THE
GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
119/2013/ND-CP
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Hanoi, October
09, 2013
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DECREE
ON
SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE DOMAINS OF VETERINARY MEDICINE,
LIVESTOCK BREEDS, AND LIVESTOCK FEEDS
Pursuant to Law on organizations of Government
dated December 25, 2001;
Pursuant to Law on handling of administrative
violations dated June 20, 2012;
Pursuant to Law on fisheries dated November 23, 2003;
Pursuant to Ordinance on veterinary medicine
dated April 29, 2004;
Pursuant to Ordinance on livestock breeds dated
March 24, 2004;
Pursuant to the Government's Decree No.
08/2010/ND-CP dated February 05, 2010, on management of livestock feeds;
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The Government promulgates Decree providing for
sanction of administrative violations in the domains of veterinary medicine,
livestock breeds, and livestock feeds,
Chapter 1.
GENERAL PROVISIONS
Article 1. Scope of regulation
1. This Decree provides for acts of administrative
violations, the sanctioning forms and levels, remedial measures, competences of
sanction and making minutes on administrative violations in domains of
veterinary medicine, livestock breeds, and livestock feeds (including fishery
breeds, fishery feeds, products for environmental treatment and rehabilitation
in fishery livestock and aquaculture).
2. Acts of administrative violations in the domains
of veterinary medicine, livestock breeds, and livestock feeds specified in this
Decree include:
a) Violations or regulations on disease prevention
and treatment, animal-epidemic combat; quarantine of animals and animal
products; control of slaughtering, preliminarily processing and processing
animal products, veterinary hygiene inspection; management of veterinary drugs,
veterinary-use bio-products, microorganisms and chemicals; products for
environmental treatment and rehabilitation in fishery livestock and
aquaculture; veterinary practice;
b) Violations of regulations on management and
conservation of livestock gene sources; assay of new livestock breeds;
production, trading, export and import of livestock breeds; management of the
quality of livestock breeds;
c) Violations of regulations on production and
process of livestock feeds; trading, use of livestock feeds; export and import
of livestock feeds; assay of livestock feeds.
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a) Violations of regulations on goods banned
trading; trading in smuggled goods; counterfeits; stamp, label, packages of
counterfeits; goods with expired dates, undefined origin shall apply Decree on
sanctioning administrative violations in domains of trading, production, and
sale of counterfeits, the banned goods, and protection for consumers' rights;
b) Violations of regulations on goods’ label;
announcement of the applied standards; announcement of standard conformity;
announcement of technical-regulation conformity shall apply Decree on
sanctioning administrative violations in domain of standards, measurement and
quality of products and goods;
c) Violations of regulations on advertisement shall
apply Decree on sanctioning administrative violations in cultural, sport,
tourism and advertisement activities;
d) Violations of regulations on re-export of
animals, animal products, loading and unloading of goods, transport of animals,
animal products improper with roadmap shall apply Decree on sanctioning
administrative violations and enforcement of decision on sanctioning
administrative violations in the customs area;
dd) Violations of regulations on food safety shall
apply Decree on sanctioning administrative violations in domain on food safety;
e) Violations of regulations on opposing officials
on duty shall apply Decree on sanctioning administrative violations in domain
on security, social order and safety; social vices prevention; fire prevention
and fighting; domestic violence prevention.
Article 2. Objects sanctioned
on administrative violations
This Decree applies to organizations and
individuals committing acts of administrative violations related to the domains
of veterinary medicine, livestock breeds, and livestock feeds.
Article 3. Sanctioning forms,
remedial measures
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2. Depending on the nature and seriousness of their
violations, organizations or individuals committing administrative violations
may also be subject to one or all of the following additional sanctioning forms:
a) Deprivation of the right to use permits or
practice certificates or suspension of operation for a definite term;
b) Confiscation of material evidences and means
used for commission of administrative violations in the domains of veterinary medicine,
livestock breeds, and livestock feeds.
3. Apart from remedial measures specified in points
a, b, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on handling of
administrative violations, individuals and organizations committing
administrative violations may also be subject to one or many of the following
remedies:
a) Forcible transport of animals, animal products
according to guide of competent agencies;
b) Forcible quarantine or re-quarantine for
animals, animal products;
c) Forcible destruction of diseased animals, animal
products carrying dangerous infectious pathogens;
d) Forcible change of use purpose for livestock
breeds; animals, animal products; livestock feeds failing to meet quality
according to standard announced for application or respective technical
regulations;
dd) Forcible veterinary hygiene inspection for
animal products not affixed seal, rolled seal of slaughtering control,
veterinary hygiene stamp;
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g) Forcible execution of veterinary hygiene
processing measures for animals, animal products not ensuring veterinary
hygiene;
h) Forcing livestock facilities to continue
bringing up animals which have used banned substances until conduct inspection
and see that banned substances are not residual on animals, then the facilities
may sell or slaughter;
i) Forcible re-assay for livestock feeds which
executed in contravention with content and order of assay;
k) Forcible re-production of veterinary drugs and
livestock feeds which fail to meet quality according to standard announced for
application or respective technical regulations;
l) Forcible relocation of the livestock,
aquaculture facilities to places under the master plan of competent state
agencies;
m) Forcible withdrawal of papers which are erased,
modified content, use forged papers.
Article 4. Provisions on fine
levels, sanctioning competence applicable to individuals and organizations
1. The maximal fine level in domains of veterinary
medicine, livestock breeds applicable to the infringing individuals shall be
50,000,000 VND, applicable to the infringing organizations shall be 100,000,000
VND.
2. The maximal fine level in domains of livestock
feeds applicable to the infringing individuals shall be 100,000,000 VND,
applicable to the infringing organizations shall be 200,000,000 VND.
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4. The competence to impose fines of titles defined
in Chapter V of this Decree is the competence applied to an administrative
violation of individual. In case of fine, the competence to impose sanctions
for organizations shall be more than twice of the competence to impose
sanctions for individuals.
Chapter 2.
ADMINISTRATIVE
VIOLATIONS, SANCTIONING FORMS, REMEDIAL MEASURES IN DOMAIN OF VETERINARY
MEDICINE
SECTION 1. VIOLATIONS INVOLVING
DISEASE PREVENTION AND TREATMENT, ANIMAL-EPIDEMIC COMBAT
Article 5. Violations involving
disease prevention and treatment for terrestrial animals
1. A caution or fine of between VND 300,000 and
500,000 shall be imposed on domestic animal owners conducting any of the
following violations:
a) Failing to conduct vaccination or other
compulsory disease prevention measures for animals to prevent diseases under
list of diseases which must apply compulsory disease prevention measures;
b) Failing to comply with taking pathological
samples for disease inspection and detection;
c) Failing to comply with compulsory vaccination or
other compulsory disease prevention measures in areas of old epidemic nests,
areas already and currently been threatened by epidemics.
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3. A caution or fine of between VND 500,000 and
1,000,000 for domestic animal owners conducting any of the following
violations:
a) Intentionally using veterinary drugs not stated
in list of veterinary drugs permitted circulating in Vietnam for animal-disease
prevention and treatment;
b) Throwing animal bodies getting infectious
diseases in places improper with regulations.
4. A fine of between VND 1,000,000 and 1,500,000
for one of violations of Intentionally erasing, modifying, falsifying content;
buying, selling, hiring, borrowing certificate of inoculation for cattle and
poultry.
5. A fine of between VND 1,500,000 and 2,000,000
shall be imposed on the concentrated livestock facilities, farms, facilities of
production and trading in cattle and poultry breeds committing any of the
following violations:
a) Failing to comply with taking samples for
periodical test of diseases at facilities of breed production and trading;
b) Failing to isolate animals before joining in
herd for feeding at the concentrated animal livestock facilities;
c) Bringing up newly animals in time provided for
temporary husbandry suspension of the competent agencies;
d) Conducting the concentrated husbandry of cattle
and poultry, the incubation and hatch of poultry eggs or trading in cattle,
poultry at places not compliance with master plan or without permission of
competent agencies.
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7. A fine of between VND 5,000,000 and 7,000,000
for violation of using veterinary drugs stated in list of veterinary drugs
banned use for animal disease prevention and treatment.
8. Remedial measures:
a) Forcible destruction of animal bodies; remedy of
environmental pollution for violations specified in point b Clause 3 of this
Article;
b) Forcible withdrawal of certificate of
inoculation for violation specified in Clause 4 of this Article;
c) Forcible relocation of livestock facilities to
locations in accordance with the master plan for violation specified in point d
Clause 5 of this Article;
d) Forcible destruction of veterinary drugs, breeds
for violations specified in point a Clause 3, Clause 6, and Clause 7 of this
Article.
Article 6. Violations on
epidemic combat for terrestrial animals
1. A fine of between VND 1,000,000 and 1,500,000
shall be imposed on domestic animal owners committing any of the following
violations:
a) Failing to isolate animals which are diseased,
doubted of infecting epidemic diseases in epidemic time;
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c) Failing to conduct hygiene measures,
disinfection for the rearing cages and environment; treating animal bodies and
waste of animals infected epidemic disease at epidemic areas;
d) Failing to observe use of vaccination or other
compulsory epidemic prevention measures in epidemic areas.
2. A fine of between VND 2,000,000 and 3,000,000
for any of the following violations:
a) Taking out epidemic areas of livestock feeds,
livestock tools, waste of animals which is able to spread epidemics;
b) Transport of animal infected epidemic disease
which must be slaughtered or destroyed to places for slaughtering, destruction
in contravention with guide of veterinary agencies;
c) Slaughtering, circulation, purchase and sale of
animals, products of animals which are easy for infecting epidemic disease
already announced in epidemic areas in contravention with guide of veterinary
agencies.
3. A fine of between VND 3,000,000 and 4,000,000
for any of the following violations:
a) Putting animals, animal products which are easy
for infecting epidemic disease already announced from the zone threatened by
epidemic to the buffer zone or safe zone without certificate of quarantine.
b) Transporting across animal epidemic areas in
which are easy for infecting epidemic disease already announced at such areas
without permission of the provincial People's Committees where have epidemics;
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d) Failing to conduct disinfection for means of
transporting animal, animal products, wastes of animals, livestock feeds, other
instruments related to animals after crossing epidemic areas;
dd) Using means to transport animals subject to
compulsory slaughtering which are fail to satisfy conditions of veterinary
hygiene;
e) Slaughtering, processing animals, animal bodies
which are diseased, doubted to be diseased, animal products carrying infectious
pathogens under list of diseases subject to epidemic announcement, in
contravention with guide of veterinary agencies.
4. A fine of between VND 5,000,000 and 6,000,000
for any of the following violations:
a) Transporting, trading in animals, animal
products infected diseases in areas threatened by epidemic, buffer zones;
b) Transporting the diseased animals, animal
products carrying infectious pathogens stated in List of diseases subject to
epidemic announcement, out the epidemic areas already been announced or out the
areas in which circulation has been compulsory limited;
c) Breeding or taking animals got dangerous
infectious diseases out for sale while competent veterinary agencies have
requested for compulsory slaughtering or destruction.
5. Remedial measures:
Forcible destruction of animals, animal products,
livestock feeds, animal wastes for violations specified in point a and point c
Clause 2, point a and point c Clause 3, Clause 4 of this Article.
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1. A caution or a fine of between VND 300,000 and
500,000 for violation of failing to conduct disease prevention for aquatic
animals.
2. A caution or fine of between VND 400,000 and
600,000 shall be imposed on livestock facility owners committing any of the
following violations:
a) Failing to comply with taking samples for
inspection, test to diagnose diseases, inspection on veterinary hygiene for
commercial livestock facilities, facilities of aquatic breed production and
trading;
b) Failing to report to local veterinary agencies
upon detecting aquatic animals diseased or died too much without reason.
3. A caution or fine of between VND 500,000 and
1,000,000 shall be imposed on livestock facility owners committing any of the
following violations:
a) Intentionally using veterinary drugs not stated
in list of veterinary drugs permitted circulating in Vietnam for aquatic
animal-disease prevention and treatment;
b) Processing environment upon happening epidemics
in contravention with guide of veterinary agencies.
4. A fine of between VND 5,000,000 and 7,000,000
shall be imposed on livestock facility owners using veterinary drugs stated in
list of veterinary drugs banned use for aquatic animal disease prevention and
treatment.
5. Remedial measures:
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SECTION 2. VIOLATIONS ON
QUARANTINE OF ANIMALS, ANIMAL PRODUCTS, SLAUGHTERING CONTROL, VETERINARY
HYGIENE INSPECTION
Article 8. Violations on
procedures for quarantine of animals and animal products
1. A caution or fine of between VND 300,000 and
500,000 for untruthful quarantine declaration about:
a) Quantity, volume, species of animals and kinds
of animal products;
b) Origin of animals, animal products, use purpose,
address of destination;
c) Result of disease prevention, result of animal
test, animal products.
2. A caution or fine of between VND 500,000 and
700,000 for failing to declare quarantine upon transporting domestically
animals, animal products stated in List of animals and animal products subject
to quarantine.
3. A fine of between VND 1,000,000 and 1,500,000 for
failing to declare quarantine upon conducting export, import, temporary import
for re-export, temporary export for re-import, border-gate transfer, transit in
Vietnam’s territory of animals, animal products stated in List of animals and
animal products subject to quarantine.
Article 9. Violations on
quarantine of terrestrial animals and animal products put into domestic
circulation
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a) Failing to conduct hygiene, disinfection for
place concentrating animals, animal products, means of transport before and
after quarantine;
b) Avoiding quarantine of animals and animal
products at focal quarantine stations on routes.
2. A fine of between VND 1,500,000 and 2,000,000
for any of the following violations:
a) Trading in animals, animal products improperly
with purpose stated in certificate of quarantine;
b) Transporting animals, animal products on
improper route as required upon crossing epidemic areas.
3. A fine of between VND 2,000,000 and 3,000,000
for any of the following violations:
a) Swapping or changing quantity of animals, animal
products which have been issued certificate of quarantine, with animals, animal
products which have not yet been quarantined;
b) Transporting, trading in animals, animal
products improperly with species, kinds, and quantity stated in certificate of
quarantine;
c) Dismantling the seal of means of transporting
animals, animal products or changing code of marking animals during transport.
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5. Remedial measures:
a) Forcible transport of animals, animal products
in accordance with guide of competent state agencies for violations specified
in point b Clause 2 of this Article;
b) Forcible quarantine or re-quarantine for
violations specified in point a and point b Clause 3, Clause 4 of this Article;
c) Forcible destruction of animals, animal products
for violations specified in Clause 4 of this Article in case of through
re-quarantine, detecting diseased animals, animal products carrying dangerous
infectious pathogens under List of diseases subject to epidemic announcement.
Article 10. Violations on
quarantine of aquatic animals and animal products put into domestic circulation
1. A fine of between VND 3,000,000 and 4,000,000
for any of the following violations:
a) Transporting aquatic breeds out facility of
aquatic breed production and trading without certificate of quarantine;
b) Transporting aquatic breeds in exceed of 10% of
quantity or improperly with sizes stated in certificate of quarantine.
2. A fine of between VND 4,000,000 and 5,000,000
for any of the following violations:
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b) Bringing the diseased aquatic animals in areas
announced epidemic out locality without processing under guide of competent
agencies.
3. Remedial measures:
a) Forcible quarantine for aquatic breeds for
violations specified in Clause 1of this Article;
b) Forcible destruction or preliminarily processing
of aquatic animals for violations specified in Clause 2 of this Article.
Article 11. Violations on
quarantine of animals, animal products imported, temporarily imported for
re-export, temporarily exported for re-import, transferred border gate,
transited in Vietnam’s territory
1. A fine of between VND 2,000,000 and 3,000,000
for any of the following violations:
a) Importing animals, animal products by bringing along
person or sending via post office with improper species, kinds, quantity volume
or animal products in fresh and raw or preliminarily-processed form;
b) Failing to notify time of crossing border gate
upon conducting import, temporary import for re-export, temporary export for
re-import, border-gate transfer, or transit in Vietnam’s territory, of animals
and animal products;
c) Failing to declare with animal quarantine
agencies at export border gate for supervision over the re-export of
consignment out Vietnam’s territory.
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3. A fine of between VND 4,000,000 and 5,000,000
for any of the following violations:
a) Conducting import, temporary import for
re-export, temporary export for re-import, border-gate transfer, or transit in
Vietnam’s territory, of animals and animal products, at improper border gates;
b) Conducting import, temporary import for
re-export, temporary export for re-import, border-gate transfer, transit in
Vietnam’s territory, of animals, animal products of which species or kinds are
not proper with those stated in certificate of quarantine;
c) Failing to notify competent veterinary agencies
to monitor isolation for quarantine after animals, animal products are
transport to the isolated locations for quarantine;
d) Bringing the import animals and animal products
subject to monitoring isolation for quarantine to locations improper with the
approved locations or bringing animals, animal products to the isolated places
with an insufficient quantity in comparison with dossier of quarantine;
dd) Putting into use and trading for import animals
and animal products in spite of failing to comply with time limit of monitoring
isolation for quarantine.
4. A fine of between VND 5,000,000 and 6,000,000
for any of the following violations:
a) Letting import animals which are not passed
duration of isolation for quarantine; animals temporarily imported for
re-export, transferred border gates, transited in contact with the breeding
animals in Vietnam’s territory;
b) Failing to comply with measures of veterinary
hygiene processing for animals, animal products which are imported, temporarily
imported for re-export, temporarily exported for re-import, transferred
border-gates, transited in Vietnam’s territory, without assurance of veterinary
hygiene.
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d) Receiving or sending pathological samples not
been packed, preserved, causing risk of spreading pathogens, environmental
pollution.
5. A fine of between VND 10,000,000 and 15,000,000
for throwing animal bodies, wastes, leftovers, garbage, other items related to
goods of import, temporary import for re-export, temporary export for
re-import, border-gate transfer, transit in Vietnam’s territory, at places in
contrary to regulation of veterinary agencies.
6. A fine of between VND 20,000,000 and 30,000,000
for import, temporary import for re-export, temporary export for re-import,
border-gate transfer, transit in Vietnam’s territory of the diseased animals,
animal products carrying the dangerous infectious pathogen, residuals of
hazardous substances, microorganism infection in excess of the allowed
limitations, variety infection not in conformity with the national technical
regulations of veterinary hygiene.
7. A fine of between VND 30,000,000 and 40,000,000
for any of the following violations:
a) Importing animals, animal products without
certificate of quarantine of competent agencies of export countries;
b) Failing to comply with measures of veterinary
hygiene processing according to decision of competent state agencies for
animals, animal products infected pathogens in List of animal dangerous
diseases, or list of diseases subject to epidemic announcement.
8. A fine of between VND 40,000,000 and 50,000,000
for violation of bringing out Vietnam’s territory, of pathological samples and
pathogens to animals without quarantine, or written agreement of competent state
management agencies.
9. Remedial measures:
a) Forcible re-export or destruction of animals,
animal products for violations specified in point b Clause 3 of this Article;
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c) Forcible heat treatment, transfer of use purpose
for raw materials of livestock feeds, for animal products infected
microorganisms in excess of the allowed limitations; forcible veterinary
hygiene processing for animal products suffering variety infection, for
violation specified in Clause 6 of this Article;
d) Forcible re-export or destruction of animals,
animal products, animal bodies, animal wastes for violations specified in point
d Clause 4, point a Clause 7, Clause 8 of this Article.
Article 12. Violations on
using quarantine certificate of animals and animal products
1. A fine of between VND 1,000,000 and 2,000,000
for violations in hiring, borrowing quarantine certificate of animals and
animal products.
2. A fine of between VND 2,000,000 and 3,000,000
for any of the following violations:
a) Intentionally erasing, modifying, falsifying content
stated in quarantine certificate of animals and animal products;
b) Using quarantine certificate of animals and
animal products for many consignments.
3. A fine of between VND 10,000,000 and 15,000,000
for violation in using forged quarantine certificate of animals and animal
products.
4. Remedial measures:
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Article 13. Violations on
slaughtering control of animals, preliminary processing, processing terrestrial
animal products for trading
1. A fine of between VND 2,000,000 and 3,000,000
for any of the following violations:
a) Slaughtering animals at places not be allowed by
competent state agencies;
b) Slaughtering, preliminarily processing,
processing animals, animal products while fail to ensure conditions of
veterinary hygiene about facilities, equipment, tools, use water, participants;
c) Failing to register the slaughtering control
with veterinary agencies.
2. Fine for slaughtering animals, preliminary
processing, and processing animal products under the fine levels as follows:
a) A fine of between VND 3,000,000 and 4,000,000
for violations of failing to conduct hygiene for animals before slaughtering;
failing to conduct hygiene, disinfection at slaughtering, preliminary
processing places, animal cages; failing to treat fillers, wastes during
transport and after each time of receiving animals for slaughtering,
preliminary processing;
b) A fine of between VND 4,000,000 and 5,000,000
for violations of failing to separating animals which are diseased, doubted of
getting diseases, infected diseases, or doubted of diseases infection, for
slaughtering, or failing to comply with request of the slaughtering control officials
involving separate arrangement, marking for products failing to meet standards
of veterinary hygiene;
c) A fine of between VND 5,000,000 and 6,000,000
shall be imposed on violations of intentionally putting water or other
substances into animals before and after slaughtering;
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dd) A fine of between VND 7,000,000 and 8,000,000
shall be imposed on violation of failing to conduct processing for animal or
animal products failing to ensure veterinary hygiene;
e) A fine of between VND 8,000,000 and 9,000,000
shall be imposed on violation of slaughtering animals just been inoculated
vaccine within less than 15 days;
g) A fine of between VND 9,000,000 and 10,000,000
for violations of slaughtering the animals, preliminarily processing,
processing animal products, which are diseased, doubted of getting disease,
infected disease, doubted of disease infection, which are diseases banned
slaughtering, preliminary processing;
h) A fine of between VND 10,000,000 and 15,000,000
for violations of slaughtering the animals, preliminarily processing,
processing animal products, which contain substances banned use in livestock;
3. Additional sanction forms:
Operational suspension of slaughtering facilities
for 01 thru 03 months, for violations specified in point g and point h Clause 2
of this Article;
4. Remedial measures:
a) Forcible destruction of animals, animal products
for violations specified in points d, g and point h Clause 2 of this Article;
b) Forcible veterinary hygiene processing for
animals, animal products, for violations specified in point dd Clause 2 of this
Article;
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Article 14. Violations on
veterinary hygiene in trading in animals and animal products
1. A fine of between 60% and 70% of the infringing
animal product value, but not exceeding VND 50,000,000 for one of the following
violations:
a) Trading in poultry meat, poultry products
without seal of slaughtering control, packages, veterinary hygiene stamps at
supermarkets, stores, single-line markets;
b) Trading in cattle meat, cattle products without
seals of slaughtering control, veterinary hygiene stamps.
2. A fine of between 80% and 90% of the infringing
animal product value, but not exceeding VND 50,000,000 for violation of trading
animal products failing to meet standards of veterinary hygiene.
3. A fine of between VND 1,000,000 and 1,500,000 shall
be imposed on violation of failing to execute regulations on veterinary hygiene
conditions for places of preserving and trading in animals or animal products.
4. A fine of between VND 2,000,000 and 3,000,000
for any of the following violations:
a) Instruments to display, tools to contain animal
products which are fail to satisfy conditions of veterinary hygiene;
b) Trading in cattle meat, or poultry meat which is
pumped water or other substances.
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6. A fine of between VND 10,000,000 and 15,000,000
for any of the following violations:
a) Trading in the diseased animals under list of
diseases subject to epidemic announcement;
b) Trading in products of animals subject to compulsory
slaughtering in fresh and raw form;
c) Trading products of animals carrying dangerous
infectious pathogens.
7. Remedial measures:
a) Forcible veterinary hygiene inspection for
animal products which are not affixed seal, rolled seal of slaughtering control,
veterinary hygiene stamp, for violation specified in Clause 1of this Article;
b) Forcible change of use purpose as livestock
feeds for violations specified in Clause 2, point b Clause 4 of this Article;
c) Forcible destruction of animals, animal products
for violations specified in Clause 5, Clause 6 of this Article.
Article 15. Violations on
veterinary hygiene conditions
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2. A fine of between VND 1,000,000 and 1,500,000
shall be imposed on violation of transporting animals by the means unsatisfying
veterinary hygiene conditions about area of cages, no area of containing
sewage, wastes during transport; transporting fresh and raw animal products by
non-specialized vehicles or vehicles not eligible for preservation during
transport.
3. A fine of between VND 1,500,000 and 2,000,000
shall be imposed on violation of failing to ensure veterinary hygiene
conditions for places of concentration, loading and unloading, collection,
purchase and sale of animal or animal products.
4. A fine of between VND 2,000,000 and 3,000,000
for any of the following violations:
a) Facilities of concentrated animal livestock;
production and trading in animal breeds not eligible for veterinary hygiene;
b) Facilities of testing, assaying, diagnosing
animal diseases; conducting surgery animal fail to be eligible for veterinary
hygiene.
5. A fine of between VND 3,000,000 and 4,000,000
for violations at facilities of concentrated animal livestock; poultry
incubation; animal slaughtering, preliminarily processing, processing, trading
in animal products; producing breeds and breeding commercial aquatic products
at a concentrated area without certificate of eligibility for veterinary
hygiene.
6. A fine of between VND 4,000,000 and 5,000,000
for violations of possessing a certificate of production eligibility but
failing to satisfy veterinary hygiene conditions for facilities of veterinary
drug production.
7. A fine of between VND 6,000,000 and 8,000,000
for violations of veterinary drug production; products of environmental
treatment and rehabilitation in livestock and aquaculture without a certificate
of production eligibility or an eligible inspection minutes.
8. Additional sanction forms:
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SECTION 3. VIOLATIONS ON MANAGEMENT
OF VETERINARY DRUGS; BIO-PRODUCTS, MICROORGANISMS AND CHEMICALS USED IN
VETERINARY; PRODUCTS OF ENVIRONMENTAL TREATMENT AND REHABILITATION IN LIVESTOCK
AND AQUACULTURE; VETERINARY PRACTICING
Article 16. Violations on
production, processing, dividing veterinary drugs, bio-products, microorganisms
and chemicals used in veterinary (hereinafter referred to as veterinary drugs);
products of environmental treatment and rehabilitation in livestock and
aquaculture
1. A fine of between VND 2,000,000 and 3,000,000
for any of the following violations:
a) Having no dossier of production batch;
b) Failing to conduct quality inspection of raw
materials, semi-products, finished products of veterinary drugs; products of environmental
treatment and rehabilitation in livestock and aquaculture during the course of
production;
c) Producing veterinary drugs; products of
environmental treatment and rehabilitation in livestock and aquaculture without
notification to competent state agencies upon changing components, formula,
preparation form, usage route in comparison with the registration dossier;
d) Production facilities have no officials
specialized in quality inspection of veterinary drugs; products of
environmental treatment and rehabilitation in livestock and aquaculture, or
person in charge of technique;
dd) Failing to store sample of veterinary drugs;
products of environmental treatment and rehabilitation in livestock and
aquaculture.
2. A fine of between 70% and 80% of the infringing
product batch value, but not exceeding VND 50,000,000 for violations of
producing each kind of veterinary drug; product of environmental treatment and
rehabilitation in livestock and aquaculture:
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b) Possessing net
weight or
fact volume in excess of allowed limitation in comparison with weight or
volume stated in the label as announced or registered by producers and approved
by competent agencies.
3. A fine of between 80% and 90% of the infringing
product batch value, but not exceeding VND 50,000,000 for violations of
producing each kind of veterinary drug; product of environmental treatment and
rehabilitation in livestock and aquaculture:
a) Failing to satisfy standard, quality is changed
about form such as being curdy, turbid, transformed color, deposited sediments,
bedded, transformed shape;
b) Veterinary vaccines fail to satisfy one of three
standards of sterilization, safety, validity.
4. A fine of between VND 8.000.000 and 10.000.000
for violation of producing each kind of veterinary drug; product of
environmental treatment and rehabilitation in livestock and aquaculture by raw
materials with undefined origin.
5. A fine of between VND 10.000.000 and 15.000.000
for violation of producing each kind of veterinary drug; product of
environmental treatment and rehabilitation in livestock and aquaculture which
are not named in List allowed circulation in Vietnam or without permission of
competent agencies.
6. A fine of between VND 20.000.000 and 30.000.000
for violation of producing each kind of veterinary drug; product of
environmental treatment and rehabilitation in livestock and aquaculture which
contain banned substances in List of substances banned using in Vietnam.
7. A fine of between VND 30.000.000 and 40.000.000
for violation of producing each kind of veterinary drug; product of
environmental treatment and rehabilitation in livestock and aquaculture which
contain microorganisms banned using in Vietnam;
8. Additional sanction forms:
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9. Remedial measures:
a) Forcible recall, re-production of veterinary
drugs, products of environmental treatment and rehabilitation in livestock and
aquaculture, for violations specified in Clause 2 of this Article;
b) Forcible recall, re-production of veterinary
drugs, vaccines, products of environmental treatment and rehabilitation in
livestock and aquaculture, for violations specified in Clause 3, Clause 4,
Clause 5, Clause 6 and Clause 7 of this Article.
Article 17. Violations on trading
in veterinary drugs, raw materials to prepare veterinary drugs, bio-products,
microorganisms and chemicals used in veterinary (hereinafter referred to as
veterinary drugs); products of environmental treatment and rehabilitation in
livestock and aquaculture
1. A fine of between VND 2,000,000 and 3,000,000
for violations of trading in veterinary drugs; raw materials to prepare
veterinary drugs; products of environmental treatment and rehabilitation in
livestock and aquaculture with ineligible location, warehouse, preservation
equipment.
2. A fine of between VND 3,000,000 and 4,000,000
for any of the following violations:
a) Trading in veterinary drugs without certificate
of trading eligibility;
b) Trading in veterinary drugs; products of
environmental treatment and rehabilitation in livestock and aquaculture in
combination with plant protection drugs, drugs for people, foods, and
foodstuffs;
c) Trading in veterinary drugs; products of
environmental treatment and rehabilitation in livestock and aquaculture without
notification to competent state agencies upon changing location;
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a) Containing drug content in excess of the allowed
limitation in comparison with content stated in the label as announced or
registered by producers and approved by competent agencies;
b) Possessing net weight or fact volume in excess
of the allowed limitation in comparison with weight or volume stated in the
label as announced or registered by producers and approved by competent
agencies.
4. A fine of between VND 7.000.000 and 8.000.000 for
any of violations of trading in each kind of veterinary drug; product of
environmental treatment and rehabilitation in livestock and aquaculture:
a) Failing to satisfy standard, quality is changed
about form such as being curdy, turbid, transformed color, deposited sediments,
bedded, transformed shape;
b) Veterinary vaccines fail to satisfy one of three
standards of sterilization, safety, validity.
5. A fine of between VND 8.000.000 and 9.000.000
for violation of trading in each kind of veterinary drug; product of
environmental treatment and rehabilitation in livestock and aquaculture which
is not named in List allowed circulation in Vietnam or without permission of
competent agencies.
6. A fine of between VND 9.000.000 and 10.000.000
for violation of trading in each kind of veterinary drug; product of
environmental treatment and rehabilitation in livestock and aquaculture which
contains the banned active ingredients in List of active ingredients banned
using in Vietnam.
7. Additional sanction forms:
Deprivation of the right to use certificate of
veterinary practice for 01 thru 03 months, for violation specified in Clause 6
of this Article;
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a) Forcible recall, re-production of veterinary
drugs, product of environmental treatment and rehabilitation in livestock and
aquaculture, for violations specified in Clause 3 of this Article;
b) Forcible recall, destruction of veterinary
drugs, vaccines, products of environmental treatment and rehabilitation in
livestock and aquaculture, for violations specified in Clause 4, Clause 5,
Clause 6 of this Article.
Article 18. Violations on
import of veterinary drugs, raw materials to prepare veterinary drugs,
bio-products, microorganisms and chemicals used in veterinary (hereinafter
referred to as veterinary drugs); products of environmental treatment and
rehabilitation in livestock and aquaculture
1. A fine of between VND 4,000,000 and 5,000,000
for any of the following violations:
a) Import of veterinary drugs without certificate
of circulation in Vietnam; raw materials to prepare veterinary drugs without
permission of competent agencies or import of products of environmental
treatment and rehabilitation in livestock and aquaculture which are not named
in List allowed circulation in Vietnam or without written acceptance of
competent agencies;
b) Import of raw materials to prepare veterinary
drugs which are not proper with kinds already approved by competent agencies.
2. A fine of between VND 5,000,000 and 6,000,000
for violations of failing to comply with quality inspection of veterinary
drugs; raw materials to prepare veterinary drugs; products of environmental
treatment and rehabilitation in livestock and aquaculture, of competent state
agencies.
3. A fine of between 80% and 90% of the product
batch value but not exceeding VND 50,000,000 for violations of importing
veterinary drugs; raw materials to prepare veterinary drugs; products of
environmental treatment and rehabilitation in livestock and aquaculture, which
do not satisfy quality standard.
4. Remedial measures:
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b) Forcible recall, destruction of veterinary
drugs, raw materials to prepare veterinary drugs; products of environmental
treatment and rehabilitation in livestock and aquaculture, for violations
specified in Clause 1, Clause 3 of this Article in case it is not able to
re-export.
Article 19. Violations of
license, certificate, report of testing in domain of veterinary; products
of environmental treatment and rehabilitation in livestock and aquaculture
1. A fine of between VND 3.000.000 and 4.000.000
for violations of hiring, borrowing one of the following papers for production,
trading, assay, testing:
a) Licenses for testing or assay of veterinary
drugs; products of environmental treatment and rehabilitation in livestock and
aquaculture;
b) Certificates of veterinary drug circulation;
certificates of circulating products of environmental treatment and
rehabilitation in livestock and aquaculture;
c) Licenses for import of veterinary drugs; raw
materials to prepare veterinary drugs; products of environmental treatment and
rehabilitation in livestock and aquaculture, of competent state agencies;
d) Report of quality test of competent state
agencies.
2. A fine of between VND 4,000,000 and 5,000,000
for violation of intentionally erasing, modifying, falsifying content inscribed
in one of the following papers:
a) Licenses for testing or assay of veterinary
drugs; products of environmental treatment and rehabilitation in livestock and
aquaculture;
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c) Licenses for import of veterinary drugs; raw
materials to prepare veterinary drugs; products of environmental treatment and
rehabilitation in livestock and aquaculture, of competent state agencies;
d) Report of quality test of competent state
agencies.
3. A fine of between VND 10,000,000 and 15,000,000 for
violation of using forged papers specified in Clause 1of this Article.
4. Remedial measures:
Forcible withdrawal of papers for violation
specified in Clause 2, Clause 3 of this Article.
Article 20. Violations on
veterinary practice
1. A caution or fine of between VND 300,000 and
500,000 for any of violations involving practice of inoculation, diagnosis,
surgery for animals, giving prescription, providing medical treatment and
health care for animals, veterinary advisory services (hereinafter collectively
referred to as the veterinary service practice):
a) Practicing improperly with trades, professional
scope stated in certificate of practice;
b) Failing to comply with the regime of periodical
or irregular report upon happening epidemics at the request of veterinary
agencies;
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d) Having insufficient instruments for the practice,
or instruments not ensuring veterinary hygiene.
2. A fine of between VND 500,000 and 1,000,000 for
violations in hiring, borrowing the certificates for veterinary service
practice.
3. A fine of between VND 1,000,000 and 1,500,000
for any of the following violations involving the veterinary service practice:
a) Using veterinary drugs not stated in list of
veterinary drugs permitted circulating in Vietnam during practicing;
b) Using raw materials to prepare veterinary drugs
for animal-disease prevention and treatment in contravention with regulations
during practicing.
4. A fine of between VND 1,500,000 and 2,000,000
for any of the following violations involving the veterinary service practice:
a) Treating for the diseased animals under list of
diseases banned treating or infectious diseased animals which must be
destroyed, compulsorily slaughtered in accordance with regulations;
b) Treating for animals in epidemic zones or places
having infectious diseased animals without compliance with guides of veterinary
agencies;
c) Using veterinary drugs, raw materials to prepare
veterinary drugs which are banned using during practicing.
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6. A fine of between VND 3,000,000 and 4,000,000
for violations of erasing, modifying content of the practice certificates.
7. A fine of between VND 4.000.000 and 5.000.000
for violations of practicing production, trading, testing, assay, export,
import of veterinary drugs as follows:
a) Practicing improperly with trades, professional
scope stated in the practice certificate;
b) Practicing improperly with location stated in
the practice certificate;
8. A fine of between VND 3,000,000 and 4,000,000
for violation of practice persons specified in Clause 1of this Article; a fine
of between VND 4,000,000 and 5,000,000 for violations of practice persons
specified in Clause 7 of this Article upon not possessing the practice
certificate.
9. A fine of between VND 10,000,000 and 15,000,000
for violations in using the forged practice certificates for practicing.
10. Remedial measures:
a) Forcible withdrawal of the practice certificates
for violations specified in Clause 6, Clause 9 of this Article.
b) Forcible destruction of veterinary drugs, raw
materials to prepare veterinary drugs for violations specified in point a
Clause 3, point c Clause 4 of this Article;
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Chapter 3.
ADMINISTRATIVE
VIOLATIONS, SANCTIONING FORMS, REMEDIAL MEASURES IN DOMAIN OF LIVESTOCK BREEDS
Article 21. Violations on
management and conservation of livestock gene sources in conservation zones
1. A fine of between VND 10.000,000 and 15,000,000
for violation of exploiting and using livestock gene sources in conservation
zones in excess of the allowed limitation of the competent state agencies.
2. A fine of between VND 20.000,000 and 25,000,000
for violation of exploiting or using livestock gene sources in conservation
zones without permission of the competent state agencies.
3. A fine of between VND 25,000,000 and 30,000,000
for violation of destroying livestock gene sources in conservation zones.
4. Additional sanction forms:
Confiscation of material evidences and means for
violations specified in Clause 1, Clause 2 and Clause 3 of this Article.
Article 22. Violations on
exploitation and conservation of precious and rare livestock gene
sources in conservation zones
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2. A fine of between VND 5.000,000 and 7,000,000
for violation of any term in the national technical regulations on exploiting
or using precious and rare livestock gene sources.
4. A fine of between VND 10,000,000 and 15,000,000
for violation of destroying precious and rare livestock gene sources.
4. Additional sanction forms:
Confiscation of material evidences for violations
specified in Clause 1, Clause 2 and Clause 3 of this Article.
Article 23. Violations on
international exchange involving the precious and rare livestock gene sources
1. A fine of between VND 20.000,000 and 30,000,000
for violation of international exchange involving the precious and rare
livestock gene sources inconsistently with the permission content of the
competent state agencies.
2. A fine of between VND 40.000,000 and 50,000,000
for violation of international exchange involving the precious and rare
livestock gene sources without permission of the competent state agencies.
3. Additional sanction forms:
Confiscation of material evidences for violations
specified in Clause 1 and Clause 2 of this Article.
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1. A fine of between VND 3,000,000 and 5,000,000
for violations of conducting assays, testing although there are not sufficient
conditions of technical and material facilities or technical officials.
2. A fine of between VND 10.000,000 and 15,000,000
for violation of assaying, testing in contravention with the process, content
or scheme already approved by the competent state agencies.
3. A fine of between VND 30,000,000 and 40,000,000
for violations of announcing untruthful result of assay, testing.
4. Additional sanction forms:
Operational suspension of assay, testing facilities
for 01 thru 03 months, for violations specified in Clause 3 of this Article.
5. Remedial measures:
Forcible correction of the assay, testing results
for violations specified in Clause 3 of this Article.
Article 25. Violations on
livestock breed production and trading
1. A fine of between VND 1,000,000 and 3,000,000 for
violations of producing and trading in livestock breeds without assurance of
one of conditions of material facilities and technical equipment in accordance
with regulations.
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3. A fine of between VND 5,000,000 and 10,000,000
for violations of producing and trading in purebred, prototypal, parental or
nucleus breeds without technical officials.
4. A fine of between VND 30,000,000 and 40,000,000
for violations of producing and trading in livestock breeds without recognition
of assay result.
5. A fine of between VND 40.000.000 and 50.000.000
for violation of producing or trading in livestock breeds which are not named
in List of livestock breeds allowed producing and trading or without permission
of competent state agencies.
6. Additional sanction forms:
Operational suspension of production and trading
for 01 thru 03 months, for violations specified in Clause 3 and Clause 5 of
this Article.
7. Remedial measures:
Forcible livestock breed destruction or
slaughtering for violations specified in Clause 5 of this Article.
Article 26. Violations on
production and/or trading of sperms, embryos, breeding eggs and larva
1. A fine of between VND 2,000,000 and 3,000,000
for violations of production and/or trading of sperms, embryos, breeding eggs
and larva without the monitoring-breed books.
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3. A fine of between VND 6,000,000 and 8,000,000
for violations of producing and trading in sperms, embryos, breeding eggs and
larva without assurance of one of conditions of material facilities and
technical equipment in accordance with regulations.
4. A fine of between VND 10,000,000 and 15,000,000
for any of the following violations:
a) Producing sperms from cattle or poultry breeds
which have not yet gone through individual productivity inspection;
b) Exploiting breeding eggs and larva not from
purebred, prototypal, nucleus or grant-parental, parental breed stocks, except
for case of exploitation in natural environment.
5. Remedial measures:
Forcible destruction of sperms, breeding eggs and
larva for violations specified in Clause 4 of this Article.
Article 27. Violations on
import of livestock breeds
1. A fine of between VND 10,000,000 and 15,000,000
for violation of importing livestock breeds inconsistently with the breed
ranks, breed kinds as announced.
2. A fine of between VND 40.000.000 and 50.000.000
for violation of importing livestock breeds which are not named in List of
livestock breeds allowed producing and trading in Vietnam or without permission
of competent state agencies.
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Forcible re-export or slaughtering, preliminary
process, process or destruction of livestock breeds, aquatic breeds, for
violations specified in Clause a, Clause 2 of this Article.
Article 28. Violations on
livestock breed quality in trading
1. A fine of between VND 3,000,000 and 5,000,000
for violation of each economic and technical norm which is lower than the
announced standard for goods batch with value of less than VND 50,000,000.
2. A fine of between VND 5,000,000 and 10,000,000
for violation of each economic and technical norm which is lower than the
announced standard for goods batch with value of VND 50,000,000 or more.
3. Remedial measures:
Forcing to change purpose, not using as breed for
violations specified in Clause 1, Clause 2 of this Article.
Article 29. Other violations
in domain of aquatic breed production and trading
1. A fine of between VND 3,000,000 and 4,000,000
for each following violation:
a) Conducting aquatic breed nursery without
technical officials or with technical officials having no certificate of
training in suitable qualification;
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2. A fine of between VND 5,000,000 and 6,000,000
for each following violation:
a) Violation of regulations on number of
reproduction or use time or the allowed time to put into reproduction of the
key parental aquatic breeds;
b) Failing to inspection of disease test before
letting reproduction for the key parental aquatic breeds.
3. A fine of between VND 10,000,000 and 15,000,000
for each following violation:
a) Letting reproduction of parental aquatic breeds
or production of and trading in parental aquatic breeds without technical
officials possessing suitable professional diplomas or certificate;
b) Failing to conduct the quality inspection of
import aquatic breeds.
4. A fine of between VND 30,000,000 and 40,000,000
for each following violation:
a) Location of aquatic breed production and trading
is not sited in the planning zone of locality or without permission of
competent state agencies;
b) Using the parental aquatic breed stocks which
fail to ensure quality.
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a) Forcible destruction or change of use purpose,
not using as breeds for violations specified in point b Clause 4 of this
Article;
b) Forcible relocation of aquatic breed production
facilities for violations specified in point a Clause 4 of this Article to the
prescribed locations.
Article 30. Violations on
certificate, written permission, license involving livestock breeds
1. A fine of between VND 1,000,000 and 3,000,000
for any of the following violations:
a) Letting others use one's own professional
certificate involving livestock breed;
b) Hiring, borrowing, using others' professional
certificate involving livestock breed;
2. A fine of between VND 3,000,000 and 4,000,000
for violation of intentionally erasing, modifying, falsifying content of the
following papers:
a) Professional certificate involving livestock
breed;
b) License for export, import of livestock breeds;
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3. A fine of between VND 10,000,000 and 15,000,000
for violation of forging papers, dossiers to apply for papers specified in
Clause 2 of this Article but not serious to the extent of being examined for
criminal liability.
4. Remedial measures:
Forcible withdrawal of licenses, professional
certificates for violations specified in Clause 2, Clause 3 of this Article.
Article 31. Violations of
regulations on bio-safety in livestock
1. A fine of between VND 500,000 and 1,000,000
shall be imposed on farming livestock facilities committing any of the
following violations:
a) Animal stables built inconsistently with
technical requirement influencing to veterinary and environmental hygiene in
livestock;
b) Infringing regulations on the livestock process
influencing to food safety;
c) Failing to register, declare the livestock contents
for domestic animals subject to registration and declaration.
2. Remedial measures:
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Chapter 4.
ADMINISTRATIVE
VIOLATIONS, SANCTIONING FORMS, REMEDIAL MEASURES IN DOMAIN OF LIVESTOCK FEEDS
Article 32. Violations on
conditions for production and processing of livestock feeds
1. A fine of between VND 5,000,000 and 10,000,000
for violations of producing and processing livestock feeds without technical
officials.
2. A fine of between VND 10,000,000 and 15,000,000
for any of the following violations:
a) Failing to have waste treatment system to ensure
requirement on environmental hygiene;
b) Failing to have sufficient equipment to ensure
requirements for facilities of livestock feed production and processing
prescribed in the respective technical regulations;
c) Factories fail to ensure requirements for
facilities of livestock feed production and processing prescribed in the respective
technical regulations.
3. A fine of between VND 15,000,000 and 20,000,000
for violations of having no analysis and testing room for livestock feed
quality or having no contract of hiring analysis and testing at other analysis
room.
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a) Operational suspension for 01 thru 03 months,
for case of repeating violations specified in point a Clause 2 of this Article.
b) Operational suspension for 01 thru 03 months,
for violations specified in Clause 3 of this Article.
Article 33. Violations on
production and processing of livestock feeds
1. A fine of between VND 5,000,000 and 7,000,000
for each following violation:
a) Failing to save assay result in accordance with
regulation;
b) Failing to save product sample in accordance with
regulation;
2. A fine of between VND 10,000,000 and 15,000,000
for violations of producing and processing feeds which use each kind of expired
raw materials.
3. A fine of between VND 15.000.000 and 20.000.000
for violation of producing, processing each livestock feed product which is not
named in List of livestock feeds allowed circulating in Vietnam or without
written permission of competent state agencies.
4. A fine of between 10% and 15% of the infringing
goods batch value, but not exceeding VND 100,000,000 for one of the following
violations of producing and processing livestock feed products:
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c) Containing quantitative content of each
substance causing safety loss prescribed in the national technical regulations
in excess of between 5% and less than 10%.
5. A fine of between 15% and 20% of the infringing
goods batch value, but not exceeding VND 100,000,000 for one of the following
violations of producing and processing livestock feed products:
a) Containing quantitative content of each main
substance just obtaining level of between 80% and less than 90% in comparison
with the standard already announced or stated in goods label;
c) Containing quantitative content of each
substance causing safety loss prescribed in the national technical regulations
in excess of between 10% and less than 20%.
6. A fine of between 20% and 30% of the infringing
goods batch value, but not exceeding VND 100,000,000 for one of the following
violations of producing and processing livestock feed products:
a) Containing quantitative content of each main
substance just obtaining level of between 70% and less than 80% in comparison
with the standard already announced or stated in goods label;
b) Containing quantitative content of each
substance causing safety loss prescribed in the national technical regulations
in excess of 20% or more.
7. A fine of between VND 40.000.000 and 50.000.000
shall be imposed on facilities committed violation and continuing the
production and processing of livestock feeds during time of suspension of
livestock feed production and processing as prescribed by competent state
agencies.
8. Remedial measures:
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b) Forcible recall, destruction of all livestock
feeds for violations specified in Clause 3 of this Article;
c) Forcible re-production of all products to ensure
quality standards as already announced or the national technical regulations
(if any) for violations specified in Clause 6 of this Article; in case it is
not able to re-product, change of use purpose or forcible destruction.
Article 34. Violations on
conditions for trading in livestock feeds
1. A fine of between VND 500,000 and 1,000,000 for
any of the following violations:
a) Having no store or trading head office;
b) Store, head office having no trading signboard;
c) Changing trading address without notification
with competent state agencies.
2. A fine of between VND 2,000,000 and 3,000,000
for any of the following violations:
a) Failing to have instruments, equipment, means to
contain, store or transport of livestock feeds in accordance with regulations
for each product kind;
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3. A fine of between VND 3,000,000 and 5,000,000
for violations of arranging livestock feeds jointly with plant protection
drugs, fertilizers or other hazardous chemicals.
Article 35. Violations on
trading in livestock feeds
1. A fine of between VND 5,000,000 and 10,000,000
for violations of trading in each expired livestock feed product.
2. A fine of between VND 10.000.000 and 15.000.000
for violation of trading in each livestock feed product which is not named in
List of livestock feeds allowed circulating in Vietnam.
3. A fine of between 10% and 15% of the infringing
goods batch value, but not exceeding VND 100,000,000 for one of violations of
trading in livestock feed products:
a) Containing quantitative content of each main
substance just obtaining level of between 90% and less than 95% in comparison
with the standard already announced or stated in goods label;
b) Containing quantitative content of each
substance causing safety loss prescribed in the national technical regulations
in excess of between 5% and less than 10%.
4. A fine of between 15% and 20% of the infringing
goods batch value, but not exceeding VND 100,000,000 for one of violations of
trading in livestock feed products:
a) Containing quantitative content of each main
substance just obtaining level of between 80% and less than 90% in comparison
with the standard already announced or stated in goods label;
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5. A fine of between 20% and 25% of the infringing
goods batch value, but not exceeding VND 100,000,000 for one of violations of
trading in livestock feed products:
a) Containing quantitative content of each main
substance just obtaining level of between 70% and less than 80% in comparison
with the standard already announced or stated in goods label;
b) Containing quantitative content of each
substance causing safety loss prescribed in the respective national technical
regulations in excess of 20% or more.
6. Remedial measures:
a) Forcible change of use purpose of all livestock
feeds for violations specified in Clause 1 and Clause 2 of this Article; in case
it is not able to change use purpose, forcible destruction;
b) Forcible re-production of all products to ensure
quality standards as already announced or the national technical regulations
(if any) for violations specified in Clause 5 of this Article; in case it is
not able to re-product, change of use purpose or forcible destruction.
Article 36. Violations on
using banned substances in livestock and production, processing of, trading in
livestock feeds
1. A fine for the following violations:
a) A fine of between VND 5,000,000 and 10,000,000
for using the banned substances in livestock of peasant households;
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c) A fine of between VND 7,000,000 and 100,000,000
for using the banned substances in livestock feed production, processing and
trading.
2. Additional sanction forms:
Operational suspension of the livestock feed
production, processing and trading for 01 thru 03 months, for violations
specified in point c Clause 1 of this Article.
3. Remedial measures:
a) Forcing the livestock facility to continue
rearing domestic animals used the banned substances until they are tested to
not have residuals of the banned substance , after that they are allowed selling
or slaughtering for violations specified in point a and point b Clause 1 of
this Article; forcible destruction of domestic animals in case of repeating
violations.
b) Forcing the infringing facility to destroy all
the banned substances, livestock feeds with the banned substances for
violations specified in Clause 1 of this Article.
Article 37. Violations on
import of livestock feeds
1. A fine of between VND 15,000,000 and 20,000,000
for any of violations of importing livestock feeds:
a) Containing quantitative content of each quality
norm just obtaining level of between 90% and less than 95% in comparison with
the standard already announced or stated in goods label;
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2. A fine of between VND 20,000,000 and 30,000,000
for any of violations of importing livestock feeds:
a) Containing quantitative content of each quality
norm just obtaining level of between 80% and less than 90% in comparison with
the standard already announced or stated in goods label;
b) Containing quantitative content of each
substance causing safety loss prescribed in the national technical regulations
or in the announced standards in excess of between 10% and less than 20%.
3. A fine of between VND 30,000,000 and 40,000,000
for any of violations of importing livestock feeds:
a) Containing quantitative content of each quality
norm just obtaining level of between 70% and less than 80% in comparison with
the standard already announced or stated in goods label;
b) Containing quantitative content of each
substance causing safety loss prescribed in the national technical regulations
or in the announced standards in excess of between 5% and less than 10%.
4. A fine of between VND 40.000.000 and 50.000.000
for violation of importing each livestock feed product which is not named in
List of livestock feeds allowed circulating in Vietnam or without written
permission of competent state agencies.
5. A fine of between VND 70.000.000 and 100.000.000
for violation of importing each livestock feed product which contains the
banned substances in List of livestock feeds banned production and circulation
in Vietnam.
6. Remedial measures:
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b) Forcible re-production of all import livestock
feeds so as to ensure quality standards as already announced or the national
technical regulations (if any) for violations specified in point a Clause 3 of
this Article; in case it is not able to re-product, forcible re-export or
destruction.
b) Forcible re-export or destruction of all import
livestock feeds for violations specified in point b Clause 3 and Clause 4 of
this Article;
d) Forcible re-export of all import livestock feeds
for violations specified in Clause 5 of this Article.
Article 38. Violations on
assay of livestock feeds
1. A fine for any of violations of livestock feed
assay according to the following fine levels:
a) A fine of between VND 3,000,000 and 5,000,000
shall be imposed on assay facilities which not ensure veterinary hygiene,
environmental hygiene;
b) A fine of between VND 5,000,000 and 10,000,000
shall be imposed on assay facilities which have no technical officials;
c) A fine of between VND 10,000,000 and 15,000,000
shall be imposed on assay facilities which have insufficient material
facilities, equipment in conformity with assay of each livestock feed kind as
registered.
2. A fine of between VND 15.000,000 and 20,000,000
shall be imposed on assay facilities which fail to comply with process, content
or scheme already approved by the competent state agencies.
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4. Remedial measures:
a) Forcing to re-assay the livestock feeds and pay
all cost of assay for violations specified in Clause 2 of this Article.
b) Forcible correction of the assay results for
violations specified in Clause 3 of this Article.
Chapter 5.
COMPETENCE TO MAKE
MINUTES AND HANDLING OF ADMINISTRATIVE VIOLATIONS
Article 39. Competence to make
minutes of administrative violations
1. Persons competent to sanction administrative
violations specified in Articles 40, 41, 42, 43 of this Decree.
2. Animal quarantine, heads of stations, deputies
of district-level veterinary stations, civil servants, public employees of
veterinary, livestock, aquatic product, agricultural, forest and fishery
quality management sectors, on their duties, upon detecting in domains of
veterinary, livestock breeds, livestock feeds, have rights to make minutes of
administrative violations for violations under their assigned missions and
takes responsibility for making minutes.
Article 40. Competence of
chairpersons of People’s Committees
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a) To impose a caution;
b) To fine up to VND 5,000,000 in domains of
veterinary, livestock breeds, and livestock feeds;
c) Confiscation of material evidences, means used
for committing administrative violations with value not exceeding the fine
level prescribed in point b Clause 1 of this Article;
d) Application of remedial measures specified in
points a, b, c and dd Clause 1 Article 28 of the Law on handling of
administrative violations.
2. The chairpersons of district-level People’s
Committees have rights:
a) To impose a caution;
b) To fine up to VND 25,000,000 in domains of veterinary,
livestock breeds; fine up to VND 50,000,000 in domain of livestock feeds;
c) To deprive the right to use licenses, practice
certificate with a defined term or suspend operation with a defined term;
d) To confiscate material evidences, means used for
committing administrative violations with value not exceeding the fine level
prescribed in point b Clause 2 of this Article;
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3. The chairpersons of provincial People’s
Committees have rights:
a) To impose a caution;
b) To fine up to VND 50,000,000 in domains of veterinary,
livestock breeds; fine up to VND 100,000,000 in domain of livestock feeds;
c) To deprive the right to use licenses, practice
certificate with a defined term or suspend operation with a defined term;
d) To confiscate material evidences, means used for
committing administrative violations;
dd) To apply remedial measures specified in points
a, b, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on handling of
administrative violations and remedial measures specified in Clause 3 Article 3
of this Decree.
Article 41. Competence of
inspectorate
1. Inspectors, persons assigned execution of tasks
of specialized inspection on veterinary, livestock, aquatic product,
agricultural, forest and fishery quality management, on their duties, have
rights:
a) To impose a caution;
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c) To confiscate material evidences, means used for
committing administrative violations with value not exceeding the fine level
prescribed in point b Clause 1 of this Article;
d) To apply remedial measures specified in points
a, c and dd Clause 1 Article 28 of the Law on handling of administrative
violations.
2. The Chief Inspector or provincial Departments of
Agriculture and Rural Development, directors of Sub-departments of veterinary,
aquatic products, agricultural, forest and fishery quality management; heads of
specialized inspectorate teams of the provincial Departments of Agriculture and
Rural Development have rights:
a) To impose a caution;
b) To fine up to VND 25,000,000 in domains of
veterinary, livestock breeds; fine up to VND 50,000,000 in domain of livestock
feeds;
c) To deprive the right to use licenses, practice
certificate with a defined term or suspend operation with a defined term;
d) To confiscate material evidences, means used for
committing administrative violations with value not exceeding the fine level
prescribed in point b Clause 2 of this Article;
dd) To apply remedial measures specified in points
a, b, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on handling of
administrative violations and remedial measures specified in Clause 3 Article 3
of this Decree.
3. Heads of the specialized inspectorate teams of
the Ministry of Agriculture and Rural Development have rights:
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b) To fine up to VND 35,000,000 in domains of
veterinary, livestock breeds; fine up to VND 70,000,000 in domain of livestock
feeds;
c) To deprive the right to use licenses, practice
certificates with a defined term or suspend operation with a defined term;
d) To confiscate material evidences, means used for
committing administrative violations with value not exceeding the fine level
prescribed in point b Clause 3 of this Article;
dd) To apply remedial measures specified in points
a, b, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on handling of
administrative violations and remedial measures specified in Clause 3 Article 3
of this Decree.
4. The Chief Inspector of the Ministry of
Agriculture and Rural Development, general director of the Directorate of
Fisheries, director of Veterinary Department, director of Livestock Department,
Director of National Agro-Forestry-Fisheries Quality Assurance Department have
rights:
a) To impose a caution;
b) To fine up to VND 50,000,000 in domains of
veterinary, livestock breeds; fine up to VND 100,000,000 in domain of livestock
feeds;
c) To deprive the right to use licenses, practice
certificates with a defined term or suspend operation with a defined term;
d) To confiscate material evidences, means used for
committing administrative violations;
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Article 42. Competence of People’s
Public Security agencies
1. Soldiers of People’s Public Security on duty
have rights:
a) To impose a caution;
b) To fine up to VND 5,000,000 in domains of
veterinary, livestock breeds, and livestock feeds.
2. Chiefs of stations, teams or persons specified
in Clause 1 of this Article have rights:
a) To impose a caution;
b) To fine up to VND 1,500,000 in domains of
veterinary, livestock breeds, and livestock feeds.
3. Chiefs of commune-level police office have
rights:
a) To impose a caution;
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c) To confiscate material evidences, means used for
committing administrative violations with value not exceeding the fine level
prescribed in point b Clause 3 of this Article;
d) To apply remedial measures specified in points
a, c and dd Clause 1 Article 28 of the Law on handling of administrative
violations.
4. Chiefs of district-level Public Security office;
chiefs of professional divisions under the Traffic Police Department for
roadway, railway, chiefs of professional divisions under Waterway Police
Department; chiefs of the provincial divisions of public security including
chief of police division for Investigating Crimes on Economic and Position
Management Order, chief of waterway police division, chief of police division
for prevention and combat of environment crimes have rights:
a) To impose a caution;
b) To fine up to VND 10,000,000 in domains of
veterinary, livestock breeds; fine up to VND 20,000,000 in domain of livestock
feeds;
c) To deprive the right to use licenses, practice
certificates with a defined term or suspend operation with a defined term;
d) To confiscate material evidences, means used for
committing administrative violations with value not exceeding the fine level
prescribed in point b Clause 4 of this Article;
dd) To apply remedial measures specified in points
a, c and dd Clause 1 Article 28 of the Law on handling of administrative
violations and other remedial measures specified in Clause 3 Article 3 of this
Decree.
5. Directors of the provincial Public Security
Offices have rights:
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b) To fine up to VND 25,000,000 in domains of
veterinary, livestock breeds; fine up to VND 50,000,000 in domain of livestock
feeds;
c) To deprive the right to use licenses, practice
certificates with a defined term or suspend operation with a defined term;
d) To confiscate material evidences, means used for
committing administrative violations with value not exceeding the fine level
prescribed in point b Clause 5 of this Article;
dd) To apply remedial measures specified in points
a, c, dd and i Clause 1 Article 28 of the Law on handling of administrative
violations and other remedial measures specified in Clause 3 Article 3 of this
Decree.
6. Director of Police Department for Investigating
Crimes on Economic and Position Management Order, Director of Traffic Police
Department for road and railway, Director of Waterway Police Department,
Director of Police Department for prevention and combat of environment crimes
have rights:
a) To impose a caution;
b) To fine up to VND 50,000,000 in domains of
veterinary, livestock breeds; fine up to VND 100,000,000 in domain of livestock
feeds;
c) To deprive the right to use licenses, practice
certificates with a defined term or suspend operation with a defined term;
d) To confiscate material evidences, means used for
committing administrative violations;
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Article 43. Competence of
other agencies in sanctioning administrative violations
1. Persons competent to sanction of customs
agencies have competence to sanction administratively and apply remedial
measures for administrative violations specified in this Decree and related to
export, import of animals, animal products, veterinary drugs, livestock breeds,
livestock feeds under their management fields, sectors as prescribed in Article
42 and Article 52 of Law on handling of administrative violations.
2. Persons competent to sanction of market
management agencies have competence to inspect, make minutes on administrative
violations, sanction administratively and apply remedial measures for
administrative violations specified in this Decree under their management
fields, sectors as prescribed in Article 45 and Article 52 of Law on handling
of administrative violations.
3. Persons competent to sanction of other
specialized inspectorate agencies have the right to inspect, make minutes on
administrative violations, sanction administratively and apply remedial
measures for administrative violations specified in this Decree under their
management fields, sectors as prescribed in Article 46 and Article 52 of Law on
handling of administrative violations.
Chapter 6.
PROVISIONS OF
IMPLEMENTATION
Article 44. Effect
1. This Decree takes effect from November 25, 2013.
2. This Decree replaces the following Decrees:
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b) The Government’s Decree No. 47/2005/ND-CP dated
April 08, 2005, on sanctioning administrative violations in the domain of
livestock breeds;
c) The Government’s Decree No. 40/2009/ND-CP dated
April 24, 2009, on sanctioning administrative violations in the domain of
veterinary.
Article 45. Transitional
provisions
For administrative violations in domains of
veterinary, livestock breeds, livestock feeds which happened before the
effective day of this Decree and are detected after that or are being
considered, settled, provisions beneficial for the infringing organizations and
individuals are applied.
Article 46. Responsibility for
implementation
1. The Minister of Agriculture and Rural
Development shall guide in details, organize implementation of this Decree.
2. Ministers, Heads of ministerial-level agencies,
Heads of Governmental agencies, chairpersons of People's Committee of
provinces, central-affiliated cities shall implement this Decree.
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ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung