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THE
GOVERNMENT
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THE
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.:
04/2020/ND-CP
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Hanoi, January
03, 2020
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DECREE
AMENDMENTS TO GOVERNMENT’S DECREE NO. 31/2016/ND-CP DATED
MAY 06, 2016 ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON
PLANT VARIETIES, PLANT PROTECTION AND QUARANTINE, AND GOVERNMENT’S DECREE NO.
90/2017/ND-CP DATED JULY 31, 2017 ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS
AGAINST REGULATIONS ON VETERINARY MEDICINE
Pursuant to the Law on Organization of
Government dated June 19, 2015;
Pursuant to the Law on Penalties for
Administrative Violations dated June 20, 2012;
Pursuant to the Law on Plant Protection and
Quarantine dated November 25, 2013;
Pursuant to the Law on Veterinary Medicine
dated June 19, 2015;
Pursuant to the Law on Fisheries dated
November 21, 2017;
At the request of the Minister of Agriculture
and Rural Development;
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Article 1. Amendments to
Government’s Decree No. 31/2016/ND-CP dated May 06, 2016 on penalties for
administrative violations against regulations on plant varieties, plant
protection and quarantine
1. Article 2 is amended as follows:
“Article 2. Entities incurring administrative
penalties
1. Organizations and individuals that commit
administrative violations against regulations on plant varieties, plant
protection and quarantine in the territory of Vietnam.
2. The organizations mentioned in Clause 1 of
this Article include:
a) Regulatory authorities committing violations
which are not related to their assigned state management tasks;
b) Business entities duly established under the
Law on Enterprises, including: sole proprietorships, joint-stock companies,
limited liability companies, partnerships and their affiliates (including
branches and representative offices);
c) Business entities that are duly established
under the Law on Co-operatives, including co-operatives and co-operative
unions;
d) Organizations established under the Law on
Investment, including domestic investors, foreign investors and
foreign-invested business entities; representative offices and branches of
foreign traders in Vietnam; representative offices of foreign trade promotion
organizations in Vietnam;
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e) Public service providers and other
organizations as prescribed by law.
3. Household or individual businesses committing
violations against regulations herein shall incur the same penalties as
violating individuals."
2. Some clauses, points of Article 19 are
amended as follows:
a) Point d is added to Clause 4 Article 19 as
follows:
“4. A fine ranging from VND 3,000,000 to VND
6,000,000 shall be imposed for any of the following violations:
d) Transport of plant quarantine subjects
infected with plant pests from an area infested with the pest to other areas
resulting in the spread of plant pests if causing less than VND 100,000,000 in
property damage.”
b) Clause 5a is added to Article 19 as follows:
“5a. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for transport of plant quarantine subjects infected
with plant pests from an area infested with the pest to other areas resulting
in the spread of plant pests which causes at least VND 100,000,000 in property
damage if there is a decision not to institute criminal proceedings, a decision
on annulment of the decision on institution of criminal proceedings, a decision
to terminate investigation or a decision to dismiss the lawsuit issued by the
presiding agency.”
c) Point b, Point c Clause 6 Article 19 are
amended as follows:
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b) Enforced destruction of plant varieties,
planting materials and plant pests if any of the violations prescribed in
Clause 4, Clause 5 and Clause 5a of this Article is committed;
c) Enforced transfer of benefits illegally
obtained from any of the violations prescribed in Point d Clause 4, Clause 5
and Clause 5a of this Article.”
3. Some clauses, points of Article 20 are
amended as follows:
a) Point d, Point dd are added to Clause 4
Article 20 as follows:
“4. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
d) Carrying plant quarantine subjects into
Vietnam without the Phytosanitary Certificate granted by a competent authority
of the exporting country, except the case where such plant quarantine subjects
are certified by a specialized plant protection and quarantine agency
affiliated to the Ministry of Agriculture and Rural Development;
dd) Failure to comply with law regulations on
plant quarantine when carrying plant quarantine subjects into Vietnam resulting
in the spread of plant pests if causing less than VND 100,000,000 in property
damage.”
b) Point e is added to Clause 5 Article 20 as
follows:
“5. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
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c) Point a, Point b and Point dd Clause 6
Article 20 are amended as follows:
“6. Remedial measures
a) Enforced re-exporting or destruction of plant
quarantine subjects if any of the violations prescribed in Point b Clause 1 and
Point d Clause 5 of this Article is committed;
b) Enforced transport of plant quarantine
subjects out of the territory of Vietnam if committing the violation prescribed
in Point d Clause 4 of this Article three times or more, or committing the
violation prescribed in Point c Clause 2 or Point c Clause 5 of this Article,
or the violation prescribed in Point a Clause 5 of this Article is repeated.
Over the period of 30 days from the date on which a competent regulatory
authority granted decision on penalty imposition, if plant quarantine subjects
are still in the territory of Vietnam, competent persons mentioned in Clause 4
Article 33 of this Decree shall make decision on destruction of such plant
quarantine subjects, except for cases with legitimate reasons;
dd) Enforced treatment of plant quarantine
subjects infected with quarantine plant pests by adopting one of the measures
specified in Clause 2, Clause 3 Article 34 of the 2013 Law on Plant Protection
and Quarantine if any of the violations prescribed in Point dd Clause 4 and
Point dd, Point e Clause 5 of this Article is committed."
4. Some clauses, points of Article 24 are
amended as follows:
a) Clause 4, Clause 5, Clause 6, Clause 7 and
Point c Clause 8 of Article 24 are amended as follows:
“4. A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed for the production of pesticides which are not on
the List of pesticides permitted in Vietnam if the batch is worth less than VND
200,000,000 or the sum of illegal benefits obtained is less than VND
100,000,000, except the cases where the import permit is granted according to
Clause 2 Article 67 of the Law on Plant Protection and Quarantine.
5. A fine ranging from VND 25,000,000 to VND
35,000,000 shall be imposed for the production of pesticides which are on the
List of pesticides banned in Vietnam if total amount of formulated pesticides
is less than 30 kg (or 30 l).
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7. A fine ranging from VND 45,000,000 to VND
50,000,000 shall be imposed for committing one of the following violations:
a) Production of pesticides which are on the
List of pesticides banned in Vietnam with total amount of formulated pesticides
of 50 kg (or 50 l), or more, if there is a decision not to institute criminal
proceedings, a decision on annulment of the decision on institution of criminal
proceedings, a decision to terminate investigation or a decision to dismiss the
lawsuit issued by the presiding agency;
a) Production of pesticides which are not on the
List of pesticides permitted in Vietnam if the production batch is worth VND
200,000,000, or more, or the sum of illegal benefits obtained is VND
100,000,000, or more, except the cases where the import permit is granted
according to Clause 2 Article 67 of the Law on Plant Protection and Quarantine,
and there is a decision not to institute criminal proceedings, a decision on
annulment of the decision on institution of criminal proceedings, a decision to
terminate investigation or a decision to dismiss the lawsuit issued by the presiding
agency.
8. Additional penalties:
c) The Certificate of eligibility to produce
pesticides shall be suspended for 06 – 12 months if any of the violations
prescribed in Clausen 5, Clause 6 and Clause 7 of this Article is
committed."
b) Point d is added to Clause 9 Article 24 as
follows:
“9. Remedial measures
d) Enforced transfer of benefits illegally
obtained from any of the violations prescribed in Clause 4, Clause 5, Clause 6
and Clause 7 of this Article.”
5. Article 25 is amended as follows:
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1. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for committing one of the following violations
against regulations on pesticides trading:
a) Trading pesticides together with other goods
such as foods, foodstuffs, soft drink, cattle feed, aqua feed, medicines,
veterinary drugs;
b) Trading expired or unqualified pesticides or
those whose quality does not meet corresponding technical regulations if the
value of traded pesticides is less than VND 5,000,000;
c) Trading pesticides with an expired
Certificate of eligibility to trade pesticides;
d) Failing to maintain the satisfaction of
conditions for trading of pesticides set forth in Article 63 of the Law on
Plant Protection and Quarantine.
2. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for committing one of the following violations
against regulations on pesticides trading:
a) Trading expired or unqualified pesticides or
those whose quality does not meet corresponding technical regulations if the
value of traded pesticides is from VND 5,000,000 to under VND 15,000,000;
b) Trading pesticides which are on the List of
pesticides banned in Vietnam if total amount of formulated pesticides traded is
less than 3 kg (or 3 l);
c) Trading pesticides without a valid
Certificate of eligibility to trade pesticides;
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3. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for committing one of the following violations
against regulations on pesticides trading:
a) Trading expired or unqualified pesticides or
those whose quality does not meet corresponding technical regulations if the
value of traded pesticides is from VND 15,000,000 to under VND 30,000,000;
b) Trading pesticides which are on the List of
pesticides banned in Vietnam if total amount of formulated pesticides traded is
from 3 kg (or 3 l) to 5 kg (5 l);
c) Trading pesticides which are packed in the
form of glass syringes;
d) Trading pesticides which are used as
fumigants to persons who do not obtain practicing cards for treatment of plant
quarantine subjects, or entities that do not obtain practicing certificates for
treatment of plant quarantine subjects;
dd) Providing instructions for use which are
contrary to those on the labels of pesticides to buyers;
e) Trading pesticides while trading of
pesticides is suspended or certificate of eligibility to trade pesticides is
suspended or revoked;
g) Trading pesticides which are not on the List
of pesticides permitted in Vietnam if the value of traded pesticides is from
VND 5,000,000 to under VND 15,000,000.
4. A fine ranging from VND 10,000,000 to VND
20,000,000 shall be imposed for committing one of the following violations
against regulations on pesticides trading:
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b) Trading pesticides which are on the List of
pesticides banned in Vietnam if total amount of formulated pesticides traded is
from 5 kg (or 5 l) to less than 10 kg (10 l);
c) Trading pesticides which are not on the List
of pesticides permitted in Vietnam if the value of traded pesticides is from
VND 15,000,000 to under VND 30,000,000.
5. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for committing one of the following violations
against regulations on pesticides trading:
a) Trading expired or unqualified pesticides or
those whose quality does not meet corresponding technical regulations if the
value of traded pesticides is from VND 50,000,000 to under VND 100,000,000;
b) Trading pesticides which are on the List of
pesticides banned in Vietnam if total amount of formulated pesticides traded is
from 10 kg (or 10 l) to less than 20 kg (20 l);
c) Trading pesticides which are not on the List
of pesticides permitted in Vietnam if the value of traded pesticides is from
VND 30,000,000 to under VND 50,000,000.
6. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for committing one of the following violations
against regulations on pesticides trading:
a) Trading expired or unqualified pesticides or
those whose quality does not meet corresponding technical regulations if the
value of traded pesticides is from VND 100,000,000 to under VND 200,000,000;
b) Trading pesticides which are on the List of
pesticides banned in Vietnam if total amount of formulated pesticides traded is
from 20 kg (or 20 l) to less than 30 kg (30 l);
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7. A fine ranging from VND 40,000,000 to VND
45,000,000 shall be imposed for committing one of the following violations
against regulations on pesticides trading:
a) Trading expired or unqualified pesticides or
those whose quality does not meet corresponding technical regulations if the
value of traded pesticides is from VND 200,000,000 or higher;
b) Trading pesticides which are on the List of
pesticides banned in Vietnam if total amount of formulated pesticides traded is
from 30 kg (or 30 l) to less than 50 kg (50 l);
c) Trading pesticides which are not on the List
of pesticides permitted in Vietnam if the value of traded pesticides is from
VND 100,000,000 to under VND 200,000,000,
8. A fine ranging from VND 45,000,000 to VND
50,000,000 shall be imposed for committing one of the following violations:
a) Trading pesticides which are on the List of
pesticides banned in Vietnam if total amount of formulated pesticides traded is
50 kg (or 50 l), or more, if there is a decision not to institute criminal
proceedings, a decision on annulment of the decision on institution of criminal
proceedings, a decision to terminate investigation or a decision to dismiss the
lawsuit issued by the presiding agency;
a) Trading pesticides which are not on the List
of pesticides permitted in Vietnam if the value of traded pesticides is VND
200,000,000, or more, or the sum of illegal benefits obtained is VND 100,000,000,
or more, except the cases where the import permit is granted according to
Clause 2 Article 67 of the Law on Plant Protection and Quarantine, and there is
a decision not to institute criminal proceedings, a decision on annulment of
the decision on institution of criminal proceedings, a decision to terminate
investigation or a decision to dismiss the lawsuit issued by the presiding
agency.
9. Additional penalties
a) The Certificate of eligibility to trade
pesticides shall be suspended for 01 – 03 months if any of the violations
prescribed in Point b, Point c Clause 4, Point b, Point c Clause 5 and Point b,
Point c Clause 6 of this Article is committed.
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10. Remedial measures:
a) Enforced recall and return of expired or
unqualified pesticides or those whose quality does not meet corresponding
technical regulations to producers or distributors for destruction or recycling
if any of the violations prescribed in Point b Clause 1, Point a Clause 2,
Point a Clause 3, Point a Clause 4, Point a Clause 5, Point a Clause 6 and
Point a Clause 7 of this Article is committed;
b) Enforced destruction of pesticides which are
on the List of pesticides banned in Vietnam, those which are not on the List of
pesticides permitted in Vietnam and pesticides packed in the form of glass
syringes if any of the violations prescribed in Points b, d Clause 2, Points b,
c, g Clause 3, Points b, c Clause 4, Points b, c Clause 5, Points b, c Clause
6, Points b, c Clause 7 and Clause 8 of this Article is committed.”
6. Some clauses, points of Article 36 are
amended as follows:
a) Heading of Clause 3 Article 36 is amended as
follows:
“3. Directors of Provincial Market Surveillance
Departments and Director of Market Surveillance Operations Department
affiliated to Vietnam Directorate of Market Surveillance shall have the power
to:”
b) Heading of Clause 4 Article 36 is amended as
follows:
“4. Director General of Vietnam Directorate of
Market Surveillance shall have the power to:”
7. Clause 2, Clause 4 and Clause 5 Article 39
are amended as follows:
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2. Competent persons of Customs Authorities
shall have the power to impose penalties for administrative violations, impose
additional penalties and enforce remedial measures for administrative
violations mentioned in Article 8, Points d, dd Article 2 Article 12, Article
17, Point b Clause 4 Article 19, Article 20, Article 22, Article 28 and Article
30 of this Decree within their competence assigned in Article 35 of this Decree
and within the ambit of their assigned functions, duties and powers.
4. Competent persons of Border Guard Forces
shall have the power to impose penalties for administrative violations, impose
additional penalties and enforce remedial measures for administrative
violations mentioned in Article 17, Clause 1 Article 18, Clause 4, Clause 5,
Clause 5a Article 19, Article 20, Article 27, and Clause 6 Article 28 of this
Decree within their competence assigned in Article 37 of this Decree and within
the ambit of their functions, duties and powers.
5. Competent persons of Coast Guard Forces shall
have the power to impose penalties for administrative violations, impose
additional penalties and enforce remedial measures for administrative
violations mentioned in Article 17, Clause 1 Article 18, Clause 4, Clause 5,
Clause 5a Article 19, Article 20, Article 27, and Clause 6 Article 28 of this
Decree within their competence assigned in Article 38 of this Decree and within
the ambit of their functions, duties and powers.”
Article 2. Amendments to
Government’s Decree No. 90/2017/ND-CP dated July 31, 2017 on penalties for
administrative violations against regulations on veterinary medicine
1. Clause 3 and Clause 4 are added to Article 2
as follows:
“3. The organizations mentioned in Clause 1 of
this Article include:
a) Regulatory authorities committing violations
which are not related to their assigned state management tasks;
b) Business entities duly established under the
Law on Enterprises, including: sole proprietorships, joint-stock companies,
limited liability companies, partnerships and their affiliates (including
branches and representative offices);
c) Economic organizations that are duly established
under the Law on Co-operatives, including co-operatives and co-operative
unions;
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dd) Social organizations, socio-political
organizations, socio-political and professional organizations, and
socio-professional organizations;
e) Public service providers and other
organizations as prescribed by law.
4. Household or individual businesses committing
violations against regulations herein shall incur the same penalties as
violating individuals."
2. Some clauses, points of Article 6 are amended
as follows:
a) Clause 5a and Clause 5b are added to Article
6 as follows:
“5a. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed if the commission of the violation in Clause 5 of
this Article causes property damage estimated at less than VND 100,000,000.
5b. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for the commission of the violation in Clause 5 of
this Article which causes property damage estimated at VND 100,000,000, or
more, if there is a decision not to institute criminal proceedings, a decision
on annulment of the decision on institution of criminal proceedings, a decision
to terminate investigation or a decision to dismiss the lawsuit issued by the
presiding agency.”
b) Point b Clause 6 Article 6 is amended as
follows:
“6. Remedial measures
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3. Heading of Clause 2 Article 7 is amended as
follows:
“2. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for committing one of the following violations:
4. Some clauses, points of Article 8 are amended
as follows:
a) Clause 5a and Clause 5b are added to Article
8 as follows:
“5a. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for commission of the violation in Point a Clause 5
of this Article if causing property damage estimated at less than VND
100,000,000.
5b. A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for the commission of the violation in Point a
Clause 5 of this Article which causes property damage estimated at VND
100,000,000, or more, if there is a decision not to institute criminal proceedings,
a decision on annulment of the decision on institution of criminal proceedings,
a decision to terminate investigation or a decision to dismiss the lawsuit
issued by the presiding agency.”
b) Clause 6a and Clause 6b are added to Article
8 as follows:
“6a. A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed if the commission of the violation in Clause 6 of
this Article causes property damage estimated at less than VND 100,000,000.
6b. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for the commission of the violation in Clause 6 of
this Article which causes property damage estimated at VND 100,000,000, or
more, if there is a decision not to institute criminal proceedings, a decision
on annulment of the decision on institution of criminal proceedings, a decision
to terminate investigation or a decision to dismiss the lawsuit issued by the
presiding agency.”
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“7a. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed if the commission of the violation in Clause 7 of
this Article causes property damage estimated at less than VND 100,000,000.
7b. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for the commission of the violation in Clause 7 of
this Article which causes property damage estimated at VND 100,000,000, or
more, if there is a decision not to institute criminal proceedings, a decision
on annulment of the decision on institution of criminal proceedings, a decision
to terminate investigation or a decision to dismiss the lawsuit issued by the
presiding agency.”
d) Point b Clause 8 Article 8 is amended as
follows:
“8. Remedial measures:
b) Enforced destruction of animals and/or animal
products if any of the violations prescribed in Point a and Point dd Clause 4,
Clause 5, Clause 5a, Clause 5b, Clause 6, Clause 6a, Clause 6b, Clause 7,
Clause 7a and Clause 7b of this Article is committed.”
5. Some Points of Clause 3 Article 12 are
amended as follows:
a) Point a Clause 3 Article 12 is amended as
follows:
“a) Enforced quarantine of aquatic animals
and/or products thereof if the violation prescribed in Point a Clause 2 (except
aquatic breeds), or Clause 1 of this Article is committed;”
b) Point c is added to Clause 3 Article 12 as
follows:
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6. Some Clauses and Points of Article 15 are
amended as follows:
a) Clause 2 Article 15 is amended as follows:
“2. A fine ranging from VND 6,000,000 to VND
7,000,000 shall be imposed for committing one of the following violations:
a) Transporting imported animals/ animal
products, which are used for processing of exports, to a processing facility
other than the registered one;
b) Importing animal products which will be used
as foods but whose labels do not contain the name and code of the manufacturer
according to the list of enterprises eligible to export animal products to
Vietnam;
c) Importing animal products which will be used
as foods but whose labels contain the name and code of the manufacturer which
is not included in the list of enterprises eligible to export animal products
to Vietnam;
d) Importing animal products which will be used
as foods but whose labels contain the manufacturer's name and code other than
those specified in the Health Certificate issued by a competent authority of
the exporting country.”
b) Clause 6a is added to Article 15 as follows:
“6a. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed upon a person entering or transiting the territory
of Vietnam for carrying fresh, prepared or processed animal products from a
country or territory that is facing a dangerous disease on that type of
animals.”
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“7. A fine ranging from 10% to 15% of the
shipment’s value but not exceeding VND 50 million shall be imposed for
committing one of the following violations:
c) Importing animal products whose smell is
changed or which are discolored or infested by insects, or do not meet
veterinary hygiene requirements.”
d) Clause 10 Article 15 is amended as follows:
“10. The following fines shall be imposed for
transporting animal specimens and pathogens into the territory of Vietnam
without obtaining the permission of a competent veterinary authority:
a) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed if the act of violation does not cause any property
damage;
b) A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed if the act of violation causes property damage
estimated at less than VND 100,000,000;
c) A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for the commission of the violation which causes
property damage estimated at VND 100,000,000, or more, if there is a decision
not to institute criminal proceedings, a decision on annulment of the decision
on institution of criminal proceedings, a decision to terminate investigation
or a decision to dismiss the lawsuit issued by the presiding agency.”
dd) Point b, Point c and Point e Clause 11
Article 15 are amended as follows:
“11. Remedial measures:
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c) Enforced re-export of animals/animal products
if the violation prescribed in Point b Clause 3 or Point d Clause 5 of this
Article is committed;
e) Enforced re-export or destruction of animals,
animal products or pathological specimens if any of the violations prescribed
in Clause 6, Point c Clause 7, Clause 8, Clause 9 and Clause 10 of this Article
is committed.”
7. Clause 5 Article 17 is amended as follows:
“5. Remedial measures:
a) Enforced quarantine of animals/animal
products if the violation prescribed in Clause 3 of this Article is committed
(except aquatic breeds);
b) Enforced destruction of animals/ animal
products which are aquatic breeds or which are undergone the quarantine process
and discovered to be infected with animal diseases or to carry dangerous
infectious disease pathogens on the List of animal diseases subject to outbreak
declaration if the violation prescribed in Clause 3 of this Article is committed.”
8. Some Clauses and Points of Article 20 are
amended as follows:
a) Clause 10 Article 20 is amended as follows:
“10. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for transport, trading, storage or slaughter of animals,
which have administered the tranquilizer inconsistently with the instructions
of drug manufacturer or the competent veterinary authority, to use as food.”
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“12. Additional penalties:
b) Operation of the violating entity shall be
suspended for 01 – 03 months if any of the violations prescribed in Clause 7,
Clause 8 and Clause 9 of this Article is committed;”
c) Point c Clause 13 Article 20 is amended as
follows:
“13. Remedial measures:
c) Enforced destruction of animals/ animal
products if any of the violations prescribed in Clause 5, Clause 9, Clause 10
and Clause 11 of this Article is committed.”
9. Some Clauses of Article 33 are amended as
follows:
a) Clause 7 Article 33 is amended as follows:
“7. The following fines shall be imposed for
manufacturing each type of veterinary drugs which are not on the List of
veterinary drugs permitted to be sold in Vietnam or which is not yet approved
by competent authorities:
a) A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed for manufacturing each type of veterinary drugs
which are not on the List of veterinary drugs permitted to be sold in Vietnam
or which is not yet approved by competent authorities if the batch is worth
less than VND 200,000,000 or the sum of illegal benefits obtained is less than
VND 100,000,000;
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b) Clause 8 Article 33 is amended as follows:
“8. The following fines shall be imposed for
manufacturing each type of veterinary drugs which are on the List of veterinary
drugs banned in Vietnam:
a) A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for manufacturing each type of veterinary drugs which
are on the List of veterinary drugs banned in Vietnam if the batch is worth
less than VND 100,000,000 or the sum of illegal benefits obtained is less than
VND 50,000,000;
b) A fine ranging from VND 50,000,000 to VND
60,000,000 shall be imposed for manufacturing each type of veterinary drugs
which are on the List of veterinary drugs banned in Vietnam if the batch is
worth VND 100,000,000, or more, or the sum of illegal benefits obtained is VND
50,000,000, or more, and there is a decision not to institute criminal
proceedings, a decision on annulment of the decision on institution of criminal
proceedings, a decision to terminate investigation or a decision to dismiss the
lawsuit issued by the presiding agency.”
c) Point c is added to Clause 10 Article 33 as
follows:
“10. Remedial measures:
c) Enforced transfer of benefits illegally
obtained from the administrative violation prescribed in Clause 7 and Clause 8
of this Article.”
10. Some Clauses, Points of Article 36 are
amended as follows:
a) Clause 3 Article 36 is amended as follows:
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a) A fine ranging from VND 10,000,000 to VND
12,000,000 shall be imposed for trading each type of veterinary drugs which are
not on the List of veterinary drugs permitted to be sold in Vietnam or which is
not yet approved by competent authorities if the value of veterinary drugs sold
is worth less than VND 200,000,000 or the sum of illegal benefits obtained is
less than VND 100,000,000;
b) A fine ranging from VND 12,000,000 to VND
15,000,000 shall be imposed for trading each type of veterinary drugs which are
not on the List of veterinary drugs permitted to be sold in Vietnam or which is
not yet approved by competent authorities if the value of veterinary drugs sold
is VND 200,000,000, or more, or the sum of illegal benefits obtained is VND
100,000,000, or more, and there is a decision not to institute criminal
proceedings, a decision on annulment of the decision on institution of criminal
proceedings, a decision to terminate investigation or a decision to dismiss the
lawsuit issued by the presiding agency.”
b) Clause 5 Article 36 is amended as follows:
“5. The following fines shall be imposed for
trading each type of veterinary drugs which are on the List of veterinary drugs
banned in Vietnam:
a) A fine ranging from VND 25,000,000 to VND
30,000,000 shall be imposed for trading each type of veterinary drugs which are
on the List of veterinary drugs banned in Vietnam if the value of veterinary
drugs sold is worth less than VND 100,000,000 or the sum of illegal benefits
obtained is less than VND 50,000,000;
b) A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for trading each type of veterinary drugs which are
on the List of veterinary drugs banned in Vietnam if the value of veterinary
drugs sold is VND 100,000,000, or more, or the sum of illegal benefits obtained
is VND 50,000,000, or more, and there is a decision not to institute criminal
proceedings, a decision on annulment of the decision on institution of criminal
proceedings, a decision to terminate investigation or a decision to dismiss the
lawsuit issued by the presiding agency.”
c) Point d is added to Clause 7 Article 36 as
follows:
“10. Remedial measures:
d) Enforced transfer of benefits illegally
obtained from the administrative violation prescribed in Clause 3 and Clause 5
of this Article.”
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a) Heading of Clause 3 Article 49 is amended as
follows:
“3. Directors of Provincial Market Surveillance
Departments and Director of Market Surveillance Operations Department
affiliated to Vietnam Directorate of Market Surveillance shall have the power
to:”
b) Heading of Clause 4 Article 49 is amended as
follows:
“4. Director General of Vietnam Directorate of
Market Surveillance shall have the power to:”
12. Article 50 is amended as follows:
“Article 50. Determination of power to impose
penalties of People’s Public Security Forces, Border Guard Forces, Coast Guard
Forces, Customs Authorities and Market Surveillance Units
1. Competent persons of People’s Public Security
Forces shall have the power to impose penalties for administrative violations,
impose additional penalties and enforce remedial measures for administrative
violations against regulations on veterinary medicine mentioned Clause 6,
Clause 7, Clause 8 Article 5; Clause 3, Clause 4, Clause 5, Clause 5a, Clause
5b Article 6; Point b Clause 2, Point a Clause 7 Article 7; Clause 3, Clause 4,
Clause 5, Clause 5a, Clause 5b, Clause 6, Clause 6a, Clause 6b, Clause 7,
Clause 7a, Clause 7b Article 8; Point b Clause 1, Clause 2, Clause 4 Article
11; Clause 2 Article 12; Article 17; Clause 4, Clause 5, Clause 6, Clause 7,
Clause 8, Clause 9, Clause 10, Clause 11 Article 20; Article 21; Article 22;
Article 23; Article 27; Clause 7, Clause 8 Article 33; Clause 3, Clause 4,
Clause 5 Article 36 of this Decree within the ambit of their assigned
functions, duties and powers.
2. Competent persons of Border Guard Forces
shall have the power to impose penalties for administrative violations, impose
additional penalties and enforce remedial measures for administrative
violations against regulations on veterinary medicine mentioned in Clause 6
Article 5; Clause 3, Clause 4, Clause 5, Clause 5a, Clause 5b Article 6; Point
b Clause 4, Clause 5, Clause 5a, Clause 5b, Clause 6, Clause 6a, Clause 6b,
Clause 7, Clause 7a, Clause 7b Article 8; Article 14; Clause 1, Clause 3,
Clause 4, Clause 5, Clause 6, Clause 6a, Clause 7, Clause 8, Clause 9, Clause
10 Article 15; Article 16; Article 18; Article 19; Clause 2 Article 37; Clause
3 Article 38 of this Decree within the ambit of assigned functions, tasks and
power.
3. Competent persons of Coast Guard Forces shall
have the power to impose penalties for administrative violations, impose
additional penalties and enforce remedial measures for administrative
violations against regulations on veterinary medicine committed within the
territorial waters and continental shelf of the Socialist Republic of Vietnam
as mentioned in Clause 6 Article 5; Clause 3, Clause 5, Clause 5a, Clause 5b
Article 6; Clause 5, Clause 5a, Clause 5b, Clause 6, Clause 6a, Clause 7,
Clause 7a, Clause 7b Article 8; Clause 2, Clause 3, Clause 4 Article 11;
Article 12; Article 13; Article 14; Point a Clause 1, Point a, Point b
Clause 3, Clause 5, Clause 6, Clause 6a, Clause 7, Clause 8, Clause 9, Clause
10 Article 15; Article 16; Article 17; Article 18; Article 19; Clause 2 Article
37; Clause 3 Article 38 of this Decree within the ambit of assigned functions,
tasks and power.
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5. Competent persons of Market Surveillance
Units shall have the power to impose penalties for administrative violations,
impose additional penalties and enforce remedial measures for administrative
violations against regulations on veterinary medicine mentioned in Clause 6,
Clause 7, Clause 8 Article 5; Clause 3, Clause 4, Clause 5, Clause 5a, Clause
5b Article 6; Clause 5, Clause 7 Article 7; Article 8; Article 11; Article 12;
Article 17; Clause 2, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause
9, Clause 10, Clause 11 Article 20; Article 21; Article 22; Article 23; Article
24; Article 25; Article 26; Article 27; Article 34; Article 35; Article 36;
Article 40; Clause 2, Clause 3 Article 42 of this Decree within the ambit of
their assigned functions, tasks and power.
Article 3.
1. Point b Clause 2
Article 19, Point b Clause 2 Article 20 of the Government’s Decree No.
31/2016/ND-CP dated May 06, 2016 are abrogated.
2. Point d Clause 13 Article 20 of the
Government’s Decree No. 90/2017/ND-CP dated July 31, 2017 is abrogated.
3. In the Government’s Decree No. 90/2017/ND-CP
dated July 31, 2017, the phrase “thức ăn chăn nuôi” (“cattle feed”) in Clause 6
Article 15 shall be replaced by the phrase "thức ăn chăn nuôi, thức ăn thủy
sản" ("cattle feed, aquatic feed"); the phrase “chăn nuôi”
(“animal husbandry”) in Point a Clause 9, Clause 11 Article 20 shall be
replaced by the phrase “chăn nuôi, nuôi trồng thủy sản” (“animal husbandry,
aquaculture”).
Article 4. Effect
This Decree comes into force from February 18,
2020.
Article 5. Transition
Administrative violations committed before this
Decree takes effect and discovered afterwards or under consideration shall be
handled in accordance with regulations that are advantageous to the
organizations and individuals at fault.
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Ministers, heads of ministerial-level agencies,
heads of Governmental agencies, Chairpersons of the People’s Committees of
provinces and central-affiliated cities shall instruct and implement this
Decree./.
ON BEHALF OF
THE GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc