Nghị định 115/2016/ND-CP

DECREE

AMENDMENTS TO THE GOVERNMENT'S DECREE NO. 163/2013/ND-CP DATED NOVEMBER 12, 2013 ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON CHEMICALS, FERTILIZERS AND INDUSTRIAL EXPLOSIVES

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

Pursuant to the Law on Penalties for administrative violations dated June 20, 2013;

Pursuant to the Law on Chemicals dated November 21, 2007;

At the request of the Minister of Industry and Trade and the Minister of Agriculture and Rural development;

The Government promulgates a Decree on amendments to the Government's Decree No. 163/2013/ND-CP dated November 12, 2013 on penalties for administrative violations against regulations on chemicals, fertilizers and industrial explosives.

Article 1. Amendments to the Government's Decree No. 163/2013/ND-CP dated November 12, 2013 on penalties for administrative violations against regulations on chemicals, fertilizers and industrial explosives

1. Article 3 is amended as follows:

“Article 3. Penalties, remedial measures and rules for implementation

1. Apart from the primary penalties that are warnings and fines, depending on the nature and seriousness of the violations, the organization or individual that commits an administrative violation against regulations on chemicals, fertilizer and industrial explosives may incur one or some of the following additional penalties:

a) Suspension of the license to manufacture or sell chemicals on the List of chemicals restricted from manufacture and trade; suspension of the certificate of registration or decision on appointment of fertilizer-certifying or fertilizer-testing body; license to manufacture Schedule chemicals; license to manufacture fertilizers; license to use industrial explosives; certificate of industrial explosive activities;

b) Suspension of manufacture, trade or storage of hazardous chemicals; suspension of operation of the Schedule chemical, DOC chemical, DOC-PSF chemical facility; suspension of fertilize manufacture; suspension of industrial explosive activities;

c) Confiscation of exhibits and instruments for committing violations is considered an additional penalty and only applied to the exhibits specified in Article 26 of the Law on Actions against administrative violations and Clause 2 Article 3 of the Government's Decree No. 81/2013/ND-CP dated July 19, 2013 on guidelines for implementation of the Law on Actions against administrative violations.

2. Rules for implementation of remedial measures are specified in Clause 2 Article 28 of the Law on Actions against administrative violations.

Depending on the nature and seriousness of violations, one or some remedial measures specified in Clause 6 Article 5, Clause 6 Article 14, Clause 8 Article 14a, Clause 4 Article 14b, Clause 4 Article 14d, Clause 2 Article 14e, Clause 3 Article 14g, Clause 8 Article 19, Clause 2 Article 20, Clause 3 Article 21, Clause 4 Article 24, Clause 4 Article 25 shall be enforced.”

2. Article 4 is amended as follows:

“Article 4. Imposition of administrative penalties

1. Warning is considered a primary penalty and shall only be imposed upon a violation that leads to issuance of a warning committed by an individual or organization in the cases specified in Article 22 of the Law on Actions against administrative violations.

2. Fine is considered a primary penalty. The fines specified in this Decree are imposed upon administrative violations committed by individuals. The fine for the same violation committed by an organization is twice as much as that imposed upon an individual.”

3. Clause 3 Article 5 is amended as follows:

“3. Fines for violations against regulations on planning prevention of and response to chemical accidents, measures for prevention of and response to chemical accidents (not applied to petrol, oil and LPG):

a) A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for failure request a competent authority to approve or certify the plan for prevention of and response to chemical accidents or measures for prevention of and response to chemical accidents;

b) A fine of from VND 10,000,000 to VND 15,000,000 VND shall be imposed for the failure to work out a plan or measures for prevention of and response to chemical accidents during the process of manufacture, sale and storage of hazardous chemicals.”

4. Clauses 4a, 4b, 4c, 4d, 4đ are added to Article 5:

 “4a. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for employment of an unqualified person as Technical Director or Deputy Technical Director or person in charge of chemical manufacture of a chemical factory.

4b. Fines for violations against regulations on chemical safety note:

a) A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for failure to write sufficient about hazardous chemicals on the chemical safety note;

b) A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for provision of incorrect information about hazardous chemicals on the chemical safety note;

c) A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed for using or selling hazardous chemicals without a chemical safety note.

4c. A fine of from VND 7,000,000 to VND 10,000,000 shall be imposed for failure to classify chemicals before using or selling chemicals according to regulations of law on labeling and classifying chemicals.

4d. Fines for employment of a person who is not trained in chemical safety in a chemical factory, employment of a person who is not trained in safe transport of dangerous industrial goods to transport of hazardous chemicals:

a) A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed if the violation involves fewer than 20 unqualified people;

b) A fine of from VND 5,000,000 to VND 8,000,000 shall be imposed if the violation involves 20 - 49 unqualified people;

c) A fine of from VND 8,000,000 to VND 10,000,000 shall be imposed if the violation involves 50 – 99 unqualified people;

d) A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed if the violation involves 100 unqualified people or more.

4dd. Fines for violations against regulations on packaging dangerous goods in industrial manufacture for transport:

a) A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to inspect the containers before packaging hazardous chemicals;

b) A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for failure to comply with requirements for packaging hazardous chemicals before transport.”

5. Clause 5 and Clause 6 of Article 5 are amended as follows:

“5. Additional penalties:

The manufacture, sale or storage of hazardous chemicals shall be suspended for 01 - 03 months if the violation specified in Clause 3 of this Article threaten or seriously harm human health and the environment.

6. Remedial measures:

a) Enforced compliance with professional requirements for chemical manufacture in case of the violation specified in Clause 4a of this Article;

b) Enforced provision of accurate and adequate information about hazardous chemicals on the chemical safety note; enforced compliance with regulations on chemical safety notes before using or selling chemicals in case of the violation specified in Clause 4b of this Article;

c) Enforced classification of chemicals before using or selling chemicals in accordance with regulations of law on labeling and classifying chemicals in case of the violation specified in Clause 4c of this Article;

d) Enforced provision of training in chemical safety and safe transport of dangerous industrial goods in case of the violation specified in Point 4d of this Article;

dd) Enforced compliance with regulations on packaging dangerous industrial goods for transport in case of the violation specified in Point 4dd of this Article.”

6. Article 9 is amended as follows:

Article 8 of the Government's Decree No. 185/2013/ND-CP shall be applied to imposition of penalties for violations against regulations on certificates of eligibility for conditional manufacture or trading of chemicals.

7. Article 10 is amended as follows:

Article 7 of the Government's Decree No. 185/2013/ND-CP shall be applied to imposition of penalties for violations against regulations on business operation under business licenses.

8. Article 14 is amended as follows:

“Article 14. Violations against regulations on management of domestic and medical pesticides and germicides

1. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to comply with regulations on conditions for manufacturing or selling domestic or medical pesticides and germicides.

2. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for manufacturing, bottling, packaging a domestic or medical pesticide or germicide where:

a) the pesticide or germicide does not meet registered standards which are approved by the Ministry of Health;

b) the origin of the pesticide or germicide is not consistent with the registered origin.

3. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for manufacturing, bottling or packaging a pesticide or germicide that is expired.

4. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed for manufacturing, bottling, packaging a domestic or medical pesticide or germicide where:

a) a Certificate of free sale in Vietnam of such pesticide or germicide has not been granted;

b) the pesticide or germicide is on the list of domestic and medical pesticides and germicides banned in Vietnam.

5. Additional penalties:

a) The certificate of pesticide or germicide registration shall be revoked in case of the violation specified in Clause 3 of this Article. Within 6 months from the day on which the revocation decision is issued, the violator may not submit any application or authorize another organization or individual to submit an application for registration of domestic or medical pesticide or germicide;

b) Exhibits shall be confiscated in case of the violation specified in Clause 4 of this Article.

6. Remedial measures:

a) Enforced destruction or recycling (if possible) of the pesticide or germicide in case of the violation specified in Point a Clause 2 of this Article;

b) Enforced destruction of the pesticide or germicide in case of the violation specified in Clause 3 and Clause 4 of this Article;

c) Publication of the violation on the media specified in Clause 2 of this Article if it causes serious consequences or has a negative impact on society.”

9. Article 14a is added as follows:

 “Article 14a. Violations against regulations on selling domestic and medical pesticides and germicides

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for selling less than 5 kilograms or 5 liters of an expired domestic or medical pesticide or germicide, a pesticide or germicide that does not meet registered standards approved by the Ministry of Health, a domestic or medical pesticide or germicide which is not granted a certificate of free sale in Vietnam.

2. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed for any of the following violations:

a) Selling from 5 to less than 20 kilograms or liters of an expired domestic or medical pesticide or germicide, a pesticide or germicide that does not meet registered standards approved by the Ministry of Health, a domestic or medical pesticide or germicide which is not granted a certificate of free sale in Vietnam.

b) Selling less than 3 kilograms or 3 liters of a domestic or medical pesticide or germicide that is banned in Vietnam.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following violations:

a) Selling from 20 to less than 100 kilograms or liters of an expired domestic or medical pesticide or germicide, a pesticide or germicide that does not meet registered standards approved by the Ministry of Health, a domestic or medical pesticide or germicide which is not granted a certificate of free sale in Vietnam;

b) Selling from 3 to less than 5 kilograms or liters of a domestic or medical pesticide or germicide that is banned in Vietnam;

c) Bottling of a domestic or medical pesticide or germicide for sale without permission;

d) Selling and providing incorrect instructions to use the pesticides or germicides.

4. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

a) Selling from 100 to less than 300 kilograms or liters of an expired domestic or medical pesticide or germicide, a pesticide or germicide that does not meet registered standards approved by the Ministry of Health, a domestic or medical pesticide or germicide which is not granted a certificate of free sale in Vietnam;

b) Selling from 5 to less than 10 kilograms or liters of a domestic or medical pesticide or germicide that is banned in Vietnam.

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

a) Selling from 300 to less than 500 kilograms or liters of an expired domestic or medical pesticide or germicide, a pesticide or germicide that does not meet registered standards approved by the Ministry of Health, a domestic or medical pesticide or germicide which is not granted a certificate of free sale in Vietnam;

b) Selling from 10 to less than 20 kilograms or liters of a domestic or medical pesticide or germicide that is banned in Vietnam.

6. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following violations:

a) Selling from 500 to less than 1,000 kilograms or liters of an expired domestic or medical pesticide or germicide, a pesticide or germicide that does not meet registered standards approved by the Ministry of Health, a domestic or medical pesticide or germicide which is not granted a certificate of free sale in Vietnam;

b) Selling from 20 to less than 30 kilograms or liters of a domestic or medical pesticide or germicide that is banned in Vietnam.

7. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for any of the following violations:

a) Selling ≥ 1,000 kilograms or liters of an expired domestic or medical pesticide or germicide, a pesticide or germicide that does not meet registered standards approved by the Ministry of Health, a domestic or medical pesticide or germicide which is not granted a certificate of free sale in Vietnam;

b) Selling from 30 to less than 50 kilograms or liters of a domestic or medical pesticide or germicide that is banned in Vietnam.

8. Remedial measures:

a) Enforced recall and destruction or recycling (if possible) of the pesticide or germicide that is expired or fails to meet applied standards as specified in Clause 1, Point a Clause 2, Point a Clause 3, Point a Clause 4, Point a Clause 5, Point a Clause 6 and Point a Clause 7 of this Article;

b) Enforced destruction of the pesticide or germicide that is banned in Vietnam or not on the List of permissible or restricted domestic and medical pesticides and germicides in Vietnam and preparations in glass cylinders in case of the violation specified in Point d Clause 1; Clause 2; Points a, b and d Clause 3; Clause 4, Clause 5, Clause 6 and Clause 7 of this Article.”

10. Article 14a is added as follows:

 “Article 14a. Violations against regulations on use of domestic and medical pesticides and germicides

1. A warning fine of from VND 200,000 to VND 500,000 shall be imposed for using a domestic or medical pesticide or germicide against the instructions on its label or package.

2. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for use of a domestic or medical pesticide or germicide which has not been granted a Certificate of free sale in Vietnam or an import license by the Ministry of Health.

3. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following violations:

a) Use of a domestic or medical pesticide or germicide that is banned in Vietnam;

b) Use of a domestic or medical pesticide or germicide against the instructions on its label or package in a manner that is dangerous to humans, animals and causes environmental pollution.

4. Remedial measures:

a) Enforced destruction of the pesticide or germicide in case of the violation specified in Clause 2 and Point a Clause 3 of this Article;

b) Enforced environmental pollution reduction in case of the violation specified in Point b Clause 3 of this Article.”

11. Article 14a is added as follows:

 “Article 14a. Violations against regulations on transport of domestic and medical pesticides and germicides

1. A warning or fine of from VND 500,000 to VND 1,000,000 shall be imposed for any of the following violations:

a) Failure to use a vehicle that meets safety requirements for transport of the pesticide or germicide;

b) Transporting a domestic or medical pesticide or germicide together with foods, beverages, drugs or other consumables;

c) Transporting a domestic or medical pesticide or germicide on a public transportation.

2. Penalties for transport of a domestic or medical pesticide or germicide which is banned or has not been granted a Certificate of free sale in Vietnam or an import license by the Ministry of Health are the same as those imposed upon the violations specified in Article 14a of this Decree.”

12. Article 14a is added as follows:

 “Article 14a. Violations against regulations on import of domestic and medical pesticides and germicides

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for import of a domestic or medical pesticide or germicide that does not meet registered standards approved by the Ministry of Health.

2. A fine of from VND 15,000,000 to VND 30,000,000 shall be imposed for any of the following violations:

a) Import of a domestic or medical pesticide or germicide which has not been granted a Certificate of free sale in Vietnam or import license by the Ministry of Health;

b) Import of a domestic or medical pesticide or germicide which is expired or does not have a clear origin.

3. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for import of a domestic or medical pesticide or germicide which is on the List of domestic and medical pesticides and germicides banned in Vietnam.

4. Remedial measures:

a) Enforced re-export of the pesticide or germicide in case of the violation specified in Clause 1 of this Article;

b) Enforced re-export or destruction of the pesticide or germicide in case of the violation specified in Point a or b Clause 2 of this Article.”

13. Article 14dd is added as follows:

 “Article 14dd. Violations against regulations on experimenting domestic and medical pesticides and germicides

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for experimenting a new domestic or medical pesticide or germicide against the procedures established by the Ministry of Health.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for testing a domestic or medical pesticide or germicide which is on the List of domestic and medical pesticides and germicides banned in Vietnam.”

14. Article 14e is added as follows:

 “Article 14e. Violations against regulations on labels of domestic and medical pesticides and germicides

1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for using a label, secondary label of a domestic or medical pesticide or germicide whose content is not consistent with the certificate of registration or the approved label design.

2. Remedial measures:

Enforced recall or relabeled of the pesticide or germicide having unconformable labels or in case of the violation specified in Clause 1 of this Article.”

15. Article 14g is added as follows:

 “Article 14g. Violations against regulations on advertising domestic and medical pesticides and germicides

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for advertising a domestic or medical pesticide or germicide against the advertisement certificate issued by the Ministry of Health.

2. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for advertising a domestic or medical pesticide or germicide without an advertisement certificate issued by the Ministry of Health.

3. Remedial measures:

Enforced suspension of the advertisement for the pesticide or germicide in case of the violation specified in Clause 1 and Clause 2 of this Article.”

16. Clause 2 and Clause 3 of Article 17 are amended as follows:

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

a) Manufacture of a Schedule 3 or Schedule 2 chemical against the license to manufacture Schedule 3 or Schedule 2 chemicals;

b) Export or import of a Schedule 3 or Schedule 2 chemical against the export license or import license;

c) Transfer of the license to export or import Schedule 3 or Schedule 2 chemicals to another enterprise;

d) Export/import of a Schedule 2 chemical to/from an organization or individual of a country that is not a signatory to Chemical Weapons Convention;

dd) Export of a Schedule 3 chemical to a country that is not a signatory to the Convention without a certificate of end user issued by a competent authority of such country.

3. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for manufacturing a Schedule 3 chemical or and Schedule 2 chemical without a license to manufacture Schedule 3 or Schedule 2 chemicals; exporting or importing a Schedule 3 chemical or and Schedule 2 chemical without a license issued by a competent authority.”

17. Point a Clause 1 and Clause 2 of Article 18 are amended as follows:

“1. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following violations:

a) Development, manufacture, processing, consumption, sale, ownership, storage, or use of toxic chemicals and precursors thereof, or banned Schedule 1 chemicals;

2. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for any of the following violations:

a) Failure to declare or correctly declare information about the manufacture, sale, processing, consumption or storage of Schedule 1 chemicals as prescribed;

b) Failure to submit the report on export or import of Schedule 1 chemicals as prescribed;

c) Failure to submit the last year's declarations of exported, imported and domestic distribution of each Schedule 1 chemical as prescribed;

dd) Failure to facilitate audit of reports on export/import of Schedule 1 chemicals by Organisation for the Prohibition of Chemical Weapons or the Ministry of Industry and Trade in cooperation with a Vietnamese authority.”

18. Article 19 is amended as follows:

“Article 19. Violations against regulations on manufacturing and processing fertilizers, licenses for to manufacture or process fertilizers

1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following violations:

a) Failure to separate fertilizers from raw materials in the fertilizer factory;

b) Placing fertilizers directly on the floor or ground instead of shelves.

2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to impose internal rules and regulations on manufacture, operation procedures, instruction signs and warning signs at various positions of the manufacturing line and places at the factory where raw materials and products are stored.

3. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed for failure to retain samples of each batch for a sufficient period of time, except for those of natural gas, associated gas and auxiliary materials; failure to retain documents about test result of each batch.

4. A fine of from VND 7,000,000 to VND 10,000,000 shall be imposed for employing a person who does not have a degree in physics, chemistry, biology or agriculture to manufacture fertilizers.

5. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for the failure to have an agreement or contract with a laboratory appointed by a competent authority to assess fertilizer quality or failure to have fertilizers undergone quality assessment before they are put up for sale.

6. Fines for violations against regulations on the license manufacture or process fertilizers:

a) A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for falsifying the License to manufacture or process fertilizers;

b) A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for manufacturing fertilizer without applying for reissuance of or adjustment to the license to manufacture fertilizers;

c) A fine of from VND 8,000,000 to VND 10,000,000 shall be imposed for manufacturing or processing fertilizers for another organization without a contract between two parties.

d) A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to return the license to manufacture or process fertilizers according to the decision on revocation issued by a competent authority;

dd) A fine of from VND 20,000,000 to VND 25,000,000 shall be imposed for manufacturing a fertilizer which is not specified in the license to manufacture or process fertilizers;

e) A fine of from VND 25,000,000 to VND 30,000,000 shall be imposed for manufacturing or processing fertilizers at a location other than that specified in the license to manufacture or process fertilizers;

g) A fine of from VND 35,000,000 to VND 40,000,000 shall be imposed for using another entity’s license to manufacture or process fertilizers to manufacture fertilizers; manufacturing or processing fertilizers without a license to manufacture or process fertilizers issued by a competent authority;

h) A fine of from VND 50,000,000 to VND 55,000,000 shall be imposed for carrying on manufacture of fertilizer while the business operation or license to manufacture or process fertilizers has been suspended.

7. Additional penalties:

a) The license to manufacture or process fertilizers shall be suspended for 1 – 3 months in case of the violation specified in Point a and e Clause 6 of this Article;

b) Manufacture or processing of fertilizer shall be suspended for 1 – 3 months in case of the violation specified in Point b, dd and g Clause 6 of this Article.

8. Remedial measures:

Enforced fulfillment with technical requirements for manufacture of fertilizers in case of the violation specified in Clause 4 of this Article.”

19. Article 20 is amended as follows:

“Article 20. Violations against restrictions on manufacturing, processing and trading of fertilizers

1. A fine of from VND 60,000,000 to VND 70,000,000 shall be imposed for any of the following violations:

a) Manufacturing, processing or trading fertilizer beyond the restrictions on organic fertilizers, mineral-organic fertilizers, microorganism fertilizers, biological organic fertilizers, biological fertilizer, microorganism fertilizers, leaf fertilizers, fertilizers containing humectants, fertilizers containing enhancements, fertilizers that improves plant immunity, fertilizers containing growth regulators, fertilizers derived from rare earth, fertilizers for soil improvement;

b) Manufacturing, processing or trading fertilizers containing toxic substances (biuret, arsenic, cadmium, lead, mercury, free acid) according to regulations on each inorganic fertilizer.

2. Remedial measures:

Enforced recall and destruction of fertilizers that harm human, animal or plant health or the environment in case of the violation specified in Clause 1 of this Article.”

20. Article 21 is amended as follows:

“Article 21. Violations against regulations on fertilizer trading

1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for failure to separate fertilizers from other goods or placing fertilizers directly on the floor or ground instead of shelves at the trading location.

2. Fines for trading in fertilizers suspended from manufacture or sale:

a) A warning or fine of from VND 100,000 to VND 300,000 shall be imposed if the fertilizes are assessed at less than VND 1,000,000;

b) A fine of from VND 300,000 to VND 500,000 shall be imposed if the fertilizes are assessed at from VND 1,000,000 to less than VND 2,000,000;

c) A fine of from VND 500,000 to VND 1,000,000 shall be imposed if the fertilizes are assessed at from VND 2,000,000 to less than VND 3,000,000;

d) A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed if the fertilizes are assessed at from VND 3,000,000 to less than VND 5,000,000;

dd) A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed if the fertilizes are assessed at from VND 5,000,000 to less than VND 10,000,000;

e) A fine of from VND 3,000,000 to VND 4,000,000 shall be imposed if the fertilizes are assessed at from VND 10,000,000 to less than VND 20,000,000;

g) A fine of from VND 4,000,000 to VND 5,000,000 shall be imposed if the fertilizes are assessed at from VND 20,000,000 to less than VND 30,000,000;

h) A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed if the fertilizes are assessed at from VND 30,000,000 to less than VND 40,000,000;

i) A fine of from VND 7,000,000 to VND 10,000,000 shall be imposed if the fertilizes are assessed at from VND 40,000,000 to less than VND 50,000,000;

k) A fine of from VND 10,000,000 to VND 13,000,000 shall be imposed if the fertilizes are assessed at from VND 50,000,000 to less than VND 70,000,000;

l) A fine of from VND 13,000,000 to VND 15,000,000 shall be imposed if the fertilizes are assessed at from VND 70,000,000 to less than VND 100,000,000;

m) A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed if the fertilizes are assessed at VND 100,000,000 or over.

3. Remedial measures:

a) Enforced recall of the fertilizers suspended from manufacture or sale;

b) Enforced destruction of the fertilizers containing heavy metals, microorganisms or other toxins beyond the limits and suspended from manufacture or sale in case of the violation specified in Clause 2 of this Article.”

21. Article 23 is amended as follows:

“Article 23. Violations against regulations on import of fertilizers

1. a) A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for falsifying the License to import fertilizers for experiment, use in a sports stadium or amusement part, use by a foreign-invested company for its manufacturing purpose, use in a foreign project in Vietnam, as a gift or sample, use in a fair or exhibition or scientific research; for falsifying the automatic import license for some types of fertilizers.

2. Additional penalties:

The license to import fertilizers shall be suspended for 1 – 3 months in case of the violation specified in Clause 1 of this Article.”

22. Article 24 is amended as follows:

“Article 24. Violations against regulations on sampling, analyzing and testing fertilizers

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

a) Taking fertilizer samples without a certificate of training in fertilizer sampling;

b) Failure to apply the sampling method prescribed by National Technical Regulation or international standard on fertilizer sampling;

c) Failure to apply the analysis or testing method prescribed by National Technical Regulation or international standard or a standard applied by the manufacturer or importer.

2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for failure to publish the sampling method, analysis or testing method as prescribed or under internal standards (if a national technical regulation or standard for the fertilizer is not available).

3. Fines for violations against regulations on conformity certification and fertilizer testing:

a) A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for running fertilizer quality analysis or testing without accreditation or appointment by a competent authority;

b) A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for running fertilizer quality analysis or testing of a type of fertilizer beyond the permissible scope.

4. Additional penalties:

The certificate of registration or decision on appointment shall be suspended for 1 – 3 months in case of the violation specified in Clause 3 of this Article;

5. Remedial measures:

The fertilizer sample analysis or testing result shall be invalidated in case of the violation specified in Clause 1 of this Article.”

23. Article 25 is amended as follows:

“Article 25. Violations against regulations on fertilizer experiment

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

a) Failure to send the approved fertilizer experiment outlines to the local government as the basis for inspection of the fertilizer experiment;

b) Failure to retain fertilizer experiment documents properly.

2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following violations:

a) Provision of a false fertilizer experiment result;

b) Giving a result, initiating fertilizer manufacture or importing a fertilizer without conducting an actual experiment or without properly conducting an actual experiment.

3. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for any of the following violations:

a) Conducting fertilizer experiment and publishing experiment result without satisfying personnel requirements;

b) Conducting fertilizer experiment and publishing experiment result without being licensed to conduct fertilizer experiment or fertilizer research according to the decision on establishment issued by a competent authority;

c) Conducting fertilizer experiment and publishing experiment result without a license to manufacture fertilizers (for fertilizer manufacturers).

4. Remedial measures:

Enforced invalidation of the fertilizer experiment result in case of the violation specified in Point b Clause 2 and Clause 3 of this Article.”

24. Article 38 is amended as follows:

“Article 38. The power to impose penalties of Presidents of the People’s Committees

1. Presidents of People’s Committees of communes are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 5,000,000 for violations against regulations on chemicals, fertilizers and industrial explosives;

c) Confiscate exhibits and equipment used for violation commitment whose value does not exceed the fine specified in Point b of this Clause;

d) Enforce remedial measures specified in Points a, b, c and dd Clause 1 Article 28 of the Law on Actions against administrative violations.

2. Presidents of People’s Committees of districts are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 25,000,000 for violations against regulations on chemicals; VND 50,000,000 for violations against regulations on fertilizers and industrial explosives;

c) Suspend violators’ operation, licenses and certificates specified in Clause 1 Article 3 of this Decree;

d) Confiscate exhibits and equipment used for violation commitment whose value does not exceed the fine specified in Point b of this Clause;

dd) Enforce remedial measures specified in Points a, b, c, dd, e, h and i Clause 1 Article 28 of the Law on Actions against administrative violations and Clause 2 Article 3 of this Decree.

3. Presidents of People’s Committees of provinces are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 50,000,000 for violations against regulations on chemicals; VND 50,000,000 for violations against regulations on fertilizers and industrial explosives;

c) Suspend violators’ operation, licenses and certificates specified in Clause 1 Article 3 of this Decree;

d) Confiscate exhibits and equipment used for violation commitment;

dd) Enforce remedial measures specified in Points a, b, c, dd, e, g, h and i Clause 1 Article 28 of the Law on Actions against administrative violations and Clause 2 Article 3 of this Decree."

25. Article 39 is amended as follows:

“Article 39. The power to impose penalties of inspectors

1. Inspectors and persons appointed as chemical, fertilizer and industrial explosives inspectors in the performance of their duty are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 500,000 for violations against regulations on chemicals, fertilizers and industrial explosives;

c) Confiscate exhibits and equipment used for violation commitment whose value does not exceed the fine specified in Point b of this Clause;

d) Enforce remedial measures specified in Points a, c and dd Clause 1 Article 28 of the Law on Actions against administrative violations.

2. Chief Inspector of Provincial Departments, Directors of Provincial Food Safety and Hygiene Authorities, Directors of Provincial Crop Production and Plant Protection Authorities, Directors of Provincial Departments of Livestock Production and Veterinary Medicine, Directors of Provincial Departments of Fisheries, Directors of Provincial Farm Produce and Aquatic Product Quality Control Authorities affiliated to Provincial Departments of Agriculture and Rural development and holders of equivalent positions are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 25,000,000 for violations against regulations on chemicals; VND 50,000,000 for violations against regulations on fertilizers and industrial explosives;

c) Suspend violators’ operation, licenses and certificates specified in Clause 1 Article 3 of this Decree;

d) Confiscate exhibits and equipment used for violation commitment whose value does not exceed the fine specified in Point b of this Clause;

dd) Enforce remedial measures specified in Points a, b, c, dd, e, g, h, i Clause 1 Article 28 of the Law on Actions against administrative violations and Clause 2 Article 3 of this Decree.

3. Chiefs of inspectorates of provincial authorities and other regulatory bodies have the power to impose penalties specified in Clause 2 of this Article.

4. Chiefs of inspectorates of Ministries are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 35,000,000 for violations against regulations on chemicals; VND 70,000,000 for violations against regulations on fertilizers and industrial explosives;

c) Suspend violators’ operation, licenses and certificates specified in Clause 1 Article 3 of this Decree;

d) Confiscate exhibits and equipment used for violation commitment whose value does not exceed the fine specified in Point b of this Clause;

dd) Enforce remedial measures specified in Points a, b, c, dd, e, g, h, i Clause 1 Article 28 of the Law on Actions against administrative violations and Clause 2 Article 3 of this Decree.

5. Chief Inspectors of Ministries, ministerial agencies, Director of the Directorate for Standards, Metrology, and Quality, Director of Directorate of Fisheries, Director of Vietnam Environment Administration, Director of Vietnam Chemicals Agency, Director of Industrial Safety Techniques and Environment Agency; Director of Department of Animal Health, Director of Plant Protection Agency, Director of Crop Production Authority, Director of Department of Livestock production, Director of National Agro - Forestry - Fisheries Quality Assurance Department, Director of Agro – Forestry – Fishery processing and Salt Production Agency, Director of Drug Administration of Vietnam, Director of Health Environment Management Agency, Director of General Department of Preventive Medicine, Director of the Department food safety and hygiene and holders of equivalent positions are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 50,000,000 for violations against regulations on chemicals; VND 100,000,000 for violations against regulations on fertilizers and industrial explosives;

c) Suspend violators’ operation, licenses and certificates specified in Clause 1 Article 3 of this Decree;

d) Confiscate exhibits and equipment used for violation commitment;

dd) Enforce remedial measures specified in Points a, b, c, dd, e, g, h and i Clause 1 Article 28 of the Law on Actions against administrative violations and Clause 2 Article 3 of this Decree."

26. Article 40 is amended as follows:

“Article 40. The power to impose penalties of the police

1. Police officers in the performance of their duty are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 500,000 for violations against regulations on chemicals, fertilizers and industrial explosives;

2. Captains of police stations in the performance of their duty are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 1.500,000 for violations against regulations on chemicals, fertilizers and industrial explosives;

3. Chiefs of police authorities of communes, police stations of border checkpoints and export-processing zones are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 2,500,000 for violations against regulations on chemicals, fertilizers and industrial explosives;

c) Confiscate exhibits and equipment used for violation commitment whose value does not exceed the fine specified in Point b of this Clause;

d) Enforce remedial measures specified in Points a, c and dd Clause 1 Article 28 of the Law on Actions against administrative violations.

4. Chiefs of police authorities of districts, managers of Internal Security Departments, Economic Security Departments, Cultural and Politic Security Departments, Information Security Departments, Social Order Departments, Investigation Departments, Corruption Departments, Drug Enforcement Departments, Road and Rail Transport Departments, Internal Waterways Departments, Environmental Crime Departments and High Technology Crime Departments are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 10,000,000 for violations against regulations on chemicals; VND 20,000,000 for violations against regulations on fertilizers and industrial explosives;

c) Suspend violators’ operation, licenses and certificates specified in Clause 1 Article 3 of this Decree;

d) Confiscate exhibits and equipment used for violation commitment whose value does not exceed the fine specified in Point b of this Clause;

dd) Enforce remedial measures specified in Points a, c and dd Clause 1 Article 28 of the Law on Actions against administrative violations and Clause 2 Article 3 of this Decree.

5. Directors of provincial police authorities and Directors of Provincial Fire Departments are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 25,000,000 for violations against regulations on chemicals; VND 50,000,000 for violations against regulations on fertilizers and industrial explosives;

c) Suspend violators’ operation, licenses and certificates specified in Clause 1 Article 3 of this Decree;

d) Confiscate exhibits and equipment used for violation commitment whose value does not exceed the fine specified in Point b of this Clause;

dd) Enforce remedial measures specified in Points a, c, dd and i Clause 1 Article 28 of the Law on Actions against administrative violations and Clause 2 Article 3 of this Decree.

6. Directors of Internal Security Agency, Economic Security Agency, Cultural and Politic Security Agency, Information Security Agency, Social Order Agency, Investigation Agency, Corruption Agency, Drug Enforcement Agency, Road and Rail Transport Agency, Internal Waterways Agency, Environmental Crime Agency and High Technology Crime Agency are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 50,000,000 for violations against regulations on chemicals; VND 100,000,000 for violations against regulations on fertilizers and industrial explosives;

c) Suspend violators’ operation, licenses and certificates specified in Clause 1 Article 3 of this Decree;

d) Confiscate exhibits and equipment used for violation commitment;

dd) Enforce remedial measures specified in Points a, c, dd and i Clause 1 Article 28 of the Law on Actions against administrative violations and Clause 2 Article 3 of this Decree.”

27. Article 40a is added as follows:

 “Article 40a. The power to impose penalties of the customs

1. Customs officials in the performance of their duty are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 500,000 for violations against regulations on chemicals, fertilizers and industrial explosives;

2. Team leaders of Sub-department of Customs and Sub-departments of Post-Clearance Inspection are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 5,000,000 for violations against regulations on chemicals, fertilizers and industrial explosives;

3. Directors of Sub-departments of Customs, Sub-departments of Post-Clearance Inspection, team leaders of Provincial Customs Departments, smuggling prevention team leaders, customs procedures team leaders, leaders of customs control teams at sea and leaders of intellectual property right protection teams of the Smuggling Investigation and Prevention Department of the General Department of Customs are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 25,000,000 for violations against regulations on chemicals, fertilizers and industrial explosives;

c) Confiscate exhibits and equipment used for violation commitment whose value does not exceed the fine specified in Point b of this Clause;

dd) Enforce remedial measures specified in Points d, dd, g and i Clause 1 Article 28 of the Law on Actions against administrative violations and Clause 2 Article 3 of this Decree.

4. Director of the Smuggling Investigation Department, Director of the Post-clearance Inspection Department affiliated to the General Department of Customs, Director of Provincial Customs Departments are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 50,000,000 for violations against regulations on chemicals, fertilizers and industrial explosives;

c) Suspend violators’ operation, licenses and certificates specified in Clause 1 Article 3 of this Decree;

d) Confiscate exhibits and equipment used for violation commitment whose value does not exceed the fine specified in Point b of this Clause;

dd) Enforce remedial measures specified in Points d, dd, g and i Clause 1 Article 28 of the Law on Actions against administrative violations and Clause 2 Article 3 of this Decree.

5. The Director of the General Department of Customs is entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 50,000,000 for violations against regulations on chemicals; VND 100,000,000 for violations against regulations on fertilizers and industrial explosives;

c) Confiscate exhibits and equipment used for violation commitment;

d) Enforce remedial measures specified in Points d, dd, g and i Clause 1 Article 28 of the Law on Actions against administrative violations and Clause 2 Article 3 of this Decree.”

28. Article 40a is added as follows:

 “Article 40n. The power to impose penalties of market surveillance authorities

1. Market surveillance officials in the performance of their duty are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 500,000 for violations against regulations on chemicals, fertilizers and industrial explosives;

2. Leaders of market surveillance teams are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 25,000,000 for violations against regulations on chemicals, fertilizers and industrial explosives;

c) Confiscate exhibits and equipment used for violation commitment whose value does not exceed the fine specified in Point b of this Clause;

d) Enforce remedial measures specified in Points a, dd, e, g, h and i Clause 1 Article 28 of the Law on Actions against administrative violations and Clause 2 Article 3 of this Decree.

3. Director of Market Surveillance Departments of Provincial Departments of Industry and Trade, managers of departments affiliated to Market Surveillance Agency are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 50,000,000 for violations against regulations on chemicals, fertilizers and industrial explosives;

c) Confiscate exhibits and equipment used for violation commitment whose value does not exceed the fine specified in Point b of this Clause;

d) Suspend violators’ operation, licenses and certificates specified in Clause 1 Article 3 of this Decree;

dd) Enforce remedial measures specified in Points a, c, d, dd, e, g, h and i Clause 1 Article 28 of the Law on Actions against administrative violations and Clause 2 Article 3 of this Decree.

4. Director of Market Surveillance Agency is entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 50,000,000 for violations against regulations on chemicals; VND 100,000,000 for violations against regulations on fertilizers and industrial explosives;

c) Confiscate exhibits and equipment used for violation commitment;

d) Suspend violators’ operation, licenses and certificates specified in Clause 1 Article 3 of this Decree;

dd) Enforce remedial measures specified in Points a, c, d, dd, e, g, h and i Clause 1 Article 28 of the Law on Actions against administrative violations and Clause 2 Article 3 of this Decree.”

29. Article 40c is added as follows:

 “Article 40c. The power to impose penalties of the border guard

1. The border guard soldiers in the performance of their duty are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 500,000 for violations against regulations on chemicals, fertilizers and industrial explosives;

2. Team leaders of the persons specified in Clause 1 of this Article are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 2,500,000 for violations against regulations on chemicals, fertilizers and industrial explosives;

3. Captains of border guard stations, leaders of coastal guard teams, commanders of border guard at checkpoints and holders of equivalent positions are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 10,000,000 for violations against regulations on chemicals; VND 20,000,000 for violations against regulations on fertilizers and industrial explosives;

c) Confiscate exhibits and equipment used for violation commitment whose value does not exceed the fine specified in Point b of this Clause;

d) Enforce remedial measures specified in Points a, c and dd Clause 1 Article 28 of the Law on Actions against administrative violations and Clause 2 Article 3 of this Decree.

4. Captains of provincial border guard command centers, commanders of coastal guard fleets affiliated to the Border Guard Headquarters are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 50,000,000 for violations against regulations on chemicals; VND 100,000,000 for violations against regulations on fertilizers and industrial explosives;

c) Suspend violators’ operation, licenses and certificates specified in Clause 1 Article 3 of this Decree;

d) Confiscate exhibits and equipment used for violation commitment;

dd) Enforce remedial measures specified in Points a, c, dd and i Clause 1 Article 28 of the Law on Actions against administrative violations and Clause 2 Article 3 of this Decree.”

30. Article 40d is added as follows:

 “Article 40d. The power to impose penalties of the coastguard

1. Coastguard officers in the performance of their duty are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 1.500,000 for violations against regulations on chemicals, fertilizers and industrial explosives;

3. Coastguard team leaders are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 5,000,000 for violations against regulations on chemicals, fertilizers and industrial explosives;

3. Coastguard squad leaders and captains of coastguard stations are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 10,000,000 for violations against regulations on chemicals, fertilizers and industrial explosives;

c) Enforce remedial measures specified in Points a, c and dd Clause 1 Article 28 of the Law on Actions against administrative violations.

4. Commanders of coastguard platoons are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 10,000,000 for violations against regulations on chemicals; VND 25,000,000 for violations against regulations on fertilizers and industrial explosives;

c) Confiscate exhibits and equipment used for violation commitment whose value does not exceed the fine specified in Point b of this Clause;

d) Enforce remedial measures specified in Points a, c, d and dd Clause 1 Article 28 of the Law on Actions against administrative violations and Clause 2 Article 3 of this Decree.

5. Commanders of coastguard fleets are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 15,000,000 for violations against regulations on chemicals; VND 50,000,000 for violations against regulations on fertilizers and industrial explosives;

c) Confiscate exhibits and equipment used for violation commitment whose value does not exceed the fine specified in Point b of this Clause;

d) Enforce remedial measures specified in Points a, c, d and dd Clause 1 Article 28 of the Law on Actions against administrative violations and Clause 2 Article 3 of this Decree.

6. Commanders of regional coastguard command centers are entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 25,000,000 for violations against regulations on chemicals; VND 50,000,000 for violations against regulations on fertilizers and industrial explosives;

c) Confiscate exhibits and equipment used for violation commitment whose value does not exceed the fine specified in Point b of this Clause;

d) Enforce remedial measures specified in Points a, c, d and dd Clause 1 Article 28 of the Law on Actions against administrative violations and Clause 2 Article 3 of this Decree.

7. Commander of Coastguard Headquarters is entitled to:

a) Issue warnings;

b) Impose a maximum fine of VND 50,000,000 for violations against regulations on chemicals; VND 100,000,000 for violations against regulations on fertilizers and industrial explosives;

c) Suspend violators’ operation, licenses and certificates specified in Clause 1 Article 3 of this Decree;

d) Confiscate exhibits and equipment used for violation commitment;

dd) Enforce remedial measures specified in Points a, b, c, d and dd Clause 1 Article 28 of the Law on Actions against administrative violations and Clause 2 Article 3 of this Decree.”

31. Article 40dd is added as follows:

 “Article 40dd. Distribution of power of the police, customs, specialized inspectors, the coastguard and the border guard

1. Police officers have the power to impose penalties and enforce remedial measures for all administrative violations specified in this Decree specified within the power specified in Article 40 of this Decree and within the scope of their functions, tasks, and entitlements.

2. Customs officials have the power to impose penalties and enforce remedial measures for violations against regulations on export, import, services related to export and import of chemicals, fertilizers and industrial explosives specified in Point a Clause 2 Article 12; Points  a, b, d, dd Clause 2 and Clause 3 of Article 17; Points b, c, d, dd Clause 1 of Article 18; Article 23; Clause 4, Point a Clause 6 of Article 35 of this Decree within the power specified in Article 40a of this Decree and the scope of their functions, tasks, and entitlements.

3. Inspectors have the power to impose penalties and enforce remedial measures for all administrative violations specified in this Decree specified within the power specified in Article 39 of this Decree and within the scope of their functions, tasks, and entitlements.

4. The border guard officers have the power to impose penalties and enforce remedial measures for administrative violations against regulations on chemicals, fertilizers and industrial explosives specified in Article 40c of this Decree and within the scope of their functions, tasks, and entitlements.

5. The coastguard officers have the power to impose penalties and enforce remedial measures for administrative violations against regulations on chemicals, fertilizers and industrial explosives specified in Article 40c of this Decree and within the scope of their functions, tasks, and entitlements.”

Article 2. Abrogated regulations

Article 22, Article 26, Article 27, Article 28 of Decree No. 163/2013/ND-CP.

Article 3. Effect

This Decree comes into force from September 15, 2016.

Article 4. Responsibility for implementation

1. The Minister of Industry and Trade, the Minister of Agriculture and Rural development and the Minister of Health are responsible for monitoring and the implementation of this Decree.

2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, Presidents of the People’s Committees of central-affiliated cities and provinces, relevant organizations and individuals are responsible for the implementation of this Decree./.