THE GOVERNMENT OF VIETNAM
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SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 31/2023/ND-CP
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Hanoi, June 09, 2023
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DECREE
ADMINISTRATIVE PENALTIES FOR VIOLATIONS AGAINST REGULATIONS
ON CROP PRODUCTION
Pursuant to the Law on
Government Organization dated June 19, 2015; the Law on amendments to some
Articles of Law on Government Organization and Law on Local Government
Organization dated November 22, 2019;
Pursuant to the Law on
Handling Administrative Violations dated June 20, 2012; the Law on amendments
to some Articles of Law on Handling Administrative Violations dated November
13, 2020;
Pursuant to the Law on
Crop Production November 19, 2018;
Pursuant to the Law on
Intellectual Property dated November 29, 2005; the Law on amendments to some
Articles of Law on Intellectual Property dated June 19, 2009; the Law on
amendments to some Articles of Law on Intellectual Property dated June 16,
2022;
Upon the request of
the Minister of Agriculture and Rural Development;
The Government
promulgates Decree on administrative penalties for violations against
regulations on crop production.
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GENERAL PROVISIONS
Article 1. Scope
1. This Decree provides
for administrative violations, penalties, fines, remedial measures against each violation, authority to impose
administrative penalties and fines imposed by authorized title holders, and
authority to record administrative violations against regulations on crop
production.
2. Other administrative
violations against regulations on crop production which are not prescribed
in this Decree shall be governed by other relevant Government's Decrees on
penalties for administrative violations within the scope of state management.
Article 2. Regulated
entities
1. This Decree applies to
Vietnamese and foreign organizations and individuals (hereinafter referred to
as “entities”), households and household businesses that commit administrative
violations against regulations on crop production in territory of Vietnam;
persons having authority to record administrative violations, persons having
authority to impose administrative penalties and fines for violations against
regulations on crop production and relevant entities and individuals.
2. Entities that incur
penalties for administrative violations regulated by this Decree include:
a) Regulatory authorities
committing violations which are not related to their assigned state management
tasks;
b) Business entities
established under the Law on Enterprises, including sole proprietorships,
joint-stock companies, limited liability companies and partnerships;
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d) Representative offices
and branches of foreign traders in Vietnam; representative offices of foreign
trade promotion organizations in Vietnam;
dd) Social organizations,
socio-political organizations, socio-political and professional organizations,
and socio-professional organizations;
e) Public service
providers and other organizations as prescribed by law.
3. Household or household
businesses committing violations against regulations herein shall incur the
same penalties as violating individuals."
Article 3.
Prescriptive period
The prescriptive period
for imposition of penalties for administrative violations against regulations
on crop production shall be 01 year. The prescriptive period for imposition of
penalties for the following administrative violations shall be 02 years:
1. Violations against
regulations on protection of plant variety rights.
2. Violations against
regulations on production, trade, export and import of plant varieties.
3. Violations against
regulations on production, trade, export and import of fertilizers.
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1. Main penalties:
a) Warnings;
b) Fines.
2. Additional penalties:
a) Suspension of the
decision on recognition of a plant variety testing organization; the decision
on recognition of circulation of the plant variety or the decision on
recognition of new plant varieties; the certificate of training in field
inspection; the certificate of sampling of propagating materials; the
certificate of conformance to fertilizer production regulations; the
certificate of conformance to fertilizer trading regulations; the fertilizer
import permit; the decision on recognition of fertilizer testing organizations
or the decision on recognition of fertilizer testing eligibility;
b) Suspension of
operation for 01 – 03 months;
c) Confiscation of
exhibits and instrumentalities used for committing administrative violations;
3. Remedial measures:
a)
Enforced implementation of measures for control of environmental
pollution and prevention of the spread of epidemics;
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c) Enforced addition of
stored samples or provision of stored samples that ensure the quality or
storage of samples according to regulations;
d) Enforced return of the
plant variety patent to the competent agency/person that has issued such
patent;
dd) Enforced destruction
or repurposing of plant varieties for violations against regulations on
production, trade and audit of plant varieties; enforced destruction or
re-export of plant varieties for violations against regulations on import of
plant varieties;
e) Enforced storage of
plant variety testing dossiers according to regulations;
g) Enforced
cancellation of testing results; results of sampling of propagating
materials; results of audit of plant variety batches; results of analysis and
testing of the quality of propagating materials;
h) Enforced formulation
of the plan for use of topsoil of the land shifted from the arable wet rice
cultivation land when facilities are built;
i) Enforced extraction of
topsoil of the land shifted from the arable wet rice cultivation land according
to the topsoil use plan when facilities are built;
k) Enforced seizure of
fertilizers for retesting; enforced use of fertilizers for intended purposes
stated in the fertilizer import license;
l) Enforced destruction
of produced fertilizers of which types are not specified in certificates of
conformance to fertilizer production regulations; fertilizers without obtaining
the decision on authorization of marketing of fertilizers in Vietnam or
fertilizers with the Decision on authorization of marketing of fertilizers in
Vietnam which has expired or revoked;
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n) Enforced
cancellation of fertilizer testing results; fertilizer sampling results;
and fertilizer quality testing results;
o) Enforced revocation
and destruction of dossiers and documents;
p) Enforced return of
decisions, certificates, licenses and practicing certificates whose information
is erased or intentionally corrected to competent authorities or
persons that have issued such decisions, certificates, licenses and practicing
certificates.
Article 5. Fines and
authority to impose fines
1. The maximum fine
imposed upon an individual for commission of an administrative violation
against any regulation on crop production (except for fertilizer) is VND
50.000.000.
2. The maximum fine
imposed upon an individual for commission of an administrative violation
against any regulation on fertilizer is VND 100.000.000.
3. The fines for
administrative violations prescribed in Chapter II, Chapter III herein are
imposed upon individuals. The fine incurred by an organization is twice as much
as that incurred by an individual for commission of the same administrative
violation.
4. The maximum fine
imposed by one of the persons specified in Chapter IV of this Decree is imposed
upon an administrative violation committed by an individual; the maximum fine
such a person may impose upon an organization is twice as much as that imposed
upon an individual.
Article 6.
Determination of whether an administrative violation has been completed or is
ongoing
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Article 7. Penalties
for repetitive administrative violations
1. Entities committing
repetitive administrative violations and not mentioned under Clause 2 of this
Clause shall incur penalties for every administrative violation without taking
into account aggravating circumstances caused by repetitive violations when
decisions on imposition of penalties for administrative violations are issued;
2. Entities committing
repetitive violations of violations under Points c and d Clause 3, Point a
Clause 4 Article 21 hereof shall face aggravating circumstances for committing
repetitive violations when decisions on imposition of penalties for
administrative violations are issued instead of facing penalties for each
administrative violation.
Chapter II
PENALTIES, FINES, REMEDIAL MEASURES,
ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON CROP PRODUCTION (EXCEPT FOR
FERTILIZERS)
Article 8. Violations
against regulations on plant variety testing
1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be
imposed for failing to store plant variety testing dossiers in accordance with
regulations.
2. A fine ranging from VND 15.000.000 to VND 20.000.000 shall
be imposed for one of the following violations:
a) Failing to maintain
the satisfaction of requirements for carrying out the plant variety testing
which is approved by a competent authority at the time when the decision on
recognition of a plant variety testing organization is issued.
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c) Failing to conduct the
plant variety testing according to the decision on recognition of a plant
variety testing organization.
3. A fine ranging from VND 20.000.000 to VND 25.000.000 shall
be imposed for providing incorrect results of plant variety testing.
4. A fine ranging from VND 25.000.000 to VND 30.000.000 shall
be imposed for testing plant varieties that are main plant species in case
where the decision on recognition of a plant variety testing organization has
not been issued or re-issued by the competent authority or has been cancelled.
5. A fine ranging from VND 30.000.000 to VND 35.000.000 shall
be imposed for testing genetically modified plant varieties without obtaining
biosafety certificate and certificate of genetically modified plants eligible
for use as food/animal feed according to regulations of the Law on Biodiversity.
6. A fine ranging from VND 35.000.000 to VND 40.000.000 shall
be imposed for providing testing results even though there is none of plant
variety tests or plant variety tests do not conform to applicable regulations.
7. A fine ranging from VND 40.000.000 to VND 50.000.000 shall
be imposed for erasing or intentionally correcting plant variety testing
documents;
8. Additional penalties:
a) The decision on
recognition of a plant variety testing organization shall be suspended for a
fixed period of 01 - 03 months if one of the violations prescribed in Clause 2
of this Article is repeated or re-committed.
b) The decision on
recognition of a plant variety testing organization shall be suspended for a
fixed period of 06 - 09 months if one of the violations prescribed in Clause 3
of this Article is repeated or re-committed.
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9. Remedial measures:
a) Enforced storage of
plant variety testing dossiers according to regulations for violations
specified in Clause 1 of this Article;
b) Enforced cancellation of
testing results for violations specified in Clauses 2, 3, 4, 5 and 6 of this
Article;
c) Enforced revocation
and destruction of dossiers and documents for violations specified in Clause 7
of this Article.
Article 9. Violations
against regulations on storage of plant variety samples
1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be
imposed for failing to send additional stored samples as required by the sample
storage facility in case such samples are unqualified as prescribed in National
Technical Regulation on quality of seeds or such samples are inadequate as
prescribed by the Ministry of Agriculture and Rural Development.
2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall
be imposed for failing to provide stored samples when the competent authority
conducts inspection and handles disputes about plant varieties.
3. A fine ranging from VND 10.000.000 to VND 15.000.000 shall
be imposed for failing to store plant variety samples in accordance with
regulations or ensure uniformity between samples stored and samples
provided to the competent authority or the testing organization.
4. A fine ranging from VND 15.000.000 to VND 20.000.000 shall
be imposed for failing to send plan varieties registered for testing in order
to recognize circulation that match stored samples.
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a) Enforced provision of
additional stored samples for violations specified in Clause 1 of this
Article;
b) Enforced provision of
stored samples for violations specified in Clause 2 of this Article;
c) Enforced storage of
samples in accordance with regulations for violations specified in Clause
3 of this Article;
d) Enforced cancellation
of testing results for recognition of circulation of plant varieties for
violations specified in Clause 4 of this Article;
Article 10. Violations
against regulations on production of plant varieties
1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall
be imposed for producing plant varieties that are not main plant species for
purchase and sale without obtaining permission for self-declaration of
circulation in Vietnam or without obtaining the decision on recognition of
circulation, the decision on recognition of new plant varieties or the decision on recognition of privileged
circulation of plant varieties; or without authorization by the entity that
owns plant varieties with self-announcement of circulation or with the decision
on recognition of circulation or the decision on recognition of new plant
varieties.
2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall
be imposed for one of the following violations:
a) Failing to produce
plant varieties that are main plant species for purchase and sale according to
the decision on recognition of circulation, the decision on recognition of new
plant varieties or the decision on
recognition of privileged circulation of plant varieties;
b) Producing plant
varieties without owning or hiring location, facilities and equipment
conformable to national standards of methods for production of plant varieties
or local standards in the absence of national standards.
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a) A fine ranging from
VND 5.000.000 to VND 7.000.000 shall be imposed for producing a plant variety
batch of less than 500 plant varieties;
b) A fine ranging from
VND 7.000.000 to VND 10.000.000 shall be imposed for producing a plant variety
batch of from 500 plant varieties to less than 1.000 plant varieties;
c) A fine ranging from
VND 10.000.000 to VND 15.000.000 shall be imposed for producing a plant variety
batch of from 1.000 plant varieties to less than 2.000 plant varieties;
d) A fine ranging from
VND 15.000.000 to VND 20.000.000 shall be imposed for producing a plant variety
batch of from 2.000 plant varieties to less than 3.000 plant varieties;
dd) A fine ranging from
VND 20.000.000 to VND 25.000.000 shall be imposed for producing a plant variety
batch of from 3.000 plant varieties to less than 5.000 plant varieties;
e) A fine ranging from
VND 25.000.000 to VND 30.000.000 shall be imposed for producing a plant variety
batch of over 5.000 plant varieties;
4. A fine shall be imposed for producing plant varieties that
are main plant species for purchase and sale without obtaining the decision on
recognition of circulation, the decision on recognition of new plant varieties
or the decision on recognition of privileged circulation; or without
authorization by the entity that owns plant varieties issued with the decision
on recognition of circulation or the decision on recognition of new plant varieties.
To be specific:
a) A fine ranging from
VND 5.000.000 to VND 10.000.000 shall be imposed for a quantity of produced
plant varieties worth less than VND 50.000.000 or in case the illegal profit
obtained is less than VND 15.000.000;
b) A fine ranging from
VND 10.000.000 to VND 15.000.000 shall be imposed for a quantity of produced
plant varieties worth from VND 50.000.000 to less than VND 75.000.000 or in
case the illegal profit obtained is from VND 15.000.000 to less than VND 25.000.000;
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d) A fine ranging from
VND 20.000.000 to VND 25.000.000 shall be imposed for a quantity of produced
plant varieties worth from VND 100.000.000 to less than VND 125.000.000 or in
case the illegal profit obtained is from VND 35.000.000 to less than VND
50.000.000;
dd) A fine ranging from
VND 25.000.000 to VND 30.000.000 shall be imposed for a quantity of produced
plant varieties worth from VND 125.000.000 to less than VND 150.000.000 or in
case the illegal profit obtained is from VND 50.000.000 to less than VND
65.000.000;
e) A fine ranging from
VND 30.000.000 to VND 35.000.000 shall be imposed for a quantity of produced
plant varieties worth from VND 150.000.000 to less than VND 175.000.000 or in
case the illegal profit obtained is from VND 65.000.000 to less than VND
80.000.000;
g) A fine ranging from
VND 35.000.000 to VND 40.000.000 shall be imposed for a quantity of produced
plant varieties worth from VND 175.000.000 to less than VND 200.000.000 or in
case the illegal profit obtained is from VND 80.000.000 to less than VND
100.000.000;
h) A fine ranging from
VND 40.000.000 to VND 50.000.000 shall be imposed for a quantity of produced
plant varieties worth over VND 200.000.000 or in case the illegal profit
obtained is over VND 100.000.000 when there
is a decision not to institute criminal proceedings, a decision on annulment of
the decision on institution of criminal proceedings, a decision to terminate
investigation, a decision to dismiss the lawsuit, or a decision to dismiss the
lawsuit against the suspect or to grant exemption from criminal
liability according to judgments issued by the presiding agency;
5. Additional penalty:
The decision on
recognition of circulation of the plant variety or the decision on recognition
of new plant varieties shall be suspended for a fixed period of 03 - 06 months
if the entity commits the violation specified in Point a, Clause 2 of this
Article.
6. Remedial measures:
a) Enforced destruction
of plant varieties for violations specified in Clauses 3 and 4 of this Article;
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Article 11. Violations
against regulations on trade in plant varieties
1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be
imposed for one of the following violations:
a) Selling and purchasing
plant varieties that are not main plant species without obtaining permission
for self-declaration of circulation of plant varieties according to regulations
of the law on crop production;
b) Selling and purchasing
plant varieties without notifying the Department of Agriculture and Rural
Development of province where such plant varieties are purchased and sold of
the transaction address, name of the entity or legal representative and contact
phone number.
2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall
be imposed for purchasing and selling plant varieties (except for perennial
fruit trees and industrial perennials) without having documents ensuring
tracing of the origin of plant variety batches or documents on the quality of
plant variety batches according to regulations.
3. A fine shall be imposed for purchasing and selling
perennial fruit trees and industrial perennials without having documents
ensuring tracing of the origin of plant variety batches or documents on the
quality of plant variety batches according to regulations. To be specific:
a) A fine ranging from
VND 3.000.000 to VND 4.000.000 shall be imposed for purchasing and selling a
plant variety batch of less than 100 plant varieties;
b) A fine ranging from
VND 4.000.000 to VND 5.000.000 shall be imposed for purchasing and selling a
plant variety batch of from 100 plant varieties to less than 200 plant
varieties;
c) A fine ranging from
VND 5.000.000 to VND 7.000.000 shall be imposed for purchasing and selling a
plant variety batch of from 200 plant varieties to less than 500 plant
varieties;
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4. A fine shall be
imposed for purchasing and selling plant varieties whose period of use expires.
To be specific:
a) A fine ranging from
VND 1.000.000 to VND 3.000.000 shall be imposed for a plant variety batch worth
less than VND 5.000.000;
b) A fine ranging from
VND 3.000.000 to VND 5.000.000 shall be imposed for a plant variety batch worth
from VND 5.000.000 to less than VND 10.000.000;
c) A fine ranging from
VND 5.000.000 to VND 10.000.000 shall be imposed for a plant variety batch
worth from VND 10.000.000 to less than VND 20.000.000;
d) A fine ranging from
VND 10.000.000 to VND 15.000.000 shall be imposed for a plant variety batch
worth from VND 20.000.000 to less than VND 30.000.000;
dd) A fine ranging from
VND 15.000.000 to VND 20.000.000 shall be imposed for a plant variety batch
worth from VND 30.000.000 to less than VND 40.000.000;
e) A fine ranging from
VND 20.000.000 to VND 30.000.000 shall be imposed for a plant variety batch
worth from VND 40.000.000 to less than VND 50.000.000;
g) A fine ranging from
VND 30.000.000 to VND 40.000.000 shall be imposed for a plant variety batch
worth from VND 50.000.000 to less than VND 70.000.000;
h) A fine ranging from
VND 40.000.000 to VND 50.000.000 shall be imposed for a plant variety batch
worth over VND 70.000.000;
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a) A fine ranging from
VND 5.000.000 to VND 10.000.000 shall be imposed for an amount of
purchased/sold plant varieties worth less than VND 50.000.000 or in case the
illegal profit obtained is less than VND 15.000.000;
b) A fine ranging from
VND 10.000.000 to VND 15.000.000 shall be imposed for an amount of
purchased/sold plant varieties worth from VND 50.000.000 to less than VND
75.000.000 or in case the illegal profit obtained is from VND 15.000.000
to less than VND 25.000.000;
c) A fine ranging from
VND 15.000.000 to VND 20.000.000 shall be imposed for an amount of
purchased/sold plant varieties worth from VND 75.000.000 to less than VND
100.000.000 or in case the illegal profit obtained is from VND 25.000.000
to less than VND 35.000.000;
d) A fine ranging from
VND 20.000.000 to VND 25.000.000 shall be imposed for an amount of
purchased/sold plant varieties worth from VND 100.000.000 to less than VND
125.000.000 or in case the illegal profit obtained is from VND 35.000.000
to less than VND 50.000.000;
dd) A fine ranging from
VND 25.000.000 to VND 30.000.000 shall be imposed for an amount of
purchased/sold plant varieties worth from VND 125.000.000 to less than VND
150.000.000 or in case the illegal profit obtained is from VND 50.000.000
to less than VND 65.000.000;
e) A fine ranging from
VND 30.000.000 to VND 35.000.000 shall be imposed for an amount of
purchased/sold plant varieties worth from VND 150.000.000 to less than VND 175.000.000
or in case the illegal profit obtained is from VND 65.000.000 to less than
VND 80.000.000;
g) A fine ranging from
VND 35.000.000 to VND 40.000.000 shall be imposed for an amount of
purchased/sold plant varieties worth from VND 175.000.000 to less than VND
200.000.000 or in case the illegal profit obtained is from VND 80.000.000
to less than 100.000.000;
h) A fine ranging from
VND 40.000.000 to VND 50.000.000 shall be imposed for an amount of
purchased/sold plant varieties worth over VND 200.000.000 or in case the
illegal profit obtained is over VND 100.000.000 when there is a decision
not to institute criminal proceedings, a decision on annulment of the decision
on institution of criminal proceedings, a decision to terminate investigation,
a decision to dismiss the lawsuit, or a decision to dismiss the lawsuit against
the suspect or to grant exemption from criminal liability according
to judgments issued by the presiding agency;
6. Additional penalty:
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7. Remedial measures:
a) Enforced repurposing
of plant varieties for any violation specified in Clause 4 of this Article;
enforce destruction of plant varieties that are not eligible for repurposing.
b) Enforced destruction
of plant varieties for any violation specified in Clause 5 of this Article;
c) Enforced return of
illegal profits obtained from violations specified in this Article.
Article 12. Violations
against regulations on evaluation of plant variety cultivation fields
1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be
imposed for failing to evaluate plant variety cultivation fields according to
the certificate of training in evaluation of plant variety cultivation fields.
2. A fine ranging from VND 5.000.000 to VND 7.000.000 shall be
imposed for failing to evaluate plant variety cultivation fields according to
national standards on methods for evaluation of plant variety cultivation
fields.
3. A fine ranging from VND 7.000.000 to VND 10.000.000 shall
be imposed for evaluating plant variety cultivation fields without obtaining the
certificate of training in evaluation of plant variety cultivation fields.
4. A fine ranging from VND 15.000.000 to VND 20.000.000 shall
be imposed for producing plant varieties without evaluating plant variety
cultivation fields according to regulations.
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The certificate of
training in evaluation of plant variety cultivation fields shall be suspended
for a fixed period of 06 - 12 months for commission of one of the violations
prescribed in Clauses 1 and 2 of this Article.
6. Remedial measures:
a) Enforced cancellation
of results of testing plant varieties for violations specified in Clauses 1, 2
and 3 of this Article;
b) Enforced repurposing
of plant variety batches for violations specified in this Article.
Article 13. Violations
against regulations on sampling of propagating materials
1. A fine ranging from VND 2.000.000 to VND 3.000.000 shall be
imposed for failing to take samples of propagating materials according to the
certificate of training in sampling of propagating materials.
2. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be
imposed for failing to take samples of propagating materials according to
national standards on methods for sampling of propagating materials.
3. A fine ranging from VND 5.000.000 to VND 7.000.000 shall be
imposed for taking samples of propagating materials without obtaining the
certificate of training in sampling of propagating materials.
4. Additional penalty:
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5. Remedial measure:
Enforced
cancellation of results of sampling of propagating materials and results
of analysis and testing of the quality of propagating materials for violations
specified in this Article.
Article 14. Violations
against regulations on export of plant varieties
1. A fine ranging from VND 10.000.000 to VND 15.000.000 shall
be imposed for exporting plant varieties and their hybrid seeds without
obtaining the decision on recognition of circulation, permission for
self-declaration of circulation, and appearing in the Nomenclature of genetic
resources of plant varieties prohibited from export for research, testing,
advertising, exhibition and non-commercial international exchange purposes in
contravention of the plant variety export license.
2. A fine ranging from VND 15.000.000 to VND 20.000.000 shall
be imposed for exporting, without obtaining the plant variety export license,
plant varieties and their hybrid seeds without obtaining the decision on
recognition of circulation, permission for self-declaration of circulation, and
appearing in the Nomenclature of genetic resources of plant varieties prohibited
from export for research, testing, advertising, exhibition and non-commercial
international exchange purposes.
3. A fine ranging from VND 40.000.000 to VND 50.000.000 shall
be imposed for exporting plant varieties that are included in the Nomenclature
of genetic resources of plant varieties prohibited from export.
4. Additional penalty:
Exhibits and
instrumentalities used for committing administrative violations specified in
this Article shall be confiscated;
5. Remedial measure:
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Article 15. Violations
against regulations on import of plant varieties
1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be
imposed for importing, without reporting results of import and use of plant
varieties to the competent authority according to regulations, plant varieties
without obtaining the decision on recognition of circulation, permission for
self-declaration of circulation for research, testing, advertising, exhibition
and non-commercial international exchange purposes.
2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall
be imposed for failing to import plant varieties without obtaining the decision
on recognition of circulation, permission for self-declaration of circulation
for research, testing, advertising, exhibition and non-commercial international
exchange purposes according to the plant variety export license.
3. A fine ranging from VND 15.000.000 to VND 20.000.000 shall
be imposed for importing, without the plant variety export license, plant
varieties without obtaining the decision on recognition of circulation,
permission for self-declaration of circulation for research, testing,
advertising, exhibition and non-commercial international exchange purposes.
4. A fine ranging from VND 40.000.000 to VND 50.000.000 shall
be imposed for importing plant varieties that are harmful to production, human
health and ecological environment.
5. Remedial measure:
a)
Enforced re-export of plant varieties for violations specified in Clauses 2, 3
and 4 of this Article; Enforced
destruction of plant varieties in case where such plant varieties cannot be
re-exported;
b)
Enforced implementation of measures for control of environmental
pollution and prevention of the spread of epidemics for violations specified in
Clause 4 of this Article;
Article 16. Violations
against regulations on management of licenses and practicing certificates of
plant varieties
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a) Decision on
recognition of circulation of the plant variety or a decision on recognition of
new plant varieties;
b) Decision on recognition
of a plant variety testing organization;
c) Decision on
recognition of the first-generation plant or a decision on recognition of the
first-generation plant garden;
d) Certificate of
training in field inspection; a certificate of sampling of propagating
materials;
dd) Practicing
certificate for representative service of rights to plant varieties;
e) License to export and
import plant varieties.
2. A fine ranging from VND 15.000.000 to VND 20.000.000 shall
be imposed for erasing or intentionally correcting contents of one of licenses
or practicing certificates of plant varieties specified in Clause 1 of this
Article;
3. Remedial measures:
a) Enforced return of
illegal profits obtained from violations specified in Clause 1 of this Article.
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Article 17. Violations
against regulations on rights of plant variety patent holders
1. A fine ranging from VND 20.000.000 to VND 30.000.000 shall
be imposed for using a plant variety, of which the application for a patent has
been accepted, for commercial purposes without payment of compensates as
regulated in Article 189 of the Law on Intellectual Property.
2. A fine ranging from VND 40.000.000 to VND 50.000.000 shall
be imposed for using rights of a plant variety patent holder on propagating
materials of a registered plant variety without consent of such patent holder
for any of the following purposes:
a) Production or
propagation;
b) Treatment for
propagation purpose;
c) Offering;
d) Sale or performance of
activities for access to the market;
dd) Export;
e) Import;
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h) Performance of any of
the acts in Points a, b, c, d, dd and e of this Clause with regard to plant
varieties of which the production must use the registered varieties;
i) Performance of any of
the acts specified in Points a, b, c, d, dd and e of this Clause with regard to
plant varieties originated from registered plant varieties, except for the
cases where a registered plant variety is originated from another.
3. A fine ranging from VND 40.000.000 to VND 50.000.000 shall
be imposed for using any harvested material obtained from the illegal use of
propagating materials of the registered plant variety to perform the acts
specified in Clause 2 of this Article, except for the case where the plant
variety patent holder has had the reasonable opportunity to exercise his
or her right to propagation materials without exercising the right.
4. A fine ranging from VND 40.000.000 to VND 50.000.000 shall
be imposed for using a variety denomination which is the same or similar with
the denomination of a registered variety of the same, or a closely related,
species.
5. Additional penalty:
Exhibits and
instrumentalities used for committing administrative violations specified in
Clauses 1, 2 and 3 of this Article shall be confiscated;
6. Remedial measure:
Enforced return of
illegal profits obtained from violations specified in this Article.
Article 18. Violations
against regulations on obligations of plant variety patent holders and plant breeders
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a) Plant variety
patent holders fail to transfer the rights to use registered
varieties upon decisions on compulsory transfer granted by competent agencies.
b) Plant variety
patent holders fail to pay remuneration to plant breeders as regulated;
c) Plant variety patent holders
fail to meet requirements for distinctness, uniformity and stability of
registered plant varieties as at the time when plant variety patents are
granted but still exploit and use propagating materials;
d) Plant breeders fail to
assist plant variety patent holders in maintaining propagating materials
of registered plant varieties;
2. A fine ranging from VND 20.000.000 to VND 30.000.000 shall
be imposed for using plant variety patents, whose validity is expired,
suspended or annulled, to exercise rights to plant varieties.
3. Remedial measures:
a) Enforced return of
illegal profits obtained from violations specified in Point c Clause 1 and
Clause 2 of this Article;
b) Enforced return of
plant variety patents to competent authorities or persons that have issued such
patents for violations specified in point c Clause 1 of this Article.
Article 19. Violations
against regulations on collection of plant by-products
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Article 20. Violations
against regulations on protection and use of topsoil of arable land for wet
rice cultivation
1. A fine shall be imposed for constructing works on land
repurposed from arable wet rice cultivation land that affects the topsoil
without a topsoil use plan. To be specific:
a) A fine ranging from
VND 5.000.000 to VND 10.000.000 shall be imposed for a land area of below 0,5
ha;
b) A fine ranging from
VND 10.000.000 to VND 20.000.000 shall be imposed for a land area from 0,5 ha
to below 1,0 ha;
c) A fine ranging from
VND 20.000.000 to VND 30.000.000 shall be imposed for a land area from 1,0 ha
to below 3,0 ha;
d) A fine ranging from
VND 30.000.000 to VND 40.000.000 shall be imposed for a land area from 3,0 ha
to below 5,0 ha;
dd) A fine ranging from
VND 40.000.000 to VND 50.000.000 shall be imposed for a land area of equal to
and more than 5,0 ha;
2. A fine shall be imposed for constructing works on land
repurposed from arable wet rice cultivation land that affects the topsoil
without extraction of the topsoil according to the topsoil use plan. To be
specific:
a) A fine ranging from
VND 5.000.000 to VND 10.000.000 shall be imposed for a land area of below 0.5
ha;
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c) A fine ranging from
VND 20.000.000 to VND 30.000.000 shall be imposed for a land area from 1,0 ha
to below 3,0 ha;
d) A fine ranging from
VND 30.000.000 to VND 40.000.000 shall be imposed for a land area from 3,0 ha
to below 5,0 ha;
dd) A fine ranging from
VND 40.000.000 to VND 50.000.000 shall be imposed for a land area of equal to
and more than 5,0 ha;
3. Additional penalty:
Operation shall be
suspended for 01 – 03 months for violations specified in this Article;
4. Remedial measures:
a) Enforced formulation
of the topsoil use plan and extraction of the topsoil according to this plan
for violations specified in Clause 1 of this Article;
b) Enforced extraction of
the topsoil according to the topsoil use plan for violations specified in
Clause 2 of this Article;
Chapter III
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Article 21. Violations
against regulations on production of fertilizers
1. A warning shall be issued for failing to make annual
reports on production, export and import of fertilizers.
2. A fine ranging from
VND 5.000.000 to VND 10.000.000 shall be imposed for one of the following
violations:
a) Falling to set up
spacious areas intended for separate storage of raw materials and finished
products;
b) Failing to make annual
reports on production, export and import of fertilizers for 2 consecutive years
or failing to make adhoc reports at the request of competent state management
agencies.
c) Failing to have
laboratories conforming to ISO 17025 standards or enter into contracts
with other designated testing organizations according to regulations of laws on
product and goods quality to assess quality indicators of their fertilizers
(except for establishments for the sole purpose of fertilizer packaging).
3. A fine ranging from VND 10.000.000 to VND 15.000.000 shall
be imposed for one of the following violations:
a) Persons directly
managing manufacturing of fertilizers fail to hold university or higher degrees
in one of the following specialties, including crop farming, plant protection,
agro-chemistry, pedology, agronomy, chemistry and biology.
b) Failing to seize or
failing to meet the deadline for seizure of fertilizers stipulated in competent
authority’s decisions.
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d) Failing to keep a
record of test results under regulations on record-keeping duration of specific
fertilizer batches;
4. A fine ranging from VND 15.000.000 to VND 20.000.000 shall
be imposed for one of the following violations:
a) Failing to carry out
testing and assessment of quality of each batch of finished fertilizers in one
of the laboratories specified in Clause 3 Article 12 of Government’s Decree No.
84/2019/ND-CP dated November 14, 2019 on management of fertilizers or a
designated laboratory before selling them on the market;
b) Failing to establish
the quality management system compliant with ISO 9001 or equivalent (except for
establishments that have been established for fewer than 01 year).
5. A fine ranging from VND 20.000.000 to VND 25.000.000 shall
be imposed for using fertilizer manufacturing lines and machinery, which do not
comply with the process of production of each type of fertilizers specified in
the application for the certificate of eligibility for fertilizer production
sent to relevant competent authorities.
6. A fine shall be imposed for any violation against
regulations on certificate of eligibility for fertilizer production. To be
specific:
a) A fine ranging from
VND 10.000.000 to VND 15.000.000 shall be imposed for erasing or intentionally
correcting contents of the certificate of eligibility for fertilizer
production;
b) A fine ranging from
VND 20.000.000 to VND 30.000.000 shall be imposed for failing to re-submit the
certificate of eligibility for fertilizer production according to the decision
of the competent authority;
c) A fine ranging from
VND 30.000.000 to VND 40.000.000 shall be imposed for producing fertilizers of
which types are not specified in the certificate of eligibility for fertilizer
production;
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dd) A fine ranging from
VND 60.000.000 to VND 70.000.000 shall be imposed for producing fertilizers
without obtaining the certificate of eligibility for fertilizer production; or
in case where the certificate of eligibility for fertilizer production has
expired, suspended or withdrawn;
7. A fine shall be imposed for producing fertilizers without
obtaining the decision on authorization of marketing of fertilizers in
Vietnam (except for production of fertilizers for research and testing;
production of fertilizers in pilot manufacturing projects or programs for
assistance in transfer of engineering and technological advances which are
implemented within the project or program execution duration), or with the
decision on authorization of marketing of fertilizers in Vietnam that has
expired or revoked.
a) A fine ranging from
VND 40.000.000 to VND 50.000.000 shall be imposed for a fertilizer batch worth
less than VND 50.000.000;
b) A fine ranging from
VND 40.000.000 to VND 50.000.000 shall be imposed for a fertilizer batch worth
from VND 50.000.000 to less than VND 70.000.000;
c) A fine ranging from
VND 60.000.000 to VND 70.000.000 shall be imposed for a fertilizer batch worth
from VND 70.000.000 to less than VND 100.000.000;
d) A fine ranging from
VND 70.000.000 to VND 80.000.000 shall be imposed for a fertilizer batch worth
from VND 100.000.000 to less than VND 150.000.000;
dd) A fine ranging from
VND 80.000.000 to VND 90.000.000 shall be imposed for a fertilizer batch worth
from VND 150.000.000 to less than VND 200.000.000;
8. A fine ranging from VND 90.000.000 to VND 100.000.000 shall
be imposed for producing fertilizers without obtaining the decision on
authorization of marketing of fertilizers in Vietnam (except for
production of fertilizers for research and testing; production of fertilizers
in pilot manufacturing projects or programs for assistance in transfer of
engineering and technological advances which are implemented within the project
or program execution duration); or producing fertilizers with the decision on
authorization of marketing of fertilizers in Vietnam that has expired or
revoked which are worth VND 200.000.000 and above or to earn illegal gains
which are worth from VND 100.000.000 and above when there is a decision not to
institute criminal proceedings, a decision on annulment of the decision on
institution of criminal proceedings, a decision to terminate investigation, a
decision to dismiss the lawsuit, or a decision to dismiss the lawsuit against
the suspect or to grant exemption from criminal liability according
to judgments issued by the presiding agency.
9. Additional penalties:
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b) The certificate of
eligibility for fertilizer production shall be suspended for a fixed period of
06 - 09 months if one of the violations prescribed in Clause 5 of this Article
is repeated or re-committed;
c) The certificate of
eligibility for fertilizer production shall be suspended for a fixed period of
06 - 09 months if one of the violations prescribed in Points c and d Clause 6
and Points a, b and c Clause 7 of this Article is committed;
d) The certificate of
eligibility for fertilizer production shall be suspended for a fixed period of
09 - 12 months if one of the violations prescribed in Points d and dd Clause 7
of this Article is committed;
dd) The certificate of
eligibility for fertilizer production shall be suspended for a fixed period of
20 - 24 months if one of the violations prescribed in Clause 8 of this Article
is committed;
10.
Remedial measures:
a) Enforced seizure of
fertilizer for re-testing for violations specified in Point a, Clause 4 of this
Article;
b) Enforced return of the
certificate of eligibility for fertilizer production for violations specified
in Point a, Clause 6 of this Article to the competent authority or person that
has issued such certificate.
c) Enforced destruction
of fertilizers for violations specified in Point c Clause 6 of this Article;
d) Enforced destruction
of fertilizers without obtaining the decision on authorization of marketing of
fertilizers in Vietnam or fertilizers with the decision on authorization
of marketing of fertilizers in Vietnam which has expired or revoked for
violations specified in Clauses 7 and 8 of this Article;
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Article 22. Violations
against regulations on trade in fertilizers (except for import of fertilizers)
1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be
imposed for erasing or intentionally correcting contents of the certificate of
eligibility for fertilizer trade;
2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall
be imposed for one of the following violations:
a) Trading fertilizers
without obtaining the certificate of eligibility for fertilizer trade;
b) Trading fertilizers
even when the certificate of eligibility for fertilizer trade has suspended or
withdrawn;
c) Failing to maintain
the satisfaction of requirements for trade in fertilizers according to
regulations in Clause 2 Article 42 of the 2018 Law on Crop Production
throughout the process of operation.
3. A fine shall be imposed for trading fertilizers without
obtaining the decision on authorization of marketing of fertilizers in
Vietnam or fertilizers with the decision on authorization of marketing of
fertilizers in Vietnam which has expired or revoked. To be specific:
a) A fine ranging from
VND 10.000.000 to VND 20.000.000 shall be imposed for a fertilizer batch worth
less than VND 50.000.000;
b) A fine ranging from
VND 20.000.000 to VND 30.000.000 shall be imposed for a fertilizer batch worth
from VND 50.000.000 to less than VND 100.000.000;
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d) A fine ranging from
VND 40.000.000 to VND 50.000.000 shall be imposed for a fertilizer batch worth
from VND 150.000.000 to less than VND 200.000.000;
dd) A fine ranging from
VND 50.000.000 to VND 60.000.000 shall be imposed for trading fertilizers
without obtaining the decision on authorization of marketing of fertilizers in
Vietnam; or trading fertilizers with the decision on authorization of marketing
of fertilizers in Vietnam that has expired or revoked which are worth VND
200.000.000 and above when there is a decision not to institute criminal proceedings,
a decision on annulment of the decision on institution of criminal proceedings,
a decision to terminate investigation, a decision to dismiss the lawsuit, or a
decision to dismiss the lawsuit against the suspect or to grant
exemption from criminal liability according to judgments issued by the
presiding agency.
4. Additional penalties:
a) The certificate of
eligibility for fertilizer trade shall be suspended for a fixed period of 01 -
03 months if the violation prescribed in Point a Clause 3 of this Article is
committed;
b) The certificate of
eligibility for fertilizer trade shall be suspended for a fixed period of 03 -
06 months if the violation prescribed in Point b Clause 3 of this Article is
committed;
c) The certificate of
eligibility for fertilizer trade shall be suspended for a fixed period of 06 -
09 months if the violation prescribed in Point c Clause 3 of this Article is
committed;
d) The certificate of
eligibility for fertilizer trade shall be suspended for a fixed period of 09 -
12 months if the violation prescribed in Point d Clause 3 of this Article is
committed;
d) The certificate of
eligibility for fertilizer trade shall be suspended for a fixed period of 12 -
15 months if the violation prescribed in Point dd Clause 3 of this Article is
committed;
5. Remedial measures:
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b) Enforced return of the
certificate of eligibility for fertilizer trade for violations specified in
Clause 1 of this Article to the competent authority or person that has issued
such certificate.
Article 23. Violations
against regulations on import of fertilizers
1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall
be imposed for erasing or intentionally correcting contents of the fertilizer
import license;
2. A fine shall be imposed for importing fertilizers that do
not meet quality standards, expired fertilizers, fertilizers that have not been
recognized for circulation in Vietnam without obtaining the fertilizer import
license or fertilizers without obtaining the fertilizer import license with
respect to those of which import requires the import license. To be specific:
a) A fine ranging from
VND 1.000.000 to VND 2.500.000 shall be imposed for a fertilizer batch worth
less than VND 20.000.000;
b) A fine ranging from
VND 2.500.000 to VND 5.000.000 shall be imposed for a fertilizer batch worth
from VND 20.000.000 to less than VND 30.000.000;
c) A fine ranging from
VND 5.000.000 to VND 10.000.000 shall be imposed for a fertilizer batch worth
from VND 30.000.000 to less than VND 50.000.000;
d) A fine ranging from
VND 10.000.000 to VND 15.000.000 shall be imposed for a fertilizer batch worth
from VND 50.000.000 to less than VND 100.000.000;
dd) A fine ranging from
VND 15.000.000 to VND 25.000.000 shall be imposed for a fertilizer batch worth
VND 100.000.000 and above;
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a)
Enforced re-export of fertilizers for any violation specified in Clause 2 of
this Article in case of import of fertilizers that do not meet quality
standards (except for fertilizers that do not meet standards of pHH2O, humidity
and density) or fertilizers that have not been recognized for circulation in
Vietnam without obtaining the fertilizer import license or fertilizers without
obtaining the fertilizer import license with respect to those of which import
requires the import license. Enforced
destruction of fertilizers in case such fertilizers cannot be re-exported;
b)
Enforced recycling of fertilizers for any violation specified in Clause 2 of
this Article in case of import of fertilizers that have been recognized for
circulation in Vietnam but fail to meet standards of pHH2O, humidity and
density). Enforced re-export or
destruction of fertilizers in case such fertilizers cannot be recycled;
c)
Enforced re-export of fertilizers for violations specified in Clause 2 of this
Article in case of import of expired fertilizers; Enforced destruction of fertilizers in case such
fertilizers cannot be re-exported;
d) Enforced return of the
fertilizer import license for violations specified in Clause 1 of this Article
to the competent authority or person that has issued such license.
Article 24. Violations
against regulations on use of imported fertilizers for purposes other than
those specified in the fertilizer import license
1. A fine ranging from VND 10.000.000 to VND 20.000.000 shall
be imposed for using imported fertilizers for purposes other than those
specified in the fertilizer import license.
2. Additional penalty:
The fertilizer import
license shall be suspended for a fixed period of 06 - 12 months if one of the
violations prescribed in this Article is committed;
3. Remedial measures:
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b) Enforced repayment of
monetary amounts equivalent to the value of fertilizers in case where
exhibits and instrumentalities have already been used or cannot be seized for
violations prescribed in this Article.
Article 25. Violations
against regulations on fertilizer sampling; testing of quality of fertilizers
1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall
be imposed for one of the following violations against regulations on
fertilizer sampling for assessment and certification of conformity or for state
management:
a) Collecting fertilizer
samples without obtaining the certificate of fertilizer sampling, the
certificate of training in fertilizer sampling or the certificate of training
as a fertilizer sampling technician;
b) Failing to apply the
sampling method in conformity with national standards for fertilizer sampling,
or apply the sampling method approved by the competent authority with respect
to fertilizers for which the national fertilizer sampling standard is not
available.
2. A fine ranging from VND 10.000.000 to VND 15.000.000 shall
be imposed for failing to declare the sampling method and testing method in
conformity with the technical regulations, national standards or fundamental
standards for fertilizers for which the technical regulations and national
standards are not available.
3. A fine shall be imposed for any violation against
regulations on fertilizer testing. To be specific:
a) A fine ranging from
VND 30.000.000 to VND 40.000.000 shall be imposed for testing the quality of
fertilizers intended for state management in which the used test falls outside
of the stipulated scope;
b) A fine ranging from
VND 40.000.000 to VND 50.000.000 shall be imposed for testing the quality of
fertilizers intended for state management without obtaining recognition from
the competent authority or in case where the recognition decision has expired.
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The recognition decision
shall be suspended for a fixed period of 06 - 12 months if the violation
prescribed in Point a Clause 3 of this Article is committed;
5. Remedial measure:
Enforced cancellation of
results of fertilizer sampling and fertilizer quality testing for violations
specified in Clauses 1 and 3 of this Article.
Article 26. Violations
against regulations on fertilizer testing
1. A fine ranging from VND 5.000.000 to VND 10.000.000 shall
be imposed for one of the following violations:
a) Failing to keep
fertilizer testing dossiers as legally prescribed;
b) Failing to submit
annual review reports on performance of fertilizer testing organizations or
ad-hoc reports requested by relevant competent authorities.
2. A fine ranging from VND 15.000.000 to VND 20.000.000 shall
be imposed for one of the following violations:
a) Failing to maintain
fulfillment of eligibility conditions of fertilizer testing organizations
during the testing process;
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3. A fine ranging from VND 20.000.000 to VND 30.000.000 shall
be imposed for providing incorrect results of fertilizer testing.
4. A fine ranging from VND 30.000.000 to VND 40.000.000 shall
be imposed for providing testing results even though there is none of
fertilizer tests or fertilizer tests do not conform to applicable regulations.
5. A fine ranging from VND 40.000.000 to VND 50.000.000 shall
be imposed for erasing or intentionally correcting fertilizer testing
documents;
6. Additional penalties:
a) The decision on
recognition of fertilizer testing organizations or the decision on recognition
of fertilizer testing eligibility shall be suspended for a fixed period of 06 -
12 months if one of the violations prescribed in Clause 2 of this Article is
repeated or re-committed.
b) The decision on
recognition of fertilizer testing organizations or the decision on recognition
of fertilizer testing eligibility shall be suspended for a fixed period of 09 -
12 months if the violation prescribed in Clause 4 of this Article is committed.
c) The decision on
recognition of fertilizer testing organizations or the decision on recognition
of fertilizer testing eligibility shall be suspended for a fixed period of 12 -
18 months if the violation prescribed in Clause 5 of this Article is committed.
7. Remedial measures:
a) Enforced
cancellation of fertilizer testing results for violations specified in
Clauses 2, 3, 4 and 5 of this Article;
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Article 27. Violations
against regulations on use of fertilizers
1. A warning shall be issued for using fertilizers without
observing instructions for use printed on fertilizer product labels.
2. A fine ranging from VND 500.000 to VND 1.000.000 shall be
imposed for fertilizes of unknown origin.
Chapter IV
REMEDIAL MEASURES, AUTHORITY TO IMPOSE
ADMINISTRATIVE PENALTIES AND FINES, DELEGATION OF AUTHORITY TO IMPOSE
ADMINISTRATIVE PENALTIES AND FINES AND RECORD ADMINISTRATIVE VIOLATIONS AGAINST
REGULATIONS ON CROP PRODUCTION.
Article 28. Authority
to record administrative violations
1. Persons having
authority to record administrative violations against regulations on crop
production include:
a) Persons having
authority to impose administrative penalties for violations against regulations
on crop production specified in Article 29 through Article 35 of this Decree;
b) Public employees who
work in agencies specified in Articles 29, 30, 32 and 33 of this Decree and are
assigned to conduct inspection for detection of administrative violations
against regulations of crop production;
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2. The persons having
authority to record administrative violations specified in Clause 1 of this
Article shall be responsible for issuing penalty imposition decisions or
requesting the competent authorities in Article 29 through Article 35 hereof to
issue penalty imposition decisions.
Article 29. Authority
to impose administrative penalties of specialized inspectorate
1. The inspector and the person assigned to conduct
specialized inspection of the crop production sector shall have the authority
to:
a) Issue warning;
b) Impose a fine of up to
VND 500.000 for any violation against regulations on crop production;
c) Confiscate any exhibit
and instrumentality used for committing administrative violations which is
worth up to VND 1.000.000;
2. The chief inspector of the Department of Agriculture and
Rural Development, the Director of Plant Protection Subdepartment, the Director
of the Crop Production and Plant Protection Subdepartment, the Leader of the
inspectorate in the Department of Agriculture and Rural Development, the Leader
of the inspectorate in Crop Production Department, the Leader of the
inspectorate in Plant Protection Department, the Leader of the inspectorate in
Crop Production and Plant Protection Subdepartment, shall have authority to:
a) Issue warning;
b) Impose a fine of up to
VND 25.000.000 for any violation against regulations on crop production (except
for fertilizers); impose a fine of up to VND 50.000.000 for any violation
against regulations on fertilizers;
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d) Confiscate any exhibit
and instrumentality used for committing administrative violations against
regulations on crop production (except for fertilizers) which is worth up to
VND 50.000.000; any exhibit and instrumentality used for committing
administrative violations against regulations on fertilizers which is worth up
to VND 100.000.000;
dd) Adopt remedial
measures specified in Points b, c, d, dd, e, g, h, i, k, l, m, n, o and p
Clause 3 Article 4 of this Decree.
3. The Leader of the inspectorate who is issued with the
decision on inspection and inspectorate establishment by the Minister of
Agriculture and Rural Development, the chief inspector of the Ministry of
Agriculture and Rural Development shall have authority to:
a) Issue warning;
b) Impose a fine of up to
VND 35.000.000 for any violation against regulations on crop production (except
for fertilizers); impose a fine of up to VND 70.000.000 for any violation
against regulations on fertilizers;
c) Suspend the license or
practicing certificate or suspend the operation;
d) Confiscate any exhibit
and instrumentality used for committing administrative violations against
regulations on crop production (except for fertilizers) which is worth up to
VND 70.000.000; any exhibit and instrumentality used for committing
administrative violations against regulations on fertilizers which is worth up
to VND 140.000.000;
dd) Adopt remedial
measures specified in Points b, c, d, dd, e, g, h, i, k, l, m, n, o and p
Clause 3 Article 4 of this Decree.
4. The chief inspector of the Ministry of Agriculture and
Rural Development, the Director of Plant Protection Department, the Director of
the Crop Production shall have authority to:
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b) Impose a fine of up to
VND 50.000.000 for any violation against regulations on crop production (except
for fertilizers); impose a fine of up to VND 100.000.000 for any violation
against regulations on fertilizers;
c) Suspend the license or
practicing certificate or suspend the operation;
d) Confiscate exhibits
and instrumentalities used for committing administrative violations;
dd) Adopt remedial
measures specified in Clause 3 Article 4 of this Decree.
5. The Chief inspector of Department, the Leader of the land
inspectorate who is issued with the decision on inspection and inspectorate
establishment by the Director of Department, the Chief inspector of Department
of Natural Resources and Environment; the Leader of the inspectorate in the
Ministry of Natural Resources and Environment; the Chief inspector of the
Ministry of Natural Resources and Environment shall have authority to:
a) Impose a fine of up to
VND 50.000.000 for any violation specified in Article 20 of this Decree;
b) Suspend operation;
c) Adopt remedial
measures specified in points h and i Clause 3 Article 4 of this Decree.
Article 30. Authority
to impose administrative penalties of Presidents of all-level People’s
Committees
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a) Issue warning;
b) Impose a fine of up to
VND 5.000.000 for any violation against regulations on crop production;
c) Confiscate any exhibit
and instrumentality used for committing administrative violations which is
worth up to VND 10.000.000;
d) Adopt remedial
measures specified in point dd Clause 3 Article 4 of this Decree.
2. The President of the district-level People’s
Committee shall have authority to:
a) Issue warning;
b) Impose a fine of up to
VND 25.000.000 for any violation against regulations on crop production (except
for fertilizers); impose a fine of up to VND 50.000.000 for any violation
against regulations on fertilizers;
c) Suspend the license or
practicing certificate or suspend the operation;
d) Confiscate exhibits
and instrumentalities used for committing administrative violations;
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3. The President of the provincial-level People’s
Committee shall have authority to:
a) Issue warning;
b) Impose a fine of up to
VND 50.000.000 for any violation against regulations on crop production (except
for fertilizers); impose a fine of up to VND 100.000.000 for any violation
against regulations on fertilizers;
c) Suspend the license or
practicing certificate or suspend the operation;
d) Confiscate exhibits
and instrumentalities used for committing administrative violations;
dd) Adopt remedial
measures specified in Clause 3 Article 4 of this Decree.
Article 31. Authority
to impose administrative penalties of the People’s Public Security force
1. The on-duty officer of
the People’s Public Security force shall have authority to:
a) Issue warning;
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2. The head who supervises the persons specified in Clause 1
of this Article shall have authority to:
a) Issue warning;
b) Impose a fine of up to
VND 1.500.000 for any violation against regulations on crop production;
3. The head of commune-level police department, the Commander
of the police station and the Head of the police station at border checkpoint
or export processing zone shall have authority to:
a) Issue warning;
b) Impose a fine of up to
VND 2.500.000 for any violation against regulations on crop production.
c) Confiscate any exhibit
and instrumentality used for committing administrative violations which is
worth up to VND 5.000.000;
4. The head of district-level police department; the head of
the specialized unit of the Traffic Police Department; heads of units of the
province-level police department, including the head of environmental crime
prevention and control police unit, the head of the investigation police
division for corruption, economic and smuggling crimes, the head of the
economic security unit, the head of the social order administrative management
unit shall have authority to:
a) Issue warning;
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c) Suspend the license or
practicing certificate or suspend the operation;
d) Confiscate any exhibit
and instrumentality used for committing administrative violations against
regulations on crop production (except for fertilizers) which is worth up to
VND 20.000.000; any exhibit and instrumentality used for committing
administrative violations against regulations on fertilizers which is worth up
to VND 40.000.000;
dd) Adopt remedial measures
specified in points c, dd, e, g, h, i, k, l, n and p Clause 3 Article 4 of this
Decree.
5. The Director of province-level police department shall have
authority to:
a) Issue warning;
b) Impose a fine of up to
VND 25.000.000 for any violation against regulations on crop production (except
for fertilizers); impose a fine of up to VND 50.000.000 for any violation
against regulations on fertilizers;
c) Suspend the license or
practicing certificate or suspend the operation;
d) Confiscate exhibits
and instrumentalities used for committing administrative violations;
dd) Adopt remedial
measures specified in points b, c, d, dd, e, g, h, i, k, l, n, o and p Clause 3
Article 4 of this Decree.
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a) Issue warning;
b) Impose a fine of up to
VND 50.000.000 for any violation against regulations on crop production (except
for fertilizers); impose a fine of up to VND 100.000.000 for any violation
against regulations on fertilizers;
c) Suspend the license or
practicing certificate or suspend the operation;
d) Confiscate exhibits
and instrumentalities used for committing administrative violations;
dd) Adopt remedial measures
specified in points a, b, c, d, dd, e, g, h, i, k, l, n, o and p Clause 3
Article 4 of this Decree.
Article 32. Authority
to impose administrative penalties of Market Surveillance Authority
1. The on-duty market
control officer shall have authority to:
a) Issue warning;
b) Impose a fine of up to
VND 500.000.
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a) Issue warning;
b) Impose a fine of up to
VND 25.000.000 for any violation against regulations on crop production;
c) Adopt remedial
measures specified in Points b, dd, k, l and p Clause 3 Article 4 of this
Decree.
3. The Director of provincial-level Market Surveillance
Department and Director of Market Surveillance Operations Department affiliated
to the Vietnam Directorate of Market Surveillance shall have authority to:
a) Issue warning;
b) Impose a fine of up to
VND 50.000.000 for any violation against regulations on crop production;
c) Suspend the license or
practicing certificate or suspend the operation;
d) Adopt remedial
measures specified in Points a, b, dd, k, l, m and p Clause 3 Article 4 of this
Decree.
4. General Director of Vietnam Directorate of Market
Surveillance shall have authority to:
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b) Impose a fine of up to
VND 50.000.000 for any violation against regulations on crop production (except
for fertilizers); impose a fine of up to VND 100.000.000 for any violation
against regulations on fertilizers;
c) Suspend the license or
practicing certificate or suspend the operation;
d) Adopt remedial
measures specified in Points a, b, dd, k, l, m and p Clause 3 Article 4 of this
Decree.
Article 33. Authority
to impose administrative penalties of Customs Authority
1. The customs officer on
duty shall have authority to:
a) Issue warning;
b) Impose a fine of up to
VND 500.000.
2. The team leader and the group leader of Customs
Subdepartment; the team leader of the control team affiliated to provincial,
inter-provincial or central-affiliated city Customs Department; the team leader
of Subdepartment of Post-Clearance Inspection shall have authority to:
a) Issue warning;
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3. The Director of Customs Subdepartment; the Director of
Subdepartment of Post-Clearance Inspection, the leader of control team
affiliated to provincial, inter-provincial or central-affiliated city Customs
Department; the leader of criminal investigation team, the leader of smuggling
prevention team, the captain of maritime control flotilla; the leader of
anti-smuggling, counterfeit product control and intellectual property team
affiliated to the Smuggling Investigation and Prevention Department; the
Director of Post-Clearance Inspection Sub-department as an affiliate of the
Post-clearance Inspection Department shall have authority to:
a) Issue warning;
b) Impose a fine of up to
VND 25.000.000 for any violation against regulations on crop production;
c) Confiscate any exhibit
and instrumentality used for committing administrative violations which is
worth up to VND 50.000.000;
d) Adopt remedial
measures specified in Points b, dd, m and p Clause 3 Article 4 of this Decree.
4. The Director of the Smuggling Investigation and Prevention
Department, the Director of the Post-clearance Inspection Department affiliated
to the General Department of Vietnam Customs, and the Director of the
provincial, inter-provincial or central-affiliated city Customs Department
shall have authority to:
a) Issue warning;
b) Impose a fine of up to
VND 50.000.000 for any violation against regulations on crop production;
c) Suspend the license or
practicing certificate or suspend the operation;
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dd) Adopt remedial
measures specified in Points b, dd, m and p Clause 3 Article 4 of this Decree.
5. The Director of the General Department of Vietnam Customs
shall have authority to:
a) Issue warning;
b) Impose a fine of up to
VND 50.000.000 for any violation against regulations on plant varieties; impose
a fine of up to VND 100.000.000 for any violation against regulations on
fertilizers;
c) Confiscate exhibits
and instrumentalities used for committing administrative violations;
d) Adopt remedial
measures specified in Points b, dd, m and p Clause 3 Article 4 of this Decree.
Article 34. Authority
to impose administrative penalties of the Border Guard force
1. The on-duty officer of
the Border Guard force shall have authority to:
a) Issue warning;
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2. The head who supervises the persons specified in Clause 1
of this Article shall have authority to:
a) Issue warning;
b) Impose a fine of up to
VND 2.500.000 for any violation against regulations on crop production;
3. The head of the border guard station, the Captain of Naval
Border Guard Flotilla, and the Commander of the Border Guard Command at the
port border gate shall have authority to:
a) Issue warning;
b) Impose a fine of up to
VND 10.000.000 for any violation against regulations on crop production (except
for fertilizers); impose a fine of up to VND 20.000.000 for any violation
against regulations on fertilizers;
c) Confiscate any exhibit
and instrumentality used for committing administrative violations which is
worth up to VND 20.000.000;
d) Adopt remedial
measures specified in Points dd, l, m and p Clause 3 Article 4 of this Decree.
4. The Chief Commander of the provincial-level Border Guard;
the Captain of Naval Border Guard Squadron, and the Director of the Department
of Drug and Crime Prevention and Control affiliated to the Command of Border
Guard shall have authority to:
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b) Impose a fine of up to
VND 50.000.000 for any violation against regulations on crop production (except
for fertilizers); impose a fine of up to VND 100.000.000 for any violation
against regulations on fertilizers;
c) Suspend the license or
practicing certificate or suspend the operation;
d) Confiscate exhibits
and instrumentalities used for committing administrative violations;
dd) Adopt remedial
measures specified in Points a, b, dd, l, m and p Clause 3 Article 4 of this
Decree.
Article 35. Authority
to impose administrative penalties of Coast Guard Police
1. The on-duty coastguard
policemen shall have authority to:
a) Issue warning;
b) Impose a fine of up to
VND 1.500.000 for any violation against regulations on crop production;
2. The Head of specialized unit of the Coast Guard Police
shall have authority to:
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b) Impose a fine of up to
VND 5.000.000 for any violation against regulations on crop production;
3. The head of specialized unit of the Coast Guard Police and
the head of the station of the Coast Guard Police shall have authority to:
a) Issue warning;
b) Impose a fine of up to
VND 10.000.000 for any violation against regulations on crop production;
c) Adopt remedial
measures specified in point dd Clause 3 Article 4 of this Decree.
4. The head of the marine group of the Coast Guard Police
shall have authority to:
a) Issue warning;
b) Impose a fine of up to
VND 10.000.000 for any violation against regulations on crop production (except
for fertilizers); impose a fine of up to VND 20.000.000 for any violation
against regulations on fertilizers;
c) Confiscate any exhibit
and instrumentality used for committing administrative violations which is
worth up to VND 20.000.000;
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5. The head of the naval squadron of the Coast Guard Police
shall have authority to:
a) Issue warning;
b) Impose a fine of up to
VND 15.000.000 for any violation against regulations on crop production (except
for fertilizers); impose a fine of up to VND 30.000.000 for any violation
against regulations on fertilizers;
c) Confiscate any exhibit
and instrumentality used for committing administrative violations which is
worth up to VND 30.000.000;
d) Adopt remedial
measures specified in Points dd, l, m and p Clause 3 Article 4 of this Decree.
6. The regional commander of the Coast Guard Police, the
Director of the Department of Operations and Legislation under the control by
the Command of Coast Guard of Vietnam shall have authority to:
a) Issue warning;
b) Impose a fine of up to
VND 25.000.000 for any violation against regulations on crop production (except
for fertilizers); impose a fine of up to VND 50.000.000 for any violation
against regulations on fertilizers;
c) Suspend the license or
practicing certificate or suspend the operation;
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dd) Adopt remedial
measures specified in Points dd, l, m and p Clause 3 Article 4 of this Decree.
7. The Commander of the Coast Guard Police shall have
authority to:
a) Issue warning;
b) Impose a fine of up to
VND 50.000.000 for any violation against regulations on crop production (except
for fertilizers); impose a fine of up to VND 100.000.000 for any violation
against regulations on fertilizers;
c) Suspend the license or
practicing certificate or suspend the operation;
d) Confiscate exhibits
and instrumentalities used for committing administrative violations;
dd) Adopt remedial
measures specified in Points a, dd, l, m and p Clause 3 Article 4 of this
Decree.
Article 36. Delegation
of authority to impose penalties for administrative violations of specialized
inspectorate, Presidents of all-level People’s Committees, the People’s Public
Security force, Market Surveillance Authority, Customs Authority, the Border
Guard force and Coast Guard Police
1. Specialized
inspectorate
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b) The Chief inspector of
Department, the Leader of the land inspectorate who is issued with the decision
on inspection and inspectorate establishment by the Director of Department, the
Chief inspector of Department of Natural Resources and Environment; the Leader
of the inspectorate in the Ministry of Natural Resources and Environment; the
Chief inspector of the Ministry of Natural Resources and Environment shall have
authority to impose penalties for administrative violations specified in
Article 20 of this Decree.
2. The Presidents of
all-level People’s Committees, under their authority, and within the sectors
under their management and scope of duties, shall have authority to impose
penalties for administrative violations against regulations on crop production
specified in Chapter II and Chapter III of this Decree;
3. The People’s
Public Security force, under its authority, and within the sectors under its
management and scope of duties, shall have authority to impose penalties for
administrative violations against regulations on crop production specified in
Chapter II and Chapter III of this Decree;
4. The Market
Surveillance Authority, under its authority, and within the sectors under its
management and scope of duties, shall have authority to impose penalties for
administrative violations against regulations on crop production related to
production, trade and import of plant varieties, production, trade and import
of fertilizers specified in Articles 10, 11, 15, 21, 22 and 23 of this Decree;
5. The Customs
Authority, under its authority, and within the sectors under its management and
scope of duties, shall have authority to impose penalties for administrative
violations against regulations on crop production related to export, import,
plant variety import and export licenses, fertilizer import and export licenses
and use of rights of a plant variety patent holder on propagating materials of
a registered plant variety for import and export specified in Articles 14 and
15, point e Clause 1 of Article 16, Point dd and e Clause 2 Article 17 and
Article 23 of this Decree;
6. The Border
Guard force, under its authority, and within the sectors under its management
and scope of duties, shall have authority to impose penalties for
administrative violations against regulations on crop production specified in
Articles 11, 14, 15, point e Clause 1 Article 16, Articles 22 and 23 of this
Decree.
7. The Coast Guard
Police, under its authority, and within the sectors under its management and
scope of duties, shall have authority to impose penalties for administrative
violations against regulations on crop production that occur in the water, the
exclusive economic zone or zone under the sovereignty of the Socialist Republic
of Vietnam specified in Articles 11, 14, 15, 22 and 23 of this Decree.
Article 37. Suspension
of licenses or practicing certificates or operation;
1. Suspension of the
license or practicing certificate or operation shall comply with regulations in
Chapter II and Chapter III of this Decree.
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a) The suspension period shall
begin on the effective date of the decision on penalty imposition if the person
imposing the penalty is able to confiscate the violator’s license or practicing
certificate on such day;
b) If the person imposing
the penalty is not able to confiscate the violator’s license or practicing
certificate when the decision on penalty imposition is issued, the decision
must specify that the beginning date of the suspension period is the date on
which the violator submits the license or practicing certificate to the person
imposing the penalty;
c) When confiscating and
returning the license or practicing certificate as prescribed in Point b of
this Clause, the person imposing the penalty shall make records and retain
documents about the penalty.
3. During the suspension
period, if the violator still keeps doing the activities in the license or
practicing certificate, such violator shall incur a penalty for operating
without a license or practicing certificate.
Article 38. Execution
of penalties and remedial measures
1. Execution of decisions
on imposition of penalties for administrative violations shall comply with
regulations in Section 2 of Chapter III of the Second Part of the Law on
Handling Administrative Violations and Decree No. 118/2021/ND-CP dated December
23, 2021 of the Government on elaboration of the Law on Handling Administrative
Violations.
2. Other notices,
documents, records, or instruments recording execution of penalties and/or remedial
measures shall be included in the dossiers on imposing penalties for
administrative violations in accordance with Article 57 of the Law on Handling
Administrative Violations.
Chapter V
IMPLEMENTATION PROVISIONS
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1. This Decree comes into
force from July 28, 2023.
2. Regulations in this Decree replace regulations in the
following documents:
a) Regulations on scope,
regulated entities, prescriptive period, violations, penalties, fines, and
remedial measures in the field of plant varieties specified in Articles 1
through Article 18 of Decree No. 31/2016/ND-CP dated May 06, 2016 of the
Government on imposition of penalties for administrative violations against
regulations on plant varieties, plant protection and quarantine;
b) Regulations on
authority to impose penalties and record administrative violations against
regulations on plant varieties specified in Articles 32, 39 and 40 of the
Decree No. 31/2016/ND-CP dated May 06, 2016 of the Government on imposition of
penalties for administrative violations against regulations on plant varieties,
plant protection and quarantine;
c) Decree No.
55/2018/ND-CP dated April 16, 2018 of the Government on imposition of penalties
for administrative violations against regulations on fertilizers;
d) Regulations on
authority to impose administrative penalties for violations against regulations
on plant varieties specified in Clause 7 Article 1 the Government’s Decree No.
04/2020/ND-CP dated January 03, 2020 on amendments to some Articles of Decree
No. 31/2016/ND-CP dated May 06, 2016 of the Government on imposition of
penalties for administrative violations against regulations on plant varieties,
plant protection and quarantine; Government’s Decree No. 90/2017/ND-CP dated
July 31, 2017 on imposition of penalties for administrative violations against
regulations on veterinary medicine.
Article 40. Transition
clauses
1. In case of violations
against regulations on crop production occurring before the effective date of
this Decree but then detected or being considered and settled, the Government's
Decree on penalties for administrative violations that takes effect at the time
of committing violations shall be applied. In case, this Decree does not
provide for legal liability or impose less serious legal liability for
violations that have occurred, the regulations of this Decree shall be applied.
2. If entities or persons
subject to administrative penalties continue to appeal against decisions on
imposition of penalties for administrative violations already issued before the
effective date of this Decree, regulations of the Law on Handling
Administrative Violations, Decree No. 31/2016/ND-CP dated May 06, 2016 of the
Government on penalties for administrative violations against regulations on
plant varieties, plant protection and quarantine; Decree No. 55/2018/ND-CP
dated April 16, 2018 of the Government on penalties for administrative
violations against regulations on fertilizers; Decree No. 04/2020/ND-CP dated
January 03, 2020 of the Government on amendments to some Articles of the
Government's Decree No. 31/2016/ND-CP dated May 06, 2016 on penalties for
administrative violations against regulations on plant varieties, plant
protection and quarantine; Decree No. 90/2017/ND-CP dated July 31, 2017 of the
Government on penalties for administrative violations against regulations on
veterinary medicine shall be applied.
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Ministers, Heads of
ministerial agencies, Heads of Governmental agencies, Presidents of People’s
Committees of central-affiliated cities and provinces shall be responsible for
implementation of this Decree.
ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Tran Luu Quang