30 kg (or 30 l) to less than 50 kg (50 l);

c) Trading pesticides which are not on the List of pesticides permitted in Vietnam if the value of traded pesticides is from VND 100,000,000 to under VND 200,000,000,

8. A fine ranging from VND 45,000,000 to VND 50,000,000 shall be imposed for committing one of the following violations:

a) Trading pesticides which are on the List of pesticides banned in Vietnam if total amount of formulated pesticides traded is 50 kg (or 50 l), or more, if there is a decision not to institute criminal proceedings, a decision on annulment of the decision on institution of criminal proceedings, a decision to terminate investigation or a decision to dismiss the lawsuit issued by the presiding agency;

a) Trading pesticides which are not on the List of pesticides permitted in Vietnam if the value of traded pesticides is VND 200,000,000, or more, or the sum of illegal benefits obtained is VND 100,000,000, or more, except the cases where the import permit is granted according to Clause 2 Article 67 of the Law on Plant Protection and Quarantine, and there is a decision not to institute criminal proceedings, a decision on annulment of the decision on institution of criminal proceedings, a decision to terminate investigation or a decision to dismiss the lawsuit issued by the presiding agency.

9. Additional penalties

a) The Certificate of eligibility to trade pesticides shall be suspended for 01 – 03 months if any of the violations prescribed in Point b, Point c Clause 4, Point b, Point c Clause 5 and Point b, Point c Clause 6 of this Article is committed.

b) The Certificate of eligibility to trade pesticides shall be suspended for 03 – 06 months if any of the violations prescribed in Point b, Point c Clause 7 and Clause 8 of this Article is committed.

10. Remedial measures:

a) Enforced recall and return of expired or unqualified pesticides or those whose quality does not meet corresponding technical regulations to producers or distributors for destruction or recycling if any of the violations prescribed in Point b Clause 1, Point a Clause 2, Point a Clause 3, Point a Clause 4, Point a Clause 5, Point a Clause 6 and Point a Clause 7 of this Article is committed;

b) Enforced destruction of pesticides which are on the List of pesticides banned in Vietnam, those which are not on the List of pesticides permitted in Vietnam and pesticides packed in the form of glass syringes if any of the violations prescribed in Points b, d Clause 2, Points b, c, g Clause 3, Points b, c Clause 4, Points b, c Clause 5, Points b, c Clause 6, Points b, c Clause 7 and Clause 8 of this Article is committed.”

6. Some clauses, points of Article 36 are amended as follows:

a) Heading of Clause 3 Article 36 is amended as follows:

“3. Directors of Provincial Market Surveillance Departments and Director of Market Surveillance Operations Department affiliated to Vietnam Directorate of Market Surveillance shall have the power to:”

b) Heading of Clause 4 Article 36 is amended as follows:

“4. Director General of Vietnam Directorate of Market Surveillance shall have the power to:”

7. Clause 2, Clause 4 and Clause 5 Article 39 are amended as follows:

“Article 39. Determination of power to impose penalties of People’s Public Security Forces, Customs Authorities, Market Surveillance Units, Border Guard Forces and Coast Guard Forces

2. Competent persons of Customs Authorities shall have the power to impose penalties for administrative violations, impose additional penalties and enforce remedial measures for administrative violations mentioned in Article 8, Points d, dd Article 2 Article 12, Article 17, Point b Clause 4 Article 19, Article 20, Article 22, Article 28 and Article 30 of this Decree within their competence assigned in Article 35 of this Decree and within the ambit of their assigned functions, duties and powers.

4. Competent persons of Border Guard Forces shall have the power to impose penalties for administrative violations, impose additional penalties and enforce remedial measures for administrative violations mentioned in Article 17, Clause 1 Article 18, Clause 4, Clause 5, Clause 5a Article 19, Article 20, Article 27, and Clause 6 Article 28 of this Decree within their competence assigned in Article 37 of this Decree and within the ambit of their functions, duties and powers.

5. Competent persons of Coast Guard Forces shall have the power to impose penalties for administrative violations, impose additional penalties and enforce remedial measures for administrative violations mentioned in Article 17, Clause 1 Article 18, Clause 4, Clause 5, Clause 5a Article 19, Article 20, Article 27, and Clause 6 Article 28 of this Decree within their competence assigned in Article 38 of this Decree and within the ambit of their functions, duties and powers.”

Article 2. Amendments to Government’s Decree No. 90/2017/ND-CP dated July 31, 2017 on penalties for administrative violations against regulations on veterinary medicine

1. Clause 3 and Clause 4 are added to Article 2 as follows:

“3. The organizations mentioned in Clause 1 of this Article include:

a) Regulatory authorities committing violations which are not related to their assigned state management tasks;

b) Business entities duly established under the Law on Enterprises, including: sole proprietorships, joint-stock companies, limited liability companies, partnerships and their affiliates (including branches and representative offices);

c) Economic organizations that are duly established under the Law on Co-operatives, including co-operatives and co-operative unions;

d) Organizations established under the Law on Investment, including domestic investors, foreign investors and foreign-invested business entities; representative offices and branches of foreign traders in Vietnam; representative offices of foreign trade promotion organizations in Vietnam;

dd) Social organizations, socio-political organizations, socio-political and professional organizations, and socio-professional organizations;

e) Public service providers and other organizations as prescribed by law.

4. Household or individual businesses committing violations against regulations herein shall incur the same penalties as violating individuals."

2. Some clauses, points of Article 6 are amended as follows:

a) Clause 5a and Clause 5b are added to Article 6 as follows:

“5a. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed if the commission of the violation in Clause 5 of this Article causes property damage estimated at less than VND 100,000,000.

5b. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for the commission of the violation in Clause 5 of this Article which causes property damage estimated at VND 100,000,000, or more, if there is a decision not to institute criminal proceedings, a decision on annulment of the decision on institution of criminal proceedings, a decision to terminate investigation or a decision to dismiss the lawsuit issued by the presiding agency.”

b) Point b Clause 6 Article 6 is amended as follows:

“6. Remedial measures

b) Enforced destruction of animals, their products and waste if any of the violations prescribed in Clause 4, Clause 5, Clause 5a and Clause 5b of this Article is committed.”

3. Heading of Clause 2 Article 7 is amended as follows:

“2. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for committing one of the following violations:

4. Some clauses, points of Article 8 are amended as follows:

a) Clause 5a and Clause 5b are added to Article 8 as follows:

“5a. A fine ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for commission of the violation in Point a Clause 5 of this Article if causing property damage estimated at less than VND 100,000,000.

5b. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed for the commission of the violation in Point a Clause 5 of this Article which causes property damage estimated at VND 100,000,000, or more, if there is a decision not to institute criminal proceedings, a decision on annulment of the decision on institution of criminal proceedings, a decision to terminate investigation or a decision to dismiss the lawsuit issued by the presiding agency.”

b) Clause 6a and Clause 6b are added to Article 8 as follows:

“6a. A fine ranging from VND 15,000,000 to VND 20,000,000 shall be imposed if the commission of the violation in Clause 6 of this Article causes property damage estimated at less than VND 100,000,000.

6b. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for the commission of the violation in Clause 6 of this Article which causes property damage estimated at VND 100,000,000, or more, if there is a decision not to institute criminal proceedings, a decision on annulment of the decision on institution of criminal proceedings, a decision to terminate investigation or a decision to dismiss the lawsuit issued by the presiding agency.”

c) Clause 7a and Clause 7b are added to Article 8 as follows:

“7a. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed if the commission of the violation in Clause 7 of this Article causes property damage estimated at less than VND 100,000,000.

7b. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for the commission of the violation in Clause 7 of this Article which causes property damage estimated at VND 100,000,000, or more, if there is a decision not to institute criminal proceedings, a decision on annulment of the decision on institution of criminal proceedings, a decision to terminate investigation or a decision to dismiss the lawsuit issued by the presiding agency.”

d) Point b Clause 8 Article 8 is amended as follows:

“8. Remedial measures:

b) Enforced destruction of animals and/or animal products if any of the violations prescribed in Point a and Point dd Clause 4, Clause 5, Clause 5a, Clause 5b, Clause 6, Clause 6a, Clause 6b, Clause 7, Clause 7a and Clause 7b of this Article is committed.”

5. Some Points of Clause 3 Article 12 are amended as follows:

a) Point a Clause 3 Article 12 is amended as follows:

“a) Enforced quarantine of aquatic animals and/or products thereof if the violation prescribed in Point a Clause 2 (except aquatic breeds), or Clause 1 of this Article is committed;”

b) Point c is added to Clause 3 Article 12 as follows:

“c) Enforced destruction of aquatic breeds if the violation prescribed in Point a Clause 2 of this Article is committed.”

6. Some Clauses and Points of Article 15 are amended as follows:

a) Clause 2 Article 15 is amended as follows:

“2. A fine ranging from VND 6,000,000 to VND 7,000,000 shall be imposed for committing one of the following violations:

a) Transporting imported animals/ animal products, which are used for processing of exports, to a processing facility other than the registered one;

b) Importing animal products which will be used as foods but whose labels do not contain the name and code of the manufacturer according to the list of enterprises eligible to export animal products to Vietnam;

c) Importing animal products which will be used as foods but whose labels contain the name and code of the manufacturer which is not included in the list of enterprises eligible to export animal products to Vietnam;

d) Importing animal products which will be used as foods but whose labels contain the manufacturer's name and code other than those specified in the Health Certificate issued by a competent authority of the exporting country.”

b) Clause 6a is added to Article 15 as follows:

“6a. A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed upon a person entering or transiting the territory of Vietnam for carrying fresh, prepared or processed animal products from a country or territory that is facing a dangerous disease on that type of animals.”

c) Point c is added to Clause 7 Article 15 as follows:

“7. A fine ranging from 10% to 15% of the shipment’s value but not exceeding VND 50 million shall be imposed for committing one of the following violations:

c) Importing animal products whose smell is changed or which are discolored or infested by insects, or do not meet veterinary hygiene requirements.”

d) Clause 10 Article 15 is amended as follows:

“10. The following fines shall be imposed for transporting animal specimens and pathogens into the territory of Vietnam without obtaining the permission of a competent veterinary authority:

a) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed if the act of violation does not cause any property damage;

b) A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed if the act of violation causes property damage estimated at less than VND 100,000,000;

c) A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for the commission of the violation which causes property damage estimated at VND 100,000,000, or more, if there is a decision not to institute criminal proceedings, a decision on annulment of the decision on institution of criminal proceedings, a decision to terminate investigation or a decision to dismiss the lawsuit issued by the presiding agency.”

dd) Point b, Point c and Point e Clause 11 Article 15 are amended as follows:

“11. Remedial measures:

b) Enforced destruction of animal products and/or pathological specimens if any of the violations prescribed in Point b Clause 1, Point d Clause 4 and Clause 6a of this Article is committed;

c) Enforced re-export of animals/animal products if the violation prescribed in Point b Clause 3 or Point d Clause 5 of this Article is committed;

e) Enforced re-export or destruction of animals, animal products or pathological specimens if any of the violations prescribed in Clause 6, Point c Clause 7, Clause 8, Clause 9 and Clause 10 of this Article is committed.”

7. Clause 5 Article 17 is amended as follows:

“5. Remedial measures:

a) Enforced quarantine of animals/animal products if the violation prescribed in Clause 3 of this Article is committed (except aquatic breeds);

b) Enforced destruction of animals/ animal products which are aquatic breeds or which are undergone the quarantine process and discovered to be infected with animal diseases or to carry dangerous infectious disease pathogens on the List of animal diseases subject to outbreak declaration if the violation prescribed in Clause 3 of this Article is committed.”

8. Some Clauses and Points of Article 20 are amended as follows:

a) Clause 10 Article 20 is amended as follows:

“10. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for transport, trading, storage or slaughter of animals, which have administered the tranquilizer inconsistently with the instructions of drug manufacturer or the competent veterinary authority, to use as food.”

b) Point b Clause 12 Article 20 is amended as follows:

“12. Additional penalties:

b) Operation of the violating entity shall be suspended for 01 – 03 months if any of the violations prescribed in Clause 7, Clause 8 and Clause 9 of this Article is committed;”

c) Point c Clause 13 Article 20 is amended as follows:

“13. Remedial measures:

c) Enforced destruction of animals/ animal products if any of the violations prescribed in Clause 5, Clause 9, Clause 10 and Clause 11 of this Article is committed.”

9. Some Clauses of Article 33 are amended as follows:

a) Clause 7 Article 33 is amended as follows:

“7. The following fines shall be imposed for manufacturing each type of veterinary drugs which are not on the List of veterinary drugs permitted to be sold in Vietnam or which is not yet approved by competent authorities:

a) A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for manufacturing each type of veterinary drugs which are not on the List of veterinary drugs permitted to be sold in Vietnam or which is not yet approved by competent authorities if the batch is worth less than VND 200,000,000 or the sum of illegal benefits obtained is less than VND 100,000,000;

b) A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for manufacturing each type of veterinary drugs which are not on the List of veterinary drugs permitted to be sold in Vietnam or which is not yet approved by competent authorities if the batch is worth VND 200,000,000, or more, or the sum of illegal benefits obtained is VND 100,000,000, or more, and there is a decision not to institute criminal proceedings, a decision on annulment of the decision on institution of criminal proceedings, a decision to terminate investigation or a decision to dismiss the lawsuit issued by the presiding agency.”

b) Clause 8 Article 33 is amended as follows:

“8. The following fines shall be imposed for manufacturing each type of veterinary drugs which are on the List of veterinary drugs banned in Vietnam:

a) A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for manufacturing each type of veterinary drugs which are on the List of veterinary drugs banned in Vietnam if the batch is worth less than VND 100,000,000 or the sum of illegal benefits obtained is less than VND 50,000,000;

b) A fine ranging from VND 50,000,000 to VND 60,000,000 shall be imposed for manufacturing each type of veterinary drugs which are on the List of veterinary drugs banned in Vietnam if the batch is worth VND 100,000,000, or more, or the sum of illegal benefits obtained is VND 50,000,000, or more, and there is a decision not to institute criminal proceedings, a decision on annulment of the decision on institution of criminal proceedings, a decision to terminate investigation or a decision to dismiss the lawsuit issued by the presiding agency.”

c) Point c is added to Clause 10 Article 33 as follows:

“10. Remedial measures:

c) Enforced transfer of benefits illegally obtained from the administrative violation prescribed in Clause 7 and Clause 8 of this Article.”

10. Some Clauses, Points of Article 36 are amended as follows:

a) Clause 3 Article 36 is amended as follows:

“3. The following fines shall be imposed for trading each type of veterinary drugs which are not on the List of veterinary drugs permitted to be sold in Vietnam or which is not yet approved by competent authorities:

a) A fine ranging from VND 10,000,000 to VND 12,000,000 shall be imposed for trading each type of veterinary drugs which are not on the List of veterinary drugs permitted to be sold in Vietnam or which is not yet approved by competent authorities if the value of veterinary drugs sold is worth less than VND 200,000,000 or the sum of illegal benefits obtained is less than VND 100,000,000;

b) A fine ranging from VND 12,000,000 to VND 15,000,000 shall be imposed for trading each type of veterinary drugs which are not on the List of veterinary drugs permitted to be sold in Vietnam or which is not yet approved by competent authorities if the value of veterinary drugs sold is VND 200,000,000, or more, or the sum of illegal benefits obtained is VND 100,000,000, or more, and there is a decision not to institute criminal proceedings, a decision on annulment of the decision on institution of criminal proceedings, a decision to terminate investigation or a decision to dismiss the lawsuit issued by the presiding agency.”

b) Clause 5 Article 36 is amended as follows:

“5. The following fines shall be imposed for trading each type of veterinary drugs which are on the List of veterinary drugs banned in Vietnam:

a) A fine ranging from VND 25,000,000 to VND 30,000,000 shall be imposed for trading each type of veterinary drugs which are on the List of veterinary drugs banned in Vietnam if the value of veterinary drugs sold is worth less than VND 100,000,000 or the sum of illegal benefits obtained is less than VND 50,000,000;

b) A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for trading each type of veterinary drugs which are on the List of veterinary drugs banned in Vietnam if the value of veterinary drugs sold is VND 100,000,000, or more, or the sum of illegal benefits obtained is VND 50,000,000, or more, and there is a decision not to institute criminal proceedings, a decision on annulment of the decision on institution of criminal proceedings, a decision to terminate investigation or a decision to dismiss the lawsuit issued by the presiding agency.”

c) Point d is added to Clause 7 Article 36 as follows:

“10. Remedial measures:

d) Enforced transfer of benefits illegally obtained from the administrative violation prescribed in Clause 3 and Clause 5 of this Article.”

11. Some Clauses of Article 49 are amended as follows:

a) Heading of Clause 3 Article 49 is amended as follows:

“3. Directors of Provincial Market Surveillance Departments and Director of Market Surveillance Operations Department affiliated to Vietnam Directorate of Market Surveillance shall have the power to:”

b) Heading of Clause 4 Article 49 is amended as follows:

“4. Director General of Vietnam Directorate of Market Surveillance shall have the power to:”

12. Article 50 is amended as follows:

“Article 50. Determination of power to impose penalties of People’s Public Security Forces, Border Guard Forces, Coast Guard Forces, Customs Authorities and Market Surveillance Units

1. Competent persons of People’s Public Security Forces shall have the power to impose penalties for administrative violations, impose additional penalties and enforce remedial measures for administrative violations against regulations on veterinary medicine mentioned Clause 6, Clause 7, Clause 8 Article 5; Clause 3, Clause 4, Clause 5, Clause 5a, Clause 5b Article 6; Point b Clause 2, Point a Clause 7 Article 7; Clause 3, Clause 4, Clause 5, Clause 5a, Clause 5b, Clause 6, Clause 6a, Clause 6b, Clause 7, Clause 7a, Clause 7b Article 8; Point b Clause 1, Clause 2, Clause 4 Article 11; Clause 2 Article 12; Article 17; Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, Clause 11 Article 20; Article 21; Article 22; Article 23; Article 27; Clause 7, Clause 8 Article 33; Clause 3, Clause 4, Clause 5 Article 36 of this Decree within the ambit of their assigned functions, duties and powers.

2. Competent persons of Border Guard Forces shall have the power to impose penalties for administrative violations, impose additional penalties and enforce remedial measures for administrative violations against regulations on veterinary medicine mentioned in Clause 6 Article 5; Clause 3, Clause 4, Clause 5, Clause 5a, Clause 5b Article 6; Point b Clause 4, Clause 5, Clause 5a, Clause 5b, Clause 6, Clause 6a, Clause 6b, Clause 7, Clause 7a, Clause 7b Article 8; Article 14; Clause 1, Clause 3, Clause 4, Clause 5, Clause 6, Clause 6a, Clause 7, Clause 8, Clause 9, Clause 10 Article 15; Article 16; Article 18; Article 19; Clause 2 Article 37; Clause 3 Article 38 of this Decree within the ambit of assigned functions, tasks and power.

3. Competent persons of Coast Guard Forces shall have the power to impose penalties for administrative violations, impose additional penalties and enforce remedial measures for administrative violations against regulations on veterinary medicine committed within the territorial waters and continental shelf of the Socialist Republic of Vietnam as mentioned in Clause 6 Article 5; Clause 3, Clause 5, Clause 5a, Clause 5b Article 6; Clause 5, Clause 5a, Clause 5b, Clause 6, Clause 6a, Clause 7, Clause 7a, Clause 7b Article 8; Clause 2, Clause 3, Clause 4 Article 11; Article 12; Article 13; Article 14; Point a Clause 1, Point a, Point b Clause 3, Clause 5, Clause 6, Clause 6a, Clause 7, Clause 8, Clause 9, Clause 10 Article 15; Article 16; Article 17; Article 18; Article 19; Clause 2 Article 37; Clause 3 Article 38 of this Decree within the ambit of assigned functions, tasks and power.

4. Competent persons of Customs Authorities Forces shall have the power to impose penalties for administrative violations, impose additional penalties and enforce remedial measures for administrative violations against regulations on veterinary medicine mentioned in Article 14, Article 15, Article 16, Article 18, Article 19; Clause 2 Article 37; Clause 3 Article 38; Clause 1 Article 39 of this Decree within the ambit of their assigned functions, tasks and powers.

5. Competent persons of Market Surveillance Units shall have the power to impose penalties for administrative violations, impose additional penalties and enforce remedial measures for administrative violations against regulations on veterinary medicine mentioned in Clause 6, Clause 7, Clause 8 Article 5; Clause 3, Clause 4, Clause 5, Clause 5a, Clause 5b Article 6; Clause 5, Clause 7 Article 7; Article 8; Article 11; Article 12; Article 17; Clause 2, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, Clause 11 Article 20; Article 21; Article 22; Article 23; Article 24; Article 25; Article 26; Article 27; Article 34; Article 35; Article 36; Article 40; Clause 2, Clause 3 Article 42 of this Decree within the ambit of their assigned functions, tasks and power.

Article 3.

1. Point b Clause 2 Article 19, Point b Clause 2 Article 20 of the Government’s Decree No. 31/2016/ND-CP dated May 06, 2016 are abrogated.

2. Point d Clause 13 Article 20 of the Government’s Decree No. 90/2017/ND-CP dated July 31, 2017 is abrogated.

3. In the Government’s Decree No. 90/2017/ND-CP dated July 31, 2017, the phrase “thức ăn chăn nuôi” (“cattle feed”) in Clause 6 Article 15 shall be replaced by the phrase "thức ăn chăn nuôi, thức ăn thủy sản" ("cattle feed, aquatic feed"); the phrase “chăn nuôi” (“animal husbandry”) in Point a Clause 9, Clause 11 Article 20 shall be replaced by the phrase “chăn nuôi, nuôi trồng thủy sản” (“animal husbandry, aquaculture”).

Article 4. Effect

This Decree comes into force from February 18, 2020.

Article 5. Transition

Administrative violations committed before this Decree takes effect and discovered afterwards or under consideration shall be handled in accordance with regulations that are advantageous to the organizations and individuals at fault.

Article 6. Responsibility for implementation

Ministers, heads of ministerial-level agencies, heads of Governmental agencies, Chairpersons of the People’s Committees of provinces and central-affiliated cities shall instruct and implement this Decree./.

 

 

ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER




Nguyen Xuan Phuc

 

 

 


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This translation is made by THƯ VIỆN PHÁP LUẬT and for reference purposes only. Its copyright is owned by THƯ VIỆN PHÁP LUẬT and protected under Clause 2, Article 14 of the Law on Intellectual Property.Your comments are always welcomed

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Số hiệu04/2020/ND-CP
Cơ quan ban hành
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