THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: 64/2018/ND-CP
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Hanoi, May 07,
2018
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DECREE
PENALTIES
FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON LIVESTOCK BREEDS, ANIMAL
FEEDS AND AQUA FEEDS
Pursuant to the Law on government organization
dated June 19, 2015;
Pursuant to the Law on actions against
administrative violations dated June 20, 2012;
Pursuant to the Ordinance on livestock breeds
dated March 24, 2004;
At the request of Minister of Agriculture and
Rural Development;
The Government promulgates a Circular on
penalties for administrative violations against regulations on livestock
breeds, animal feeds and aqua feeds.
Chapter I
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Article 1. Scope
1. This Decree deals with violations, penalties,
fines, remedial measures, the power to impose administrative penalties and the
power to record administrative violations against regulations on livestock
breeds (including aquatic breeds), animal feeds and aqua feeds.
2. Administrative violations against regulations on
livestock breeds, animal feeds and aqua feeds governed by this Decree include:
a) Violations against regulations of the Decree No.
39/2017/ND-CP, including regulations on manufacturing and processing of animal
and aqua feeds; regulations on trade in animal and aqua feeds; regulations on
import of animal and aqua feeds; regulations on experiments with animal and
aqua feeds; regulations on expiry date of animal and aqua feeds; regulations on
manufacturing, trading and importing of animal and aqua feeds containing
antibiotics or prohibited substances; and regulations on use of prohibited
substances in the animal farming and aquaculture.
b) Violations against regulations on management and
conservation of animal genetic resources; use and conservation of genetic
resources of rare breeds; testing and appraisal of new livestock breeds;
production, trading, importing and exporting of livestock breeds; management of
quality of livestock breeds.
3. Other Government's Decrees on administrative
penalties for corresponding violations shall apply to administrative violations
against regulations on livestock breeds, animal feeds and aqua feeds that are
not regulated by this Decree.
Article 2. Regulated entities
1. This Decree applies to organizations and
individuals that commit livestock breed offences, animal feed offences and aqua
feed offences within the territory of Vietnam.
2. Organizations mentioned in Clause 1 of this
Article include:
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b) Economic organizations that are duly established
under the Law on co-operatives, consisting of: Co-operatives and cooperative
unions;
c) Economic organizations that are duly established
under the Law on investment, consisting of: Domestic investors, foreign
investors and foreign-invested economic organizations;
d) Public service providers and other organizations
as prescribed by law.
3. Individuals mentioned in Clause 1 of this
Article include entities that are not prescribed in Clause 2 of this Article.
Article 3. Prescriptive periods
for administrative violations punishable
1. The prescriptive period for imposition of
penalties for livestock breed offences, animal feed offences and aqua feed
offences is 01 year. The prescriptive period for imposition of penalties for
administrative violations against regulations on manufacturing, trading,
importing and exporting of livestock breeds, animal feeds and aqua feeds shall
be 02 years.
2. Time for calculating the prescriptive period
mentioned in Clause 1 of this Article shall be determined according to
regulations of Points b, c, d Clause 1 Article 6 of the Law on actions against
administrative penalties.
Article 4. Penalties and
remedial measures
1. The entity that commits one of the
administrative violations against regulations on livestock breeds, animal and
aqua feeds must incur a warning or a fine.
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a) Suspend operations for a fixed period;
b) Confiscate the exhibits and instrumentalities
for committing administrative violations.
3. The violating entity is also liable to enforce
one or several remedial measures as follows:
a) Enforced recall of livestock breeds; animal
feeds and aqua feeds;
b) Enforced recycling of animal feeds and aqua
feeds;
c) Enforced repurposing of animal feeds, aqua
feeds, or livestock breeds;
d) Enforced re-exporting of animal feeds, aqua
feeds, or livestock breeds;
dd) Enforced destruction of prohibited substances;
animal and aqua feed products; raised livestock or aquatic animals; livestock
breeds;
e) Enforced invalidation of results of experiment
with animal feeds or aqua feeds;
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h) Enforced raising of animals or aquatic animals
which have been fed with prohibited substances until testing report indicates
that no prohibited substance residue exists;
i) Enforced implementation of environmental
pollution control measures;
k) Enforced relocation of facilities that produce
aquatic breeds;
l) Enforced correction of experimental or testing
results.
Article 5. Fines and the power
to impose fines for violations against regulations on livestock breeds, animal
and aqua feeds; rules for determining the degrees of violations against
regulations on quality of animal and aqua feed products
1. The maximum fine imposed upon an individual for
committing an animal breed offence is VND 50,000,000; the same imposed upon an
organization is VND 100,000,000. The maximum fine imposed upon an individual
for committing an animal or aqua feed offence is VND 100,000,000; the same
imposed upon an organization is VND 200,000,000.
2. The fines for administrative violations
prescribed in Chapter II herein are imposed upon individuals. The fine incurred
by an organization is twice as much as that incurred by an individual for
committing the same administrative violation.
3. The fines imposed by the authorized persons
prescribed in Chapter III herein are incurred by individuals for committing
administrative violations herein. An authorized person may impose a fine which
is twice as much as the one is imposed on an individual for committing the same
violation.
4. The degrees of violations against regulations on
quality of animal and aqua feed products herein shall be determined according
to analytical results while taking into account tolerances for quality-control
testing as regulated by the Ministry of Agriculture and Rural Development.
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ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON LIVESTOCK BREEDS, ANIMAL AND AQUA FEEDS,
PENALTIES, FINES AND REMEDIAL MEASURES THEREOF
Section 1. ANIMAL FEEDS AND AQUA
FEEDS
Article 6. Violations against
eligibility requirements applied to facilities manufacturing and processing
animal and aqua feeds
1. A warning shall be imposed for failure to
enclose the production site with walls or fences.
2. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for one of the following violations:
a) Failure to employ technicians who must obtain
appropriate qualifications;
b) Failure to have or rent testing laboratories
used for analyzing quality of animal and aqua feeds in the course of production
and processing;
c) Failure to adopt solutions for avoiding rodent,
bird and other harmful animal infestation;
d) Failure to arrange measurement devices or
instruments in place in order to control quality of animal and aqua feed
products and ensure accuracy in accordance with applicable laws and regulations
on measurement;
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e) Failure to provide equipment and devices (such
as fans, sieves, magnets, etc.) used for controlling foreign matters (e.g.
sand, dust or metals) that may affect quality of feed ingredients;
g) Failure to staff the facilities manufacturing
animal feeds that contain antibiotics and are used for livestock and poultry
disease prevention and treatment purposes by veterinary physicians holding
practicing certificates in animal disease prevent and treatment in accordance
with applicable laws and regulations on animal health.
3. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for running animal and aqua feed manufacturing and
processing sites placed in the vicinity of areas which are affected by
polluting factors such as hazardous wastes, chemicals, livestock and aquatic
animal farms.
4. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for committing one of the following violations
against requirements concerning a production plant and equipment:
a) Failure to failure to design and furnish the
production site with equipment items according to the single-direction rules or
failure to keep raw material areas and product areas separate in order to
prevent cross-contamination;
b) Failure to have warehouse or storage facility to
store animal and aqua feed ingredients that require a particular storage
mechanism in uniformity with specific feed manufacturer's instructions;
c) A facility manufacturing and processing animal
feeds containing antibiotics fails to set up a separate area for mixing,
preparation and formulation of these products.
5. Additional penalties:
Suspend operations of violating manufacturing and
processing facilities for a fixed period of 01 – 03 months if the violation
prescribed in Clause 3 of this Article is committed.
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1. A warning shall be imposed for manufacturing and
processing animal and aqua feed products in which the content of a specific
quality indicator is found to be lower than the minimum level or higher than
the maximum one fixed in announced applicable standards or on their labels by
less than 5%, or in which the content of a specific safety indicator is found
to exceed the permissible level fixed in relative technical regulations or
announced applicable standards by less than 5%.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failure to retain testing samples or testing
results according to the quality control process.
3. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for failure to adopt the due process for
manufacturing and control of quality of products; failure to write and keep a
logbook of the production process as prescribed.
4. The following fines shall be imposed for
manufacturing and processing each animal and aqua feed product which has not
been approved for sale in Vietnam:
a) A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed if the batch of products is worth less than VND
200,000,000 in total or total amount of illegal benefits received is less than
VND 100,000,000;
b) A fine ranging from VND 20,000,000 to VND
40,000,000 shall be imposed if the batch of products is worth VND 200,000,000
and above or total amount of illegal benefits received is VND 100,000,000 and
above, and there is a decision not to institute criminal proceedings, a
decision on annulment of the decision to institute criminal proceeds, a
decision to terminate investigation or a decision to dismiss lawsuit issued by
the presiding agency when finding signs of administrative violations.
5. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for manufacturing and processing animal and aqua
feed products in which the content of a specific quality indicator other than
the main ingredient is found to be lower than the minimum level or higher than
the maximum one fixed in the announced applicable standards or on their labels
by 5% to less than 15%.
6. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for manufacturing and processing animal and aqua
feed products in which the content of a specific quality indicator other than
the main ingredient is found to be lower than the minimum level or higher than
the maximum one fixed in the announced applicable standards or on their labels
by 15% to less than 30%.
7. A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for manufacturing and processing animal and aqua
feed products in which the content of a specific quality indicator other than
the main ingredient is found to be lower than the minimum level or higher than
the maximum one fixed in the announced applicable standards or on their labels
by 30% and above.
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a) the level of a harmful microorganism exceeds the
maximum level fixed in relative national technical regulations or announced
applicable standards; or
b) the content of an undesirable substance is found
to be higher than the maximum level fixed in relative national technical
regulations or announced applicable standards by 5% and above.
9. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for manufacturing and processing animal and aqua
feed products in which the content of a main ingredient is found to be lower
than the minimum level or higher than the maximum one fixed in the announced
applicable standards or on their labels by 5% to less than 10%.
10. A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for manufacturing and processing animal and aqua
feed products in which the content of a main ingredient is found to be lower
than the minimum level or higher than the maximum one fixed in the announced
applicable standards or on their labels by 10% to less than 20%.
11. A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed for manufacturing and processing animal and aqua
feed products in which the content of a main ingredient is found to be lower
than the minimum level or higher than the maximum one fixed in the announced
applicable standards or on their labels by 20% to less than 30%.
12. A fine ranging from VND 25,000,000 to VND
30,000,000 shall be imposed for manufacturing and processing animal and aqua
feed products in which the content of a main ingredient is found to be lower
than the minimum level or higher than the maximum one fixed in the announced
applicable standards or on their labels by 30% and above.
13. A fine ranging from VND 30,000,000 to VND
35,000,000 shall be imposed for keeping manufacturing and processing of animal
and aqua feed products during the period of suspension imposed by a competent
authority.
14. Remedial measures:
a) With regard to the commitment of one of the
violations prescribed in Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause
10, Clause 11 and Clause 12 of this Article: Enforced recycling of the batch of
products. The batch of products that cannot be recycled shall be repurposed.
The batch of products that cannot be repurposed shall be destroyed;
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Article 8. Violations against
eligibility requirements applied to facilities trading and importing animal and
aqua feeds
1. A fine ranging from VND 2,000,000 to VND
3,000,000 shall be imposed for committing one of the following violations
against eligibility requirements applied to facilities trading animal and aqua
feeds:
a) Failure to have equipment and instruments to
preserve animal and aqua feeds under the instructions of manufacturers or
distributors;
b) Failure to adopt solutions for avoiding rodent,
bird and other harmful animal infestation.
2. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed upon a facility trading in animal and aqua feeds for
failure to store or keep animal and aqua feeds separate from pesticides,
fertilizers and other hazardous chemicals.
3. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed upon a facility importing animal and aqua feeds for
failure to have or rent storage facilities for preservation of animal and aqua
feed products which conform to storage requirements in order to ensure that
these products meet requirements concerning quality standards, environmental
protection and conform to recommendations given by manufacturers.
Article 9. Violations against
regulations on quality of animal and aqua feeds in the course of trading
1. A warning shall be imposed for trading animal
and aqua feed products in which the content of a specific quality indicator is
found to be lower than the minimum level or higher than the maximum one fixed
in announced applicable standards or on their labels by less than 5%, or in
which the content of a specific safety indicator is found to exceed the
permissible level fixed in relative technical regulations or announced
applicable standards by less than 5%.
2. The following fines shall be imposed for trading
each animal and aqua feed product which has not been approved for sale in
Vietnam:
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b) A fine ranging from VND 15,000,000 to VND
30,000,000 shall be imposed if the batch of products is worth VND 200,000,000
and above, or total amount of illegal benefits received is VND 100,000,000 and
above, and there is a decision not to institute criminal proceedings, a
decision on annulment of the decision to institute criminal proceeds, a
decision to terminate investigation or a decision to dismiss lawsuit issued by
the presiding agency when finding signs of administrative violations.
3. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for trading animal and aqua feed products in which
the content of a specific quality indicator other than the main ingredient is
found to be lower than the minimum level or higher than the maximum one fixed
in the announced applicable standards, or on their labels, by 5% to less than
15%.
4. A fine ranging from VND 5,000,000 to VND
7,000,000 shall be imposed for trading animal and aqua feed products in which
the content of a specific quality indicator other than the main ingredient is
found to be lower than the minimum level or higher than the maximum one fixed
in the announced applicable standards, or on their labels, by 15% to less than
30%.
5. A fine ranging from VND 7,000,000 to VND
10,000,000 shall be imposed for trading animal and aqua feed products in which
the content of a specific quality indicator other than the main ingredient is
found to be lower than the minimum level or higher than the maximum one fixed
in the announced applicable standards, or on their labels, by 30% and above.
6. A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for trading each animal and aqua feed product in
which:
a) the level of a harmful microorganism exceeds the
permissible level specified in relative national technical regulations or
announced applicable standards; or
b) the content of an undesirable substance is found
to be higher than the maximum level fixed in relative national technical
regulations or announced applicable standards by 5% and above.
7. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for trading animal and aqua feed products in which
the content of a main ingredient is found to be lower than the minimum level or
higher than the maximum one fixed in the announced applicable standards, or on
their labels, by 5% to less than 10%.
8. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for trading animal and aqua feed products in which
the content of a main ingredient is found to be lower than the minimum level or
higher than the maximum one fixed in the announced applicable standards, or on
their labels, by 10% to less than 20%.
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10. A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed for trading animal and aqua feed products in which
the content of a main ingredient is found to be lower than the minimum level or
higher than the maximum one fixed in the announced applicable standards, or on
their labels, by 30% and above.
11. Remedial measures:
a) With regard to the commitment of one of the
violations prescribed in Clause 3, Clause 4, Clause 5, Clause 6, Clause 7,
Clause 8, Clause 9 and Clause 10 of this Article: Enforced recall and recycling
of the batch of products. The batch of products that cannot be recycled shall
be repurposed. The batch of products that cannot be recycled and repurposed
shall be destroyed;
b) With regard to the commitment of the violation
prescribed in Clause 2 of this Article: Enforced recall and repurposing of the
batch of products. The batch of products that cannot be repurposed shall be
destroyed.
Article 10. Violations against
regulations on quality of animal and aqua feeds in the course of importing
1. A warning shall be imposed for importing animal
and aqua feed products in which the content of a specific quality indicator is
found to be lower than the minimum level or higher than the maximum one fixed
in the announced applicable standards, or on their labels, by less than 5%, or
in which the content of a specific safety indicator exceeds the permissible
level fixed in relative technical regulations, or announced applicable
standards, by less than 5%.
2. A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for importing each animal and aqua feed product in
which the content of a specific quality indicator other than the main
ingredient is found to be lower than the minimum level or higher than the
maximum one fixed in the announced applicable standards, or on their labels, by
5% to less than 30%.
3. A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed for importing each animal and aqua feed product in which
the content of a specific quality indicator other than the main ingredient is
found to be lower than the minimum level or higher than the maximum one fixed
in the announced applicable standards, or on their labels, by 30% and above.
4. A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed for importing each animal and aqua feed product in
which the content of a main ingredient is found to be lower than the minimum
level or higher than the maximum one fixed in the announced applicable standards,
or on their labels, by 5% to less than 30%.
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6. A fine ranging from VND 25,000,000 to VND
30,000,000 shall be imposed for importing each animal and aqua feed product in
which:
a) the level of a microorganism exceeds the
permissible level specified in relative national technical regulations or
announced applicable standards; or
b) the content of a specific safety indicator
exceeds the permissible level fixed in relative technical regulations, or
announced applicable standards, by 5% to less than 30%.
7. A fine ranging from VND 30,000,000 to VND
35,000,000 shall be imposed for importing each animal and aqua feed product in
which the content of a specific safety indicator exceeds the maximum permitted
level fixed in relative technical regulations, or announced applicable
standards, by 30% and above.
8. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for committing one of the following violations:
a) Importing each animal and aqua feed product
which has not yet been approved for sale in Vietnam (unless imported animal and
aqua feeds are used in exhibitions, trade fairs, researches, as samples at
testing laboratories, or used for manufacturing and processing of exported feed
products);
b) Importing each expired animal and aqua feed
product.
9. Remedial measures:
a) Enforced correction of information on labels or
accompanied technical documents of the entire batch of animal and aqua feed
products if the violation prescribed in Clause 2 or Clause 4 of this Article is
committed;
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c) Enforced repurposing of the batch of products if
the violation prescribed in Clause 7 of this Article is committed. The batch of
products that cannot be repurposed shall be re-exported or destroyed;
d) Enforced re-exporting or destruction of the
entire batch of products if the violation prescribed in Clause 8 of this
Article is committed.
Article 11. Violations against
regulations on expiry date of animal and aqua feed products
1. A warning or a fine ranging from VND 200,000 to
VND 400,000 shall be imposed for trading each animal and aqua feed product
after the expiry date written on its label or package provided that the product
is worth less than VND 1,000,000.
2. A fine ranging from VND 400,000 to VND 600,000
shall be imposed for trading each animal and aqua feed product after the expiry
date written on its label or package provided that the product is worth VND
1,000,000 – VND 2,000,000.
3. A fine ranging from VND 600,000 to VND 1,000,000
shall be imposed for trading each animal and aqua feed product after the expiry
date written on its label or package provided that the product is worth VND
2,000,000 – VND 3,000,000.
4. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for trading each animal and aqua feed product after
the expiry date written on its label or package provided that the product is
worth VND 3,000,000 – VND 5,000,000.
5. A fine ranging from VND 2,000,000 to VND
3,000,000 shall be imposed for trading each animal and aqua feed product after
the expiry date written on its label or package provided that the product is
worth VND 5,000,000 – VND 10,000,000.
6. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for trading each animal and aqua feed product after
the expiry date written on its label or package provided that the product is
worth VND 10,000,000 – VND 20,000,000,
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8. A fine ranging from VND 7,000,000 to VND
10,000,000 shall be imposed for trading each animal and aqua feed product after
the expiry date written on its label or package provided that the product is
worth VND 30,000,000 – VND 40,000,000,
9. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for trading each animal and aqua feed product after
the expiry date written on its label or package provided that the product is
worth VND 40,000,000 – VND 50,000,000,
10. A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for trading each animal and aqua feed product after
the expiry date written on its label or package provided that the product is
worth VND 50,000,000 – VND 70,000,000,
11. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for trading each animal and aqua feed product after
the expiry date written on its label or package provided that the product is
worth VND 70,000,000 – VND 100,000,000,
12. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for trading each animal and aqua feed product after
the expiry date written on its label or package provided that the product is
worth VND 100,000,000 and above.
13. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failure to write or incorrectly write the
manufacturing date on product’s label or package when manufacturing, processing
or trading animal and aqua feed products.
14. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for using each expired animal feed ingredient, or
each expired animal fee product in course of manufacturing or processing.
15. Remedial measures:
a) With regard to the commitment of one of the
violations prescribed in Clause 4, Clause 5, Clause 6, Clause 7, Clause 8,
Clause 9, Clause 10, Clause 11 and Clause 12 of this Article: Enforced recall
and repurposing of the batch of products. The batch of products that cannot be
repurposed shall be destroyed;
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Article 12. Violations against
regulations on experiments with animal and aqua feeds
1. The following fines shall be imposed for
committing one of the following violations against regulations on experiments
with animal and aqua feeds:
a) A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed upon the facility experimenting with animal and
aqua feeds for failure to employ technicians who must obtain appropriate qualifications
or failure to retain the documentation on experiments with animal and aqua
feeds as prescribed;
b) A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed upon the facility experimenting with animal and
aqua feeds for failure to have or rent locations, infrastructure or dedicated
equipment necessary to meet requirements concerning experiments with specific
feeds on animals; the facility experimenting with animal feeds for failure to
have enclosures appropriate for experimental purposes; the facility
experimenting with aqua feeds for failure to have cages, ponds, pens, rafts and
pools appropriate for experimental purposes; the facility experimenting with
aqua feeds for failure to have enough water sources meeting the quality requirements,
or failure to have a separate water supply and drainage system, or failure to
have a wastewater pond to facilitate inspection of environmental indicators and
aquatic disease indicators.
2. A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed upon the experiment facility for failure to comply
with the procedures, contents or outline of experiment approved by a competent
authority.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for incorrectly announcing results of experiments
with animal and aqua feeds.
4. Additional penalties:
Suspend experimental activities for a fixed period
of 01 – 03 months if the violation prescribed in Point b Clause 1 of this
Article is committed.
5. Remedial measures:
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Article 13. Violations against
regulations on manufacturing, processing, trading, importing and consumption of
animal and aqua feeds containing antibiotics
1. A warning shall be imposed for failure to keep a
logbook that records usage of animal feeds containing antibiotics for the
purpose of animal disease prevention and treatment.
2. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for committing one of the following violations:
a) Manufacturing, processing, trading or importing
of animal feeds containing antibiotics but failing to clearly specify names,
antibiotic contents, user’s manuals and administration duration on packages or
attached documents of animal feeds;
b) Manufacturing, processing, trading or importing
of animal feeds of which antibiotic content is higher than the maximum
permissible content or the one written on labels by 5% and above;
c) Trading in each aqua feed product containing
antibiotics.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for committing one of the following violations:
b) Manufacturing, processing, trading or importing
animal feeds containing antibiotics for the purpose of curing livestock and
poultry diseases and preventing immature livestock and poultry diseases but
failing to comply with the prescriptions given by veterinary physicians who are
granted practicing certificates in animal disease prevention and treatment in
accordance with applicable laws and regulations on animal health.
c) Manufacturing, processing, trading or importing
each animal feed product containing antibiotics that are not suitable for
specific animals or purposes, or beyond their permitted useful life resulting
in that residues of antibiotics contained in the animal feed product exceeds
the allowed limits and causes adverse effects on resistance against antibiotics
in the process of treatment of human and animal diseases;
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dd) Manufacturing, processing or importing aqua
feeds containing antibiotics.
4. Remedial measures:
a) Enforced reprocessing of animal feeds to ensure
that their antibiotic contents are conformable with the maximum permissible
contents or the ones written on labels if the violation prescribed in Point b
Clause 2 of this Article is committed;
b) Enforced re-exporting or destruction of all
animal and aqua feeds if one of the violations prescribed in Point a, Point c
Clause 2, and Clause 3 of this Article is committed.
Article 14. Violations against
regulations on use of prohibited substances in animal farming and aquaculture;
in manufacturing, processing, trading and importing of animal and aqua feeds
1. The following fines shall be imposed for
committing violations against regulations on use of prohibited substances:
a) A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for using each prohibited substance in animal
farming or aquaculture at a degree that the violating entity is not liable to a
criminal prosecution;
b) A fine ranging from VND 60,000,000 to VND
90,000,000 shall be imposed for using each prohibited substance in
manufacturing, processing, trading or importing animal and aqua feeds if the
batch of products is worth less than VND 100,000,000 or total amount of illegal
benefits received is less than VND 50,000,000;
c) A fine ranging from VND 70,000,000 to VND
80,000,000 shall be imposed for using each prohibited substance in animal
framing or aquaculture at a degree that the violating entity is liable to a
criminal prosecution but there is a decision not to institute criminal
proceedings, a decision on annulment of the decision to institute criminal
proceeds, a decision to terminate investigation or a decision to dismiss
lawsuit issued by the presiding agency when finding signs of administrative
violations;
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2. Additional penalties:
Suspend the manufacturing, processing, trading or
importing of animal and aqua feeds for a fixed period of 06 – 12 months if the
violation prescribed in Point b, or Point d Clause 1 of this Article is
committed.
3. Remedial measures:
a) Enforced destruction of prohibited substances
and animal and aqua feeds containing prohibited substances if one of the
violations prescribed in Clause 1 of this Article is committed;
b) Enforced raising of animals or aquatic animals
which have been fed with prohibited substances until testing report indicates
that no prohibited substance residue exists if the violation prescribed in Point
a or Point c Clause 1 of this Article is committed; Enforced destruction of
animals or aquatic animals if the violation is re-committed or animals or
aquatic animals cannot be raised.
Section 2. LIVESTOCK BREEDS
Article 15. Violations against
regulations on management and conservation of animal genetic resources in
sanctuaries
1. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for obtaining or using animal genetic resources in
a sanctuary in excess of the limits permitted by a competent authority.
2. A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed for obtaining or using animal genetic resources in
a sanctuary without permission from a competent authority.
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4. Additional penalties:
Confiscate the exhibits and instrumentalities of
administrative violations prescribed in Clause 1, Clause 2 and Clause 3 of this
Article.
Article 16. Violations against
regulations on use and conservation of genetic resources of rare breeds
1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for obtaining or using genetic resources of rare
breeds in excess of the limits permitted by a competent authority.
2. A fine ranging from VND 5,000,000 to VND
7,000,000 shall be imposed for committing violations against one of provisions
of the national technical regulation on attainment or use of genetic resources
of rare breeds.
3. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for destroying genetic resources of rare breeds.
4. Additional penalties:
Confiscate the exhibits of administrative
violations prescribed in Clause 1, Clause 2 and Clause 3 of this Article.
Article 17. Violations against
regulations on international exchange of genetic resources of rare breeds
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2. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for carrying out the international exchange of
genetic resources of rare breeds without obtaining the permit from a competent
authority.
3. Additional penalties:
Confiscate the exhibits of administrative
violations prescribed in Clause 1 and Clause 2 of this Article.
Article 18. Violations on
regulations on testing and appraisal of new livestock breeds
1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for carrying out testing or appraisal of new
livestock breeds but failing to satisfy technical infrastructure or personnel
requirements.
2. A fine ranging from VND 10,000,000 to VND 15,000,000
shall be imposed for failure to comply with the testing and appraising
procedures, contents or outline approved by a competent authority.
3. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for incorrectly announcing testing and appraising
results.
4. Additional penalties:
Suspend operations of the testing and appraisal
facility for a fixed period of 01 – 03 months if the violation prescribed in
Clause 3 of this Article is committed.
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Enforced correction of testing and appraising
results if the violation prescribed in Clause 3 of this Article is committed.
Article 19. Violations against
regulations on production and trading of livestock breeds
1. A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed for production or trading of livestock breeds but
failure to satisfy infrastructure and equipment requirements thereof.
2. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for failure to retain and update records concerning
livestock breeds produced or traded.
3. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for failure to hire technicians who must obtain
bachelor’s degree in animal husbandry, veterinary medicine or aquaculture when
producing or trading purebreds, GGP, GP and PS breeds.
4. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for production or trading of livestock breeds of
which testing results are not recognized.
5. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for production or trading of livestock breeds which
are not in the list of livestock breeds taken to be suitable for production and
trading, or production or trading of livestock breeds without permission from a
competent authority, if the batch of products is worth less than VND
200,000,000 or total amount of illegal benefits received is less than VND
100,000,000.
6. Additional penalties:
Suspend production or trading for a fixed period of
01 – 03 months if one of the violations prescribed in Clause 4 and Clause 5 of
this Article is committed.
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Enforced destruction or slaughter of livestock
breeds if the violation prescribed in Clause 5 of this Article is committed.
Article 20. Violations against
regulations on production and trading of semen, embryos, eggs and larvae
1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for failure to hire technicians who must obtain
diplomas or certificates in artificial insemination or embryo transfer when
producing or trading semen, embryos, eggs (excluding poultry eggs, soil worm
eggs and aquatic breeds) and larvae.
2. A fine ranging from VND 6,000,000 to VND
8,000,000 shall be imposed for production or trading of semen, embryos, eggs
and larvae but failure to satisfy infrastructure and equipment requirements
thereof.
3. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for committing one of the following violations:
a) Collecting semen from breeding animals of which
individual productivity is not yet appraised;
b) Collecting eggs and larvae from breeding animals
other than purebreds, GGP, GP and PS, except eggs and larvae collected
naturally;
c) Failure to retain and update records of animal
breeds when producing or trading semen, embryos, eggs and larvae.
4. Remedial measures:
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Article 21. Violations against
regulations on import of livestock breeds
1. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for importing livestock breeds of a grade or
species other than the ones announced.
2. A fine ranging from VND 40,000,000 to VND 50,000,000
shall be imposed for importing of livestock breeds which are not in the list of
livestock breeds and aquatic breeds taken to be suitable for production and
trading in Vietnam, or importing of livestock breeds without permission from a
competent authority, if the shipment is worth less than VND 200,000,000 or
total amount of illegal benefits received is less than VND 100,000,000.
3. Remedial measures:
Enforced re-exporting or slaughter, preparation and
processing or destruction of livestock breeds and aquatic breeds if the
violation prescribed in Clause 1 or Clause 2 of this Article is committed.
Article 22. Violations against
regulations on quality of livestock breeds
1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for having the value of a technical - economic norm
lower than the standard values announced if the shipment is worth less than VND
50,000,000.
2. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for having the value of a technical - economic norm
lower than the standard values announced if the shipment is worth VND
50,000,000 and above.
3. Remedial measures:
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Article 23. Other violations
against regulations on production and trading of aquatic breeds
1. A fine ranging from VND 3,000,000 to VND
4,000,000 shall be imposed for committing one of the following violations:
a) Failure to employ qualified technicians or
employment of technicians who do not obtain an appropriate certificate of
training to take charge of cultivating or raising aquatic breeds;
b) Failure to present documents proving the
transport of aquatic breeds for cultivation or raising purposes when
transporting aquatic breeds that do not reach the standard size for commercial
farming.
2. A fine ranging from VND 5,000,000 to VND
6,000,000 shall be imposed for committing one of the following violations:
a) Violations against regulations on the number of
reproduction or use time or the permitted time to use key parental species into
reproduction;
b) Failure to carry out testing for diseases before
using key parental species for reproduction.
3. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for committing one of the following violations:
a) Failure to employ technicians who must obtain
appropriate qualifications or certificates to take charge of using parental
species for reproduction or trading in parental species;
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4. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for committing one of the following violations:
a) The location for aquatic breed production and
trading is not in the local planning area or is not approved by a competent
authority;
b) Using parental species that fail to meet quality
standards.
5. Remedial measures:
a) Enforced repurposing or destruction of aquatic
breeds if the violation prescribed in Point b Clause 4 of this Article is
committed;
b) Enforced relocation of aquatic breed production
facility if the violation prescribed in Point a Clause 4 of this Article is
committed.
Article 24. Violations against
regulations on certificates, written approvals or licenses concerning livestock
breeds
1. A fine ranging from VND 1,000,000 to VND
3,000,000 shall be imposed for committing one of the following violations:
a) Let another person use professional certificate
in livestock breeds;
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2. A fine ranging from VND 3,000,000 to VND
4,000,000 shall be imposed for deliberately falsifying one of the following
documents:
a) The professional certificate in livestock
breeds;
b) The license to import or export livestock breeds;
c) The decision to suspend testing and appraisal of
livestock breeds.
3. Additional penalties:
Enforced confiscation of license, professional
certificate or suspension decision if the violation prescribed in Clause 2 of
this Article is committed.
Article 25. Violations against
regulations on biosecurity in livestock farming
1. A fine ranging from VND 500,000 to VND 1,000,000
shall be imposed for committing one of the following violations:
a) Failure to fulfill technical requirements for farms
that adversely influences veterinary hygiene and breeding environment;
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c) Failure to carry out registration or declaration
of breeding of livestock as prescribed.
2. Remedial measures:
Enforced implementation of necessary measures for
treatment of environmental pollution if the violation prescribed in Point a
Clause 1 of this Article is committed.
Chapter III
POWER TO RECORD
ADMINISTRATIVE VIOLATIONS AND IMPOSE PENALTIES
Article 26. Power to record
administrative violations
1. The persons having the power to impose
administrative penalties mentioned in Articles 27, 28, 29, 30, 31, 32, 33 of
this Decree shall have the power to record administrative violations within the
ambit of assigned functions, tasks and power.
2. Officials, public employees and persons of
people’s army or people’s security forces working at the agencies specified in
Articles 27, 28, 29, 30, 31, 32, 33 herein shall have the power to record
administrative violations when they are on duty and within the ambit of
assigned functions, tasks and power in the fields of livestock breeds, animal
and aqua feeds.
Article 27. Power of
Chairpersons of people’s committees
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a) Issue warning;
b) Impose a fine up to VND 5,000,000;
c) Confiscate the exhibits and instrumentalities
for committing administrative violation which are worth less than the fine
specified in Point b of this Clause;
d) Enforce the remedial measures mentioned in Point
dd, Point i Clause 3 Article 4 of this Decree.
2. Chairpersons of District-level People’s
Committees shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 25,000,000 for a
violation against regulations on livestock breeds; or VND 50,000,000 for a
violation against regulations on animal and aqua feeds;
c) Suspend operations for a fixed period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fines specified in
Point b of this Clause;
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3. Chairpersons of Provincial-level People’s Committees
shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 50,000,000 for a
violation against regulations on livestock breeds; or VND 100,000,000 for a
violation against regulations on animal and aqua feeds;
c) Suspend operations for a fixed period;
d) Confiscate the exhibits and instrumentalities of
administrative violations;
dd) Enforce the remedial measures mentioned in
Clause 3 Article 4 of this Decree.
Article 28. Power to impose
penalties of inspectors
1. On-duty inspectors of agriculture and rural
development sector and persons who are assigned to conduct specialized
inspections of livestock farming, aquatic products, veterinary medicine,
quality control of agricultural products, forest products and aquatic products
shall have the power to:
a) Issue warning;
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c) Confiscate the exhibits and instrumentalities
for committing administrative violation which are worth less than the fine
specified in Point b of this Clause;
d) Enforce the remedial measures mentioned in Point
dd, Point i Clause 3 Article 4 of this Decree.
2. Chief Inspectors of Provincial Departments of
Agriculture and Rural Development, Directors of Sub-departments performing the
function of inspection of livestock farming, aquatic products, veterinary
medicine, quality control of agricultural products, forest products and aquatic
products; heads of specialized inspections teams of the Department of Livestock
Production, Directorate of Fisheries, Department of Animal Health, the National
Agro-Forestry-Fisheries Quality Assurance Department; heads of specialized
inspections teams of Provincial Departments of Agriculture and Rural
Development; heads of specialized inspections teams of Sub-departments
performing the function of inspection of livestock farming, aquatic products,
veterinary medicine, quality control of agricultural products, forest products
and aquatic products shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 25,000,000 for a
violation against regulations on livestock breeds; or VND 50,000,000 for a
violation against regulations on animal and aqua feeds;
c) Suspend operations for a fixed period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fines specified in
Point b of this Clause;
dd) Enforce the remedial measures mentioned in
Clause 3 Article 4 of this Decree.
3. Heads of inspection teams established by the
Ministry of Agriculture and Rural Development shall have the power to:
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b) Impose a fine up to VND 35,000,000 for a
violation against regulations on livestock breeds; or VND 70,000,000 for a
violation against regulations on animal and aqua feeds;
c) Suspend operations for a fixed period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fines specified in
Point b of this Clause;
dd) Enforce the remedial measures mentioned in
Clause 3 Article 4 of this Decree.
4. The Chief Inspector of Ministry of Agriculture
and Rural Development, Director General of Directorate of Fisheries, Director
General of the Department of Livestock Production, Director General of
Department of Animal Health, Director General of the National
Agro-Forestry-Fisheries Quality Assurance Department (NAFIQAD) shall have the
power to:
a) Issue warning;
b) Impose a fine up to VND 50,000,000 for a
violation against regulations on livestock breeds; or VND 100,000,000 for a
violation against regulations on animal and aqua feeds;
c) Suspend operations for a fixed period;
d) Confiscate the exhibits and instrumentalities of
administrative violations;
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Article 29. Power of People’s
public securities forces
1. Soldiers on duty of People’s Public Security
Forces shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 500,000.
2. Heads of border guard stations, and leaders of
the soldiers mentioned in Clause 1 of this Article shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 1,500,000.
3. Communal-level police chiefs, heads of public
security stations, heads of public security stations at border gates or export
processing zones shall have the power to:
a) Issue warning;
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c) Confiscate the exhibits and instrumentalities
for committing administrative violation which are worth less than the fine
specified in Point b of this Clause;
d) Enforce the remedial measures mentioned in Point
dd, Point i Clause 3 Article 4 of this Decree.
4. Heads of district-level police agencies; heads
of divisions of the Traffic Police Department; heads of departments affiliated
to provincial-level police agencies, including investigation police department
on economic and corruption-related crimes, railway and road traffic police
department, waterway traffic police department, environment crime prevention
and fighting police department, economic security department and public order
police department shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 10,000,000 for a
violation against regulations on livestock breeds; or VND 20,000,000 for a
violation against regulations on animal and aqua feeds;
c) Suspend operations for a fixed period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fines specified in
Point b of this Clause;
dd) Enforce the remedial measures mentioned in
Points b, c, dd, e, h, i, k Clause 3 Article 4 of this Decree.
5. Directors of Provincial-level Public Security
Departments shall have the power to:
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b) Impose a fine up to VND 25,000,000 for a
violation against regulations on livestock breeds; or VND 50,000,000 for a
violation against regulations on animal and aqua feeds;
c) Suspend operations for a fixed period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fines specified in
Point b of this Clause;
dd) Enforce the remedial measures mentioned in
Points b, c, dd, e, h, i, k Clause 3 Article 4 of this Decree.
6. Directors of the investigation police department
on economic and corruption-related crimes, the traffic police department, the
environment crime prevention and fighting police department, the general
economic security department, the agriculture, forestry and aquaculture
economic security department, and the public order police department shall have
the power to:
a) Issue warning;
b) Impose a fine up to VND 50,000,000 for a
violation against regulations on livestock breeds; or VND 100,000,000 for a
violation against regulations on animal and aqua feeds;
c) Suspend operations for a fixed period;
d) Confiscate the exhibits and instrumentalities of
administrative violations;
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Article 30. Power of border
guard forces
1. Soldiers on duty of border guard forces shall
have the power to:
a) Issue warning;
b) Impose a fine up to VND 500,000.
2. Heads of border guard stations and leaders of
soldiers of border guard forces shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 2,500,000.
3. Heads of border-guard stations, commanders of
border-guard flotillas, commanders of border-guard sub-zones and commanders of
port border guards shall have the power to:
a) Issue warning;
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c) Confiscate the exhibits and instrumentalities
for committing administrative violation which are worth less than the fine
specified in Point b of this Clause;
d) Enforce the remedial measures mentioned in
Points b, c, dd, e, h, i, k Clause 3 Article 4 of this Decree.
4. Commanders of provincial-level border guard
forces and commanders of border guard fleets affiliated to Border Guard High
Command shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 50,000,000 for a
violation against regulations on livestock breeds; or VND 100,000,000 for a
violation against regulations on animal and aqua feeds;
c) Suspend operations for a fixed period;
d) Confiscate the exhibits and instrumentalities of
administrative violations;
dd) Enforce the remedial measures mentioned in
Points b, c, dd, e, h, i, k Clause 3 Article 4 of this Decree.
Article 31. Power of marine
police forces
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a) Issue warning;
b) Impose a fine up to VND 1,000,000 for a
violation against regulations on livestock breeds; or VND 1,500,000 for a
violation against regulations on animal and aqua feeds.
2. Coastguard team leaders shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 2,500,000 for a
violation against regulations on livestock breeds; or VND 5,000,000 for a
violation against regulations on animal and aqua feeds.
3. Coastguard squad leaders and captains of
coastguard stations shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 5,000,000 for a
violation against regulations on livestock breeds; or VND 10,000,000 for a
violation against regulations on animal and aqua feeds;
c) Enforce the remedial measures mentioned in Point
dd, Point i Clause 3 Article 4 of this Decree.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Issue warning;
b) Impose a fine up to VND 10,000,000 for a
violation against regulations on livestock breeds; or VND 20,000,000 for a
violation against regulations on animal and aqua feeds;
c) Confiscate the exhibits and instrumentalities
for committing administrative violation which are worth less than the fine
specified in Point b of this Clause;
d) Enforce the remedial measures mentioned in
Points b, c, d, dd, e, h, i, k Clause 3 Article 4 of this Decree.
5. Commanders in chief of coastguard squadrons
shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 15,000,000 for a
violation against regulations on livestock breeds; or VND 30,000,000 for a
violation against regulations on animal and aqua feeds;
c) Confiscate the exhibits and instrumentalities
for committing administrative violation which are worth less than the fine
specified in Point b of this Clause;
d) Enforce the remedial measures mentioned in
Points b, c, d, dd, e, h, i, k Clause 3 Article 4 of this Decree.
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ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
a) Issue warning;
b) Impose a fine up to VND 25,000,000 for a
violation against regulations on livestock breeds; or VND 50,000,000 for a
violation against regulations on animal and aqua feeds;
c) Confiscate the exhibits and instrumentalities
for committing administrative violation which are worth less than the fine
specified in Point b of this Clause;
d) Enforce the remedial measures mentioned in
Points b, c, d, dd, e, h, i, k Clause 3 Article 4 of this Decree.
7. Commanders of Coastguard Headquarters shall have
the power to:
a) Issue warning;
b) Impose a fine up to VND 50,000,000 for a
violation against regulations on livestock breeds; or VND 100,000,000 for a
violation against regulations on animal and aqua feeds;
c) Suspend operations for a fixed period;
d) Confiscate the exhibits and instrumentalities of
administrative violations;
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Article 32. Power of customs
agencies
1. Customs officials on duty shall have the power
to:
a) Issue warning;
b) Impose a fine up to VND 500,000.
2. Team leaders of customs branches and team
leaders of post-clearance audit branches shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 5,000,000.
3. Directors General of Customs Branches and Post-clearance
Audit Branches, leaders of customs enforcement teams affiliated to provincial,
inter-provincial or city Customs Departments, leaders of anti-smuggling and
control teams, leaders of customs procedure teams, leaders of marine control
squads and leaders of intellectual property protection and control teams,
affiliated to Anti-smuggling and Investigation Department, Vietnam Customs,
shall have the power to:
a) Issue warning;
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c) Confiscate the exhibits and instrumentalities
for committing administrative violation which are worth less than the fine
specified in Point b of this Clause;
d) Enforce the remedial measures mentioned in
Points b, c, d, dd, e, h, k Clause 3 Article 4 of this Decree.
4. Directors General of Anti-smuggling and
Investigation Department, and Post-clearance Audit Department, affiliated to
Vietnam Customs, and Directors General of provincial, inter-provincial or city
Customs Departments shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 50,000,000;
c) Suspend operations for a fixed period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fines specified in
Point b of this Clause;
dd) Enforce the remedial measures mentioned in
Points b, c, d, dd, e, h, k Clause 3 Article 4 of this Decree.
5. Director General of Vietnam Customs shall have
the power to:
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b) Impose a fine up to VND 50,000,000 for a
violation against regulations on livestock breeds; or VND 100,000,000 for a
violation against regulations on animal and aqua feeds;
c) Confiscate the exhibits and instrumentalities of
administrative violations;
d) Enforce the remedial measures mentioned in
Points b, c, d, dd, e, h, k Clause 3 Article 4 of this Decree.
Article 33. Power of market
surveillance units
1. Market controllers on duty shall have the power
to:
a) Issue warning;
b) Impose a fine up to VND 500,000.
2. Leaders of market surveillance teams shall have
the power to:
a) Issue warning;
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c) Confiscate the exhibits and instrumentalities
for committing administrative violation which are worth less than the fine
specified in Point b of this Clause;
d) Enforce the remedial measures mentioned in
Points a, b, c, dd, e, g, h, k, l Clause 3 Article 4 of this Decree.
3. Directors General of Market Surveillance
Departments affiliated to Provincial Departments of Industry and Trade, and
Heads of Anti-smuggling Division, Anti-Counterfeiting Division, and Goods Quality
Control Division, affiliated to the Market Surveillance Agency, shall have the
power to:
a) Issue warning;
b) Impose a fine up to VND 50,000,000;
c) Suspend operations for a fixed period;
d) Confiscate the exhibits and instrumentalities for
committing administrative violation worth less than the fines specified in
Point b of this Clause;
dd) Enforce the remedial measures mentioned in
Clause 3 Article 4 of this Decree.
4. Director General of Market Surveillance Agency
shall have the power to:
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b) Impose a fine up to VND 50,000,000 for a
violation against regulations on livestock breeds; or VND 100,000,000 for a
violation against regulations on animal and aqua feeds;
c) Suspend operations for a fixed period;
d) Confiscate the exhibits and instrumentalities of
administrative violations;
dd) Enforce the remedial measures mentioned in
Clause 3 Article 4 of this Decree.
Article 34. Determination of
power to impose penalties chairpersons of people’s committees of all levels,
inspectorates, customs agencies, market surveillance units, people’s public
security forces, border guard forces and marine police forces
1. Chairpersons of people’s committees of all
levels have the power to impose administrative penalties, impose additional
penalties and enforce remedial measures against administrative violations
specified herein within their competence prescribed in Article 27 herein and
within the ambit of assigned functions, duties and powers.
2. Authorized officers of inspectorates have the
power to impose administrative penalties, impose additional penalties and
enforce remedial measures against administrative violations specified herein
within their competence prescribed in Article 28 herein and within the ambit of
assigned functions, duties and powers.
3. Authorized officers of people’s public security
forces have the power to impose administrative penalties, impose additional
penalties and enforce remedial measures against administrative violations
specified herein within their competence prescribed in Article 29 herein and
within the ambit of assigned functions, duties and powers.
4. Authorized officers of customs agencies have the
power to impose penalties for administrative violations, impose additional
penalties and enforce remedial measures for administrative violations against
regulations on livestock breeds, animal and aqua feeds mentioned in Clause 8
Article 10 and Clause 2 Article 21 of this Decree within the ambit of assigned
functions, tasks and power.
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6. Authorized officers of border guard forces and
marine police forces have the power to impose penalties for
administrative violations, impose additional penalties and enforce remedial
measures for administrative violations against regulations on livestock breeds,
animal and aqua feeds mentioned in Clause 8 Article 10, Clauses 1, 2, 3, 4, 5,
6, 7, 8, 9, 10, 11, 12 Article 11, and Article 21 of this Decree within the
ambit of assigned functions, tasks and power.
Chapter IV
IMPLEMENTATION
PROVISIONS
Article 35. Entry into force
1. This Decree comes into force from June 22, 2018.
2. This Decree supersedes the following documents:
a) The Government’s Decree No. 119/2013/ND-CP dated
October 09, 2013;
b) Regulations on penalties for administrative
violations against regulations on livestock breeds, animal and aqua feeds in
the Government’s Decree No. 41/2017/ND-CP dated April 05, 2017.
Article 36. Transition
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2. The administrative violations against
regulations on livestock breeds, animal and aqua feeds which are committed or
discovered before the date of entry into force of this Decree but are not duly
recorded shall be sanctioned in accordance with regulations of this Decree.
Article 37. Responsibility for
implementation
1. Minister of Agriculture and Rural Development
shall instruct and organize the implementation of this Decree.
2. Ministers, heads of ministerial-level agencies,
heads of the Government’s affiliates, Chairpersons of People’s Committees of
Central-affiliated Cities or Provinces shall be responsible for implementing
this Decree.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc