THE
GOVERNMENT
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|
THE
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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|
No.:
07/2022/ND-CP
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Hanoi,
January 10, 2022
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DECREE
PROVIDING
AMENDMENTS TO DECREES ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS
ON FORESTRY, PLANT PROTECTION AND QUARANTINE, VETERINARY
MEDICINE AND ANIMAL HUSBANDRY
Pursuant to the Law on Government
Organization dated June 19, 2015; the Law on amendments to the Law on
Government Organization and the Law on Organization of Local Governments dated
November 22, 2019;
Pursuant to the Law on penalties
for administrative violations dated June 20, 2012 and the Law on amendments to
the Law on penalties for administrative violations dated November 13, 2020;
Pursuant to the Law on forestry
dated November 15, 2017;
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 animal
husbandry dated November 19, 2018;
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The Government promulgates
a Decree providing amendments to decrees on penalties for
administrative violations against regulations on forestry, plant protection and
quarantine, veterinary medicine and animal husbandry.
Article 1.
Amendments to Government’s Decree No. 35/2019/ND-CP dated April 25, 2019
1. Some Clauses of Article 3 are
amended as follows:
a) Clause 3 is amended as
follows:
“3. Products of forest animals;
endangered, rare and precious animals that need protection; animals of in the
lists of Group-IB or Group-IIB endangered, rare and precious forest plants and
animals, animals in annexes to the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (hereinafter referred to as
“CITES”); and other terrestrial wild animals are products
originating from such animals whether or not prepared or processed.”
b) Clause 5 is amended as follows:
“5. Exhibits and
instrumentalities for committing administratvie violations include:
a) Exhibits: forest products;
endangered, rare and precious plants and animals that need protection; plants
and animals in lists of endangered, rare and precious forest plants and
animals; endangered and wild plants and animals in CITES annexes; other terrestrial wild animals; body parts and products of animals
specified in this Clause, whether or not prepared or
processed; products made from timber of plant species specified in this Clause;
forest tree cultivars.
b) Instrumentalities: road vehicles, rudimentary road vehicles, inland waterway vehicles,
rudimentary waterway vehicles and other vehicles, devices and instruments used
for committing administrative violations.”
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“8. Other
terrestrial wild animals are species specified in Point dd Clause 29 Article
3 of the Government’s Decree No. 06/2019/ND-CP
dated January 22, 2019 as amended in Clause 4 Article 1 of the Government's Decree No. 84/2021/ND-CP dated September 22, 2021.”
2. Some Clauses of Article 4 are
amended as follows:
a) Point b and Point k Clause 3 are amended as follows:
“b) Enforced demolition of
buildings or structures which have been built without the license or
inconsistently with the license;
k) Enforced destruction of forest
tree cultivar lots;”
b) Clause 4 is added as
follows:
“4. In case the entities
committing the violations in Article 17 and Article 20 of this Decree cannot be
determined, remedial measures which are bio-forestry measures prescribed in Point
a or Point d Clause 1 Article 45 of the Law on forestry shall be adopted for
forest restoration.”
3. Clause 1 Article 5 is amended as
follows:
“1. Forest area or immature
forest area is calculated by square meter (m2)
or hectare (ha).”
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a) Clause 4a is added following
Clause 4 as follows:
“4a. Entities committing
the violations involving other terrestrial wild animals or
endangered wild animals in CITES Annex III shall face the same penalties as those
for violations involving forest animals of common species.
If a violation involves other terrestrial
wild animals worth VND 300.000.000 or more, the maximum
fine for violations involving common species of animals, additional penalties
and remedial measures corresponding to that fine shall be
imposed.”
b) Clause 5 is amended as follows:
“5. Corresponding fines,
additional penalties and remedial measures shall be imposed for cases of
violation which have been handled, considered and transferred from criminal
proceeding agencies according to Article 63 of the Law on penalties for
administrative violations according to the nature, severity, consequences,
violating entity and aggravating/mitigating factors of
each violation.
If the consequence arising from the violation
exceeds that of the highest fine in the fine bracket for that violation, the
highest fine and corresponding additional penalties and remedial
measures shall be imposed for that violation.
In case the exhibits of violation are
animals, body parts and products of animals in lists of
endangered, rare and precious animals that need
protection, they shall be treated as forest animals in
list of Group-IB endangered, rare and
precious forest plants and animals.”
c) Clause 10 is added as follows:
“10. Persons performing
forest management and protection tasks and ensuring the compliance with the Law
on forestry shall determine and specify the impacted or damaged forest scope,
boundaries and area or immature forest area in administrative violation records.
During consideration and imposition of penalties, the person competent to
impose penalties may solicit expertise for determining impacted or damaged
forest area or immature forest area. Solicitation of expertise may be carried
out in accordance with regulations of law on expertise.”
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“2. The following penalties
shall be imposed for failing to make statement, or
making inaccurate or late statement of amounts payable for forest
environmental services in case of indirect payment:”
6. Some Clauses of Article 13 are
amended as follows:
a) Clause 7 is amended as follows:
“7. A forest owner who has the
forest allocated or leased by the State for management, protection or
use as prescribed by law but fails to fulfill or partially fulfills obligations to manage,
protect, develop and use forest according to regulations on forest management resulting in
illegal forest harvesting acts shall incur corresponding penalties in Clause 1
or Point a Clause 4 of this Article.”
b) Point b Clause 8 is amended as
follows:
“b) Rudimentary road
vehicles and other devices and instruments used for committing administrative
violations in Clause 1, Clause 2, Clause 3, Clause 4, Clause 5
and Clause 6 of this Article shall be confiscated;”.
7. Article 14 is amended as follows:
“Article 14.
Violations against regulations on management of forest tree cultivars
1. A fine ranging from VND 500.000 to
VND 1.000.000 shall be imposed for
the commission of one of the following violations:
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b) Failing to send notice or sending a notice that
does not contain adequate information as prescribed before producing/trading
forest tree cultivars.
2. A fine ranging from VND 1.000.000
to VND 5.000.000 shall be imposed for commission of one of the following
violations:
a) Failing to use the exact name of forest tree
cultivar written in the decision on forest tree cultivar recognition issued by
a competent authority;
b) Failing to prepare and retain documents on
forest tree cultivars as prescribed or preparing and retaining documents on
forest tree cultivars which are inadequate or inconsistent with
actual state;
c) Failing to comply with methods and contents of
testing for forest tree cultivars as prescribed.
3. A fine ranging from VND 10.000.000
to VND 20.000.000 shall be imposed for commission of one of the following
violations:
a) Conducting testing for forest tree cultivars
without satisfying conditions for forest tree cultivar testing facility as
prescribed;
b) Producing forest tree cultivars without
satisfying conditions for forest tree cultivar producer as prescribed;
c) Failing to establish a lawful trading location
when trading forest tree cultivars.
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a) A fine ranging from VND 1.000.000
to VND 5.000.000 shall be imposed if the violation involving forest tree
cultivar lot worth less than VND 10.000.000;
b) A fine ranging from VND 5.000.000
to VND 10.000.000 shall be imposed if
the violation involving forest tree cultivar lot worth
from VND 10.000.000 to under VND 20.000.000;
c) A fine ranging from VND 10.000.000
to VND 15.000.000 shall be imposed if the violation involving forest
tree cultivar lot worth from VND 20.000.000
to under VND 30.000.000;
d) A fine ranging from VND 15.000.000
to VND 20.000.000 shall be imposed if the violation involving forest
tree cultivar lot worth from VND 30.000.000
to VND 40.000.000;
dd) A fine ranging from VND
20.000.000 to VND 25.000.000 shall be imposed if the violation involving
forest tree cultivar lot worth from VND 40.000.000
to under VND 60.000.000;
e) A fine ranging from VND 25.000.000
to VND 30.000.000 shall be imposed if the violation involving forest
tree cultivar lot worth from VND 60.000.000
to under VND 80.000.000;
g) A fine ranging from VND 30.000.000
to VND 35.000.000 shall be imposed if the violation involving forest
tree cultivar lot worth from VND 80.000.000
to under VND 100.000.000;
h) A fine ranging from VND 35.000.000
to VND 40.000.000 shall be imposed if the violating involving forest tree
cultivar lot worth VND 100.000.000 or more.
5. Remedial measure:
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8. Article 15 is amended as follows:
“Article 15.
Violations against regulations on alternative afforestation
The following penalties shall be
imposed for delaying the alternative afforestation under the plan approved by a competent authority:
1. Delaying the alternative
afforestation with an area of < 01 ha:
a) A fine ranging from VND 1.000.000
to VND 3.000.000 shall be imposed for delaying the alternative afforestation
for 01 to under 02 years;
b) A fine ranging from VND 3.000.000
to VND 5.000.000 shall be imposed for delaying the alternative afforestation
for 02 to under 03 years;
c) A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for
delaying the alternative afforestation for 03 years or longer.
2. Delaying the alternative
afforestation with an area of from 01 to under 03 ha:
a) A fine ranging from VND 10.000.000
to VND 15.000.000 shall be imposed for delaying the alternative afforestation
for 01 to under 02 years;
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c) A fine ranging from VND 20.000.000
to VND 30.000.000 shall be imposed for delaying the alternative afforestation
for 03 years or longer.
3. Delaying the alternative
afforestation with an area of from 03 to under 05 ha:
a) A fine ranging from VND 30.000.000
to VND 35.000.000 shall be imposed for delaying the alternative afforestation
for 01 to under 02 years;
b) A fine ranging from VND 35.000.000
to VND 40.000.000 shall be imposed for delaying the alternative afforestation
for 02 to under 03 years;
c) A fine ranging from VND 40.000.000
to VND 50.000.000 shall be imposed for delaying the alternative afforestation
for 03 years or longer.
4. Delaying the alternative
afforestation with an area of from 05 to under 07 ha:
a) A fine ranging from VND 50.000.000
to VND 55.000.000 shall be imposed for delaying the alternative afforestation
for 01 to under 02 years;
b) A fine ranging from VND 55.000.000
to VND 60.000.000 shall be imposed for delaying the alternative afforestation
for 02 to under 03 years;
c) A fine ranging from VND 60.000.000
to VND 70.000.000 shall be imposed for delaying the alternative afforestation
for 03 years or longer.
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a) A fine ranging from VND 70.000.000
to VND 75.000.000 shall be imposed for delaying the alternative afforestation
for 01 to under 02 years;
b) A fine ranging from VND 75.000.000
to VND 80.000.000 shall be imposed for delaying the alternative afforestation
for 02 to under 03 years;
c) A fine ranging from VND 80.000.000
to VND 90.000.000 shall be imposed for delaying the alternative afforestation
for 03 years or longer.
6. Delaying the alternative
afforestation with an area of from 10 to under 15 ha:
a) A fine ranging from VND 90.000.000
to VND 95.000.000 shall be imposed for delaying the alternative afforestation
for 01 to under 02 years;
b) A fine ranging from VND 95.000.000
to VND 100.000.000 shall be imposed for delaying the alternative afforestation
for 02 to under 03 years;
c) A fine ranging from VND
100.000.000 to VND 115.000.000 shall be imposed for delaying the alternative
afforestation for 03 years or longer.
7. Delaying the alternative
afforestation with an area of from 15 to under 20 ha:
a) A fine ranging from VND
115.000.000 to VND 120.000.000 shall be imposed for delaying the alternative
afforestation for 01 to under 02 years;
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c) A fine ranging from VND
125.000.000 to VND 140.000.000 shall be imposed for delaying the alternative
afforestation for 03 years or longer.
8. Delaying the alternative
afforestation with an area of from 20 to under 25 ha:
a) A fine ranging from VND
140.000.000 to VND 145.000.000 shall be imposed for delaying the alternative
afforestation for 01 to under 02 years;
b) A fine ranging from VND 145.000.000
to VND 150.000.000 shall be imposed for delaying the alternative afforestation
for 02 to under 03 years;
c) A fine ranging from VND
150.000.000 to VND 165.000.000 shall be imposed for delaying the alternative
afforestation for 03 years or longer.
9. Delaying the alternative
afforestation with an area of from 25 to under 30 ha:
a) A fine ranging from VND
165.000.000 to VND 170.000.000 shall be imposed for delaying the alternative
afforestation for 01 to under 02 years;
b) A fine ranging from VND 170.000.000
to VND 175.000.000 shall be imposed for delaying the alternative afforestation
for 02 to under 03 years;
c) A fine ranging from VND
175.000.000 to VND 190.000.000 shall be imposed for delaying the alternative
afforestation for 03 years or longer.
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a) A fine ranging from VND
190.000.000 to VND 195.000.000 shall be imposed for delaying the alternative
afforestation for 01 to under 02 years;
b) A fine ranging from VND
195.000.000 to VND 200.000.000 shall be imposed for delaying the alternative
afforestation for 02 to under 03 years;
c) A fine ranging from VND
200.000.000 to VND 215.000.000 shall be imposed for delaying the alternative
afforestation for 03 years or longer.
11. Delaying the alternative
afforestation with an area of from 35 to under 40 ha:
a) A fine ranging from VND
215.000.000 to VND 220.000.000 shall be imposed for delaying the alternative
afforestation for 01 to under 02 years;
b) A fine ranging from VND
220.000.000 to VND 225.000.000 shall be imposed for delaying the alternative
afforestation for 02 to under 03 years;
c) A fine ranging from VND
225.000.000 to VND 240.000.000 shall be imposed for delaying the alternative
afforestation for 03 years or longer.
12. Delaying the alternative
afforestation with an area of from 40 to under 45 ha:
a) A fine ranging from VND
240.000.000 to VND 245.000.000 shall be imposed for delaying the alternative
afforestation for 01 to under 02 years;
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c) A fine ranging from VND
250.000.000 to VND 265.000.000 shall be imposed for delaying the alternative
afforestation for 03 years or longer.
13. Delaying the alternative
afforestation with an area of from 45 to under 50 ha:
a) A fine ranging from VND
265.000.000 to VND 270.000.000 shall be imposed for delaying the alternative
afforestation for 01 to under 02 years;
b) A fine ranging from VND
270.000.000 to VND 275.000.000 shall be imposed for delaying the alternative
afforestation for 02 to under 03 years;
c) A fine ranging from VND
275.000.000 to VND 290.000.000 shall be imposed for delaying the alternative
afforestation for 03 years or longer.
14. Delaying the alternative
afforestation with an area of from 50 to under 60 ha:
a) A fine ranging from VND
290.000.000 to VND 300.000.000 shall be imposed for delaying the alternative
afforestation for 01 to under 02 years;
b) A fine ranging from VND
300.000.000 to VND 310.000.000 shall be imposed for delaying the alternative
afforestation for 02 to under 03 years;
c) A fine ranging from VND
310.000.000 to VND 325.000.000 shall be imposed for delaying the alternative afforestation
for 03 years or longer.
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a) A fine ranging from VND
325.000.000 to VND 335.000.000 shall be imposed for delaying the alternative
afforestation for 01 to under 02 years;
b) A fine ranging from VND
335.000.000 to VND 345.000.000 shall be imposed for delaying the alternative
afforestation for 02 to under 03 years;
c) A fine ranging from VND
345.000.000 to VND 360.000.000 shall be imposed for delaying the alternative
afforestation for 03 years or longer.
16. Delaying the alternative
afforestation with an area of from 70 to under 80 ha:
a) A fine ranging from VND
360.000.000 to VND 370.000.000 shall be imposed for delaying the alternative
afforestation for 01 to under 02 years;
b) A fine ranging from VND
370.000.000 to VND 380.000.000 shall be imposed for delaying the alternative
afforestation for 02 to under 03 years;
c) A fine ranging from VND
380.000.000 to VND 395.000.000 shall be imposed for delaying the alternative
afforestation for 03 years or longer.
17. Delaying the alternative
afforestation with an area of from 80 to under 90 ha:
a) A fine ranging from VND
395.000.000 to VND 405.000.000 shall be imposed for delaying the alternative
afforestation for 01 to under 02 years;
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c) A fine ranging from VND
415.000.000 to VND 430.000.000 shall be imposed for delaying the alternative
afforestation for 03 years or longer.
18. Delaying the alternative
afforestation with an area of from 90 to under 100 ha:
a) A fine ranging from VND
430.000.000 to VND 440.000.000 shall be imposed for delaying the alternative
afforestation for 01 to under 02 years;
b) A fine ranging from VND
440.000.000 to VND 450.000.000 shall be imposed for delaying the alternative
afforestation for 02 to under 03 years;
c) A fine ranging from VND
450.000.000 to VND 465.000.000 shall be imposed for delaying the alternative
afforestation for 03 years or longer.
19. Delaying the alternative
afforestation with an area of 100 ha or more:
a) A fine ranging from VND
465.000.000 to VND 475.000.000 shall be imposed for delaying the alternative
afforestation for 01 to under 02 years;
b) A fine ranging from VND
475.000.000 to VND 485.000.000 shall be imposed for delaying the alternative
afforestation for 02 to under 03 years;
c) A fine ranging from VND
485.000.000 to VND 500.000.000 shall be imposed for delaying the alternative afforestation
for 03 years or longer.”
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a) Point a Clause 1 is amended as
follows:
“a) The forest owner fails to
submit reports, or fails to submit reports within the prescribed time
limit, on changes in forest areas to competent authorities as prescribed by law;”
b) Clause 3 is amended as follows:
“3. A fine ranging from VND
500.000 to VND 1.000.000 shall be imposed for commission of one of the
following violations:
a) Bringing devices and tools to natural forest
that is production forest or protective forest without permission from the
forest owner;
b) Bringing toxic chemicals, explosives or
flammable substances to protective forests inconsistently with regulations of
law or pasturing cattle, poultry or other domestic animals
in production or protective forest area which is newly planted and requires
care;
c) Setting up camps or tents in production forest
or protective forest without permission from the forest owner;
d) The forest owner fails to reforest
in the next planting season after clearcutting of a forest
area of from 01 ha to under 03 ha.”
c) Clause 4 is amended as follows:
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a) Organizing scientific research,
education or training activities or collection of specimens/genetic resources
in a forest without permission from the forest owner;
b) Bringing devices and tools
to or setting up camps or tents in a reserve forest without
permission from the forest owner;
c) Bringing toxic chemicals, explosives or
flammable substances or pasturing cattle, poultry or other domestic
animals in the strictly protected sub-zone or newly planted area which requires
care of a reserve forest;
d) Carrying out advertising for trading forest
plants, forest animals and their products inconsistently with law in respect of
species which are not specified in Annex III to the Law on investment;
dd) The forest owner fails to
reforest in the next planting season after clearcutting of a forest area of
from 03 ha to under 10 ha.”
d) Point g Clause
5 is abrogated.
dd) Point a, Point b Clause 9 are amended as follows:
"9.
Remedial measures:
a) The entity committing the violation in Point c
Clause 3 or Point b Clause 4 of this Article is compelled to restore the
original condition which is changed due to the acts of setting up camps or
tents in production forest, protective forest or reserve forest;
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10. Clause 11 is added to Article 17
as follows:
“11. If the entities
committing the violations in Clauses 1, 2, 3, 4, 5, 6, 7
and 8 of this Article cannot be determined, Communal-level People’s Committees
in charge of managing and protecting forest areas allocated or leased by the
State or forest owners whose forest areas are damaged shall cooperate with
authorities where persons competent to issue decisions to enforce remedial measures are working to organize the implementation of
the remedial measures specified in Point c Clause 3 and
Clause 4 Article 4 of this Decree.”
11. Some Clauses of Article 20 are
amended as follows:
a) Point d Clause 4 is amended as
follows:
“d) The violation involves the
reserve forest with an area of from 300 m2 to under 400 m2;”
b) Clause 11 is amended as follows:
“11. In case of starving
trees, drilling into the tree’s trunk, killing trees by injecting chemicals,
grinding stumps or pouring chemicals into the root zone of trees with the aims
of adversely affecting the growth of forest trees, a fine of VND 200.000 shall
be imposed for each tree with a diameter of 8 cm or more (measured at a height
of 1.3 m) provided that total fine imposed for this violation shall not exceed
VND 200.000.000; or a fine of VND 100.000
shall be imposed for each tree with a diameter of < 8 cm (measured at a
height of 1.3 m) provided that total fine imposed for this violation shall not
exceed VND 100.000.000.”
c) Clause 12 is amended as follows:
“12. A forest owner who has the
forest allocated or leased by the State for management, protection or
use as prescribed by law but fails to fulfill or partially fulfills obligations to manage,
protect, develop and use forest according to regulations on forest management resulting in
illegal forest harvesting acts shall incur penalties as prescribed in Point b Clause 1 or Point
b Clause 2 or Point b Clause
3 or Point b Clause 4 or Point b Clause 5 or Point
b Clause 6 or Point b Clause
7 or Point b Clause 8 or Point b Clause 9 or Point
b Clause 10 of this Article.”
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"14.
Remedial measures:
The entities committing the violations in Clauses 1
through 10 of this Article shall be liable to the following remedial
measures:
a) Enforced restoration of the original condition
in case of acts of digging, excavating, blasting, damming or preventing water
flows which cause damage to forests;
b) Enforced implementation of
measures for control of environmental pollution and prevention of the spread of
epidemics in case of discharging of toxic chemicals causing damage to
forests;
c) Enforced return of benefits
illegally obtained from the commission of the administrative violations;
d) Enforced reforestation or payment
of reforestation costs equivalent to the standard
afforestation investment applied by local government at
the time of committing administrative violations.”
dd) Clause 15 is added as follows:
“15. If
the entities committing the violations in Clauses 1 through 10 of this Article cannot be determined, Communal-level People’s Committees
in charge of managing and protecting forest areas allocated or leased by the
State or forest owners whose forest areas are damaged shall cooperate with
authorities where persons competent to issue decisions to enforce remedial
measures are working to organize the implementation of the remedial measures
specified in Point c Clause 3 and Clause 4 Article 4 of this Decree.”
12. Some Clauses of Article 21 are
amended as follows:
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“The following penalties shall
be imposed for illegally hunting, catching, killing or imparking forest animals:
1. A fine ranging from VND 1.000.000
to VND 5.000.000 shall be imposed in one of the following circumstances:
a) The violation involves forest
animals of common species worth less than VND 5.000.000;
b) The violation involves animals
in the list of Group-IIB endangered, rare and precious forest plants and
animals worth less than VND 3.000.000.”
b) Clause 1a is added following
Clause 1 as follows:
“1a. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed in one of the following
circumstances:
a) The violation involves forest
animals of common species worth from VND 5.000.000 to
under VND 10.000.000;
c) The violation involves
animals in the list of Group-IIB endangered, rare and precious forest plants
and animals worth from VND 3.000.000
to under VND 5.000.000.”
c) Heading of
Clause 2 is amended as follows:
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d) Point a Clause 15 is amended as
follows:
“a) Exhibits, devices and tools
of the violations in Clause 1, Clause 1a, Clauses 2 through 14 of this Article shall
be confiscated;”
dd) Clause 16 is amended as follows:
"16.
Remedial measure:
The entity committing any of
the violations in Clause 1, Clause
1a, Clauses 2 through 14 of this Article is
compelled to implement measures for controlling environmental pollution and the
spread of epidemics; destroy goods and articles which
cause harm to human health, domestic animals, plants and
environment.”
13. Some Clauses of Article 22 are
amended as follows:
a) The first paragraph and Clause 1
are amended as follows:
“The following penalties shall
be imposed for transporting forest products (in case forest products are
transported by a vehicle, the violation shall be determined from the time they
are loaded onto the vehicle) without lawful documents or which are not conformable with their lawful documents:
1. A fine ranging from VND 1.000.000
to VND 5.000.000 shall be imposed in one of the following circumstances:
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b) The violation involves animals
in the list of Group-IIB endangered, rare and precious forest plants and
animals, body parts or products thereof worth less than VND 3.000.000;
c) The violation involves a volume of
< 01 m3 of timber of common species;
b) The violation involves a volume of
< 0,5 m3 of timber in list of Group-IIA endangered, rare and precious forest plants and animals;
dd) The violation involves a volume
of < 0,1 m3 of timber in list of Group-IA endangered, rare and precious
forest plants and animals;
e) The violation involves non-timber
forest plants worth less than VND 7.000.000;
g) The violation involves products
made from timber without lawful documents on forest product worth less
than VND 7.000.000.”
b) Clause 1a is added following Clause
1 as follows:
“1a. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed in one of the following
circumstances:
a) The violation involves forest
animals of common species, body parts or products thereof worth from VND 7.000.000 to under VND 15.000.000;
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c) The violation involves a volume of
from 01 m3 to under 02 m3 of timber of common species;
d) The violation involves a volume of
from 0,5 m3 to under 01 m3 of timber in the list
of Group-IIA endangered, rare and precious forest plants and animals;
dd) The violation involves a volume
of from 0,1 m3 to under 0,2 m3 of
timber in the list of Group-IA endangered, rare and precious forest
plants and animals;
e) The violation involves non-timber
forest plants worth from VND 7.000.000 to under VND
15.000.000;
e) The violation involves products
made from timber without lawful documents on forest product worth from VND 7.000.000 to under VND 15.000.000.”
c) Heading of Clause 2 is amended as
follows:
“2. A fine ranging from VND
10.000.000 to VND 25.000.000 shall be imposed in one of the following circumstances:”
d) Point a, heading of Point b and the second
paragraph of Point b Clause 20 are amended as follows:
“a) Exhibits of the violations
specified in Clause 1, Clause 1a, Clauses 2 through 19 of
this Article (except the violation involving timber with lawful documents and origin but the actual volume of timber exceeds the permissible
deviations announced by the Ministry of Agriculture and Rural Development)
shall be confiscated.
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use of vehicles manufactured or assembled against the law; vehicles of which vehicle registration
certificate is not available; vehicles bearing false plate numbers.”
dd) Clause 21 is amended as follows:
"21.
Remedial measures:
a) The violating entity is compelled to implement measures for controlling the environmental
pollution and the spread of epidemics; destroy goods or articles which cause
harm to human health, domestic animals, plants and the
environment in case of commission of any of the violations specified in Points
a and b Clause 1, Clause 1a, Points a, b and c of Clauses
2 through 11, Points a, b, c and dd Clause 12, Points a and c
Clause 13 and Clause 14 of this Article;
b) The violating entity is compelled to transfer illegal benefits obtained from the
administrative violation or an amount of money equivalent to the value of the
exhibits and/or instrumentalities of the administrative violation which have
been sold, hidden or destroyed inconsistently with the law in case of
commission of any of the violations specified in Clause 1, Clause 1a, Clauses 2 through
19 of this Article.”
e) Clause 22 is amended as follows:
“22. In case transported forest products have lawful origin but do
not have lawful forest product dossiers prepared as prescribed by
law or the vehicle operator or forest product's owner who fails to present forest
product dossiers to competent officials at the time of
inspection of vehicles used for transporting forest products, penalties shall
be imposed according to Article 24 of this Decree.”
g) Clause 24 is amended as follows:
“24. If anthracite and
charcoal are found to be illegally transported from a natural forest or planted forest of which the ownership is represented by the State, the
vehicle operator shall face penalties for illegal transport of non-timber
forest plants as prescribed in this Article and the forest product owner shall
face penalties according to Clause 4 Article
13 of this Decree.”
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a) Heading,
first paragraph and Clause 1 Article 23 are amended as follows:
“Article 23. Illegal
storage, trading, import, export and processing of
forest products
The following penalties shall be
imposed for storage, trading, import, export or processing
of forest products without lawful forest product dossiers
or which are not conformable with the presented forest product dossiers which are deemed lawful:
1. A fine ranging from VND 1.000.000
to VND 5.000.000 shall be imposed in one of the following circumstances:
a) The violation involves forest animals
of common species, body parts or products thereof worth less than VND
7.000.000;
b) The violation involves animals in
the list of Group-IIB endangered, rare and precious forest
plants and animals, body parts or products thereof worth less than VND
3.000.000;
c) The violation involves a volume of
< 01 m3 of timber of common species;
b) The violation involves a volume of
< 0,5 m3 of timber in list of Group-IIA endangered, rare and
precious forest plants and animals;
dd) The violation involves a volume
of < 0,1 m3 of timber in list of Group-IA endangered, rare and
precious forest plants and animals;
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g) The violation involves products
made from timber without lawful documents on forest product worth less than VND
7.000.000.”
b) Clause 1a is added following
Clause 1 as follows:
“1a. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed in one of the following
circumstances:
a) The violation involves forest
animals of common species, body parts or products thereof worth from VND
7.000.000 to under VND 15.000.000;
b) The violation involves animals in
the list of Group-IIB endangered, rare and precious forest plants and animals,
body parts or products thereof worth from VND 3.000.000 to under VND 7.000.000;
c) The violation involves a volume of
from 01 m3 to under 02 m3 of timber of common species;
d) The violation involves a volume of
from 0,5 m3 to under 01 m3 of timber in the list of
Group-IIA endangered, rare and precious forest plants and animals;
dd) The violation involves a volume
of from 0,1 m3 to under 0,2 m3 of timber in the list of
Group-IA endangered, rare and precious forest plants and animals;
e) The violation involves non-timber
forest plants worth from VND 7.000.000 to under VND 15.000.000;
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c) Heading of Clause 2 is amended as
follows:
“2. A fine ranging from VND
10.000.000 to VND 25.000.000 shall be imposed in one of the following
circumstances:”
d) Point a Clause 20 is amended as
follows:
“a) Exhibits of the violation
shall be confiscated in case of commission of any of the violations specified
in Clause 1, Clause 1a, Clauses
2 through 19 of this Article.”
dd) Clause 21 is amended as follows:
"21. Remedial measures:
a) The violating entity is compelled
to implement measures for controlling the environmental pollution and the
spread of epidemics; destroy goods or articles which cause harm to human
health, domestic animals, plants and the environment in case of commission of
any of the violations specified in Points a and b Clause 1, Clause 1a, Points
a, b and c of Clauses 2 through 11, Points a, b, c and dd
Clause 12, Points a and c Clause 13 and Clause 14 of this Article;
b) The violating entity is compelled
to transfer illegal benefits obtained from the administrative violation or an
amount of money equivalent to the value of the exhibits and/or
instrumentalities of the administrative violation which have been sold, hidden
or destroyed inconsistently with the law in case of commission of any of the
violations specified in Clause 1, Clause 1a, Clauses 2 through 19 of this
Article.”
e) Clause 24 is added as follows:
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15. Some Clauses of Article 24 are
amended as follows:
a) Point a Clause 1 is amended as
follows:
“c) The vehicle operator or the
forest product owner fails to present lawful forest product dossiers to the competent official at the time of
inspection of vehicles used for transporting forest products.”
b) Clause 2 is amended as follows:
“2. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for commission of one of the
following violations:
a) The owner of forest product processing and trading
establishment fails to keep record or keeps a record which is made using a form
other than the prescribed one; fails to record or inadequately or inaccurately
records amounts of forest products received and delivered;
b) The owner of an establishment
raising or planting forest animals or plants in the lists of endangered, rare and precious forest plants and animals or
in CITES annexes fails to keep record or keeps a record which is made using a
form other than the prescribed one; fails to record or inadequately or
inaccurately records amounts of the raising or planting of forest
animals or plants as prescribed by law;
c) The owner of an establishment raising forest
animals of common species or other terrestrial wild
animals fails to keep record or keeps a record which is made using a form other
than the prescribed one; fails to record or inadequately or inaccurately
records information or fails to notify competent authorities by the prescribed
deadline when the establishment receives forest animals of common species or
other terrestrial wild animals;
d) The forest product’s owner fails to submit
reports or fails to submit reports within the prescribed time limit according
to regulations on Vietnam Timber Legality Assurance System.”
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“b) The owner of an
establishment raising or planting animals or plants in
lists of endangered, rare and precious forest
plants and animals or in CITES annexes of lawful origin fails to
apply for registration of animal raising or planting establishment as prescribed by law.”
d) Clause 4 is amended as follows:
“4. A fine ranging from VND
5.000.000 to VND 10.000.000 shall be imposed for commission of one of the
following violations:
a) The forest product owner transports,
trades, stores or processes forest products lawfully extracted
from natural forests but fails to fully comply with
regulations on lawful forest product dossiers;
b) An enterprise fails to declare or inaccurately
declares enterprise classification criteria laid down in regulations on Vietnam
Timber Legality Assurance System.”
16. Clause 2 Article 25 is amended as
follows:
“2. Officials, public employees
and persons of people’s army forces or people’s police
forces working in the authorities mentioned in Articles 26 through 33 of this Decree who are performing
their assigned duties to ensure the compliance with
regulations on forest management, protection, development
and use, processing and trading of forest products within
the ambit of their assigned functions, tasks and powers.”
17. Some Clauses of Article 26 are
amended as follows:
a) Point c Clause 2 is amended as
follows:
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b) Point c and Point d Clause 3 are
amended as follows:
“c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 50.000.000;
d) Enforce the remedial measures
specified in Points a, c, d, dd, e, g, h, i, k, l, m, n
and o Clause 3 and Clause 4 Article 4 of this Decree.”
c) Heading of Clause 4, Point d
and Point dd Clause 4 are amended as
follows:
“4. Directors of Forest
Protection Sub-departments; Directors of Regional Forest Protection
Sub-Departments, and Leaders of Task Force Teams for Forest Protection
affiliated to the Forest Protection Department shall have the power to:
d) Confiscate the exhibits and
instrumentalities for committing administrative violations worth up to VND 100.000.000;
dd) Enforce the remedial measures
specified in Clause 3 and Clause 4 Article
4 of this Decree.”
d) Point d and
Point dd Clause 5 are amended as follows:
“d) Confiscate the exhibits and
instrumentalities used for committing administratvie violations;
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18. Some Clauses of Article 27 are
amended as follows:
a) Point c and Point d Clause 1 are
amended as follows:
“c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 10.000.000;
d) Enforce the remedial measures
mentioned in Points a, b, c and d Clause 3 and Clause 4 Article 4 of this Decree.”
b) Point b, Point
d and Point dd Clause 2 are amended as follows:
“2. Chairpersons of
district-level People’s Committees shall have the power to:
b) Impose a fine up to VND
100.000.000;
d) Confiscate the exhibits and
instrumentalities used for committing administratvie violations;
dd) Enforce the remedial measures
specified in Clause 3 and Clause 4 Article 4 of this Decree.”
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“d) Confiscate the exhibits and
instrumentalities used for committing administratvie violations;
dd) Enforce the remedial measures specified
in Clause 3 and Clause 4 Article 4 of this Decree.”
19. Some Clauses of Article 28 are
amended as follows:
a) Point a Clause 1 is amended as
follows:
“c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 1.000.000;”
b) Point d and Point dd Clause 2 are
amended as follows:
“d) Confiscate the exhibits and
instrumentalities for committing administrative violations worth up to VND
100.000.000;
dd) Enforce the remedial measures
specified in Clause 3 and Clause 4 Article 4 of this Decree.”
c) Point d and Point dd Clause 3 are
amended as follows:
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dd) Enforce the remedial measures
specified in Clause 3 and Clause 4 Article 4 of this Decree.”
d) Point d and Point dd Clause 4 are
amended as follows:
“d) Confiscate the exhibits and
instrumentalities used for committing administratvie violations;
dd) Enforce the remedial measures
specified in Clause 3 and Clause 4 Article 4 of this Decree.”
20. Article 29 is amended as follows:
“Article 29. Power to
impose penalties of people’s police forces
1. On-duty soldiers of people’s
police forces shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 500.000.
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a) Issue warning;
b) Impose a fine up to VND 1.500.000.
3. Communal-level Police Chiefs,
Heads of Police Posts, Heads of Police Stations at border gates, export
processing zones, Heads of International Airport Police Offices, Majors of Mobile Police Battalions, and Captains of Squadrons shall
have the power to:
a) Issue warning;
b) Impose a fine up to VND 2.500.000;
c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 5.000.000;
d) Enforce the remedial measures
mentioned in Points a, c and d Clause 3 Article 4 of this Decree.
4. Heads of district-level police
agencies, heads of professional divisions of the following authorities,
including the Internal Political Security Department, the Police Department for
Administration of Social Order, the Traffic Police Department, the Department
of Fire Prevention, Fighting and Rescue, the Department of
Cybersecurity, Hi-Tech Crime Prevention and Control, and the Immigration
Department, and heads of provincial-level police departments,
including: Internal Political Security
Divisions, Police Divisions for Social Order Administration, Police Departments
for Social Order Crimes, Investigation Police Divisions for Corruption,
Economic and Smuggling Crimes, Investigation Police Divisions for Drug Crimes,
Traffic Police Divisions, Road and Railway Traffic Police Divisions, Road
Traffic Police Divisions, Waterway Police Divisions, Mobile Police Divisions,
Criminal Judgment Execution and Judicial Assistance Divisions, Police Divisions
for Prevention and Control of Environmental Crimes, Firefighting, Prevention
and Rescue Police Divisions, Cybersecurity, Hi-Tech Crime Prevention and
Control Divisions, Immigration Divisions, Economic Security Divisions, and
External Security Divisions, Colonels of Mobile Police Regiments, and Captains
of Squadrons, shall have the power to:
a) Issue warning;
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c) Suspend the forest harvesting for a
fixed period of 06-12 months or suspend operation of forest
product processing establishment for a fixed period of 06-12
months;
d) Confiscate the exhibits and
instrumentalities for committing administrative violations worth up to VND 50.000.000;
dd) Enforce the remedial measures
specified in Points a, c, d, e, g, h, i, k, l, m, n and o Clause 3 and Clause 4
Article 4 of this Decree.
5. Directors of provincial-level Police Departments shall have the power to:
a) Issue warning;
b) Impose a fine up to VND
100.000.000;
c) Suspend the forest harvesting for
a fixed period of 06-12 months or suspend operation of forest product
processing establishment for a fixed period of 06-12 months;
d) Confiscate the exhibits and
instrumentalities used for committing administratvie violations;
dd) Enforce the remedial measures
specified in Points a, c, d, dd, e, g, h, i, k, l, m, n
and o Clause 3 and Clause 4 Article 4 of this Decree.
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a) Issue warning;
b) Impose a fine up to VND
500.000.000;
c) Suspend the forest harvesting for
a fixed period of 06-12 months or suspend operation of forest product
processing establishment for a fixed period of 06-12 months;
d) Confiscate the exhibits and
instrumentalities used for committing administratvie violations;
dd) Enforce the remedial measures
specified in Points a, c, d, dd, e, g, h, i, k, l, m, n and o Clause 3 and
Clause 4 Article 4 of this Decree.”
21. Some Clauses of Article 30 are
amended as follows:
a) Clause 2a is added following
Clause 2 as follows:
“2a. Leaders of Task Force
Teams for drug and crime prevention and control which are put under the control
of Task Force Commissions for drug and crime prevention and control shall have
the power to:
a) Issue warning;
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c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 20.000.000;
d) Enforce the remedial measures mentioned
in Points a, c and d Clause 3 and Clause 4 Article 4 of
this Decree.”
b) Heading of Clause 3, Point c
and Point d Clause 3 are amended as follows:
“3. Heads of Border Guard Posts, Captains of Naval Border Guard Flotillas
and Commanders of Border Guard Commands at port border gates shall have
the power to:
c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 50.000.000;
d) Enforce the remedial measures
mentioned in Points a, c, d, e, l
Clause 3 and Clause 4 Article 4 of this Decree.”
c) Clause 3a is added following
Clause 3 as follows:
“3a. Leaders of Task Force
Teams for drug and crime prevention and control affiliated to the Department of
Drug and Crime Prevention and Control under the control of the Command of
Border Guards shall have the power to:
a) Issue warning;
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c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 200.000.000;
d) Enforce the remedial measures
mentioned in Points a, c, d, dd, e and l Clause 3 and Clause 4 Article 4 of this Decree.”
d) Heading of Clause 4, Point d and
Point dd Clause 4 are amended as follows:
“4. Commanders of
Provincial-level Border Guard Forces, Captains of Naval Border Guard Squadrons,
and Director of the Department of Drug and Crime Prevention and Control
affiliated to the Command of Border Guards shall have the power to:
d) Confiscate the exhibits and
instrumentalities used for committing administratvie violations;
dd) Enforce the remedial measures
mentioned in Points a, c, d, dd, e and l Clause 3 and Clause 4 Article 4 of this Decree.”
22. Some Clauses of Article 31 are
amended as follows:
a) Point c Clause 4 is amended as
follows:
“c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 50.000.000;”
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“5. Captains of Naval Border
Guard Squadrons; Heads of Reconnaissance Commissions; Heads of Task Force
Commissions for Drug Crime Prevention and Control under the control of the
Command of Coast Guard of Vietnam shall have the power to:
c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 100.000.000;”
c) Heading of Clause 6 and Point c
Clause 6 are amended as follows:
“6. Regional Commands of Coast
Guard and Director of the Department of Operations and Legislation under the
control of the Command of Coast Guard of Vietnam shall have the power to:
c) Confiscate the exhibits and instrumentalities
for committing administratvie violations;”
d) Heading of Clause 7, Point d and
Point dd Clause 7 are amended as follows:
“7. Commander of Vietnam Coast
Guard shall have the power to:
d) Confiscate the exhibits and
instrumentalities used for committing administratvie violations;
dd) Enforce the remedial measures
mentioned in Points a, c and d Clause 3 Article 4 of this Decree.”
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a) Heading of Clause 2, Point c and Point
d Clause 2 are amended as follows:
“2. Leaders of Market
Surveillance Teams and Heads of Professional Divisions under the control of the
Departments of Market Surveillance Operations shall have the power to:
“c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 50.000.000;
d) Enforce the remedial measures
mentioned in Points a, d, dd and k Clause 3 Article 4 of this Decree.”
b) Point d and Point dd Clause 3 are
amended as follows:
“d) Confiscate the exhibits of
administratvie violations;
dd) Enforce the remedial measures
mentioned in Points a, c, d, dd and k
Clause 3 Article 4 of this Decree.”
c) Point d and Point dd Clause 4 are
amended as follows:
“d) Confiscate the exhibits of
administratvie violations;
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24. Some Clauses of Article 33 are
amended as follows:
a) Heading of
Clause 2 is amended as follows:
“2. Team Leaders, Group Leaders
of Customs Sub-departments; Leaders of Groups in Control Teams affiliated to
provincial, inter-provincial or municipal Customs Departments; Leaders of Teams
in Post-clearance Inspection Sub-departments, shall have the power to:”
b) Heading of Clause 3 and Point c
Clause 3 are amended as follows:
“3. Directors of Customs
Sub-departments; Directors of Post-clearance Inspection Sub-departments;
Leaders of Control Teams of provincial, inter-provincial or municipal Customs
Departments; Leaders of Criminal Investigation Teams; Leaders of Smuggling
Control Teams; Captains of Maritime Control Flotillas and Leaders of
Anti-smuggling, Counterfeit Product Control and Intellectual Property Teams
affiliated to the Smuggling Investigation and Prevention Department; Directors
of Post-clearance Inspection Sub-departments affiliated to the Post-clearance
Inspection Department shall have the power to:
c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 50.000.000;”
c) Point d Clause 4 is amended as
follows:
“d) Confiscate the exhibits and
instrumentalities used for committing administratvie violations;”
d) Point c Clause 5 is amended as
follows:
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25. Clause 4 Article 34 is amended as
follows:
“4. Competent officials of
market surveillance forces shall have the power to impose administrative
penalties, additional penalties and remedial measures against the
administrative violations specified in Article 14, Article
23 and Article 24 of this Decree within their competence specified in Article 32 of this Decree and within the ambit
of their assigned functions, tasks and powers.”
Article 2.
Amendments to Government’s Decree No. 31/2016/ND-CP dated May 06, 2016 (as
amended in Government’s Decree No. 04/2020/ND-CP dated January 03, 2020)
1. Point n is added to Clause 3 Article 4 as follows:
“n) Enforced return of the erased and/or
altered pesticide import permit, pesticide field trial permit, certificate
of pesticide registration, phytosanitary certificate
for imported plants, phytosanitary certificate for
exported, imported, transited and domestically transported plants, certificate of eligibility to manufacture pesticides, certificate of eligibility to trade pesticides,
practicing certificate for treatment of plant quarantine subjects, practicing
card for treatment of plant quarantine subjects, notice of results of state
inspection of quality of imported pesticides, written certificates of
pesticide-related services issued by communal-level People’s Committees (hereinafter referred to as “license")."
2. Article 5a is added following
Article 5 as follows:
“Article 5a. Implementation
of remedial measures:
1. Enforced expulsion from the
territory of Vietnam or enforced re-export of goods involved in an
administrative violation:
The transport of goods out of the territory of
Vietnam or re-export of such goods requires a certification given by the
customs authority of border checkpoint in writing or electronically. The
violating entity shall send that certification to the official issuing the
penalty imposition decision within 05 business days from the date on which the
goods are brought out of the territory of Vietnam or re-exported for case file
storage.
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a) Depending on the nature and
characteristics of goods involved in the administrative violation and
environmental sanitation requirements, the destruction may be carried out
adopting the following methods: use of chemicals, mechanical method, burning,
burial and other methods as prescribed by law. The authority issuing the
penalty imposition decision shall supervise the destruction either directly or
using other technical equipment (if any).
b) The destruction of goods must be properly
recorded. The destruction record shall, inter alia, include grounds and reasons
for destruction, time and place of destruction, participants in the destruction
process, name, category, origin, quantity and existing conditions of the good
or article at the time of destruction, destruction method and other relevant
information. The destruction record must bear signatures of participants in the
destruction process and representative of the authority issuing the penalty
imposition decision in charge of supervising the destruction. After completing
the destruction, a copy of the destruction record and relevant documents shall
be sent to the authority issuing the penalty imposition decision.
3. Enforced recycling of
finished pesticide products which can be recyclable:
a) Depending on the nature and characteristics of
pesticides, they must be recycled by an establishment holding certificate of
eligibility to manufacture pesticides as prescribed by law. After recycling,
the violating entity shall submit a report on implementation of remedial
measures enclosed with the report on field trial of recycled pesticides to the
official issuing the penalty imposition decision.
b) The official issuing the penalty imposition
decision shall expedite the recycling process.
4. Enforced return of erased
or altered license:
The violating entity shall submit the erased or
altered license to the official issuing the penalty imposition decision. If the
official issuing the penalty imposition decision is not the licensing official
or authority, within 05 business days from the issue date of the penalty
imposition decision, the official issuing the penalty imposition decision shall
send a notice of imposition of the remedial measure that is enforced return of
erased or altered license to the licensing authority (unless such license is
issued by a competent authority of foreign country).”
3. Some Clauses of Article 25 are
amended as follows:
a) Clause 1a is added following
Clause 1 as follows:
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b) Point a Clause 1 is abrogated.
4. Point a Clause 4 Article 30 is
amended as follows:
“a) The
violating entity is compelled to return the altered and/or erased license in
case of commission of the violation in Clause 1 of this Article.”
5. Some Points of Clause 1 and Clause 2 Article 31 are amended as follows:
a) Point c
Clause 1 is amended as follows:
“c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 10.000.000;”
b) Point d Clause 2 is amended as
follows:
“d) Confiscate the exhibits and
instrumentalities used for committing administratvie violations;”
6. Some Clauses of Article 33 are
amended as follows:
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“1. In the performance of their
duties, agriculture and rural development inspectors and
the persons assigned to conduct specialized inspections shall have the power
to:
a) Issue warning;
b) Impose a fine up to VND 500.000;
c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 1.000.000;
d) Impose the remedial measures
specified in Points a, c and dd Clause 1 Article 28 of the Law on penalties for
administrative violations.”
b) Heading of Clause 2, Point d and
Point dd Clause 2 are amended as follows:
“2. Chief Inspectors of
Provincial Departments of Agriculture and Rural Development; Directors of
Sub-departments for crop production and plant protection; Directors of Regional
Plant Quarantine Sub-departments affiliated to the Plant
Protection Department; heads of specialized inspection
teams of Provincial Departments of Agriculture and Rural Development; heads of specialized inspection teams of the Plant
Protection Department or Sub-departments for crop production and plant
protection shall have the power to:
d) Confiscate the exhibits and instrumentalities
for committing administrative violations worth up to VND 50.000.000;
dd) Impose the remedial measures
specified in Points a, c, d, dd, e,
g, h, i Clause 1 Article 28 of the Law on penalties for administrative
violations and Points g, h, i, k, l, m, n Clause 3 Article 4 of this
Decree.”
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“d) Confiscate the exhibits and
instrumentalities for committing administrative violations worth up to VND
70.000.000;
dd) Impose the remedial measures
specified in Points a, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on
penalties for administrative violations and Points g, h, i, k, l, m, n Clause 3
Article 4 of this Decree.”
d) Point d and Point dd Clause 4 are
amended as follows:
“d) Confiscate the exhibits and
instrumentalities used for committing administratvie violations;
dd) Impose the remedial measures
specified in Points a, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on
penalties for administrative violations and Points g, h, i, k, l, m, n Clause 3
Article 4 of this Decree.”
7. Some Clauses of Article 34 are
amended as follows:
a) Heading of Clause 2 is amended as
follows:
“2. Heads of
company-level Mobile Police Units, heads of stations, and
team leaders in charge of managing the
soldiers mentioned in Clause 1 of this Article shall have the power to:”
b) Heading of Clause 3 and Point c
Clause 3 are amended as follows:
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c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 5.000.000;”
c) Heading of Clause 4 and Point d Clause 4 are amended as follows:
“4. Heads of district-level
police agencies, heads of professional divisions of the Police Department for
Administration of Social Order, the Traffic Police Department, and the Department of Cybersecurity, Hi-Tech Crime Prevention and Control,
and heads of provincial-level police departments, including: Police Divisions for Social Order Administration,
Police Departments for Social
Order Crimes, Investigation Police
Divisions for Corruption, Economic and Smuggling Crimes, Traffic Police
Divisions, Road and Railway Traffic Police Divisions, Road Traffic Police
Divisions, Waterway Police Divisions, Police Divisions for Prevention and
Control of Environmental Crimes, Cybersecurity, Hi-Tech Crime Prevention and
Control Divisions, and Economic Security Divisions, and Captains of Squadrons,
shall have the power to:
“d) Confiscate the exhibits and
instrumentalities for committing administrative violations worth up to VND
20.000.000;”
d) Point d Clause 5 is amended as
follows:
“d) Confiscate the exhibits and
instrumentalities used for committing administratvie violations;”
dd) Heading of
Clause 6 is amended as follows:
“6. Directors of Economic
Security Department, Police Department for Administrative Management of Social
Order, Investigation Police Department for Social Order Crimes, Police Department for Investigation into Corruption, Economic and Smuggling Crimes, Traffic Police Department, the Police
Department for Prevention and Control of Environmental Crimes, and the
Cybersecurity, Hi-tech Crimes Prevention and Control Department shall
have the power to:”
8. Some Clauses of Article 35 are
amended as follows:
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“2. Team Leaders, Group Leaders
of Customs Sub-departments; Leaders of Groups in Control Teams affiliated to
provincial, inter-provincial or municipal Customs Departments; Leaders of Teams
in Post-clearance Inspection Sub-departments, shall have the power to:”
b) Heading of Clause 3 and Point c
Clause 3 are amended as follows:
“3. Directors of Customs
Sub-departments; Directors of Post-clearance Inspection Sub-departments;
Leaders of Control Teams of provincial, inter-provincial or municipal Customs
Departments; Leaders of Criminal Investigation Teams; Leaders of Smuggling Control
Teams; Captains of Maritime Control Flotillas and Leaders of Anti-smuggling,
Counterfeit Product Control and Intellectual Property Teams affiliated to the
Smuggling Investigation and Prevention Department; Directors of Post-clearance
Inspection Sub-departments affiliated to the Post-clearance Inspection
Department shall have the power to:
c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 50.000.000;”
c) Point d Clause 4 is amended as
follows:
“d) Confiscate the exhibits and
instrumentalities used for committing administratvie violations;”
9. Some Clauses of Article 36 are
amended as follows:
a) Clause 2 and
Clause 3 are amended as follows:
“2. Leaders of Market
Surveillance Teams and Heads of Professional Divisions under the control of the
Departments of Market Surveillance Operations shall have the power to:
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b) Point c Clause
3 is amended as follows:
“c) Confiscate the exhibits and
instrumentalities for committing administratvie violations;”
10. Clause 3 and Clause 4 Article 37
are amended as follows:
a) Heading of Clause 3, Point c and
Point d Clause 3 are amended as follows:
“3. Heads of Border Guard
Posts, Captains of Naval Border Guard Flotillas and Commanders of Border Guard
Commands at port border gates shall have the power to:
c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 20.000.000;
d) Impose the remedial measures
mentioned in Points a, c, d, dd and k Clause 1 Article 28 of the Law on
penalties for administrative violations.”
b) Heading of Clause 4 and Point dd Clause 4 are amended as follows:
“4. Commanders of Provincial-level
Border Guard Forces, Captains of Naval Border Guard Squadrons affiliated to the
Command of Border Guards shall have the power to:
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11. Some Clauses of Article 38 are
amended as follows:
a) Point c Clause 4 is amended as
follows:
“c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 20.000.000;”
b) Point c Clause 5 is amended as
follows:
“c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 30.000.000;”
c) Clause 6 is amended as follows:
“6. Regional Commands of Coast
Guard and Director of the Department of Operations and Legislation under the
control of the Command of Coast Guard of Vietnam shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 25.000.000;
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d) Confiscate the exhibits and
instrumentalities used for committing administratvie violations;
dd) Impose the remedial measures
specified in Points a, c, d, dd and k Clause 1 Article 28 of the Law on
penalties for administrative violations.”
d) Heading of Clause
7 is amended as follows:
“7. Commander of Vietnam Coast
Guard shall have the power to:”
12. The phrase “cơ
quan tiến hành tố tụng có quyết Dịnh không khởi tố vụ án hình sự, quyết Dịnh hủy
bỏ quyết Dịnh khởi tố vụ án hình sự, quyết Dịnh Dình chỉ Diều tra hoặc quyết Dịnh
Dình chỉ vụ án” (“the criminal procedure-conducting agency
has issued a decision not to institute criminal proceedings, a decision on
annulment of the decision to institute criminal proceedings,
a decision to terminate investigation or a decision to dismiss
the lawsuit”) is replaced with the phrase “cơ quan có thẩm
quyền tiến hành tố tụng hình sự có quyết Dịnh không khởi tố vụ án hình sự, quyết
Dịnh hủy bỏ quyết Dịnh khởi tố vụ án hình sự, quyết Dịnh Dình chỉ Diều tra, quyết
Dịnh Dình chỉ vụ án hoặc quyết Dịnh Dình chỉ vụ án Dối với bị can, miễn trách
nhiệm hình sự theo bản án” (“the agency vested with authority to
institute criminal procedure has issued a decision not to institute criminal
proceedings, a decision on annulment of the decision to institute criminal
proceedings, a decision to terminate investigation, a
decision to dismiss the lawsuit, or a decision to dismiss
the lawsuit against the suspect or to grant exemption from
criminal liability according to judgments”) in Clause 5a Article 19; Point e Clause
5 Article 20; Point a, Point
b Clause 7 Article 24; Point b Clause 8 Article 25.
Article 3.
Amendments to Government’s Decree No. 90/2017/ND-CP dated July 31, 2017 (as
amended in Government’s Decree No. 04/2020/ND-CP dated January 03, 2020)
1. Point m is added to Clause 3 Article 3 as follows:
“m) Enforced return of the erased and/or
altered certificate of animal epidemic-free establishment; Vaccination Certificate for animals; Certificate of quarantine
of animals/animal products; Certificate of veterinary hygiene; License
to conduct the testing of veterinary drugs; GMP certificate; Certificate
of eligibility to trade veterinary drugs; Certificate of
eligibility to import veterinary drugs; veterinary practicing certificate (hereinafter referred to as
“license”).”
2. Article 3a is added following
Article 3 as follows:
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The violating entity shall submit the
erased or altered license to the person issuing the penalty imposition
decision. If the official issuing the penalty imposition decision is not the
licensing official or authority, within 05 business days from the issue date of
the penalty imposition decision, the official issuing the penalty imposition
decision shall send a notice of imposition of the remedial measure that is
enforced return of erased or altered license to the licensing authority (unless
such license is issued by a competent authority of foreign country).”
3. Clause 2 Article 4 is amended as
follows:
“2. Each fine prescribed in
Chapter II of this Decree shall be
imposed for the administrative violation committed by an
individual, except for the cases prescribed in Article 22,
Clause 3 Article 24, Clause 5 Article 27, Clause 1 Article 28, Article 29, Article 30, Article 31, Article 32
and Article 33 of this Decree. The fine incurred by
an organization is twice as much as that incurred by an individual for
committing the same administrative violation.”
4. Some Clauses of Article 5 are
amended as follows:
a) Clause 9 is amended as follows:
"9.
Additional penalties:
Confiscate Certificate of animal
epidemic-free establishment if it is traded as prescribed
in Clause 5 of this Article.”
b) Point c is added to Clause 10 as follows:
"10.
Remedial measures:
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5. Some Clauses of Article 7 are
amended as follows:
a) Clause 8 is amended as follows:
"8.
Additional penalties:
Confiscate the Vaccination
Certificate for animals if it is traded as prescribed in
Clause 5 of this Article.”
b) Point c is added to Clause 9 as
follows:
"9. Remedial measures:
c) Enforced return of erased and/or
altered vaccination certificate prescribed in Clause 5 of
this Article;”
6. Some Clauses of Article 11 are
amended as follows:
a) Point dd is
added to Clause 2 as follows:
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b) Clause 6 is amended as follows:
"6. Remedial measures:
a) Enforced quarantine of
animals/animal products if the violation specified in
Point a, Point b, Point c or Point d Clause 2 or Clause 4
of this Article is committed;
b) Enforced destruction of
animals/animal products which have been discovered,
during quarantine process, to be infected with animal diseases or
to carry infectious disease pathogens on the List of animal diseases subject to
epidemic declaration if the violation specified in Point a, Point b, Point
c or Point d Clause 2 or Clause 4 of this Article is committed.”
7. Some Clauses of Article 14 are
amended as follows:
a) Clause 4 is amended as follows:
"4.
Additional penalties:
Confiscate Certificate of quarantine
of animals/animal products if it is traded as prescribed
in Clause 2 of this Article.”
b) Clause 5 is amended as follows:
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a) Enforced return of erased and/or
altered Certificate of quarantine of animals/animal products prescribed in
Clause 2 of this Article;
b) Enforced quarantine of
animals/animal products if the violation prescribed in Clause 3 of this Article
is committed.”
8. Some Clauses of Article 15 are
amended as follows:
a) Point a Clause 1 is amended as
follows:
“a) Importing animals/animal products with a quantity or an
amount higher than those specified in the
Certificate of quarantine of animals granted by the competent authority of the exporting country;”
b) Point b and Point c Clause 10 are amended as follows:
“b) A fine ranging from VND 40.000.000
to VND 45.000.000 shall be imposed if the violation causes property damage assessed at less than VND 100.000.000;
c) A fine ranging from VND 45.000.000
to VND 50.000.000 shall be imposed if the
violation causes property damage assessed at VND 100.000.000
or more and the agency vested with authority to institute criminal
procedure has issued a decision not to institute criminal proceedings, a
decision on annulment of the decision to institute criminal proceedings, a decision to terminate investigation, a decision to
dismiss the lawsuit, or a decision to dismiss the lawsuit
against the suspect or to grant exemption from criminal
liability according to judgments.”
9. Some Clauses of Article 17 are
amended as follows:
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"4. Additional penalties:
Confiscate Certificate of quarantine
of animals/animal products if it is traded as prescribed
in Clause 1 or Clause 2 of this Article.”
b) Point c is added to Clause 5 as
follows:
"5. Remedial measures:
c) Enforced return of erased and/or
altered Certificate of quarantine of animals/animal products prescribed in
Clause 1 of this Article;”
10. Some Clauses of Article 18 are
amended as follows:
a) Clause 4 is amended as follows:
"4. Additional penalties:
Confiscate Certificate of quarantine
of animals/animal products if it is traded as prescribed in Clause 1 of this
Article.”
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"5. Remedial measures:
a) Enforced return of erased and/or
altered Certificate of quarantine of animals/animal products prescribed in
Clause 1 of this Article;
b) Enforced re-export or destruction
of animals/animal products if any of the violations prescribed in Clause 2 and
Clause 3 of this Article is committed.”
11. Some Clauses of Article 19 are
amended as follows:
a) Clause 3 is amended as follows:
"3.
Additional penalties:
Confiscate Certificate of quarantine
of animals/animal products if it is traded as prescribed in Clause 1 of this
Article.”
b) Clause 4 is amended as follows:
"4. Remedial measures:
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b) Enforced expulsion from the
territory of the Socialist Republic of Vietnam or enforced re-export of animals/animal products or enforced destruction of
animals/animal products which cannot be re-exported in case of
commission of the violation in Clause 2 of this Article.”
12. Clause 1 Article 21 is amended as
follows:
“1. A fine ranging from VND 500.000 to VND 1.000.000 shall be
imposed upon the person who directly participates
in the slaughter, preparation or processing of animal products for failing to
comply with regulations on health adopted by the Ministry
of Health and hygiene practices during the
performance of such activities.”
13. Clause 1 Article 22 is amended as
follows:
“1. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed upon the person who directly
participates in the animal slaughter, preparation or
processing of animal products for failing to comply
with regulations on health adopted by the Ministry of Health and hygiene
practices during the performance of such activities.”
14. Some Clauses of Article 24 are
amended as follows:
a) Clause 1 is amended as follows:
“1. A fine ranging from VND
1.000.000 to VND 2.000.000 shall be imposed for failing to arrange place for collecting and treating wastewater and waste matters
in a small animal market.”
b) Heading of
Clause 2 is amended as follows:
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15. Some Clauses of Article 27 are
amended as follows:
a) Clause 1 is amended as follows:
“1. A fine
ranging from VND 3.000.000 to VND 4.000.000 shall be imposed upon a small animal market or animal collecting
establishment for failing to have a certificate of veterinary hygiene or using
an expired one.”
b) Clause 4 is amended as follows:
“4. A fine ranging from VND
6.000.000 to VND 7.000.000 shall be imposed upon a cold
storage of fresh, prepared or processed animals/animal products or an establishment
performing testing, diagnosis or surgery for animals for
failing to hold a certificate of veterinary hygiene or
using an expired one.”
c) Clause 5 is amended as follows:
“5. A fine ranging from VND
8.000.000 to VND 10.000.000 shall be imposed upon a
specialized animal market, concentrated slaughterhouse,
or establishment preparing/processing animals/animal products for trading for failing to hold a Certificate of
veterinary hygiene or using an expired one.”
d) Clause 6 is amended as follows:
"6. Additional penalties:
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dd) Clause 7 is added as follows:
"7.
Remedial measures:
Enforced return of erased and/or
altered certificate of veterinary hygiene prescribed in
Clause 2 of this Article.”
16. Some Clauses of Article 28 are
amended as follows:
a) Clause 4 is amended as
follows:
"4. Additional penalties:
Confiscate the License to conduct the
testing of veterinary drugs if it is traded as prescribed
in Clause 2 of this Article.”
b) Clause 5 is added as follows:
"5. Remedial measures:
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17. Clause 1 Article 31 is amended as
follows:
“1. A fine ranging from VND
5.000.000 to VND 6.000.000 shall be imposed for commission of one of the
following violations:
a) Failing to have documents about each production
batch;
b) Failing to retain or inadequately retaining records of production of veterinary drugs
or veterinary drug ingredients containing narcotic
substances or precursors as prescribed;
c) Destroying retained records of production of veterinary drugs or veterinary drug
ingredients containing narcotic substances or precursors inconsistently
with regulations;
d) Failing to submit reports or submitting reports
containing inadequate information on results of production of veterinary
drugs containing narcotic substances or precursors
to competent authorities as prescribed.”
18. Some Clauses of Article 32 are
amended as follows:
a) Clause 6 is abrogated.
b) Clause 7 is added as follows:
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Enforced return of GMP Certificate in
case of commission of the violation in Clause 1 of this Article.”
19. Some Clauses of Article 33 are
amended as follows:
a) Point c is
added to Clause 1 as follows:
“c) Failing to
separately store veterinary drugs/veterinary
drug ingredients containing narcotic substances or precursors as
prescribed.”
b) Point b
Clause 3 is abrogated.
20. Some Clauses of Article 34 are
amended as follows:
a) Point c is added to Clause 1 as
follows:
“c) Failing to retain invoices relating the
trading of veterinary drugs containing narcotic substances or
precursors and prescriptions of veterinary drugs
containing narcotic substances or precursors after sale as prescribed.”
b) Clause 2 is amended as follows:
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a) Failing to notify competent authorities of
changes in location when trading veterinary drugs;
b) Failing to separately store
veterinary drugs containing narcotic substances or precursors as prescribed;
c) Failing to submit report or submitting a report
indicating wrong quantity of veterinary drugs containing narcotic
substances or precursors received, sold or recalled, or containing
inadequate information about buyers and using purposes to competent authorities
as prescribed.”
21. Article 35 is amended as follows:
a) Heading of Clause 1 is amended as
follows:
“1. A fine ranging from VND
2.000.000 to VND 4.000.000 shall be imposed for commission of one of the
following violations:”
b) Clause 6 is abrogated.
c) Clause 7 is amended as follows:
"7. Remedial measures:
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b) Enforced recall or destruction of
veterinary drugs if the violation in Clause 4 of this Article is committed.”
22. Some Clauses of Article 36 are
amended as follows:
a) Point b Clause 2 is abrogated;
b) Point c Clause 4 is amended as
follows:
“c) Selling a type of veterinary
drugs containing narcotic substances or precursors
to veterinary drug trading establishments that fail to
have certificate of eligibility to trade veterinary drugs
as prescribed or establishments that fail to have license for examination,
diagnosis, surgery or testing for animals, or buyers that fail to provide veterinary drug prescriptions as prescribed.”
c) Point c Clause 7 is amended as
follows:
“c) Enforced destruction of
veterinary drug ingredients, drug ingredients for human, drugs
for human or veterinary drugs containing narcotic
substances or precursors if the violation in Clause 4 of this
Article is committed.”
23. Some Clauses are added to Article
37 as follows:
a) Point d
Clause 2 is amended as follows:
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b) Clause 3 is amended as follows:
"3.
Remedial measures:
Enforced re-export or destruction of veterinary drugs, veterinary drugs
containing narcotic substances or precursors, veterinary
drug ingredients if the violation in Clause 2 of this Article is committed.”
24. Some Clauses of Article 38 are
amended as follows:
a) Point e and
Point g are added to Clause 2 as follows:
“e) Failing to store veterinary
drugs/veterinary drug ingredients containing narcotic
substances or precursors in separate warehouses/cabinets as prescribed;
storing them together with other drugs/drug ingredients, animal feeds, aquaculture feeds, animal or aquaculture feed ingredients and
other products;
g) Failing to submit reports or
submitting reports containing inadequate information on import of veterinary drugs containing narcotic substances or precursors to competent
authorities as prescribed.”
b) Clause 4 is abrogated.
c) Clause 5 is added as follows:
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a) Enforced return of certificate of
eligibility to import veterinary drugs if the violation in
Point c Clause 1 of this Article is committed.”
25. Some Clauses of Article 39 are
amended as follows:
a) Clause 1 is amended as follows:
“1. A fine ranging from
VND 10.000.000 to VND 15.000.000 shall be
imposed for importing a type of veterinary
drugs/veterinary drug ingredients that fail to meet quality standards declared
by the manufacturer.”
b) Clause 2a is added following
Clause 2 as follows:
“2a. A fine ranging from
VND 25.000.000 to VND 30.000.000
shall be imposed for selling a type of imported veterinary drugs containing narcotic substances or precursors to
veterinary drug trading establishments that fail to have certificate of
eligibility to trade veterinary drugs as prescribed or establishments that fail
to have license for examination, diagnosis, surgery or testing for animals.”
c) Clause 3 is amended as follows:
"3. Additional penalties:
a) Suspend the import of veterinary
drugs for 06 – 09 months if the violation in Clause 2 of this Article is
committed.
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d) Clause 4 is amended as follows:
"4. Remedial measures:
a) Enforced re-export or destruction of veterinary drugs/ veterinary
drug ingredients if the violation in Clause 1 of this Article is committed.
b) Enforced destruction of veterinary
drugs containing narcotic substances or precursors prescribed in Clause
2a of this Article.
c) Enforced transfer of illegal
benefits obtained from the violation in Clause 2a of this Article.”
26. Some Clauses of Article 41 are
amended as follows:
a) Clause 5 is amended as follows:
"5.
Additional penalties:
Confiscate documents, papers and
veterinary practicing certificate if any of the violations prescribed in Clause
2 and Clause 4 of this Article is committed.”
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"6. Remedial measures:
Enforced return of veterinary
practicing certificate if the violation in
Clause 1 of this Article is committed.”
27. Some Clauses of Article 43 are
amended as follows:
a) Point c
Clause 1 is amended as follows:
“c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 10.000.000;”
b) Point d Clause 2 is amended as
follows:
“d) Confiscate the exhibits and
instrumentalities used for committing administratvie violations;”
28. Some Clauses of Article 44 are
amended as follows:
a) Point c Clause 1 is amended as
follows:
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b) Heading of Clause 2 and Point d
Clause 2 are amended as follows:
“2. Chief Inspectors of
Provincial Departments of Agriculture and Rural Development, Directors of
Sub-departments performing the function of inspection of veterinary, aquatic
products, quality control of agricultural products, forest products and aquatic
products; Directors of Regional Animal Health Sub-departments and Regional Animal Quarantine Sub-departments
affiliated to Department of Animal Health; Directors of Agro-Forestry-Fisheries Quality Assurance Sub-department of
central region and Agro-Forestry-Fisheries Quality Assurance
Sub-department of southern region affiliated to the National
Agro-Forestry-Fisheries Quality Assurance Department; heads of specialized
inspections teams of Department of Animal Health, Directorate of Fisheries, 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 specialized inspection of
veterinary, aquatic products, quality control of agricultural products, forest
products and aquatic products shall have the power to:
“d) Confiscate the exhibits and
instrumentalities for committing administrative violations worth up to VND
50.000.000;”
c) Point d Clause 3 is amended as follows:
“d) Confiscate the exhibits and
instrumentalities for committing administrative violations worth up to VND
70.000.000;”
29. Some Clauses of Article 45 are
amended as follows:
a) Heading of Clause 2 is amended as
follows:
“2. Heads of company-level
Mobile Police Units, heads of stations, and team leaders in charge of managing
the soldiers mentioned in Clause 1 of this Article shall have the power to:”
b) Heading of Clause 3 and Point c
Clause 3 are amended as follows:
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c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 5.000.000;”
c) Heading of Clause 4 and Point d
Clause 4 are amended as follows:
“4. Heads of district-level
police agencies, heads of operations divisions affiliated
to the Traffic Police Department; heads of Investigation
Police Divisions for Corruption, Economic and Smuggling Crimes; heads of
Traffic Police Divisions; heads of Road and Railway Traffic Police Divisions;
heads of Road Traffic Police Divisions; heads of Waterway Police Divisions;
heads of Police Divisions for Prevention and Control of Environmental Crimes;
heads of Economic Security Divisions; Captains of Squadrons shall have the power to:
“d) Confiscate the exhibits and
instrumentalities for committing administrative violations worth up to VND
20.000.000;”
d) Point d Clause 5 is amended as
follows:
“d) Confiscate the exhibits and
instrumentalities used for committing administratvie violations;”
dd) Heading of Clause 6 is amended as
follows:
“6. Directors of Economic
Security Department, Police Department for Investigation into Corruption,
Economic and Smuggling Crimes, Traffic Police
Department, and Police Department for Prevention and Control of Environmental
Crimes shall have the power to:”
30. Some Clauses of Article 46 are amended
as follows:
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“2a. Leaders of Task Force
Teams for drug and crime prevention and control which are put under the control
of Task Force Commissions for drug and crime prevention and control shall have
the power to:
a) Issue warning;
b) Impose a fine up to VND 5.000.000;
c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 10.000.000;
d) Enforce the remedial measures
mentioned in Points a, c and dd Clause 1 Article 28 of the Law on penalties
for administrative violations.”
b) Heading of Clause 3 and Point c
Clause 3 are amended as follows:
“3. Heads of Border Guard
Posts, Captains of Naval Border Guard Flotillas and Commanders of Border Guard
Commands at port border gates shall have the power to:
c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 20.000.000;”
c) Clause 3a is added following
Clause 3 as follows:
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a) Issue warning;
b) Impose a fine up to VND 25.000.000;
c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 50.000.000;
d) Enforce the remedial measures
mentioned in Points a, c and dd Clause 1 Article 28 of the Law on Penalties for
Administrative Violations and the remedial measures mentioned in Clause 3
Article 3 of this Decree."
d) Heading of Clause 4 and Point dd Clause 4 are amended as follows:
“4. Commanders of
Provincial-level Border Guard Forces, Captains of Naval Border Guard Squadrons,
and Director of the Department of Drug and Crime Prevention and Control
affiliated to the Command of Border Guards shall have the power to:
dd) Enforce the remedial measures
mentioned in Points a, c, d, dd and i Clause 1 Article 28 of the Law on
Penalties for Administrative Violations and the remedial measures mentioned in
Clause 3 Article 3 of this Decree.”
31. Some Clauses of Article 47 are
amended as follows:
a) Point c Clause 4 is amended as
follows:
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b) Heading of Clause 5 and Point c
Clause 5 are amended as follows:
“5. Captains of Naval Border
Guard Squadrons; Heads of Reconnaissance Commissions; Heads of Task Force
Commissions for Drug Crime Prevention and Control under the control of the
Command of Coast Guard of Vietnam shall have the power to:
c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 30.000.000;”
c) Clause 6 is amended as follows:
“6. Regional Commands of Coast
Guard and Director of the Department of Operations and Legislation under the
control of the Command of Coast Guard of Vietnam shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 25.000.000;
c) Suspend license/practicing
certificate for a fixed period;
d) Confiscate the exhibits and
instrumentalities used for committing administratvie violations;
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d) Heading of Clause 7 is amended as
follows:
“7. Commander of Vietnam Coast
Guard shall have the power to:”
32. Some Clauses of Article 48 are
amended as follows:
a) Heading of Clause 2 is amended as
follows:
“2. Team Leaders, Group Leaders
of Customs Sub-departments; Leaders of Groups in Control Teams affiliated to
provincial, inter-provincial or municipal Customs Departments; Leaders of Teams
in Post-clearance Inspection Sub-departments, shall have the power to:”
b) Heading of Clause 3 and Point c
Clause 3 are amended as follows:
“3. Directors of Customs
Sub-departments; Directors of Post-clearance Inspection Sub-departments;
Leaders of Control Teams of provincial, inter-provincial or municipal Customs
Departments; Leaders of Criminal Investigation Teams; Leaders of Smuggling
Control Teams; Captains of Maritime Control Flotillas and Leaders of
Anti-smuggling, Counterfeit Product Control and Intellectual Property Teams
affiliated to the Smuggling Investigation and Prevention Department; Directors
of Post-clearance Inspection Sub-departments affiliated to the Post-clearance
Inspection Department shall have the power to:
c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 50.000.000;”
c) Point d Clause 4 is amended as
follows:
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33. Some Clauses of Article 49 are
amended as follows:
a) Heading of Clause 2 and Point c Clause 2 are amended as follows:
“2. Leaders of Market
Surveillance Teams and Heads of Professional Divisions under the control of the
Departments of Market Surveillance Operations shall have the power to:
c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 50.000.000;”
b) Point c Clause 3 is amended as
follows:
“c) Confiscate the exhibits and
instrumentalities for committing administratvie violations;”
34. Clause 4 Article 50 is amended as
follows:
“4. Competent persons of
Customs Authorities 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 2 Article 13, Article 14,
Article 15, Article 16, Article 18, Article 19; Clause 2 Article 37; Clause 3
Article 38; Clause 1 Article 39 of this Decree within the ambit of their assigned functions, tasks and power.”
35. The phrase “cơ quan tiến hành tố
tụng có quyết Dịnh không khởi tố vụ án hình sự, quyết Dịnh hủy bỏ quyết Dịnh khởi
tố vụ án hình sự, quyết Dịnh Dình chỉ Diều tra hoặc quyết Dịnh Dình chỉ vụ án”
(“the criminal procedure-conducting agency has issued a decision not to
institute criminal proceedings, a decision on annulment of the decision to
institute criminal proceedings, a decision to terminate investigation or a
decision to dismiss the lawsuit”) is replaced with the phrase “cơ quan có thẩm
quyền tiến hành tố tụng hình sự có quyết Dịnh không khởi tố vụ án hình sự, quyết
Dịnh hủy bỏ quyết Dịnh khởi tố vụ án hình sự, quyết Dịnh Dình chỉ Diều tra, quyết
Dịnh Dình chỉ vụ án hoặc quyết Dịnh Dình chỉ vụ án Dối với bị can, miễn trách
nhiệm hình sự theo bản án” (“the agency vested with authority to institute
criminal procedure has issued a decision not to institute criminal proceedings,
a decision on annulment of the decision to institute criminal proceedings, a
decision to terminate investigation, a decision to dismiss the lawsuit, or a
decision to dismiss the lawsuit against the suspect or to grant exemption from
criminal liability according to judgments”) in Clause 5b
Article 6; Points 5b, 6b, 7b Article 8; Point b Clause 7, Point b Clause 8 Article 33; Point b Clause
3, Point b Clause 5 Article 36.
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1. Some Clauses of Article 4 are
amended as follows:
a) Point b
Clause 2 is amended as follows:
“b)
Confiscate the exhibits of administratvie violations.”
b) Point s is added to Clause 3 as follows:
“s) Enforced return of erased/altered
certificate of training in artificial insemination or embryo transfer
procedure; license to import or export animal breed; certificate of eligibility
to manufacture animal feed; certificate of eligibility to run large-scale
animal farming facility to the issuing authority.”
2. Some Clauses of Article 13 are
amended as follows:
a) Clause 3 is amended as follows:
"3.
Additional penalties
Suspend the certificate of training in artificial
insemination or embryo transfer procedure for a fixed period of 03 - 06 months
if the violation in Point a Clause 1 of this Article is committed.”
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"4. Remedial measures:
Enforced return of erased/altered certificate of
training in artificial insemination or embryo transfer procedure; license to
import or export animal breed to the issuing authority or person if the
violation in Clause 2 of this Article is committed”.
3. Some Clauses of Article 14 are
amended as follows:
a) Clause 8 is amended as follows:
"8.
Additional penalties
Suspend animal feed
manufacturing activities for a fixed period of 01 – 03 months if any of the violations prescribed in Clause 3 and Clause 5 of this Article
is committed.”
b) Clause 9 is amended as follows:
"9.
Remedial measures
a) Enforced recall and repurposing of the sold
animal feed products if any of the violations in Clauses 3, 5, 6 and 7 of this Article
is committed;
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4. Clause 2 Article 17 is amended as
follows:
“2. A fine ranging from
VND 2.000.000 to VND 4.000.000 shall
be imposed for using animal feed selling or storage facilities that are not
separated or are polluted with pesticides, fertilizers or other toxic
chemicals.”
5. Point d is added to Clause 8 Article 26 as follows:
“d) Enforced return of
erased/altered certificate of eligibility to run large-scale animal
farming facility to the issuing authority if the violation in
Clause 3 of this Article is committed.”
6. Some Clauses of Article 37 are
amended as follows:
a) Point a and Point b Clause 1 are amended as follows:
“a) Impose a fine up to VND
5.000.000;
b) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 10.000.000;”
b) Point a, Point c and Point d Clause 2 are amended as follows:
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c) Confiscate the exhibits of
administratvie violations;
d) Enforce the remedial measures
mentioned in Points a, b, c, dd, g, h, i, k, l, m, n, o, p, q, r and s Clause 3
Article 4 of this Decree.”
c) Point a Clause 3 is amended as
follows:
“a) Impose a fine up to VND
100.000.000;”
7. Some Clauses of Article 38 are
amended as follows:
a) Point a and Point b Clause 1 are
amended as follows:
“a) Impose a fine up to VND
500.000;
b) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 1.000.000;”
b) Point a and Point
b Clause 2 are amended as follows:
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b) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 1.000.000;”
c) Point a and Point
b Clause 3 are amended as follows:
“a) Impose a fine up to VND
500.000;
b) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 1.000.000;”
d) Point a, Point c and Point d
Clause 4 are amended as follows:
“a) Impose a fine up to VND
50.000.000;
c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 100.000.000;
d) Enforce the remedial measures
mentioned in Points a, b, c, d, dd, e, g, h, i, k, l, m, n, o, p, q, r and s Clause 3 Article 4 of this
Decree.”
dd) Heading of Clause 5, Point a and Point b Clause 5 are amended as follows:
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a) Impose a fine up to VND
50.000.000;
b) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 100.000.000;”
e) Heading of Clause 6, Point a and
Point b Clause 6 are amended as follows:
“6. Directors of
Sub-departments performing the function of inspection of quality control of
agricultural products, forest products and aquatic products; Directors
of Agro-Forestry-Fisheries Quality Assurance
Sub-department of central region and Agro-Forestry-Fisheries
Quality Assurance Sub-department of southern region affiliated to the National Agro-Forestry-Fisheries Quality Assurance Department;
heads of specialized inspections teams of the National Agro-Forestry-Fisheries
Quality Assurance Department shall have the power to:
a) Impose a fine up to VND
50.000.000;
b) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 100.000.000;”
g) Heading of Clause 7, Point a and Point c Clause 7 are amended as follows:
“7. Directors of
Regional Animal Health Sub-departments and Regional Animal
Quarantine Sub-departments affiliated to Department of Animal
Health; heads of specialized inspection teams of the Department
of Animal Health shall have the power to:”.
a) Impose a fine up to VND
50.000.000;
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h) Point a and Point c Clause 8 are amended as follows:
“a) Impose a fine up to VND
70.000.000;
c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 140.000.000;”
i) Point a Clause 9 is amended as
follows:
“a) Impose a fine up to VND
100.000.000;”
k) Point a Clause 10 is amended as
follows:
“a) Impose a fine up to VND
100.000.000;”
l) Point a Clause 11 is amended as
follows:
“a) Impose a fine up to VND
100.000.000;”
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“a) Impose a fine up to VND
100.000.000;”
8. Some Clauses of Article 39 are
amended as follows:
a) Clause 1, Clause 2 and Clause 3
are amended as follows:
“1. On-duty soldiers of
people’s police forces shall have the power to impose a fine up to VND 500.000.
2. Heads of stations and leaders of
the soldiers mentioned in Clause 1 of this Article shall have the power to
impose a fine up VND 1.500.000.
3. Communal-level Police Chiefs,
Heads of Police Posts, Heads of Police Stations at border gates, export
processing zones, Heads of International Airport Police Offices, and Captains
of Squadrons shall have the power to:
a) Impose a fine up to VND 2.500.000;
b) Confiscate the exhibits and instrumentalities
for committing violations worth up to VND 5.000.000;”
b) Heading of Clause 4, Point a,
Point c and Point d Clause 4 are amended as follows:
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a) Impose a fine up to VND
20.000.000;
c) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 40.000.000;”
d) Enforce the remedial measures
mentioned in Points a, c, dd, g, h, i, n, p, q, r and s Clause 3 Article 4 of
this Decree.”
c) Point a, Point c and Point d
Clause 5 are amended as follows:
“a) Impose a fine up to VND
50.000.000;
c) Confiscate the exhibits of
administratvie violations;
d) Enforce the remedial measures mentioned
in Points a, c, dd, g, h, i, m, n, p, q, r and s Clause 3
Article 4 of this Decree.”
d) Point a, Point
d and heading of Clause 6 are amended as
follows:
“6. Directors of Police
Department for Prevention and Control of Environmental Crimes, Traffic Police Department, Economic Security Department, and Police Department for Investigation into Corruption, Economic and
Smuggling Crimes shall have the power to:
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d) Enforce the remedial measures
mentioned in Points a, c, dd, g, h, i, m, n, p, q, r and s Clause 3 Article 4
of this Decree.”
9. Some Clauses of Article 40 are
amended as follows:
a) Clause 1, Clause 2 and Clause 3
are amended as follows:
“1. Coast guard officers on
duty shall have the power to impose a fine up to VND 1.500.000.
2. Coastguard team leaders shall have
the power to impose a fine up to VND 5.000.000;
3. Coastguard squad leaders and
captains of coastguard stations shall have the power to impose a fine up
to VND 10.000.000.”
b) Clause 4 is amended as follows:
“4. Commanders of coastguard
platoons shall have the power to:
a) Impose a fine up to VND
20.000.000;
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c) Impose the remedial measures mentioned
in Points c, d, dd, g and s Clause 3 Article 4 of this
Decree.”
c) Clause 5 is amended as follows:
“5. Commanders in chief of
coastguard squadrons shall have the power to:
a) Impose a fine up to VND
30.000.000;
b) Confiscate the exhibits and instrumentalities
for committing violations worth up to VND 60.000.000;
c) Impose the remedial measures
mentioned in Points c, d, dd, g and s Clause 3 Article 4 of this Decree.”
d) Clause 6 is amended as follows:
“6. Regional Commands of Coast
Guard and Director of the Department of Operations and Legislation under the
control of the Command of Coast Guard of Vietnam shall have the power to:
a) Impose a fine up to VND
50.000.000;
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c) Impose the remedial measures
mentioned in Points c, d, dd, g and s Clause 3 Article 4 of this Decree.”
dd) Point a and Point d Clause 7 are amended as follows:
“a) Impose a fine up to VND
100.000.000;
d) Impose the remedial measures
mentioned in Points c, d, dd, g and s Clause 3 Article 4 of this Decree.”
10. Some Clauses of Article 41 are
amended as follows:
a) Clause 1, Clause 2 and Clause 3
are amended as follows:
“1. On-duty soldiers of border
guard forces shall have the power to 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 impose a
fine up to VND 2.500.000.
3. Heads of border-guard posts,
commanders of border-guard flotillas and commanders of port border guards shall
have the power to:
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b) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 40.000.000;
c) Impose the remedial measures
mentioned in Points c, d, dd, g and s Clause 3 Article 4 of this Decree.”
b) Point a, Point d Clause 4 are amended as follows:
“a) Impose a fine up to VND
100.000.000;
d) Impose the remedial measures
mentioned in Points c, d, dd, g, m and s Clause 3 Article
4 of this Decree.”
11. Some Clauses of Article 42 are
amended as follows:
a) Clause 1 and Clause 2 are amended
as follows:
“1. On-duty customs
officials shall have the power to impose a fine up to VND
500.000.
2. Team Leaders, Group Leaders of
Customs Sub-departments; Leaders of Groups in Control Teams affiliated to
provincial, inter-provincial or municipal Customs Departments; Leaders of Teams
in Post-clearance Inspection Sub-departments, shall have the power to
impose a fine up to VND 5.000.000”.
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“3. Directors of Customs
Sub-departments; Directors of Post-clearance Inspection Sub-departments;
Leaders of Control Teams of provincial, inter-provincial or municipal Customs
Departments; Leaders of Criminal Investigation Teams; Leaders of Smuggling
Control Teams; Captains of Maritime Control Flotillas and Leaders of
Anti-smuggling, Counterfeit Product Control and Intellectual Property Teams
affiliated to the Smuggling Investigation and Prevention Department; Directors
of Post-clearance Inspection Sub-departments affiliated to the Post-clearance
Inspection Department shall have the power to:
a) Impose a fine up to VND
25.000.000;
b) Confiscate the exhibits and
instrumentalities for committing violations worth up to VND 50.000.000;
c) Impose the remedial measures
mentioned in Points b, c, d, dd, g, m
and s Clause 3 Article 4 of this Decree.”
c) Point a, Point c and Point d
Clause 4 are amended as follows:
“a) Impose a fine up to VND
50.000.000;
c) Confiscate the exhibits of
administratvie violations;
d) Impose the remedial measures
mentioned in Points b, c, d, dd, g, m and s Clause 3
Article 4 of this Decree.”
d) Clause 5 is amended as follows:
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a) Impose a fine up to VND
100.000.000;
b) Confiscate the exhibits of administratvie
violations;
c) Impose the remedial measures
mentioned in Points b, c, d, dd, g, m and s Clause 3 Article 4 of this Decree.”
12. Some Clauses of Article 43 are
amended as follows:
a) Clause 1 is amended as follows:
“1. Market controllers on duty
shall have the power to impose a fine up to VND 500.000.”
b) Heading of Clause 2, Point a and
Point b Clause 2 are amended as follows:
“2. Leaders of Market
Surveillance Teams and Heads of Professional Divisions under the control of the
Departments of Market Surveillance Operations shall have the power to:
a) Impose a fine up to VND
25.000.000;
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c) Point a and Point
c Clause 3 are amended as follows:
“a) Impose a fine up to VND
50.000.000;
c) Confiscate the exhibits of
administratvie violations;”
d) Point a Clause 4 is amended as
follows:
“a) Impose a fine up to VND
100.000.000;”
13. Some Clauses of Article 44 are
amended as follows:
a) Point b Clause 1 is amended as
follows:
“b) Chairpersons of
District-level People’s Committees shall
have the power to impose penalties for the administrative violations specified
in Articles 6 through 11, Articles 13 through 20, Articles 22 through
27, Clauses 1, 2 and 3 Article 28, Articles 29 through 33, and Article 35 of
this Decree;”
b) Point a, Point b, Point c, Point d and Point dd Clause 2 are amended as follows:
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a) Chief inspectors of Provincial Departments of
Agriculture and Rural Development, Directors of Sub-departments performing the
function of inspection of animal husbandry and veterinary medicine; heads of
specialized inspection teams of the Department of Livestock Production; heads
of specialized inspection teams of Provincial Departments of Agriculture and
Rural Development; heads of specialized inspection teams of Sub-departments
performing the function of inspection of animal husbandry and veterinary
medicine shall have the power to impose penalties for administrative violations
specified in Articles 6 through 27, Clauses 1, 2 and 3 Article 28, Articles 29
through 33, and Article 35 of this Decree;
b) Heads of specialized inspection
teams in animal husbandry sector established by the Ministry
of Agriculture and Rural Development shall have the power to impose penalties
for the administrative violations specified in Articles 6 through 27,
Clauses 1, 2 and 3, Point a Clause 4 Article 28, Articles 29 through 33, and
Article 35 of this Decree;
c) Director of Plant Protection
Department; Directors of Regional Plant Protection Sub-departments
affiliated to the Plant Protection Department; Directors
of Sub-departments performing the function of inspection of plant protection;
heads of specialized inspection teams of the Plant Protection
Department shall have the power to impose penalties for
the administrative violations specified in Clause 3, Point b Clause 4,
Clause 5 and Clause 6 Article 17, Article 19, Clause 1 and Clause 2 Article 20,
Article 22 of this Decree;
d) Director of the National
Agro-Forestry-Fisheries Quality Assurance Department; Directors
of Sub-departments performing the function of inspection of quality control of
agricultural products, forest products and aquatic products; Directors of
Agro-Forestry-Fisheries Quality Assurance Sub-department of central region and
Agro-Forestry-Fisheries Quality Assurance Sub-department of southern region
affiliated to the National Agro-Forestry-Fisheries Quality Assurance
Department; heads of specialized inspections teams of the National
Agro-Forestry-Fisheries Quality Assurance Department shall have the power to
impose penalties for the administrative violations specified in Clause 4
Article 29 and Article 35 of this Decree;
dd) Director of Department of Animal Health; heads
of specialized inspection teams of the Department of Animal Health; Directors
of Regional Animal Health Sub-departments; Directors of Regional Animal
Quarantine Sub-departments shall have the power to impose
penalties for the administrative violations specified in Clause 3, Point b Clause 4, Clause 5 and Clause 6 Article 17; Article 19; Clause 1
and Clause 2 Article 20; Article 22; Article 29 and Article
35 of this Decree.”
c) Clause 3 is amended as follows:
“3. Power to impose
administrative penalties of People’s Police Forces:
a) Communal-level Police Chiefs,
Heads of Police Posts, Heads of Police Stations at border gates, export
processing zones, Heads of International Airport Police Offices, and Captains of
Squadrons shall have the power to impose penalties for the administrative
violations specified in Clause 1 Article 29 of this Decree;
b) Heads of district-level police
agencies, heads of professional divisions of the Traffic Police Department;
heads of provincial-level police departments, including Police Divisions for Prevention and Control of
Environmental Crimes, Economic Security Divisions, Investigation Police
Divisions for Corruption, Economic and Smuggling Crimes, and Captains of
Squadrons, shall have the power to impose penalties for
the administrative violations specified in Clause 1
Article 6; Clause 1 Article
7; Clause 2 Article 13; Clause 4 Article 14; Point
a, Point b Clause 3, Clause
4 and Clause 5 Article 17; Clause 2 Article 20; Point
c Clause 3 Article 22; Article
24; Point b Clause 1, Clause
2 and Clause 3 Article 25; Point c Clause 1, Clause 3, Point
a Clause 4 and Clause 5 Article 26; Clause 3 Article 27; Clause 3 Article 28, Clause 1, Clause 3 and Point
a, Point b Clause 4 Article 29; Article 30; Article 31; Point b Clause 2 and Clause 3 Article 32 of
this Decree;
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d) Director of the Police
Department for Prevention and Control of Environmental Crimes; Director of
Traffic Police Department; Director of Economic Security
Department; and Director of the Police
Department for Investigation into Corruption, Economic and
Smuggling Crimes shall have the power to impose penalties for the
administrative violations specified in Article 6; Article 7; Clause 2 Article
13; Clauses 4, 5, 6 and 7 Article 14; Point a, Point b Clause 3, Clause 4 and
Clause 5 Article 17; Clause 1 and Clause 2 Article 20; Point c Clause 3, Clause
4 and Clause 5 Article 22; Article 24; Point b Clause 1, Clause 2 and
Clause 3 Article 25; Point c Clause 1, Clauses 3, 4, 5 and 6 Article 26; Clause
3 Article 27; Clause 3 and Clause 4 Article 28; Clauses 1,
3 and 4 Article 29; Article 30; Article 31; Clause 2 and Clause 3 Article 32;
Clause 5 Article 33; Point b Clause 1 and Clause 2 Article 35 of this Decree.”.
d) Point a, Point b and Point c Clause 4 are amended as follows:
“a) Commanders of coastguard
platoons shall have the power to impose penalties for the administrative
violations specified in Article 8; Point b Clause 2
Article 13; Point b Clause 4 Article 17; Clause 2 Article 20; Point c Clause 3
Article 22; Point b Clause 2 and Point b Clause 3 Article
32 of this Decree;
b) Commanders in chief of coastguard
squadrons shall have the power to impose penalties for the administrative
violations specified in Article 8; Point b Clause 2 Article 13; Point b Clause
4 Article 17; Points a, b, c, d, dd,
e, g, h, i, k and l Clause 1, Clause 2 Article 20; Points c Clause 3, Clause 4 and Clause 5 Article 22;
Point b Clause 2 and Point b Clause 3 Article 32
of this Decree;
c) Regional Commands of Coast Guard,
Director of the Department of Operations and Legislation under
the control of the Command of Coast Guard of Vietnam shall have the power to
impose penalties for the administrative violations specified in
Clause 2 Article 7, Article 8; Point b Clause 2 Article 13; Point b Clause 4 Article
17; Clause 2 Article 20; Point c Clause 3, Clause 4 and
Clause 5 Article 22; Point b Clause 2 and Point b Clause 3
Article 32; Point b Clause 1 and Clause 2 Article 35 of
this Decree;”
dd) Point a Clause 5 is amended as
follows:
“a) Heads of Border Guard Posts, Captains of Naval Border Guard Flotillas
and Commanders of Border Guard Commands at port border gates shall have
the power to impose penalties for the administrative violations specified in
Article 8; Point b Clause 2 Article 13; Point b Clause 4 Article 17; Points a,
b, c, d, dd, e, g, h, i and k Clause 1, Clause 2 Article
20; Points c Clause 3 Article 22; Point b Clause 2 and Point b Clause 3
Article 32 of this Decree;”.
e) Point a and Point
c Clause 6 are amended as follows:
“a) Directors of Customs
Sub-departments; Directors of Post-clearance Inspection Sub-departments;
Leaders of Control Teams of provincial, inter-provincial or municipal Customs
Departments; Leaders of Criminal Investigation Teams; Leaders of Smuggling
Control Teams; Captains of Maritime Control Flotillas and Leaders of
Anti-smuggling, Counterfeit Product Control and Intellectual Property Teams
affiliated to the Smuggling Investigation and Prevention Department; Directors
of Post-clearance Inspection Sub-departments affiliated to the Post-clearance
Inspection Department shall have the power to impose penalties for the
administrative violations specified in Article 8, Point b Clause 2 Article 13, Point b Clause 4 Article 17, Article 19, Points a, b, c, d, dd, e, g, h, i and k Clause 1, Clause 2 Article 20; Clauses 1, 2,
3 and 4 Article 22; Point b Clause 1, Point b Clause 2 and Point b Clause 3 Article 32 of this Decree;
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g) Point a Clause 7 is amended as follows:
“a) Leaders of Market
Surveillance Teams and Heads of Professional Divisions under the control of the
Departments of Market Surveillance Operations shall have the power to
impose penalties for the administrative violations specified in Clause 1
Article 7; Clause 4 Article 9; Clause 2 and Clause 4
Article 10; Article 11; Clause 1, Clause 2 and Point a
Clause 4 Article 17; Article 18; Point a, b, c, d, dd, e,
g, h, i and k Clause 1, Clause 2 Article 20; Clause 1,
Point a and Point b Clause 2, Point b and Point c Clause 3, Clause 4 Article 22; Point a Clause 1, Point a
Clause 2 and Point a Clause 3 Article 32 of this
Decree;”
14. Article 45a is added following
Article 45 as follows:
“Article 45a. Implementing
the remedial measure that is enforced return of
erased/altered certificate of training in artificial insemination or embryo
transfer procedure; license to import or export animal breed; certificate of
eligibility to manufacture animal feed; certificate of eligibility to run
large-scale farming facility (hereinafter referred
to as “license”)
The violating entity shall submit the
erased or altered license to the person issuing the penalty imposition
decision. If the official issuing the penalty imposition decision is not the
licensing official or authority, within 05 business days from the issue date of
the penalty imposition decision, the official issuing the penalty imposition
decision shall send a notice of imposition of the remedial measure that is
enforced return of erased or altered license to the licensing authority (unless
such license is issued by a competent authority of foreign country).”
15. The phrase “cơ quan tiến hành tố
tụng có quyết Dịnh không khởi tố vụ án hình sự, quyết Dịnh hủy bỏ quyết Dịnh khởi
tố vụ án hình sự, quyết Dịnh Dình chỉ Diều tra hoặc quyết Dịnh Dình chỉ vụ án”
(“the criminal procedure-conducting agency has issued a decision not to
institute criminal proceedings, a decision on annulment of the decision to
institute criminal proceedings, a decision to terminate investigation or a
decision to dismiss the lawsuit”) is replaced with the phrase “cơ quan có thẩm
quyền tiến hành tố tụng hình sự có quyết Dịnh không khởi tố vụ án hình sự, quyết
Dịnh hủy bỏ quyết Dịnh khởi tố vụ án hình sự, quyết Dịnh Dình chỉ Diều tra, quyết
Dịnh Dình chỉ vụ án hoặc quyết Dịnh Dình chỉ vụ án Dối với bị can, miễn trách
nhiệm hình sự theo bản án” (“the agency vested with authority to institute
criminal procedure has issued a decision not to institute criminal proceedings,
a decision on annulment of the decision to institute criminal proceedings, a
decision to terminate investigation, a decision to dismiss the lawsuit, or a
decision to dismiss the lawsuit against the suspect or to grant exemption from
criminal liability according to judgments”) in Clause 5 Article 22, Clause 2 Article 23, and
Point b Clause 4 Article 28.
16. Clause 7 Article 26 is
abrogated.
Article 5. Effect
This Decree comes into force from
January 10, 2022.
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Regulations herein shall apply to the
administrative violations which have been committed before the effective date
of this Decree but have been detected afterwards or put under consideration if
this Decree does not provide for legal liability or impose less serious legal
liability.
Article 7.
Responsibility for implementation
Ministers, heads of ministerial
agencies, heads of Governmental agencies, Chairpersons of
People’s Committees of provinces or central-affiliated cities shall
instruct and implement this Decree.
ON BEHALF OF
THE GOVERNMENT
PP. THE PRIME MINISTER
DEPUTY PRIME MINISTER
Le Van Thanh