THE GOVERNMENT
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No.: 90/2017/ND-CP
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Hanoi, July 31,
2017
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DECREE
PENALTIES
FOR ADMINISTRATIVE VIOLATIONS AGAISNT REGULATIONS ON VETERINARY MEDICINE
Pursuant to the Law on Government Organization
dated June 19, 2015;
Pursuant to the Law on Actions against
Administrative Violations dated June 20, 2012;
Pursuant to the Law on Veterinary Medicine dated
June 19, 2015;
At the request of Minister of Agriculture and
Rural Development;
The Government promulgates a Decree providing
for penalties for administrative violations against regulations on veterinary
medicine.
Chapter I
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Article 1. Scope
1. This Decree deals with violations, penalties,
fines, remedial measures against administrative violations, the power to impose
penalties against administrative violations and the power to make records of
administrative violations against regulations on veterinary medicine.
2. The administrative violations against
regulations on veterinary medicine prescribed in this Decree consist of:
a) Violations against regulations on prevention and
control of animal epidemics;
b) Violations against regulations on quarantine of
animals and animal products;
c) Violation against regulations on control of the
slaughter of terrestrial animals; preparation and processing of animals and
animal products; inspection of veterinary hygiene;
d) Violations against regulations on management of
veterinary drugs;
dd) Violations against regulations on veterinary
practice.
3. Other administrative violations against
regulations on veterinary medicine 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.
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1. This Decree applies to organizations and
individuals that commit administrative violations against regulations on
veterinary medicine in the territory of Vietnam.
2. The persons entitled to make records of and
impose penalties for administrative violations and relevant entities.
Article 3. Penalties and
remedial measures
1. The entity that commits an administrative
violation against regulations on veterinary medicine must incur a warning or a
fine.
2. The entity that commits administrative violation
may, subject to the nature and severity of the violation, face one or several
additional penalties mentioned below:
a) Suspension of the license or the practicing
certificate for a fixed period, consisting of: Veterinary practicing
certificate; Certificate of veterinary hygiene or Certificate of food safety
(hereinafter referred to as Certificate of veterinary hygiene); License to
import veterinary drugs; Certificate of eligibility to manufacture veterinary
drugs or Certificate of good manufacturing practice for veterinary drugs
(hereinafter referred to as GMP Certificate); Certificate of eligibility to
import veterinary drugs; Certificate of eligibility to trade in veterinary
drugs;
b) Suspension of operations for a fixed period;
c) Confiscation of the exhibits and
instrumentalities for committing administrative violation against regulations
on veterinary medicine.
3. In addition to the remedial measures stated in
Points a, b, c, d, D, e, g, h and I Clause 1 Article 28 of the Law on penalties
for administrative violations, this Decree provides for the following remedial
measures:
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b) Enforced quarantine of animals and animal
products;
c) Enforced importation of animals and animal
products through the prescribed border gates;
d) Enforced suspension of animal slaughter
activities;
dd) Enforced killing of animals; enforced heat
treatment of animal products; enforced veterinary hygiene inspection of animal
products;
e) Enforced preparation and processing of animals
and animal products;
g) Enforced re-export of animals and animal products;
h) Enforced treatment of animal products according
to regulations on veterinary hygiene;
i) Enforced recall or recycling of veterinary drugs
which fail to meet announced quality standards or equivalent technical
regulations;
k) Enforced recall and destruction of veterinary
drugs, veterinary drug ingredients, drugs for human and ingredients thereof;
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Article 4. Fines and power to
impose fines for administrative violations
1. The maximum fine for a violation against
regulations on veterinary medicine incurred by an individual is VND 50,000,000;
that incurred by an organization is VND 100,000,000.
2. Each fine prescribed in Chapter II herein is
imposed for an administrative violation committed by an individual, except for
cases prescribed in Article 22, Clause 2 and Clause 3 Article 24, Clause 1
Article 28, Article 29, Article 30, Article 31, Article 32 and Article 33
herein. The fine incurred by an organization is twice as much as that incurred
by an individual for the same administrative violation.
3. Fines imposed by the persons prescribed in
Chapter III herein are incurred by individuals for their administrative
violations. An authorized person may impose a fine which is twice as much as
that is imposed on an individual.
Chapter II
ADMINISTRATIVE
VIOLATIONS, PENALTIES, FINES AND REMEDIAL MEASURES
Section 1. VIOLATIONS AGAINST
REGULATIONS ON PREVENTION AND CONTROL OF ANIMAL EPIDEMICS
Sub-section 1. VIOLATIONS
AGAINST GENERAL REGULATIONS ON PREVENTION AND CONTROL OF ANIMAL EPIDEMICS
Article 5. Violations against
general regulations on prevention of animal diseases
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2. A fine ranging from VND 500,000 to VND 1,000,000
shall be imposed for any of the following violations:
a) Failure to comply with instructions by
manufacturers or by veterinary authorities for use of veterinary drugs;
b) Failure to notify the Commune-level People’s
Committee or the veterinary authorities or Commune-level veterinary staff of
veterinary drugs which are discovered to cause harms to animals, environment
and humans.
3. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for concealing, failing to report or delaying
reporting the infected animals, animals suspected of being infected, or animals
dying of infectious diseases to the commune-level People’s Committee or the
nearest veterinary authority or the commune-level veterinary staff.
4. A fine ranging from VND 3,000,000 to VND
4,000,000 shall be imposed for failure to report to the veterinary authorities
of testing results indicating that an animal carries pathogens on the List of
animal diseases subject to outbreak declaration and the List of diseases
capable of transmitting between animals and humans.
5. A fine ranging from VND 4,000,000 to VND
5,000,000 shall be imposed for trading, erasing or altering contents of the
Certificate of animal epidemic-free establishment.
6. A fine ranging from VND 5,000,000 to VND
6,000,000 shall be imposed for any of the following violations:
a) Transport or discharge infected or dead animals
and/or poultry and the derivatives thereof to the environment;
b) Trade breeding animals infected with infectious
diseases.
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a) Use veterinary drugs which are not on the List
of veterinary drugs permissible for sales in Vietnam or which are not yet
approved by competent authorities;
b) Use veterinary drugs with unidentified origin or
using expired veterinary drugs;
c) Use veterinary drug ingredients;
d) Use drug ingredients for human or drugs for
human.
8. A fine ranging from VND 8,000,000 to VND
10,000,000 shall be imposed for using veterinary drugs on the List of
veterinary drugs that are banned in Vietnam to prevent animal diseases.
9. Additional penalties:
Confiscate Certificate of animal epidemic-free
establishment if the violation prescribed in Clause 5 of this Article is
committed.
10. Remedial measures:
a) Enforced destruction of animals, animal
products, bodies of dead animals and the derivatives thereof if any of the
violations prescribed in Clause 6 of this Article is committed;
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Article 6. Violations against
general regulations on control of animal diseases
1. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for failure to comply with veterinary authorities’
guidance on cleaning, decontamination and disinfection.
2. A fine ranging from VND 3,000,000 to VND
4,000,000 shall be imposed for any of the following violations:
a) Declare the inaccurate number and/or amount of
animals that are infected, dead, infected animal products subject to
destruction with the aim of profiteering;
b) Declare the inaccurate number and/or amount of
materials/chemicals used for prevention and fighting against animal diseases
with the aim of profiteering;
c) Provide inaccurate information about the
situation of animal diseases to the commune-level People’s Committee or the
veterinary authority or the commune-level veterinary staff.
3. A fine ranging from VND 5,000,000 to VND
6,000,000 shall be imposed for transporting animals susceptible to the declared
animal disease and the derivatives thereof across the epidemic zones without
permission of veterinary authority there.
4. A fine ranging from VND 6,000,000 to VND
8,000,000 shall be imposed for any of the following violations:
a) Carry out destruction inconsistently with the
regulations or fail to destroy the infected/dead animals, animal products
carrying pathogens that are subject to destruction according to the law
provisions;
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5. A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for transporting infected animals, derivatives or
waste from animals that carry declared dangerous infectious pathogens out of
the epidemic zones without permission of a veterinary authority.
6. Remedial measures:
a) Enforced slaughtering of animals and heat
treatment of products thereof if the violation prescribed in Clause 3 of this
Article is committed;
b) Enforced destruction of animals, animal products
and the waste from animals if any of the violations prescribed in Clause 4 and
Clause 5 of this Article is committed.
Sub-section 2. VIOLATIONS
AGAINST REGULATIONS ON PREVENTION AND CONTROL OF DISEASES OF TERRESTRIAL
ANIMALS
Article 7. Violations against
regulations on prevention of diseases of terrestrial animals
1. A warning or a fine ranging from VND 200,000 to
VND 300,000 shall be imposed for failure to carry out the prevention of
diseases using vaccine or apply the compulsory prophylactic measures on
animals.
2. A fine ranging from VND 600,000 to VND 800,000
shall be imposed for any of the following violations:
a) Failure to vaccinate against rabies for animals
subject to compulsory vaccination;
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3. A fine ranging from VND 1,000,000 to VND
1,500,000 shall be imposed for failure to isolate, care for and treat the
infected animals, animals suspected of infection, except for cases banned from
treatment or cases subject to compulsory slaughter or destruction.
4. A fine ranging from VND 2,000,000 to VND
3,000,000 shall be imposed for any of the following violations:
a) Failure to carry out the supervision of animal
diseases in the establishment according to the guidance of veterinary
authorities;
b) Failure to supervise and record the prevention,
treatment and fighting against animal diseases.
5. A fine ranging from VND 4,000,000 to VND
5,000,000 shall be imposed for trading, erasing or altering contents of the
Vaccination Certificate for animals.
6. A fine ranging from VND 5,000,000 to VND
6,000,000 shall be imposed for failure to collect specimens for regular
monitoring of certain animal diseases capable of transmitting between animals
and humans; breeding animals, breeding poultry and dairy cattle as regulated.
7. A fine ranging from VND 6,000,000 to VND
8,000,000 shall be imposed for any of the following violations:
a) Slaughter or trade the infected animals, animals
suspected of infection, dead animals or products of animals that carry
pathogens on the List of animal diseases subject to outbreak declaration;
b) Conduct the concentrated husbandry of cattle and
poultry, the incubation and hatch of poultry eggs or trade cattle and poultry
at places inconsistently with the planning or without permission of competent
authorities.
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Confiscate Vaccination Certificate for animals if
the violation prescribed in Clause 5 of this Article is committed.
9. Remedial measures:
a) Enforced collection of specimens for testing for
animal diseases if the violation prescribed in Clause 6 of this Article is
committed;
b) Enforced destruction of animals and animal
products if the violation prescribed in Point a Clause 7 of this Article is
committed.
Article 8. Violations against
regulations on control of diseases of terrestrial animals
1. A fine ranging from VND 500,000 to VND 1,000,000
shall be imposed for failure to comply with guidance of veterinary authorities
when conducting treatment of animals in epidemic hotspots or epidemic zones.
2. A fine ranging from VND 2,000,000 to VND
3,000,000 shall be imposed for any of the following violations:
a) Pasture infected animals at common grazing
areas;
b) Fail to use vaccine or apply the compulsory
prophylactic measures on animals at epidemic zones.
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4. A fine ranging from VND 4,000,000 to VND
5,000,000 shall be imposed for any of the following violations:
a) Fail to comply with guidance of veterinary
authority when slaughtering, transporting or trading animals or products from
animals susceptible to the declared animal diseases in the epidemic zones;
b) Intentionally stop transport vehicles of animals
or release animals in the epidemic zones while they are only permitted to go
through such epidemic zones;
c) Fail to treat, clean, decontaminate or disinfect
slaughtering places, slaughtering tools or wastes of animals subject to
compulsory slaughter after slaughter;
d) Use transport vehicles that fail to meet
veterinary hygiene standards to transport animals subject to compulsory
slaughter;
dd) Fail to comply with guidance of veterinary
authority when slaughtering or trading animals, carcasses of infected animals
or animals suspected of infection or products of animals that carry pathogens
on the List of animal diseases subject to outbreak declaration.
5. A fine ranging from VND 5,000,000 to VND
6,000,000 shall be imposed for any of the following violations:
a) Transport or trade the infected animals or
products of animals infected with the declared animal diseases in the high-risk
zones or buffer zones;
b) Sell meat of animals, sub-products and other
products of animals subject to compulsory slaughter, which are not yet treated
to meet veterinary hygiene standards;
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d) Fail to destroy or slaughter the infected
animals, animals suspected of infection and dead animals according to guidance
of veterinary authority.
6. A fine ranging from VND 8,000,000 to VND
10,000,000 shall be imposed for transporting animals susceptible to the animal
disease which is occurring in the country sharing a common border with Vietnam
and their products into the high-risk zones or buffer zones in the territory of
Vietnam.
7. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for transporting animals infected with the animal
disease which is occurring in the country sharing a common border with Vietnam
and their products into the high-risk zones or buffer zones in the territory of
Vietnam.
8. Remedial measures:
a) Enforced destruction of the infected animals if
the violation prescribed in Point a Clause 2 of this Article is committed;
b) Enforced destruction of animals and animal
products if any of the violations prescribed in Points a and dd Clause 4,
Clause 5, Clause 6 and Clause 7 of this Article is committed.
Sub-section 3. VIOLATIONS
AGAINST REGULATIONS ON PREVENTION AND CONTROL OF DISEASES OF AQUATIC ANIMALS
Article 9. Violations against
regulations on prevention and control of diseases of aquatic animals
1. A fine ranging from VND 700,000 to VND 1,500,000
shall be imposed for any of the following violations:
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b) Fail to collect or treat the infected aquatic
animals or fail to disinfect after collection of aquatic animals or fail to
handle epidemic hotspots according to guidance of veterinary authorities;
c) Stock or add aquatic animals susceptible to the
declared animal disease during the outbreak declaration.
2. A fine ranging from VND 1,500,000 to VND
2,000,000 shall be imposed for using aquatic animals that carry pathogens or
infected with any disease on the List of animal diseases subject to outbreak
declaration for breeding purpose.
3. A fine ranging from VND 4,000,000 to VND
6,000,000 shall be imposed for failure to treat the environment when an
epidemic occurs.
4. Remedial measures:
Enforced destruction of aquatic animals if the
violation prescribed in Clause 2 of this Article is committed.
Section 2. VIOLATIONS AGAINST
REGULATIONS ON QUARANTINE OF ANIMALS AND ANIMAL PRODUCTS
Sub-section 1. VIOLATIONS
AGAINST REGULATIONS ON QUARANTINE OF ANIMALS AND ANIMAL PRODUCTS THAT ARE
TRANSPORTED OUT OF A PROVINCE
Article 10. Violations against
general regulations on procedures for quarantine of animals and animal products
that are transported out of a province
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a) Species of animals or categories of animal
products;
b) Origin of animals or animal products, purposes
of use;
c) Prevention of animal diseases by vaccine or
supervising results of animal diseases or assessing results of animal
epidemic-free establishment;
d) Testing results for animals or animal products.
2. A fine ranging from VND 1,000,000 to VND
1,500,000 shall be imposed for failure to submit an application for quarantine
when transporting animals subject to compulsory quarantine and products thereof
out of a province.
Article 11. Violations against
regulations on quarantine of terrestrial animals and products thereof that are
transported out of a province
1. A fine ranging from VND 2,000,000 to VND
3,000,000 shall be imposed for any of the following violations:
a) Fail to clean, decontaminate or disinfect the
places where animals/ animal products are collected, transport vehicles before
and after quarantine;
b) Evade the quarantine of animals/ animal products
at animal quarantine stations at main road.
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a) Swap or make change in quantity of
animals/animal products that have undergone quarantine with Certificate of
quarantine granted;
b) Transport or trade animals/animal products with
species or quantity other than those specified in the Certificate of
quarantine;
c) Deliberately break the seals of the transport
vehicles of animals/animal products or adjust the number marked on animals
during the transportation;
d) Use Certificate of quarantine for shipments of
animals/animal products other than those specified in the Certificate of quarantine.
3. A fine ranging from VND 4,000,000 to VND
5,000,000 shall be imposed for trading animals/animal products for the purpose
other than that specified in the Certificate of quarantine.
4. A fine ranging from VND 5,000,000 to VND
6,000,000 shall be imposed for transporting animals/ animal products with
unidentified origin.
5. Additional penalties:
Confiscate Certificate of quarantine of
animals/animal products if the violation prescribed in Point d Clause 2 of this
Article is committed.
6. Remedial measures:
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b) Enforced destruction of animals/ animal products
which are undergone the quarantine process and discovered to be infected with
animal diseases or to carry infectious disease pathogens on the List of animal
diseases subject to outbreak declaration if any of the violations prescribed in
Clause 2 and Clause 4 of this Article is committed.
Article 12. Violations against
regulations on quarantine of aquatic animals and products thereof that are
transported out of a province
1. A fine ranging from VND 2,000,000 to VND
3,000,000 shall be imposed for transporting breeding aquatic animals in exceed
of 10% in quantity or of the species or sizes other than those specified in the
Certificate of quarantine.
2. A fine ranging from VND 4,000,000 to VND
5,000,000 shall be imposed for any of the following violations:
a) Fail to conduct the quarantine of aquatic
animals subject to quarantine and products thereof;
b) Transport aquatic animals collected from the
aquaculture establishment that is facing the declared disease out of the
epidemic zone while such animals are not yet undergone preparation or
processing.
3. Remedial measures:
a) Enforced quarantine of aquatic animals/ products
thereof if any of the violations prescribed in Clause 1 and Point a Clause 2 of
this Article is committed;
b) Enforced preparation or processing of aquatic
animals/ products thereof if the violation prescribed in Point b Clause 2 of
this Article is committed.
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Article 13. Violations against
general regulations on procedures for quarantine of animals and animal products
1. A fine ranging from VND 3,000,000 to VND
5,000,000 shall be imposed for providing inaccurate information about any of
the following items in the application for quarantine:
a) Quantity, amount or species of animals/ animal
products;
b) Origin of animals/ animal products, purposes of
use, the transport vehicles and address of destination.
2. A fine ranging from VND 5,000,000 to VND
7,000,000 shall be imposed for any of the following violations:
a) Failure to apply for quarantine of animals
subject to compulsory quarantine and products thereof when they are imported,
temporarily imported, temporarily exported or transited through the territory
of Vietnam;
b) Failure to apply for quarantine of exported
animals and products thereof, except for cases where the goods owner and the
importing country do not request the quarantine.
Article 14. Violations against
general regulations on quarantine of exported animals and products thereof
1. A fine ranging from VND 5,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
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b) Change the transport vehicles without
permission;
2. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for trading, erasing or altering contents of the
Certificate of quarantine of animals/ animal products.
3. A fine ranging from 15,000,000 to VND 25,000,000
shall be imposed for swapping or making change in quantity of animals or amount
of animal products that have undergone the quarantine.
4. Additional penalties:
Confiscate Certificate of quarantine of
animals/animal products if the violation prescribed in Clause 2 of this Article
is committed.
5. Remedial measures:
Enforced quarantine of animals/animal products if
the violation prescribed in Clause 3 of this Article is committed.
Article 15. Violations against
general regulations on quarantine of imported animals and products thereof
1. A fine ranging from VND 5,000,000 to VND
6,000,000 shall be imposed for any of the following violations:
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b) Import fresh (or unprepared) handed terrestrial
animal products; or import fresh aquatic animal products.
2. A fine ranging from VND 6,000,000 to VND
7,000,000 shall be imposed for using imported animals/ animal products for
processing exports at the establishments other than the registered ones.
3. A fine ranging from VND 7,000,000 to VND
8,000,000 shall be imposed for any of the following violations:
a) Transport the imported animals and products
thereof across the checkpoint other than the prescribed one;
b) Import animals/ animal products whose origin is
different from that stated in the application for quarantine;
c) Transport imported animals and products thereof
to the quarantine area other than the prescribed one or with a quantity other
than the permitted one stated in the quarantine dossier;
d) Fail to comply with the prescribed period of
isolation for quarantine of imported animals.
4. A fine ranging from VND 8,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
a) Let imported animals in contact with the animals
that are raised in the territory of Vietnam within the prescribed isolation
period;
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c) Use the vehicles that fail to meet veterinary
hygiene standards to transport imported animals/ products thereof;
d) Receive or send pathology specimens which are
not properly packaged, preserved or transported.
5. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for any of the following violations:
a) Fail to collect or treat bodies of dead animals,
waste matters, bedding, left-over food and feeds during the transportation
according to regulations of the veterinary authority;
b) Break the seals/ lead seals of the vehicles
containing or transporting imported animals/ products thereof without
permission;
c) Change the transport vehicles without
permission;
d) Import animal products to use as foods, which
are slaughtered, prepared and/or processed at the establishments which are not
yet registered for exporting to Vietnam.
6. A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed for importing animal products to use as feed raw
materials which are infected with derivatives of other animals.
7. A fine ranging from 10% to 15% of the shipment’s
value of but not exceeding VND 50 million shall be imposed for any of the
following violations:
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b) Import animal products containing hair, hide or
skin, claws and other impurities that fail to meet veterinary hygiene standards
with respect of appearance.
8. A fine ranging from 20% to 25% of the shipment’s
value but not exceeding VND 50 million shall be imposed for any of the following
violations:
a) Import animals infected with dangerous
infectious diseases;
b) Import animals/ animal products originated from
the country or the territory that is facing with any of animal diseases on the
List of animal diseases subject to outbreak declaration.
9. A fine ranging from VND 25,000,000 to VND
30,000,000 shall be imposed for failure to enforce veterinary hygiene measure,
which is stated in the regulatory authority’s decision, against animals
infected with any disease on the List of animal diseases subject to outbreak
declaration and products thereof.
10. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for transporting animal specimens and pathogens
into the territory of Vietnam without permission of the competent veterinary
authority.
11. Remedial measures:
a) Enforced import of animals/ animal products
through the prescribed checkpoint or enforced re-export of imported animals/
animal products if the violation prescribed in Point a Clause 3 of this Article
is committed;
b) Enforced destruction of animal products and/or
pathology specimens if any of the violations prescribed in Point b Clause 1 and
Point d Clause 4 of this Article is committed;
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d) Enforced re-export or heat treatment or change
of use purpose as feed raw materials if the violation prescribed in Point a
Clause 7 of this Article is committed;
dd) Enforced re-export or implementation of
veterinary hygiene measures for animal products if the violation prescribed in
Point b Clause 7 of this Article is committed;
e) Enforced re-export or destruction of animals,
animal products or pathology specimens if any of the violations prescribed in Clause
8, Clause 9 and Clause 10 of this Article is committed.
Article 16. Violations against
general regulations on quarantine of animals and animal products that are
temporarily imported, temporarily exported or transited through the territory
of Vietnam
1. A fine ranging from VND 3,000,000 to VND
4,000,000 shall be imposed for failure to request the animal quarantine
authority at the checkpoint to supervise the re-export of animals/ animal
products out of the territory of Vietnam.
2. A fine ranging from VND 4,000,000 to VND
5,000,000 shall be imposed for temporarily importing, temporarily exporting or
transiting animals/ animal products through the territory of Vietnam without
the permission of competent authority.
3. A fine ranging from VND 5,000,000 to VND
6,000,000 shall be imposed for temporarily importing, temporarily exporting or
transiting animals/ animal products whose origin is different from that
specified in the Certificate of quarantine through the territory of Vietnam.
4. A fine ranging from VND 8,000,000 to VND
10,000,000 shall be imposed for any of the following violations:
a) Let animals that are temporarily
imported, temporarily exported or transited through the territory of Vietnam in
contact with the animals that are raised in the territory of Vietnam;
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c) Use the vehicles that fail to meet veterinary
hygiene standards to transport imported animals/ products thereof;
d) Temporarily importing, temporarily exporting or
transiting animals/ animal products through the territory of Vietnam through
the checkpoint other than the permitted one.
5. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for any of the following violations:
a) Break the seals/ lead seals of the vehicles
containing or transporting animals/ animal products without permission;
b) Loading animals/ animal products before the
quarantine without permission;
c) Change the vehicle of transport of animals/
animal products without permission;
d) Fail to collect or treat bodies of dead animals,
waste matters, bedding, left-over food and feeds during the transportation
according to guidance of the veterinary authority.
6. Remedial measures:
a) Enforced re-export of animals/animal products if
any of the violations prescribed in Clause 2 and Clause 3 of this Article is
committed;
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Sub-section 3. VIOLATIONS
AGAINST REGULATIONS ON CERTIFICATE OF QUARANTINE OF ANIMALS AND ANIMAL PRODUCTS
Article 17. Violations against
general regulations on Certificate of quarantine of animals and animal products
that are transported out of a province
1. A fine ranging from VND 4,000,000 to VND
5,000,000 shall be imposed for trading, erasing or altering contents of the
Certificate of quarantine of animals/ animal products.
2. A fine ranging from VND 5,000,000 to VND
6,000,000 shall be imposed for leasing, lending or borrowing the Certificate of
quarantine of animals/ animal products.
3. A fine ranging from VND 6,000,000 to VND
8,000,000 shall be imposed for failure to obtain a Certificate of quarantine of
animals/ animal products as regulated.
4. Additional penalties:
Confiscate Certificate of quarantine of
animals/animal products if any of the violations prescribed in Clause 1 and
Clause 2 of this Article is committed.
5. Remedial measures:
a) Enforced quarantine of animals/animal products
if the violation prescribed in Clause 3 of this Article is committed;
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Article 18. Violations against
general regulations on Certificate of quarantine of imported animals and products
thereof
1. A fine ranging from VND 4,000,000 to VND
5,000,000 shall be imposed for trading, erasing or altering contents of the
Certificate of quarantine of animals/ animal products.
2. A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for using the Certificate of quarantine of animals/
animal products in which species of imports is other than actually imported
ones or the place of destination is not Vietnam.
3. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failure to obtain a Certificate of quarantine
of animals/ animal products as regulated.
4. Additional penalties:
Confiscate Certificate of quarantine of
animals/animal products if the violation prescribed in Clause 1 of this Article
is committed.
5. Remedial measures:
Enforced re-export or destruction of animals/animal
products if any of the violations prescribed in Clause 2 and Clause 3 of this
Article is committed.
Article 19. Violations against
general regulations on Certificate of quarantine of animals and animal products
that are temporarily imported, temporarily exported or transited through the
territory of Vietnam
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2. A fine ranging from VND 20,000,000 to VND
30,000,000 shall be imposed for failure to obtain a Certificate of quarantine
of animals/ animal products as regulated.
3. Additional penalties:
Confiscate Certificate of quarantine of
animals/animal products if the violation prescribed in Clause 1 of this Article
is committed.
4. Remedial measures:
Enforced re-export or destruction of animals/
animal products if the violation prescribed in Clause 2 of this Article is
committed.
Section 3. VIOLATIONS AGAINST
REGULATIONS ON CONTROL OF THE SLAUGHTER OF TERRESTRIAL ANIMALS;
PREPARATION/PROCESSING OF ANIMALS/ ANIMAL PRODUCTS; INSPECTION OF VETERINARY
HYGIENE
Article 20. Violations against
regulations on transport, trading, collection, storage and control of the
slaughter of terrestrial animals; preparation/processing of animals/ animal
products for trading
1. A fine ranging from VND 2,000,000 to VND
3,000,000 shall be imposed for failure to record or retain information to trace
the origin of animals/ animal products.
2. A fine ranging from VND 3,000,000 to VND
4,000,000 shall be imposed for failure to apply for slaughtering control to the
veterinary authority when conducting the slaughter of terrestrial animals on
the List of animals subject to slaughtering control, except for small
slaughterhouses in the islands, ethnic minority areas and areas facing
socio-economic difficulties.
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4. A fine ranging from VND 6,000,000 to VND
8,000,000 shall be imposed for the slaughter of animals at the place that is
not permitted by the competent authority.
5. A fine ranging from VND 8,000,000 to VND
12,000,000 shall be imposed for transport of dead animals/ animal products that
fail to meet veterinary hygiene standards and food safety standards for
trading.
6. A fine ranging from 60% to 70% of the value of
animal products but not exceeding VND 50,000,000 shall be imposed for transport
and/or trading of meat and products of cattle/ poultry without the slaughtering
control seal or veterinary hygiene stamp or without the slaughtering control
seal affixed to packages thereof.
7. A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Slaughter animals or collect aquatic
animals/animal products to use as food before the expiration of withdrawal
period according to the instruction;
b) Put water or other substances into animals
before the slaughter.
8. A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed for soaking animal products in chemicals.
9. A fine ranging from VND 25,000,000 to VND
30,000,000 shall be imposed for any of the following violations:
a) Produce, prepare, process or trade in animal
products carrying substances banned from using in animal husbandry or
veterinary medicine;
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10. A fine ranging from VND 30,000,000 to VND
35,000,000 shall be imposed for transport, storage or slaughter of animals,
which have administered the tranquilizer inconsistently with the instructions
of drug manufacturer or the competent veterinary authority, to use as food.
11. A fine ranging from VND 40,000,000 to VND 50,000,000
shall be imposed for transport, trading, storage or slaughter of animals
carrying substances banned from using in animal husbandry.
12. Additional penalties:
a) Confiscate the exhibits of administrative
violations prescribed in Clause 5, Clause 9 and Clause 11 of this Article;
b) Suspend the operation for 01 – 03 months if any
of the violations prescribed in Clause 8 and Clause 9 of this Article is
committed;
c) Suspend the operation for 03 – 06 months if any
of the violations prescribed in Clause 10 and Clause 11 of this Article is
committed.
13. Remedial measures:
a) Enforced veterinary hygiene inspection of animal
products if the violation prescribed in Clause 6 of this Article is committed.
In case the inspection result indicates that the animal products fail to meet
veterinary hygiene standards, enforced destruction or heat treatment of animal
products for changing use purpose shall be applied if the violation prescribed
in Clause 6 of this Article is committed;
b) Enforced heat treatment to change using purpose
of animal products if any of the violations prescribed in Clause 2, Clause 4,
Clause 7 and Clause 8 of this Article is committed;
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d) Enforced suspension of the slaughter of animals
that have administered the tranquilizer before the slaughter until having food
safety inspection result; enforced destruction of animal products carrying
tranquilizer residues exceeding the limit permitted by the Ministry of Health
if the violation prescribed in Clause 10 of this Article is committed.
Article 21. Violations against
veterinary hygiene standards for small slaughterhouses; small establishments that
carry out the preparation/processing of animals/ animal products
1. A fine ranging from VND 500,000 to VND 1,000,000
shall be imposed on the person who directly slaughters the animals or performs
the preparation/processing of animal products for failure to comply with
the regulations on health and hygiene procedures during the slaughtering
activity or the preparation/processing activities.
2. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for using equipment, tools and water for slaughtering
animals or preparing/ processing animals/ animal products which fail to meet
veterinary hygiene standards.
Article 22. Violations against
veterinary hygiene standards for concentrated slaughterhouses; establishments
that carry out the preparation/processing of animals/ animal products for
trading purpose
1. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed on the person who directly slaughters the animals or
performs the preparation/processing of animal products for failure to comply
with the regulations on health and hygiene procedures during the slaughtering
activity or the preparation/processing activities.
2. A fine ranging from VND 2,000,000 to VND
4,000,000 shall be imposed for failure to comply with operational procedures for
slaughter or preparation/processing of animals.
3. A fine ranging from VND 4,000,000 to VND
5,000,000 shall be imposed for using equipment, tools and water for
slaughtering animals or preparing/ processing animals/ animal products which
fail to meet veterinary hygiene standards.
Article 23. Violations against
veterinary hygiene standards in transport of animals and products thereof
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a) Use the vehicles that fail to meet veterinary
hygiene standards to transport animals and products thereof;
b) Use containers of animal products that fail to
meet veterinary hygiene standards.
2. A fine ranging from VND 2,000,000 to VND
3,000,000 shall be imposed for failure to collect and treat wastewater and
waste matters during the transportation of animals and products thereof.
Article 24. Violations against
veterinary hygiene standards applicable to animal markets and animal collecting
establishments
1. A fine ranging from VND 2,000,000 to VND
3,000,000 shall be imposed for small animal markets that do not arrange places
for collecting and treating wastewater and waste matters.
2. A fine ranging from VND 3,000,000 to VND
4,000,000 shall be imposed on animal collecting establishments for any of the
following violations:
a) Fail to ensure the prescribed distance between
their locations and residential areas, raising establishments or aquaculture
establishments as regulated in Point a Clause 3 Article 71 of the Law on
Veterinary Medicine;
b) Fail to arrange separate area to keep each
species of animals;
c) Use equipment, tools and water that fail to
satisfy veterinary hygiene standards.
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a) Have a location that fails to comply with the
planning of local government;
b) Fail to arrange separate area to keep each
species of animals;
c) Use equipment, tools and water that fail to
satisfy veterinary hygiene standards;
d) Fail to carry out the cleansing, decontamination
and disinfection according to the regulations.
Article 25. Violations against
veterinary hygiene standards applicable to establishments trading in animal
products
1. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for any of the following violations:
a) Use the things that fail to meet veterinary
hygiene standards for display, sale or containing of animal products;
b) Fail to carefully cleanse things/tools before
and after the sale of animal products or fail to conduct the periodical
decontamination and disinfection.
2. A fine ranging from VND 2,000,000 to VND
3,000,000 shall be imposed for using warehouse or equipment which fails to meet
veterinary hygiene standards to preserve animal products.
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1. A fine ranging from VND 2,000,000 to VND 3,000,000
shall be imposed for performing testing, diagnosis or surgery for animals at
the location that fails to satisfy veterinary hygiene standards.
2. A fine ranging from VND 4,000,000 to VND
5,000,000 shall be imposed for any of the following violations:
a) Fail to equip appropriate facilities, equipment,
tools and chemicals;
b) Fail to arrange separate places to keep animals.
3. Additional penalties:
Suspend the establishment’s operation for 01 – 03
months if the violation prescribed in Clause 2 of this Article is committed.
Article 27. Violations against
regulations on Certificate of veterinary hygiene
1. A fine ranging from VND 3,000,000 to VND
4,000,000 shall be imposed on small slaughterhouses, small establishments that
carry out the preparation/processing of animals/ animal products, small
animal markets, and animal collecting establishment for any of the following
violations:
a) Fail to possess a lawful Certificate of
veterinary hygiene;
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2. A fine ranging from VND 4,000,000 to VND
5,000,000 shall be imposed for trading, erasing or altering contents of the
Certificate of veterinary hygiene.
3. A fine ranging from VND 5,000,000 to VND
6,000,000 shall be imposed on hatcheries or breeding establishments; animal
quarantine areas; manufacturers of animal-based raw feed materials; the
establishments preparing/processing animals and animal products for export; or
the establishments trading in animals/ animal products for failing to hold a
Certificate of veterinary hygiene or using an expired Certificate of veterinary
hygiene.
4. A fine ranging from VND 6,000,000 to VND
7,000,000 shall be imposed on concentrated raising establishments; cold
storages for preserving fresh and/or prepared/processed animals/ animal
products; the establishments performing testing, diagnosis and surgery for
animals for failing to hold a Certificate of veterinary hygiene or using an
expired Certificate of veterinary hygiene.
5. A fine ranging from VND 7,000,000 to VND
8,000,000 shall be imposed on the specialized animal markets; the concentrated
slaughterhouses; or the establishments preparing/processing animals and animal
products for trading for failing to hold a Certificate of veterinary hygiene or
using an expired Certificate of veterinary hygiene.
6. Additional penalties:
Confiscate the Certificate of veterinary hygiene if
the violation prescribed in Clause 2 of this Article is committed.
Section 4. VIOLATIONS AGAINST
REGULATIONS ON MANAGEMENT OF VETERINARY DRUGS
Sub-section 1. VIOLATIONS
AGAINST REGULATIONS ON ANALYSIS AND TESTING OF VETERINARY DRUGS
Article 28. Violations against
procedures for veterinary drug testing
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2. A fine ranging from VND 4,000,000 to VND
5,000,000 shall be imposed for trading, erasing or altering contents of the
License to conduct the testing of veterinary drugs.
3. A fine ranging from VND 5,000,000 to VND
6,000,000 shall be imposed for any of the following violations:
a) Fail to possess the License to conduct the
testing of veterinary drugs;
b) Use an expired License to conduct the testing of
veterinary drugs.
4. Additional penalties:
Confiscate the License to conduct the testing of
veterinary drugs if the violation prescribed in Clause 2 of this Article is
committed.
Article 29. Violations against
requirements for organizations conducting the testing of veterinary drugs
1. A fine ranging from VND 4,000,000 to VND
5,000,000 shall be imposed on the person who is in charge of technical issues
of the organization for failing to possess a veterinary practicing certificate
or using an expired veterinary practicing certificate.
2. A fine ranging from VND 5,000,000 to VND
6,000,000 shall be imposed for any of the following violations:
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b) Fail to have the barrier or the wall to prevent
the organization from being penetrated by outside people or animals;
c) Fail to have a clean water source;
d) Fail to have sufficient places keep animals so
as to ensure testing results;
dd) Fail to have sufficient species or quantity of
animals to meet testing requirements;
e) Fail to arrange separate places to raise animals
for testing purpose.
3. Additional penalties:
Suspend the operation of the organization
conducting the testing of veterinary drugs for 01 – 03 months if the violation
prescribed in Clause 2 of this Article is committed.
Article 30. Violations against
requirements for establishments performing the analysis of veterinary drugs
1. A fine ranging from VND 4,000,000 to VND
5,000,000 shall be imposed for any of the following violations:
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b) The person who manages or directly performs the
analysis of veterinary drugs fails to have a veterinary practicing certificate
or uses an expired one.
2. A fine ranging from VND 6,000,000 to VND
8,000,000 shall be imposed for any of the following violations:
a) Fail to equip appropriate equipment, machines
and tools or use the ones which fail to meet the required standards to take
specimens, analyze, adjust and process analytical data;
b) Fail to arrange separate places to raise animals
for testing purpose;
c) Fail to have a separate place of conducting
virulence tests for vaccines and microorganisms;
d) Fail to have animal raising rooms that meet
biosafety standards for performing the testing of vaccines against highly
pathogenic agents;
dd) Fail to have specialized equipment for keeping
bacteria alive for testing purposes.
3. Additional penalties:
Suspend the establishment’s operation for 01 – 03
months if the violation prescribed in Clause 2 of this Article is committed.
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Article 31. Violations against
procedures for production of veterinary drugs
1. A fine ranging from VND 5,000,000 to VND
6,000,000 shall be imposed for failure to have documents about each production
batch.
2. A fine ranging from VND 6,000,000 to VND
7,000,000 shall be imposed for providing false or inaccurate documents or
information in the application for registration of sale of veterinary drugs
which has been processed.
3. Additional penalties:
Confiscate documents/ papers if the violation
prescribed in Clause 2 of this Article is committed.
Article 32. Violations against
requirements for production, processing and division of veterinary drugs
1. A fine ranging from VND 4,000,000 to VND
5,000,000 shall be imposed for erasing or altering contents of the GMP
Certificate.
2. A fine ranging from VND 5,000,000 to VND
6,000,000 shall be imposed on the person who is in charge of managing the
production or analysis of veterinary drugs for failing to possess a veterinary
practicing certificate or using an expired veterinary practicing certificate.
3. A fine ranging from VND 6,000,000 to VND
8,000,000 shall be imposed for any of the following violations:
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b) Use equipment that is not conformable with the
scale of production and quality inspection of each type of veterinary drug.
4. A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for each time of production of veterinary drugs at
the places other than the one specified in the GMP Certificate or failure to
ensure GMP manufacturing conditions licensed by the competent authority.
5. A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed for any of the following violations:
a) Fail to have a GMP Certificate;
b) Use an expired GMP Certificate.
6. Additional penalties:
Confiscate GMP Certificate if the violation
prescribed in Clause 1 of this Article is committed.
Article 33. Violations against
regulations on quality in production of veterinary drugs
1. A fine ranging from VND 6,000,000 to VND
8,000,000 shall be imposed for any of the following violations:
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b) Fail to retain the samples of veterinary drugs.
2. A fine ranging from 70% to 80% of the value of
each production batch but not exceeding VND 50,000,000 for production of each
type of veterinary drug that:
a) fails to meet one of the criteria on quality
with respect of appearance, physicochemical properties, microbial contamination
and sterility levels according to the application for registration approved by
the competent authority; or
b) has the drug content exceeding the permissible
limit of ±10% in comparison with the content specified in the drug label or has
the content of probiotics smaller than 90% of its content specified in the
label of veterinary drug products containing probiotics; or
c) has the net weight or the actual volume beyond
the permissible limits in comparison with the net weight or the actual volume
specified in the drug labels which have been registered and approved by the
competent authority.
3. A fine ranging from 80% to 90% of the value of
each production batch but not exceeding VND 50,000,000 for production of each
type of veterinary drug that:
a) contains active ingredients other than those
stated in the application for sale processed by the competent authority; or
b) fails to state names of active ingredients or
the main active ingredient in the drug label; or
c) has change in appearance such as such as being
curdy, turbid, transformed color, deposited sediments, bedded, or transformed
shape; or
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4. A fine ranging from VND 8,000,000 to VND
10,000,000 shall be imposed for production, division or processing of
veterinary drugs but failing to provide notification to the competent authority
of change in drug ingredients, formulation, dosage
form, administration route, dosage and/or indications of the
veterinary drug; or change in production methods or processes.
5. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for production of each type of veterinary drug by
using drug ingredients with unidentified origin.
6. A fine ranging from VND 15,000,000 to VND
20,000,000 shall be imposed for any of the following violations:
a) Produce each type of veterinary drug in the GMP
production line without license;
b) Improperly use each type of veterinary drug
ingredient.
7. A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed for production of each type of veterinary drug
which is not on the List of veterinary drugs permissible for sales in Vietnam
or which is not yet approved by competent authorities provided the production
batch is worth less than VND 200,000,000.
8. A fine ranging from VND 40,000,000 to VND
50,000,000 shall be imposed for production of veterinary drugs on the List of
veterinary drugs that are banned in Vietnam provided the production batch is
worth less than VND 100,000,000.
9. Additional penalties:
Suspend the veterinary practicing certificate for 01
- 03 months if any of the violations prescribed in Clause 6, Clause 7 and
Clause 8 of this Article is committed.
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a) Enforced recall or recycling of veterinary drugs
if the violation prescribed in Clause 2 of this Article is committed. In case
veterinary drugs are unrecyclable, they must be destroyed if the violation
prescribed in Point b Clause 2 of this Article is committed;
b) Enforced recall or destruction of veterinary
drugs and/or vaccines if any of the violations prescribed in Clause 3, Clause
4, Point a Clause 6, Clause 7 and Clause 8 of this Article is committed.
Article 34. Violations against
procedures for trading in veterinary drugs
1. A fine ranging from VND 2,000,000 to VND
3,000,000 shall be imposed for any of the following violations:
a) Fail to have books or invoices/ vouchers for
following drug dispatching/warehousing;
b) Fail to post the selling prices of veterinary
drugs.
2. A fine ranging from VND 4,000,000 to VND
5,000,000 shall be imposed for trading in veterinary drugs but failing to give
a notification of change in trading location to the competent authority.
Article 35. Violations against
requirements for trading in veterinary drugs
1. A fine ranging from VND 3,000,000 to VND
4,000,000 shall be imposed for any of the following violations:
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b) Keep veterinary drugs for sale in the same
places where industrial chemicals, pesticides, drugs for human, foods and
foodstuffs are store;
c) The manager or the person directly selling
veterinary drugs fails to hold veterinary practicing certificate as regulated
or uses an expire one.
2. A fine ranging from VND 4,000,000 to VND
5,000,000 shall be imposed for any of the following violations in trading of
vaccines or biological preparations:
a) Fail to equip refrigerator, freezer or cold
storage to preserve veterinary drugs according to preservation instructions
stated in the drug label;
b) Fail to have thermometers to check the
preservation temperature;
c) Use the vehicle that fails to meet the
preservation requirements to transport vaccines;
d) Erase or alter contents of the Certificate of
eligibility to trade in veterinary drugs.
3. A fine ranging from VND 5,000,000 to VND
6,000,000 shall be imposed for failure to establish a fixed store to sell
veterinary drugs.
4. A fine ranging from VND 6,000,000 to VND
8,000,000 shall be imposed for portioning of veterinary drug of each type
without the permission of the competent veterinary authority.
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a) Fail to obtain a Certificate of eligibility to
trade in veterinary drugs;
b) Use an expired Certificate of eligibility to trade
in veterinary drugs.
6. Additional penalties:
Confiscate the Certificate of eligibility to trade
in veterinary drugs if the violation prescribed in Point d Clause 2 of this
Article is committed.
7. Remedial measures:
Enforced recall or destruction of veterinary drugs
if the violation prescribed in Clause 4 of this Article is committed.
Article 36. Violations against
regulations on quality in trading of veterinary drugs
1. A fine ranging from VND 5,000,000 to VND 6,000,000
shall be imposed for trading each type of veterinary drug that:
a) fails to meet one of the criteria on quality
with respect of appearance, physicochemical properties, microbial contamination
and sterility levels according to the application for registration of
veterinary drugs approved by the competent authority; or
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c) has the net weight or the actual volume beyond
the permissible limits in comparison with the net weight or the actual volume
specified in the drug labels which have been registered and approved by the
competent authority.
2. A fine ranging from VND 7,000,000 to VND
8,000,000 shall be imposed for trading each type of veterinary drug that:
a) contains active ingredients other than those
stated in the application for sale of veterinary drugs which has been processed
by the competent authority or
b) fails to state names of active ingredients or
the main active ingredient in the drug label; or
c) has change in appearance such as such as being
curdy, turbid, transformed color, deposited sediments, bedded, or transformed
shape; or
d) Veterinary vaccine fails to fulfill any of the
three following conditions: sterility or purity, safety and effectiveness.
3. A fine ranging from VND 10,000,000 to VND
12,000,000 shall be imposed for trading of each type of veterinary drug which
is not on the List of veterinary drugs permissible for sales in Vietnam or
which is not yet approved by competent authorities provided the sold veterinary
drugs are worth less than VND 200,000,000.
4. A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed for any of the following violations:
a) Sell each type of drug ingredients to the
establishment that fails to meet eligibility requirements;
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5. A fine ranging from VND 30,000,000 to VND
40,000,000 shall be imposed for trading of veterinary drugs on the List of
veterinary drugs that are banned in Vietnam provided the sold veterinary drugs
are worth less than VND 100,000,000.
6. Additional penalties:
Suspend the veterinary practicing certificate for
01 - 03 months if any of the violations prescribed in Clause 3, Clause 4 and
Clause 5 of this Article is committed.
7. Remedial measures:
a) Enforced recall or recycling of veterinary drugs
if the violation prescribed in Clause 1 of this Article is committed. In case
veterinary drugs are unrecyclable, they must be destroyed if the violation
prescribed in Point b Clause 1 of this Article is committed;
b) Enforced recall or destruction of veterinary
drugs or veterinary vaccines if any of the violations prescribed in Clause 2,
Clause 3 and Clause 5 of this Article is committed;
c) Enforced destruction of veterinary drug
ingredients, drug ingredients for human or drugs for human if the violation
prescribed in Clause 4 of this Article is committed.
Article 37. Violations against
procedures for import of veterinary drugs and veterinary drug ingredients
1. A fine ranging from VND 2,000,000 to VND
4,000,000 shall be imposed for any of the following violations:
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b) Fail to retain documents relating to each
shipment of veterinary drugs according to the regulations.
2. A fine ranging from VND 6,000,000 to VND
8,000,000 shall be imposed for any of the following violations:
a) Import each type of veterinary drugs which is
not yet granted the Certificate of sales in Vietnam or which is not on the List
of veterinary drugs permissible for sales in Vietnam or without the written
approval by the competent authority;
b) Import each type of veterinary drug ingredients
without the license granted by the Department of Animal Health;
c) Import veterinary drug ingredients of species
other than the one permitted by the competent authority.
3. Remedial measures:
Enforced re-export or destruction of veterinary drugs
or veterinary drug ingredients if the violation prescribed in Clause 2 of this
Article is committed; veterinary drugs or veterinary drug ingredients must be
recalled and destroyed if they are unable to be re-exported.
Article 38. Violations against
requirements for import of veterinary drugs and veterinary drug ingredients
1. A fine ranging from VND 4,000,000 to VND
5,000,000 shall be imposed for any of the following violations:
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b) The manager fails to have a veterinary
practicing certificate or uses an expired one;
c) Erase or alter contents of the Certificate of
eligibility to import veterinary drugs.
2. A fine ranging from VND 6,000,000 to VND
8,000,000 shall be imposed for any of the following violations:
a) Fail to have equipment, i.e. ventilation fans,
air conditioning systems, thermometers or hygrometers, etc., conformable to the
preservation of drugs;
b) Keep veterinary drugs/ veterinary drug
ingredients inconsistently with the preservation instructions stated in the
drug label;
c) Fail to have separate warehouse, standby
generator or equipment conformable to the preservation instructions stated in
the drug label;
d) Use the vehicle that fails to meet the
preservation requirements to transport vaccines;
dd) Fail to have documents on quality control and
supervision of dispatching/warehousing of each type of veterinary drugs.
3. A fine ranging from VND 10,000,000 to VND
15,000,000 shall be imposed for any of the following violations:
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b) Use an expired Certificate of eligibility to
import veterinary drugs.
4. Additional penalties:
Confiscate the Certificate of eligibility to import
veterinary drugs if the violation prescribed in Point c Clause 1 of this
Article is committed.
Article 39. Violations against
regulations on quality in import of veterinary drugs and veterinary drug
ingredients
1. A fine ranging from 60% to 70% of the value of
the shipment but not exceeding VND 50,000,000 shall be imposed for import of
veterinary drugs/ veterinary drug ingredients that fail to meet quality
standards declared by the manufacturer.
2. A fine ranging from VND 20,000,000 to VND
25,000,000 shall be imposed for selling each type of imported veterinary drug
ingredients to the establishment that is not yet granted the Certificate of
eligibility to import veterinary drugs or the Certificate of eligibility to
manufacture veterinary drugs or the animal raising establishment or aquaculture
establishment.
3. Additional penalties:
Suspend the import of veterinary drugs for 06 – 09
months if the violation prescribed in Clause 2 of this Article is committed.
4. Remedial measures:
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Article 40. Violations against
regulations on labeling of veterinary drug products
1. A fine ranging from VND 4,000,000 to VND
6,000,000 shall be imposed for labeling of veterinary drug products with
contents other than the registered ones or specifying contents relating GMP
Certificate while failing to obtain the GMP Certificate as regulated.
2. Remedial measures:
Enforced recall of veterinary drugs bearing labels
whose contents are different from the registered ones if the violation
prescribed in Clause 1 of this Article is committed.
Section 5. VIOLATIONS AGAINST
REGULATIONS ON VETERINARY PRACTICE
Article 41. Violations against
procedures for veterinary practice
1. A fine ranging from VND 4,000,000 to VND
5,000,000 shall be imposed for erasing or altering the contents of the
veterinary practicing certificate.
2. A fine ranging from VND 5,000,000 to VND
6,000,000 shall be imposed for leasing, renting or borrowing the veterinary
practicing certificate.
3. A fine ranging from VND 6,000,000 to VND
7,000,000 shall be imposed for failing to have veterinary practicing
certificates or using expired ones when practicing in inoculation, treatment,
surgery of animals; examination, diagnosis, testing on animals; consultation on
activities relating to veterinary medicine.
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5. Additional penalties:
Confiscate documents, papers and the veterinary
practicing certificate if any of the violations prescribed in Clause 1, Clause
2 and Clause 4 of this Article is committed.
Article 42. Violations against
regulations on veterinary practicing activities
1. A fine ranging from VND 1,000,000 to VND
2,000,000 shall be imposed for any of the following violations:
a) Practice in the fields or the scope of
profession other than the ones specified in the veterinary practicing
certificate;
b) Carry out veterinary practicing activities at
the location other than the one specified in the veterinary practicing
certificate;
c) Fail to timely provide information upon the
occurrence of any of the animal diseases on the List of animal diseases subject
to outbreak declaration at the request of the competent authority;
d) Fail to participate in the prevention and
fighting against animal diseases upon the request of competent authorities.
2. A fine ranging from VND 4,000,000 to VND
6,000,000 shall be imposed for any of the following violations:
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b) Use veterinary drugs with unidentified origin or
expired ones for preventing or treating animal diseases;
c) Use veterinary drug ingredients or drug
ingredients for human or drugs for human for preventing or treating animal
diseases;
d) Make up prescriptions with veterinary drugs
which are not on the List of veterinary drugs permissible for sales in Vietnam or
which are not yet approved by competent authorities or which are on the List of
veterinary drugs banned in Vietnam.
3. A fine ranging from VND 6,000,000 to VND
8,000,000 shall be imposed for any of the following violations:
a) Use veterinary drugs on the List of veterinary
drugs banned in Vietnam for the purposes of preventing or treating animal
diseases;
b) Give treatment to animals infected with any of
the diseases on the List of animal diseases banned from slaughtering/treatment
or animals infected with infectious diseases subject to compulsory slaughter or
destruction according to regulations;
c) Give treatment to animals in the epidemic zones
or at the places where animals infected with infectious diseases are kept
inconsistently with guidance by the veterinary authority.
4. Additional penalties:
a) Suspend the veterinary practicing certificate
for 01 - 03 months if the violation prescribed in Clause 2 of this Article is
committed;
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5. Remedial measures:
a) Enforced destruction of veterinary drugs,
veterinary drug ingredients, drugs for human and the ingredients thereof if any
of the violations prescribed in Clause 2 and Point a Clause 3 of this Article
is committed;
b) Enforced destruction of animals if any of the
violations prescribed in Point b and Point c Clause 3 of this Article is
committed.
Chapter III
POWER TO RECORD ADMINISTRATIVE
VIOLATIONS AND IMPOSE PENALTIES
Article 43. Power of
Chairpersons of people’s committees at all levels
1. Chairpersons of communal-level people’s
committees shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 5,000,000;
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d) Enforce the remedial measures mentioned in
Points a, b, c and dd Clause 1 Article 28 of the Law on Penalties for
Administrative Violations.
2. Chairpersons of District-level People’s
Committees shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 25,000,000;
c) Suspend practicing licenses or certificates or
suspend operations for a fixed period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violations, which are worth less than the fine
specified in Point b Clause 2 of this Clause;
dd) Enforce the remedial measures mentioned in
Points a, b, c, dd, e, h and i Clause 1 Article 28 of the Law on Penalties for
Administrative Violations and the remedial measures mentioned in Clause 3
Article 3 herein.
3. Chairpersons of Provincial-level People’s
Committees shall have the power to:
a) Issue warning;
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c) Suspend practicing licenses or certificates or
suspend operations for a fixed period;
d) Confiscate the exhibits and instrumentalities of
administrative violations;
dd) Enforce the remedial measures mentioned in
Points a, b, c, d, dd, e, g, h and i Clause 1 Article 28 of the Law on
Penalties for Administrative Violations and the remedial measures mentioned in
Clause 3 Article 3 herein.
Article 44. Power of
inspectorates
1. On-duty inspectors of agriculture and rural
development sector and persons who are assigned to conduct specialized
inspections of veterinary medicine, aquatic products, quality control of
agricultural products, forest products and aquatic products shall have the
power to:
a) Issue warning;
b) Impose a fine up to VND 500,000;
c) Confiscate the exhibits and instrumentalities
for committing administrative violations, which are worth less than the fine
specified in Point b Clause 1 of this Clause;
d) Enforce the remedial measures mentioned in Points
a, c and dd Clause 1 Article 28 of the Law on penalties for administrative
violations.
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a) Issue warning;
b) Impose a fine up to VND 25,000,000;
c) Suspend practicing licenses or certificates or
suspend operations for a fixed period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violations, which are worth less than the fine
specified in Point b Clause 2 of this Clause;
dd) Enforce the remedial measures mentioned in
Points a, b, c, d, dd, e, g, h and i Clause 1 Article 28 of the Law on
Penalties for Administrative Violations and the remedial measures mentioned in
Clause 3 Article 3 herein.
3. Head of the specialized inspection team
established by the Ministry of Agriculture and Rural Development shall have the
power to:
a) Issue warning;
b) Impose a fine up to VND 35,000,000;
c) Suspend practicing licenses or certificates or
suspend operations for a fixed period;
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dd) Enforce the remedial measures mentioned in
Points a, b, c, d, dd, e, g, h and i Clause 1 Article 28 of the Law on
Penalties for Administrative Violations and the remedial measures mentioned in
Clause 3 Article 3 herein.
4. The Chief Inspector of Ministry of Agriculture
and Rural Development, Director General of Directorate of Fisheries, Director
General of Department of Animal Health, Director General of the National
Agro-Forestry-Fisheries Quality Assurance Department (NAFIQAD) shall have the
power to:
a) Issue warning;
b) Impose a fine up to VND 50,000,000;
c) Suspend practicing licenses or certificates or
suspend operations for a fixed period;
d) Confiscate the exhibits and instrumentalities of
administrative violations;
dd) Enforce the remedial measures mentioned in
Points a, b, c, d, dd, e, g, h and i Clause 1 Article 28 of the Law on
Penalties for Administrative Violations and the remedial measures mentioned in
Clause 3 Article 3 herein.
Article 45. Power of People’s
Public Securities Forces
1. Soldiers on duty of People’s Public Security
Forces shall have the power to:
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b) Impose a fine up to VND 500,000;
2. Heads of border guard stations, and leaders of
soldiers mentioned in Clause 1 of this Article have the power to:
a) Issue warning;
b) Impose a fine up to VND 1,500,000;
3. Communal-level police chiefs, heads of public
security stations, heads of public security stations at border gates or export
processing zones shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 2,500,000;
c) Confiscate the exhibits and instrumentalities
for committing administrative violations, which are worth less than the fine
specified in Point b Clause 3 of this Clause;
d) Enforce the remedial measures mentioned in
Points a, c and dd Clause 1 Article 28 of the Law on Penalties for
Administrative Violations.
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b) Impose a fine up to VND 10,000,000;
c) Suspend practicing licenses or certificates or suspend
operations for a fixed period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violations, which are worth less than the fine
specified in Point b Clause 4 of this Clause;
dd) Enforce the remedial measures mentioned in
Points a, c and dd Clause 1 Article 28 of the Law on Penalties for
Administrative Violations and the remedial measures mentioned in Clause 3
Article 3 herein.
5. Directors of Provincial-level Public Security
Departments shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 25,000,000;
c) Suspend practicing licenses or certificates or
suspend operations for a fixed period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violations, which are worth less than the fine
specified in Point b Clause 5 of this Clause;
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6. Director of the General Economic Security
Department; Director of Agriculture, Forestry and Aquaculture Economic Security
Department; Director of the Investigation Police Department on Economic and
Corruption-related Crimes, Director of the Traffic Police Department, Director
of the Environment Crime Prevention and Fighting Police Department shall have
the power to:
a) Issue warning;
b) Impose a fine up to VND 50,000,000;
c) Suspend practicing licenses or certificates or
suspend operations for a fixed period;
d) Confiscate the exhibits and instrumentalities of
administrative violations;
dd) Enforce the remedial measures mentioned in
Points a, c, dd and i Clause 1 Article 28 of the Law on Penalties for
Administrative Violations and the remedial measures mentioned in Clause 3
Article 3 herein.
Article 46. Power of Border
Guard Forces
1. Soldiers on duty of Border Guard Forces shall
have the power to:
a) Issue warning;
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2. Heads of border guard stations, and leaders of
soldiers mentioned in Clause 1 of this Article have the power to:
a) Issue warning;
b) Impose a fine up to VND 2,500,000;
3. Heads of border-guard stations, commanders of
border-guard flotillas, commanders of border-guard sub-zones and commanders of
port border guards shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 10,000,000;
c) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine imposed for
same violation as regulated in Point b of this Clause;
d) Enforce the remedial measures mentioned in
Points a, c and dd Clause 1 Article 28 of the Law on Penalties for
Administrative Violations and the remedial measures mentioned in Clause 3
Article 3 herein.
4. Commanders of provincial-level border guard
forces and commanders of border guard fleets affiliated to Border Guard High
Command shall have the power to:
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b) Impose a fine up to VND 50,000,000;
c) Suspend license or practicing certificate or
suspend operations for fixed period;
d) Confiscate the exhibits and instrumentalities of
administrative violations;
dd) Enforce the remedial measures mentioned in
Points a, c, dd and i Clause 1 Article 28 of the Law on Penalties for
Administrative Violations and the remedial measures mentioned in Clause 3
Article 3 herein.
Article 47. Power of Marine
Police Forces
1. Police Officers on duty of Marine Police Forces
shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 1,000,000;
2. Coastguard team leaders shall have the power to:
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b) Impose a fine up to VND 2,500,000;
3. Coastguard squad leaders and captains of
coastguard stations shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 5,000,000;
c) Enforce the remedial measures mentioned in
Points a, c and dd Clause 1 Article 28 of the Law on Penalties for
Administrative Violations.
4. Commanders of coastguard platoons shall have the
power to:
a) Issue warning;
b) Impose a fine up to VND 10,000,000;
c) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine imposed for
same violation as regulated in Point b of this Clause;
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5. Commanders in chief of coastguard squadrons
shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 15,000,000;
c) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine imposed for
same violation as regulated in Point b of this Clause;
d) Enforce the remedial measures mentioned in
Points a, c, d and dd Clause 1 Article 28 of the Law on Penalties for
Administrative Violations and the remedial measures mentioned in Clause 3
Article 3 herein.
6. Commanders of regional coastguard command
centers shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 25,000,000;
c) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine imposed for
same violation as regulated in Point b of this Clause;
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7. Commanders of Coastguard Headquarters shall have
the power to:
a) Issue warning;
b) Impose a fine up to VND 50,000,000;
c) Suspend license or practicing certificate or
suspend operations for fixed period;
d) Confiscate the exhibits and instrumentalities of
administrative violations;
dd) Enforce the remedial measures mentioned in
Points a, b, c, d and dd Clause 1 Article 28 of the Law on Penalties for
Administrative Violations and the remedial measures mentioned in Clause 3
Article 3 herein.
Article 48. Power of Customs
agencies
1. Customs officials on duty shall have the power
to:
a) Issue warning;
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2. Team leaders of Customs Branches and team
leaders of Post-clearance Audit Branches shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 5,000,000;
3. Directors General of Customs Branches and
Post-clearance Audit Branches, leaders of customs enforcement teams affiliated
to provincial, inter-provincial or city Customs Departments, leaders of
anti-smuggling and control teams, leaders of customs procedure teams, leaders
of marine control squads and leaders of intellectual property protection and
control teams, affiliated to Anti-smuggling and Investigation Department,
Vietnam Customs, shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 25,000,000;
c) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine imposed for
same violation as regulated in Point b of this Clause;
d) Enforce the remedial measures mentioned in
Points d, dd, g and i Clause 1 Article 28 of the Law on Penalties for
Administrative Violations and the remedial measures mentioned in Clause 3
Article 3 herein.
4. Directors General of Anti-smuggling and
Investigation Department, and Post-clearance Audit Department, affiliated to
Vietnam Customs, and Directors General of provincial, inter-provincial or city
Customs Departments shall have the power to:
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b) Impose a fine up to VND 50,000,000;
c) Suspend license or practicing certificate or
suspend operations for fixed period;
d) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine specified in
Point b of this Clause;
dd) Enforce the remedial measures mentioned in
Points d, dd, g and i Clause 1 Article 28 of the Law on Penalties for Administrative
Violations and the remedial measures mentioned in Clause 3 Article 3 herein.
5. Director General of Vietnam Customs shall have
the power to:
a) Issue warning;
b) Impose a fine up to VND 50,000,000;
c) Confiscate the exhibits and instrumentalities of
administrative violations;
d) Enforce the remedial measures mentioned in
Points d, dd, g and i Clause 1 Article 28 of the Law on Penalties for
Administrative Violations and the remedial measures mentioned in Clause 3
Article 3 herein.
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1. Market controllers on duty shall have the power
to:
a) Issue warning;
b) Impose a fine up to VND 500,000;
2. Leaders of Market Surveillance Teams shall have
the power to:
a) Issue warning;
b) Impose a fine up to VND 25,000,000;
c) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine imposed for
same violation as regulated in Point b of this Clause;
d) Enforce the remedial measures mentioned in
Points a, dd, e, g, h and i Clause 1 Article 28 of the Law on Penalties for
Administrative Violations and the remedial measures mentioned in Clause 3
Article 3 herein.
3. Directors General of Market Surveillance
Departments affiliated to Provincial Departments of Industry and Trade, and
Heads of Anti-smuggling Division, Anti-Counterfeiting Division, and Goods
Quality Control Division, affiliated to the Market Surveillance Agency, shall
have the power to:
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b) Impose a fine up to VND 50,000,000;
c) Confiscate the exhibits and instrumentalities
for committing administrative violation worth less than the fine imposed for
same violation as regulated in Point b of this Clause;
d) Suspend practicing licenses or certificates or
suspend operations for a fixed period;
dd) Enforce the remedial measures mentioned in
Points a, c, d, dd, e, g, h and i Clause 1 Article 28 of the Law on Penalties
for Administrative Violations and the remedial measures mentioned in Clause 3
Article 3 herein.
4. Director General of Market Surveillance Agency
shall have the power to:
a) Issue warning;
b) Impose a fine up to VND 50,000,000;
c) Confiscate the exhibits and instrumentalities of
administrative violations;
d) Suspend practicing licenses or certificates or
suspend operations for a fixed period;
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Article 50. Determination of
power to impose penalties of People’s Public Security Forces, Border Guard
Forces, Coast Guard Forces, Customs Authorities and Market Surveillance Units
1. Competent persons of People’s Public Security
Forces shall have the power to impose penalties for administrative violations,
impose additional penalties and enforce remedial measures for administrative
violations against regulations on veterinary medicine mentioned in Clause 6,
Clause 7 and Clause 8 Article 5; Clause 3, Clause 4 and Clause 5 Article 6;
Point b Clause 2, Point a Clause 7 Article 7; Clause 3, Clause 4, Clause 5,
Clause 6 and Clause 7 Article 8; Point b Clause 1, Clause 2 and Clause 4
Article 11; Clause 2 Article 12; Article 17; Clause 4, Clause 5, Clause 6,
Clause 7, Clause 8, Clause 9, Clause 10 and Clause 11 Article 20; Article 21;
Article 22; Article 23; Article 27; Clause 7 and Clause 8 Article 33; Clause 3,
Clause 4 and Clause 5 Article 36 of this Decree within the ambit of assigned functions,
tasks and power.
2. Competent persons of Border Guard Forces shall
have the power to impose penalties for administrative violations, impose
additional penalties and enforce remedial measures for administrative
violations against regulations on veterinary medicine mentioned in Clause 6
Article 5; Clause 3, Clause 4 and Clause 5 Article 6; Point b Clause 4, Clause
5, Clause 6 and Clause 7 Article 8; Article 14; Clause 1, Clause 3, Clause 4,
Clause 5, Clause 6, Clause 7, Clause 8, Clause 9 and Clause 10 Article 15;
Article 16, Article 18 and Article 19; Clause 2 Article 37; Clause 3 Article 38
of this Decree within the ambit of assigned functions, tasks and power.
3. Competent persons of Coast Guard Forces shall
have the power to impose penalties for administrative violations, impose
additional penalties and enforce remedial measures for administrative
violations against regulations on veterinary medicine in coastal areas and the
continental shelve of the Socialist Republic of Vietnam as mentioned in Clause
6 Article 5; Clause 3, Clause 5 Article 6; Clause 5, Clause 6 and Clause 7
Article 8; Clause 2, Clause 3 and Clause 4 Article 11; Article 14; Point a
Clause 1, Point a and Point b Clause 3, Clause 5, Clause 6, Clause 7, Clause 8,
Clause 9 and Clause 10 Article 15; Article 16, Article 17, Article 18 and
Article 19; Clause 2 Article 37; Clause 3 Article 38 of this Decree within the
ambit of assigned functions, tasks and power.
4. Competent persons of Customs Authorities Forces
shall have the power to impose penalties for administrative violations, impose
additional penalties and enforce remedial measures for administrative
violations against regulations on veterinary medicine mentioned in Article 14,
Article 15, Article 16, Article 18, Article 19; Clause 2 Article 37; Clause 3
Article 38; Clause 1 Article 39 of this Decree within the ambit of assigned
functions, tasks and power.
5. Competent persons of Market Surveillance Units shall
have the power to impose penalties for administrative violations, impose
additional penalties and enforce remedial measures for administrative
violations against regulations on veterinary medicine mentioned in Clause 6,
Clause 7 and Clause 8 Article 5; Clause 3, Clause 4 and Clause 5 Article 6;
Clause 5 and Clause 7 Article 7; Article 8, Article 11, Article 12 and Article
17; Clause 2, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9,
Clause 10 and Clause 11 Article 20; Article 21, Article 22, Article 23, Article
24, Article 25, Article 26, Article 27, Article 34, Article 35, Article 36 and
Article 40; Clause 2 and Clause 3 Article 42 of this Decree within the ambit of
assigned functions, tasks and power.
Article 51. Power to record
administrative violations
1. The persons having the power to impose
administrative penalties mentioned in Article 43 - 49 of this Decree shall have
the power to record administrative violations within the ambit of assigned
functions, tasks and powers.
2. Animal quarantine cadres, heads and vice-heads
of stations performing the function of veterinary management, officials and
public employees in the fields of veterinary medicine, aquaculture, quality
control of agricultural products, forest products and aquatic products who
detect violations against regulations on veterinary medicine while they are on
duty shall have the power to record administrative violations within the ambit
of assigned duties/ tasks and shall assume responsibility for such records.
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IMPLEMENTATION
PROVISIONS
Article 52. Entry into force
1. This Decree comes into force as from September
15, 2017.
2. This Decree shall nullify the following
regulations:
a) Point a Clause 2 Article 1; Point a, Point b,
Point D and Point g Clause 3 Article 3; Article 5, 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 and Article 20
of the Government's Decree No. 119/2013/ND-CP dated October 09, 2013 providing
for administrative penalties for violations against regulations on veterinary
medicine, animal breeds and animal feeds;
b) Clause 1, Clause 2, Clause 3, Clause 4, Clause
5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, Clause 11, Clause 12,
Clause 13, Clause 14, Clause 15, Clause 16, Clause 17, Clause 18, Clause 19,
Clause 20, Clause 21, Clause 22, Clause 23, Clause 24, Clause 25, Clause 26,
Clause 27, Clause 28, Clause 29, Clause 30, Clause 31 and Clause 32 Article 2
of the Government’s Decree No. 41/2017/ND-CP dated April 05, 2017 providing
amendment and supplementation to a number of articles of the Decrees on
administrative penalties in aquaculture, veterinary medicine, animal breeds,
animal feeds; forest management, development and protection, and forestry
management.
Article 53. Transition
1. The administrative violations against
regulations on veterinary medicine which are granted offence notices before the
date of entry into force of this Decree shall be handled in accordance with regulations
in the Government's Decree No. 119/2013/ND-CP dated October 09, 2013 providing
for administrative penalties for violations against regulations on veterinary
medicine, animal breeds and animal feeds; the Government’s Decree No.
41/2017/ND-CP dated April 05, 2017 providing amendment and supplementation to a
number of articles of the Decrees on administrative penalties in aquaculture,
veterinary medicine, animal breeds, animal feeds; forest management,
development and protection, and forestry management; In case this Decree
provides for a mitigating penalties for such administrative violations, this
Decree shall apply.
2. The administrative violations against
regulations on veterinary medicine which are committed or discovered before the
date of entry into force of this Decree but are not granted administrative
violation notices shall be handled in accordance with regulations of this
Decree.
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1. Minister of Agriculture and Rural Development
shall instruct and organize the implementation of this Decree.
2. Ministers, heads of ministerial-level agencies,
heads of the Government’s affiliates, Chairpersons of People’s Committees of
Central-affiliated Cities or Provinces shall be responsible for implementing
this Decree./.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc