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THE GOVERNMENT
OF VIET NAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 214/2026/ND-CP
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Hanoi, June 18, 2026
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DECREE
PRESCRIBING PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN THE
FIELDS OF CROP PRODUCTION, PLANT PROTECTION AND PLANT QUARANTINE
Pursuant to the Law on
Government Organization No. 63/2025/QH15;
Pursuant to the Law on
Handling of Administrative Violations No. 15/2012/QH13, as amended by the Law
No. 54/2014/QH13, the Law No. 18/2017/QH14, the Law No. 67/2020/QH14, the Law
No. 09/2022/QH15, the Law No. 11/2022/QH15 and the Law No. 88/2025/QH15;
Pursuant to the Law on
Plant Protection and Plant Quarantine No. 41/2013/QH13, as amended by the Law
No. 146/2025/QH15;
Pursuant to the Law on
Crop Production No. 31/2018/QH14, as amended by the Law No. 146/2025/QH15;
Pursuant to the Law on
Intellectual Property No. 50/2005/QH11, as amended by Law No. 36/2009/QH12, Law
No. 42/2019/QH14, Law No. 07/2022/QH15, Law No. 93/2025/QH15 and Law No.
131/2025/QH15;
At the request of the
Minister of Agriculture and Environment of Viet Nam;
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Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Decree deals with
administrative violations in the fields of crop production, plant protection
and plant quarantine; completed administrative violations and ongoing
administrative violations; penalties, fines, and remedial measures for each
administrative violation; entities incurring penalties; power to impose
penalties, specific fines imposed by each title holder, and power to make
records of administrative violations; and the implementation of penalties and
remedial measures for administrative violations in the fields of crop
production, plant protection and plant quarantine.
2. Handling of
administrative violations in the fields of crop production, plant protection
and plant quarantine that are not provided for in this Decree shall comply with
Government's Decrees prescribing penalties for administrative violations in
other relevant fields of state management.
Article 2. Regulated
entities
1. This Decree applies to
Vietnamese organizations and individuals and foreign organizations and
individuals (hereinafter referred to as “entities”) that commit administrative
violations in the fields of crop production, plant protection and plant
quarantine in the territory of Viet Nam, and to persons having the power to
make records of administrative violations and persons having the power to
impose administrative penalties under this Decree.
2. The organizations
referred to in clause 1 of this Article include:
a) Regulatory authorities
committing the violations which are not related to their assigned management
tasks;
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c) Social organizations,
socio-political organizations, socio-political-professional organizations, and
socio-professional organizations;
d) Artels, cooperatives,
and cooperative unions;
dd) Enterprises that are
duly established and operating under the law of Viet Nam; branches and
representative offices of foreign enterprises operating in Viet Nam; and
representative offices of foreign trade promotion organizations in Viet Nam;
e) Other organizations
established in accordance with regulations of law.
3. Penalties imposed upon
a family household, household business shall be same as those imposed upon an
individual for committing the same administrative violation specified in this
Decree.
Article 3. Prescriptive
periods for imposing administrative penalties
The prescriptive period
for imposing administrative penalties in the fields of crop production, plant
protection and plant quarantine is 01 year, except in the following cases, in
which the prescriptive period for imposing administrative penalties is 02 years:
1. Administrative
violations concerning intellectual property (protection of rights to plant
varieties) specified in Articles 18 and 19 of this Decree.
2. Administrative
violations concerning the production, trading, export or import of plant
varieties, fertilizers, plant protection products, plants and plant products
specified in Articles 11, 12, 15, 16, 22, 23, 24, 31, 35, 36 and 39 of this
Decree.
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1. Primary penalties:
When committing any
administrative violation in the fields of crop production, plant protection and
plant quarantine, the violating entity shall incur one of the following primary
penalties:
a) Warning;
b) Fine.
2. Additional penalties:
Depending on the nature
and severity of each administrative violation, the violating entity may also
incur one or more of the following additional penalties:
a) Suspension, for a fixed
period, of: certificate of completion of
professional training in seed crop field inspection; certificate of completion
of professional training in sampling of plant propagating materials; import
permit for plant varieties; certificate of eligibility for fertilizer
production; import permit for fertilizers; decision on recognition of a
fertilizer field testing organization or decision on recognition of an
organization qualified to conduct fertilizer field testing; practicing
certificate for treatment of articles subject to plant quarantine; decision on
recognition of a plant protection product testing organization; certificate of
eligibility for production of plant protection products; certificate of eligibility
for trading of plant protection products; or import permit for plant protection
products;
b) Suspension of
operations for a fixed period;
c) Confiscation of the
exhibits and instrumentalities for committing administrative violations.
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a) Enforced submission of
additional retained samples, provision of retained samples, or retention of
samples in accordance with applicable regulations;
b) Enforced return of the
plant variety protection certificate to the competent authority or person that
issued the certificate;
c) Enforced destruction or repurposing of plant varieties;
d) Enforced destruction of plants, plant products, beneficial
organisms, fertilizers, plant protection products, plant varieties and hybrid
seeds of plant varieties;
dd) Enforced retention of plant variety testing results in
accordance with applicable regulations;
e) Enforced invalidation of testing results; invalidation of
testing results and recall and destruction of the relevant dossiers and
documents; invalidation of the results of sampling of plant propagating materials;
invalidation of the results of seed lot inspections; invalidation of the
results of quality analysis and testing of plant propagating materials;
invalidation of fertilizer sampling results; or invalidation of the results of
fertilizer quality testing;
g) Enforced re-conduct of testing;
h) Enforced submission of reports on import and use of plant
varieties to the relevant competent authority in accordance with applicable
regulations;
i) Enforced recall of fertilizers for re-testing; enforced
reprocessing of finished plant protection products that are capable of being
reprocessed;
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l) Enforced recall and destruction of papers, records and
documents;
m) Enforced return of decisions, certificates, permits, notices
or practicing certificates that have been erased or altered to the competent
authority or person that issued the respective decision, certificate, permit,
notice or practicing certificate;
n) Enforced compliance with pest control measures upon issuance
of a decision on declaration of a plant pest outbreak;
o) Enforced application of pest prevention and control measures
in accordance with applicable regulations; enforced treatment of wood packaging
material in accordance with applicable regulations;
p) Enforced comprehensive treatment of articles subject to
plant quarantine that are infested with quarantine pests, pests subject to
control or alien pests;
q) Enforced transfer of consignments of plants with soil
attached to a plant quarantine isolation facility for post-entry plant
quarantine monitoring in accordance with applicable laws and regulations;
r) Enforced declaration to the agency
in charge of post-entry plant quarantine for
the purpose of carrying out monitoring at the isolation facility in accordance
with applicable laws and regulations;
Article 5. Fines and
power to impose fines
1. The maximum fine
imposed for an administrative violation committed by an individual in the
fields of crop production (except fertilizers), plant protection and plant
quarantine is VND 50.000.000.
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3. The fines prescribed in
Chapters II, III and IV of this Decree are those imposed on violating
individuals. The fine imposed on an organization is twice as much as that
imposed on an individual for committing the same administrative violation.
4. The fines imposed by a
title holder prescribed in Chapter V of this Decree are those imposed for an
administrative violation committed by an individual. A title holder may impose
on an organization that is twice as much as the one such title holder imposes
on an individual for committing the same violation.
Article 6. Completed
and ongoing administrative violations, and penalties for repeated
administrative violations
1. The determination of
whether an administrative violation has been completed or is ongoing shall
comply with the provisions of the Government’s Decree elaborating and providing
measures for implementation of the Law on Handling of Administrative Violations.
2. Penalties for repeated
administrative violations:
a) An entity that
repeatedly commits an administrative violation other than those specified in
point b of this clause shall incur penalties for each commission of the
violation, and such repeated commission of the violation shall not be
considered as an aggravating circumstance when issuing the penalty imposition
decision;
b) An entity that
repeatedly commits any of the violations specified in clauses 1 and 2 Article
9; Article 10; clauses 1, 2 and 3 Article 13; Article 14; Article 20; points c
and d clause 2 and clause 3 Article 22; Article 26; clauses 1 and 2 Article 27;
clause 2 Article 28; clauses 3, 4 and 5 Article 30; points b and c clause 1
Article 34; point b clause 4 Article 36; Article 37; and point a clause 2
Article 40 of this Decree, shall not incur penalties for each commission of the
violation; instead, such repeated commission of the violation shall be
considered as an aggravating circumstance when issuing the penalty imposition
decision.
Article 7.
Implementation of penalties and remedial measures, and determination of illegal
profits obtained from administrative violations
1. The implementation of
penalty imposition decisions shall comply with provisions of Section 2 Chapter
III Part two of the Law on Handling of Administrative Violations and the
Government’s Decree elaborating and providing measures for implementation of
the Law on Handling of Administrative Violations.
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3. Illegal profits
obtained from an administrative violation as prescribed in this Decree are
objects, money, valuable papers or other assets that the violating entity
obtains from the violation, and are determined as follows:
a) The amount of illegal
monetary profits obtained from an administrative violation shall be the total
amount of money received by the violating entity from the violation and shall
be calculated as the proceeds from the transfer or sale of goods, or the
provision of services, in violation of applicable laws, less the direct costs
attributable to such goods or services, as evidenced by lawful and valid
records and supporting documents provided by the violating entity. In cases
involving the transfer or sale of goods, or the provision of services in
conditional business sectors, the amount of illegal monetary profits obtained
shall be the total amount of money received by the violating entity from such
transfer or sale of goods, or provision of services;
b) Illegal profits obtained in the form of valuable papers
include all valuable papers obtained by the violating entity from the
administrative violation. Where the valuable
papers have been transferred, the amount of illegal profits obtained shall be
the proceeds actually earned at the time of transfer; where the valuable papers
have been illegally disposed of or destroyed, the amount of illegal profits
shall be determined based on the book value of
the valuable papers as recorded by the issuer at the time of disposal or
destruction;
c) The illegal profits in the form of objects or other assets obtained by the
violating entity from an administrative violation shall comprise objects and
other assets as defined in the Civil Code.
Where such objects or
other assets, other than prohibited goods, counterfeit goods or smuggled goods,
have been transferred, sold, consumed or destroyed, the illegal profits shall
be determined based on one of the following, as applicable: the market value of
assets of the same kind; the book value of assets (where no market value is
available); or the monetary value of assets stated in the import or export
declaration (where assets are imported or exported goods). In such a case,
direct costs incorporated into the goods shall be deducted, provided that such
costs are supported by records and documents evidencing their lawfulness and
validity.
Where such objects or
other assets which consist of prohibited goods, counterfeit goods or smuggled
goods have been transferred, or sold, the amount of illegal profits shall be
total amount earned by the violating entity from such transfer or selling of
the goods.
Article 8. Online
imposition of penalties for administrative violations
1. Procedures for online
imposition of penalties for administrative violations in the fields of crop production, plant protection and plant
quarantine may be carried out where the requisite infrastructure, technical and
information conditions are met, and must comply with regulations of laws on
handling of administrative violations and electronic transactions, and other
relevant laws.
2. The infrastructure, technical and information conditions to
be met, and online imposition of penalties for administrative violations, shall
be governed by Article 18a of the Law on Handling of Administrative Violations
and Chapter IIIa of the Government’s Decree No. 118/2021/ND-CP dated December
23, 2021, as amended by Decree No. 68/2025/ND-CP and Decree No. 190/2025/ND-CP.
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ADMINISTRATIVE VIOLATIONS IN
THE FIELD OF CROP PRODUCTION (EXCEPT FERTILIZERS), PENALTIES, FINES, AND
REMEDIAL MEASURES FOR SUCH VIOLATIONS
Article 9. Violations
of regulations on plant variety testing
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for failing to retain the results of plant variety testing for each
plant variety in accordance with applicable regulations.
2. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for failing to comply with national
standards on testing methods applicable to the plant species subject to testing.
3. A fine ranging from VND
20.000.000 to VND 25.000.000 shall be imposed for providing results that differ from the actual testing
results for each plant variety.
4. A fine ranging from VND 30.000.000 to VND 35.000.000 shall be imposed for conducting testing of a genetically
modified plant variety that has not been granted a biosafety certificate and a
certificate of genetically modified plants eligible for use as food and feed,
as prescribed by the law on biodiversity.
5. A fine ranging from VND 35.000.000 to VND 40.000.000 shall be imposed for erasing or altering documents relating
to the testing of each plant variety so that they do not reflect actual
conditions, while still issuing plant variety testing results.
6. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for issuing plant variety testing
results without actually conducting testing of
the relevant plant variety.
7. Remedial measures:
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b) The entity committing
the violation specified in clause 2 of this Article shall be required to
re-conduct the plant variety testing in accordance with the applicable
standards;
c) The entity committing
any of the violations specified in clauses 3, 4, 5 and 6 of this Article shall
be required to invalidate plant variety testing results and recall and destroy
dossiers and documents.
Article 10. Violations
of regulations on retention of plant variety
samples
1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be
imposed for failing to submit additional retained samples of each plant variety
at the request of the sample retention organization, where the retained samples
of the plant variety previously submitted fail to meet the quantity
requirements prescribed by the Ministry of Agriculture and Environment or the
applicable seed quality requirements.
2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be
imposed for failing to provide retained samples of each plant variety at the
request of a regulatory authority conducting inspection, examination or dispute
resolution concerning plant varieties.
3. A fine ranging from VND 10.000.000 to VND 15.000.000 shall
be imposed for retaining retained samples of each plant variety in
contravention of applicable regulations, or failing to maintain uniformity
between retained samples and samples provided to regulatory authorities or
testing organizations.
4. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for submitting samples of a plant variety registered for testing
for marketing authorization that fail to match the retained sample.
5. Remedial measures:
a) The entity committing
the violation specified in clause 1 of this Article shall be required to submit
additional retained samples;
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c) The entity committing
the violation specified in clause 3 of this Article shall be required to retain
samples in accordance with applicable regulations;
d) The entity committing
the violation specified in clause 4 of this Article shall be required to invalidate
testing results used for authorization for marketing of the plant variety;
Article 11. Violations
of regulations on production of plant varieties
1. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for committing any of the following
violations:
a) Producing a plant variety for commercial purposes otherwise
than in accordance with the decision on
marketing authorization for plant varieties, the decision on recognition of new
plant varieties, the decision on exceptional marketing authorization for plant
varieties, or the self-declaration of plant variety circulation;
b) Producing plant varieties for commercial purposes without
owning or leasing premises and equipment that comply with the national
standards on plant variety production methods or, where no national standards
exist, the applicable in-house standards.
2. The following fines shall be imposed for producing each
variety of perennial fruit trees or perennial industrial crops by asexual
propagation for commercial purposes without obtaining propagating materials
from an elite mother tree or mother tree orchard certified under a recognition
decision:
a) A fine ranging from VND 10.000.000 to VND 20.000.000 shall
be imposed for producing a seedling lot consisting of fewer than 1.000
seedlings;
b) A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for
producing a seedling lot consisting of 1.000 or more but fewer than 3.000
seedlings;
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d) A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for
producing a seedling lot consisting of 5.000 or more seedlings.
3. The following fines shall be imposed for producing each
plant variety for commercial purposes without having been granted a decision on
marketing authorization for plant varieties,
decision on recognition of new plant varieties, or decision on exceptional
marketing authorization for plant varieties, or
without having completed procedures for a self-declaration
of plant variety circulation (except the case
specified in Clause 2 of this Article):
a) A fine ranging from VND 10.000.000 to VND 20.000.000 shall
be imposed for producing plant varieties with a total value of less than VND
50.000.000, where such act does not warrant criminal prosecution;
b) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for producing plant varieties with a total
value of VND 50.000.000 or more but less than
VND 100.000.000, where such act does not
warrant criminal prosecution;
c) A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for producing plant varieties
with a total value of VND 100.000.000 or more but less than VND 150.000.000,
where such act does not warrant criminal prosecution;
d) A fine ranging from VND
40.000.000 to VND 45.000.000 shall be imposed for producing plant varieties
with a total value of VND 150.000.000 or more but less than VND 200.000.000,
where such act does not warrant criminal prosecution;
dd) A fine ranging from
VND 45.000.000 to VND 50.000.000 shall be imposed producing plant varieties
with a total value of VND 200.000.000 or more, provided that the authority
competent to institute criminal proceedings has issued a written request for imposition of administrative
penalties or one of the following decisions: a
decision not to file criminal charges, a decision to annul the decision to file
criminal charges, a decision to terminate investigation, a decision to dismiss
the case, or a decision to dismiss the lawsuit against the suspect or to grant
exemption from criminal liability under a judgment.
4. Additional penalty:
Plant variety production
operations of the entity committing any of the violations specified in point a
clause 1, clause 2 and clause 3 of this Article shall be suspended for a fixed
period of 03 – 06 months.
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The entity committing any
of the violations specified in clauses 2 and 3 of this Article shall be required
to destroy plant varieties.
Article 12. Violations
of regulations on trading of plant varieties
1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be
imposed for trading each plant variety not classified as a major crop species
where the information on such plant variety is inconsistent with the contents
of its self-declaration of plant variety circulation in accordance with
regulations of law on crop production.
2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be
imposed for trading each plant variety classified as a major crop species where
the information on such plant variety is inconsistent with the contents of the
decision on marketing authorization for plant varieties, the decision on
recognition of new plant varieties, or the decision on exceptional marketing
authorization for plant varieties.
3. The following fines
shall be imposed for trading each plant variety without having been granted a
decision on marketing authorization for plant varieties, decision on
recognition of new plant varieties, or decision on exceptional marketing
authorization for plant varieties, or without having completed procedures for a
self-declaration of plant variety circulation:
a) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for trading plant varieties with a
total value of less than VND 50.000.000, where such act does not warrant
criminal prosecution;
b) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for trading plant varieties with
a total value of VND 50.000.000 or more but less than VND 100.000.000, where
such act does not warrant criminal prosecution;
c) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for trading plant varieties with
a total value of VND 100.000.000 or more but less than VND 150.000.000, where
such act does not warrant criminal prosecution;
d) A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for trading plant varieties with
a total value of VND 150.000.000 or more but less than VND 200.000.000, where
such act does not warrant criminal prosecution;
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4. Additional penalty:
Plant variety trading
operations of the entity committing any of the violations specified in clause 2
and clause 3 of this Article shall be suspended for a fixed period of 01 – 03
months.
5. Remedial measures:
a) The entity committing
the violation specified in clause 3 of this Article shall be required to
destroy plant varieties;
b) The violating entity
shall be required to return the illegal profits obtained from any of the
violations in this Article.
Article 13. Violations of regulations on field inspection of seed crops
1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be
imposed for conducting field inspections of seed crops beyond the scope
specified in the certificate of completion of professional training in seed
crop field inspection.
2. A fine ranging from VND
5.000.000 to VND 7.000.000 shall be imposed for conducting field inspections of
seed crops otherwise than in accordance with the national standards on methods
of field inspection of seed crops.
3. A fine ranging from VND
7.000.000 to VND 10.000.000 shall be imposed for conducting field inspections
of seed crops without having been granted a certificate of completion of
professional training in seed crop field inspection.
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5. Additional penalty:
The certificate of
completion of professional training in seed crop field inspection of the entity
committing any of the violations specified in clauses 1 and 2 of this Article
shall be suspended for a fixed period of 06 - 12 months.
6. Remedial measures:
a) The entity committing
any of the violations specified in clauses 1, 2 and 3 of this Article shall be
required to invalidate seed lot inspection results;
b) The entity committing
any of the violations specified in clauses 1, 2 and 4 of this Article shall be
required to repurpose the seed lot involved in the violation.
Article 14. Violations of regulations on sampling of plant propagating
materials for state management purposes
1. A fine ranging from VND 2.000.000 to VND 3.000.000 shall be
imposed for sampling plant propagating materials beyond the scope specified in
the certificate of completion of professional training in sampling of plant
propagating materials.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for sampling plant varieties
otherwise than in accordance with the national standards on methods of plant
variety sampling.
3. A fine ranging from VND
5.000.000 to VND 7.000.000 shall be imposed for sampling plant propagating
materials without having been granted a certificate of completion of
professional training in sampling of plant propagating materials.
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The certificate of completion of professional training in sampling
of plant propagating
materials of the entity committing any of the
violations specified in clauses 1 and 2 of this Article shall be suspended for
a fixed period of 06 - 12 months.
5. Remedial measures:
The results of the
sampling of plant propagating materials, and the
results of quality analysis and testing of plant propagating materials involved
in any of the violations specified in this
Article shall be invalidated.
Article 15. Violations
of regulations on export of plant varieties
1. A fine ranging from VND 25.000.000 to VND 40.000.000 shall
be imposed for exporting each plant variety or hybrid seeds thereof without an
export permit for plant varieties, where such variety or seeds have not been
granted a decision on marketing authorization for plant varieties, a decision
on recognition of new plant varieties, a decision on exceptional marketing
authorization for plant varieties, or self-declaration of plant variety
circulation, and are not included in the List of plant genetic resources
prohibited from export, for research, testing, advertising, exhibition, or
non-commercial international exchange purposes.
2. Remedial measures:
a) The entity committing
the violation specified in this Article shall be required to destroy plant
varieties and hybrid seeds thereof;
b) The violating entity
shall be required to return illegal profits obtained from any of the violations
in this Article.
Article 16. Violations
of regulations on import of plant varieties
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2. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for importing each plant variety
for research, testing, advertising, exhibition, or non-commercial international
exchange purposes in violation of the import permit for plant varieties, where
such variety has not been granted a decision on marketing authorization for
plant varieties, a decision on recognition of new plant varieties, a decision
on exceptional marketing authorization for plant varieties, or self-declaration
of plant variety circulation.
3. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for importing each plant variety
without an import permit for plant varieties, where such variety has not been
granted a decision on marketing authorization for plant varieties, a decision
on recognition of new plant varieties, a decision on exceptional marketing
authorization for plant varieties, or self-declaration of plant variety
circulation, except for the import of parent seeds for the production of hybrid
seeds for export.
4. Remedial measures:
a) The entity committing
the violation specified in clause 1 of this Article shall be required to submit
reports on import and use of plant varieties to the competent authority as
prescribed;
b) The entity committing
any of the violations specified in clauses 2 and 3 of this Article shall be
required to remove from the territory of the Socialist Republic of Viet Nam or
re-export the plant varieties involved in the violation. The plant
varieties which can not be removed from the territory of the Socialist Republic
of Viet Nam or re-exported shall be destroyed.
Article 17. Violations of regulations on management of permits and
practicing certificates in the field of crop production (except fertilizers)
1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be
imposed for intentionally erasing or altering any of the following documents:
a) Decision on marketing authorization for plant varieties;
decision on recognition of new plant varieties; or decision on exceptional
marketing authorization for plant varieties;
b) Decision on recognition of an elite mother tree; or decision
on recognition of a mother tree orchard;
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d) Practicing certificate for providing plant variety rights
representation services;
dd) Export permit for plant varieties; or import permit for plant varieties;
e) Decision on issuance of production
unit code; or decision on issuance of packing
house code.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for committing any of the
following violations:
a) Forging any of the
documents specified in clause 1 of this Article, provided that the authority
competent to institute criminal proceedings has issued a written request for
imposition of administrative penalties or one of the following decisions: a
decision not to file criminal charges, a decision to annul the decision to file
criminal charges, a decision to terminate investigation, a decision to dismiss
the case, or a decision to dismiss the lawsuit against the suspect or to grant
exemption from criminal liability under a judgment;
b) Forging the application
dossier for issuance of any of the documents specified in clause 1 of this
Article, provided that the authority competent to institute criminal
proceedings has issued a written request for imposition of administrative
penalties or one of the following decisions: a decision not to file criminal
charges, a decision to annul the decision to file criminal charges, a decision
to terminate investigation, a decision to dismiss the case, or a decision to
dismiss the lawsuit against the suspect or to grant exemption from criminal
liability under a judgment.
3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for using each plant variety for
a purpose other than its intended purpose stated in the import permit for plant
varieties.
4. Additional penalty:
The import permit for
plant varieties of the entity committing the violation specified in clause 3 of
this Article shall be suspended for a fixed period of 06 - 12 months.
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a) The entity committing the violation of intentionally erasing
or altering any of the documents specified in clause 1 of this Article shall be
required to return the relevant issued document to the competent authority or
person that issued such document;
b) The entity committing the violation of forging any of the
documents specified in Point a Clause 2 of this Article shall be required to
recall and destroy the forged documents;
c) The entity committing the violation specified in Point b
Clause 2 of this Article shall be required to recall the issued documents and
destroy the issued documents and the relevant application dossiers, where the
issued documents are any of the following: a decision on exceptional marketing
authorization for plant varieties; a decision on recognition of an elite mother
tree; a decision on recognition of a mother tree orchard; a certificate of
completion of professional training in seed crop field inspection; a
certificate of completion of professional training in sampling of plant
propagating materials; a practicing certificate for providing plant variety rights
representation services; an export permit for
plant varieties; or an import permit for plant varieties;
d) The entity committing the violation specified in clause 3 of
this Article shall be required to recall the plant varieties for use for its
intended purpose stated in the import permit for plant varieties;
dd) The entity committing the violation specified in clause 3 of
this Article shall be required to pay an amount equivalent to the value of the
plant varieties involved in the violation, where the exhibits of the violation
have been sold or cannot be recovered.
Article 18. Violations of regulations on the rights of holders of plant
variety protection certificates
1. A fine ranging from VND 20.000.000 to VND 30.000.000 shall be imposed for the
commercial use of each plant variety in respect of which an application for
plant variety protection has been accepted, without paying the compensation as
prescribed in Article 189 of the Law on Intellectual Property.
2. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for
exercising, without the consent of the holder of a plant variety protection certificate,
the rights of such holder in respect of the propagating material of each
protected plant variety for any of the following purposes:
a) Producing or reproducing (multiplying) the protected plant
variety;
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c) Offering the protected plant variety for sale;
d) Selling or otherwise marketing the protected plant variety;
dd) Exporting the protected plant variety;
e) Importing the protected
plant variety;
g) Performing any of the acts specified in points a, b, c, d,
dd and e of this clause in respect of a plant variety whose production requires
the repeated use of the protected plant variety;
h) Performing any of the acts specified in points a, b, c, d,
dd and e of this clause in respect of a plant variety that is essentially
derived from the protected plant variety, except where the protected plant
variety is itself essentially derived from another protected plant variety.
3. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for using the harvested material
obtained through the unauthorized use of the propagating material of each
protected plant variety to carry out any of the acts specified in clause 2 of
this Article, unless the holder of the plant variety protection certificate has
had a reasonable opportunity to exercise its rights in respect of the
propagating material but has failed to do so.
4. A fine ranging from VND 40.000.000 to VND 50.000.000 shall
be imposed for using, in respect of each plant variety, a variety denomination
that is identical or similar to the denomination of a protected plant variety
for another plant variety belonging to the same species as, or a closely
related species to, the protected plant variety.
5. Additional penalty:
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6. Remedial measures:
The entity committing any
of the violations specified in this Article shall be required to return the
illegal profits obtained from the violation or an amount equal to the value of
the exhibits of the violation that have been sold, consumed, disposed of or
destroyed in contravention of regulations of law.
Article 19. Violations
of regulations on the obligations of holders of plant variety protection
certificates and breeders of plant varieties
1. A fine ranging from VND
15.000.000 to VND 25.000.000 shall be imposed for committing any of the
following violations:
a) A holder of a plant variety protection certificate fails to
transfer the right to use each protected plant variety pursuant to a decision
on compulsory licensing issued by the competent authority;
b) A holder of a plant variety protection certificate fails to
pay remuneration to the breeder of each plant variety as prescribed by law;
c) A holder of a plant variety protection certificate continues
to exploit or use the propagating material of each protected plant variety
despite the variety no longer satisfying the requirements of distinctness,
uniformity and stability applicable at the time the plant variety protection
certificate was granted;
d) The breeder of each plant variety fails to duly perform the
obligation to assist the holder of the plant variety protection certificate in
maintaining the propagating material of the protected plant variety.
2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall
be imposed for using the plant variety protection certificate relating to each
plant variety after the certificate has expired, been suspended or been
invalidated, for the purpose of exercising plant variety rights in respect of
that plant variety.
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a) The entity committing
any of the violations specified in point c clause 1 and clause 2 of this
Article shall be required to return the illegal profits obtained from such
violation;
b) The entity committing
the violation specified in point c clause 1 of this Article shall be required
to return the plant variety protection certificate to the competent authority
or person that issued such certificate.
Article 20. Violations of regulations on collection of crop residues
A fine ranging from VND
500.000 to VND 1.000.000 shall be imposed failing to collect crop residues, or
for collecting or transporting crop residues in a manner that adversely affects
agricultural production activities or traffic.
Article 21. Violations of regulations on production unit codes (PUCs)
and packing house codes (PHCs)
1. A fine ranging from VND
500.000 to VND 1.000.000 shall be imposed for committing any of the following
violations:
a) Failing to fully comply with the technical requirements
applicable to a growing area for which a PUC has been issued;
b) Failing to fully comply with the technical requirements applicable
to a packing facility for which a PHC has been issued.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for committing any of the following
violations:
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b) A packing facility for which a PHC has been issued fails to
conduct self-monitoring at least once a year;
c) A growing area or packing facility fails to maintain records;
d) Failing to notify the competent authority of any changes
relating to a growing area or packing facility for which a PUC or a PHC, as
applicable, has been issued.
3. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for committing any of the
following violations:
a) Affixing or using a registered PUC or PHC on the label or
packaging of any goods intended for export or placement on the market, where
such code does not correspond to the actual origin of the goods or the actual
place of production or packing of the goods;
b) Failing to cooperate with, obstructing or failing to comply
with an inspection conducted by a competent authority of Viet Nam;
c) Providing information, records or documents that are
inconsistent with the actual facts during an inspection conducted by a
competent authority of Viet Nam at the request of the importing country or for
regulatory management purposes.
4. Remedial measures:
The entity committing the
violation prescribed in point a clause 3 of this Article shall be required to
destroy the goods and products involved in the violation.
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ADMINISTRATIVE VIOLATIONS IN
THE FIELD OF FERTILIZERS, PENALTIES, FINES, AND REMEDIAL MEASURES FOR SUCH
VIOLATIONS
Article 22. Violations
of regulations on fertilizer production
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for failing to maintain separate
storage areas for raw materials and finished products.
2. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for committing any of the
following violations:
a) The person directly in
charge of fertilizer production does not hold a university degree or higher in
one of the following disciplines: crop production, plant protection,
agricultural chemistry and soil science, agronomy, chemistry or biology;
b) Failing to recall
fertilizers or to comply with the recall deadline specified in a recall
decision of the competent authority;
c) Failing to retain
samples of each batch of fertilizers released from the factory for the
prescribed retention period;
d) Failing to retain records
of test results for each batch of fertilizers produced and released from the
factory for the prescribed retention period.
3. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for failing to conduct quality
testing of each batch of finished fertilizers at a testing laboratory
accredited or designated by a competent authority before placing such
fertilizers on the market.
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5. The following fines shall be imposed for
committing violations of regulations on the certificate of eligibility for
fertilizer production:
a) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for failing to return the
certificate of eligibility for fertilizer production as required by a decision
of the competent authority;
b) A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for producing each fertilizer
product of a type or form other than that specified in the issued certificate
of eligibility for fertilizer production;
c) A fine ranging from VND
50.000.000 to VND 60.000.000 shall be imposed for producing fertilizers at a
location other than that specified in the issued certificate of eligibility for
fertilizer production;
d) A fine ranging from VND
60.000.000 to VND 70.000.000 shall be imposed for producing each fertilizer
product without having been granted a certificate of eligibility for fertilizer
production, or for continuing to produce each fertilizer product during period
in which the fertilizer production or the certificate of eligibility for
fertilizer production is suspended at the request of the competent authority or
after the certificate of eligibility for fertilizer production has been revoked.
6. The following fines
shall be imposed for producing each fertilizer product that has not been
granted a decision on authorization for marketing of fertilizers in Viet Nam
(except for fertilizers produced for research or testing purposes, and
fertilizers produced under pilot production projects or programs supporting the
application and transfer of technical advances and technologies during the
implementation of such projects or programs):
a) A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for producing a fertilizer batch
valued at less than VND 50.000.000, where such act does not warrant criminal
prosecution;
b) A fine ranging from VND
50.000.000 to VND 60.000.000 shall be imposed for producing a fertilizer batch
valued at VND 50.000.000 or more but less than VND 70.000.000, where such act
does not warrant criminal prosecution;
c) A fine ranging from VND
60.000.000 to VND 70.000.000 shall be imposed for producing a fertilizer batch
valued at VND 70.000.000 or more but less than VND 100.000.000, where such act
does not warrant criminal prosecution;
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dd) A fine ranging from
VND 80.000.000 to VND 90.000.000 shall be imposed for producing a fertilizer
batch valued at VND 150.000.000 or more but less than VND 200.000.000, where
such act does not warrant criminal prosecution.
7. A fine ranging from VND
90.000.000 to VND 100.000.000 shall be imposed for producing each fertilizer
product that has not been granted a decision on authorization for marketing of
fertilizers in Viet Nam (except for fertilizers produced for research or
testing purposes, and fertilizers produced under pilot production projects or
programs supporting the application and transfer of technical advances and
technologies during the implementation of such projects or programs, where the
fertilizer batch is valued at VND 200.000.000 or more, and the authority
competent to institute criminal proceedings has issued a written request for imposition of administrative
penalties or one of the following decisions: a
decision not to file criminal charges, a decision to annul the decision to file
criminal charges, a decision to terminate investigation, a decision to dismiss
the case, or a decision to dismiss the lawsuit against the suspect or to grant
exemption from criminal liability under a judgment.
8. Additional penalties:
a) The certificate of
eligibility for fertilizer production of the entity committing any of the
violations specified in points c and d clause 2 and clause 3 of this Article
shall be suspended for a fixed period of 03 – 06 months in case of recidivism;
b) The certificate of
eligibility for fertilizer production of the entity committing the violation
specified in clause 4 of this Article shall be suspended for a fixed period of
06 – 09 months in case of recidivism;
c) The certificate of
eligibility for fertilizer production of the entity committing any of the
violations specified in points b and c clause 5 and points a, b and c clause 6
of this Article shall be suspended for a fixed period of 06 – 09 months;
d) The certificate of
eligibility for fertilizer production of the entity committing any of the
violations specified in points d and dd clause 6 of this Article shall be
suspended for a fixed period of 09 – 12 months;
dd) The certificate of
eligibility for fertilizer production of the entity committing the violation
specified in clause 7 of this Article shall be suspended for a fixed period of
20 – 24 months.
9. Remedial measures:
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b) The entity committing
any of the violations specified in points b, c and d clause 5 of this Article
shall be required to destroy the fertilizers involved in the violation;
c) The entity committing
any of the violations specified in clauses 6 and 7 of this Article shall be
required to destroy fertilizers that have not been granted a decision on
authorization for marketing of fertilizers in Viet Nam.
Article 23. Violations
of regulations on fertilizer trading (except import of fertilizers)
1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall
be imposed for trading fertilizers during the period in which fertilizer trading operations are suspended.
2. The following fines
shall be imposed for trading each fertilizer product that has not been granted
a decision on authorization for marketing of fertilizers in Viet Nam:
a) A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for trading a fertilizer batch
valued at less than VND 50.000.000, where such act does not warrant criminal
prosecution;
b) A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for trading a fertilizer batch
valued at VND 50.000.000 or more but less than VND 100.000.000, where such act
does not warrant criminal prosecution;
c) A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for trading a fertilizer batch
valued at VND 100.000.000 or more but less than VND 150.000.000, where such act
does not warrant criminal prosecution;
d) A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for trading a fertilizer batch
valued at VND 150.000.000 or more but less than VND 200.000.000, where such act
does not warrant criminal prosecution;
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3. Additional penalties:
a) Fertilizer trading
operations of the entity committing the violation specified in point a clause 2
of this Article shall be suspended for a fixed period of 01 – 03 months;
b) Fertilizer trading
operations of the entity committing the violation specified in point b clause 2
of this Article shall be suspended for a fixed period of 03 – 06 months;
c) Fertilizer trading
operations of the entity committing the violation specified in point c clause 2
of this Article shall be suspended for a fixed period of 06 – 09 months;
d) Fertilizer trading
operations of the entity committing the violation specified in point d clause 2
of this Article shall be suspended for a fixed period of 09 – 12 months;
dd) Fertilizer trading
operations of the entity committing the violation specified in point dd clause
2 of this Article shall be suspended for a fixed period of 12 – 15 months.
4. Remedial measures:
a) The entity committing
the violation specified in clause 2 of this Article shall be required to
destroy fertilizers that have not been granted a decision on authorization for
marketing of fertilizers in Viet Nam;
b) The violating entity
shall be required to return the illegal profits obtained from the violation
specified in clause 2 of this Article.
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1. The following fines
shall be imposed for importing each fertilizer product that fails to meet
quality requirements, has expired, or has not been granted a decision on
authorization for marketing of fertilizers in Viet Nam, without an import
permit for fertilizers as prescribed:
a) A fine ranging from VND
1.000.000 to VND 2.500.000 shall be imposed where the shipment of fertilizers
is valued at less than VND 20.000.000;
b) A fine ranging from VND
2.500.000 to VND 5.000.000 shall be imposed where the shipment of fertilizers
is valued at VND 20.000.000 or more but less than VND 30.000.000;
c) A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed where the shipment of fertilizers
is valued at VND 30.000.000 or more but less than VND 50.000.000;
d) A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed where the shipment of fertilizers
is valued at VND 50.000.000 or more but less than VND 100.000.000;
dd) A fine ranging from
VND 15.000.000 to VND 25.000.000 shall be imposed where the shipment of
fertilizers is valued at VND 100.000.000 or more.
2. Remedial measures:
The entity committing the
violation specified in clause 1 of this Article shall be required to remove the
fertilizers from the territory of the Socialist Republic of Viet Nam or
re-export the fertilizers. The fertilizers which can not be removed from the
territory of the Socialist Republic of Viet Nam or re-exported shall be
destroyed.
Article 25. Violations
involving use of imported fertilizers for purposes other than those stated in
the import permit for fertilizers
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2. Additional penalty:
The import permit for
fertilizers of the entity committing the violation specified in this Article
shall be suspended for a fixed period of 06 – 12 months.
3. Remedial measures:
a) The entity committing
the violation specified in this Article shall be required to recall the
fertilizers for use for the intended purpose stated in the import permit for
fertilizers;
b) The entity committing
the violation specified in this Article shall be required to pay an amount
equivalent to the value of the fertilizers involved in the violation, where the
exhibits of the violation have been sold or cannot be recovered.
Article 26. Violations
of regulations on fertilizer sampling
1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be
imposed for committing any of the following violations of regulations on
fertilizer sampling for conformity certification or for state management
purposes:
a) Performing fertilizer sampling without a certificate of
fertilizer sampling, a certificate of completion of professional training in
fertilizer sampling, or a training certificate for fertilizer samplers;
b) Failing to apply the sampling method prescribed in the
National Standard on Fertilizer Sampling, or the sampling method approved by a
competent authority for a type of fertilizer for which no National Standard on
Sampling Methods has been promulgated.
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3. Remedial measures:
The results of fertilizer
sampling and the fertilizer quality test results involved in the violation
specified in clause 1 of this Article shall be invalidated.
Article 27. Violations
of regulations on fertilizer field testing
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for committing any of the
following violations:
a) Failing to retain
fertilizer field testing records as prescribed;
b) Failing to submit annual
reports on the operating results of the fertilizer field testing organization
or ad hoc reports at the request of a competent authority.
2. A fine ranging from VND
15.000.000 to VND 20.000.000 shall be imposed for committing any of the
following violations:
a) Failing to maintain all
conditions required of a recognized fertilizer field testing organization
throughout its field testing activities;
b) Failing to comply with
national standards on fertilizer field testing.
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4. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for erasing or altering documents
relating to the field testing of each fertilizer product so that they do not
reflect actual conditions.
5. A fine ranging from VND
40.000.000 to VND 50.000.000 shall be imposed for issuing fertilizer field
testing results without actually conducting the field testing of each
fertilizer product.
6. Additional penalties:
a) The decision on
recognition of a fertilizer field testing organization or the decision on
recognition of an organization qualified to conduct fertilizer field testing of
the entity committing any of the violations specified in point b clause 2 and
clause 3 of this Article shall be suspended for a fixed period of 06 – 12
months in case of recidivism;
b) The decision on
recognition of a fertilizer field testing organization or the decision on
recognition of an organization qualified to conduct fertilizer field testing of
the entity committing any of the violations specified in clauses 4 and 5 of
this Article shall be suspended for a fixed period of 12 – 18 months.
7. Remedial measures:
a) The entity committing
the violation specified in point b clause 2 of this Article shall be required
to re-conduct the field testing in accordance with the national standards on
fertilizer field testing;
b) The entity committing
any of the violations specified in clauses 3, 4 and 5 of this Article shall be
required to invalidate the field testing results and recall and destroy the
relevant dossiers and documents.
Article 28. Violations
of regulations on fertilizer use
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2. A fine ranging from VND
500.000 to VND 1.000.000 shall be imposed for using each fertilizer product of
unknown origin.
Article 29. Violations
of regulations on management of permits in the field of fertilizers
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for intentionally erasing or
altering any of the following documents:
a) Decision on recognition
of a fertilizer field testing organization; or decision on recognition of an
organization qualified to conduct fertilizer field testing;
b) Decision on
authorization for marketing of fertilizers in Viet Nam;
c) Certificate of
eligibility for fertilizer production;
d) Import permit for fertilizers.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for committing any of the
following violations:
a) Forging any of the
documents specified in clause 1 of this Article, provided that the authority
competent to institute criminal proceedings has issued a written request for
imposition of administrative penalties or one of the following decisions: a
decision not to file criminal charges, a decision to annul the decision to file
criminal charges, a decision to terminate investigation, a decision to dismiss
the case, or a decision to dismiss the lawsuit against the suspect or to grant
exemption from criminal liability under a judgment;
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3. Remedial measures:
a) The entity committing
the violation of intentionally erasing or altering any of the documents
specified in clause 1 of this Article shall be required to return the relevant
issued document to the competent authority or person that issued such document;
b) The entity committing
the violation of forging any of the documents specified in Point a Clause 2 of
this Article shall be required to recall and destroy the forged documents;
c) The entity committing
the violation specified in point b clause 2 of this Article shall be required
to recall the issued documents and destroy the issued documents and the
relevant application dossiers, where the issued documents are any of the
following: a decision on recognition of a fertilizer field testing
organization; a decision on recognition of an organization qualified to conduct
fertilizer field testing; a decision on authorization for marketing of
fertilizers in Viet Nam; or an import permit for fertilizers.
Chapter IV
ADMINISTRATIVE VIOLATIONS IN
THE FIELD OF PLANT PROTECTION AND PLANT QUARANTINE, PENALTIES, FINES, AND
REMEDIAL MEASURES FOR SUCH VIOLATIONS
Article 30. Violations
of regulations on plant pest prevention and control
1. A fine ranging from VND
500.000 to VND 1.500.000 shall be imposed for intentionally misapplying the
pest control measures as required and instructed by the competent authority
upon the issuance of a decision on declaration of a plant pest outbreak.
2. A fine ranging from VND
1.500.000 to VND 3.000.000 shall be imposed for committing any of the following
violations:
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b) Failing to appoint personnel and arrange facilities for
inspection of plant quarantine articles at the request of the specialized plant
protection and quarantine agency, without legitimate reasons.
3. A fine ranging from VND
3.000.000 to VND 6.000.000 shall be imposed for committing any of the following
violations:
a) Transporting or using plant varieties or
propagating materials infested with pests from an area in which a plant pest
outbreak has been declared to another area;
b) Importing,
transporting, rearing or storing plant pests, except
where such pests are imported for scientific research purposes;
c) Spreading plant pests;
d) Transporting articles
subject to plant quarantine infested with pests
from an area in which a plant pest outbreak has been declared to another area,
thereby spreading the pests and causing property damage amounting to less than VND 100.000.000.
4. A fine ranging from VND
6.000.000 to VND 12.000.000 shall be imposed for committing any of the
violations specified in points a and b clause 3 of this Article for commercial
purposes.
5. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for transporting articles
subject to plant quarantine infested with pests
from an area in which a plant pest outbreak has been declared to another area,
thereby spreading the pests and causing property damage amounting to VND
100.000.000 or more, provided that the
authority competent to institute criminal proceedings has issued a written
request for imposition of administrative penalties or one of the following
decisions: a decision not to file criminal charges, a decision to annul the
decision to file criminal charges, a decision to terminate investigation, a
decision to dismiss the case, or a decision to dismiss the lawsuit against the
suspect or to grant exemption from criminal liability under a judgment.
6. Remedial measures:
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b) The entity committing any
of the violations specified in clauses 3, 4 and 5 of this Article shall be
required to destroy the plant varieties, propagating materials and pests
involved in the violation;
c) The entity committing
any of the violations specified in point d clause 3 and clauses 4 and 5 of this
Article shall be required to return the illegal profits obtained from such
violation.
Article 31. Violations of regulations on plant quarantine for export, import and transit
1. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for committing any of the following
violations:
a) Failing to carry out
plant quarantine registration procedures before import, export or transit of
articles subject to plant quarantine;
b) Failing to declare or
complete the plant quarantine registration procedures for articles subject to
plant quarantine carried as hand luggage or checked baggage.
2. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for committing any of the following
violations:
a) Bringing articles
subject to plant quarantine into the territory of Viet Nam without completing
the plant quarantine procedures at the border checkpoint;
b) Failing to obtain an import phytosanitary permit as prescribed, except where otherwise confirmed by the
specialized plant protection and quarantine agency affiliated to the Ministry
of Agriculture and Environment.
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a) Transporting or transiting articles subject to plant
quarantine without applying measures to prevent pests in accordance with
Vietnamese regulations;
b) Transporting or transiting articles subject to plant
quarantine along a route other than that prescribed by the specialized plant
protection and quarantine agency, or keeping articles subject to plant
quarantine in transit within the territory of Viet Nam beyond the authorized
period;
c) Failing to treat wood packaging material in accordance with
applicable regulations;
d) Failing to maintain compliance with all prescribed technical
requirements applicable to plant quarantine isolation facilities for imported
plants with soil attached.
4. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for committing any of the
following violations:
a) Making false declarations concerning, concealing or removing
articles subject to plant quarantine while the specialized plant protection and
quarantine agency is conducting phytosanitary inspections of export or import
consignments;
b) Adding articles subject to plant quarantine that have not
undergone phytosanitary inspection to a consignment for which a phytosanitary certificate
has already been issued;
c) Without authorization, removing seals, loading or unloading,
transshipping, transferring articles between vessels, transferring articles
between railway wagons, or uncoupling railway wagons carrying articles subject
to plant quarantine for export, import or transit, while the means of transport
concerned are subject to inspection and supervision by the specialized plant
protection and quarantine agency;
d) Bringing articles subject to plant quarantine into the
territory of Viet Nam without a phytosanitary certificate issued by the
competent authority of the exporting country, except where otherwise confirmed
by the specialized plant protection and quarantine agency affiliated to the
Ministry of Agriculture and Environment;
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5. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for committing any of the
following violations:
a) Bringing articles
subject to plant quarantine into the territory of Viet Nam without applying the
treatment measures specified in the import phytosanitary permit;
b) Bringing live
quarantine pests, pests subject to control, or alien pests into the territory
of Viet Nam without the permission of the Minister of Agriculture and
Environment;
c) Bringing soil into Viet
Nam, except for the importation of plants with soil attached under the
Government's regulations and the importation of soil for scientific research
purposes;
d) Failing to re-export
articles subject to plant quarantine that are infested with quarantine pests or
alien pests within the time limit specified in the decision of the specialized
plant protection and quarantine agency;
dd) Transporting articles
subject to plant quarantine that are infested with quarantine pests which have
not been fully treated in accordance with the instructions of the specialized
plant protection and quarantine agency;
e) Bringing articles
subject to plant quarantine into the territory of Viet Nam without complying
with plant quarantine regulations, thereby causing the spread of pests and
resulting in property damage of VND 100.000.000 or more, provided that the
authority competent to institute criminal proceedings has issued a written
request for imposition of administrative penalties or one of the following
decisions: a decision not to file criminal charges, a decision to annul the
decision to file criminal charges, a decision to terminate investigation, a
decision to dismiss the case, or a decision to dismiss the lawsuit against the
suspect or to grant exemption from criminal liability under a judgment.
g) Importing plants with
soil attached into Viet Nam without bringing the consignment to an isolation
facility;
h) Removing plants with
soil attached from an isolation facility before receiving notification from the
agency in charge of post-entry plant quarantine that the monitoring period has
ended;
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6. Remedial measures:
a) The entity committing
the violation specified in point b clause 1 or point d clause 5 of this Article
shall be required to re-export or destroy the articles subject to plant
quarantine;
b) The entity committing
the violation specified in point d clause 4 of this Article for the third or
any subsequent time; the violation specified in point a or b clause 4 of this
Article in case of import; the violation specified in clause 2 or point c
clause 5 of this Article; or the violation specified in point a clause 5 of
this Article in case of recidivism, shall be required to remove the articles subject
to plant quarantine from the territory of the Socialist Republic of Viet Nam.
The articles subject to plant quarantine which cannot be removed from the
territory of the Socialist Republic of Viet Nam shall be destroyed;
c) The entity committing
the violation specified in point a clause 3 of this Article shall be required
to implement the pest prevention and control measures in accordance with
Vietnamese regulations;
d) The entity committing
the violation specified in point b clause 3 of this Article shall be required
to remove from the territory of the Socialist Republic of Viet Nam the articles
subject to plant quarantine in transit that have been kept in the territory of
Viet Nam beyond the permitted period;
dd) The entity committing
the violation specified in point c clause 3 of this Article shall be required
to treat the wood packaging material as prescribed;
e) The entity committing
the violation specified in point d clause 3 of this Article shall be required
to take remedial measures to maintain compliance with all technical
requirements for plant quarantine isolation facilities;
g) The entity committing
the violation specified in point b clause 5 of this Article shall be required
to destroy the live quarantine pests, pests subject to control or alien pests;
h) The entity committing
any of the violations specified in point dd clause 4 and points dd and e clause
5 of this Article shall be required to thoroughly treat the articles subject to
plant quarantine infested with quarantine pests, pests subject to control or
alien pests adopting the treatment measures prescribed in clauses 2 and 3
Article 34 of the Law on Plant Protection and Plant Quarantine;
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k) The entity committing
the violation specified in point i clause 5 of this Article shall be required
to declare to the agency in charge of post-entry plant quarantine so that
monitoring can be conducted at the isolation facility as prescribed.
Article 32. Violations of regulations on domestic plant quarantine
1. A fine ranging from VND 500.000 to VND 1.000.000 shall be
imposed for failing to obtain a phytosanitary certificate for imported,
in-transit or domestically transported articles, issued by the specialized
plant protection and quarantine agency, in respect of articles subject to plant
quarantine transported from an area in which an outbreak of a quarantine pest
has been declared to another area.
2. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for committing any of the following
violations:
a) Transporting or loading or unloading articles subject to
plant quarantine that are infested with quarantine pests, pests subject to
control or alien pests at a location other than that specified in the relevant
phytosanitary certificate for imported, in-transit or domestically transported
articles;
b) Transporting articles subject to plant quarantine to a place
not specified in the relevant import phytosanitary permit.
3. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for committing any of the following
violations:
a) Introducing quarantine pests, pests subject to control or
alien pests into other areas within the territory of Viet Nam;
b) Transporting or distributing articles subject to plant
quarantine that have been officially determined to be infested with quarantine
pests, pests subject to control or alien pests, without complying with the
requirements imposed by the competent specialized plant protection and
quarantine agency;
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4. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be
imposed for failing to comply with the treatment measures applicable to
articles subject to plant quarantine that are infested with quarantine pests,
pests subject to control in Viet Nam or alien pests.
5. A fine ranging from VND 10.000.000 to VND 20.000.000 shall
be imposed for failing to comply with the regulations and decisions of the
specialized plant protection and quarantine agency concerning the treatment of
quarantine pests.
6. Remedial measures:
a) The entity committing
any of the violations specified in clauses 2, 3 and 5 of this Article shall be
required to implement measures to remedy the spread of quarantine pests;
b) The entity committing
any of the violations specified in clauses 4 and 5 of this Article shall be
required to destroy the articles subject to plant quarantine infested with
quarantine pests.
Article 33. Violations
of regulations on plant quarantine of imported
plant varieties and beneficial organisms
1. A fine ranging from VND 1.000.000 to VND 3.000.000 shall be
imposed for failing to declare to the local specialized plant protection and
quarantine agency the introduction into the local area, for cultivation, of
each new plant variety imported for the first time, as notified by the
specialized plant protection and quarantine agency.
2. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for committing any of the
following violations:
a) Failing to comply with regulations
on the import, rearing and use of beneficial organisms;
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3. A fine ranging from VND 15.000.000 to VND 20.000.000 shall
be imposed for bringing imported plant varieties out of a plant quarantine
isolation facility for planting or seed production before the specialized plant
protection and quarantine agency has issued a conclusion on the pest
infestation status of plant varieties required to be planted in a plant
quarantine isolation facility, except for plants with soil attached.
4. Remedial measures:
The entity committing any
of the violations specified in clauses 2 and 3 of this Article shall be
required to destroy the imported plant varieties and beneficial organisms.
Article 34. Violations
of regulations on treatment of articles subject to plant quarantine
1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for committing any of the
following violations:
a) The person directly in
charge of managing and operating an organization engaged in the treatment of
articles subject to plant quarantine does not possess professional
qualifications as required by law;
b) Treating articles subject to plant quarantine otherwise than
in accordance with the registered technical procedures, or failing to have
adequate equipment and facilities required for the provision of treatment
services;
c) Storing plant
protection products used for fumigation in warehouses that fail to comply with
regulations.
2. A fine ranging from VND
7.000.000 to VND 10.000.000 shall be imposed for committing any of the
following violations:
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b) Treating articles subject to plant quarantine or wood
packaging material otherwise than in accordance with the prescribed technical
procedures;
c) Providing treatment services for articles subject to plant
quarantine without a practicing certificate for
treatment of articles subject to plant quarantine.
3. A fine ranging from VND
10.000.000 to VND 15.000.000 shall be imposed for, while engaging in fumigation
practice, committing any of the following violations:
a) Using fumigants included in the List of plant protection
products banned from use in Viet Nam;
b) Using fumigants in contravention of applicable regulations,
thereby adversely affecting the quality of articles subject to plant quarantine
that are fumigated;
c) Providing treatment services for articles subject to plant
quarantine that have been notified as being in violation by the competent plant
quarantine authority of the importing country.
4. Additional penalties:
a) The practicing
certificate for treatment of articles subject to plant quarantine of the entity
committing any of the violations specified in clause 1, points a and b clause 2
and points a and b clause 3 of this Article shall be suspended for a fixed
period of 01 – 03 months;
b) The practicing
certificate for treatment of articles subject to plant quarantine of the entity
committing the violation specified in point c clause 3 of this Article shall be
suspended for a fixed period of 03 – 06 months in case of recidivism.
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1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be
imposed for failing to maintain all prescribed conditions for the production of
plant protection products in accordance with Article 61 of the Law on Plant
Protection and Plant Quarantine throughout the production process.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for committing any of the
following violations:
a) Producing each plant protection product against the issued
certificate of eligibility for production of plant protection products;
b) Packaging each finished plant protection product after its
expiry date.
3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for committing any of the
following violations:
a) Producing each plant
protection product without obtaining a certificate of eligibility for
production of plant protection products;
b) Continuing to produce each plant protection product during
the period in which production operations or certificate of eligibility for
production of plant protection products is suspended at the request of the
competent authority, or after the certificate of eligibility for production of
plant protection products has been revoked;
c) Failing to recall plant protection products or
to comply with the recall deadline specified in a recall decision of the
competent authority.
4. A fine ranging from VND 30.000.000 to VND 40.000.000 shall
be imposed for producing each plant protection product that is not included in
the List of plant protection products permitted for use in Viet Nam, where the
value of such product is less than VND 200.000.000 and such act does not warrant criminal prosecution, except where an import permit for plant protection
products has been obtained in accordance with clause 2 Article 67 of the Law on
Plant Protection and Plant Quarantine.
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6. Additional penalties:
a) The certificate of eligibility for production of plant
protection products of the entity committing
the violation specified in point c clause 3 of this Article shall be suspended
for a fixed period of 01 – 03 months;
b) The certificate of eligibility for production of plant
protection products of the entity committing
the violation specified in clause 4 of this Article shall be suspended for a
fixed period of 03 – 06 months;
c) The certificate of eligibility for production of plant
protection products of the entity committing
the violation specified in clause 5 of this Article shall be suspended for a
fixed period of 06 – 12 months.
7. Remedial measures:
a) The entity committing
the violation specified in point b clause 2 of this Article shall be required
to destroy the finished plant protection products, or to reprocess them where
such reprocessing is possible;
b) The entity committing
any of the violations specified in clauses 4 and 5 of this Article shall be
required to destroy the finished plant protection products and technical-grade
plant protection products.
Article 36. Violations
of regulations on trading of plant protection products
1. A fine ranging from VND
2.000.000 to VND 3.000.000 shall be imposed for failing to maintain all
prescribed conditions for the trading of plant protection products in
accordance with Article 63 of the Law on Plant Protection and Plant Quarantine
throughout the trading activities.
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3. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for committing any of the following
violations:
a) Trading in plant
protection products without obtaining a certificate of eligibility for trading
of plant protection products;
b) Trading in each plant
protection product that is not included in the List of plant protection
products permitted for use in Viet Nam, where the value of such product is less
than VND 5.000.000 and such act does not warrant criminal prosecution.
4. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for committing any of the
following violations:
a) Trading in each plant protection product used for fumigation
with an organization that has not been granted a practicing
certificate for treatment of articles subject to plant quarantine;
b) Providing purchasers with instructions for use of each plant
protection product that are inconsistent with the instructions on the label of
that plant protection product;
c) Trading in plant protection products during the period in
which trading operations or the certificate of eligibility for trading in plant
protection products is suspended, or after the certificate of eligibility for
trading in plant protection products has been revoked;
d) Trading in each plant
protection product that is not included in the List of plant protection
products permitted for use in Viet Nam, where the value of such product is VND 5.000.000 or more but less than VND 15.000.000 and such act does not warrant criminal prosecution.
5. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for trading in each plant protection
product that is not included in the List of plant protection products permitted
for use in Viet Nam, where the value of such product is VND 15.000.000 or more
but less than VND 30.000.000 and such act does not warrant criminal prosecution.
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7. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for trading in each plant
protection product that is not included in the List of plant protection products
permitted for use in Viet Nam, where the value of such product is VND
50.000.000 or more but less than VND 100.000.000 and such act does not warrant
criminal prosecution.
8. A fine ranging from VND
40.000.000 to VND 45.000.000 shall be imposed for trading in each plant
protection product that is not included in the List of plant protection
products permitted for use in Viet Nam, where the value of such product is VND
100.000.000 or more but less than VND 200.000.000 and such act does not warrant
criminal prosecution.
9. A fine ranging from VND
45.000.000 to VND 50.000.000 shall be imposed for trading in each plant
protection product that is not included in the List of plant protection
products permitted for use in Viet Nam, where the value of such product is VND
200.000.000 or more, except where an import permit for plant protection
products containing methyl bromide used for fumigation has been obtained in
accordance with point b clause 2 Article 67 of the Law on Plant Protection and
Plant Quarantine, provided that the authority competent to institute criminal
proceedings has issued a written request for imposition of administrative
penalties or one of the following decisions: a decision not to file criminal
charges, a decision to annul the decision to file criminal charges, a decision
to terminate investigation, a decision to dismiss the case, or a decision to
dismiss the lawsuit against the suspect or to grant exemption from criminal
liability under a judgment..
10. Additional penalties:
a) The certificate of
eligibility for trading of plant protection products of the entity committing
any of the violations specified in clauses 5, 6 and 7 of this Article shall be
suspended for a fixed period of 01 – 03 months;
b) The certificate of
eligibility for trading of plant protection products of the entity committing
any of the violations specified in clauses 8 and 9 of this Article shall be
suspended for a fixed period of 03 – 06 months.
11. Remedial measures:
a) The entity committing
any of the violations specified in point b clause 3, point d clause 4, and
clauses 5, 6, 7, 8 and 9 of this Article shall be required to destroy plant
protection products that are not included in the List of plant protection
products permitted for use in Viet Nam;
b) The entity committing
any of the violations specified in point b clause 3, points a and d clause 4,
and clauses 5, 6, 7, 8 and 9 of this Article shall be required to return the
illegal profits obtained from such violation.
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1. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for committing any of the following
violations:
a) Using each plant protection product without complying with
the instructions for use specified on the product label;
b) Failing to collect the packaging of each plant protection
product after use and place it at the designated disposal site.
2. A fine ranging from VND 2.000.000 to VND 3.000.000 shall be imposed for using each plant protection product
that is not included in the List of plant protection products permitted for use
in Viet Nam.
3. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for using each plant protection
product without complying with the instructions for use specified on the
product label, thereby adversely affecting human health, livestock, ecosystems
and the environment.
4. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for using each plant protection
product that is not included in the List of plant protection products banned
from use in Viet Nam.
5. Remedial measures:
a) The entity committing
any of the violations specified in clauses 2 and 4 of this Article shall be
required to destroy the plant protection products;
b) The entity committing
the violation specified in clause 3 of this Article shall be required to
implement measures to remedy environmental pollution.
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1. A fine ranging from VND
500.000 to VND 1.000.000 shall be imposed for committing any of the following
violations:
a) Failing to ensure that the means of transport meet the
technical safety requirements for the transport of plant protection products as
prescribed by law;
b) Transporting plant
protection products together with other goods such as staple foods, foodstuffs,
beverages, animal feed, human medicines and veterinary drugs.
2. The transport of each
plant protection product that is not included in the List of plant protection
products permitted for use in Viet Nam shall be
subject to the same administrative penalties as those imposed for the trading
of each plant protection product that is not included in the List of plant
protection products permitted for use in Viet Nam, as prescribed in Article 36
of this Decree.
Article 39. Violations
of regulations on import of plant protection products
1. A fine ranging from VND
3.000.000 to VND 5.000.000 shall be imposed for committing any of the following
violations:
a) Importing each finished plant protection product included in the List of
plant protection products permitted for use in Viet Nam from a manufacturer
other than the one specified in the certificate of registration of the plant
protection product in Viet Nam;
b) Importing each finished plant protection product included in
the List of plant protection products permitted for use in Viet Nam with a
remaining shelf life of less than two-thirds (2/3) of the shelf life stated on
the product label, calculated from the date the product arrives in Viet Nam.
2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall
be imposed for importing finished plant protection products or technical-grade
plant protection products that fail to meet the applicable quality requirements
or conform to the corresponding technical regulations.
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a) Importing each finished plant protection product or
technical-grade plant protection product that is not included in the List of
plant protection products permitted for use in Viet Nam without an import
permit for plant protection products;
b) Importing each finished plant protection product or
technical-grade plant protection product that has expired;
c) Importing each plant protection product under an import permit for plant
protection products where the imported product is not of the type of finished
plant protection product or technical-grade plant protection product specified
in such issued permit.
4. A fine ranging from VND 20.000.000 to VND 25.000.000 shall
be imposed for importing plant protection products included in the List of
plant protection products banned from use in Viet Nam for use as reference
standards in testing activities without an import permit for plant protection
products.
5. A fine ranging from VND 20.000.000 to VND 30.000.000 shall
be imposed for importing each plant protection product containing methyl
bromide or an active ingredient classified as having acute toxicity Category I
or II under the Globally Harmonized System of Classification and Labeling of
Chemicals (GHS), without an import permit for plant protection products.
6. A fine ranging from VND
30.000.000 to VND 50.000.000 shall be imposed for importing each plant
protection product that is banned from use in Viet Nam.
7. Remedial measures:
a) The entity committing
any of the violations specified in clauses 1 and 2 of this Article shall be
required to remove the plant protection products from the territory of the
Socialist Republic of Viet Nam or re-export them. The plant protection products
which cannot be removed from the territory of the Socialist Republic of Viet
Nam or re-exported shall be destroyed;
b) The entity committing
any of the violations specified in clauses 3, 4, 5 and 6 of this Article shall
be required to remove the finished plant protection products and
technical-grade plant protection products from the territory of the Socialist
Republic of Viet Nam, or re-export or destroy them.
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1. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for committing any of the
following violations:
a) Failing to obtain a trial permit for each plant protection
product;
b) Failing to maintain all prescribed conditions for conducting
trials of plant protection products in accordance with Article 59 of the Law on
Plant Protection and Plant Quarantine throughout the trial activities.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for committing any of the
following violations:
a) Failing to comply with the prescribed standards and
requirements for trials;
b) Providing results that differ from the actual trial results
for each plant protection product.
3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for erasing or altering documents
relating to the trial of each plant protection
product so that they do not reflect
actual conditions.
4. A fine ranging from VND
30.000.000 to VND 40.000.000 shall be imposed for issuing a report on trial
results without actually conducting the trial of each plant protection product.
5. Additional penalty:
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6. Remedial measures:
a) The entity committing
the violation specified in point a clause 2 of this Article shall be required
to re-conduct the trial in accordance with the prescribed standards and
requirements for trials;
b) The entity committing
any of the violations specified in point b clause 2, and clauses 3 and 4 of
this Article shall be required to invalidate the trial results and recall and
destroy the relevant dossiers and documents.
Article 41. Violations
of regulations on management of permits in the field of plant protection and plant quarantine
1. A fine of VND 3.000.000
to VND 5.000.000 shall be imposed for intentionally erasing or altering any of
the following documents:
a) Decision on recognition
of an organization qualified to conduct plant protection product trials;
b) Import permit for plant protection products;
c) Trial permit for plant protection products;
d) Certificate of registration of plant protection products;
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e) Certificate of eligibility for production of plant
protection products; certificate of eligibility for trading of plant protection
products;
g) Practicing certificate
for treatment of articles subject to plant quarantine;
h) Notice of results of state inspection of the quality of
imported plant protection products.
2. A fine ranging from VND
10.000.000 to VND 20.000.000 shall be imposed for committing any of the
following violations:
a) Forging any of the
documents specified in clause 1 of this Article, provided that the authority
competent to institute criminal proceedings has issued a written request for
imposition of administrative penalties or one of the following decisions: a
decision not to file criminal charges, a decision to annul the decision to file
criminal charges, a decision to terminate investigation, a decision to dismiss
the case, or a decision to dismiss the lawsuit against the suspect or to grant
exemption from criminal liability under a judgment;
b) Forging the application
dossier for issuance of any of the documents specified in clause 1 of this
Article, provided that the authority competent to institute criminal
proceedings has issued a written request for imposition of administrative
penalties or one of the following decisions: a decision not to file criminal
charges, a decision to annul the decision to file criminal charges, a decision
to terminate investigation, a decision to dismiss the case, or a decision to
dismiss the lawsuit against the suspect or to grant exemption from criminal
liability under a judgment.
3. A fine ranging from VND
20.000.000 to VND 30.000.000 shall be imposed for using each plant protection
product for a purpose other than its intended purpose stated in the import
permit for plant protection products.
4. Additional penalty:
The import permit for
plant protection products of the entity committing the violation specified in
clause 3 of this Article shall be suspended for a fixed period of 06 – 12
months.
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a) The entity committing
the violation of intentionally erasing or altering any of the documents
specified in clause 1 of this Article shall be required to return the relevant
issued document to the competent authority or person that issued such document;
b) The entity committing
the violation of forging any of the documents specified in point a clause 2 of
this Article shall be required to recall and destroy the forged documents;
c) The entity committing
the violation specified in point b clause 2 of this Article shall be required
to recall the issued documents and destroy the issued documents and the
relevant application dossiers, where the issued documents are any of the
following: a decision on recognition of an organization qualified to conduct
plant protection product trials; an import permit for plant protection
products; an import phytosanitary permit; a phytosanitary certificate for
export/re-export, import, transit and domestic transport; a phytosanitary and
food safety inspection certificate for imported goods of plant origin; a
certificate of eligibility for production of plant protection products; a
certificate of eligibility for trading of plant protection products; a
practicing certificate for treatment of articles subject to plant quarantine;
or a notice of results of state inspection of the quality of imported plant
protection products;
d) The entity committing
the violation specified in clause 3 of this Article shall be required to recall
the plant protection products for use for its intended purpose stated in the
import permit for plant protection products;
dd) The entity committing
the violation specified in clause 3 of this Article shall be required to pay an
amount equivalent to the value of the plant protection products involved in the
violation, where the exhibits of the violation have been sold or cannot be
recovered.
Chapter V
POWER
TO MAKE RECORDS AND TO IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN THE
FIELDS OF CROP PRODUCTION, PLANT PROTECTION AND PLANT QUARANTINE
Article 42. Power to
make records of administrative violations
The following persons have
the power to make records of administrative violations in the fields of crop
production, plant protection and plant quarantine:
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2. Civil servants, public
employees and persons of the People’s Army or the People’s Public Security
Force working for the authorities or agencies specified in Articles 43 through
49 of this Decree who shall, upon detecting violations while performing their
official duties or assigned tasks, or conducting examinations or inspections in
the fields of crop production, plant protection and plant quarantine falling within
the scope of their management and their assigned functions, tasks and powers,
have the power to make records of such violations.
Article 43. Power to
impose penalties of heads of authorities performing state management tasks in
fields and sectors; and heads of specialized examination teams
1. Directors of Regional
Plant Quarantine Sub-departments under the Plant Production and Protection
Department; Directors of plant production and protection sub-departments under
Provincial-level Departments of Agriculture and Environment have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 25.000.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
50.000.000 for the violations in the field of fertilizers;
c) Suspend
permits/practicing certificates, or suspend operations for fixed periods;
d) Confiscate exhibits and
instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures mentioned in Points a, c, d, dd, e, g, h and i Clause 1 Article 28 of
the Law on Handling of Administrative Violations and in Clause 3 Article 4
hereof.
2. Directors of
provincial-level Departments of Agriculture and Environment have the power to:
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b) Impose fines of up to
VND 40.000.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
80.000.000 for the violations in the field of fertilizers;
c) Suspend permits/practicing
certificates, or suspend operations for fixed periods;
d) Confiscate exhibits and
instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures mentioned in Points a, c, d, dd, e, g, h and i Clause 1 Article 28 of
the Law on Handling of Administrative Violations and in Clause 3 Article 4
hereof.
3. The Director General of
the Plant Production and Protection Department has the power to:
a) Issue warnings;
b) Impose fines of up to
VND 50.000.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
100.000.000 for the violations in the field of fertilizers;
c) Suspend
permits/practicing certificates, or suspend operations for fixed periods;
d) Confiscate exhibits and
instrumentalities used for committing administrative violations;
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4. Heads of examination
teams established by the Director General of the Plant Production and
Protection Department have the power to impose penalties as prescribed in
clause 2 of this Article.
5. Heads of examination
teams established by the Minister of Agriculture and Environment of Viet Nam
have the power to impose penalties as prescribed in clause 3 of this Article.
6. Heads of organizations
affiliated to the Ministry of Agriculture and Environment of Vietnam that are
assigned to perform examination functions and tasks within the Ministry’s scope
of state management have the power to impose penalties as prescribed in clause
3 of this Article.
Article 44. Power to
impose penalties of Chairpersons of People’s Committees
1. Chairpersons of
People’s Committees of communes, wards, or special zones (hereinafter referred
to as “commune-level”) have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 25.000.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
50.000.000 for the violations in the field of fertilizers;
c) Suspend
permits/practicing certificates, or suspend operations for fixed periods;
d) Confiscate exhibits and
instrumentalities used for committing administrative violations;
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2. Chairpersons of
People’s Committees of provinces or cities (hereinafter referred to as
“provincial-level”) have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 50.000.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
100.000.000 for the violations in the field of fertilizers;
c) Suspend
permits/practicing certificates, or suspend operations for fixed periods;
d) Confiscate exhibits and
instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures mentioned in Points a, c, d, dd, e, g, h and i Clause 1 Article 28 of
the Law on Handling of Administrative Violations and in Clause 3 Article 4
hereof.
Article 45. Power to
impose penalties of People’s Public Security Force
1. Soldiers on duty of the
People’s Public Security Force have the power to:
a) Issue warnings;
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c) Confiscate the exhibits
and instrumentalities used for committing administrative violations whose value
does not exceed twice the fine specified in point b of this clause.
2. Heads of Company-level
Mobile Police Units have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 10.000.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
20.000.000 for the violations in the field of fertilizers;
c) Confiscate the exhibits
and instrumentalities used for committing administrative violations whose value
does not exceed twice the fine specified in point b of this clause;
d) Impose the remedial
measures specified in points a, c, dd and e clause 1 Article 28 of the Law on
Handling of Administrative Violations.
3. Heads of Police Posts,
Commanders of Mobile Police Battalions, Heads of Squadrons, Station Heads, and
Team Leaders have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 15.000.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
30.000.000 for the violations in the field of fertilizers;
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d) Confiscate the exhibits
and instrumentalities used for committing administrative violations whose value
does not exceed twice the fine specified in point b of this clause;
dd) Impose the remedial
measures specified in Points a, c, dd and e Clause 1 Article 28 of the Law on
Handling of Administrative Violations.
4. Commune-level Police
Chiefs have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 25.000.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
50.000.000 for the violations in the field of fertilizers;
c) Suspend
permits/practicing certificates, or suspend operations for fixed periods;
d) Confiscate exhibits and
instrumentalities used for committing administrative violations;
dd) Impose the remedial measures
mentioned in Points a, c, d, dd, e, g, h and i Clause 1 Article 28 of the Law
on Handling of Administrative Violations and in Clause 3 Article 4 hereof.
5. Heads of Police Offices
at International Airports; Heads of
professional divisions of the Economic Security Department, the Police
Department for Administrative Management of Social Order, the Traffic Police
Department, the Fire and Rescue Police Department, the Department of
Cybersecurity and Hi-tech Crime Prevention and Control, and the Immigration
Department; Heads of divisions affiliated to provincial-level police
departments, including: Heads of Internal Security Divisions, Internal
Political Security Divisions, Police Divisions for Administrative Management of
Social Order, Investigation Police Divisions for Social Order Crimes, Police
Divisions for Investigation into Corruption, Economy, Smuggling and
Environment-related Crimes, Police Divisions for Investigation into
Drug-related Crimes, Traffic Police Divisions, Mobile Police Divisions, Police
Divisions for Enforcement of Criminal Judgments and Judicial Assistance, Fire
and Rescue Police Divisions, Cybersecurity and Hi-tech Crime Prevention and
Control Divisions, Immigration Divisions, Economic Security Divisions, and
External Security Divisions; and Chiefs of
Offices of Investigation Police Authorities of provincial-level Police
Departments, have
the power to:
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b) Impose fines of up to
VND 40.000.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
80.000.000 for the violations in the field of fertilizers;
c) Suspend
permits/practicing certificates, or suspend operations for fixed periods;
d) Confiscate exhibits and
instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures mentioned in Points a, c, d, dd, e, g, h and i Clause 1 Article 28 of
the Law on Handling of Administrative Violations and in Clause 3 Article 4
hereof.
6. Directors of provincial-level
Police Departments have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 50.000.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
100.000.000 for the violations in the field of fertilizers;
c) Suspend
permits/practicing certificates, or suspend operations for fixed periods;
d) Confiscate exhibits and
instrumentalities used for committing administrative violations;
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7. The Director General of
the Economic Security Department, Chief of Office of the Investigation Police
Authority affiliated to the Ministry of Public Security, Directors General of
the Police Department for Administrative Management of Social Order, the Police
Department for Investigation of Social Order Crimes, the Police Department for
Investigation of Corruption, Economy and Smuggling-related Crimes, the Police
Department for Investigation of Drug-related Crimes, the Traffic Police
Department, the Fire and Rescue Police Department, the Environment Crime
Prevention and Fighting Police Department, the Department of Cybersecurity and
Hi-tech Crime Prevention and Control, the Internal Security Department, and the
Police Department for Management of Retention and Execution of Criminal
Judgments at Community, and the Commander of the Mobile Police, have the power
to:
a) Issue warnings;
b) Impose fines of up to
VND 50.000.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
100.000.000 for the violations in the field of fertilizers;
c) Suspend
permits/practicing certificates, or suspend operations for fixed periods;
d) Confiscate exhibits and
instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures mentioned in Points a, c, d, dd, e, g, h and i Clause 1 Article 28 of
the Law on Handling of Administrative Violations and in Clause 3 Article 4
hereof.
Article 46. Power to
impose penalties of Border Guard Force
1. On-duty soldiers of the
Border Guard Force have the power to:
a) Issue warnings;
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c) Confiscate the exhibits
and instrumentalities used for committing administrative violations whose value
does not exceed twice the fine specified in point b of this clause.
2. Station Heads or Team
Leaders in charge of supervising the soldiers mentioned in clause 1 of this
Article have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 5.000.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
10.000.000 for the violations in the field of fertilizers;
c) Confiscate the exhibits
and instrumentalities used for committing administrative violations whose value
does not exceed twice the fine specified in point b of this clause;
d) Impose the remedial
measures specified in points a, c, dd and e clause 1 Article 28 of the Law on
Handling of Administrative Violations.
3. Heads of Border Guard
Posts, Captains of Naval Border Guard Flotillas, and Commanding Officers of
Border Guard Commands at port border checkpoints have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 15.000.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
30.000.000 for the violations in the field of fertilizers;
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d) Impose the remedial
measures mentioned in Points a, c, d, dd, e, g, h and i Clause 1 Article 28 of
the Law on Handling of Administrative Violations and in Clause 3 Article 4
hereof.
4. Heads of Task Force
Commissions for Drug and Crime Prevention and Control which are put under
control of the Drug and Crime Prevention and Control Department affiliated to
the Border Guard High Command have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 25.000.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
50.000.000 for the violations in the field of fertilizers;
c) Suspend
permits/practicing certificates, or suspend operations for fixed periods;
d) Confiscate exhibits and
instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures mentioned in Points a, c, d, dd, e, g, h and i Clause 1 Article 28 of
the Law on Handling of Administrative Violations and in Clause 3 Article 4
hereof.
5. Commanding Officers of
Border Guard Commands; Captains of Naval Border Guard Squadrons affiliated to
the Border Guard High Command, and the Director General of the Drug and Crime
Prevention and Control Department have the power to:
a) Issue warnings;
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c) Suspend
permits/practicing certificates, or suspend operations for fixed periods;
d) Confiscate exhibits and
instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures mentioned in Points a, c, d, dd, e, g, h and i Clause 1 Article 28 of
the Law on Handling of Administrative Violations and in Clause 3 Article 4
hereof.
Article 47. Power to
impose penalties of Coast Guard Force
1. Police Officers on duty
of the Coast Guard Force have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 2.500.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
5.000.000 for the violations in the field of fertilizers;
c) Confiscate the exhibits
and instrumentalities used for committing administrative violations whose value
does not exceed twice the fine specified in point b of this clause.
2. Coast Guard Team
Leaders have the power to:
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b) Impose fines of up to
VND 5.000.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
10.000.000 for the violations in the field of fertilizers;
c) Confiscate the exhibits
and instrumentalities used for committing administrative violations whose value
does not exceed twice the fine specified in point b of this clause.
3. Heads of Coast Guard
Units or Coast Guard Stations have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 10.000.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
20.000.000 for the violations in the field of fertilizers;
c) Confiscate the exhibits
and instrumentalities used for committing administrative violations whose value
does not exceed twice the fine specified in point b of this clause;
d) Impose the remedial
measures specified in points a, c, dd and e clause 1 Article 28 of the Law on
Handling of Administrative Violations.
4. Captains of Coast Guard
Platoons have the power to:
a) Issue warnings;
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c) Confiscate the exhibits
and instrumentalities used for committing administrative violations whose value
does not exceed twice the fine specified in point b of this clause;
d) Impose the remedial
measures specified in points a, c, d, dd, e and i clause 1 Article 28 of the
Law on Handling of Administrative Violations.
5. Captains of Coast Guard
Squadrons; and Heads of Reconnaissance Commissions under the control of Vietnam
Coast Guard have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 25.000.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
50.000.000 for the violations in the field of fertilizers;
c) Suspend
permits/practicing certificates, or suspend operations for fixed periods;
d) Confiscate exhibits and
instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures specified in points a, c, d, dd, e and i clause 1 Article 28 of the
Law on Handling of Administrative Violations.
6. Regional Coast Guard
Commanders, Director General of the Department of Operations and Legislation
under the control of Vietnam Coast Guard have the power to:
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b) Impose fines of up to
VND 40.000.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
80.000.000 for the violations in the field of fertilizers;
c) Suspend
permits/practicing certificates for fixed periods;
d) Confiscate exhibits and
instrumentalities used for committing administrative violations;
dd) Impose the remedial
measures mentioned in Points a, c, d, dd, e, g, h and i Clause 1 Article 28 of
the Law on Handling of Administrative Violations and in Clause 3 Article 4
hereof.
7. Viet Nam Coast Guard
Commander has the power to:
a) Issue warnings;
b) Impose fines of up to
VND 50.000.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
100.000.000 for the violations in the field of fertilizers;
c) Suspend
permits/practicing certificates, or suspend operations for fixed periods;
d) Confiscate exhibits and
instrumentalities used for committing administrative violations;
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Article 48. Power to
impose penalties of Customs Authorities
1. Customs officials on
duty have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 2.500.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
5.000.000 for the violations in the field of fertilizers;
c) Confiscate the exhibits
and instrumentalities used for committing administrative violations whose value
does not exceed twice the fine specified in point b of this clause.
2. Heads of Border
Checkpoint/Out-Of-Checkpoint Customs Offices, Customs Procedure Inspection and
Post-Clearance Inspection Teams, Customs Clearance Teams, and Customs Control
Teams under the control of Regional Customs Sub-departments, Heads of
Anti-smuggling Control Teams under the control of the Anti-smuggling
Investigation Sub-department, and Heads of Regional Post-Clearance Inspection
Teams under the control of Post-Clearance Inspection Sub-department, have the
power to:
a) Issue warnings;
b) Impose fines of up to
VND 15.000.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
30.000.000 for the violations in the field of fertilizers;
c) Confiscate the exhibits
and instrumentalities used for committing administrative violations whose value
does not exceed twice the fine specified in point b of this clause;
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3. Directors of the
Anti-smuggling Investigation Sub-department, the Post-Clearance Inspection
Sub-department, and Regional Customs Sub-departments have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 25.000.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
50.000.000 for the violations in the field of fertilizers;
c) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
d) Suspend
permits/practicing certificates, or suspend operations for fixed periods;
dd) Impose the remedial
measures mentioned in Points a, c, d, dd, e, g, h and i Clause 1 Article 28 of
the Law on Handling of Administrative Violations and in Clause 3 Article 4
hereof.
4. The Director General of
the Department of Customs of Viet Nam has the power to:
a) Issue warnings;
b) Impose fines of up to
VND 50.000.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
100.000.000 for the violations in the field of fertilizers;
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d) Suspend
permits/practicing certificates, or suspend operations for fixed periods;
dd) Impose the remedial
measures mentioned in Points a, c, d, dd, e, g, h and i Clause 1 Article 28 of
the Law on Handling of Administrative Violations and in Clause 3 Article 4
hereof.
Article 49. Power to
impose penalties of Market Surveillance Authorities
1. Market controllers on
duty have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 5.000.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
10.000.000 for the violations in the field of fertilizers;
c) Confiscate the exhibits
and instrumentalities used for committing administrative violations whose value
does not exceed twice the fine specified in point b of this clause.
2. Leaders of Market
Surveillance Teams under the control of Market Surveillance Sub-departments
affiliated to Provincial-level Departments of Industry and Trade have the power
to:
a) Issue warnings;
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c) Confiscate the exhibits
and instrumentalities used for committing administrative violations whose value
does not exceed twice the fine specified in point b of this clause;
d) Impose the remedial
measures mentioned in Points a, c, d, dd, e, g, h and i Clause 1 Article 28 of
the Law on Handling of Administrative Violations and in Clause 3 Article 4
hereof.
3. Directors of Market
Surveillance Sub-departments, and the head of the Market Surveillance
Operations Department affiliated to the Agency for Domestic Market Surveillance
and Development, have the power to:
a) Issue warnings;
b) Impose fines of up to
VND 25.000.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
50.000.000 for the violations in the field of fertilizers;
c) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
d) Suspend
permits/practicing certificates, or suspend operations for fixed periods;
dd) Impose the remedial
measures mentioned in Points a, c, d, dd, e, g, h and i Clause 1 Article 28 of
the Law on Handling of Administrative Violations and in Clause 3 Article 4
hereof.
4. The Director General of
the Agency for Domestic Market Surveillance and Development has the power to:
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b) Impose fines of up to
VND 50.000.000 for the violations in the fields of crop production (except
fertilizers), plant protection and plant quarantine; and fines of up to VND
100.000.000 for the violations in the field of fertilizers;
c) Confiscate the exhibits
and instrumentalities used for committing administrative violations;
d) Suspend
permits/practicing certificates, or suspend operations for fixed periods;
dd) Impose the remedial
measures mentioned in Points a, c, d, dd, e, g, h and i Clause 1 Article 28 of
the Law on Handling of Administrative Violations and in Clause 3 Article 4
hereof.
Article 50. Allocation
of powers to impose administrative penalties
1. Heads of authorities
performing state management tasks in fields and sectors, and heads of
specialized examination teams, shall have the power to impose administrative
penalties and apply additional penalties and remedial measures for the
administrative violations prescribed in this Decree, within their jurisdiction
prescribed in Article 43 of this Decree and within the scope of their assigned
functions, tasks and powers.
2. Chairpersons of
People’s Committees at all levels shall have the power to impose administrative
penalties and apply additional penalties and remedial measures for the
administrative violations prescribed in this Decree within their jurisdiction
prescribed in Article 44 of this Decree and within the scope of their assigned
functions, tasks and powers.
3. Competent persons of
the People’s Public Security Force shall have the power to impose
administrative penalties and apply additional penalties and remedial measures
for the administrative violations prescribed in this Decree within their
jurisdiction prescribed in Article 45 of this Decree and within the scope of
their assigned functions, tasks and powers.
4. Competent persons of
the Border Guard Force shall have the power to impose administrative penalties
and apply additional penalties and remedial measures for the administrative
violations prescribed in Article 12; Article 15; Article 16; point dd clause 1
Article 17; Article 23; Article 24; clauses 4, 5 and 6 Article 30; Article 31;
Article 36; Article 37; Article 38; and clause 6 Article 39 of this Decree, within
their jurisdiction prescribed in Article 46 of this Decree and within the scope
of their assigned functions, tasks and powers.
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6. Competent persons of
Customs Authorities shall have the power to impose administrative penalties and
apply additional penalties and remedial measures for the administrative
violations prescribed in Article 15; Article 16; Article 17; points dd and e
clause 2 Article 18; point a clause 3 Article 21; Article 24; Article 29; point
b clause 4 Article 30; Article 31; Article 33; Article 39; and Article 41 of
this Decree, within their jurisdiction prescribed in Article 48 of this Decree
and within the scope of their assigned functions, tasks and powers.
7. Competent persons of
Market Surveillance Authorities shall have the power to impose administrative
penalties and apply additional penalties and remedial measures for the
administrative violations prescribed in Article 11; Article 12; Article 16;
Article 17; Article 18; Article 19; point a clause 3 Article 21; Article 22;
Article 23; Article 24; Article 29; points a and b clause 3 and clause 4
Article 30; Article 35; Article 36; Article 38; Article 39; and Article 41 of
this Decree, within their jurisdiction prescribed in Article 49 of this Decree
and within the scope of their assigned functions, tasks and powers.
Article 51. Suspension
of permits and practicing certificates, and suspension of operations for fixed
periods
1. The suspension of
permits or practicing certificates, or suspension of operations, shall comply
with Chapters II, III and IV of this Decree.
2. The period of suspension of a permit or practicing
certificate shall commence as follows:
a) Where, at the time the penalty imposition decision is
issued, the person having the power to impose penalties has already taken
custody of the permit or practicing certificate of the violating entity, the
suspension period shall commence on the effective date of the penalty
imposition decision;
b) Where, at the time the penalty imposition decision is
issued, the person having the power to impose penalties has not yet taken
custody of the permit or practicing certificate of the violating entity, such
person shall nevertheless issue the penalty imposition decision in accordance
with applicable regulations. The penalty imposition decision must clearly
specify the effective date of the additional penalty of suspension of the
permit or practicing certificate (i.e. the commencement of the suspension
period), which shall be the date on which the violating entity presents their
permit or practicing certificate to the person having the power to impose
penalties for the latter to take custody thereof;
c) Upon taking custody of a permit or practicing certificate
subject to suspension as prescribed in Point b of this Clause, and upon
returning a permit or practicing certificate subject to suspension as
prescribed in Points a and b of this Clause, the person having the power to
impose penalties must draw up a record and retain it in the administrative
violation case file in accordance with applicable regulations.
3. During the period of
suspension of a permit or suspension of operations, where the violating entity
continues to conduct the relevant activities as if the permit were still valid,
such violating entity shall be subject to the same penalties as those imposed
for the violation of conducting such activities without a permit.
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IMPLEMENTATION
Article 52. Effect
1. This Decree comes into
force from August 05, 2026.
2. The Government’s Decree
No. 31/2016/ND-CP dated May 06, 2016, as amended by Government’s Decree No.
04/2020/ND-CP, Government’s Decree No. 07/2022/ND-CP and Government’s Decree
No. 31/2023/ND-CP dated June 09, 2023, shall cease to be effective from the
effective date of this Decree.
Article 53. Transition
1. Administrative violations
in the fields of crop production, plant protection and plant quarantine which
have been committed and terminated before the effective date of this Decree,
but have been detected thereafter or are put under consideration or settlement,
shall be handled in accordance with provisions of the relevant Decrees in
effect at the time the violation was committed.
2. Administrative
violations in the fields of crop production, plant protection and plant
quarantine which have been committed before the effective date of this Decree
but are still ongoing when this Decree takes effect shall be handled in
accordance with provisions of this Decree.
3. With respect to penalty
imposition decisions issued before the effective date of this Decree, where the
entities subject to penalties under such decisions have outstanding complaints
or lawsuits, the Law on Handling of Administrative Violations and the
Government’s Decree No. 31/2016/ND-CP dated May 06, 2016, as amended by
Government’s Decree No. 04/2020/ND-CP, Government’s Decree No. 07/2022/ND-CP
and Government’s Decree No. 31/2023/ND-CP dated June 09, 2023, shall apply to
the consideration and resolution of such complaints or lawsuits.
Article 54.
Responsibility for implementation
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2. Ministers, heads of
ministerial-level agencies, Chairpersons of People’s Committees of provinces or
centrally-governed cities, and heads of relevant agencies and organizations are
responsible for the implementation of this Decree.
ON BEHALF OF THE GOVERNMENT
PP. THE PRIME MINISTER
DEPUTY PRIME MINISTER
Ho Quoc Dung