THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 115/2016/ND-CP
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Hanoi, July 08, 2016
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DECREE
AMENDMENTS TO THE GOVERNMENT'S DECREE NO. 163/2013/ND-CP
DATED NOVEMBER 12, 2013 ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST
REGULATIONS ON CHEMICALS, FERTILIZERS AND INDUSTRIAL EXPLOSIVES
Pursuant to the Law on
Government organization dated June 19, 2015;
Pursuant to the Law on
Penalties for administrative violations dated June 20, 2013;
Pursuant to the Law on
Chemicals dated November 21, 2007;
At the request of the
Minister of Industry and Trade and the Minister of Agriculture and Rural
development;
The
Government promulgates a Decree on amendments to the Government's Decree No.
163/2013/ND-CP dated November 12, 2013 on penalties for administrative
violations against regulations on chemicals, fertilizers and industrial
explosives.
Article
1. Amendments to the Government's Decree No. 163/2013/ND-CP dated November 12,
2013 on penalties for administrative violations against regulations on
chemicals, fertilizers and industrial explosives
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“Article 3. Penalties,
remedial measures and rules for implementation
1. Apart from the primary
penalties that are warnings and fines, depending on the nature and seriousness
of the violations, the organization or individual that commits an
administrative violation against regulations on chemicals, fertilizer and industrial
explosives may incur one or some of the following additional penalties:
a) Suspension of the
license to manufacture or sell chemicals on the List of chemicals restricted
from manufacture and trade; suspension of the certificate of registration or decision
on appointment of fertilizer-certifying or fertilizer-testing body; license to
manufacture Schedule chemicals; license to manufacture fertilizers; license to
use industrial explosives; certificate of industrial explosive activities;
b) Suspension of
manufacture, trade or storage of hazardous chemicals; suspension of operation
of the Schedule chemical, DOC chemical, DOC-PSF chemical facility; suspension
of fertilize manufacture; suspension of industrial explosive activities;
c) Confiscation of exhibits
and instruments for committing violations is considered an additional penalty
and only applied to the exhibits specified in Article 26 of the Law on Actions
against administrative violations and Clause 2 Article 3 of the Government's
Decree No. 81/2013/ND-CP dated July 19, 2013 on guidelines for implementation
of the Law on Actions against administrative violations.
2. Rules for
implementation of remedial measures are specified in Clause 2 Article 28 of the
Law on Actions against administrative violations.
Depending on the nature
and seriousness of violations, one or some remedial measures specified in
Clause 6 Article 5, Clause 6 Article 14, Clause 8 Article 14a, Clause 4 Article
14b, Clause 4 Article 14d, Clause 2 Article 14e, Clause 3 Article 14g, Clause 8
Article 19, Clause 2 Article 20, Clause 3 Article 21, Clause 4 Article 24,
Clause 4 Article 25 shall be enforced.”
2.
Article 4 is amended as follows:
“Article 4. Imposition
of administrative penalties
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2. Fine is considered a
primary penalty. The fines specified in this Decree are imposed upon
administrative violations committed by individuals. The fine for the same
violation committed by an organization is twice as much as that imposed upon an
individual.”
3.
Clause 3 Article 5 is amended as follows:
“3. Fines for violations
against regulations on planning prevention of and response to chemical
accidents, measures for prevention of and response to chemical accidents (not
applied to petrol, oil and LPG):
a) A fine of from VND
5,000,000 to VND 10,000,000 shall be imposed for failure request a competent
authority to approve or certify the plan for prevention of and response to
chemical accidents or measures for prevention of and response to chemical
accidents;
b) A fine of from VND
10,000,000 to VND 15,000,000 VND shall be imposed for the failure to work out a
plan or measures for prevention of and response to chemical accidents during
the process of manufacture, sale and storage of hazardous chemicals.”
4.
Clauses 4a, 4b, 4c, 4d, 4đ are added to Article 5:
“4a. A fine of from
VND 5,000,000 to VND 10,000,000 shall be imposed for employment of an
unqualified person as Technical Director or Deputy Technical Director or person
in charge of chemical manufacture of a chemical factory.
4b. Fines for violations
against regulations on chemical safety note:
a) A fine of from VND
1,000,000 to VND 3,000,000 shall be imposed for failure to write sufficient
about hazardous chemicals on the chemical safety note;
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c) A fine of from VND
5,000,000 to VND 7,000,000 shall be imposed for using or selling hazardous
chemicals without a chemical safety note.
4c. A fine of from VND
7,000,000 to VND 10,000,000 shall be imposed for failure to classify chemicals
before using or selling chemicals according to regulations of law on labeling
and classifying chemicals.
4d. Fines for employment
of a person who is not trained in chemical safety in a chemical factory,
employment of a person who is not trained in safe transport of dangerous
industrial goods to transport of hazardous chemicals:
a) A fine of from VND
3,000,000 to VND 5,000,000 shall be imposed if the violation involves fewer
than 20 unqualified people;
b) A fine of from VND
5,000,000 to VND 8,000,000 shall be imposed if the violation involves 20 - 49
unqualified people;
c) A fine of from VND
8,000,000 to VND 10,000,000 shall be imposed if the violation involves 50 – 99
unqualified people;
d) A fine of from VND
10,000,000 to VND 15,000,000 shall be imposed if the violation involves 100
unqualified people or more.
4dd. Fines for violations
against regulations on packaging dangerous goods in industrial manufacture for
transport:
a) A fine of from VND
10,000,000 to VND 15,000,000 shall be imposed for failure to inspect the
containers before packaging hazardous chemicals;
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5.
Clause 5 and Clause 6 of Article 5 are amended as follows:
“5. Additional penalties:
The manufacture, sale or
storage of hazardous chemicals shall be suspended for 01 - 03 months if the
violation specified in Clause 3 of this Article threaten or seriously harm
human health and the environment.
6. Remedial measures:
a) Enforced compliance
with professional requirements for chemical manufacture in case of the
violation specified in Clause 4a of this Article;
b) Enforced provision of
accurate and adequate information about hazardous chemicals on the chemical
safety note; enforced compliance with regulations on chemical safety notes
before using or selling chemicals in case of the violation specified in Clause
4b of this Article;
c) Enforced
classification of chemicals before using or selling chemicals in accordance
with regulations of law on labeling and classifying chemicals in case of the
violation specified in Clause 4c of this Article;
d) Enforced provision of
training in chemical safety and safe transport of dangerous industrial goods in
case of the violation specified in Point 4d of this Article;
dd) Enforced compliance
with regulations on packaging dangerous industrial goods for transport in case
of the violation specified in Point 4dd of this Article.”
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Article 8 of the
Government's Decree No. 185/2013/ND-CP shall be applied to imposition of
penalties for violations against regulations on certificates of eligibility for
conditional manufacture or trading of chemicals.
7.
Article 10 is amended as follows:
Article 7 of the
Government's Decree No. 185/2013/ND-CP shall be applied to imposition of
penalties for violations against regulations on business operation under
business licenses.
8.
Article 14 is amended as follows:
“Article 14.
Violations against regulations on management of domestic and medical pesticides
and germicides
1. A fine of from VND
10,000,000 to VND 15,000,000 shall be imposed for failure to comply with
regulations on conditions for manufacturing or selling domestic or medical
pesticides and germicides.
2. A fine of from VND
15,000,000 to VND 20,000,000 shall be imposed for manufacturing, bottling,
packaging a domestic or medical pesticide or germicide where:
a) the pesticide or
germicide does not meet registered standards which are approved by the Ministry
of Health;
b) the origin of the
pesticide or germicide is not consistent with the registered origin.
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4. A fine of from VND
30,000,000 to VND 50,000,000 shall be imposed for manufacturing, bottling,
packaging a domestic or medical pesticide or germicide where:
a) a Certificate of free
sale in Vietnam of such pesticide or germicide has not been granted;
b) the pesticide or
germicide is on the list of domestic and medical pesticides and germicides
banned in Vietnam.
5. Additional penalties:
a) The certificate of
pesticide or germicide registration shall be revoked in case of the violation
specified in Clause 3 of this Article. Within 6 months from the day on which
the revocation decision is issued, the violator may not submit any application
or authorize another organization or individual to submit an application for
registration of domestic or medical pesticide or germicide;
b) Exhibits shall be
confiscated in case of the violation specified in Clause 4 of this Article.
6. Remedial measures:
a) Enforced destruction
or recycling (if possible) of the pesticide or germicide in case of the
violation specified in Point a Clause 2 of this Article;
b) Enforced destruction
of the pesticide or germicide in case of the violation specified in Clause 3
and Clause 4 of this Article;
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9.
Article 14a is added as follows:
“Article 14a.
Violations against regulations on selling domestic and medical pesticides and
germicides
1. A fine of from VND
1,000,000 to VND 2,000,000 shall be imposed for selling less than 5 kilograms
or 5 liters of an expired domestic or medical pesticide or germicide, a
pesticide or germicide that does not meet registered standards approved by the
Ministry of Health, a domestic or medical pesticide or germicide which is not
granted a certificate of free sale in Vietnam.
2. A fine of from VND
2,000,000 to VND 3,000,000 shall be imposed for any of the following
violations:
a) Selling from 5 to less
than 20 kilograms or liters of an expired domestic or medical pesticide or
germicide, a pesticide or germicide that does not meet registered standards
approved by the Ministry of Health, a domestic or medical pesticide or
germicide which is not granted a certificate of free sale in Vietnam.
b) Selling less than 3
kilograms or 3 liters of a domestic or medical pesticide or germicide that is
banned in Vietnam.
3. A fine of from VND
3,000,000 to VND 5,000,000 shall be imposed for any of the following
violations:
a) Selling from 20 to
less than 100 kilograms or liters of an expired domestic or medical pesticide
or germicide, a pesticide or germicide that does not meet registered standards
approved by the Ministry of Health, a domestic or medical pesticide or
germicide which is not granted a certificate of free sale in Vietnam;
b) Selling from 3 to less
than 5 kilograms or liters of a domestic or medical pesticide or germicide that
is banned in Vietnam;
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d) Selling and providing
incorrect instructions to use the pesticides or germicides.
4. A fine of from VND
5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Selling from 100 to
less than 300 kilograms or liters of an expired domestic or medical pesticide
or germicide, a pesticide or germicide that does not meet registered standards
approved by the Ministry of Health, a domestic or medical pesticide or
germicide which is not granted a certificate of free sale in Vietnam;
b) Selling from 5 to less
than 10 kilograms or liters of a domestic or medical pesticide or germicide
that is banned in Vietnam.
5. A fine of from VND
10,000,000 to VND 20,000,000 shall be imposed for any of the following
violations:
a) Selling from 300 to
less than 500 kilograms or liters of an expired domestic or medical pesticide or
germicide, a pesticide or germicide that does not meet registered standards
approved by the Ministry of Health, a domestic or medical pesticide or
germicide which is not granted a certificate of free sale in Vietnam;
b) Selling from 10 to
less than 20 kilograms or liters of a domestic or medical pesticide or
germicide that is banned in Vietnam.
6. A fine of from VND
30,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
a) Selling from 500 to
less than 1,000 kilograms or liters of an expired domestic or medical pesticide
or germicide, a pesticide or germicide that does not meet registered standards
approved by the Ministry of Health, a domestic or medical pesticide or
germicide which is not granted a certificate of free sale in Vietnam;
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7. A fine of from VND
40,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
a) Selling ≥ 1,000
kilograms or liters of an expired domestic or medical pesticide or germicide, a
pesticide or germicide that does not meet registered standards approved by the
Ministry of Health, a domestic or medical pesticide or germicide which is not granted
a certificate of free sale in Vietnam;
b) Selling from 30 to
less than 50 kilograms or liters of a domestic or medical pesticide or
germicide that is banned in Vietnam.
8. Remedial measures:
a) Enforced recall and
destruction or recycling (if possible) of the pesticide or germicide that is
expired or fails to meet applied standards as specified in Clause 1, Point a
Clause 2, Point a Clause 3, Point a Clause 4, Point a Clause 5, Point a Clause
6 and Point a Clause 7 of this Article;
b) Enforced destruction
of the pesticide or germicide that is banned in Vietnam or not on the List of
permissible or restricted domestic and medical pesticides and germicides in
Vietnam and preparations in glass cylinders in case of the violation specified
in Point d Clause 1; Clause 2; Points a, b and d Clause 3; Clause 4, Clause 5,
Clause 6 and Clause 7 of this Article.”
10.
Article 14a is added as follows:
“Article 14a.
Violations against regulations on use of domestic and medical pesticides and
germicides
1. A warning fine of from
VND 200,000 to VND 500,000 shall be imposed for using a domestic or medical
pesticide or germicide against the instructions on its label or package.
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3. A fine of from VND
1,000,000 to VND 3,000,000 shall be imposed for any of the following
violations:
a) Use of a domestic or
medical pesticide or germicide that is banned in Vietnam;
b) Use of a domestic or
medical pesticide or germicide against the instructions on its label or package
in a manner that is dangerous to humans, animals and causes environmental
pollution.
4. Remedial measures:
a) Enforced destruction
of the pesticide or germicide in case of the violation specified in Clause 2
and Point a Clause 3 of this Article;
b) Enforced environmental
pollution reduction in case of the violation specified in Point b Clause 3 of
this Article.”
11.
Article 14a is added as follows:
“Article 14a.
Violations against regulations on transport of domestic and medical pesticides
and germicides
1. A warning or fine of
from VND 500,000 to VND 1,000,000 shall be imposed for any of the following
violations:
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b) Transporting a
domestic or medical pesticide or germicide together with foods, beverages,
drugs or other consumables;
c) Transporting a
domestic or medical pesticide or germicide on a public transportation.
2. Penalties for
transport of a domestic or medical pesticide or germicide which is banned or
has not been granted a Certificate of free sale in Vietnam or an import license
by the Ministry of Health are the same as those imposed upon the violations
specified in Article 14a of this Decree.”
12.
Article 14a is added as follows:
“Article 14a.
Violations against regulations on import of domestic and medical pesticides and
germicides
1. A fine of from VND
3,000,000 to VND 5,000,000 shall be imposed for import of a domestic or medical
pesticide or germicide that does not meet registered standards approved by the
Ministry of Health.
2. A fine of from VND
15,000,000 to VND 30,000,000 shall be imposed for any of the following
violations:
a) Import of a domestic
or medical pesticide or germicide which has not been granted a Certificate of
free sale in Vietnam or import license by the Ministry of Health;
b) Import of a domestic
or medical pesticide or germicide which is expired or does not have a clear
origin.
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4. Remedial measures:
a) Enforced re-export of
the pesticide or germicide in case of the violation specified in Clause 1 of
this Article;
b) Enforced re-export or
destruction of the pesticide or germicide in case of the violation specified in
Point a or b Clause 2 of this Article.”
13.
Article 14dd is added as follows:
“Article 14dd. Violations against regulations on
experimenting domestic and medical pesticides and germicides
1. A fine of from VND
3,000,000 to VND 5,000,000 shall be imposed for experimenting a new domestic or
medical pesticide or germicide against the procedures established by the
Ministry of Health.
2. A fine of from VND
10,000,000 to VND 20,000,000 shall be imposed for testing a domestic or medical
pesticide or germicide which is on the List of domestic and medical pesticides
and germicides banned in Vietnam.”
14.
Article 14e is added as follows:
“Article 14e.
Violations against regulations on labels of domestic and medical pesticides and
germicides
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2. Remedial measures:
Enforced recall or
relabeled of the pesticide or germicide having unconformable labels or in case
of the violation specified in Clause 1 of this Article.”
15.
Article 14g is added as follows:
“Article 14g.
Violations against regulations on advertising domestic and medical pesticides
and germicides
1. A fine of from VND
5,000,000 to VND 10,000,000 shall be imposed for advertising a domestic or
medical pesticide or germicide against the advertisement certificate issued by
the Ministry of Health.
2. A fine of from VND
10,000,000 to VND 20,000,000 shall be imposed for advertising a domestic or
medical pesticide or germicide without an advertisement certificate issued by
the Ministry of Health.
3. Remedial measures:
Enforced suspension of
the advertisement for the pesticide or germicide in case of the violation
specified in Clause 1 and Clause 2 of this Article.”
16.
Clause 2 and Clause 3 of Article 17 are amended as follows:
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a)
Manufacture of a Schedule 3 or Schedule 2 chemical against the license to
manufacture Schedule 3 or Schedule 2 chemicals;
b) Export or import of a
Schedule 3 or Schedule 2 chemical against the export license or import license;
c) Transfer of the
license to export or import Schedule 3 or Schedule 2 chemicals to another
enterprise;
d) Export/import of a
Schedule 2 chemical to/from an organization or individual of a country that is
not a signatory to Chemical Weapons Convention;
dd) Export of a Schedule
3 chemical to a country that is not a signatory to the Convention without a
certificate of end user issued by a competent authority of such country.
3. A fine of from VND
30,000,000 to VND 40,000,000 shall be imposed for manufacturing a Schedule 3
chemical or and Schedule 2 chemical without a license to manufacture Schedule 3
or Schedule 2 chemicals; exporting or importing a Schedule 3 chemical or and
Schedule 2 chemical without a license issued by a competent authority.”
17.
Point a Clause 1 and Clause 2 of Article 18 are amended as follows:
“1. A fine of from VND
30,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
a) Development,
manufacture, processing, consumption, sale, ownership, storage, or use of toxic
chemicals and precursors thereof, or banned Schedule 1 chemicals;
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a) Failure to declare or
correctly declare information about the manufacture, sale, processing,
consumption or storage of Schedule 1 chemicals as prescribed;
b) Failure to submit the
report on export or import of Schedule 1 chemicals as prescribed;
c) Failure to submit the last
year's declarations of exported, imported and domestic distribution of each
Schedule 1 chemical as prescribed;
dd) Failure to facilitate
audit of reports on export/import of Schedule 1 chemicals by Organisation for
the Prohibition of Chemical Weapons or the Ministry of Industry and Trade in
cooperation with a Vietnamese authority.”
18.
Article 19 is amended as follows:
“Article 19.
Violations against regulations on manufacturing and processing fertilizers,
licenses for to manufacture or process fertilizers
1. A fine of from VND
1,000,000 to VND 3,000,000 shall be imposed for any of the following
violations:
a) Failure to separate
fertilizers from raw materials in the fertilizer factory;
b) Placing fertilizers
directly on the floor or ground instead of shelves.
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3. A fine of from VND
5,000,000 to VND 7,000,000 shall be imposed for failure to retain samples of
each batch for a sufficient period of time, except for those of natural gas,
associated gas and auxiliary materials; failure to retain documents about test
result of each batch.
4. A fine of from VND
7,000,000 to VND 10,000,000 shall be imposed for employing a person who does
not have a degree in physics, chemistry, biology or agriculture to manufacture
fertilizers.
5. A fine of from VND
10,000,000 to VND 15,000,000 shall be imposed for the failure to have an
agreement or contract with a laboratory appointed by a competent authority to
assess fertilizer quality or failure to have fertilizers undergone quality
assessment before they are put up for sale.
6. Fines for violations
against regulations on the license manufacture or process fertilizers:
a) A fine of from VND
3,000,000 to VND 5,000,000 shall be imposed for falsifying the License to
manufacture or process fertilizers;
b) A fine of from VND
5,000,000 to VND 10,000,000 shall be imposed for manufacturing fertilizer
without applying for reissuance of or adjustment to the license to manufacture
fertilizers;
c) A fine of from VND
8,000,000 to VND 10,000,000 shall be imposed for manufacturing or processing
fertilizers for another organization without a contract between two parties.
d) A fine of from VND
10,000,000 to VND 15,000,000 shall be imposed for failure to return the license
to manufacture or process fertilizers according to the decision on revocation
issued by a competent authority;
dd) A fine of from VND
20,000,000 to VND 25,000,000 shall be imposed for manufacturing a fertilizer
which is not specified in the license to manufacture or process fertilizers;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
g) A fine of from VND
35,000,000 to VND 40,000,000 shall be imposed for using another entity’s
license to manufacture or process fertilizers to manufacture fertilizers;
manufacturing or processing fertilizers without a license to manufacture or
process fertilizers issued by a competent authority;
h) A fine of from VND
50,000,000 to VND 55,000,000 shall be imposed for carrying on manufacture of
fertilizer while the business operation or license to manufacture or process
fertilizers has been suspended.
7. Additional penalties:
a) The license to
manufacture or process fertilizers shall be suspended for 1 – 3 months in case
of the violation specified in Point a and e Clause 6 of this Article;
b) Manufacture or
processing of fertilizer shall be suspended for 1 – 3 months in case of the
violation specified in Point b, dd and g Clause 6 of this Article.
8. Remedial measures:
Enforced fulfillment with
technical requirements for manufacture of fertilizers in case of the violation
specified in Clause 4 of this Article.”
19. Article
20 is amended as follows:
“Article 20.
Violations against restrictions on manufacturing, processing and trading of
fertilizers
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a) Manufacturing,
processing or trading fertilizer beyond the restrictions on organic
fertilizers, mineral-organic fertilizers, microorganism fertilizers, biological
organic fertilizers, biological fertilizer, microorganism fertilizers, leaf
fertilizers, fertilizers containing humectants,
fertilizers containing enhancements, fertilizers that improves plant immunity,
fertilizers containing growth regulators, fertilizers derived from rare earth,
fertilizers for soil improvement;
b) Manufacturing,
processing or trading fertilizers containing toxic substances (biuret, arsenic,
cadmium, lead, mercury, free acid) according to regulations on each inorganic
fertilizer.
2. Remedial measures:
Enforced recall and
destruction of fertilizers that harm human, animal or plant health or the
environment in case of the violation specified in Clause 1 of this Article.”
20.
Article 21 is amended as follows:
“Article 21.
Violations against regulations on fertilizer trading
1. A fine of from VND
1,000,000 to VND 3,000,000 shall be imposed for failure to separate fertilizers
from other goods or placing fertilizers directly on the floor or ground instead
of shelves at the trading location.
2. Fines for trading in
fertilizers suspended from manufacture or sale:
a) A warning or fine of
from VND 100,000 to VND 300,000 shall be imposed if the fertilizes are assessed
at less than VND 1,000,000;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) A fine of from VND
500,000 to VND 1,000,000 shall be imposed if the fertilizes are assessed at
from VND 2,000,000 to less than VND 3,000,000;
d) A fine of from VND
1,000,000 to VND 2,000,000 shall be imposed if the fertilizes are assessed at
from VND 3,000,000 to less than VND 5,000,000;
dd) A fine of from VND
2,000,000 to VND 3,000,000 shall be imposed if the fertilizes are assessed at
from VND 5,000,000 to less than VND 10,000,000;
e) A fine of from VND
3,000,000 to VND 4,000,000 shall be imposed if the fertilizes are assessed at
from VND 10,000,000 to less than VND 20,000,000;
g) A fine of from VND
4,000,000 to VND 5,000,000 shall be imposed if the fertilizes are assessed at
from VND 20,000,000 to less than VND 30,000,000;
h) A fine of from VND
5,000,000 to VND 7,000,000 shall be imposed if the fertilizes are assessed at
from VND 30,000,000 to less than VND 40,000,000;
i) A fine of from VND
7,000,000 to VND 10,000,000 shall be imposed if the fertilizes are assessed at
from VND 40,000,000 to less than VND 50,000,000;
k) A fine of from VND
10,000,000 to VND 13,000,000 shall be imposed if the fertilizes are assessed at
from VND 50,000,000 to less than VND 70,000,000;
l) A fine of from VND
13,000,000 to VND 15,000,000 shall be imposed if the fertilizes are assessed at
from VND 70,000,000 to less than VND 100,000,000;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Remedial measures:
a) Enforced recall of the
fertilizers suspended from manufacture or sale;
b) Enforced destruction
of the fertilizers containing heavy metals, microorganisms or other toxins
beyond the limits and suspended from manufacture or sale in case of the
violation specified in Clause 2 of this Article.”
21.
Article 23 is amended as follows:
“Article 23.
Violations against regulations on import of fertilizers
1. a) A fine of from VND
3,000,000 to VND 5,000,000 shall be imposed for falsifying the License to
import fertilizers for experiment, use in a sports stadium or amusement part,
use by a foreign-invested company for its manufacturing purpose, use in a
foreign project in Vietnam, as a gift or sample, use in a fair or exhibition or
scientific research; for falsifying the automatic import license for some types
of fertilizers.
2. Additional penalties:
The license to import
fertilizers shall be suspended for 1 – 3 months in case of the violation
specified in Clause 1 of this Article.”
22.
Article 24 is amended as follows:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
1. A fine of from VND
5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Taking fertilizer
samples without a certificate of training in fertilizer sampling;
b) Failure to apply the
sampling method prescribed by National Technical Regulation or international
standard on fertilizer sampling;
c) Failure to apply the
analysis or testing method prescribed by National Technical Regulation or
international standard or a standard applied by the manufacturer or importer.
2. A fine of from VND
10,000,000 to VND 15,000,000 shall be imposed for failure to publish the
sampling method, analysis or testing method as prescribed or under internal
standards (if a national technical regulation or standard for the fertilizer is
not available).
3. Fines for violations
against regulations on conformity certification and fertilizer testing:
a) A fine of from VND
40,000,000 to VND 50,000,000 shall be imposed for running fertilizer quality
analysis or testing without accreditation or appointment by a competent
authority;
b) A fine of from VND
30,000,000 to VND 40,000,000 shall be imposed for running fertilizer quality
analysis or testing of a type of fertilizer beyond the permissible scope.
4. Additional penalties:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Remedial measures:
The fertilizer sample
analysis or testing result shall be invalidated in case of the violation
specified in Clause 1 of this Article.”
23.
Article 25 is amended as follows:
“Article 25.
Violations against regulations on fertilizer experiment
1. A fine of from VND
5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Failure to send the
approved fertilizer experiment outlines to the local government as the basis
for inspection of the fertilizer experiment;
b) Failure to retain
fertilizer experiment documents properly.
2. A fine of from VND
10,000,000 to VND 15,000,000 shall be imposed for any of the following
violations:
a) Provision of a false
fertilizer experiment result;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. A fine of from VND
15,000,000 to VND 20,000,000 shall be imposed for any of the following
violations:
a) Conducting fertilizer
experiment and publishing experiment result without satisfying personnel
requirements;
b) Conducting fertilizer
experiment and publishing experiment result without being licensed to conduct
fertilizer experiment or fertilizer research according to the decision on
establishment issued by a competent authority;
c) Conducting fertilizer
experiment and publishing experiment result without a license to manufacture
fertilizers (for fertilizer manufacturers).
4. Remedial measures:
Enforced invalidation of the
fertilizer experiment result in case of the violation specified in Point b
Clause 2 and Clause 3 of this Article.”
24.
Article 38 is amended as follows:
“Article 38. The power
to impose penalties of Presidents of the People’s Committees
1. Presidents of People’s
Committees of communes are entitled to:
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
b) Impose a maximum fine
of VND 5,000,000 for violations against regulations on chemicals, fertilizers
and industrial explosives;
c) Confiscate exhibits
and equipment used for violation commitment whose value does not exceed the
fine specified in Point b of this Clause;
d) Enforce remedial
measures specified in Points a, b, c and dd Clause 1 Article 28 of the Law on
Actions against administrative violations.
2. Presidents of People’s
Committees of districts are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 25,000,000 for violations against regulations on chemicals; VND
50,000,000 for violations against regulations on fertilizers and industrial
explosives;
c) Suspend violators’
operation, licenses and certificates specified in Clause 1 Article 3 of this
Decree;
d) Confiscate exhibits
and equipment used for violation commitment whose value does not exceed the
fine specified in Point b of this Clause;
dd) Enforce remedial measures
specified in Points a, b, c, dd, e, h and i Clause 1 Article 28 of the Law on
Actions against administrative violations and Clause 2 Article 3 of this
Decree.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Issue warnings;
b) Impose a maximum fine
of VND 50,000,000 for violations against regulations on chemicals; VND
50,000,000 for violations against regulations on fertilizers and industrial
explosives;
c) Suspend violators’
operation, licenses and certificates specified in Clause 1 Article 3 of this
Decree;
d) Confiscate exhibits
and equipment used for violation commitment;
dd) Enforce remedial
measures specified in Points a, b, c, dd, e, g, h and i Clause 1 Article 28 of
the Law on Actions against administrative violations and Clause 2 Article 3 of
this Decree."
25.
Article 39 is amended as follows:
“Article 39. The power
to impose penalties of inspectors
1. Inspectors and persons
appointed as chemical, fertilizer and industrial explosives inspectors in the
performance of their duty are entitled to:
a) Issue warnings;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
c) Confiscate exhibits
and equipment used for violation commitment whose value does not exceed the
fine specified in Point b of this Clause;
d) Enforce remedial
measures specified in Points a, c and dd Clause 1 Article 28 of the Law on
Actions against administrative violations.
2. Chief Inspector of
Provincial Departments, Directors of Provincial Food Safety and Hygiene
Authorities, Directors of Provincial Crop Production and Plant Protection
Authorities, Directors of Provincial Departments of Livestock Production and
Veterinary Medicine, Directors of Provincial Departments of Fisheries,
Directors of Provincial Farm Produce and Aquatic Product Quality Control
Authorities affiliated to Provincial Departments of Agriculture and Rural
development and holders of equivalent positions are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 25,000,000 for violations against regulations on chemicals; VND
50,000,000 for violations against regulations on fertilizers and industrial
explosives;
c) Suspend violators’
operation, licenses and certificates specified in Clause 1 Article 3 of this
Decree;
d) Confiscate exhibits
and equipment used for violation commitment whose value does not exceed the
fine specified in Point b of this Clause;
dd) Enforce remedial
measures specified in Points a, b, c, dd, e, g, h, i Clause 1 Article 28 of the
Law on Actions against administrative violations and Clause 2 Article 3 of this
Decree.
3. Chiefs of
inspectorates of provincial authorities and other regulatory bodies have the
power to impose penalties specified in Clause 2 of this Article.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Issue warnings;
b) Impose a maximum fine
of VND 35,000,000 for violations against regulations on chemicals; VND
70,000,000 for violations against regulations on fertilizers and industrial
explosives;
c) Suspend violators’
operation, licenses and certificates specified in Clause 1 Article 3 of this
Decree;
d) Confiscate exhibits
and equipment used for violation commitment whose value does not exceed the
fine specified in Point b of this Clause;
dd) Enforce remedial
measures specified in Points a, b, c, dd, e, g, h, i Clause 1 Article 28 of the
Law on Actions against administrative violations and Clause 2 Article 3 of this
Decree.
5. Chief Inspectors of Ministries,
ministerial agencies, Director of the Directorate for Standards, Metrology, and
Quality, Director of Directorate of Fisheries, Director of Vietnam Environment
Administration, Director of Vietnam Chemicals Agency, Director of Industrial
Safety Techniques and Environment Agency; Director of Department of Animal
Health, Director of Plant Protection Agency, Director of Crop Production
Authority, Director of Department of Livestock production, Director of National
Agro - Forestry - Fisheries Quality Assurance Department, Director of Agro –
Forestry – Fishery processing and Salt Production Agency, Director of Drug
Administration of Vietnam, Director of Health Environment Management Agency,
Director of General Department of Preventive Medicine, Director of the
Department food safety and hygiene and holders of equivalent positions are
entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 50,000,000 for violations against regulations on chemicals; VND
100,000,000 for violations against regulations on fertilizers and industrial
explosives;
c) Suspend violators’
operation, licenses and certificates specified in Clause 1 Article 3 of this
Decree;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Enforce remedial
measures specified in Points a, b, c, dd, e, g, h and i Clause 1 Article 28 of
the Law on Actions against administrative violations and Clause 2 Article 3 of
this Decree."
26.
Article 40 is amended as follows:
“Article 40. The power
to impose penalties of the police
1. Police officers in the
performance of their duty are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 500,000 for violations against regulations on chemicals, fertilizers and
industrial explosives;
2. Captains of police
stations in the performance of their duty are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 1.500,000 for violations against regulations on chemicals, fertilizers
and industrial explosives;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Issue warnings;
b) Impose a maximum fine
of VND 2,500,000 for violations against regulations on chemicals, fertilizers
and industrial explosives;
c) Confiscate exhibits
and equipment used for violation commitment whose value does not exceed the
fine specified in Point b of this Clause;
d) Enforce remedial
measures specified in Points a, c and dd Clause 1 Article 28 of the Law on
Actions against administrative violations.
4. Chiefs of police
authorities of districts, managers of Internal Security Departments, Economic
Security Departments, Cultural and Politic Security Departments, Information
Security Departments, Social Order Departments, Investigation Departments,
Corruption Departments, Drug Enforcement Departments, Road and Rail Transport
Departments, Internal Waterways Departments, Environmental Crime Departments
and High Technology Crime Departments are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 10,000,000 for violations against regulations on chemicals; VND
20,000,000 for violations against regulations on fertilizers and industrial
explosives;
c) Suspend violators’
operation, licenses and certificates specified in Clause 1 Article 3 of this
Decree;
d) Confiscate exhibits
and equipment used for violation commitment whose value does not exceed the
fine specified in Point b of this Clause;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
5. Directors of
provincial police authorities and Directors of Provincial Fire Departments are
entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 25,000,000 for violations against regulations on chemicals; VND
50,000,000 for violations against regulations on fertilizers and industrial
explosives;
c) Suspend violators’
operation, licenses and certificates specified in Clause 1 Article 3 of this
Decree;
d) Confiscate exhibits
and equipment used for violation commitment whose value does not exceed the
fine specified in Point b of this Clause;
dd) Enforce remedial
measures specified in Points a, c, dd and i Clause 1 Article 28 of the Law on
Actions against administrative violations and Clause 2 Article 3 of this
Decree.
6. Directors of Internal
Security Agency, Economic Security Agency, Cultural and Politic Security
Agency, Information Security Agency, Social Order Agency, Investigation Agency,
Corruption Agency, Drug Enforcement Agency, Road and Rail Transport Agency,
Internal Waterways Agency, Environmental Crime Agency and High Technology Crime
Agency are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 50,000,000 for violations against regulations on chemicals; VND
100,000,000 for violations against regulations on fertilizers and industrial
explosives;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Confiscate exhibits
and equipment used for violation commitment;
dd) Enforce remedial
measures specified in Points a, c, dd and i Clause 1 Article 28 of the Law on
Actions against administrative violations and Clause 2 Article 3 of this
Decree.”
27.
Article 40a is added as follows:
“Article 40a.
The power to impose penalties of the customs
1. Customs officials in
the performance of their duty are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 500,000 for violations against regulations on chemicals, fertilizers and
industrial explosives;
2. Team leaders of
Sub-department of Customs and Sub-departments of Post-Clearance Inspection are
entitled to:
a) Issue warnings;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
3. Directors of
Sub-departments of Customs, Sub-departments of Post-Clearance Inspection, team
leaders of Provincial Customs Departments, smuggling prevention team leaders,
customs procedures team leaders, leaders of customs control teams at sea and
leaders of intellectual property right protection teams of the Smuggling
Investigation and Prevention Department of the General Department of Customs
are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 25,000,000 for violations against regulations on chemicals, fertilizers
and industrial explosives;
c) Confiscate exhibits
and equipment used for violation commitment whose value does not exceed the
fine specified in Point b of this Clause;
dd) Enforce remedial
measures specified in Points d, dd, g and i Clause 1 Article 28 of the Law on
Actions against administrative violations and Clause 2 Article 3 of this
Decree.
4. Director of the
Smuggling Investigation Department, Director of the Post-clearance Inspection
Department affiliated to the General Department of Customs, Director of
Provincial Customs Departments are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 50,000,000 for violations against regulations on chemicals, fertilizers
and industrial explosives;
c)
Suspend violators’ operation, licenses and certificates specified in Clause 1
Article 3 of this Decree;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
dd) Enforce remedial
measures specified in Points d, dd, g and i Clause 1 Article 28 of the Law on
Actions against administrative violations and Clause 2 Article 3 of this
Decree.
5. The Director of the
General Department of Customs is entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 50,000,000 for violations against regulations on chemicals; VND
100,000,000 for violations against regulations on fertilizers and industrial
explosives;
c) Confiscate exhibits
and equipment used for violation commitment;
d)
Enforce remedial measures specified in Points d, dd, g and i Clause 1 Article
28 of the Law on Actions against administrative violations and Clause 2 Article
3 of this Decree.”
28.
Article 40a is added as follows:
“Article 40n. The
power to impose penalties of market surveillance authorities
1. Market surveillance
officials in the performance of their duty are entitled to:
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b) Impose a maximum fine
of VND 500,000 for violations against regulations on chemicals, fertilizers and
industrial explosives;
2. Leaders of market
surveillance teams are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 25,000,000 for violations against regulations on chemicals, fertilizers
and industrial explosives;
c) Confiscate exhibits
and equipment used for violation commitment whose value does not exceed the
fine specified in Point b of this Clause;
d) Enforce remedial
measures specified in Points a, dd, e, g, h and i Clause 1 Article 28 of the
Law on Actions against administrative violations and Clause 2 Article 3 of this
Decree.
3. Director of Market
Surveillance Departments of Provincial Departments of Industry and Trade,
managers of departments affiliated to Market Surveillance Agency are entitled
to:
a) Issue warnings;
b) Impose a maximum fine
of VND 50,000,000 for violations against regulations on chemicals, fertilizers
and industrial explosives;
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
d) Suspend violators’
operation, licenses and certificates specified in Clause 1 Article 3 of this
Decree;
dd) Enforce remedial
measures specified in Points a, c, d, dd, e, g, h and i Clause 1 Article 28 of
the Law on Actions against administrative violations and Clause 2 Article 3 of
this Decree.
4. Director of Market
Surveillance Agency is entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 50,000,000 for violations against regulations on chemicals; VND
100,000,000 for violations against regulations on fertilizers and industrial
explosives;
c) Confiscate exhibits
and equipment used for violation commitment;
d)
Suspend violators’ operation, licenses and certificates specified in Clause 1
Article 3 of this Decree;
dd) Enforce remedial
measures specified in Points a, c, d, dd, e, g, h and i Clause 1 Article 28 of
the Law on Actions against administrative violations and Clause 2 Article 3 of
this Decree.”
29.
Article 40c is added as follows:
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1. The border guard
soldiers in the performance of their duty are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 500,000 for violations against regulations on chemicals, fertilizers and
industrial explosives;
2. Team leaders of the
persons specified in Clause 1 of this Article are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 2,500,000 for violations against regulations on chemicals, fertilizers
and industrial explosives;
3. Captains of border
guard stations, leaders of coastal guard teams, commanders of border guard at
checkpoints and holders of equivalent positions are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 10,000,000 for violations against regulations on chemicals; VND
20,000,000 for violations against regulations on fertilizers and industrial
explosives;
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d) Enforce remedial
measures specified in Points a, c and dd Clause 1 Article 28 of the Law on
Actions against administrative violations and Clause 2 Article 3 of this
Decree.
4. Captains of provincial
border guard command centers, commanders of coastal guard fleets affiliated to
the Border Guard Headquarters are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 50,000,000 for violations against regulations on chemicals; VND
100,000,000 for violations against regulations on fertilizers and industrial
explosives;
c) Suspend violators’
operation, licenses and certificates specified in Clause 1 Article 3 of this
Decree;
d) Confiscate exhibits
and equipment used for violation commitment;
dd) Enforce remedial
measures specified in Points a, c, dd and i Clause 1 Article 28 of the Law on
Actions against administrative violations and Clause 2 Article 3 of this
Decree.”
30.
Article 40d is added as follows:
“Article 40d.
The power to impose penalties of the coastguard
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a) Issue warnings;
b) Impose a maximum fine
of VND 1.500,000 for violations against regulations on chemicals, fertilizers
and industrial explosives;
3. Coastguard team
leaders are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 5,000,000 for violations against regulations on chemicals, fertilizers
and industrial explosives;
3. Coastguard squad
leaders and captains of coastguard stations are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 10,000,000 for violations against regulations on chemicals, fertilizers
and industrial explosives;
c) Enforce remedial
measures specified in Points a, c and dd Clause 1 Article 28 of the Law on
Actions against administrative violations.
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a) Issue warnings;
b) Impose a maximum fine
of VND 10,000,000 for violations against regulations on chemicals; VND
25,000,000 for violations against regulations on fertilizers and industrial
explosives;
c) Confiscate exhibits
and equipment used for violation commitment whose value does not exceed the
fine specified in Point b of this Clause;
d) Enforce remedial
measures specified in Points a, c, d and dd Clause 1 Article 28 of the Law on
Actions against administrative violations and Clause 2 Article 3 of this
Decree.
5. Commanders of
coastguard fleets are entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 15,000,000 for violations against regulations on chemicals; VND
50,000,000 for violations against regulations on fertilizers and industrial
explosives;
c) Confiscate exhibits
and equipment used for violation commitment whose value does not exceed the
fine specified in Point b of this Clause;
d) Enforce remedial
measures specified in Points a, c, d and dd Clause 1 Article 28 of the Law on
Actions against administrative violations and Clause 2 Article 3 of this
Decree.
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a) Issue warnings;
b) Impose a maximum fine
of VND 25,000,000 for violations against regulations on chemicals; VND
50,000,000 for violations against regulations on fertilizers and industrial
explosives;
c) Confiscate exhibits
and equipment used for violation commitment whose value does not exceed the
fine specified in Point b of this Clause;
d) Enforce remedial
measures specified in Points a, c, d and dd Clause 1 Article 28 of the Law on
Actions against administrative violations and Clause 2 Article 3 of this
Decree.
7. Commander of
Coastguard Headquarters is entitled to:
a) Issue warnings;
b) Impose a maximum fine
of VND 50,000,000 for violations against regulations on chemicals; VND
100,000,000 for violations against regulations on fertilizers and industrial
explosives;
c) Suspend violators’
operation, licenses and certificates specified in Clause 1 Article 3 of this
Decree;
d) Confiscate exhibits
and equipment used for violation commitment;
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31.
Article 40dd is added as follows:
“Article 40dd.
Distribution of power of the police, customs, specialized inspectors, the
coastguard and the border guard
1. Police officers have
the power to impose penalties and enforce remedial measures for all
administrative violations specified in this Decree specified within the power
specified in Article 40 of this Decree and within the scope of their functions,
tasks, and entitlements.
2. Customs officials have
the power to impose penalties and enforce remedial measures for violations
against regulations on export, import, services related to export and import of
chemicals, fertilizers and industrial explosives specified in Point a Clause 2
Article 12; Points a, b, d, dd Clause 2 and Clause 3 of Article 17;
Points b, c, d, dd Clause 1 of Article 18; Article 23; Clause 4, Point a Clause
6 of Article 35 of this Decree within the power specified in Article 40a of
this Decree and the scope of their functions, tasks, and entitlements.
3. Inspectors have the
power to impose penalties and enforce remedial measures for all administrative
violations specified in this Decree specified within the power specified in
Article 39 of this Decree and within the scope of their functions, tasks, and
entitlements.
4. The border guard
officers have the power to impose penalties and enforce remedial measures for
administrative violations against regulations on chemicals, fertilizers and
industrial explosives specified in Article 40c of this Decree and within the
scope of their functions, tasks, and entitlements.
5. The coastguard
officers have the power to impose penalties and enforce remedial measures for
administrative violations against regulations on chemicals, fertilizers and
industrial explosives specified in Article 40c of this Decree and within the
scope of their functions, tasks, and entitlements.”
Article
2. Abrogated regulations
Article 22, Article 26,
Article 27, Article 28 of Decree No. 163/2013/ND-CP.
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This Decree comes into
force from September 15, 2016.
Article
4. Responsibility for implementation
1. The Minister of
Industry and Trade, the Minister of Agriculture and Rural development and the
Minister of Health are responsible for monitoring and the implementation of
this Decree.
2. Ministers, Heads of
ministerial agencies, Heads of Governmental agencies, Presidents of the
People’s Committees of central-affiliated cities and provinces, relevant
organizations and individuals are responsible for the implementation of this
Decree./.
ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc