THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence
- Freedom - Happiness
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No:
26/2003/ND-CP
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Hanoi,
March 19, 2003
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DECREE
ON SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF
PLANT PROTECTION AND QUARANTINE
THE GOVERNMENT
Pursuant to the December 25, 2001 Law on
Organization of the Government;
Pursuant to the July 25, 2001 Ordinance on Plant Protection and Quarantine;
Pursuant to the July 2, 2002 Ordinance on the Handling of Administrative
Violations;
At the proposal of the Minister of Agriculture and Rural Development,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.- Scope of
regulation
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1. Violations of regulations on the prevention
and elimination of organisms that are harmful to plant resources.
2. Violations of regulations on plant
quarantine.
3. Violations of regulations on the management
of plant protection drugs.
Article 2.- Objects of
application
1. Those who are between full 14 years and under
16 years of age shall be administratively sanctioned for intentional
administrative violations; those who are full 16 years of age or older shall be
administratively sanctioned for all administrative violations committed by
themselves in the domain of plant protection and quarantine prescribed in the
legislation on sanctioning administrative violations and the provisions in
Chapter II of this Decree.
2. Organizations shall be administratively
sanctioned for all administrative violations committed by themselves in the
domain of plant protection and quarantine. After abiding by the sanctioning
decisions, the sanctioned organizations shall identify individuals at fault so
as to determine their legal liability in accordance with law provisions.
3. Foreign individuals and organizations that
commit administrative violations in the domain of plant protection and
quarantine within the territory, exclusive economic zone and continental shelf
of the Socialist Republic of Vietnam shall be administratively sanctioned under
the provisions of this Decree, unless otherwise provided for by the
international agreements which Vietnam has signed or acceded to.
Article 3.- Principles
for sanctioning administrative violations
1. The sanctioning of administrative violations
in the domain of plant protection and quarantine must be effected by persons
competent to sanction as specified in the Ordinance on the Handling of
Administrative Violations and in Articles 19 and 20 of this Decree.
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3. An act of administrative violation shall be
sanctioned only once; an individual committing many acts of administrative
violation shall be sanctioned for each violation act. If many individuals
commit one act of administrative violation, each of the violators shall be
sanctioned.
4. The sanctioning of administrative violations
must be based on the nature and seriousness of the violations, personal
identification of the violators, aggravating and extenuating circumstances so
as to decide on the sanctioning form and level as well as handling measures in
accordance with the provisions of this Decree.
Cautions shall apply to minor, first-time
violations or violations involving extenuating circumstances or to all
administrative violations committed by minors aged between full 14 and under 16
years.
5. No administrative sanction shall be imposed
in cases of emergency, legitimate self-defense or sudden events or if the
violators are suffering from mental illnesses or other diseases which render
them incapable of being aware of or controlling their acts.
Article 4.- Extenuating
circumstances
1. Administrative violators have stopped,
mitigated the harms of their violations or voluntarily overcome consequences
and pay compensation for the damage.
2. Administrative violators have voluntarily confessed
and shown honest repentance.
3. Committing violations in the state of being
mentally provoked by illegal acts of others.
4. Committing violations due to coercion or
material or spiritual dependence.
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6. Committing violations due to exceptionally
difficult plights not caused by the violators.
7. Committing violations due to ignorance.
Article 5.- Aggravating
circumstances
1. Committing violations in an organized manner.
2. Committing repeated violations or recidivism
in the same fields.
3. Inciting and dragging minors to commit
violations, forcing materially or spiritually dependent persons to commit
violations.
4. Committing violations in the state of
drunkenness as a result of using alcohol, beer or other stimulants.
5. Abusing ones’ posts and powers to commit
violations.
6. Taking advantage of war, natural calamity
conditions or other exceptional difficulties of the society to commit
violations.
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8. Continuing acts of administrative violation
though competent persons have ordered the stoppage of such acts.
9. Hiding or concealing administrative
violations after committing them.
Article 6.- Statute of
limitations for sanctioning and time limit for being considered as not having
been sanctioned for administrative violations
The statute of limitations for sanctioning in
the domain of plant protection and quarantine is one year as from the date the
administrative violations are committed.
The statute of limitations for sanctioning
administrative violations in export, import or for administrative violations
being acts of producing or trading in banned or fake plant protection drugs is
two years as from the date the administrative violations are committed.
The time limit for being considered as not
having been administratively sanctioned is one year as from the date the
administratively sanctioned individuals or organizations completely serve the
sanctioning decisions or the administratively sanctioned individuals or
organizations shall be considered as not having been administratively
sanctioned if they do not relapse into violations after the statute of
limitations for executing the sanctioning decisions expires.
Article 7.- Sanctioning
forms and remedial measures
When sanctioning administrative violations under
this Decree, the persons with the sanctioning competence shall apply only the
principal sanctioning forms, additional measures and remedial measures
concretely as follows:
1. For each administrative violation, the
violating individuals or organizations shall be subject to one of the following
principal sanctioning forms:
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b/ Fine.
The maximum amount of fine in the domain of
plant protection and quarantine is VND 30,000,000.
2. The organizations or individuals that commit
administrative violations shall, depending on the nature and seriousness of
their violations, also be subject to one or several of the following additional
sanctioning forms:
a/ Stripping of the right to use assorted
permits for assay of new plant protection drugs, certificates of practicing
production, processing, rebottling, packaging and/or trading in plant
protection drugs, or certificates of practicing steam disinfection;
b/ Confiscation of the material evidences and
means used for committing administrative violations in the domain of plant
protection and quarantine.
3. Apart from the sanctioning forms specified in
Clauses 1 and 2 of this Article, organizations and individuals committing
administrative violations may be also compelled to apply one or several of the
following remedial measures:
a/ Forcible restoration of the original state
which has been altered by the administrative violations;
b/ Forcible application of measures to overcome
the environmental pollution or epidemic spread caused by administrative
violations;
c/ Forcible destruction of the plant
quarantine-liable articles, which have been infected with Vietnam’s plant
quarantine objects or strange harmful organisms which cannot be isolated and
eliminated in Vietnam;
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e/ Forcible destruction of drugs, raw materials
thereof and plant protection drug packages banned from use, not on the list of
those permitted for use or for restricted use in Vietnam; plant protection
drugs which are faked, of unclear origin or useless due to expired use duration;
f/ Forcible bringing out of the Vietnamese
territory or forcible re-export of plant protection drugs and raw materials
thereof, which are banned from use, not on the lists of those permitted for use
and restricted use in Vietnam; plant protection drugs which are fake, of
unclear origin or useless due to expired use duration, and raw materials of
plant protection drugs with active ingredient contents lower than the
prescribed levels;
g/ Forcible re-processing of drugs and raw
materials thereof of real quality inferior to that prescribed by the State.
Organizations and individuals committing
administrative violations and thereby compelled to apply the remedial measures
shall have to bear all expenses incurred therefrom.
Chapter II
SANCTIONING FORMS AND
LEVELS FOR ACTS OF ADMINISTRATIVE VIOLATION IN THE DOMAIN OF PLANT PROTECTION
AND QUARANTINE
Section A. SANCTIONING
FORMS AND LEVELS REGARDING PLANT PROTECTION
Article 8.- Sanctioning
forms and levels applicable to acts of violating the regulations on prevention
and elimination of organisms harmful to plant resources
1. A caution or a fine of between VND 100,000
and 300,000 for one of the following acts of violation:
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b/ Persons who are directly providing plant
protection services have no professional qualifications in plant protection as
prescribed by law;
c/ Failing to apply the prescribed measures to
prevent and eliminate organisms harmful to plant resources as directed and
ordered by competent State agencies.
2. A fine of between VND 300,000 and 700,000 for
the following act:
Bringing out of epidemic-hit areas plant
resources infected with dangerously harmful organisms which have been announced
as pests but not yet treated.
3. A fine of between VND 700,000 and 1,500,000
on the following act:
Transporting, trading in or using plant
varieties seriously infected with pests or dangerous harmful organisms which
have been announced by competent State bodies in charge of plant protection and
quarantine as pests in various regions in the country.
4. A fine of between VND 1,500,000 and 5,000,000
for one of the following acts of violation:
a/ Producing and storing plant varieties
seriously infected with pests;
b/ Multiplying and raising organisms dangerously
harmful to plants.
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a/ Forcible destruction of plant resources,
dangerously harmful organisms or plant varieties, for acts of violation
specified in Clauses 2 and 3, and at Point a, Clause 4 of this Article.
b/ Forcible remedy of consequences entailed by
the acts of violation specified at Points a and c, Clause 1 of this Article.
Section B. SANCTIONING
FORMS AND LEVELS REGARDING PLANT QUARANTINE:
Article 9.- Sanctioning
forms and levels for acts of violating regulations on quarantine of exported,
imported and transited plants
1. A fine of between VND 500,000 and 1,500,000
for one of the following acts of violation:
a/ Failing to complete the prescribed procedures
for plant quarantine declaration before importing, exporting or transporting in
transit plant resources;
b/ Bringing into the Vietnamese territory plant
quarantine-liable articles without plant quarantine certificates issued by the exporting
countries (except countries having no plant quarantine agencies) or not yet
quarantined at the border gates.
2. A fine of between VND 1,500,000 and 3,000,000
for one of the following acts of violations:
a/ Failing to inspect and quarantine plant resources;
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c/ Transporting in transit plant resources
without plant quarantine certificates issued by plant quarantine agencies of
the places of origin (except countries having no plant quarantine agencies).
3. A fine of between VND 3,000,000 and 6,000,000
for one of the following acts of violations:
a/ Making false declaration, concealing or
fraudulently exchanging plant quarantine-liable articles while the plant
quarantine agencies are quarantining exported or imported goods lots;
b/ Putting additionally goods or substituting
goods already granted the plant quarantine certificates with unquarantined
ones.
4. A fine of between VND 6,000,000 and
10,000,000 for one of the following acts of violation:
a/ Bringing into the Vietnamese territory live
objects of plant quarantine or live harmful organisms without permission of the
Minister of Agriculture and Rural Development.
b/ Bringing into Vietnam soil infected with
harmful organisms.
5. Additional sanctioning forms and remedial
measures:
a/ Confiscation of plant quarantine
certificates, for acts of violation specified in Clause 3 of this Article;
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c/ Forcible destruction of plant quarantine
objects or strange harmful organisms, for acts of violation specified at Point
a, Clause 4 of this Article.
Article 10.-
Sanctioning forms and levels applicable to acts of violating the regulations on
domestic plant quarantine
1. A caution or a fine of between VND 100,000
and 300,000 for the following act of violation:
Having no plant quarantine certificates issued
by competent plant protection and quarantine State agencies of the departure
places when bringing plant resources subject to plant quarantine out of
epidemic-hit areas.
2. A fine of between VND 300,000 and 1,000,000
for the following act of violation:
Transporting, loading and unloading plant
resources infected with plant quarantine objects at variance with regulations.
3. A fine of between VND 1,000,000 and 2,500,000
for one of the following acts of violation:
a/ Bringing plant quarantine objects to areas
within the Vietnamese territory;
b/ Failing to observe the regulations on
treatment of articles infected with Vietnam’s plant quarantine objects or
strange harmful organisms;
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d/ Failing to abide by measures to zone off,
block and eliminate niduses of harmful organisms subject to plant quarantine on
orders of competent plant protection and quarantine State agencies.
4. A fine of between VND 2,500,000 and 5,000,000
for the following act of violation:
Failing to abide by the measures to treat plant
quarantine-liable articles prescribed by plant quarantine agencies when
exporting or importing them.
5. A fine of VND 15,000,000 for one of the
following acts of violation:
a/ Failing to thoroughly treat T.G termites in storehouses,
which plant quarantine agencies have detected and prescribed measures to kill
them;
b/ Failing to thoroughly treat plant quarantine
objects which plant quarantine agencies have announced, detected and prescribed
measures to kill them in the process of production, processing, preservation
and transportation
6. A fine of VND 30,000,000 for the following
act of violation:
Transporting plant quarantine-liable articles
which have been infected with T.G termites and not yet thoroughly treated
though plant quarantine agencies have detected and prescribed measures to kill
them.
7. Remedial measures:
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b/ Forcible destruction of articles seriously
infected with TG termites, other plant quarantine objects already announced in
each particular place and at each particular time (if thorough treatment is
impossible), for acts of violation specified in Clauses 5 and 6 of this
Article.
Article 11.-
Sanctioning forms and levels applicable to acts of violating regulations on
plant quarantine of imported plant varieties and useful organisms
1. A caution or a fine of between VND 200,000
and 500,000 for one of the following acts of violation:
a/ Growing imported plant varieties not at
places prescribed by plant quarantine agencies;
b/ Failing to declare to competent plant
protection and quarantine State agencies in the localities where imported plant
varieties are grown or used
2. A fine of between VND 1,000,000 and 3,000,000
for one of the following acts of violation:
a/ Growing or producing new plant varieties
which are imported for the first time pending the conclusions of plant
quarantine agencies on their infection conditions;
b/ Failing to observe the regulations of the
Ministry of Agriculture and Rural Development on the import, multiplication for
raising and use of useful organisms;
c/ Failing to observe the regulations of the
Ministry of Agriculture and Rural Development on the period for monitoring
harmful organisms for each group of imported plants.
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Importing and transiting plant varieties
infected with strange harmful organisms or plant quarantine objects on
Vietnam’s list of plant quarantine objects.
4. Additional sanctioning forms and remedial
measures:
a/ Forcible destruction of plant varieties, for
acts of violation specified in Clause 3 of this Article;
b/ Confiscation of imported plant varieties, for
acts of violation specified at Point a, Clause 2 of this Article;
c/ Forcible bringing out of the Vietnamese
territory or forcible re-export of imported plant varieties, for acts of
violation specified in Clause 3 of this Article.
Article 12.- Sanctioning
forms and levels applicable to acts of violating regulation on steam
disinfection
1. A fine of between VND 2,000,000 and 5,000,000
for one of the following acts of violation:
a/ Failing to get a steam disinfection practice
certificate;
b/ The contingent of officials and technical
workers fails to meet the steam disinfection requirements as prescribed;
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d/ Storehouses of disinfecting chemicals are not
up to standards prescribed by competent agencies.
2. A fine of between VND 5,000,000 and
10,000,000 for one of the following acts of violation:
a/ Using steam disinfectants with their trade
names not yet on the list of plant protection drugs permitted for use or
restricted use in Vietnam;
b/ Using steam disinfectants of inferior
quality, without labels as prescribed, or of unclear origin;
c/ Conducting steam disinfection at variance
with prescribed technical processes.
3. A fine of between VND 10,000,000 and
20,000,000 for one of the following acts of violation:
a/ Using steam disinfectants on the list of
plant protection drugs banned from use in Vietnam.
b/ Using steam disinfectants at variance with
regulations, adversely affecting the quality of steam-disinfected articles or
polluting the environment, adversely affecting the health of people and
domestic animals.
4. Additional sanctioning forms and remedial
measures:
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b/ Forcible application of measures to overcome
environmental pollution, for acts of violation specified in Clause 3 of this
Article;
c/ Suspension of steam disinfection activities,
for acts of violation of Clauses 1 and 2 of this Article.
Section C. SANCTIONING
FORMS AND LEVELS APPLICABLE TO THE MANAGEMENT OF PLANT PROTECTION DRUGS
Article 13.- Sanctioning
forms and levels applicable to acts of violating the regulations on the
production, processing, re-bottling and packaging of plant protection drugs:
1. A fine of VND 1,000,000 and 2,500,000 for one
of the following acts of violation:
a/ Persons directly administering the
production, processing, re-bottling and packaging of drugs have no practicing
certificates or have expired practicing certificates;
b/ Producing, processing, re-bottling or
packaging drugs without equipment and facilities to ensure hygiene, labor
safety and health safety for people, domestic animals and environment and to
prevent and fight fires and explosions or with such equipment and facilities
but they fail to ensure prescribed requirements.
2. A fine of between VND 2,500,000 and 6,000,000
for one of the following acts of violation:
a/ Producing, processing, re-bottling and
packaging drugs not according to prescribed technological processes;
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3. A fine of between VND 6,000,000 and
15,000,000 for one of the following acts of violation:
a/ Producing, processing, re-bottling and
packaging drugs not on the list of plant protection drugs permitted for use or
restricted use in Vietnam;
b/ Producing, processing, re-bottling and
packaging drugs not up to qualitative and quantitative standards;
c/ Producing, processing, re-bottling and
packaging drugs not up to technical standards as registered and inscribed on
packages;
d/ Producing, processing, re-bottling and
packaging drugs composed of raw materials not of registered origin;
e/ Producing, processing, re-bottling and
packaging drugs in glass ampoules.
4. A fine of VND 30,000,000 for one of the
following acts of violation:
a/ Producing, processing, re-bottling and
packaging drugs on the list of plant protection drugs banned from use in
Vietnam, with a quantity of under 100 kg (or liters) of finished drugs;
b/ Producing, processing, re-bottling and
packaging fake drugs with a quantity equivalent to that of genuine drugs valued
at up to under VND 30 million.
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a/ Stripping of the right to use practicing
certificates, for acts of violation specified in Clause 4 of this Article;
b/ Confiscation of drugs and raw materials
thereof, for acts of violation specified at Points a, d and e, Clause 3 of this
Article;
c/ Confiscation of drugs, raw materials thereof
and production means, for acts of violation specified in Clause 4 of this
Article;
d/ Forcible destruction of drugs and raw
materials thereof, for acts of violation specified in Clause 4 of this Article;
e/ Forcible re-processing of drugs, for acts of
violation specified at Points b and c, Clause 3 of this Article.
Article 14.-
Sanctioning forms and levels applicable to acts of violating the regulations on
trading in plant protection drugs and raw materials thereof:
1. A caution or a fine of between VND 200,000
and 500,000 for one of the following acts of violation:
a/ Trading in drugs without practicing
certificates or with expired ones;
b/ Trading in drugs without drug stores and
storehouses or with such shops and storehouses but they fail to ensure
prescribed requirements;
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d/ Trading in drugs in glass ampoules;
e/ Trading in drugs not on the lists of plant
protection drugs permitted for use and restricted use in Vietnam, plant
protection drugs which have expired use duration, fail to meet quality
standards, or are of unclear origin, of a quantity of under 5 kg (or liters) of
finished drugs;
f/ Trading in drugs banned from use in Vietnam,
of a quantity of under 1 kg (or liter) of finished drugs.
2. A fine of between VND 500,000 and 1,000,000
for one of the following acts of violation:
a/ Trading in drugs and raw materials thereof
not on the lists of plant protection drugs permitted for use and restricted use
in Vietnam, plant protection drugs which have expired use duration, fail to
meet quality standards, or are of unclear origin, of a quantity of between 5 kg
(or liters) and under 20 kg (or liters) of finished drugs;
b/ Trading in drugs banned from use in Vietnam,
of a quantity of between 1 and under 3 kg (liters) of finished drugs.
3. A fine of between VND 1,000,000 and 3,000,000
for one of the following acts of violation:
a/ Trading in drugs and raw materials thereof
not on the lists of plant protection drugs permitted for use or restricted use
in Vietnam, plant protection drugs which have expired use duration, fail to meet
quality standards, or are of unclear origin, of a quantity of between 20 kg (or
liters) and under 100 kg (or liters) of finished drugs;
b/ Trading in drugs banned from use in Vietnam,
of a quantity of between 3 kg (or liters) and under 5 kg (liters) of finished
drugs;
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d/ Trading in drugs with quantities less than
those inscribed on packages.
4. A fine of between VND 3,000,000 and 6,000,000
for one of the following acts of violation:
a/ Trading in drugs and raw materials thereof
not on the lists of plant protection drugs permitted for use or restricted use
in Vietnam, plant protection drugs which have expired use duration, fail to
meet quality standards, or are of unclear origin, of a quantity of between 100
kg (or liters) and under 300 kg (or liters) of finished drugs;
b/ Trading in drugs banned from use in Vietnam,
of a quantity of between 5 kg ( or liters) and under 10 kg (liters) of finished
drugs.
5. A fine of between VND 6,000,000 and
15,000,000 for one of the following acts of violation:
a/ Trading in drugs and raw materials thereof
not on the lists of plant protection drugs permitted for use or restricted use
in Vietnam, plant protection drugs which have expired use duration, fail to
meet quality standards, or are of unclear origin, of a quantity of between 300
kg (or liters) and under 500 kg (or liters) of finished drugs;
b/ Trading in drugs banned from use in Vietnam,
of a quantity of between 10 kg (or liters) and under 50 kg (or liters) of
finished drugs;
c/ Trading in drugs with expired use duration,
drug failing to meet quality standards, of a quantity of 500 kg (or liters) or
over.
6. A fine of between VND 15,000,000 and
30,000,000 for one of the following acts of violation:
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b/ Trading in drugs banned from use in Vietnam,
of a quantity of between 50 kg (or liters) and under 100 kg (or liters) of
finished drugs;
c/ Trading in fake drugs of a quantity
equivalent to that of genuine drugs valued at up to under VND 30 million.
7. Additional sanctioning forms and remedial
measures:
a/ Stripping of the right to use practicing
certificates, for acts of violation specified in Clauses 4, 5 and 6 of this
Article;
b/ Confiscation of drugs, for repeated violation
acts specified at Points a, b and c, Clause 1 of this Article;
c/ Confiscation of drugs, raw materials thereof,
for acts of violation specified at Points d and e, Clause 1 and Point a, Clause
2, in Clause 3, Clause 4, Clause 5 and Clause 6 of this Article;
d/ Forcible destruction of drugs, for acts of
violation specified at Point f of Clause 1, Point b of Clause 2, Point b of
Clause 3, Point b of Clause 4, Point b of Clause 5 and Points b and c of Clause
6 of this Article.
Article 15.-
Sanctioning forms and levels applicable to acts of violating regulations on
transportation, preservation and use of plant protection drugs
1. A caution or a fine of between VND 100,000
and 200,000 for one of the following acts of violation:
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b/ Failing to ensure technical safety requirements
on transportation and preservation of drugs and raw materials thereof,
prescribed for transport means and storehouses;
c/ Preserving, transporting drugs and raw
materials thereof together with domestic animals, animal feeds, food,
foodstuff, drinks, medicines, veterinary drugs and other consumer goods and
supplies, except fertilizers;
d/ Transporting drugs on public transport means;
e/ Using drugs contained in glass ampoules.
2. A fine of between VND 200,000 and 500,000 for
one of the following acts of violation:
a/ Using plant protection drugs without ensuring
technical requirements and isolation periods;
b/ Using plant protection drugs banned from use
in Vietnam, drugs of unclear origin;
c/ Using plant protection drugs permitted for
restricted use on wrong objects of prevention and elimination;
d/ Using plant protection drugs not for the
purposes of preventing and eliminating organisms harmful to plant resources.
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Using plant protection drugs at variance with
technical requirements and prescribed isolation periods, thus causing danger to
people, cattle and polluting the environment.
4. A fine of between VND 3,000,000 and 6,000,000
for the following acts of violation:
a/ Transporting drugs and raw materials thereof
not on the lists of plant protection drugs permitted for use or restricted use
in Vietnam;
b/ Transporting drugs banned from use in
Vietnam, of a quantity of up to 100 kg (or liters) of finished drugs.
5. Additional sanctioning forms and remedial
measures:
a/ Confiscation of drugs, for acts of violation
specified at Point a of Clause 1, Points b and d of Clause 2, and Clause 4 of
this Article;
b/ Forcible destruction of drugs, for acts of
violation specified at Point b, Clause 4 of this Article;
c/ Forcible application of measures to overcome
the environmental pollution, for acts of violation specified in Clause 3 of
this Article.
Article 16.-
Sanctioning forms and levels applicable to acts of violating regulations on
import, export and assay of plant protection drugs
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a/ Failing to make registration for State
inspection of quality when importing drugs and raw materials thereof;
b/ Failing to make registration on time when
being forced to make registration for State inspection of quality within the
prescribed time limit.
2. A fine of between VND 2,000,000 and 6,000,000
for one of the following acts of violation:
a/ Importing drugs or raw materials thereof not
on the list of plant protection drugs permitted for use in Vietnam without
import permits of the Ministry of Agriculture and Rural Development;
b/ Importing drugs or raw materials thereof with
expired use duration, drugs of unclear origin, drugs contained in glass
ampoules;
c/ Importing drugs on the list of plant
protection drugs permitted for restricted use in Vietnam at variance with the
permits’ contents;
d/ Importing drugs and raw materials thereof of
actual quality lower than the State-prescribed quality.
e/ Drugs and raw materials thereof are not in
their original conditions when samples are taken for quality inspection;
f/ Part of whole of imported drugs and raw
materials thereof are put into use pending the notification that the State
inspection results show that they are of import quality;
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3. A fine of between VND 6,000,000 and
15,000,000 for one of the following acts of violation:
a/ Importing drugs and raw materials thereof of
inferior quality, violating compulsory regulations on safety, hygiene and
environmental protection;
b/ Importing drugs on the list of plant
protection drugs permitted for restricted use in Vietnam without permits of the
Ministry of Agriculture and Rural Development;
c/ Deliberately shirking the State inspection of
the quality of imported or exported drugs and raw materials thereof;
d/ Assaying new plant protection drugs without
permits.
4. A fine of VND 30,000,000 for the following
act of violation:
Importing drugs or raw materials thereof on the
list of plant protection drugs banned from use in Vietnam, of a quantity of up
to 100 kg (or liters).
5. Additional sanctioning forms and remedial
measures:
a/ Forcible destruction or re-export of drugs
and raw materials thereof, for acts of violation specified at Points a and b of
Clause 2, Point a of Clause 3 and Clause 4 of this Article;
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c/ Stripping of the right to use permits, for
acts of violation specified at Point g, Clause 2 of this Article.
Article 17.-
Sanctioning forms and levels applicable to acts of violating the regulations on
information, advertisement and labels of plant protection drugs
1. A fine of between VND 1,000,000 and 3,000,000
for one of the following acts of violation:
a/ Information on and advertisements for plant
protection drugs, with their contents not yet approved by competent State
agencies in charge of plant protection and quarantine;
b/ Information on and advertisements for drugs
not for the right prevention and elimination objects inscribed in the plant
protection drug registration certificates;
c/ Drug labels at variance with the contents of
plant protection drug registration certificates.
2. A fine of between VND 3,000,000 and
10,000,000 for one of the following acts of violation:
a/ Information on and advertisements for drugs
not on the list of plant protection drugs permitted for use in Vietnam;
b/ Advertisements for drugs on the list of plant
protection drugs permitted for restricted use in Vietnam;
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3. A fine of between VND 10,000,000 and
20,000,000 for one of the following acts of violation:
a/ Untrue advertisements, advertisements for the
wrong quality of registered drugs;
b/ Advertisements with contents lowering the prestige
and quality of drugs of other individuals or organizations.
4. A fine of between VND 20,000,000 and
30,000,000 for the following act of violation:
Advertising plant protection drugs banned from
use in Vietnam.
5. Other violations regarding goods labels shall
be administratively sanctioned under the provisions of the Government’s decrees
on administrative sanctions in the domain of trade.
6. Additional sanctioning forms and remedial
measures:
Confiscation of drug labels and drugs with
forged labels, for acts of violation specified at Point c, Clause 2 of this
Article.
Article 18.- Sanctioning
forms and levels applicable to acts of violating regulation on administrative
management over plant protection, plant quarantine and plant protection drugs:
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a/ Correcting or erasing the following papers:
- Permits for import of drugs on the list of
plant protection drugs permitted for restricted use in Vietnam; permits for
import of drugs not on the list of plant protection drugs permitted for use in
Vietnam for assay or for use in foreign-invested projects, for processing and
re-export under contracts signed between enterprises and foreign partners;
- Permits for assay of new plant protection
drugs;
- Certificates of registration of plant
protection drugs in Vietnam;
- Plant quarantine certificates;
- Certificates of inspection of plant protection
drug quality or residues;
- Certificates of practicing the production,
processing, re-bottling, packaging or trading of plant protection drugs,
practicing steam disinfection.
b/ Obstructing and failing to satisfy the
requests of plant protection and plant quarantine officers or specialized plant
protection and quarantine inspectors on duty.
2. A fine of between VND 3,000,000 and 5,000,000
VND for one of the following acts of violation:
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b/ Threatening to use or using force against
plant quarantine and plant protection officers, specialized plant protection
and quarantine inspectors on duty, but not seriously enough to be examined for
penal liability.
3. A fine of between VND 3,000,000 and
10,000,000 for the following act of violation:
Making false declaration in dossiers so as to
apply for the granting of assorted papers specified at Point a, Clause 1 of
this Article.
4. A fine of between VND 10,000,000 and
20,000,000 for the following act of violation:
Forging assorted papers specified at Point a,
Clause 1 of this Article.
5. Additional sanctioning forms and remedial
measures:
Stripping of the right to use permits and/or
practicing certificates, for acts of violation specified at Point a, Clause 2,
and Clause 3 of this Article.
Chapter III
COMPETENCE TO SANCTION
ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF PLANT PROTECTION AND QUARANTINE
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1. The plant protection and quarantine inspectors
on duty shall have the right:
a/ To issue cautions or impose fines of up to
VND 200,000;
b/ To confiscate material evidences and means
used for committing administrative violations, which are valued at up to VND
2,000,000 and apply remedial measures specified at Points a, b and d, Clause 3,
Article 12 of the Ordinance on the Handling of Administrative Violations.
2. The Chief Inspectors of the Plant Protection
Sub-Departments of provinces and centrally-run cities shall have the right:
a/ To issue cautions or impose fines of up to
VND 20,000,000;
b/ To strip of the right to use certificates of
practicing the production, processing, re-bottling, packaging or trading of
plant protection drugs, which are issued by the Plant Protection
Sub-Departments of the provinces and centrally-run cities;
c/ To confiscate material evidences and means
used for committing administrative violations and apply remedial measures
specified at Points a, b and d, Clause 3, Article 12 of the Ordinance on the
Handling of Administrative Violations.
3. The Chief Inspectors of the Plant Protection
Department shall have the right:
a/ To issue cautions or impose fines of up to
VND 30,000,000 VND;
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c/ To confiscate material evidences and means
used for committing administrative violations and apply remedial measures
specified at Points a, b and d, Clause 3, Article 12 of the Ordinance on the
Handling of Administrative Violations.
Article 20.- Sanctioning
competence of the presidents of the People’s Committees of all levels
1. The presidents of the commune-level People’s
Committees shall have the right to issue cautions or impose fines of up to VND
500,000, to confiscate material evidences and means used for committing
administrative violations, which are valued at up to VND 500,000, force the
application of measures to overcome environmental pollution or spread of
epidemics caused by administrative violations, force the destruction of
articles harmful to the health of people, plants and domestic animals.
2. The presidents of the district-level People’s
Committees shall have the right to issue cautions or imposes fines of up to VND
20,000,000, to confiscate evidences and means used for committing
administrative violations and apply remedial measures specified at Points a, b
and d, Clauses 3, Article 12 of the Ordinance on the Handling of Administrative
Violations.
3. The presidents of the provincial-level
People’s Committees shall have the right to issue cautions or impose fines for
acts of administrative violation specified in this Decree.
Article 21.- Sanctioning
competence of other agencies:
Besides the persons specified in Articles 19 and
20 of this Decree, the persons competent to impose sanctions as prescribed in
the Ordinance on the Handling of Administrative Violations, when detecting acts
of administrative violation specified in this Decree that fall within the
domain and scope of their respective management, shall have the right to impose
sanctions according to their respective competence.
Article 22.- Principles
for determining the competence to sanction administrative violations in the
domain of plant protection and quarantine
1. Where an administrative violation comes under
the handling competence of many agencies, it shall be handled by the agency
which is the first to receive the dossier thereof.
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In case of fines, the sanctioning competence
shall be determined on the basis of the maximum level of the fine bracket
prescribed for each specific act of violation.
Where, in addition to fines, remedial measures
of forcing the bringing out of the Vietnamese territory or the re-export of
plant quarantine-liable articles , plant protection drugs and raw materials
thereof, may be applied, the dossiers of the administrative violations must be
transferred to the provincial-level People’s Committee presidents, the
directors of the provincial/municipal Customs Departments or the director of
the Anti-Smuggling Investigation Department under the General Department of
Customs for handling according to the competence specified in Clause 5 of
Article 30, at Point e of Clause 3, Point e of Clause 4, Article 34 of the
Ordinance on the Handling of Administrative Violations.
3. In case of sanctioning one person for
committing many acts of administrative violation, the sanctioning competence
shall be determined on the following principles:
a/ If the sanctioning forms and levels
prescribed for each of such acts all fall under the competence of the
sanctioning person, the sanctioning competence still rests with such person;
b/ If the sanctioning forms and levels
prescribed for each of such acts are beyond the competence of the sanctioning
person, such person must transfer the case of violation to the level competent
to sanction;
c/ If such acts fall under the sanctioning
competence of many persons of different branches, the sanctioning competence
shall rest with the presidents of the People’s Committees of the levels
competent to sanction, of the places where the violations are committed.
Article 23.-
Authorization of the sanctioning of administrative violations
Where the persons competent to handle
administrative violations, who are specified in Articles 19 and 20 of this
Decree, are absent, their authorized deputies shall have the competence to handle
administrative violations and must be responsible for their decisions.
Chapter IV
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Article 24.- Procedures
for sanctioning administrative violations:
1. The procedure and order for sanctioning
against administrative violations in the domain of plant protection and
quarantine shall comply with the provisions of Articles 53, 54, 55, 56, 57 and
58 of the Ordinance on the Handling of Administrative Violations.
2. Organizations and individuals imposed with
fines shall have to pay them at the places specified in the fining decisions
and be entitled to get the fine receipts. In remote and isolated areas, on
rivers or the sea, in areas where travel is difficult or when beyond the
working hours, the sanctioned individuals and organizations may pay fines to
the persons with the sanctioning competence, and they shall be entitled to
refuse to pay fines if they are not given fine receipts
3. Except for cases of cautions or fines of up
to VND 100,000, where the persons competent to sanction administrative
violations shall issue on-spot fining decisions (according to simple
procedures), acts of administrative violation must be recorded in dossiers made
and archived fully at the agencies with the sanctioning competence within the
concurrently prescribed time limits.
4. When applying the forms of confiscation of
material evidences and means involved in administrative violations, the persons
competent to sanction administrative violations shall have to strictly follow
the procedures specified in Article 60 of the Ordinance on the Handling of
Administrative Violations. The disposal of confiscated material evidences and
means involved in administrative violations shall comply with the provisions in
Article 61 of the Ordinance on the Handling of Administrative Violations.
5. The application of the sanctioning form of
stripping of the right to use permits or practicing certificates must comply
with the provisions in Article 59 of the Ordinance on the Handling of
Administrative Violations.
6. The regime of management and use of the
collected fines for administrative violations shall comply with the regulations
of the State.
Article 25.-
Implementation and forcible implementation of decisions on sanctioning
administrative violations
1. Organizations and individuals that are
sanctioned for administrative violations under this Decree shall have to
strictly implement the sanctioning decisions made by the persons with the
sanctioning competence within the time limits specified in Article 64 of the
Ordinance on the Handling of Administrative Violations.
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Article 26.- Application
of measures to prevent administrative violations
1. To prevent in time administrative violations
and ensure the handling of administrative violations in the domain of plant
protection and quarantine, the competent persons may apply measures to prevent
administrative violations in accordance with Article 43 of the Ordinance on the
Handling of Administrative Violations.
2. The competence, order and procedures for the
application of measures to prevent administrative violations and to ensure the
sanctioning of administrative violations in the domain of plant protection and
quarantine shall comply with the provisions of Articles 44, 45, 46, 47, 48 and
49 of the Ordinance on the Handling of Administrative Violations.
Chapter V
COMPLAINTS,
DENUNCIATIONS AND HANDLING OF VIOLATIONS
Article 27.- Complaints
and denunciations
1. Individuals and organizations that are
sanctioned for administrative violations or their lawful representatives may
complain about decisions to sanction administrative violations, decisions to
apply measures to prevent and ensure the handling of administrative violations.
2. Citizens may denounce to competent State
agencies illegal acts committed in the handling of administrative violations in
the domain of plant protection and quarantine.
3. The procedures, order, statute of limitations
for complaints, and time-limits for settling complaints and denunciations shall
comply with the law provisions on complaints and denunciations.
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Individuals and organizations that record
achievements in the prevention and combating of administrative violations in
the domain of plant protection and quarantine shall be commended and/or
rewarded according to the general regime of the State.
It is strictly forbidden to use money collected
from administrative violations or from the sale of confiscated material evidences
and means for rewarding.
Article 29.- Handling
of violations committed by persons competent to sanction administrative
violations
If persons competent to sanction administrative
violations in the domain of plant protection and quarantine commit acts of
harassment for bribes, tolerating or covering up violations, failing to handle,
or handling them not in time, improperly or beyond their vested power,
illegally possessing or using money, goods, material evidences and means
involved in the violations, obstructing the lawful circulation of goods, thus
causing damage to organizations or individuals, they shall, depending on the
nature and seriousness of their violations, be either disciplined or examined
for penal liability; if causing damage, they shall have to pay compensations
therefor in accordance with the law provisions.
Article 30.- Handling
of violations committed by persons sanctioned for administrative violations
If persons sanctioned for administrative violations
commit acts of opposing people on official duty, delaying or shirking the
implementation of sanctioning decisions or other acts, they shall, depending on
the nature and seriousness of their violations, be administratively sanctioned
or examined for penal liability; if causing damage, they shall have to pay
compensations therefor in accordance with the law provisions.
Chapter VI
IMPLEMENTATION PROVISIONS
Article 31.-
Implementation effect
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This Decree replaces the Government’s Decree No.
78/CP of November 29, 1996 on sanctioning administrative violations in the
domain of plant protection and quarantine.
Article 32.- Guidance
and implementation responsibilities
The Minister of Agriculture and Rural
Development shall be responsible for guiding the implementation of this Decree.
The ministers, the heads of the
ministerial-level agencies, the heads of the agencies attached to the
Government and the presidents of the People’s Committees of the provinces and
centrally-run cities shall have to implement this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai