Nghị định 08/2011/ND-CP

DECREE

ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS OF ANIMAL FEED

THE GOVERNMENT

Pursuant to the Law on Government organization dated December 25, 2001;

Pursuant to the Ordinance on Handling administrative violations 2002, and the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations in  2008;

Pursuant to the Government's Decree No. 08/2010/NĐ-CP dated February 05, 2010 on the management of animal feed;

At the proposal of the Minister of Agriculture and Rural development,

DECREES

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree prescribes the penalties for administrative violations of animal feed.

2. the administrative violations of animal feed include:

a) Violations of provisions on producing and processing animal feed;

b) Violations of provisions on trading and using animal feed;

c) Violations of provisions on importing animal feed;

d) Violations of provisions on testing animal feed;

dd) Obstructing the State management of animal feed.

3. For the acts of violations related to the management of animal feed not being prescribed in this Decree, other the Government's Decrees on penalties for administrative violations of relevant State management shall apply.

Article 2. Subjects of application

1. This Decree is applicable to domestic organizations and individuals, foreign organizations and individuals engaged in animal feed business that commit administrative violations in Vietnam shall be penalized as prescribed in this Decree, unless the International Agreements to which Vietnam is a signatory prescribe otherwise.

2. Minors committing the administrative violations prescribed in this Decree shall be penalized as prescribed in Article 7 of the Ordinance on Handling administrative violations 2002.

Article 3. Interpretation of terms

The terms in this Decree are construed as follows:

1. Main substances are substances in animal feed ingredients that must be announced as prescribed by the Ministry of Agriculture and Rural development.

2. Fake animal feed is animal feed that show one of the following signs:

a) The main substance content only makes up 70% percent of the minimum amount, or exceeds 20% or more of the maximum amount of the announced facts

b) Faking the label, name, address, and package of another animal feed;

c) Faking the intellectual property as prescribed in Article 213 of the Law on Intellectual property.

Article 4. Principles for imposition of penalties for administrative violations

The imposition of penalties for administrative violations of animal feed must comply with Article 3 of the Ordinance on Handling administrative violations 2002 and Article 3 of the Government's Decree No. 128/2008/ND-CP dated December 16, 2008 detailing the implementation of a number of articles of the Ordinance on Handling administrative violations 2002, and the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations 2008 (hereinafter referred to as the Ordinance on Handling administrative violations).

Article 5. Mitigating and aggravating circumstances

The mitigating circumstances and aggravating circumstances in the imposition of penalties for the administrative violations prescribed in Chapter II of this Decree must comply with Article 8 and Article 9 of the Ordinance on Handling administrative violations and Article 6 of the Government's Decree No. 128/2008/ND-CP dated December 16, 2008 detailing the implementation of a number of articles of the Ordinance on Handling administrative violations.

Article 6. Statute of limitations

1. The statute of limitations for imposing penalties for administrative violations of animal feed is 01 year as from the administrative violation is committed; for administrative violations related to importing, producing, processing and trading fake animal feed and animal feed that contain prohibited substances in the List of substances banned from production and circulation ins Vietnam, the statute of limitations is 02 years.

If the administrative violation is not detected after such periods, the penalties shall not be imposed, but the remedial measures prescribed in this Decree must be taken.

2. The determination of statute of limitations for handling administrative violations is specified in Article 8 of the Government's Decree No. 128/2008/ND-CP dated December 16, 2008 detailing the implementation of a number of articles of the Ordinance on Handling administrative violations.

3. The persons competent to impose penalties that let the statute of limitations goes past shall be handled as prescribed in Article 121 of the Ordinance on Handling administrative violations.

Article 7. Period considered not being administrative penalized

If organizations and individuals that incur penalties for administrative violations of animal feed do not recommit the violations after 01 year as from completely implementing the decision on imposing penalties or after the statute of limitations goes past, they shall be considered not incurring penalties for administrative violations.

Article 8. Forms of penalties and remedial measures

1. For each acts of administrative violations, the violating organizations and individuals must incur one of the following forms of penalties:

a) Warnings;

b) Fines.

2. Depending on the nature and extent of violations, organizations and individuals that commit administrative violations of animal feed may have to incur one of some of the following forms of additional penalties:

c) Deprive the right to use Licenses and practice certificates temporarily or indefinitely;

b) Confiscating the exhibits and means of administrative violations.

3. Apart from the forms of penalties prescribed in Clause 1 and Clause 2 this Article, organizations and individuals that commit administrative violations may have to take the remedial measures as follows:

a) Recalling and reprocessing the substandard animal feed;

b) Paying compensation for the damage caused by the acts of administrative violations;

c) Destructing the animal feed that harm human health, domestic animals, and cause environment pollution;

d) Taking out of Vietnam or re-exporting the animal feed outside the List of animal feed allowed to be circulated in Vietnam.

Chapter 2.

ACTS OF ADMINISTRATIVE VIOLATIONS, FORMS AND RATES OF PENALTIES

Article 9. Violations of provisions on the conditions for producing and processing animal feed

1. Fines of from 5,000,000 VND to 10,000,000 VND for facilities that produce or process animal feed without waste treatment system and cause environment pollution as prescribed by law provisions on environment protection.

2. Fines of from 10,000,000 VND to 15,000,000 VND for facilities that produce or process animal feed without competent technicians at intermediate level or above that satisfy the requirements for production technology and quality control of animal feed.

3. Fines of from 10,000,000 VND to 15,000,000 VND for facilities that produce or process animal feed without a test lab to test the animal feed quality, or without hiring a test lab accredited by competent State agencies.

4. Fines of from 20,000,000 VND to 25,000,000 VND for facilities that produce or process animal feed without sufficient equipment as prescribed by the Ministry of Agriculture and Rural development.

5. Fines of from 25,000,000 VND to 30,000,000 VND for facilities that produce or process animal feed without a workshop as prescribed by the Ministry of Agriculture and Rural development.

6. Fines of from 30,000,000 VND to 40,000,000 VND for producing or processing animal feed without the Business registration certificate of animal feed production and processing.

7. Remedial measures

Organizations and individuals that commit one of the acts prescribed in this Clause must satisfy the conditions for animal feed production and processing as prescribed within 6 months If the conditions are not satisfied after 06 months, the operation must be suspended until the conditions for animal feed production and processing are satisfied.

Article 10. Violations of provisions on producing and processing animal feed

1. Fines of from 5,000,000 VND to 10,000,000 VND for facilities that produce or process animal feed without keeping the test results or product samples.

2. Fines of from 10,000,000 VND to 15,000,000 VND for facilities that produce or process animal feed without the announcing the quality standards.

3. Fines of from 20,000,000 VND to 30,000,000 VND for producing or processing animal feed outside the List of animal feed allowed to be circulated in Vietnam.

4. The production or processing of animal feed of which the main substance content only makes up 91% - 98% of the announced minimum amount, or exceed 10% - 13% of the announced maximum amount shall be fined as follows:

a) Fines of from 3,000,000 VND to under 5,000,000 VND for batches valued at under 10,000,000 VND;

b) Fines of from 5,000,000 VND to under 10,000,000 VND for batches valued at from 10,000,000 VND to under 30,000,000 VND;

c) Fines of from 10,000,000 VND to under 15,000,000 VND for batches valued at from 30,000,000 VND to under 50,000,000 VND;

d) Fines of from 15,000,000 VND to under 20,000,000 VND for batches valued at from 50,000,000 VND to under 70,000,000 VND;

dd) Fines of from 20,000,000 VND to under 26,000,000 VND for batches valued at from 70,000,000 VND to under 100,000,000 VND;

e) Fines of from 26,000,000 VND to 32,000,000 VND for batches valued at 100,000,000 VND or above.

5. The production or processing of animal feed of which the main substance content only makes up from 85% to under 91% of the announced minimum amount, or exceed from 13% to under 16% of the announced maximum amount shall be fined as follows:

a) Fines of from 4,000,000 VND to under 7,000,000 VND for batches valued at under 10,000,000 VND;

b) Fines of from 7,000,000 VND to under 12,000,000 VND for batches valued at from 10,000,000 VND to under 30,000,000 VND;

c) Fines of from 12,000,000 VND to under 17,000,000 VND for batches valued at from 30,000,000 VND to under 50,000,000 VND;

d) Fines of from 17,000,000 VND to under 22,000,000 VND for batches valued at from 50,000,000 VND to under 70,000,000 VND;

dd) Fines of from 22,000,000 VND to under 28,000,000 VND for batches valued at from 70,000,000 VND to under 100,000,000 VND;

e) Fines of from 28,000,000 VND to 35,000,000 VND for batches valued at 100,000,000 VND or above.

6. The production or processing of animal feed of which the main substance content only makes up from 70% to under 85% of the announced minimum amount, or exceed from 16% to under 20% of the announced maximum amount shall be fined as follows:

a) Fines of from 5,000,000 VND to under 8,000,000 VND for batches valued at under 10,000,000 VND;

b) Fines of from 8,000,000 VND to under 13,000,000 VND for batches valued at from 10,000,000 VND to under 30,000,000 VND;

c) Fines of from 13,000,000 VND to under 18,000,000 VND for batches valued at from 30,000,000 VND to under 50,000,000 VND;

d) Fines of from 18,000,000 VND to under 23,000,000 VND for batches valued at from 50,000,000 VND to under 70,000,000 VND;

dd) Fines of from 23,000,000 VND to under 30,000,000 VND for batches valued at from 70,000,000 VND to under 100,000,000 VND;

e) Fines of from 30,000,000 VND to 38,000,000 VND for batches valued at 100,000,000 VND or above.

7. Fines of from 35,000,000 VND to 40,000,000 VND for keeping producing or processing animal feed while being suspended by competent State agencies.

8. Forms of additional penalties

Confiscating all the animal feed that violates Clause 3 and 7 this Article.

9. Remedial measures

a) Keeping the product samples, announcing the quality standards as prescribed, applicable to the violations prescribed in Clause 1 and 2 this Article;

b) Recalling and reprocessing all the violating animal feed to ensure the announced quality standards, applicable to the violations prescribed in Clause 4, 5 and 6 this Article;

c) Destructing all the animal feed that violates Clause 3 and 7 this Article. The violating organizations and individuals must incur the expense on the destruction;

d) Facilities that produce or process animal feed must pay compensation to the users of the animal feed that violates Clause 4, 5 and 6 this Article.

Article 11. Violations of provisions on the conditions for trading animal feed

1. Warnings or fines of from 1,000,000 VND to 2,000,000 VND for facilities producing or processing animal feed without a distinct address, signboard, or store.

2. Fines of from 3,000,000 VND to 5,000,000 VND for trading facilities that commit one of the following acts:

a) Not having appropriate tools, equipment, and devices to separately store or transport various kinds of products;

b) The trading location does not satisfy the conditions for animal feed quality, hygiene and safety as prescribed by law.

3. Fines of from 5,000,000 VND to 10,000,000 VND for trading animal feed without the Business registration certificate of the type of animal feed issued by competent State agencies.

4. Remedial measures

Within 2 months, the organizations and individuals that violate Clause 1, 2 and 3 this Article must satisfy the conditions for trading animal feed as prescribed. If such conditions are not satisfied after 02 months, the operation must be suspended until the conditions for trading animal feed are satisfied.

Article 12. Violations of provisions on trading animal feed

1. The trade of animal feed of which the production or processing has been suspended by competent State agencies shall be fined as follows:

a) Fines of from 1,000,000 VND to under 5,000,000 VND for batches valued at under 20,000,000 VND;

b) Fines of from 5,000,000 VND to under 10,000,000 VND for batches valued at from 20,000,000 VND to under 60,000,000 VND;

c) Fines of from 10,000,000 VND to 15,000,000 VND for batches valued at 60,000,000 VND or above.

2. Fines of from 15,000,000 VND to 20,000,000 VND for trading animal feed outside the List of animal feed allowed to be circulated in Vietnam.

3. The trade of animal feed of which the main substance content only makes up 91% - 98% of the announced minimum amount, or exceed 10% - 13% of the announced maximum amount shall be fined as follows:

a) Fines of from 2,000,000 VND to under 4,000,000 VND for batches valued at under 10,000,000 VND;

b) Fines of from 4,000,000 VND to under 8,000,000 VND for batches valued at from 10,000,000 VND to under 30,000,000 VND;

c) Fines of from 8,000,000 VND to under 12,000,000 VND for batches valued at from 30,000,000 VND to under 50,000,000 VND;

c) Fines of from 12,000,000 VND to under 16,000,000 VND for batches valued at from 50,000,000 VND to under 70,000,000 VND;

dd) Fines of from 16,000,000 VND to under 20,000,000 VND for batches valued at from 70,000,000 VND to under 100,000,000 VND;

e) Fines of from 20,000,000 VND to 25,000,000 VND for batches valued at 100,000,000 VND or above.

4. The trade of animal feed of which the main substance content only makes up from 85% to under 91% of the announced minimum amount, or exceed from 13% to under 16% of the announced maximum amount shall be fined as follows:

a) Fines of from 3,000,000 VND to under 6,000,000 VND for batches valued at under 10,000,000 VND;

b) Fines of from 6,000,000 VND to under 10,000,000 VND for batches valued at from 10,000,000 VND to under 30,000,000 VND;

c) Fines of from 10,000,000 VND to under 14,000,000 VND for batches valued at from 30,000,000 VND to under 50,000,000 VND;

d) Fines of from 14,000,000 VND to under 18,000,000 VND for batches valued at from 50,000,000 VND to under 70,000,000 VND;

dd) Fines of from 18,000,000 VND to under 24,000,000 VND for batches valued at from 70,000,000 VND to under 100,000,000 VND;

e) Fines of from 24,000,000 VND to 30,000,000 VND for batches valued at 100,000,000 VND or above.

5. The trade of animal feed of which the main substance content only makes up from 70% to under 85% of the announced minimum amount, or exceed from 16% to under 20% of the announced maximum amount shall be fined as follows:

a) Fines of from 4,000,000 VND to under 8,000,000 VND for batches valued at under 10,000,000 VND;

b) Fines of from 8,000,000 VND to under 12,000,000 VND for batches valued at from 10,000,000 VND to under 30,000,000 VND;

c) Fines of from 12,000,000 VND to under 16,000,000 VND for batches valued at from 30,000,000 VND to under 50,000,000 VND;

d) Fines of from 16,000,000 VND to under 20,000,000 VND for batches valued at from 50,000,000 VND to under 70,000,000 VND;

dd) Fines of from 20,000,000 VND to under 26,000,000 VND for batches valued at from 70,000,000 VND to under 100,000,000 VND;

e) Fines of from 26,000,000 VND to 32,000,000 VND for batches valued at 10,000,000 VND or above.

6. Forms of additional penalties

Confiscating all the animal feed that violates Clause 1 and 2 this Article.

7. Remedial measures

a) Destructing all the animal feed that violates Clause 1 and 2 this Article. The violating organizations and individuals must incur the expense on the destruction.

b) Reprocessing all the violating animal feed to ensure the announced quality standards, applicable to the violations prescribed in Clause 3, 4 and 5 this Article.

Article 13. Violations of provisions on producing and processing fake animal feed

1. The production and processing of fake animal feed prescribed in Point a Clause 3 Article 3 of this Decree shall be fined as follows:

a) Fines of from 12,000,000 VND to under 18,000,000 VND for batches to which the corresponding real ones are valued at under 20,000,000 VND;

b) Fines of from 18,000,000 VND to under 25,000,000 VND for batches to which the corresponding real ones are valued at from 20,000,000 VND to under 40,000,000 VND;

c) Fines of from 25,000,000 VND to under 35,000,000 VND for batches to which the corresponding real ones are valued at from 40,000,000 VND to under 70,000,000 VND;

a) Fines of from 35,000,000 VND to 40,000,000 VND for batches to which the corresponding real ones are valued at 70,000,000 VND or above.

2. Forms of additional penalties

Confiscating all the fake animal feed.

3. Remedial measures

a) Recalling and destructing all the fake animal feed. The violating organizations and individuals must incur the expense on the destruction;

b) Facilities that produce or process violating animal feed must pay compensation to users.

Article 14. Violations of provisions on trading fake animal feed

1. The trade of fake animal feed prescribed in Point a Clause 3 Article 3 of this Decree shall be fined as follows:

a) Fines of from 10,000,000 VND to under 15,000,000 VND for batches to which the corresponding real ones are valued at under 20,000,000 VND;

b) Fines of from 15,000,000 VND to under 20,000,000 VND for batches to which the corresponding real ones are valued at from 20,000,000 VND to under 40,000,000 VND;

c) Fines of from 20,000,000 VND to under 27,000,000 VND for batches to which the corresponding real ones are valued at from 40,000,000 VND to under 70,000,000 VND;

a) Fines of from 27,000,000 VND to 35,000,000 VND for batches to which the corresponding real ones are valued at 70,000,000 VND or above.

2. Forms of additional penalties

Confiscating all the fake animal feed.

3. Remedial measures

Destructing the fake animal feed. The violating organizations and individuals must incur the expense on the destruction.

Article 15. Violations of provisions on producing, processing, trading, and using prohibited substances in breeding

1. Fines of from 1,000,000 VND to 5,000,000 VND for small breeding facilities using prohibited substances in the List of substances banned from production and circulation in Vietnam.

For large breeding farms the fines are 5 times higher.

2. Fines of from 30,000,000 VND to 40,000,000 VND for using prohibited substances in the List of substances banned from production and circulation in Vietnam to produce, process, or trade animal feed.

3. Forms of additional penalties

a) Confiscating all the prohibited substances and animal feed that contains prohibited substances;

b) Depriving the right to use License to produce, process or trade for 6 months when recommitting the acts of violations prescribed in Clause 2 this Article.

4. Remedial measures

Recalling and destructing all the prohibited substances and animal feed that contains prohibited substances. The violating organizations and individuals must incur the expense on the destruction.

Article 16. Violations of provisions on importing animal feed

1. Fines of from 10,000,000 VND to 20,000,000 VND for importing substandard animal feed as prescribed by the Ministry of Agriculture and Rural development.

2. Fines of from 20,000,000 VND to 30,000,000 VND for importing animal feed outside the List of animal feed allowed to be circulated in Vietnam.

3. Fines of from 30,000,000 VND to 40,000,000 VND for importing animal feed that contains prohibited substances in the List of substances banned from production and circulation in Vietnam.

4. Forms of additional penalties

Confiscating all the animal feed that violates this Article.

5. Remedial measures

Re-exporting or destructing all the imported animal feed that violates this Article. The violating organizations and individuals must incur the expense on the re-export or destruction.

Article 17. Violations of provisions on testing animal feed

1. The acts of violations committed by facilities testing animal feed shall be fined as follows:

a) Fines of from 1,000,000 VND to 3,000,000 VND for facilities that fail to ensure veterinary hygiene and environmental hygiene;

b) Fines of from 3,000,000 VND to 5,000,000 VND for facilities that produce or processing animal feed without competent technicians that have corresponding Bachelor’s degrees in breeding or fishery;

c) Fines of from 5,000,000 VND to 10,000,000 VND for facilities that do not have appropriate equipment for testing food.

d) Fines of from 10,000,000 VND to 15,000,000 VND for testing facilities that have not registered with competent State management agencies.

2. Fines of from 10,000,000 VND to 20,000,000 VND for testing facilities that fail to comply with the testing contents and procedures prescribed by the Ministry of Agriculture and Rural development.

3. Fines of from 20,000,000 VND to 30,000,000 VND for inaccurately announcing the test results.

4. Remedial measures

a) Satisfying the conditions, applicable to the acts of violations prescribed in Clause 1 this Article.

b) Retesting and incurring all the testing expenses, applicable to the acts of violations prescribed in Clause 2 this Article.

Article 18. Obstructing the State management of animal feed.

1. Fines of from 1,000,000 VND to 5,000,000 VND for not complying with the request from competent agencies.

2. Fines of from 5,000,000 VND to 10,000,000 VND for obstructing persons in charge of the management of animal feed.

Chapter 3.

AUTHORITY AND PROCEDURES FOR IMPOSING PENALTIES FOR ADMINISTRATIVE VIOLATIONS OF ANIMAL FEED

Article 19. Principles for determining authority to impose penalties for administrative violations

The principles for determining authority to impose penalties for administrative violations are specified in Article 42 of the Ordinance on Handling administrative violations.

Article 20. Responsibility of competent persons for the imposition of penalties for administrative violations

1. When discovering administrative violations, the officers on duty must make records and stop the acts of violations, the person competent to impose administrative violations shall impose penalties for administrative violations in accordance with the procedures prescribed in Chapter VI of the Ordinance on Handling administrative violations. If the violations is ultra vires, the violation dossier must be transfer to a competent person.

2. It is prohibited to cover violations, obstruct the penalty imposition, administrative penalize violations that denote crimes, or splitting the violation to impose penalties intra vires.

3. The penalties imposed ultra vires, or on incorrect subjects, or for incorrect acts; the incorrect forms, rates, and remedial measures, the penalties imposed in contravention of the statute of limitations and deadline, must be corrected or annulled.

Article 21. Authority to impose penalties

1. Authority to impose penalties for administrative violations of Presidents of People’s Committees at all levels.

a) The Presidents of commune-level People’s Committees are entitled to impose penalties for the administrative violations prescribed in this Decree that are committed locally as prescribed in Article 28 of the Ordinance on Handling administrative violations;

b) The Presidents of the district-level People’s Committees are entitled to impose penalties for the administrative violations prescribed in this Decree that are committed locally as prescribed in Article 29 of the Ordinance on Handling administrative violations;

c) The Presidents of the provincial People’s Committees are entitled to impose penalties for the administrative violations prescribed in this Decree that are committed locally as prescribed in Article 30 of the Ordinance on Handling administrative violations;

2. Authority to impose penalties of specialized inspectors

Specialized inspectors are entitled to impose penalties for the administrative violations prescribed in this Decree and other Decrees related to their management as prescribed in Article 38 of the Ordinance on Handling administrative violations.

3. Authority to impose penalties for administrative violations of other forces

When the Police, the Customs, and Market management agencies detect administrative violations of producing, trading, exporting and importing animal feed, they are entitled to impose penalties for administrative violations as prescribed by the Ordinance on Handling administrative violations and this Decree.

Article 22. Procedures for imposing penalties, handling exhibits and means of administrative violations, and implementing decisions on penalties

1. The procedures for imposing penalties for administrative violations of animal feed are specified in the Ordinance on Handling administrative violations.

2. All penalized acts of administrative violations must be recorded in writing and kept at the agencies that impose penalties for a certain period prescribed by law.

The records and decisions on imposing penalties must comply with the procedures prescribed in the Ordinance on Handling administrative violations.

3. The fines and fine payment must comply with the procedures prescribed in Article 58 of the Ordinance on Handling administrative violations.

4. The procedures for depriving the right to use the practice certificate of animal feed is specified in Article 59 of the Ordinance on Handling administrative violations.

5. The procedures for confiscating and handling exhibits and means of administrative violations of animal feed are specified in Article 60 of the Ordinance on Handling administrative violations.

6. If the organizations and individuals that commit administrative violations fail to implement the remedial measures, or disappear, and the remedial measures are necessary for environment protection and social security, the competent management agency may use the budget allocated from the State budget to implement such remedial measures. If the organizations and individuals that commit administrative violations return the  implement such remedial measures.

Article 23. Transferring decisions on penalties for administrative violations

1. If an organization or individual commits acts of administrative violations in one locality and resides in another so that the decision on imposing penalties for administrative violations in cannot be implemented in the imposing locality, the decision on penalty imposition shall be transferred to an agency competent to impose penalties for administrative violations in the locality where the individual resides or the head office is situated; if the locality where the individual resides or the head office is situated has no agency competent to impose penalties for administrative violations, the decision on penalty imposition shall be transferred to the district-level People’s Committee for implementation. The documents of penalties for administrative violations shall be kept by the agency that signs the decision.

2. The agency that receives the transferred decision on imposing penalties for administrative violations must give such decision and organize the implementation for the penalized organizations and individuals as prescribed in Article 64 of the Ordinance on Handling administrative violations, and notify the results to the transferring agency.

3. The transfer of decisions on penalties for administrative violations is only to collect fines. The forms of penalties and remedial measures (if any) must be implemented at the location of violation. If the subject fails to voluntarily implement, or is not able to implement the remedial measures (if any), the expense on such implementation must be specified in the decision on penalty imposition for transferring.

Article 24. Implementation of measures for preventing and penalizing administrative violations

1. The measures for preventing administrative violations and penalizing administrative violations of animal feed

The person imposing fines for administrative violations of animal feed is entitled to impound the papers related to the vehicles and the professional certificates until the decision on penalty imposition is implemented. If the violating organization or individual does not have such papers, the person competent to impose penalties for administrative violations is entitled to request the violating organization or individual to take the vehicle to the parking lot for settlement or impound the vehicles intra vires.

If the violating organization or individual does not have such papers, the person competent to impose penalties for administrative violations is entitled to request the violating organization or individual to take the vehicle to the parking lot for settlement, or impound the vehicles intra vires.

2. The authority and procedures for implementing measures for preventing and penalizing administrative violations of animal feed are specified in the Ordinance on Handling administrative violations.

Article 25. Handling violations committed by persons competent to impose penalties for administrative violations

Persons competent to impose penalties for administrative violations of animal feed that press demands, tolerate, or cover violations, fail to handle or promptly handle violations, impose penalties ultra vires, on incorrect subjects, for incorrect acts of violations, impose incorrect forms or rates of violations; appropriate money, goods, or exhibits, or means of violations; obstruct the lawful circulation of goods, cause damage to traders, shall be liable to disciplinary actions, criminal prosecution, and pay compensation as prescribed by law, depending on the nature and extent of violations.

Article 26. The form of Records and Decisions used to impose penalties for administrative violations

The form of Records and Decisions used to impose penalties for administrative violations of animal feed are promulgated together with this Decree.

Chapter 4.

IMPLEMENTATION PROVISIONS

Article 27. Effects

This Decree takes effect on March 15, 2011.

Article 28. Implementation responsibilities

1. The Minister of Agriculture and Rural development is responsible for guiding and organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of central-affiliated cities and provinces are responsible for implementing this Decree.