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GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 41/2017/ND-CP
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Hanoi, April 05, 2017
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DECREE
AMENDMENT AND SUPPLEMENTATION TO A NUMBER OF ARTICLES OF THE
DECREE ON ADMINISTRATIVE PENATILES FOR VIOLATIONS IN FIELDS OF AQUACULTURE,
VETERINARY , ANIMAL BREEDS, ANIMAL FEED; FOREST MANAGEMENT, DEVELOPMENT AND
PROTECTION, AND FORESTRY PRODUCT MANAGMENT
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
Fishery dated November 26, 2003;
Pursuant to the Law on
Forest Protection and Development dated December 03, 2004;
Pursuant to the Law on
Veterinary dated June 6, 2015;
Pursuant to the
Ordinance on Livestock breeds dated March 24, 2004;
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Upon request of the
Minister of Agriculture and Rural development;
The Government hereby
issues this Decree on amendment and supplementation to a number of articles of
the decree on administrative penalties in aquaculture, veterinary , animal
breeds, animal feeds; forest management, development and protection, and
forestry management.
Article
1.Amendment and supplement to a number of the Government’s Decree
No.103/2013/ND-CP on actions against violations in the aquaculture industry
(hereinafter referred to as “Decree No.103/2013/ND-CP):
1. Point a clause 2 Article 1 is amended and supplemented as
follows:
“a) Violations against
regulations on reservation, protection, reproduction and development of aquatic
resources;”
2. Point dd clause 2 Article 1 is amended and supplemented as
follows:
“dd) Violations against
regulations on collection, processing, storage, transport, trading, import and
export of aquatic animals;”
3. Clause 2 Article 4 is amended and supplemented as follows:
“2.Transfer endangered,
rare and precious aquatic animals which are wounded to rescue establishments
for treatment, and release them into their environment or transfer dead aquatic
animals to the competent authority to deal with in accordance with provisions
of laws."
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“10.Enforced of farming
of aquatic animals until the chemical and antibiotic residues thereof is less
than the maximum permissible limit."
5. Clause 1 Article 5 is amended and supplemented as follows:
“1. A fine of from VND
5,000,000 to 10,000,000 shall be imposed on any offender who illegally catches
or damages reefs, coral reefs, underwater vegetable, mangrove forests and other
ecosystems.”
6. Clause 2 Article 5 is renamed as follows:
“2. Mức phạt tiền đối với
hành vi khai thác, mua bán, vận chuyển, thu gom, lưu giữ san hô trái phép được
quy định như sau (fines for illegal extraction, transport, collection, trading
and storage of coral):”
7. Clause 4 Article 5 is amended and supplemented as follows:
“4.Additional penalties:
Confiscate exhibits in
case violations specified in clause 1, clause 2 and clause 3 of this Article
are committed.”
8. Article 6 is amended and supplemented as follows:
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1. Fines for catching, transport and storage of undersized
aquatic animals and aquatic breeds are as follows:
a) A fine of from VND
1,000,000 to VND 3,000,000 for less than 30 kg in weight of aquatic animals and
aquatic breeds which are undersized caught in the natural environment or those
caught by by-catch.
b) A fine of from VND
3,000,000 to VND 5,000,000 for from 30 kg to under 100kg in weight of aquatic
animals and aquatic breeds which are undersized caught in the natural
environment or those caught by by-catch.
c) A fine of from VND
5,000,000 to VND 10,000,000 for from 100 kg to under 200kg in weight of aquatic
animals and aquatic breeds which are undersized caught in the natural
environment or those caught by by-catch.
d) A fine of from VND
10,000,000 to VND 20,000,000 for from 200 kg to under 300kg in weight of
aquatic animals and aquatic breeds which are undersized caught in the natural
environment or those caught by by-catch.
dd) A fine of from VND
20,000,000 to VND 30,000,000 for from 300 kg to under 400kg in weight of
aquatic animals and aquatic breeds which are undersized caught in the natural
environment or those caught by by-catch.
e) A fine of from VND
30,000,000 to VND 40,000,000 for 400 kg in weight or more of aquatic animals
and aquatic breeds which are undersized caught in the natural environment or
those caught by by-catch.”
2. Fines for violations against regulations on date and time
of catching and banned waters are as follows:
a) A fine of from VND
1,000,000 to VND 3,000,000 for any fishing vessel with the main propulsion
machinery of less than 20HP , or fishing vessel without propulsion machinery
having the waterline length of less than 15 meters, or catching not using
fishing vessels;
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c) A fine of from VND
5,000,000 to VND 10,000,000 for any fishing vessel with the main propulsion
machinery of from 50HP to under 90 HP
d) A fine of from VND
10,000,000 to VND 20,000,000 for any fishing vessel with the main propulsion
machinery of from 90HP to under 250 HP;
dd) A fine of from VND
20,000,000 to VND 30,000,000 for any fishing vessel with the main propulsion
machinery of from 250HP to under 400 HP;
e) A fine of from VND
30,000,000 to VND 40,000,000 for any fishing vessel with the main propulsion
machinery of 400 HP or more.
3. Fines for rearing, raising and planting wild aquatic
species whose origin is legally accepted but having yet to register farms are
as follows:
a) A fine of from VND
1,000,000 to VND 3,000,000 for not registering the farm for rearing, raising
and artificially growing wild, rare and precious aquatic species stipulated by
Vietnam ’s law but not by Annexes to CITES;
b) A fine of from VND
3,000,000 to VND 5,000,000 for not registering the farm for rearing, raising
and artificially planting wild, rare and precious aquatic species stipulated by
Annexes II and III to CITES;
c) A fine of from VND
5,000,000 to VND 7,000,000 for not registering the farm for rearing, raising
and artificially growing wild, rare and precious aquatic species stipulated by
Annex I to CITES;
4. “Additional penalties:
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5. Remedial measures:
a) Enforced release of
living aquatic animals to their environment if offenders commit violations
prescribed in clause 1 and clause 2 of this Article;
b) Enforced transfer of
dead aquatic animals to the competent authority if offenders commit violations
prescribed in clause 1 and clause 2 of this Article;
c) Enforced registration
for husbandry farms at the State management authority if offenders commit
violations prescribed in clause 3 of this Article.”
9. Article 7 is renamed as follows:
“Điều 7. Vi phạm quy định về quản lý các loài thủy
sinh quý hiếm có nguy cơ tuyệt chủng và danh mục loài thủy sản cấm khai thác (Article 7. Violations against regulations on management
of endangered, rare and precious aquatic animals and list of aquatic animals
banned from catching)”
10. Clause 1, clause 2 and clause 3 of Article 7 are renamed as
follows:
“1.Fines for catching,
trading, raising, storing, processing and transporting vulnerable aquatic
animals (VU):”
“2.Fines for catching,
trading, raising, storing, processing and transporting endangered aquatic animals
(EN) and aquatic animals on the List of aquatic animals in the Annex II
attached to the CITIES:”
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11. Point d clause 1 Article 10 is amended as follows:
“d) A fine of from VND
2,000,000 to VND 4,000,000 for using an expired catch permit in 60 days or
more.”
12. Point d clause 2 Article 10 is amended as follows:
“d) A fine of from VND
4,000,000 to VND 6,000,000 for using expired catch permit in 60 days or more.”
13. Clause 5 Article 10 is renamed as follows:
“5.Fines for activities
other than those specified in the catch permit:”
14. Clause 1 of Article 12 is amended as follows:
“1.A fine of from VND
70,000,000 to VND 100,000,000 shall be imposed on any entity that acts as a
broker to help Vietnamese fishermen illegally do catching in other countries’
sea or territories.”
15. Clause 1 of Article 14 is amended as follows:
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16. Clause 3 of Article 14 is amended as follows:
“3.A fine of from VND
3,000,000 to VND 6,000,000 for using imported fishing tackle and gears for
catching without the competent authority’s permission.”
17. Clause 3 of Article 15 is amended as follows:
“3.Fines for using
electrofishing equipment or directly using electricity generated from electric
generators installed onboard fishing vessels or other means for catching are as
follows:
a) A fine of from VND
3,000,000 to VND 5,000,000 for any offender using the fishing vessel with the
main propulsion machinery of less than 20HP , or fishing vessel without
propulsion machinery but its waterline length is less than 15 meters;
b) A fine of from VND
5,000,000 to VND 10,000,000 for any offender using the fishing vessel with the
main propulsion machinery of from 20HP to under 50 HP , or fishing vessel
without propulsion machinery but its waterline length is at least 15 meters;
c) A fine of from VND
10,000,000 to VND 20,000,000 for any offender using the fishing vessel with the
main propulsion machinery of from 50HP to under 90 HP;
d) A fine of from VND
20,000,000 to VND 30,000,000 for any offender using the fishing vessel with the
main propulsion machinery of from 90HP to under 250 HP ;
dd) A fine of from VND
30,000,000 to VND 40,000,000 for any fishing vessel with the main propulsion
machinery of from 250HP to under 400 HP;
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18. Point a clause 5 Article 15 is amended and supplemented as
follows:
“a) Every offender shall
have his/her exhibits for catching and caught aquatic animals confiscated if
(s)he commits any violation specified in clause 1, clause 2, clause 3 and
clause 4 of this Article;"
19. Clause 3 and clause 4 of Article 17 is amended and
supplemented as follows:
“3.Additional penalties:
Every offender shall have
his/her right to enjoyment the catch permit abolished for 03 months to 06
months if (s)he commits the violation prescribed in clause 2 of this Article.
4. Remedial measures:
a) Enforced destruction
of toxic substances and poisonous vegetables and aquatic animals if offenders
commit any violation prescribed in clause 1 and clause 2 of this Article;
b) Enforced application
of remedial measures for detoxifying if offenders commit any violation
prescribed in clause 3 of this article.”
20. Point b clause 1 Article 19 is amended as follows:
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21. Clause 2 Article 20 is renamed as follows:
“2.Fines for using the
expired fishing vessel safety certificate or failing to conduct re-registration
for operation in the aquatic industry:”
22. Clause 3 Article 21 is renamed as follows:
“3. Fines for using
edited and erased fishing vessel registration certificates or using the vessel
identification number other than that in the registration certificate; or using
the identification number not granted by the competent authorities:”
23. Clause 4 Article 21 is amended and supplemented as follows:
“4.Additional penalties:
a) Every offender shall
have his/her vessel registration certificate or vessel identification withdrawn
if (s) he commits the violation in clause 3 of this Article;
b) Every offender shall
have his/her fishing vessel operation suspended for 01 month to 03 months if
(s) he commits the violation in clause 3 of this Article."
24. Clause 3 Article 23 is amended and supplemented as follows:
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25. Clause 6 Article 23 is amended and supplemented as follows:
“6.Additional penalties:
Every offender shall have
his/her degrees or certificates of the master/chief engineer/seafarer withdrawn
if (s) he commits the violation in clause 3 of this Article.”
26. Article 26 is amended and supplemented as follows:
“Article 26.Violation
against regulations on use of granted water surface for aquaculture
1. Fines for violations against regulations on use of granted
water surface for aquaculture are as follows:
a) From VND 1,000,000 to
VND 2,000,000 if the intrusion area is less than 01 ha;
b) From VND 2,000,000 to
VND 4,000,000 if the intrusion area is from 01 ha to under 2 ha;
c) From VND 4,000,000 to
VND 6,000,000 if the intrusion area is 02 ha or more;
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3. Remedial measures:
a) Enforced demolition
and relocation of cages and demarcated lines if they commit the violation
prescribed in clause 1 of this Article;
b) Enforced demolition
and relocation of cages lines if they commit the violation prescribed in clause
2 of this Article.”
27. Article 27 is amended and supplemented as follows:
“Article 27.Violation
against regulations on use of water surface leased for aquaculture
1. Fines imposed on violations against regulations on water
surface leased for aquaculture are as follows:
a) From VND 4,000,000 to
VND 6,000,000 if the intrusion area is less than 01 ha;
b) From VND 6,000,000 to
VND 10,000,000 if the intrusion area is from 01 ha to under 2 ha;
c) From VND 10,000,000 to
VND 15,000,000 if the intrusion area is 02 ha or more;
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3. Remedial measures:
a) Enforced demolition
and relocation of cages and demarcated lines if they commit the violation
prescribed in clause 1 of this Article;
b) Enforce demolition and
relocation of cages lines if they commit the violation prescribed in clause 2
of this Article.”
28. Clause 4 Article 28 is amended and supplemented as follows:
“4.Remedial measures:
a) Enforced destruction
of exhibits if they commit any violation against sampling for food safety test
prescribed in clause 1 and clause 2 of this Article
b) Enforced repurposing
of exhibits into animal feeds and aquatic feed if offenders commit any
violation against sampling for food safety test prescribed in clause 1 and
clause 2 of this Article ;
c) Enforced release of
living aquatic animals which are caught in contravention with natural
environmental regulations if they commit the violation prescribed in clause 2
of this Article.”
29. Clause 1, clause 2, clause 3 and clause 4 of Article 31 are
amended and supplemented as follows:
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2. A fine of from VND 5,000,000 to VND 10,000,000 shall be
impose for illegally discharging wastewater and sewerage into undesignated
areas in fishing ports, port waters and asylum harbor waters.
3. A fine of from VND 10,000,000 to VND 15,000,000 shall be
imposed for:
a) Destruction,
demolition and damage of a construction works and facilities of fishing ports
and/or asylum harbors;
b) Absence of rescue
equipment and fire safety equipment under regulations of the fishing ports,
asylum harbors.
4. A fine of from VND 20,000,000 to VND 30,000,000 shall be
imposed for intrusion of into fishing ports and/or asylum harbors.”
30. Clause 2 Article 36 is renamed as follows:
“2. Rights of the Chief
Inspector of Departments of Agriculture and Rural development , Directors of
Agro-Forestry-Fishery Management Departments and veterinary authorities:"
31. Clause 5 Article 36 is renamed as follows:
“5.The chief inspectors
of the inspectorate of Departments of Agriculture and Rural development and of
the State management authorities who are assigned to conduct specialized
inspection of aquatic animals have the authority to handle violations in
accordance with clause 2 of this Article."
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“1.Rights of on-duty
fisheries inspectors:”
33. Article 41 is amended as follows:
“Article 41. The
authority to handle administrative violations by other authorities
1. The competent person of the market surveillance agency
prescribed in Article 45 of the Law on Actions against administrative
violations shall, within the management, inspect and record administrative
violations, take remedial measures and handle violations specified in Article
5, 7, 28, 30 and 33 hereof.
2. The director and chief representative of the airport
authority; director and chief representative of the Inland Waterway Port
Authority under the Vietnam Inland Waterway Administration prescribed in Article
47 of the law on action against administrative violations shall, within the
authority and management, take remedial measure and handle administrative
violations specified in Article 31 hereof.
3. The competent person of the forest management authority prescribed
in Article 43 of the Law on Actions against administrative violations shall,
within the management of national parks, wildlife sanctuaries or sea
sanctuaries, inspect and record administrative violations, take remedial
measures and handle violations prescribed in Article 5, 6, 7, 8, 9, 10, 11, 13,
14, 15, 16, 17, 24, 25, 26, 27 and 28 hereof.”
Article
2.Amendment and supplement to a number of the Government’s Decree
No.103/119/2013/ND-CP dated October 09, 2013 on actions against administrative
violations in veterinary medicine, animal varieties and animal feeds
(hereinafter referred to as “Decree No.119/2013/ND-CP)):
1. Point a clause 2
Article 1 is amended and supplemented as follows:
“a) Violations against
provisions on prevention and cure of diseases on animals, quarantine of animals
and animal products; trade in aquatic animals carrying diseases, slaughtering
control and animal product processing, veterinary hygiene inspection,
management of veterinary medicine, biological preparations, microorganisms and
chemicals used for veterinary medicine, and veterinary practicing;”
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“a) Fail to have domestic
animals vaccinated or fails to apply compulsory prophylactic measures to
domestic animals;”
3. Point c clause 1
Article 5 is amended and supplemented as follows:
“c) Refuse to comply with
compulsory remedial measures against animals and animal products which carry
diseases or have any sign of diseases as required by the competent authority;”
4. Point d is added to
clause 1 of Article 5 as follows:
“d) refuse to conform to
disease prevention measures in epidemic zones and potentially-epidemic zones as
required by the competent authority.”
5. Clause 3 Article 5 is
amended and supplemented as follows:
“3.A fine of from VND
2,000,000 to VND 3,000,000 shall be imposed on any animal owner who:
a) applies veterinary
medicines not mentioned in the List of veterinary medicines permitted to sell
in Vietnam or those which have yet to be approved by the competent authority on
animals for disease prevention and treatment;
b) disposes disease
and/or dead animals and other animal products, discharges wastewater and
sewerage carrying germs into the environment;
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6. Clause 4 Article 5 is
amended and supplemented as follows:
“4.A fine of from VND
1,000,000 to VND 1,500,000 shall be imposed in case of deletion and edition of
the content of the certificate of vaccination and/or certificate of
disease-free facility; or trade or lease or borrowing of those certificates”.
7. Clause 5 of Article 5
and point a clause 5 of Article 5 are amended and supplemented as follows:
“5.A fine of from VND
1,500,000 to VND 2,000,000 shall be imposed on any centralized farm, cattle and
poultry breed trading facility which
a) refuse to carry out
on-site sampling for disease periodic tests;”
8. Clause 6 Article 5 is
amended and supplemented as follows:
“6.A fine of from VND
4,000,000 to VND 6,000,000 shall be imposed on any animal owner who:
a) applies medicine and
veterinary medicine ingredients on animals for prevention and treatment of
diseases;
b) refuse to stop
applying medicines on animals before slaughtering and using eggs and milk for
human consumption under directions of the manufacturer or veterinary
authorities; or
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9. Point a clause 8
Article 5 is amended and supplemented as follows:
“Enforced destruction of
disease-carrying and dead animals and products thereof; and to remediate the
environment in case the violation prescribed in point b clause 3 of this
Article is committed;”
10. Point b clause 8
Article 5 is amended and supplemented as follows:
“b) Every offender shall
have the certificate of vaccination and certificate of disease-fee facility
withdrawn if (s) he commits any violation prescribed in clause 4 of this
Article;”
11. Point d clause 8
Article 5 is amended and supplemented as follows:
“d) Enforced destruction
of veterinary medicines, veterinary medicine ingredients, medicine and medicine
ingredients, animal products and animal breeds if offenders commit violations
prescribed in point a clause 3, clause 6 and clause 7 of this Article.”
12. Point dd is added to
clause 8 of Article 5 as follows:
“dd) Enforced compliance
with animal sampling and testing for diseases in case they commit the violation
prescribed in point a clause 5 of this Article;
e) Every offender shall
have their domestic dogs inoculated with rabies vaccines in case they commit
the violation prescribed in point c clause 3 of this Article; where the owner
intentionally refuses to have his/her dogs vaccinated, the dogs which have yet
to be inoculated with rabies vaccine shall be destroyed.”
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“a) use veterinary
medicines not mentioned in the List of veterinary medicines permitted to sell
in Vietnam or those which have yet to be approved by the competent authority
for aquatic animal disease prevention and treatment;”
14. Clause 4a is added to
Article 7 as follows:
4a.A fine of from VND
7,000,000 to VND 10,000,000 shall be imposed on every offender who:
a) applies medicine and
veterinary medicine ingredients for prevention and treatment of diseases on
aquatic animals;
b) fails to stop feeding
animals with medicines prior to catching/sale under the direction of the
manufacturer or veterinary authority; or
c) trades aquatic animals
which carry diseases.”
15. Clause 5 Article 7 is
amended and supplemented as follows:
“5.Remedial measures:
Enforced destruction of
veterinary medicines, veterinary medicine ingredients, medicine and medicine
ingredients, aquatic animal products and aquatic animal varieties if offenders
commit violations prescribed in point a clause 3, clause 4 and clause 4a of
this Article.”
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“5a.A fine of from VND
15,000,000 to VND 20,000,000 shall be imposed on any entity that breaks
quarantine seals on containers without permissions, transports animals and
animal products which are imported, temporarily imported for re-export,
temporarily exported for re-import, transited to another checkpoint, bonded
warehouses and transited to Vietnam without prior approval.”
17. Clause 6 Article 11
is amended and supplemented as follows:
“6. A fine of from VND
20,000,000 to VND 30,000,000 shall be imposed in case any animal and/or animal
product which carry infectious diseases, toxic residue and microorganism
exceeding the permissible limit, other impure substances, and/or have yet to
have their skin, hair and claws cleaned are imported, temporarily imported for
re-export, temporarily exported for re-import, transited to another checkpoint,
bonded warehouses or transited to Vietnam.
18. Point c clause 9
Article 11 is amended and supplemented as follows:
“c)Enforced repurposing
of animal products which carry microorganisms in the quantity exceeding the
permitted limit for animal consumption by applying heat treatment; and to conform
to veterinary hygiene requirements in case violation prescribed in clause 6 of
this Article is committed.”
19. Article 13 is renamed
as follows:
“Điều 13. Vi phạm về vận
chuyển, kinh doanh, thu gom, lưu giữ, kiểm soát giết mổ động vật trên cạn, sơ
chế, chế biến động vật, sản phẩm động vật để kinh doanh ( Article 13.
Violations against regulations on transport, trade, catch, retention and
control of slaughtering of terrestrial animals, processing of animals and
animal products for sale).”
20. Point c clause 2
Article 13 is amended and supplemented as follows:
“c) A fine of from VND
20,000,000 to VND 30,000,000 shall for injection of water or any other
substance into animals prior to slaughter and into animal products;”
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“e) A fine of from VND
20,000,000 to VND 30,000,000 for transport, retention and slaughtering of
animals which are injected with sedatives without directions of manufacturers
or veterinary authorities for food;”
22. Point h clause 2
Article 13 is amended and supplemented as follows:
“h) A fine of from VND
40,000,000 to VND 50,000,000 for transport, trade, retention and slaughter of
animals, and/or processing animal products which containing prohibited
substances."
23. Point a clause 4
Article 13 is amended and supplemented as follows:
“a) Enforced destruction
of animals and animal products if they commit prescribed in point d, g and h
clause 2 of this Article;
Suspend slaughter of
animals injected with sedatives until they are declared safe under the food
safety inspection result; forcibly destroy animal products having sedative
residue exceeding that stipulated by the Ministry of Health in case the
violation in point e, clause 2 of this Article is committed."
24. Point c clause 4
Article 13 is amended and supplemented as follows:
“c) Enforced repurposing
of animal products for animal consumption if they commit the violation in point
c, clause 2 of this Article.”
25. Clause 6a is added to
Article 16 as follows:
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26. Point b clause 9
Article 16 is amended as follows:
“b) Enforced recall
and/or destruction of veterinary medicine and/or vaccines if offenders commit
any violation prescribed in clause 3, clause 4, clause 5, clause 6 clause 6a
and clause 7 of this Article.”
27. Point c is added to
clause 3 of Article 17 as follows:
“c) Fail to follow the
manufacturer’s regulations on vaccine preservation.”
28. Clause 6a and 6b is
added to Article 17 as follows:
“6a.A fine of from VND
20,000,000 to VND 30,000,000 shall be imposed in case any single veterinary
medicine ingredient which has yet to be granted the certificate of eligibility
to import for veterinary medicine is imported.
6b.A fine of from VND
20,000,000 to VND 30,000,000 shall be imposed if any single veterinary medicine
ingredient or any medicine ingredient is illegally sold to any husbandry or
aquaculture facility".
29. Point b clause 8
Article 17 is amended as follows:
“b) Enforced recall
and/or destruction of veterinary medicine and/or vaccines if offenders commit
any violation prescribed in clause 4, clause 5, clause 6 this Article.”
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“c) Destroy medicine and
veterinary medicine ingredients in case violations prescribed in clause 6a and
clause 6b of this Article are committed."
31. Clause 3a is added to
Article 18 as follows:
“3a. A fine of from VND
20,000,000 to VND 30,000,000 shall be imposed in case any single imported
veterinary medicine is sold to a facility which has yet to obtain the
certificate of eligibility to import veterinary medicine or the one that has
yet to obtain the certificate of eligibility to produce veterinary medicine or
aquaculture facility.”
32. Clause 3b is added to
Article 18 as follows:
“3b. Additional
penalties:
Import of
veterinary medicine ingredients is suspended during 12 months in case the
violation prescribed in clause 3a of this Article is committed.”
33. Clause 2 and clause 3
of Article 25 is amended and supplemented as follows:
“2.A fine of from VND
3,000,000 to VND 5,000,000 shall be imposed on any entity that produces and/or
trade animal varieties but fails to record, retain and update track records.
3. A fine of from VND
5,000,000 to VND 10,000,000 shall be imposed in case no technician who acquires
bachelor degree(s) in husbandry, veterinary medicine and/or aquaculture is
hired to in charge of producing and trading purebreds, GGP, GP and PS breeds.
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“1.A fine of from VND
10,000,000 to VND 15,000,000 shall be imposed on any entity that produces
and/or trade sperms, embryos, breeds and/or larva but fails to record, retain
and update track records.”
35. Clause 1 Article 32
is amended and supplemented as follows:
“1. A fine of from VND
5,000,000 to VND 10,000,000 shall be imposed on any entity producing and
processing animal feed without any quality control technician.”
36. Clause 3 Article 32
is amended and supplemented as follows:
“3.A fine of from VND
15,000,000 to VND 20,000,000 shall be imposed for not testing animal feed
quality."
37. Clause 4, clause 5
and clause 6 of Article 33 is amended and supplemented as follows:
“4.A fine of from 10% up
to 15% (from VND 6,000,000 to VND 100,000,000) of the value of an offending
shipment shall be imposed for production and processing of:
a) The animal feed of
which the content of each main ingredient accounts for from 90% to under 95% of
that in the announced standard or on product label; or
b) The animal feed
containing any antibiotics whose content is of 10 % to fewer than 20% higher
than that specified on the product label or prescribed by laws, or containing
any single unsafe substance prescribed by national technical regulations.
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a) The animal feed of
which the content of each main ingredient accounts for from 80% to under 90% of
that in the announced standard or on product label; or
b) The animal feed
containing any antibiotics whose content is of 20 % to fewer than 30% higher
than that specified on the product label or prescribed by laws, or containing
any single unsafe substance prescribed by national technical regulations.
6. “4.A fine of from 20% up to 30% (from VND 6,000,000 to VND
100,000,000) of the value of an offending shipment shall be imposed on
production and processing of:
a) the animal feed of
which the content of each main ingredient accounts for from 70% and 80% of that
in the announced standard or on product label is imported; or
b) the animal feed
containing any antibiotics whose content is at least 30% higher than that
specified on the product label or prescribed by laws, or containing any single
unsafe substance prescribed by national technical regulations.
38. Clause 2, clause 3,
clause 4 and clause 5 of Article 35 is amended and supplemented as follows:
“2.A fine of from VND
10,000,000 to VND 15,000,000 shall be imposed on trading any single type of
animal feed not specified on the List of animal feed permitted to be sold in
Vietnam or on trading any type of animal feed without the written consent of
the State competent authority.
3. “4.A fine of from 10%
up to 15% ( from VND 6,000,000 to VND 100,000,000) of the value of a offending
shipment shall be imposed for trading in:
a) an animal feed of
which the content of each main ingredient accounts for from 90% to under 95% of
that in the announced standard or on product label ; or
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4. “4.A fine of from 15%
up to 20% ( from VND 6,000,000 to VND 100,000,000) of the value of a offending
shipment shall be imposed for trading in:
a) an animal feed of
which the content of each main ingredient accounts for from 80% to under 90% of
that in the announced standard or on product label; or
b) an animal feed
containing any antibiotics whose content is of from 20 % to fewer than 30%
higher than that specified on the product label or prescribed by laws, or
containing any single unsafe substance prescribed by national technical
regulations.
5. “4.A fine of from 20%
up to 25% (from VND 6,000,000 to VND 100,000,000) of the value of an offending
shipment shall be imposed on trading in:
a) an animal feed of
which the content of each main ingredient accounts for from 70% and 80% of that
in the announced standard or on product label; or
b) an animal feed
containing any antibiotics whose content is at least 30% higher than that
specified on the product label or prescribed by laws, or containing any single
unsafe substance prescribed by national technical regulations.”
39. Article 36 is amended
and supplemented as follows:
“Article 36.
Violations against regulations on use of antibiotics and prohibited substances
in animal feed and for purposes of production, processing and trade in animal
feed
1. Fines for violations
area s follows:
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b) A fine of from VND
50,000,000 to VND 70,000,000 for using any single prohibited substance in
husbandry and aquaculture; and
c) A fine of from VND
70,000,000 to VND 100,000,000 for use of any single prohibited substance for
production, processing of animal feed and trade in animal feed containing any
prohibited substance.
2. “Additional penalties:
Production, processing
and/or trade in animal feed shall be suspended for 06 months to 12 months in
case of any violation specified in point c clause 1 of this point is committed.
3. Remedial measures:
a) Force offenders to
destroy or to repurpose animal feed if they commit the violation specified in
point a clause 1 of this Article;
b) Force offenders to
destroy all prohibited substances and animal feed containing such prohibited
substances if they commit the violation specified in point b and point c clause
1 of this Article;
c) Force husbandry farms
to keep raising animals which are fed with prohibited substances until no
prohibited substance residue remains if they commit the violation in point b
clause 1 of this Article ;
Force offenders to destroy animals in case they repeatedly commit such
violation.
40. Article 37 is amended
and supplemented as follows:
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1. A fine of from VND
5,000,000 to VND 7,000,000 shall apply if the content of each ingredient other
than the main ingredients of the imported animal feed is of from 90% to under
95% of or is of from 5% to under 10% higher than the announced standard or than
that on the label.
2. A fine of from VND
7,000,000 to VND 10,000,000 shall apply if the content of each ingredient other
than the main ingredients of the imported animal feed is from 80% to under 90%
of or is from 10% to under 20% higher than the announced standard or than that
on the label.
3. A fine of from VND
10,000,000 to VND 15,000,000 shall apply if the content of each ingredient
other than the main ingredients of the imported animal feed is of from 70% to
under 80% of or is of from 20% to under 30% higher than the announced standard
or than that on the label.
4. A fine of from VND
15,000,000 to VND 20,000,000 shall apply if the content of each ingredient
other than the main ingredients of the imported animal feed is from 70% to
under 80% of or is from 20% to under 30% higher than the announced standard or
than that on the label.
5. A fine of from VND
15,000,000 to VND 20,000,000 shall apply if the import animal feed of which the
quantity of microorganisms exceeds the permissible limit prescribed in national
technical regulations or the announced standards.
6. A fine of from VND
15,000,000 to VND 20,000,000 shall be imposed if:
a) an animal feed of
which the content of each main ingredient accounts for from 90% to under 95% of
that in the announced standard or on product label is imported; or
b) animal feed containing
any antibiotics whose content is 10 % to fewer than 20% higher than that
specified on the product label or prescribed by laws, or containing unsafe
substance prescribed by announced standards and national technical regulations
is imported.
7. A fine of from VND
20,000,000 to VND 30,000,000 shall be imposed if:
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b) an animal feed
containing any antibiotics whose content is 20 % to fewer than 30% higher than
that specified on the product label or prescribed by laws, or containing unsafe
substance prescribed by announced standards and national technical regulations
is imported.
8. A fine of from VND
30,000,000 to VND 40,000,000 shall be imposed if:
a) an animal feed of
which the content of each main ingredient accounts for from 70% and 80% of that
in the announced standard or on product label is imported; or
b) an animal feed
containing any antibiotics whose content is at least 30% higher than that
specified on the product label or prescribed by laws, or containing unsafe
substance prescribed by announced standards and national technical regulations
is imported.
9. A fine of from VND
10,000,000 to VND 20,000,000 shall be imposed on any entity importing expired
animal feed which values less than VND 50,000,000 according to the invoices.
10. A fine of from VND
20,000,000 to VND 30,000,000 shall be imposed on any entity importing expired
animal feed which values VND 50,000,000 to less than 100,000,000 according to
the invoices.
11. A fine of from VND
30,000,000 to VND 40,000,000 shall be imposed on any entity importing expired
animal feed which values VND 100,000,000 or more according to the invoices.
12. A fine of from VND
40,000,000 to 50,000,000 shall be imposed if any single animal feed not
specified on the List of animal feed permitted to be sold in Vietnam is
imported or any single animal feed is imported without the written consent of
the State competent authority.
13. A fine of from VND
70,000,000 to VND 100,000,000 shall be imposed if any single animal feed
containing prohibited substances is imported.
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a) Force offenders to
make declaration about the actual quality of products in case they commit
violations prescribed in clause 1, clause 2 , clause 3, point a of clause 6 and
point a clause 7 of this Article ;
b) Force offenders to
recycle or to repurpose imported animal feeds if offenders commit violations
prescribed in clause 4, clause 5, point b of clause 6, point b of clause 7 and
clause 8 of this Article. Where it is impossible to be recycled or repurposed,
such imported animal feed shall be re-exported or destroyed.
c) Forcibly re-export the
whole of imported animal feed if violations prescribed in clause 9, clause 10
and clause 11 of this Article are committed. Where it is impossible to be
re-exported, such animal feed shall be destroyed;
d) Force offenders to
re-export or destroy the whole of imported animal feed if offenders commit
violations prescribed in clause 12 and clause 13 of this Article.”
41. Clause 2 of Article
43 is amended as follows:
“2.The competent person
of the market surveillance agency prescribed in Article 45 of the Law on
actions against administrative violations shall, within his/her authority and
management, inspect and record administrative violations, handle such
violations and take remedial measures in case violations in clause 1 and point
c and d clause 2 of Article 13, clause 1, 4, 5, and 6 of Article 14, Article
17, clause 2, 5 and 6 of Article 20, Article 23, Article 27, Article 30,
Article 34 and Article 35 of this Decree are committed."
42. Clause 4 is added to
Article 43 as follows:
The competent person of
the Border Guard and that of the Coastguard prescribed in Article 40 and
Article 41, respectively, of the Law on Actions against administrative
violations shall, within their authority and management, inspect and record
administrative violations, take actions against such violations and take
remedial measures against administrative violations specified Article 11, 18,
27 and 27 of this Decree are committed.”
43. The following
Article, clause, point and phrases shall be annulled:
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b) the phrase “sản phẩm xử
lý, cải tạo môi trường trong chăn nuôi, nuôi trồng thủy sản” used in the Decree
No.119/2013/ND-CP dated October 09, 2-13 on handling of administrative
violations in respect of veterinary, domestic animals and animal feeds.
Article
3. Amendment and supplement to a number of Article of the Government’s Decree
No.157/2013/ND-CP dated November 11, 2013 on actions against administrative
violations against forest management and protection , and management of
forestry products amended by the Government’s Decree No.40/2015/ND-CP dated
April 27, 2015 on amendment and supplement to a number of Articles of the
Decree No.157/2013/ND-CP dated November 11, 2013 on actions against
administrative violations against forest management and protection , and
management of forestry products (hereinafter referred to as “Decree
No.157/2013/ND-CP):
1. Article 1 is amended
and supplemented as follows:
“This Decree stipulates
administrative violations, penalties, remedial measures, the authority to
handle administrative violations and to make violation records in respect of
forest management, protection and development, and forestry product management.
The List of endangered,
precious and rare species under protection prescribed by the Government is not
amended by this Decree".
2. Clause 2 Article 3 is
amended and supplemented as follows:
“2.Forestry product is
any material derived from flora, fauna and parts or derivatives of forestry.”
3. Clause 8 Article 3 is
amended and supplemented as follows:
“8. Illegal use of
facilities means the person whose is hired or leased or designated to operate a
facility to serve lawful purposes by the law full owner, manager or user
illegally uses such facilities as means of administrative violations.
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4. Clause 9 is added to
Article 3 as follows:
“9.Forest environmental
services prescribed in Article 9a hereof consist of:
a) land protection,
erosion control and riverbed sedimentation;
b) Regulation of sources
of water for consumption and production;
c) forest degradation
prevention, deforestation prevention and forest sustainable development for the
purposes of absorption and retention of carbon and reduction of greenhouse gas
emission;
d) Preservation of
biodiversity and natural landscape of ecosystems for tourism;
dd) Provision of spawning
grounds feeds and breeds and utilization of water form forests for
aquaculture.”
5. Clause 4, clause 5,
clause 6 and clause 7 shall be added to Article 4 as follows:
“4. Forcibly sign
contracts for payment for forest environmental services.
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6. Enforced settlement of full payment of forest environmental
service charges and late payment interests (if any).
7. Enforced settlement of full payment of forest environmental
service charges to contracted person under the contract.”
6. Article 7 is amended
and supplemented as follows:
“Article 7. Actions
against administrative violations
1. Fines prescribed by
Chapter II hereof apply to individuals, except where it is prescribed in clause
4 Article 9a of this Decree. Any organization committing an administrative
violation shall face a fine doubling that applied to an individual offender who
commits the same violation at the same seriousness.
2. Any administrative
violation against provisions on respect of forest species prescribed in Chapter
I and II of the Convention on International Trade in Endangered Species of Wild
Flora and Fauna (CITIES) but not stipulated in the List of endangered, rare and
precious wild fauna and flora shall be dealt with as follows:
a) Any administrative
violation in respect of species specified in Annex I shall be dealt with as to
forest endangered, rare and precious flora and fauna of group IA and group IB.
Any administrative
violation in respect of endangered, rare and precious flora and fauna of group
IIA and group IIB specified in Annex I shall be dealt with as to those of group
IA and group IB.
b) Any administrative
violation in respect of species specified in Annex II shall be dealt with as to
forest endangered, rare and precious flora and fauna of group IIA and group
IIB.
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Where any violation is
beyond the administrative penalty, the maximum fine for such violations shall
apply.
4. In case more than one
forestry products are found in an administrative violation including both
ordinary and precious wood, ordinary animals and endangered, precious and rare
animals, and wood and forest animals ( if it is not serious enough to be
subject to criminal prosecution), the fine shall be determined by each type of
forestry product and total up thereafter.
5. Any violation in
respect of the forest which is supposed to be used for other purposes but has
yet to be repurposed shall be dealt with as to violation of the respective
forest before it is repurposed.
6. The forest owner who
discovers any violation related to the forest owner’s forestry products shall
collect proofs and exhibits, and punctually reports to the competent entity
that has the authority to make an administrative violation record to handle in
accordance with provisions hereof.
Confiscated forestry
products shall be returned to the forest owner if:
a) the forest owner
catches offenders red-handed in his/her forest; or
b) the forest owner has
yet catch offenders red-handed; however, (s) he has sufficient proofs and
grounds evidencing that such confiscated forestry products were cultivated or
grown within the owner’s forest and were financed by the forest owner.”
7. 7. Supplementation to
Article 9a:
“Article 9a.
Violations against regulations on forest environmental services
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a) In case of direct
payment, any user who refuses to sign the agreement with the forest owner who
provides forest service shall face a fine of from VND 1,000,000 to VND
2,000,000;
b) In case of indirect
payment, any user who refuses to sign the agreement with the provincial forest
protection and development fund shall face a fine of from VND 10,000,000 to VND
20,000,000;
c) In case of indirect
payment, any user who refuses to sign the agreement with Vietnam forest
protection and development fund shall face a fine of from VND 40,000,000 to VND
50,000,000;
2. Any service user, in
case of indirect payment, refusing to make a declaration on forest
environmental service charges shall face the following penalties:
a) A fine of from VND 1,000,000
to VND 2,000,000if the payment is up to VND 50,000,000;
b) A fine of from VND
2,000,000 to VND 3,000,000 if the payment is between VND 50,000,000 and VND
200,000,000 inclusive;
c) A fine of from VND
3,000,000 to VND 5,000,000 if the payment is between VND 200,000,000 and VND
300,000,000 inclusive;
d) A fine of from VND
5,000,000 to VND 7,000,000 if the payment is between VND 300,000,000 and VND
500,000,000 inclusive;
dd) A fine of from VND
7,000,000 to VND10, 000,000 if the payment is exceeding VND 500,000,000;
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a) If any user refuses to
make payment or fails to make full payment after 03 months according to the
contract duration and the payable is up to VND 20,000,000, (s) he shall face a
fine of from VND 1,000,000 to VND 2,000,000;
b) If any user refuses to
make payment or fails to make full payment after 03 months according to the
contract duration and the payable is between VND 20,000,000 and VND 30,000,000
inclusive, (s) he shall face a fine of from VND 2,000,000 to VND 3,000,000;
c) If any user refuses to
make payment or fails to make full payment after 03 months according to the
contract duration and the payable is between VND 30,000,000 and VND 50,000,000
inclusive, (s) he shall face a fine of from VND 3,000,000 to VND 5,000,000;
d) If any user refuses to
make payment or fails to make full payment after 03 months according to the
contract duration and the payable is between VND 50,000,000 and VND 100,000,000
inclusive, (s) he shall face a fine of from VND 5,000,000 to VND 10,000,000;
dd) If any user refuses
to make payment or fails to make full payment after 03 months according to the
contract duration and the payable is between VND 100,000,000 and VND
200,000,000 inclusive, (s)he shall face a fine of from VND 10,000,000 to VND
20,000,000;
e) If any user refuses to
make payment or fails to make full payment after 03 months according to the
contract duration and the payable is between VND 200,000,000 and VND
500,000,000 inclusive, (s) he shall face a fine of from VND 20,000,000 to VND
30,000,000 inclusive;
g) If any user refuses to
make payment or fails to make full payment after 03 months according to the
contract duration and the payable is up to VND 500,000,000, (s) he shall face a
fine of from VND 30,000,000 to VND 50,000,000;
4. Any forest owner who
is assigned to be in charge of the forest but refuses or fails to transfer full
forest service charges which are collected from persons contracted to protect
the forest on due date shall face penalties as follows:
a) A fine of from VND
1,000,000 to VND 2,000,000 if the payment is up to VND 5,000,000;
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c) A fine of from VND
3,000,000 to VND 5,000,000 if the payment is between VND 20,000,000 and VND
50,000,000 inclusive;
d) A fine of from VND
5,000,000 to VND10, 000,000 if the payment is exceeding VND 50,000,000;
5. Remedial measures:
a) Offenders committing
administrative violation prescribed in clause 1 of this Article shall be
enforced application of remedial measures under clause 4 Article 4 hereof
within 01 month from the date of receipt of the decision on penalty;
b) Offenders committing
administrative violation prescribed in clause 2 of this Article shall be
enforced application of remedial measures under clause 5 Article 4 hereof
within 15 days from the date of receipt of the decision on penalty;
c)
Offenders committing administrative violation prescribed in clause 3 of this
Article shall be enforced application of remedial measures under clause 6
Article 4 hereof within 01 month from the date of receipt of the decision on
penalty;
The interest is
calculated on the basis of the amount of late payment and duration of late
payment by basic interest rate published by the State Bank of Vietnam at the
time closest to the time of decision on administrative penalties;
d)
Offenders committing administrative violation prescribed in clause 4 of this
Article shall be enforced application of remedial measures under clause 7
Article 4 hereof within 01 month from the date of receipt of the decision on
penalty.”
8. Amendments to point c
clause 4, point c clause 5, point c clause 6, point c clause 7, point c clause
8, point c clause 9 of Article 21:
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“c) Forest animals or
parts of the body of an endangered, rare and precious individual of group IB.”
b) Point c clause 5
Article 21 is amended as follows:
“c) Forest animals or
parts of the body of 02 endangered, rare and precious individuals of group IB.”
c) Point c clause 6
Article 21 is amended as follows:
“c) Forest animals or
parts of the body of 03 or 04 endangered, rare and precious individuals of
group IB.”
d) Point c clause 7
Article 21 is amended as follows:
“c) Forest animals or
parts of the body of 05 or 06 endangered, rare and precious individuals of
group IB.”
dd) Point c clause 8
Article 21 is amended as follows:
“c) Forest animals or
parts of the body of 07 or 08 endangered, rare and precious individuals of
group IB.”
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“c) Forest animals or
parts of the body of more than 08 endangered, rare and precious individuals of
group IB.”
9. Amendment to point c
clause 5, point c clause 6, point c clause 7, point c clause 8, point c clause
9 of Article 22:
a) Point c clause 5
Article 22 is amended as follows:
“c) Forest animals or
parts of the body of 01 endangered, rare and precious individuals of group IB.”
b) Point c clause 6
Article 22 is amended as follows:
“c) Forest animals or
parts of the body of 02 endangered, rare and precious individuals of group IB.”
c) Point c clause 7
Article 22 is amended as follows:
“c) Forest animals or
parts of the body of 03 or 04 endangered, rare and precious individuals of
group IB.”
d) Point c clause 8
Article 22 is amended as follows:
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dd) Point c clause 9
Article 22 is amended as follows:
“c) Forest animals or
parts of the body of 07 or 08 endangered, rare and precious individuals of
group IB.”
10. Point d is added to
clause 10 of Article 22 as follows:
“d) Forest animals or
parts of the body of more than 08 endangered, rare and precious individuals of
group IB.”
11. Amendment and
supplement to Point c clause 5, point c clause 6, point c clause 7, point c
clause 8, point c clause 9 of Article 23:
a) Point c clause 5
Article 23 is amended as follows:
“c) Forest animals or
parts of the body of 01 endangered, rare and precious individual of group IB.”
b) Point c clause 6
Article 23 is amended as follows:
“c) Forest animals or
parts of the body of 02 endangered, rare and precious individuals of group IB.”
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“c) Forest animals or
parts of the body of 03 or 04 endangered, rare and precious individuals of
group IB.”
d) Point c clause 8
Article 23 is amended as follows:
“c) Forest animals or
parts of the body of 05 or 06 endangered, rare and precious individuals of
group IB.”
dd) Point c clause 9
Article 23 is amended as follows:
“c) Forest animals or
parts of the body of 07 or 08 endangered, rare and precious individuals of
group IB.”
12. Point d is added to
clause 10 of Article 23 as follows:
“d) Forest animals or
parts of the body of more than 08 endangered, rare and precious individuals of
group IB.”
13. Clause 3 Article 25
is amended and supplemented as follows:
“3.In case any recorded
administrative violated is beyond the authority of the competent person who
makes that record whether (s)he comes from the Public Security authority,
Border guard, Coastguard, market surveillance agency or specialized inspection
authority, within 05 working days from the date on which the record is made,
that competent person shall transfer such record, exhibits and means causing
administrative violations to the competent authority as stipulated in Article
52 of the Law on actions against administrative violations.
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“Article 29. The
authority of People’s Public Security of Vietnam, People’s Public Security of
Vietnam and the Coastguard and market surveillance agency handle violations
1. The People's
Security’s competent person who has the authority to impose penalty as
prescribed in Article 39 of the Law on Actions against administrative
violations has the authority to inspect and record administrative violations,
take actions against such violations and take remedial measures against
administrative violations specified herein within the management under Article
52 of the Law on Administrative Violations.
2. The Border guard’s
competent person prescribed in Article 40 of the Law on Actions against
administrative violations has the authority to inspect and record
administrative violations, take actions against such violations and take
remedial measures against administrative violations specified Article 12, 16,
17, 20, 21 and 22 and illegal trade in forestry products prescribed in Article
23 hereof.
3. The market
surveillance agency’s competent person prescribed in Article 45 of the Law on
Actions against administrative violations has the authority to inspect and
record administrative violations, take actions against such violations and take
remedial measures against illegal trade in forestry products prescribed in
Article 23 hereof.
4. The Coastguard’s
competent person prescribed in Article 41 of the Law on Actions against
administrative violations has the authority to inspect and record
administrative violations, take actions against such violations and take
remedial measures against administrative violations specified Article 22 and
illegal trade in forestry products prescribed in Article 23 hereof.”
15. Point c clause 3,
point d clause 4, point d clause 5, point d clause 6, point d clause 7, point d
clause 8 of Article 21; point c clause 3, point c clause 4 of Article 22; point
c clause 3, point c clause 4 of Article 23, clause 5 and clause 6 of Article 24
shall be annulled.
Article
4. Transitional provisions
1. Administrative
violations committed before the effective date of this Decree shall be dealt
with in accordance with the Decree No.103/2013/ND-CP, Decree No.119/2013/ND-CP
and Decree No.157/2013/ND-CP
2. Any violation which is
committed before the effective date of this Decree but is found or solved after
the effective date of this Decree shall be dealt with in accordance with
Decree.
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1. This Decree enters
into force from May 20, 2017.
2. This Decree replaces
the Government’s Decree No.40/2015/ND-CP dated April 27, 2015 on amendment and
supplementation to a number of Articles of the Decree No.157/2013/ND-CP.
Ministers, heads of
ministerial-level agencies, heads of governmental agencies, Presidents of
People's Committees of provinces shall be responsible for implementing this
Decree. /.
ON BEHALF OF
THE GOVERNMENT
DEPUTY MINISTER
Nguyen Xuan Phuc