GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 14/2021/ND-CP
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Hanoi, March 1,
2021
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DECREE
REGULATING
PENALTIES FOR ADMINISTRATIVE OFFENCES INVOLVING ANIMAL HUSBANDRY
Pursuant to the Law on Government Organization
dated June 19, 2015; the Law on Amending and Supplementing certain Articles of
the Law on Government Organization and the Law on Local Government Organization
dated November 22, 2019;
Pursuant to the Law on Administrative Penalties
dated June 20, 2012;
Pursuant to the Law on Animal Husbandry dated
November 19, 2018;
At the request of the Minister of Agriculture
and Rural Development;
The Government hereby promulgates the Decree,
prescribing penalties for administrative offences involving animal husbandry.
Chapter I
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Article 1. Scope
1. This Decree prescribes types of administrative
offences, sanctioning forms, fine amounts and remedies, authority to issue
notices of offence and authority to issue sanction decisions for administrative
offences involving animal husbandry.
2. Other offences involving animal production that
are not covered by this Decree shall be sanctioned under relevant regulations of
other Decrees of the Government on sanctioning administrative offences
involving state management activities.
Article 2. Subjects of
application
1. This Decree shall apply to organizations and
individuals committing administrative offences involving animal production
activities within the territory of Vietnam.
2. Entities or organizations stated in clause 1 of
this Article shall comprise:
a) Economic organizations established under the Law
on Enterprises;
b) Economic organizations established under regulations
of the Law on Cooperatives;
c) Economic organizations established under
regulations of the Law on Investment;
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dd) Public service units and other organizations
prescribed by laws.
3. Persons or individuals stated in clause 1 that
are not prescribed in clause 2 of this Article.
Article 3. Statute of
limitations for imposition of administrative penalties
Statute of limitations for imposition of penalties
for administrative offences involving the animal husbandry shall be 01 year,
while the statute of limitations for those involving the production, sale,
importation and exportation of animal species, animal feed, animal waste
treatment products, animal products, products from live animals shall be 02
years.
Article 4. Sanctioning forms
and remedies
1. For each act of administrative offences
involving the animal husbandry, violating organizations and individuals shall
be mainly sanctioned in the form of fine.
2. Depending on the nature and severity of an
administrative offence, the violating individual or organization may be
sanctioned in one or multiple forms of supplementary penalties as follows:
a) Temporary forfeiture of the rights to use
Certificates of training in artificial insemination and embryo transfer
techniques or temporary suspension of business activities;
b) Seizure of material evidences of administrative
violations; confiscation of certificates of eligibility for production of
animal feed; certificates of eligibility for animal production, certificates of
training in artificial insemination and embryo transfer techniques; animal
breed import and export permits on which information has been erased, altered
or falsified.
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a) Compulsory recall of animal breeds, animal breed
products, animal feed, and animal waste treatment products;
b) Compulsory recycling of animal breeds, animal
waste treatment products;
c) Compulsory change of use of animal feed, animal
breeds, animal breed products, animal products and animal waste treatment
products;
d) Compulsory re-exportation of animal feed, animal
breeds, animal breed products, animal waste treatment products, animal
products, animals raised for food;
dd) Compulsory destruction of banned substances,
materials not on the List of ingredients permitted to be used as animal feed,
animal feed products, livestock breeds, animals, animal breed products, and
animal waste treatment products, animal products;
e) Compulsory cancellation of results of testing of
animal feed and animal waste treatment products; compulsory cancellation of
results of testing and inspection of animal strains and breeds;
g) Compulsory modification of information about
batches of animal feed products, animal waste treatment products shown on
product labels or attached technical documents;
h) Cancellation of information about animal feed
products that is published on the National Single-Window Portal and the Web
Portal of the Ministry of Agriculture and Rural Development;
i) Compulsory application of remedies for the
environmental pollution and mandatory reporting on the results of
implementation of remedies for consequences arising from offences according to
regulations;
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l) Compulsorily using domesticated animals for
right import purposes;
m) Compelling the disgorgement of illegal gains
from commission of administrative offences;
n) Compulsory return of swiftlets to the wild;
o) Compulsory application of the prescribed noise
reduction methods;
p) Compelling the relocation of domestic animals
and animal farms out of areas not permitted to raise livestock according to
regulations;
q) Compelling the thermal treatment of animals
involved in offences in accordance with regulations;
r) Compelling the downsizing of animal production
to meet prescribed distancing requirements.
Article 5. Regulations on fine
amounts and sanctioning authority
1. The maximum amount of fine imposed for an
administrative offence arising from animal production activities shall be
subject to laws on handling of administrative violations.
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3. Sanctioning authority delegated to officeholders
specified in Chapter III herein shall be the same as the authority to sanction
an administrative offence committed by individuals. In case of imposition of a
fine, authority to impose such fine on a violating entity shall be 02 times
higher than that on a violating individual.
Chapter II
TYPES OF ADMINISTRATIVE
OFFENCES, SANCTIONING FORMS AND REMEDIES
Section 1. ADMINISTRATIVE
OFFENCES AGAINST REGULATIONS ON LIVESTOCK BREEDS
Article 6. Administrative
offences against regulations on collection, conservation, use and development
of farm animal genetic resources
1. Imposing the fine ranging from 15,000,000 dong
to 20,000,000 dong for the act of using genetic resources of farm animals on
the List of animal species in need of conservation in contravention of the
activities approved by competent state authorities.
2. Imposing the fine ranging from 20,000,000 dong
to 25,000,000 dong for the act of using genetic resources of farm animals on
the List of animal species in need of conservation without consents from
competent state authorities.
3. Imposing the fine ranging from 25,000,000 dong
to 30,000,000 dong for killing, buying, selling, destroying, exporting or using
genetic resources of newly discovered animal breeds although none of results of
verification and assessment conducted by competent state authorities is
obtained yet.
4. Imposing the fine ranging from 30,000,000 dong
to 40,000,000 dong for the act of destroying and appropriating farm animal
genetic resources.
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6. Supplemental penalties
Confiscating exhibits involved in the
administrative offences referred to in clause 1, 2, 3, 4 and 5 of this Article.
Article 7. Offences against
regulations on precious and rare animal breeds prohibited from importation;
exchange of genetic resources of precious and rare animal breeds
1. Imposing the fine ranging from 15,000,000 dong
to 20,000,000 dong for the act of exchanging rare and precious animal breeds in
contravention of those permitted by the Minister of Agriculture and Rural
Development.
2. Imposing the fine ranging from 20,000,000 dong
to 30,000,000 dong for the act of exporting or internationally exchanging
animal breeds and animal breed products on the List of animal breeds banned
from exportation for scientific research, exhibition or advertising purposes in
contravention of those permitted by competent state authorities.
3. Imposing the fine ranging from 40,000,000 dong
to 50,000,000 dong for one of the following offences:
a) Exchanging genetic resources of rare and
precious animal breeds without consents from the Minister of Agriculture and
Rural Development;
b) Exporting or internationally exchanging animal
breeds and animal breed products on the List of animal breeds banned from
exportation for scientific research, exhibition or advertising purposes without
consent from competent state authorities.
4. Supplemental penalties
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Article 8. Offences against
regulations on importation of animal breeds or animal breed products
1. Imposing the fine ranging from 5,000,000 dong to
10,000,000 dong for the act of importing animal breeds or animal breed products
without the certification of their quality, or breeding, reproduction or
propagation purposes by competent authorities or organizations accredited by
competent authorities of exporting countries.
2. The fine ranging from 10,000,000 dong to
15,000,000 dong shall be imposed for one of the following offences:
a) Importing sperm or embryos produced by the same
individual from the second time onwards without prior written notice to the
Ministry of Agriculture and Rural Development;
b) Importing male breeders of the same breed from
the same producer from the second time onwards without prior written notice to
the Ministry of Agriculture and Rural Development.
3. Imposing the fine ranging from 15,000,000 dong
to 20,000,000 dong for the act of importing male breeders, sperm or embryos of
cattle for the first time into Vietnam without consent from competent state
authorities.
4. Remedies
a) Compelling the re-exportation of animal breeds
and animal breed products involved in the offences specified in Clause 1 of
this Article; in case of impossibility of doing so, change of uses thereof shall
be required;
b) Compelling the re-exportation of male breeders,
sperm and embryos involved in the offences specified in clause 2 and 3 of this
Article; in case of impossibility of doing so, alteration in use of male
breeders and destruction of sperm or embryos shall be compelled.
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1. The fine ranging from 3,000,000 dong to
5,000,000 dong shall be imposed for the act of trading farm animal progeny
without keeping full and updated breed records.
2. The fine ranging from 5,000,000 dong to
7,000,000 dong shall be imposed for one of the following offences:
a) Producing any animal breed without making breed
records or keeping full and updated breed records; failing to keep or
incompletely keeping breed records as legally required;
b) Facilities rearing parent stocks for breeding
pigs, poultry, breeding stocks and producing animal offspring do not hire
technical staff trained in one of the specializations, such as animal
husbandry, veterinary medicine and biology.
3. Imposing the fine ranging from 7,000,000 dong to
10,000,000 dong for the failure of facilities rearing original breeds in
captivity, facilities producing animal lines or breeds to hire technical staff
holding at least undergraduate degrees in one of the specializations, such as
animal husbandry, veterinary medicine and biology.
4. Imposing the fine ranging from 10,000,000 dong
to 15,000,000 for the offences involving the act of producing, trading animal
lines and breeds without test results or results of implementation of
ministerial or national scientific and technological tasks recognized or
endorsed by competent authorities.
5. Remedies
The remedy in the form of compelling the recall and
change of uses of these animal lines or breeds sold on the market shall be
applied to the offence prescribed in clause 4 of this Article;
Article 10. Offences against
regulations on production and trading of sperm, embryos, fertile eggs and
larvae
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2. The fine ranging from 1,000,000 dong to 3,000,000
dong shall be imposed for one of the offences against regulations on trading of
sperm and embryos as follows:
a) Storage facilities are not separated or are
contaminated by using pesticides or hazardous chemicals;
b) Documents or records on the storage and trading
of sperm and embryos are not available.
3. The fine ranging from 3,000,000 dong to
5,000,000 dong shall be imposed for one of the offences against regulations on
individuals providing artificial insemination or embryo transfer services as follows:
a) Not holding certificates of training in
artificial insemination or embryo transfer techniques as legally required;
b) Not providing records and documents used for
providing updated information about owners, serial number of male or female
breeders, breeding date and times as required by laws.
4. The fine ranging from 5,000,000 dong to
7,000,000 dong shall be imposed for the act of trading fertile eggs and embryos
without keeping breed records.
5. The fine ranging from 7,000,000 dong to
10.000.000 dong shall be imposed for one of the offences against regulations on
production of sperm, embryos, fertile eggs and larvae as follows:
a) Not keeping any record of sperm quality
indicators during the period of testing and use of male breeder’s sperm;
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c) Producing sperm from male breeders although
productivity of each breeding individual has not been tested yet;
d) Breeding eggs that are not produced by parent,
equivalent or higher-grade stocks, except for collecting naturally bred eggs.
6. Remedies
Compelling the destruction of sperm or eggs
involved in the offences specified in point c and d of clause 5 of this
Article.
Article 11. Offences against
regulations on quality of animal breeds used for production and trading
purposes
1. Imposing the fine ranging from 5,000,000 dong to
10,000,000 dong for the act of producing or trading animal breeds of which
every indicator of quality level is lower than the announced standard applied
to each shipment of these animal breeds that is worth less than 50,000,000
dong.
2. Imposing the fine ranging from 10,000,000 dong
to 15,000,000 dong for the act of producing or trading animal breeds of which
every indicator of quality level is lower than the announced standard applied
to each shipment of these animal breeds is worth at least 50,000,000 dong.
3. Remedies
The remedy existing in the form of compelling the
recall and change of uses of these animal breeds sold on the market shall be
applied to the offences prescribed in clause 1 and 2 of this Article.
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1. Imposing the fine ranging from 3,000,000 dong to
5,000,000 dong for the act of failing to keep or incompletely keeping records
of the process of testing and inspection of animal lines or breeds as legally
required.
2. Imposing the fine ranging from 5,000,000 dong to
7,000,000 dong for the act of conducting tests or inspections despite failing
to provide required technical facilities.
3. Imposing the fine ranging from 7,000,000 dong to
10,000,000 dong for the act of conducting tests or inspections in the absence
of technical staff holding at least undergraduate degrees in one of the
specializations, such as animal husbandry, veterinary medicine and biology.
4. Imposing the fine ranging from 30,000,000 dong
to 40,000,000 dong for the act of announcing test or inspection results that
are not honest.
5. Supplemental penalties
Temporarily suspending testing facilities from
conducting tests or inspections for the period from 01 to 03 months if they are
involved in the offences prescribed in clause 2 and 3 of this Article.
6. Remedies
The remedy existing in the form of compelling the
cancellation of test or inspection results shall be applied to the offences
stipulated in clause 2, 3 and 4 of this Article.
Article 13. Offences against
regulations on animal breed management certificates or licenses
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a) Leasing out certificates of training in
artificial insemination or embryo transfer techniques;
b) Practicing artificial insemination or embryo
transfer without holding certificates of training in artificial insemination or
embryo transfer techniques.
2. Imposing the fine ranging from 5,000,000 dong to
10,000,000 dong for the act of erasing or falsifying information on the
following documents:
a) Certificates of training in artificial
insemination or embryo transfer techniques;
b) Animal breed import and export permits.
3. Supplemental penalties
a) The penalty existing in the form of forfeiture
of the right to use certificates of training in artificial insemination or
embryo transfer techniques over the period of between 03 months and 06 months
shall be imposed for the offences referred to in point a of clause 1 of this
Article;
b) The penalty existing in the form of seizure of
certificates of training in artificial insemination or embryo transfer
techniques, or animal breed export or import permits, shall be imposed for the
offences referred to in clause 2 of this Article.
Section 2. OFFENCES AGAINST
REGULATIONS ON ANIMAL FEED
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1. The fine ranging from 3,000,000 dong to
5,000,000 dong shall be imposed for one of the following offences:
a) Failing to provide manufacturing lines and
equipment suitable for animal feed production as legally required;
b) Failing to take measures to control harmful
organisms, impurities or waste causing contamination or adverse impacts on
safety and quality of animal feed;
c) Failing to provide measurement equipment and
instruments that are tested or calibrated as legally required;
d) Failing to analyze animal feed quality during
the production process;
dd) Failing to hire persons in charge of technical
work or hiring persons in charge of technical work that have irrelevant
professional qualifications;
e) Failing to apply waste collection and disposal
solutions that prevent products from being contaminated;
g) Failing to design the production area or place
equipment according to the single-direction rules under which those used for
processing of input ingredients are sited in front of those used for
manufacturing of finished products in a single direction, ensuring that
production areas are separated from one another to prevent cross-contamination;
except if input ingredients and finished products are put in airtight packages,
or production areas are separately located;
h) Failing to take measures to preserve ingredients
of animal feeds upon recommendation of suppliers.
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b) Changing information about organizations or
individuals shown in certificates of conformance to regulations on
manufacturing of animal feed, but not applying for reissued certificates
according to regulations;
b) Animal feed production facilities producing
animal feed containing antibiotics do not take measures to prevent the spread
of or cross-contamination between different antibiotics or between animal feed
containing antibiotics and those that do not contain antibiotics.
3. Imposing the fine ranging from 10,000,000 dong
to 15,000,000 dong for the act of manufacturing any animal feed about which
information has not yet been posted on the web portal of the Ministry of
Agriculture and Rural Development.
4. Imposing the fine ranging from 15,000,000 dong
to 20,000,000 dong for the act of erasing, deleting or falsifying information
shown on Certificates of conformance to regulations on manufacturing of animal
feed.
5. Imposing the fine ranging from 20,000,000 dong
to 25,000,000 dong for the offence involving an animal feed manufacturer whose
production zone is located in an area polluted by hazardous wastes or chemicals
without taking any precaution against pollution risks.
6. Imposing the fine ranging from 25,000,000 dong
to 30,000,000 dong for the act of manufacturing animal feed when being subject
to manufacturing suspension decided by competent state authorities.
7. Imposing the fine ranging from 30,000,000 dong
to 35,000,000 dong for the act of erasing, deleting or falsifying information
shown on Certificates of conformance to regulations on manufacturing of animal
feed.
8. Supplemental penalties
a) The penalty existing in the form of seizure of
Certificates of conformance to animal feed manufacturing regulations shall be
imposed for the offence referred to in Clause 4 of this Article;
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9. Remedies
The remedy existing in the form of compelling the
recall and change of uses of animal feed involved in offences that have been
sold on the market shall be available for the offences prescribed in clause 3,
5, 6 and 7 of this Article.
Article 15. Offences against
regulations on announcement of product information and obligations of animal
feed manufacturers
1. Imposing the fine ranging from 1,000,000 dong to
3,000,000 dong for the act of changing information of product labels that has
been posted on the web portal of the Ministry of Agriculture and Rural
Development without announcing such change in accordance with regulations.
2. The fine ranging from 3,000,000 dong to
5,000,000 dong shall be imposed for one of the following offences:
a) Failing to retain test samples, or failing to
archive animal feed testing results according to regulations;
b) Failing to carry out the quality control
processes or failing to fully conform to steps in the quality control process;
c) Failing to update and enter data in
manufacturing logbooks in accordance with regulations.
3. The fine ranging from 5,000,000 dong to
7,000,000 dong shall be imposed for one of the following offences:
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b) Deliberately falsifying or erasing contents of
documents or records, or making false declarations in documentation for
self-announcement of information about specific animal feed products on the Web
Portal of the Ministry of Agriculture and Rural Development;
4. Imposing the fine ranging from 7,000,000 dong to
10,000,000 dong for the act of hindering the compliance with or failing to
comply with requirements for supervisory assessment of ongoing compliance with
animal feed manufacturing regulations.
5. Supplemental penalties
The penalty existing in the form of suspension of
animal feed manufacturing activities for the duration of between 01 and 03
months shall be imposed for the offence referred to in Clause 4 of this
Article.
6. Remedies
a) The remedy existing in the form of cancellation
of information about animal feed products that is published on the Web Portal
of the Ministry of Agriculture and Rural Development shall be available for the
offence prescribed in point a of clause 3 of this Article;
b) The remedy existing in the form of rectification
of false information that is published on the Web Portal of the Ministry of
Agriculture and Rural Development shall be available for the offence prescribed
in point b of clause 3 of this Article.
Article 16. Offences against
regulations regarding quality of animal feed during the manufacturing process
1. The fine ranging from 3,000,000 dong to
5,000,000 dong shall be imposed for the act of manufacturing any animal feed
product in which specific quality indicators regarding contents of ingredients
are between 2% and under 5% less than the minimum limits or greater than the
maximum limits in comparison with standards announced to apply or on its label;
or in which specific safety indicators regarding contents of ingredients are
between 2% and under 5% greater than the limits prescribed in the respective
technical regulations or standards announced to apply.
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3. The fine ranging from 10,000,000 dong to
15,000,000 dong shall be imposed for one of the offences against regulations on
manufacturing of any animal feed product as follows:
a) Specific quality indicators regarding contents
of its ingredients which do not include the main ingredient are between 15% and
under 30% less than the minimum limits or greater than the maximum limits in
comparison with standards announced to apply or on its label;
b) Contents of specific main ingredients are
between 5% and under 15% less than the minimum limits or greater than the
maximum limits in comparison with standards announced to apply or on its label.
4. The fine ranging from 15,000,000 dong to
20,000,000 dong shall be imposed for one of the offences against regulations on
manufacturing of any animal feed product as follows:
a) Specific quality indicators regarding contents
of its ingredients which do not include the main ingredient are at least 30%
less than the minimum limits or greater than the maximum limits in comparison
with standards announced to apply or on its label;
b) Contents of specific main ingredients are
between 15% and under 30% less than the minimum limits or greater than the
maximum limits in comparison with standards announced to apply or on its label.
5. The fine ranging from 20,000,000 dong to
25,000,000 dong shall be imposed for one of the offences against regulations on
manufacturing of any animal feed product as follows:
a) Specific indicators of harmful microorganisms
contained in that product exceed the maximum limit prescribed in technical
regulations or standards announced to apply;
a) Specific safety indicators regarding contents of
its ingredients are at least 5% greater than the maximum limits in comparison
with technical regulations or standards announced to apply.
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The remedy existing in the form of compelling the
recycling of animal breed products shall be available for the offences
specified in Clause 2, 3, 4 and 5 of this Article; in case of impossibility of
doing so, change of uses thereof shall be required; in case where such change
cannot be made, the destruction thereof shall be required.
Article 17. Offences against
regulations regarding animal feed trading and importing establishments
1. The fine ranging from 2,000,000 dong to
3,000,000 dong shall be imposed for one of the offences against regulations on
eligibility requirements of animal feed trading establishments as follows:
a) Failing to provide equipment and tools necessary
for animal feed storage under the guidance of producers or suppliers;
b) Failing to apply measures to prevent and control
harmful organisms.
2. Imposing the fine ranging from 3,000,000 dong to
5,000,000 dong for the offences involving animal feed selling or storage
facilities that are not separated or are polluted by pesticides, fertilizers
and other poisonous chemicals.
3. Imposing the fine ranging from 5,000,000 dong to
7,000,000 dong upon animal feed import establishments committing one of the
following offences:
a) Deliberately falsifying or erasing contents of
documents or records, or making false declarations in applications for
confirmatory inspection of quality of specific animal feed products on the
National Single-Window Portal;
b) Deliberately falsifying or erasing contents of
documents or records, or making false declarations in applications for
announcement of information about specific animal feed products on the Web
Portal of the Ministry of Agriculture and Rural Development;
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d) Failing to possess or hire animal feed storage
facilities that meet food quality and safety requirements under laws and
recommendation of animal feed suppliers.
4. The fine ranging from 7,000,000 dong to
10,000,000 dong shall be imposed for one of the following offences:
a) Trading any animal feed product of which
information has not yet been published on the web portal of the Ministry of
Agriculture and Rural Development;
b) Importing animal feed of which information has
not yet been declared on the web portal of the Ministry of Agriculture and
Rural Development, except for those imported for the purposes of display
thereof at fairs, exhibitions, adaptive farming, research, testing, sampling
for use at test facilities, manufacturing and processing of exported products.
5. The fine ranging from 10,000,000 dong to
15,000,000 dong shall be imposed for the act of improperly using permits for
importation of each animal feed product for the purposes of display at fairs,
exhibitions, adaptive farming, research, testing, collection of samples used in
laboratories, manufacturing and processing of exported products.
6. Imposing the fine ranging from 15,000,000 dong
to 20,000,000 dong for the act of providing incorrect updated information of
each imported animal feed shipment exempted from state quality inspection on
the National Single-Window Portal of the Ministry of Agriculture and Rural
Development.
7. Supplemental penalties
The penalty existing in the form of suspension of
animal feed trading or importing activities for the duration of between 01 and
03 months shall be imposed for the offence referred to in Clause 4 of this
Article.
8. Remedies
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b) The remedy existing in the form of compelling
the rectification of false information that is published on the Web Portal of
the Ministry of Agriculture and Rural Development shall be available for the
offence prescribed in point c of clause 3 of this Article;
c) The remedy existing in the form of compelling
change of uses of animal feed shipments shall be available for the offence
specified in point a of clause 4 of this Article; in case of impossibility of
doing so, the destruction thereof shall be required;
d) The remedy existing in the form of re-exporting
animal feed shipments shall be available for the offence specified in point b
of clause 4 of this Article; in case of impossibility of doing so, the
destruction thereof shall be required;
dd) The remedy existing in the form of destroying
animal feed shipments shall be available for the offences specified in clause 5
of this Article.
Article 18. Offences against
regulations regarding quality of animal feed during the trading process
1. The fine ranging from 1,000,000 dong to
3,000,000 dong shall be imposed for the act of trading any animal feed product
in which specific quality indicators regarding contents of ingredients are
between 2% and under 5% less than the minimum limits or greater than the
maximum limits in comparison with standards announced to apply or on its label;
or in which specific safety indicators regarding contents of ingredients are
between 2% and under 5% greater than the limits prescribed in the respective
technical regulations or standards announced to apply.
2. The fine ranging from 3,000,000 dong to
5,000,000 dong shall be imposed for the act of trading any animal feed product
in which specific quality indicators regarding contents of ingredients which do
not include the main ingredient are between 5% and under 15% less than the
minimum limits or greater than the maximum limits in comparison with standards
announced to apply or on its label.
3. The fine ranging from 5,000,000 dong to
7,000,000 dong shall be imposed for one of the offences against regulations on
trading of any animal feed product as follows:
a) Specific quality indicators regarding contents
of its ingredients which do not include the main ingredient are between 15% and
under 30% less than the minimum limits or greater than the maximum limits in
comparison with standards announced to apply or on its label;
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4. The fine ranging from 7,000,000 dong to
10,000,000 dong shall be imposed for the act of trading any animal feed product
in which specific quality indicators regarding contents of ingredients which do
not include the main ingredient are at least 30% less than the minimum limits
or greater than the maximum limits in comparison with standards announced to
apply or on its label.
5. The fine ranging from 10,000,000 dong to
15,000,000 dong shall be imposed for the act of trading any animal feed product
in which specific quality indicators regarding contents of specific main
ingredients are between 15% and under 30% less than the minimum limits or
greater than the maximum limits in comparison with standards announced to apply
or on its label.
6. The fine ranging from 15,000,000 dong to
20,000,000 dong shall be imposed for one of the offences against regulations on
trading of any animal feed product as follows:
a) Specific indicators of harmful microorganisms
contained in that product exceed the permissible limit prescribed in technical
regulations or standards announced to apply;
b) Specific safety indicators regarding contents of
its ingredients are at least 5% greater than the maximum limits in comparison
with technical regulations or standards announced to apply.
7. Remedies
The remedy existing in the form of compelling the
recall and recycling of animal feed products shall be available for the
offences specified in Clause 2, 3, 4, 5 and 6 of this Article; in case of
impossibility of doing so, change of uses thereof shall be required; in case
where such change cannot be made, the destruction thereof shall be required.
Article 19. Offences against
regulations regarding quality of imported animal feed
1. The fine ranging from 3,000,000 dong to
5,000,000 dong shall be imposed for the act of importing any animal feed
product in which specific quality indicators regarding contents of ingredients
are between 2% and under 5% less than the minimum limits or greater than the
maximum limits in comparison with standards announced to apply or on its label;
or in which specific safety indicators regarding contents of ingredients are
between 2% and under 5% greater than the limits prescribed in the respective
technical regulations or standards announced to apply.
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3. The fine ranging from 10,000,000 dong to
15,000,000 dong shall be imposed for one of the offences against regulations on
importation of any animal feed product as follows:
a) Specific quality indicators regarding contents
of its ingredients which do not include the main ingredient are between 15% and
under 30% less than the minimum limits or greater than the maximum limits in
comparison with standards announced to apply or on its label;
b) Contents of specific main ingredients are
between 5% and under 15% less than the minimum limits or greater than the
maximum limits in comparison with standards announced to apply or on its label.
4. The fine ranging from 15,000,000 dong to
20,000,000 dong shall be imposed for one of the offences against regulations on
importation of any animal feed product as follows:
a) Specific indicators of harmful microorganisms
contained in that product exceed the permissible limit prescribed in technical
regulations or standards announced to apply;
b) Specific safety indicators regarding contents of
its ingredients are between 5% and under 30% greater than the maximum limits in
comparison with technical regulations or standards announced to apply;
c) Contents of specific main ingredients are
between 15% and under 30% less than the minimum limits or greater than the
maximum limits in comparison with standards announced to apply or on its label;
d) Specific quality indicators regarding contents
of its ingredients which do not include the main ingredient are at least 30%
less than the minimum limits or greater than the maximum limits in comparison
with standards announced to apply or on its label.
5. Imposing the fine ranging from 20,000,000 dong
to 25,000,000 dong for the act of importing any animal feed product in which
specific safety indicators regarding contents of its ingredients are at least
30% greater than the maximum limits in comparison with technical regulations or
standards announced to apply.
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a) The remedy existing in the form of compulsory
correction of quality information on animal feed product labels or technical
documents accompanying animal feed product shipments without affecting animals
shall be applicable to the offences specified in Clause 1, 2 and 3 of this
Article; in case of impossibility of doing so, it shall be required to recycle
these products or change the uses thereof;
b) The remedy existing in the form of compelling
the recycling of animal feed products shall be applicable to the offences
specified in Clause 4 of this Article; in case of impossibility of doing so,
change of uses thereof shall be required; in case where such change cannot be
made, the re-exportation or destruction thereof shall be required;
c) The remedy existing in the form of compelling
the alteration in uses of animal feed batches shall be applicable to the
offences specified in clause 5 of this Article; in case of impossibility of
doing so, the re-exportation or destruction thereof shall be required.
Article 20. Offences against
regulations regarding purchase, sale and import of expired animal feed, use of
expired ingredients during the animal feed manufacturing process
1. The offences involving the purchase, sale or
importation of an animal feed product past its expiry date shown on its label
or attached documents shall be sanctioned as follows:
a) Imposing the fine of between 200,000 dong and
400,000 dong if the value of the violating product is less than 1,000,000 dong;
b) Imposing the fine of between 400,000 dong and
600,000 dong if the value of the violating product is between 1,000,000 dong
and under 2,000,000 dong;
c) Imposing the fine of between 600,000 dong and
1,000,000 dong if the value of the violating product is between 2,000,000 dong
and under 3,000,000 dong;
d) Imposing the fine of between 1,000,000 dong and
2,000,000 dong if the value of the violating product is between 3,000,000 dong
and under 5,000,000 dong;
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e) Imposing the fine of between 3,000,000 dong and
5,000,000 dong if the value of the violating product is between 10,000,000 dong
and under 20,000,000 dong;
e) Imposing the fine of between 5,000,000 dong and
7,000,000 dong if the value of the violating product is between 20,000,000 dong
and under 30,000,000 dong;
h) Imposing the fine of between 7,000,000 dong and
10,000,000 dong if the value of the violating product is between 30,000,000
dong and under 40,000,000 dong;
i) Imposing the fine of between 10,000,000 dong and
15,000,000 dong if the value of the violating product is between 40,000,000
dong and under 50,000,000 dong;
k) Imposing the fine of between 15,000,000 dong and
20,000,000 dong if the value of the violating product is between 50,000,000
dong and under 70,000,000 dong;
l) Imposing the fine of between 20,000,000 dong and
30,000,000 dong if the value of the violating product is between 70,000,000
dong and under 100.000.000 dong;
m) Imposing the fine of between 30,000,000 dong and
40,000,000 dong if the value of the violating product is at least 100,000,000
dong.
2. Imposing the fine ranging from 5,000,000 dong to
10,000,000 dong for the act of failing to write or incorrectly write
manufacturing dates on labels or attached documents during the process of
production or importation of an animal feed product.
3. Imposing the fine ranging from 10,000,000 dong
to 15,000,000 dong for the act of manufacturing animal feed using any expired
ingredient or any expired product.
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a) Compulsory disgorgement of illegal gains from
commission of any offence defined in clause 1 of this Article;
b) The remedy existing in the form of compelling
the recall and alteration in uses of violating animal feed batches shall be
applicable to the offences specified in clause 1 and 3 of this Article; in case
of impossibility of such alteration, the re-exportation or destruction thereof
shall be required;
c) The remedy existing in the form of correcting
information of the violating animal feed batch shall be applicable to the
offences specified in clause 2 of this Article.
Article 21. Offences against
regulations on animal feed tests
1. The following rates of fine shall be imposed for
one of the offences against the regulations on testing of animal feed:
a) Imposing the fine ranging from 5,000,000 dong to
10,000,000 dong for the act of failing to keep or incompletely keeping records
of the processes of testing and inspection of animal feed as legally required;
b) Imposing the fine ranging from 10,000,000 dong
to 15,000,000 dong for the offences involving test facilities' failure to hire
persons in charge of technical tasks who hold a university degree or higher in
animal husbandry, veterinary medicine, food technology or postharvest
technology;
c) Imposing the fine ranging from 15,000,000 dong
to 20,000,000 dong for the offence involving test facilities’ failure to
provide technical infrastructure and equipment meeting testing requirements
suited for each kind of animal feed.
2. Imposing the fine ranging from 20,000,000 dong
to 25,000,000 dong for the act of announcing test results dishonestly.
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Temporarily suspending testing facilities for the
duration of between 01 and 03 months if they are involved in the offences
prescribed in clause 2 of this Article.
4. Remedies
The remedy existing in the form of compelling the
cancellation of test results shall be applicable to the offences specified in
point b and c of clause 1 and 2 of this Article.
Article 22. Offences against
regulations regarding manufacturing, trading and importation of animal feed
containing antibiotics
1. Imposing the fine ranging from 5,000,000 dong to
10,000,000 dong for the act of manufacturing, trading or importing an animal
feed product in which the difference between contents of antibiotics and those
specified on its label or attached documents is from 10% to under 30%.
2. The fine ranging from 10,000,000 dong to
15,000,000 dong shall be imposed for one of the following offences:
a) Manufacturing, trading or importing an animal
feed product containing antibiotics without showing clear name and contents of
antibiotics, instructions for use and time to stop using antibiotics on its
label or attached documents;
b) Manufacturing, trading or importing an animal
feed product in which the difference between contents of antibiotics and those
specified in its label or attached documents is at least 30%;
c) Manufacturing and importing an animal feed
product containing antibiotics without a prescription or in contravention of
the prescription of the holder of the certificate of animal disease prevention
and treatment practice in accordance with laws on animal health.
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a) Manufacturing and importing an animal feed
product containing antibiotics which is not a total mixed ration for cattle,
poultry or raw feed for herbivores according to regulations;
b) Manufacturing, purchasing, selling or importing
an animal feed product containing antibiotics for the purpose of preventing
animal diseases not at the neonatal stage according to regulations;
c) Manufacturing, buying, selling or importing an animal
feed product containing antibiotics for the purpose of stimulating growth.
4. Imposing the fine ranging from 20,000,000 dong
to 25,000,000 dong for the act of manufacturing, selling or importing an animal
feed product containing antibiotics other than veterinary drugs permitted for
sale in Vietnam or not yet permitted by competent authorities if its value is
below 200,000,000 dong or the illicit gain obtained from any of these
activities is less than 100,000,000 dong.
5. Imposing the fine ranging from 25,000,000 dong
to 30,000,000 dong for the act of manufacturing, selling or importing an animal
feed product containing antibiotics other than veterinary drugs permitted for
sale in Vietnam or not yet permitted by competent authorities if its value is at
least 200,000,000 dong or the illicit gain obtained from any of these
activities is at least 100,000,000 dong, and the procedure-conducting authority
has the decision not to institute the criminal case, the decision to dismiss
the decision to institute the criminal case, the decision to terminate the
investigation or to terminate the case.
6. Remedies
a) The remedy existing in the form of compelling
the correction of information of the batch of animal feed containing
antibiotics about the antibiotic name, antibiotic contents, instructions for
use, time to stop using antibiotics on its labels or attached documents shall
be applicable to the offences specified at Point a of Clause 2 of this Article;
b) Recycling animal feed batches containing
antibiotics during the process of manufacturing or trading animal feed involved
in the offences specified in clause 1 and point b of clause 2 of this Article;
in case of impossibility of doing so, the destruction thereof shall be
required;
c) Compelling the destruction of animal feed
batches containing antibiotics during the process of manufacturing or trading
animal feed involved in the offences specified in point c of clause 2, 3, 4 and
5 of this Article;
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Article 23. Offences against
regulations on use of animal feed ingredients
1. Imposing the fine ranging from VND 10,000,000 to
VND 15,000,000 for the act of using an ingredient that is not on the List of
ingredients permitted for use as animal feed for manufacturing of an animal
feed product if the value is below 200,000,000 dong or the illicit gain
obtained from such act is under 100,000,000 dong.
2. Imposing the fine ranging from 15,000,000 dong
to 20,000,000 dong for the act of using an ingredient not on the List of
ingredients permitted for use as animal feed for the purposes of manufacturing
animal feed if the value is at least 200,000,000 dong or the illicit gain
obtained from such act is at least 100,000,000 dong, and the
procedure-conducting authority has the decision not to institute the criminal
case, the decision to dismiss the decision to institute the criminal case, the
decision to terminate the investigation or to terminate the case.
3. Remedies
a) Compelling the disgorgement of illegal gains
from commission of any offence defined in clause 1 and 2 of this Article;
b) The remedy existing in the form of compelling
the alteration in uses of violating batches of ingredients and batches of
animal feed products containing ingredients not on the List of ingredients
permitted for use as animal feed shall be applicable to the offences specified
in clause 1 and 2 of this Article; in case of impossibility of such alteration,
the destruction thereof shall be required.
Section 3. OFFENCES AGAINST
REGULATIONS ON ANIMAL HUSBANDRY CONDITIONS
Article 24. Offences against
regulations on family farming conditions
1. Imposing the fine of between 1,000,000 dong and
2,000,000 dong for the act of making fraudulent declarations for self-serving
purposes.
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3. Remedies
a) Compulsory disgorgement of illegal gains from
commission of any offence defined in clause 1 of this Article;
b) The remedy existing in the form of compelling
the relocation of animals out of unauthorized areas shall be applicable to the
offences specified in Clause 2 of this Article.
Article 25. Offences against
regulations on medium- or small-scale farming conditions
1. Imposing the fine ranging from 2,000,000 dong to
3,000,000 dong for one of the following offences:
a) Failing to fully keep updated records of animal
production process, use of animal feed, veterinary drugs, vaccines, and other
information to ensure traceability;
b) Failing to maintain minimum safety distance
between animal farms in accordance with regulations.
2. Offences against regulations on declaration of
animal production activities shall be sanctioned as follows:
a) Imposing the fine of between 3,000,000 dong and
5,000,000 dong for the act of failure to make declarations;
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3. Imposing the fine ranging from 10,000,000 dong
to 15,000,000 dong for the act of farming animals at unauthorized areas.
4. Remedies
a) The remedy existing in the form of compelling
the downsizing of animal production to meet prescribed distancing requirements shall
be applicable to the offence prescribed in point b of clause 1 of this Article;
b) Compulsory disgorgement of illegal gains from
commission of the offences defined in point b of clause 2 of this Article;
c) The remedy existing in the form of compelling
the relocation of animal farms out of unauthorized areas shall be applicable to
the offences specified in Clause 3 of this Article.
Article 26. Offences against
regulations on large-scale farming conditions
1. Imposing the fine ranging from 3,000,000 dong to
5,000,000 dong for one of the following offences:
a) Failing to fully keep updated records of animal
production process, use of animal feed, veterinary drugs, vaccines, and other
information to ensure traceability;
b) Changing information about organizations or
individuals shown in certificates of conformance to animal production
regulations, but not applying for reissued certificates according to
regulations;
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2. Imposing the fine ranging from 5,000,000 dong to
7.000.000 dong for the act of evading, hindering or disobeying requirements for
the supervisory assessment of ongoing conformity with animal production
conditions.
3. Imposing the fine ranging from 7,000,000 dong to
10,000,000 dong for the act of erasing, deleting or falsifying information
shown on Certificates of conformance to animal production regulations.
4. Offences against regulations on declaration of
animal production activities shall be sanctioned as follows:
a) Imposing the fine of between 5,000,000 dong and
10,000,000 dong for the act of failure to make declarations;
b) Imposing the fine of between 10,000,000 dong and
15,000,000 dong for the act of making fraudulent declarations for self-serving
purposes.
5. Imposing the fine ranging from 15,000,000 dong
to 20,000,000 dong for the act of performing animal production activities
without holding Certificates of conformance to animal production regulations.
6. Imposing the fine ranging from 20,000,000 dong
to 25,000,000 dong for the act of raising animals at unauthorized areas.
7. Supplemental penalties
The penalty existing in the form of seizure of
Certificates of conformance to animal production regulations shall be imposed
for the offence referred to in Clause 3 of this Article.
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a) The remedy existing in the form of compelling
the downsizing of animal production to meet prescribed distancing requirements
shall be applicable to the offence prescribed in point c of clause 1 of this
Article;
b) Compulsory disgorgement of illegal gains from
commission of the offences defined in point b of clause 4 of this Article;
c) The remedy existing in the form of compelling
the relocation of animal farms out of unauthorized areas shall be applicable to
the offences specified in Clause 6 of this Article.
Article 27. Offences against
regulations on swiftlet farming activities
1. Imposing the fine ranging from 3,000,000 dong to
5,000,000 dong for the act of using loudspeakers to lure swiftlets in case
swiftlet houses are located in residential areas, or swiftlet houses located at
the distance of less than 300 m from residential areas operate before the
effective date of Decree No. 13/2020/ND-CP.
2. The fine ranging from 5,000,000 dong to
10,000,000 dong shall be imposed for one of the following offences:
a) Using amplifiers to lure swiftlets with the
sound frequency exceeding the permissible maximum noise level as legally
prescribed;
b) Making sound to lure swiftlets out of the
regulated time.
3. Imposing the fine ranging from 10,000,000 dong
to 15,000,000 dong for the act of hunting or luring swiftlets to use for
purposes other than the purposes of raising swiftlets to harvest bird nests or
for scientific research purposes.
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Confiscating exhibits involved in the offences
referred to in clause 3 of this Article.
5. Remedies
a) The penalty existing in the form of compelling
the application of noise reduction measures according to regulations shall be
imposed for the offences specified at Point a, Clause 2 of this Article;
b) The penalty existing in the form of compelling
the return of swiftlets into the wild shall be imposed for the offences
specified in clause 3 of this Article.
Article 28. Offences against
regulations regarding use of banned substances, animal feed containing
antibiotics in animal production activities
1. The offences involving the use of animal feed
containing antibiotics in contravention of the guidance of producers or
suppliers shall be sanctioned as follows:
a) Imposing the fine ranging from 500,000 dong to
1,000,000 dong if such offences arise from small-scale animal farming
activities;
b) Imposing the fine ranging from 1,000,000 dong to
3,000,000 dong if such offences arise from medium-scale animal farming
activities;
c) Imposing the fine ranging from 3,000,000 dong to
5,000,000 dong if such offences arise from large-scale animal farming
activities.
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a) Imposing the fine ranging from 1,000,000 dong to
3,000,000 dong if such offences arise from small-scale animal farming
activities;
b) Imposing the fine ranging from 3,000,000 dong to
5,000,000 dong if such offences arise from medium-scale animal farming
activities;
c) Imposing the fine ranging from 5,000,000 dong to
7,000,000 dong if such offences arise from large-scale animal farming
activities.
3. Offences involving the use of animal feed
containing antibiotics for the growth stimulation purpose shall be sanctioned
as follows:
a) Imposing the fine ranging from 1,000,000 dong to
3,000,000 dong if such offences arise from family farming activities;
b) Imposing the fine ranging from 3,000,000 dong to
5,000,000 dong if such offences arise from small-scale animal farming
activities;
c) Imposing the fine ranging from 5,000,000 dong to
7,000,000 dong if such offences arise from medium-scale animal farming
activities;
d) Imposing the fine ranging from 7,000,000 dong to
10,000,000 dong if such offences arise from large-scale animal farming activities.
4. Offences involving the use of prohibited
substances in animal production activities shall be sanctioned as follows:
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b) Imposing the fine ranging from 70,000,000 dong
to 80,000,000 dong for the offence involving the use of a prohibited substance
in animal production activities to the extent that such offence is subject to
criminal prosecution, but the procedure-conducting authority has the decision
not to institute the criminal case, the decision to dismiss the decision to
institute the criminal case, the decision to terminate the investigation or to
terminate the case.
5. Remedies
a) The remedy existing in the form of compelling
change of uses of animal feed containing antibiotics shall be applicable to the
offences specified in clause 3 of this Article; in case of impossibility of
doing so, the destruction thereof shall be required;
b) The remedy existing in the form of compelling
the destruction of prohibited substances and domesticated animals already using
prohibited substances shall be applicable to the offences specified in clause 4
of this Article.
Article 29. Offences against
regulations on animal husbandry, humane treatment for domesticated animals and
control of slaughter of terrestrial animals
1. The fine of between 1,000,000 dong and 3,000,000
dong will be imposed for the act of cruelly beating and torturing domesticated
animals.
2. The fine ranging from 3,000,000 dong to
5,000,000 dong shall be imposed for one of the following offences:
a) Having none of pre-slaughtered animal storage
facilities complying with hygiene regulations;
b) Beating animals before slaughter;
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3. Imposing the fine ranging from 10,000,000 dong
to 15,000,000 dong for obstruction, destruction and invasion of legal animal
production activities.
4. Offences arising from introducing foreign
bodies, coercively pumping water or other substances into the bodies of
terrestrial animals before slaughter shall be sanctioned as follows:
a) Imposing the fine of between 5,000,000 dong and
10,000,000 dong if total weight of animals involved in these offences is less
than 100 kg;
b) Imposing the fine of between 10,000,000 dong and
20,000,000 dong if total weight of animals involved in these offences is
between 100 kg and under 500 kg;
c) Imposing the fine of between 20,000,000 dong and
30,000,000 dong if total weight of animals involved in these offences is
between 500 kg and under 1,000 kg;
d) Imposing the fine of between 30,000,000 dong and
50,000,000 dong if total weight of animals involved in these offences is at
least 1,000 kg.
5. Other supplementary penalties:
a) The penalty existing in the form of seizure of
exhibits shall be imposed for the offences arising from the act of
deteriorating animal production activities as referred to in Clause 3 of this
Article;
b) The penalty existing in the form of temporary
suspension of business for the duration of between 01 and 06 months shall be
imposed for the offences referred to in Clause 4 of this Article.
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Compelling the thermal treatment of animals
involved in the offences prescribed in clause 4 of this Article; in case of
repeating such offences, the destruction thereof shall be required.
Article 30. Offences against
regulations on animal farming waste treatment
1. Offences against regulations on treatment of
solid wastes of organic origin shall be subject to the following penalties if
such treatment does not conform to national technical regulations:
a) Imposing the fine ranging from 1,000,000 dong to
3,000,000 dong if such offences arise from small-scale animal farming
activities;
b) Imposing the fine ranging from 3,000,000 dong to
5,000,000 dong if such offences arise from medium-scale animal farming
activities;
c) Imposing the fine ranging from 5,000,000 dong to
7,000,000 dong if such offences arise from large-scale animal farming
activities.
2. Offences against regulations on treatment of
wastewater from animal farming shall be subject to the following penalties if
such treatment fails to conform to the national technical regulations on
wastewater from animal farming used for crops:
a) Imposing the fine ranging from 3,000,000 dong to
5,000,000 dong if such offences arise from small-scale animal farming
activities;
b) Imposing the fine ranging from 5,000,000 dong to
7,000,000 dong if such offences arise from medium-scale animal farming
activities;
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3. Offences against regulations on treatment of
emissions from animal farming shall be subject to the following penalties if
such treatment fails to meet the national technical regulations on emissions
from animal farming:
a) Imposing the fine ranging from 3,000,000 dong to
5,000,000 dong if such offences arise from small-scale animal farming
activities;
b) Imposing the fine ranging from 5,000,000 dong to
7,000,000 dong if such offences arise from medium-scale animal farming
activities;
c) Imposing the fine ranging from 7,000,000 dong to
10,000,000 dong if such offences arise from large-scale animal farming
activities.
4. Remedies
The remedies existing in the form of compulsory
application of remedies for the environmental pollution and mandatory reporting
on the results of implementation of remedies within the time limits prescribed
in administrative sanction decisions issued by competent sanctioning persons
shall be applicable to the offences stipulated in clause 3 of this Article.
Article 31. Offences against
regulations on treatment of solid wastes from family farming activities
1. Imposing the fine ranging from 500,000 dong to
1,000,000 dong for the act of failing to take measures to treat excrement,
wastewater from animal farming activities for the purpose of protecting
environmental hygiene and avoiding any impact on surrounding people.
2. Remedies
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Article 32. Offences against
regulations on trading and importation of animal farming waste treatment
products
1. The fine ranging from 5,000,000 dong to
10,000,000 dong shall be imposed for one of the following offences:
a) Trading a product for treatment of solid wastes
from animal farming activities of which quality is at least 5% less than the
prescribed minimum limit or greater than the prescribed maximum limit in
comparison with standards announced to apply;
b) Importing a product for treatment of solid
wastes from animal farming activities of which quality is at least 5% less than
the prescribed minimum limit or greater than the prescribed maximum limit in
comparison with standards announced to apply.
2. The fine ranging from 10,000,000 dong to
15,000,000 dong shall be imposed for one of the following offences:
a) Trading a waste treatment product of which
information has not yet been published on the web portal of the Ministry of
Agriculture and Rural Development;
b) Importing a waste treatment product of which
information has not yet been published on the web portal of the Ministry of
Agriculture and Rural Development.
3. The fine ranging from 15,000,000 dong to
20,000,000 dong shall be imposed for one of the following offences:
a) Trading waste treatment products during the
period of suspension of trading of animal farming waste treatment products
decided by competent state authorities;
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4. Supplemental penalties
The penalty existing in the form of suspension of
trading or importation of animal farming waste treatment products for the
duration of between 01 and 03 months shall be imposed for the offence referred
to in Clause 2 of this Article.
5. Remedies
a) The remedy existing in the form of compelling
change of uses of waste treatment products shall be applicable to the offences
specified in point a of clause 1, point a of clause 2 and point a of clause 3
of this Article; in case of impossibility of doing so, the destruction thereof
shall be required;
b) Compelling re-exportation of waste treatment
products involved in the offences specified in point b of clause 1, point b of
clause 2 and point b of clause 3 of this Article; in case of impossibility of
doing so, the destruction thereof shall be required.
Article 33. Offences against
regulations on manufacturers of animal waste treatment products
1. The fine ranging from 3,000,000 dong to
5,000,000 dong shall be imposed for one of the following offences:
a) Failing to hire persons in charge of technical
tasks who obtain the undergraduate or higher degrees in animal husbandry,
veterinary medicine, chemistry, biological technology or environmental
technology;
b) Failing to conduct quality analysis of animal
farming waste treatment products during the production process;
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d) Failing to provide measurement devices and
instruments used for quality supervision that ensure accuracy as per laws on
measurement;
dd) Failing to have product storage facilities;
e) Failing to provide equipment necessary for
creating the environment for, storing and culturing microorganisms to ensure
human and environmental safety in case they produce microbial biomass to
manufacture animal waste treatment products.
2. Imposing the fine ranging from 5,000,000 dong to
10,000,000 dong for the act of deliberately falsifying or erasing contents of
documents or records, or making false declarations in documentation for
announcement of information about specific waste treatment products on the Web
Portal of the Ministry of Agriculture and Rural Development.
3. Imposing the fine ranging from 10,000,000 dong
to 15,000,000 dong for the act of manufacturing a waste treatment product of
which quality is at least 5% less than the prescribed minimum limit or greater
than the prescribed maximum limit in comparison with standards announced to
apply.
4. Imposing the fine ranging from 15,000,000 dong
to 20,000,000 dong for the act of manufacturing a waste treatment product about
which information has not yet been posted on the web portal of the Ministry of
Agriculture and Rural Development.
5. Imposing the fine ranging from 20,000,000 dong
to 30,000,000 dong for the act of manufacturing any waste treatment product
while being subject to manufacturing suspension decided by competent state
authorities.
6. Supplemental penalties
The penalty existing in the form of suspension of manufacturing
of animal farming waste treatment products for the duration of between 01 and
03 months shall be imposed for the offences referred to in Clause 4 of this
Article.
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a) The remedy existing in the form of compelling
the rectification of false information that is published on the Web Portal of
the Ministry of Agriculture and Rural Development shall be available for the
offences prescribed in clause 2 of this Article;
b) Compelling the recycling of animal waste
treatment products involved in the offences specified in Clause 3 of this
Article; in case of impossibility of doing so, change of uses thereof shall be
required;
c) Compelling change of uses of waste treatment
products involved in the offences specified in clause 4 and 5 of this Article;
in case of impossibility of doing so, the destruction thereof shall be
required.
Article 34. Offences against
regulations on testing of animal farming waste treatment products
1. The fine ranging from 10,000,000 dong to
20,000,000 dong shall be imposed for one of the following offences:
a) Failing to have facilities and technical
equipment meeting testing requirements suited for each kind of animal farming
waste treatment product;
b) Failing to hire persons in charge of technical
tasks who obtain the undergraduate or higher degrees in one of the
specialities, such as animal husbandry, veterinary medicine, chemistry,
biological technology or environmental technology;
c) Failing to provide equipment necessary for
raising or keeping microorganisms to serve the testing purposes in case of
testing microbiological products used for treatment of wastes from animal
farming activities;
d) Failing to keep or incompletely keeping records
of results of tests on animal farming waste treatment products as legally
required.
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3. Supplemental penalties
Temporarily suspending testing facilities for the
duration of between 01 and 03 months if they are involved in the offences
prescribed in point b of clause 1 and clause 2 of this Article.
4. Remedies
The remedy existing in the form of compelling the
cancellation of test results shall be applicable to the offences specified in
point b and c of clause 1 and clause 2 of this Article.
Article 35. Offences against
regulations on importation of animal products and live animals used for food
1. The fine ranging from 30,000,000 dong to
40,000,000 dong shall be imposed for one of the following offences:
a) Importing live animals used for food but kept
for commercial breeding purposes;
b) Importing every animal product that contains
banned substances used in animal farming not to the extent that criminal
prosecution is needed.
2. Imposing the fine ranging from 40,000,000 dong
to 50,000,000 dong for the offences involving the importation of live animals
using prohibited substances for food not to the extent that such offences are
subject to criminal prosecution.
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a) The remedy existing in the form of compelling
the use of farmed animals for the right purposes shall be applicable to the
offences specified in point a of clause 1 of this Article;
b) The remedy existing in the form of re-exporting
animals or animal products shall be available for the offences specified in
point b of clause 1 and 2 of this Article; in case of impossibility of doing
so, the destruction thereof shall be required.
Chapter III
AUTHORITY TO ISSUE
ADMINISTRATIVE OFFENCE NOTICES AND SANCTION ADMINISTRATIVE OFFENCES
Article 36. Authority to issue
administrative offence notices
1. Persons having competence in issuing notices of
administrative offences arising from animal production activities, including:
a) Persons accorded authority to sanction administrative
offences arising from animal farming activities who are covered by Article 37
through Article 34 herein;
b) Public officers or servants working for entities
specified in Article 37, 38, 42 and 43 herein who are assigned the tasks of
inspection and examination of administrative offences arising from animal
farming activities;
c) Persons of the People's Army and People's Public
Security forces under Articles 39, 40 and 41 of this Decree who are assigned
the tasks of inspection and examination of administrative offences arising from
animal farming activities.
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Article 37. Authority to
sanction administrative offences of Presidents of all-level People’s Committees
1. The Presidents of the commune-level People’s
Committees shall be accorded the following authority:
a) Imposing the fine of up to 5,000,000 dong for
the offences arising in the sectors, such as animal breeds, animal feed and
animal farming conditions or requirements;
b) Seizing exhibits involved in administrative
offences if the value does not exceed the fine amount prescribed in point a of
this clause;
c) Applying remedies stipulated in point dd and i
of clause 3 of Article 4 herein.
2. The Presidents of the district-level People’s Committees
shall be accorded the following authority:
a) Imposing the fine of up to 25,000,000 dong for
the offences arising in animal farming activities; up to 50,000,000 dong for
the offences involving animal feed and animal farming conditions or requirements;
b) Temporarily suspending or appropriating the
rights to use Certificates of training in artificial insemination and embryo
transfer techniques issued by competent authorities or bodies;
c) Seizing exhibits involved in administrative
offences if the value does not exceed the fine amount prescribed in point a of
this clause;
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3. The Presidents of the provincial-level People’s
Committees shall be accorded the following authority:
a) Imposing the fine of up to 50,000,000 dong for
the offences involving animal breeds; up to 100,000,000 dong for the offences
involving animal feed and animal farming conditions or requirements;
b) Temporarily suspending or appropriating the
rights to use Certificates of training in artificial insemination and embryo
transfer techniques issued by competent authorities or bodies;
c) Seizing exhibits involved in commission of
administrative offences;
d) Applying the remedies stipulated in clause 3 of
Article 4 herein.
Article 38. Authority to
sanction administrative offences of inspectors
1. Inspectors or persons assigned to carry out
specialized inspections while on duty in the animal production and veterinary
medicine sectors shall be accorded the following authority:
a) Imposing the fine of up to 500,000 dong for the
offences arising in the sectors, such as animal breeds, animal feed and animal
farming conditions or requirements;
b) Seizing exhibits involved in administrative
offences if the value does not exceed the fine amount prescribed in point a of
this clause.
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a) Imposing the fine of up to 500,000 dong for the
offences involving animal farming conditions or requirements;
b) Seizing exhibits involved in administrative
offences if the value does not exceed the fine amount prescribed in point a of
this clause.
3. Inspectors or persons assigned to carry out
specialized inspections while on duty in the plant protection sector shall be
accorded with the following authority:
a) Imposing the fine of up to 500,000 dong for the
offences involving animal feed;
b) Seizing exhibits involved in administrative
offences if the value does not exceed the fine amount prescribed in point a of
this clause.
4. The Chief Inspectors of the Departments of Agriculture
and Rural Development, the Directors of the Sub-Departments having competence
in managing animal husbandry and veterinary medicine; Heads of the specialized
inspection teams of Departments of Livestock Production; Heads of the
specialized inspection teams of the Departments of Agriculture and Rural
Development; The Head of the Specialized Inspection Teams of the
Sub-Departments having competence in managing animal husbandry and veterinary
medicine, shall be accorded the following authority:
a) Imposing the fine of up to 25,000,000 dong for
the offences arising in animal farming activities; up to 50,000,000 dong for
the offences involving animal feed and animal farming conditions or
requirements;
b) Temporarily suspending or appropriating the rights
to use Certificates of training in artificial insemination and embryo transfer
techniques issued by competent authorities or bodies;
c) Seizing exhibits involved in administrative
offences if the value does not exceed the fine amount prescribed in point a of
this clause;
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5. The Directors of the Sub-Departments having
competence in managing plant protection; the Head of the specialized inspection
team of the Plant Protection Department, shall be accorded the following
authority:
a) Imposing the fine of up to 50,000,000 dong for
the offences involving animal feed;
b) Seizing exhibits involved in administrative
offences if the value does not exceed the fine amount prescribed in point a of
this clause;
c) Applying the remedies stipulated in point a, b,
c, d, dd, g, h, k and m of clause 3 of Article 4 herein.
6. The Directors of the Sub-Departments having
competence in the quality management of agricultural, forestry and fishery
products; the Head of the specialized inspection team of Agro-forestry and
Fishery Quality Control Department, shall be accorded the following authority:
a) Imposing the fine of up to 50,000,000 dong for
the offences involving animal farming conditions or requirements;
b) Seizing exhibits involved in administrative
offences if the value does not exceed the fine amount prescribed in point a of
this clause;
c) Applying the remedies stipulated in point c, d,
dd, l and q of clause 3 of Article 4 herein.
7. The Head of the specialized inspection team of
the Department of Animal Health shall be accorded the following authority:
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b) Imposing the penalty in the form of temporary
suspension of activities;
c) Seizing exhibits involved in administrative
offences if the value does not exceed the fine amount prescribed in point a of
this clause;
d) Applying the remedies stipulated in point a, b,
c, d, dd, g, h, k, l, m and q of clause 3 of Article 4 herein.
8. The Head of the animal farming inspection team
of the Ministry of Agriculture and Rural Development shall be accorded the
following authority:
a) Imposing the fine of up to 35,000,000 dong for
the offences arising in animal farming activities; up to 70,000,000 dong for
the offences involving animal feed and animal farming conditions or
requirements;
b) Temporarily suspending or appropriating the
rights to use Certificates of training in artificial insemination and embryo
transfer techniques issued by competent authorities or bodies;
c) Seizing exhibits involved in administrative
offences if the value does not exceed the fine amount prescribed in point a of
this clause;
d) Applying the remedies stipulated in clause 3 of
Article 4 herein.
9. The Chief Inspector of the Ministry of
Agriculture and Rural Development, and the Director of the Plant Protection
Department shall be accorded the following authority:
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b) Temporarily suspending or appropriating the
rights to use Certificates of training in artificial insemination and embryo
transfer techniques issued by competent authorities or bodies;
c) Seizing exhibits involved in commission of
administrative offences;
d) Applying the remedies stipulated in clause 3 of
Article 4 herein.
10. The Director of the Department of Animal Health
shall be accorded the following authority:
a) Imposing the fine of up to 100,000,000 dong for the
offences arising in the sectors, such as animal feed and animal farming
conditions or requirements;
b) Seizing exhibits involved in administrative
offences;
c) Applying the remedies stipulated in point a, b,
c, d, dd, g, h, k, l, m and q of clause 3 of Article 4 herein.
11. The Director of the Plant Protection Department
shall be accorded the following authority:
a) Imposing the fine of up to 100,000,000 dong for
the offences involving animal feed;
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c) Applying the remedies stipulated in point a, b,
c, d, dd, g, h, k and m of clause 3 of Article 4 herein.
12. The Director of the National
Agro-Forestry-Fisheries Quality Assurance Department shall be accorded the
following authority:
a) Imposing the fine of up to 100,000,000 dong for
the offences involving animal farming conditions or requirements;
b) Seizing exhibits involved in administrative
offences;
c) Applying the remedies stipulated in point c, d,
dd, l and q of clause 3 of Article 4 herein.
Article 39. Authority to
sanction administrative offences of the People’s Public Security forces
1. People’s Police on duty shall be authorized to
impose the fine of up to 500,000 dong for the offences arising in the sectors,
such as animal breeds, animal feed and animal farming conditions or
requirements.
2. Heads of station and team leaders of the persons
defined in Clause 1 of this Article shall be authorized to impose the fine of
up to 1,500,000 dong for the offences arising from activities related to animal
breed, animal feed and animal farming conditions or requirements.
3. Sheriffs of commune-level police units,
Commanders of police stations and Heads of police stations at border
checkpoints or export processing zones shall be accorded the following authority:
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b) Seizing exhibits involved in administrative
offences if the value does not exceed the fine amount prescribed in point a of
this clause.
4. Sheriffs of district-level police departments,
Heads of specialized units of the Traffic Police Department; Heads of
provincial Police Departments, including Heads of environmental crime prevention
and control police units, Heads of economic security units, shall be accorded
the following authority:
a) Imposing the fine of up to 10,000,000 dong for
the offences arising animal breed activities; up to 20,000,000 dong for the
offences involving animal feed activities and animal farming conditions or
requirements;
b) Imposing the penalty in the form of temporary
suspension of activities;
c) Seizing exhibits involved in administrative
offences if the value does not exceed the fine amount prescribed in point a of
this clause;
d) Applying the remedies stipulated in point c, dd,
g, h, i, n, p, q and r of clause 3 of Article 4 herein.
5. Directors of the province-level Police
Departments shall be accorded the following authority:
a) Imposing the fine of up to 25,000,000 dong for
the offences arising in animal breed activities; up to 50,000,000 dong for the
offences involving animal feed activities and animal farming conditions or
requirements;
b) Imposing the penalty in the form of temporary
suspension of activities;
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d) Applying the remedies stipulated in point c, dd,
g, h, i, m, n, p, q and r of clause 3 of Article 4 herein.
6. Heads of environmental crime prevention and
control police units; Head of the Traffic police Department; the Director of
Economic Security Department, shall be accorded the following authority:
a) Imposing the fine of up to 50,000,000 dong for
the offences arising in animal breed activities; up to 100,000,000 dong for the
offences involving animal feed activities and animal farming conditions or
requirements;
b) Imposing the penalty in the form of temporary
suspension of activities;
c) Seizing exhibits involved in commission of
administrative offences;
d) Applying the remedies stipulated in point c, dd,
g, h, i, m, n, p, q and r of clause 3 of Article 4 herein.
Article 40. Authority to
sanction administrative offences of the Vietnam Coast Guard
1. Coast Guardsmen in action shall be accorded
authority to impose the fine of up to 1,000,000 dong for the offences arising
in animal breed activities; up to 1,500,000 dong for the offences involving
animal feed activities and animal farming conditions or requirements.
2. Heads of specialized units of the Coast Guard
shall be accorded authority to impose the fine of up to 2,500,000 dong for the
offences arising in animal breed activities; up to 5,000,000 dong for the
offences involving animal feed activities and animal farming conditions or
requirements.
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4. Heads of marine groups of the Coast Guard shall
be accorded the following authority:
a) Imposing the fine of up to 10,000,000 dong for
the offences arising in animal breed activities; up to 20,000,000 dong for the
offences involving animal feed activities and animal farming conditions or
requirements;
b) Seizing exhibits involved in administrative
offences if the value does not exceed the fine amount prescribed in point a of
this clause;
c) Applying the remedies stipulated in point c, d,
dd and g of clause 3 of Article 4 herein.
5. Heads of naval squadrons of the Coast Guard
shall be accorded the following authority:
a) Imposing the fine of up to 15,000,000 dong for
the offences arising in animal breed activities; up to 30,000,000 dong for the
offences involving animal feed activities and animal farming conditions or
requirements;
b) Seizing exhibits involved in administrative
offences if the value does not exceed the fine amount prescribed in point a of
this clause;
c) Applying the remedies stipulated in point c, d,
dd and g of clause 3 of Article 4 herein.
6. Regional commanders of the Coast Guard shall be
accorded the following authority:
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b) Seizing exhibits involved in administrative
offences if the value does not exceed the fine amount prescribed in point a of
this clause;
c) Applying the remedies stipulated in point c, d,
dd and g of clause 3 of Article 4 herein.
7. The Commander of the Vietnam Coast Guard shall
have the following authority:
a) Imposing the fine of up to 50,000,000 dong for
the offences arising in animal breed activities; up to 100,000,000 dong for the
offences involving animal feed activities and animal farming conditions or
requirements;
b) Imposing the penalty in the form of temporary
suspension of activities;
c) Seizing exhibits involved in commission of
administrative offences;
c) Applying the remedies stipulated in point c, d,
dd and g of clause 3 of Article 4 herein.
Article 41. Authority to
sanction administrative offences of the Border Guard
1. Border Guardsmen on duty shall be accorded
authority to impose the fine of up to 500,000 dong for the offences arising
from the activities related to animal breeds, animal feed and animal farming
conditions or requirements.
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3. Commanding Officers of Border Guard Posts,
Captains of Border Guard Flotillas, Commanders of the Border Guard Commands at
port border gates shall have the following authority:
a) Imposing the fine of up to 10,000,000 dong for
the offences arising in animal breed activities; up to 20,000,000 dong for the
offences involving animal feed activities and animal farming conditions or
requirements;
b) Seizing exhibits involved in administrative
offences if the value does not exceed the fine amount prescribed in point a of
this clause;
c) Applying the remedies stipulated in point c, dd
and g of clause 3 of Article 4 herein.
4. Chief Commanders of the province-level border
guards, and Chief Commander of coast guard naval squadrons of the High Command
of the Border Guard, shall be accorded the following authority:
a) Imposing the fine of up to 50,000,000 dong for
the offences arising in animal breed activities; up to 100,000,000 dong for the
offences involving animal feed activities and animal farming conditions or
requirements;
b) Imposing the penalty in the form of temporary
suspension of activities;
c) Seizing exhibits involved in commission of
administrative offences;
d) Applying the remedies stipulated in point c, dd,
g and m of clause 3 of Article 4 herein.
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1. Customs authorities on duty shall be accorded
authority to impose the fine of up to 500,000 dong for the offences arising
from the activities related to animal breeds, animal feed and animal farming
conditions or requirements.
2. Heads of groups of Customs Sub-departments,
Heads of groups of Sub-departments of Post-Clearance Inspection shall be accorded
authority to impose the fine of up to 5,000,000 dong for the offences arising
from the activities related to animal breeds, animal feed and animal farming
conditions or requirements.
3. Directors of Customs Subdepartments, Directors
of Post-clearance Inspection Subdepartments, Leaders of Control Teams of
provincial, inter-provincial or centrally-affiliated city Customs Departments,
Leaders of Smuggling Control Teams, Leaders of Customers Procedures Teams,
Leaders of Maritime Control Teams subordinate to the Smuggling Investigation
and Prevention Department affiliated to the General Department of Customs,
shall be accorded the following authority:
a) Imposing the fine of up to 25,000,000 dong for
the offences arising from activities related to animal breeds, animal feed and
animal farming conditions or requirements;
b) Seizing exhibits involved in administrative
offences if the value does not exceed the fine amount prescribed in point a of
this clause;
c) Applying the remedies stipulated in point b, c,
d, dd, g and m of clause 3 of Article 4 herein.
4. Director of the Smuggling Investigation and
Prevention Department, Director of the Post-clearance Inspection Department, a
subsidiary of the General Department of Customs, and Directors of the
provincial, inter-provincial or centrally-affiliated city Customs Departments,
shall be accorded the following authority:
a) Imposing the fine of up to 50,000,000 dong for
the offences arising from activities related to animal breeds, animal feed and
animal farming conditions or requirements;
b) Imposing the penalty in the form of temporary
suspension of activities;
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d) Applying the remedies stipulated in point b, c,
d, dd, g and m of clause 3 of Article 4 herein.
5. Director of the General Department of Customs
shall be accorded the following authority:
a) Imposing the fine of up to 50,000,000 dong for
the offences arising in animal breed activities; up to 100,000,000 dong for the
offences involving animal feed activities and animal farming conditions or
requirements;
b) Imposing the penalty in the form of temporary
suspension of activities;
c) Applying the remedies stipulated in point b, c,
d, dd, g and m of clause 3 of Article 4 herein.
Article 43. Authority to
sanction administrative offences of the Market Surveillance Agency
1. Customs authorities on duty shall be accorded
authority to impose the fine of up to 500,000 dong for the offences arising
from the activities related to animal breeds, animal feed and animal farming
conditions or requirements.
2. Heads of Market Surveillance Teams shall be
accorded the following powers:
a) Imposing the fine of up to 25,000,000 dong for
the offences arising from activities related to animal breeds, animal feed and
animal farming conditions or requirements;
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c) Applying the remedies stipulated in point a, b,
c, dd, g and m of clause 3 of Article 4 herein.
3. Directors of provincial-level Market
Surveillance Departments and Directors of Departments of Market Surveillance Operations
shall be accorded the following authority:
a) Imposing the fine of up to 50,000,000 dong for
the offences arising from activities related to animal breeds, animal feed and
animal farming conditions or requirements;
b) Imposing the penalty in the form of temporary
suspension of activities;
c) Seizing exhibits involved in administrative
offences if the value does not exceed the fine amount prescribed in point a of
this clause;
d) Applying the remedies stipulated in point a, b,
c, d, dd, g and m of clause 3 of Article 4 herein.
4. The General Director of the Vietnam Directorate
of Market Surveillance shall be accorded the following authority:
a) Imposing the fine of up to 50,000,000 dong for
the offences arising in animal breed activities; up to 100,000,000 dong for the
offences involving animal feed activities and animal farming conditions or
requirements;
b) Imposing the penalty in the form of temporary
suspension of activities;
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d) Applying the remedies stipulated in point a, b,
c, d, dd, g and m of clause 3 of Article 4 herein.
Article 44. Determination of
sanctioning competence of Presidents of People's Committees at all levels,
inspection agencies, customs authorities, market surveillance agencies,
people's police, border guards and coast guards
1. Authority to sanction administrative offences of
Presidents of all-level People’s Committees:
a) Presidents of the People's Committees of
communes shall sanction the administrative offences specified in Clause 1,
Article 9; Clauses 1, 2 and 3 of Article 10; Clause 1 of Article 14; Clause 1
and Clause 2 of Article 15; Clause 1 of Article 16; Clauses 1 and 2, Article
17; Clause 1 of Article 18; Point a Clause 1 and Point a Clause 2 Article 25;
Points a and b, Clause 1, Article 26; Clause 1 of Article 27; Clause 1, Point a
and Point b Clause 2 Article 28; Clauses 1 and 2, Article 29; Point a, Point b
Clause 1, Point a Clause 2 and Point a Clause 3 Article 30; Article 31 and
Clause 1 Article 33 of this Decree;
b) Presidents of district-level People's Committees
shall sanction the administrative offences specified in Clauses 1 and 2,
Article 6; Clause 1 of Article 7; Article 8; Article 9; Article 10; Article 11;
Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article
19; Article 20; Article 22; Article 23; Article 24; Article 25; Article 26;
Article 27; Clauses 1, 2 and 3 of Article 28; Article 29; Article 30; Article
31; Article 32; Article 33 and Article 35 of this Decree;
c) Presidents of provincial-level People's
Committees shall sanction the administrative offences specified in Article 6;
Article 7; Article 8; Article 9; Article 10; Article 11; Article 12; Article
13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19;
Article 20; Article 21; Article 22; Article 23; Article 24; Article 25; Article
26; Article 27; Article 28; Article 29; Article 30; Article 31; Article 32;
Article 33; Article 34 and Article 35 of this Decree.
2. Authority to sanction administrative offences of
inspectors:
a) The Chief Inspectors of the Departments of
Agriculture and Rural Development, the Directors of the Sub-Departments having
competence in managing animal husbandry and veterinary medicine; Head of the
specialized inspection team of Department of Livestock Production; Heads of the
specialized inspection teams of the Departments of Agriculture and Rural
Development; Heads of specialized inspection teams of Sub-Departments having
competence in specialized management of animal husbandry and veterinary
medicine shall sanction the administrative offences specified in Clauses 1 and
2, Article 6; Clause 1 of Article 7; Article 8; Article 9; Article 10; Article
11; Clauses 1, 2 and 3 of Article 12; Article 13; Article 14; Article 15;
Article 16; Article 17; Article 18; Article 19; Article 20; Article 21; Article
22; Article 23; Article 24; Article 25; Article 26; Article 27; Clauses 1, 2
and 3 of Article 28; Article 29; Article 30; Article 31; Article 32; Article 33
and Article 35 of this Decree;
b) Head of the livestock inspection team of the
Ministry of Agriculture and Rural Development shall sanction the administrative
offences specified in Clauses 1, 2, 3 and 4, Article 6; Clauses 1 and 2,
Article 7; Article 8; Article 9; Article 10; Article 11; Article 12; Article
13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19;
Article 20; Article 21; Article 22; Article 23; Article 24; Article 25; Article
26; Article 27; Clauses 1, 2 and 3, Point a, Clause 4, Article 28; Article 29;
Article 30; Article 31; Article 32; Article 33 and Article 35 of this Decree;
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d) The Director of Agro-forestry and Fishery
Quality Control Department; the Directors of the Sub-Departments having
competence in the specialized management of the quality management of
agricultural, forestry and fishery products; the Head of the specialized
inspection team of the Agro-forestry and Fishery Quality Control Department
shall sanction the administrative offences specified in Clause 4, Article 29
and Article 35 of this Decree;
dd) The Director of the Department of Animal
Health; the Head of the specialized inspection team of the Department of Animal
Health shall sanction the administrative offences specified in Clause 3, Point
b, Clause 4, Clause 5 and Clause 6, Article 17; Article 19; Clauses 1 and 2,
Article 20; Article 22; Article 29 and Article 35 of this Decree;
e) The Chief Inspector of the Ministry of
Agriculture and Rural Development; the Director of the Department of Livestock
Production shall sanction the administrative offences specified in Article 6;
Article 7; Article 8; Article 9; Article 10; Article 11; Article 12; Article
13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19;
Article 20; Article 21; Article 22; Article 23; Article 24; Article 25; Article
26; Article 27; Article 28; Article 29; Article 30; Article 31; Article 32;
Article 33; Article 34 and Article 35 of this Decree.
3. Authority to sanction administrative offences of
the People’s Public Security forces:
a) Heads of communal-level police, heads of police
stations, heads of border-gate police stations shall sanction the
administrative offences specified at Point a, Clause 1, Article 29 of this
Decree;
b) Heads of district-level police, heads of
professional units of the Traffic Police Department, heads of provincial-level
police departments, including heads of environmental crime prevention and
control police, heads of economic security units shall sanction the
administrative offences specified in Clause 2, Article 13; Clause 4 of Article
14; Point a, Point b Clause 3, Clause 4 and Clause 5 Article 17; Clause 2 of
Article 20; Point c, Clause 3, Article 22; Clause 2 of Article 24; Point b
Clause 1, Point a Clause 2 and Clause 3 Article 25; Point c Clause 1, Clause 3,
Point a Clause 4 and Clause 5 Article 26; Clause 3 of Article 27; Clause 3 of
Article 28; Clause 1, Clause 3 and Point a, Point b Clause 4 Article 29;
Article 30; Article 31; Point b Clause 2 and Point b Clause 3 Article 32 of
this Decree;
c) Directors of provincial-level police shall
sanction the administrative offences specified in Clauses 1 and 2, Article 6;
Clause 1 of Article 7; Clause 2 of Article 13; Clauses 4, 5, 6 and 7 of Article
14; Point a, Point b Clause 3, Clause 4 and Clause 5 Article 17; Clauses 1 and
2, Article 20; Point c of Clause 3, Clause 4 and Clause 5 of Article 22;
Article 24; Point b of Clause 1, Clause 2 and Clause 3 of Article 25; Point c
of Clause 1, Clauses 3, 4, 5 and 6 of Article 26; Clause 3 of Article 27;
Clause 3 of Article 28; Clauses 1, 3 and 4 of Article 29; Article 30; Article
31; Point b Clause 2 and Point b Clause 3 Article 32; Clause 5 of Article 33;
Point b, Clause 1 and Clause 2, Article 35 of this Decree;
d) Head of Environmental Crime Prevention Police
Department; Head of Traffic Police Department; Director of the Economic
Security Department shall sanction the administrative offences specified in
Article 6; Article 7; Clause 2 of Article 13; Clauses 4, 5, 6 and 7 of Article
14; Point a and Point b Clause 3, Clause 4, Clause 5 of Article 17; Clauses 1
and 2, Article 20; Point c of Clause 3, Clause 4 and Clause 5 of Article 22;
Article 24; Point b of Clause 1, Clause 2 and Clause 3 of Article 25; Point c
of Clause 1, Clauses 3, 4, 5 and 6 of Article 26; Clause 3 of Article 27;
Clauses 3 and 4, Article 28; Clauses 1, 3 and 4 of Article 29; Article 30;
Article 31; Point b Clause 2 and Point b Clause 3 Article 32; Clause 5 of
Article 33; Point b, Clause 1 and Clause 2, Article 35 of this Decree.
4. Authority to sanction administrative offences of
the Vietnam Coast Guard:
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b) Heads of naval squadrons of the Coast Guard
shall sanction the administrative offences defined in Clauses 1 and 2, Article
8; Point b, Clause 2, Article 13; Point b, Clause 4, Article 17; Clause 2 of
Article 20; Point c of Clause 3, Clause 4 and Clause 5 of Article 22; Point b
Clause 2 and Point b Clause 3 Article 32 of this Decree;
c) Regional commanders of the Coast Guard shall
sanction the administrative offences defined in Article 8; Point b, Clause 2,
Article 13; Point b, Clause 4, Article 17; Clause 2 of Article 20; Point c of
Clause 3, Clause 4 and Clause 5 of 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;
d) Chief Commander of the Command Committee of the
Vietnam Coast Guard shall sanction the administrative offences defined in
Clause 2 and Point b Clause 3 Article 7; Article 8; Point b, Clause 2, Article
13; Point b, Clause 4, Article 17; Clause 2 of Article 20; Point c of Clause 3,
Clause 4 and Clause 5 of 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.
5. Authority to sanction administrative offences of
the Border Guard:
a) Heads of border guard stations, heads of
squadrons of the border guard, commanders of command committees of border-gate
guards shall sanction the administrative offences specified at Point b, Clause
2, Article 13; Point b, Clause 4, Article 17; Clause 2 of Article 20; Point c,
Clause 3, Article 22; Point b Clause 2 and Point b Clause 3 Article 32 of this
Decree;
b) Commanders of provincial-level border guards,
heads of squadrons of the border guard under the control of the Command
Committee of the Border Guard shall sanction the administrative offences
specified in Clauses 2 and b, Clause 3, Article 7; Article 8; Point b, Clause
2, Article 13; Point b, Clause 4, Article 17; Clauses 1 and 2, Article 20;
Point c of Clause 3, Clause 4 and Clause 5 of 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.
6. Authority to sanction administrative offences of
customs authorities:
a) Heads of Customs Sub-Departments, Heads of
Sub-Departments of Post-Customs Clearance Inspection, Heads of Control Teams of
Customs Departments of provinces, inter-provinces and centrally-run cities,
Heads of Smuggling Prevention and Control Teams, Heads of Customs procedure
teams, Captains of Border Guard Flotillas under the Anti-Smuggling Investigation
Department affiliated to the General Department of Customs shall sanction the
administrative offences 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 of Article 22; Point
b Clause 1, Point b Clause 2 and Point b Clause 3 Article 32 of this Decree;
b) The Director of the Anti-Smuggling Investigation
Department, the Director of the Post-Customs Clearance Inspection Department
under the General Department of Customs, and Directors of Customs Departments
of provinces, inter-provinces and centrally-run cities shall sanction the
administrative offences defined in Clause 2 and Point b Clause 3 Article 7;
Article 8; Point b, Clause 2, Article 13; Point b, Clause 4, Article 17;
Article 19; Clauses 1 and 2, Article 20; Article 22; Point b Clause 1, Point b
Clause 2 and Point b Clause 3 Article 32; Point b, Clause 1 and Clause 2,
Article 35 of this Decree;
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7. Authority to sanction administrative offences of
the Market Surveillance Agency:
a) Heads of the Market Management Teams shall
sanction the administrative offences specified in Clause 1, Article 7; Clause 4
of Article 9; Clauses 2 and 4, Article 10; Article 11; Clause 1, Clause 2 and
Point a Clause 4 Article 17; Article 18; Points 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;
b) Directors of the provincial Market Surveillance
Departments and Director of Department of Market Surveillance Operations
affiliated to the General Department of Market Surveillance shall sanction the
administrative offences specified in Clause 3, Article 6; Clause 1 and Point a
Clause 3 Article 7; Clause 4 of Article 9; Clauses 2 and 4, Article 10; Article
11; Clause 1, Clause 2 and Point a Clause 4 Article 17; Article 18; Clauses 1
and 2, Article 20; Clause 1, point a and point b clause 2, point b and point c
clause 3, clause 4, clause 5 Article 22; Point a Clause 1, Point a Clause 2 and
Point a Clause 3 Article 32 of this Decree;
c) Director of the General Department of Market
Surveillance shall sanction the administrative offences specified in Clause 3
of Article 6; Clause 1 and Point a Clause 3 Article 7; Clause 4 of Article 9;
Clauses 2 and 4, Article 10; Article 11; Clause 1, Clause 2 and Point a Clause
4 Article 17; Article 18; Clauses 1 and 2, Article 20; Clause 1, point a and
point b clause 2, point b and point c clause 3, clause 4, clause 5 Article 22;
Point a Clause 1, Point a Clause 2 and Point a Clause 3 Article 32 of this
Decree.
Article 45. Application of
injunctive actions to prevent administrative offences and assure the
enforcement of administrative sanctions
1. In case where only fines are applied to the
violating organizations or individuals, the persons competent to sanction
administrative offences arising from animal husbandry shall have the rights to
temporarily seize papers related to dedicated means and professional
qualifications until the complete execution of sanction decisions. In case
where the violating organizations or individuals do not have the
above-mentioned papers, the persons competent to sanction administrative
offences may request the violating organizations or individuals to move the
means to the authority’s offices for further actions, or temporarily impound
material evidences and means under their authority.
In case of committing administrative offences but,
according to this Decree, imposing supplementary penalties existing in the form
of confiscation of material evidences, persons competent to sanction animal
husbandry offences shall be entitled to request organizations and individuals
committing offences to bring the means to the authority's offices for further
actions, or temporarily impound material evidences and means under their
authority.
2. Authority, processes and procedures for
application of injunctive actions to prevent administrative offences and assure
the execution of administrative sanctions in the animal farming sector shall be
subject to the Law on Handling of Administrative Violations.
Chapter IV
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Article 46. Entry into force
1. This Decree shall enter into force as of April
20, 2021.
2. This Decree shall repeal regulations on animal
feed and animal breeds in the Government's Decree No. 64/2018/ND-CP dated May
7, 2018 on sanctioning administrative violations in the field of livestock
breeds, animal feed and aqua feed; Point b, Clause 7, Article 20 of the
Government's Decree No. 90/2017/ND-CP dated July 31, 2017, providing for the
sanctioning of administrative violations in the animal health sector.
Article 47. Transitional
provisions
1. With respect to any administrative offence
arising from animal husbandry activities that occurs prior to the entry into
force of this Decree, if it is detected or under consideration for actions,
regulations beneficial to the violating persons or entities must be applied.
2. If sanctioned persons or entities or persons
subject to administrative actions continue to appeal against administrative
sanction decisions already issued or executed completely before the entry into
force of this Decree, regulations of the Government’s Decree No. 64/2018/ND-CP
dated May 7, 2018, providing for penalties for administrative violations
against regulations on livestock breeds, animal feeds and aqua feeds shall be
applied.
3. With respect to offences involving animal
husbandry activities that are discovered after the entry into force of this
Decree, if they are categorized as transitional cases as prescribed in the Law
on Animal Husbandry and documents providing specific details of implementation
of the Law on Animal Husbandry, regulations of the Government’s Decree No.
64/2018/ND-CP dated May 7, 2018, providing for penalties for administrative
violations against regulations on livestock breeds, animal feeds and aqua feeds
shall be applied until expiration of the transitional period.
Article 48. Implementation
responsibilities
1. The Minister of Agriculture and Rural Development
shall be responsible for monitoring, guiding and leading the implementation of
this Decree.
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PP. GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc