THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.47/2005/ND-CP
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Hanoi,
April 08, 2005
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DECREE
ON SANCTIONING OF ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF
LIVESTOCK BREEDS
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government dated December 25, 2001;
Pursuant to the Ordinance on Livestock Breeds dated March 24, 2004;
Pursuant to the Ordinance on Handling of Administrative Violations;
At the proposals of the Minister of Agriculture and Rural Development and the
Minister of Fisheries,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1. Governing
scope
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2. Administrative violations in the domain of
livestock breeds defined in this Decree include:
a) Violation of regulations on management and
conservation of livestock gene sources;
b) Violation of regulations on assay of new
livestock breeds;
c) Violation of regulations on livestock breed
production and trading;
d) Violation of regulations on management of the
quality of livestock breeds, and
e) Violation of regulations on administrative
management of livestock breeds.
3. Other acts of administrative violation in the
domain of livestock breeds not directly specified in this Decree shall be
sanctioned in accordance with other relevant provisions of the Government's
decrees on sanctioning administrative violations in the State management
domains.
Article 2. Application
subjects
1. People aged between full 14 years and under 6
years shall be sanctioned for their intentional administrative violations;
people aged full 16 years or older shall be sanctioned for every administrative
violation they have committed in the domain of livestock breeds, which are
defined in the legislation on handling of administrative violations and
in Chapter II of this Decree.
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3. Foreign organizations and individuals
committing administrative violations in the domain of livestock breeds within
the territory, exclusive economic zones or continental shelf of the Socialist
Republic of Vietnam shall be administratively sanctioned in accordance with the
provisions of this Decree. In cases where international treaties, which Vietnam
has signed or acceded to, otherwise provide for, such international treaties
shall apply.
Article 3. Sanctioning
principles
Principles for sanctioning administrative
violations in the domain of livestock breeds shall comply with the provisions
of Article 3 of the Ordinance on Handling of Administrative Violations and
Article 3 of the Government's Decree No. 134/2003/ND-CP dated November 14, 2003
detailing the implementation of a number of articles of the 2002 Ordinance on
Handling of Administrative Violations.
Article 4. Extenuating,
aggravating circumstances
The application of extenuating or aggravating
circumstances in the sanctioning of administrative violations, with regard to
violation acts defined in Chapter II of this Decree, shall comply with the
provisions of Articles 8 and 9 of the Ordinance on Handling of Administrative
Violations.
Article 5. Statute of
limitations for sanctioning administrative violations
The statute of limitations for sanctioning an
administrative violation in the domain of livestock breeds is one year,
counting from the date such violation is committed; two years, from the date
the violation is committed, if it is in the domain of export or import of
livestock breeds or is an act of producing or trading in prohibited breeds or
fake breeds.
Article 6. Time limit
for being regarded as having not been sanctioned for administrative violations
If one year after executing the sanctioning
decisions or after the expiration of the statute of limitations for execution of
administrative violations the administratively sanctioned organizations or
individuals do not relapse into the sanctioned violations, they shall be
considered as having not been sanctioned for administrative violations.
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1. For every act of administrative violation,
violating organizations or individuals shall be subject to one of the following
principal sanctioning forms:
a) Caution;
b) Fine.
The maximum fine level for an act of administrative
violation in the domain of livestock breeds is VND 30,000,000.
2. Apart from the principal sanctioning forms,
depending on the nature and seriousness of their violations, organizations or
individuals committing administrative violations in the domain of livestock
breeds may also be subject to one or all of the following additional
sanctioning forms:
a) Deprivation of the right to use assorted
permits or practice certificates for a definite or indefinite term;
b) Confiscation of material evidences and means
used for commission of administrative violations.
3. Apart from the sanctioning forms defined in
Clauses 1 and 2 of this Article, organizations or individuals committing
administrative violations may also be subject to one or many of the following
remedies:
a) Forcible destruction of livestock breeds
harmful to human health or causing environmental pollution;
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Violating organizations and individuals must
bear all expenses for application of the above-mentioned remedies.
Chapter II
ACTS OF ADMINISTRATIVE
VIOLATION IN THE DOMAIN OF LIVESTOCK BREEDS, SANCTIONING FORMS AND LEVELS
Article 8. Violation of
regulations on management and conservation of livestock gene sources in
conservation zones
1. A fine of between VND 1,000,000 and VND
3,000,000 for acts of exploiting or using livestock gene sources in
conservation zones in excess of the permitted limits.
2. A fine of between VND 5,000,000 and VND
10,000,000 for acts of exploiting or using livestock gene sources in
conservation zones without permission of competent authorities.
3. A fine of between VND 20,000,000 and VND
30,000,000 for acts of destroying livestock gene sources in conservation zones.
4. Additional sanctioning forms and remedies:
a) Confiscation of material evidences and means
used to commit administrative violations, for violations specified in this
Article;
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Article 9. Violation of
regulations on exploitation and conservation of precious and rare livestock
gene sources
1. Caution or a fine of between VND 1,000,000
and VND 2,000,000 for acts of exploiting or using precious and rare livestock
gene sources in excess of the permitted limits.
2. A fine of between VND 2,000,000 and VND
3,000,000 for acts of exploiting or using precious and rare livestock gene
sources at variance with the regime on management and use thereof.
3. A fine of between VND 20,000,000 and VND
30,000,000 for acts of destroying precious and rare livestock gene sources.
4. Additional sanctioning forms and remedies:
a) Confiscation of material evidences and means
used to commit administrations, for violations specified in this Article.
b) Forcible application of remedies, for
violations specified in this Article.
Article 10. Violation
of regulations on international exchange of precious and rare livestock gene
sources
1. A fine of between VND 15,000,000 and VND
25,000,000 for acts of internationally exchanging precious and rare livestock
gene sources at variance with the contents of written approval of the Ministry
of Agriculture and Rural Development or the Ministry of Fisheries.
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3. Additional sanctioning forms:
Confiscation of material evidences and means
used to commit administrative violations, for violations specified in this
Article.
Article 11. Violation
of regulations on assay of new livestock breeds
1. A fine of between VND 3,000,000 and VND
5,000,000 on establishments for assaying livestock breeds without adequate
material and technical foundations as provided for or without technical workers
who are granted certificates of livestock breed assay.
2. A fine of between VND 5,000,000 and VND
15,000,000 on establishments assaying livestock breeds for committing one of
the following acts:
a) Assaying livestock breeds while having not
yet been recognized by competent State agencies for livestock breed assay.
b) Conducting assays not according to the
prescribed process;
c) Conducting assays at variance with the
prescribed contents.
3. A fine of between VND 10,000,000 and VND
15,000,000 for acts of trading in or exchanging on the market new livestock
breeds without assaying results.
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a) Forcing assaying establishments to take
remedies, for violations specified in Clauses 1 and 2 of this Article.
b) Confiscating breeds and means used to commit
administrative violations, for violations specified in Clause 3 of this
Article.
Article 12. Violation
of regulations on livestock breed production and trading
1. Caution or a fine of between VND 200,000 and
VND 500,000 shall be imposed on organizations or individuals that are subject
to business registration but fail to open breed-monitoring books according to
regulations.
2. A fine of between VND 3,000,000 and VND
5,000,000 for one of the following violation acts:
a) Keeping purebred, prototypal, grandparental or
nucleus breeds by establishments without specialized technicians of university
degree in veterinary or fisheries.
b) Keeping parental breeds by establishments
without technical workers possessing required professional certificates.
3. A fine of between VND 5,000,000 and VND
10,000,000 for acts of producing or trading in fake livestock breeds.
4. A fine of between VND 10,000,000 and VND
15,000,000 on establishments producing and/or trading in livestock breeds for
committing one of the following acts in production areas:
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b) Testing new veterinary drugs;
c) Testing new livestock feeds.
5. A fine of between VND 20,000,000 and VND
30,000,000 for acts of producing and/or trading in livestock breeds not on the
list of those permitted for production and/or trading.
6. Remedies and additional sanctioning forms:
a) Forcible compilation of books to monitor
breeds, for violations specified in Clause 1 of this Article;
b) Confiscation, change of use purposes or
destruction of breeds, for violations specified in Clause 3 of this Article;
c) Forcible suspension of testing, for
violations specified at Points a, b and c, Clause 4 of this Article;
d) Confiscation of new veterinary drugs or
livestock feeds, for violations specified at Points b and c, Clause 4 of this
Article, and means used for testing, for violations specified at Points a, b
and c, Clause 4 of this Article;
e) Forcible destruction of pathogens, for
violations specified at Point a, Clause 4 of this Article;
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Article 13. Violation
of regulations on production and/or trading of sperms, embryos, breeding eggs
and larva
1. Caution or a fine of between VND 200,000 and
VND 500,000 for acts of violating the regulations on hygienic and sterilization
conditions of equipment and tools used in the process of exploiting and
treating sperms and embryos.
2. A fine of VND 1,000,000 and VND 3,000,000 for
one of the following acts:
a) Producing sperms from breeding males, which
have not gone through individual productivity inspection;
b) Exploiting sperms, embryos, breeding eggs and
larva not from purebred, prototypal, nucleus or parental breed stocks.
3. A fine of between VND 2,000,000 and VND
5,000,000 for one of the following acts:
a) Exploiting, trading in sperms, breeding eggs
in dangerous epidemic-hit areas;
b) Making prepared or frozen sperms, frozen
embryos or breeding eggs not up to the prescribed quality standards;
c) Having no technicians trained and granted
certificates for artificial fertilization or embryonic inoculation;
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4. Remedies and additional sanctioning forms:
a) Forcible application of hygienic and
sterilization conditions, for violations specified in Clause 1 of this Article;
b) Suspension of operation, for violations
specified in Clause 2 of this Article;
c) Forcible destruction of sperms, embryos and
breeding eggs, for violations specified at Points a and b, Clause 3 of this
Article.
Article 14. Violation
of regulations on export of livestock breeds
1. A fine of between VND 10,000,000 and VND
20,000,000 for acts of exporting livestock breeds at variance with the contents
of written approval of the Ministry of Agriculture and Rural Development or the
Ministry of Fisheries.
2. A fine of between VND 20,000,000 and VND
30,000,000 for acts of exporting livestock breeds on the list of those banned
from export without written consent of the Ministry of Agriculture and Rural
Development or the Ministry of Fisheries.
3. Additional sanctioning forms:
Confiscation of livestock breeds, for violations
specified in this Article.
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1. A fine of between VND 10,000,000 and VND
20,000,000 for acts of importing into Vietnam livestock breeds on the list of
those permitted for production and/or trading but with the types, quantities or
standards different from those already registered for import.
2. A fine of between VND 20,000,000 and VND
30,000,000 for acts of importing into Vietnam livestock breeds not on the list
of those permitted for production and/or trading in Vietnam without written
consent of the Ministry of Agriculture and Rural Development or the Ministry of
Fisheries.
3. Remedies and additional sanctioning forms:
Forcible re-export; slaughtering or destruction
of livestock breeds, for violations specified in this Article in accordance
with the provisions of law.
Article 16. Violation
of regulations on labels and dossiers of livestock breeds
1. Caution or a fine of between VND 200,000 and
VND 1,000,000 for acts of trading in livestock breeds with breed labels or
dossiers which are, however, blurred and unreadable.
2. A fine of between VND 1,000,000 and VND
3,000,000 for acts of producing and/or trading in livestock breeds without
breed labels or dossiers or with breed labels or dossiers containing
insufficient information according to regulations on breed labeling and
dossiers.
3. A fine of between VND 5,000,000 and VND
10,000,000 for acts of counterfeiting labels or dossiers of livestock breeds being
circulated on market and already registered.
4. Additional sanctioning forms and remedies:
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b) Confiscation of breed labels and dossiers,
for violations specified in Clause 3 of this Article.
Article 17. Violation
of regulations on advertisement of livestock breeds
1. A fine of between VND 3,000,000 and VND
5,000,000 for acts of providing information on, or advertising for, livestock
breeds not on the list of those permitted for production and/or trading.
2. A fine of between VND 5,000,000 and VND
10,000,000, for one of the following acts:
a) Making advertisements for livestock breeds,
which are untruthful or untrue to their registered quality;
b) Making advertisements with contents lowering
the prestige or quality of livestock breeds of other organizations or
individuals.
Article 18. Violation
of regulations on announcement of livestock breed quality standards
1. Caution or a fine of between VND 1,000,000
and VND 3,000,000 for acts of producing livestock breeds without announcing
their quality standards, for livestock breeds on the list of those subject to
announcement of quality standards.
2. Remedies:
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Article 19. Violation
of regulations on announcement of standard compatibility in the production of
livestock breeds
1. Caution or a fine of between VND 200,000 and
VND 500,000 for acts of failing to announce standard conformity within the
prescribed time limit.
2. A fine of between VND 2,000,000 and VND
5,000,000 for acts of stamping or sticking standard conformity labels on produced
livestock breeds before announcing their standard conformity.
3. Remedies and additional sanctioning forms:
a) Forcible announcement of standard conformity
within the prescribed time limit, for violations specified in Clause 1 of this
Article;
b) Stopping the production or changing the use
purposes of the lots of breeds, for violations specified in Clause 2 of this
Article; in cases where the use purposes of such breeds cannot be changed, they
shall be destroyed.
Article 20. Violation
of regulations on quality of livestock breeds in trading
1. A fine of between VND 2,000,000 and VND
5,000,000 for acts of trading in livestock breeds without announcing their
quality standards according to regulations.
2. A fine of between VND 5,000,000 and VND
10,000,000 for acts of trading in livestock breeds of a quality not up to the
announced quality.
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4. Remedies and additional sanctioning forms:
a) Forcible announcement of quality standards of
livestock breeds, for violations specified in Clause 1 of this Article;
b) Forcible change of use purposes of the lots
of breeds, for violations specified in Clause 2 of this Article;
c) Forcible destruction of the lots of breeds,
for violations specified in Clause 3 of this Article.
Article 21. Violation
of regulations on breed productivity inspection
1. A fine of between VND 1,000,000 and VND
3,000,000 for one of the following violation acts committed in the inspection
of individual productivity of breeding males:
a) Failing to conduct inspection according to
the technical process;
b) Failing to assess and announce individual productivity
of breeding males.
2. A fine of between VND 3,000,000 and VND
5,000,000 on establishments keeping purebred, prototypal, nucleus or parental
breeds and breeding stocks for failing to inspect individual or population
productivity according to regulations.
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a) Having material, technical and technological
foundations which are unsuitable or fail to ensure conditions on veterinary
hygiene;
b) Having no technicians who are trained and
granted certificates for inspection of individual productivity of breeding
males.
4. Remedies:
a) Forcible application of remedies on breed
productivity inspection according to regulations, for violations specified in
Clauses l and 2 of this Article;
b) Forcible application of remedies, for
violations specified in Clause 3 of this Article.
Article 22. Violation
of regulations on administrative management of livestock breeds
1. A fine of between VND 1,000,000 and VND
3,000,000 for an act of modifying or erasing the following papers:
a) Livestock breed-business registration
certificates;
b) Professional certificates;
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2. A fine of between VND 3,000,000 and VND
5,000,000 for acts of letting others use one's own professional certificate.
3. A fine of between VND 5,000,000 and VND
10,000,000 for acts of making false declarations in dossiers of application for
papers defined at Points a, b and c, Clause 1 of this Article.
4. Additional sanctioning forms:
Withdrawal of, and deprivation of the right to
use, assorted papers, for violations specified in Clauses 1 and 2 of this
Article.
Chapter III
COMPETENCE TO SANCTION
ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF LIVESTOCK BREEDS
Article 23. Competence
of specialized inspectors to sanction administrative violations
1. Inspectors on duty have the power:
a) To serve caution or impose fines of up to VND
200,000;
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c) To apply remedies provided for at Points a, b
and d, Clause 3, Article 12 of the 2002 Ordinance on Handling of Administrative
Violations.
2. Chief inspectors of provincial/municipal
Agriculture and Rural Development Services or Fisheries Services have the
power:
a) To serve caution or impose fines of up to VND
20,000,000;
b) To deprive of the right to use practice
certificates or professional certificates, which are granted according to
competence by provincial/municipal Agriculture and Rural Development Services
or Fisheries Services;
c) To confiscate material evidences and means
used for commission of administrative violations;
d) To apply remedies provided for at Points a, b
and d, Clause 3, Article 12 of the 2002 Ordinance on Handling of Administrative
Violations.
3. Chief inspectors of the Ministry of
Agriculture and Rural Development and the Ministry of Fisheries have the power:
a) To serve caution or impose fines of up to VND
30,000,000;
b) To deprive of the right to use practice
certificates or professional certificates, which are granted according to
competence by the Ministry of Agriculture and Rural Development or the Ministry
of Fisheries;
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d) To apply remedies provided for at Points a, b
and d, Clause 3, Article 12 of the 2002 Ordinance on Handling of Administrative
Violations.
Article 24. Sanctioning
competence of presidents of People's Committees at all levels
Presidents of People's Committees at all levels
have the power to sanction administrative violations in the domain of livestock
breeds according to the provisions of Articles 28, 29 and 30 of the Ordinance
on Handling of Administrative Violations.
Article 25. Sanctioning
competence of other agencies
Apart from the persons defined in Articles 23
and 24 of this Decree, if the persons with sanctioning competence defined in
the Ordinance on Handling of Administrative Violations detect acts of
administrative violation on livestock breeds, related to the domains or
branches under their management, they shall have the power to impose sanctions
in accordance with their prescribed competence.
Article 26. Principles
for determining competence to sanction administrative violations in the domain
of livestock breeds
1. In cases where an administrative violation
falls under the sanctioning competence of many agencies, it shall be handled by
the agency accepting the dossiers first.
2. The sanctioning competence of the persons
defined in Articles 24 and 25 of this Decree means the competence applicable to
one administrative violation act.
3. In case of imposing fines, the sanctioning
competence shall be determined on the basis of the maximum level of the fine
bracket provided for each specific violation act.
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5. In cases where one person is sanctioned for
committing many acts of administrative violation, the sanctioning competence
shall be determined on the following principles:
a) If the sanctioning form and level provided
for each violation act fall under the competence of the sanctioning person,
such person shall still have the sanctioning competence.
b) If the sanctioning form and level provided
for one of the violation acts fall beyond the competence of the sanctioning
person, such person shall have to transfer the entire dossier of the violation
to an authority with sanctioning competence;
c) If violation acts fall under sanctioning
competence of many persons from various branches, the sanctioning competence
shall belong to the presidents of competent sanctioning People's Committees of
the localities where the violations are committed.
Article 27.
Authorization of the sanctioning of administrative violations
In cases where of the persons with competence to
sanction administrative violations defined in Articles 23 and 24 of this Decree
are absent, their authorized deputies shall have competence to sanction
administrative violations and take responsibility for their decisions.
Chapter IV
PROCEDURES FOR
SANCTIONING ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF LIVESTOCK BREEDS
Article 28. Procedures
for sanctioning administrative violations
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2. Organizations or individuals subject to
payment of fines shall have to pay them at places stated in the sanctioning
decisions and be given fine receipts. In remote areas, on rivers or the sea or
where travel is difficult or outside working hours, the fined individuals or
organizations may pay their fines to competent sanctioning persons and be given
fine receipts.
3. Except for cases of caution or fine of up to
VND 100,000, persons with competence to sanction administrative violations
shall issue sanctioning decisions on spot (according to simple procedures); all
administrative violation acts must be recorded in dossiers to be fully kept at
competent sanctioning agencies within the currently prescribed time limit.
4. When applying forms of confiscation of
material evidences and means of administrative violations, the persons with
competence to sanction such violations must strictly comply with the procedures
stipulated in Article 60 of the Ordinance on Handling of Administrative
Violations. The handling of confiscated material evidences and means of
administrative violations must comply with the provisions of Article 61 of the
Ordinance on Handling of Administrative Violations and Articles 31, 32, 33 and
34 of the Government's Decree No. 134/2003/ND-CP dated November 14, 2003
detailing the implementation of the Ordinance on Handling of Administrative
Violations.
5. The application of the sanctioning form of
deprivation of the right to use permits or practice certificates must comply
with the provisions of Article 59 of the Ordinance on Handling of
Administrative Violations and Article 11 of the Government's Decree No.
134/2003/ND-CP dated November 14, 2003 detailing the implementation of the
Ordinance on Handling of Administrative Violations.
6. The regime of management and use of fines
collected from administrative violations shall comply with the State's
regulations.
Article 29. Execution
of decisions sanctioning administrative violations and forcible execution of
such decisions
1. Organizations or individuals administratively
sanctioned under this Decree must strictly execute competent persons'
sanctioning decisions within 10 days (according to Article 64 of the Ordinance
on Handling of Administrative Violations, from the date of receiving such
decisions, except for cases otherwise provided for by the Ordinance on Handling
of Administrative Violations).
2. Organizations or individuals that are
sanctioned for administrative violations but refuse to voluntarily execute the
sanctioning decisions shall be forced to do so through measures provided in
Article 66 of the Ordinance on Handling of Administrative Violations. When
applying coercive measures, competent agencies and persons must abide by the
order and procedures provided for in Article 67 of the Ordinance on Handling of
Administrative Violations.
Article 30. Application
of measures to prevent administrative violations and ensure the sanctioning
thereof
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2. The competence, order and procedures for
application of measures to prevent administrative violations and ensure the
handling of administrative violations in the domain of livestock breeds shall
comply with the provisions of Articles 44, 45, 46, 47, 48 and 49 of the
Ordinance on Handling of Administrative Violations.
Chapter V
COMPLAINTS,
DENUNCIATIONS AND HANDLING OF VIOLATIONS
Article 31. Complaints,
denunciations
1. Organizations or individuals sanctioned for
administrative violations in the domain of livestock breeds or their lawful
representatives have the right to complain about decisions sanctioning their
administrative violations, decisions on the application of preventive measures
and assurance of handling of administrative violations.
2. Individuals have the right to denounce to
competent State agencies about unlawful acts in handling of administrative
violations in the domain of livestock breeds.
3. The competence, procedures, statute of
limitations and time limit for settling complaints and denunciations shall
comply with the provisions of the legislation on complaints and denunciations.
Article 32.
Commendation, rewarding
1. Organizations and individuals that record
achievements in the prevention of, and fight against, administrative violations
in the domain of livestock breeds shall be commended/rewarded according to the
provisions of the legislation on commendation and rewarding.
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Article 33. Handling of
violations committed by persons competent to sanction administrative violations
1. Persons with competence to sanction
administrative violations in the domain of livestock breeds who commit acts of
harassing, tolerating, covering, not handling or handling ultra vires
violations, appropriating or illegally using money, obstructing the circulation
of lawful goods, thus causing losses to organizations or individuals shall,
depending on the nature and seriousness of their violations, be disciplined or
examined for penal liabilities; if causing damage, they have to pay
compensations therefor in accordance with the provisions of law.
2. If persons with sanctioning competence in the
domain of livestock breeds fail to impose sanctions within the statute of
limitations, they shall be handled in accordance with the provisions of Article
121 of the Ordinance on Handling of Administrative Violations and Clause 2,
Article 10 of the Government's Decree No. 134/2003/ND-CP dated November 14,
2003 detailing the implementation of a number of articles of the 2002 Ordinance
on Handling of Administrative Violations.
Article 34. Handling of
violations committed by persons sanctioned for administrative violations
If persons handled for administrative violations
commit acts of opposing officials on duty, deliberately delaying or avoiding
the execution of sanctioning decisions or committing other violation acts, they
shall, depending on the nature and seriousness of their violations, be
sanctioned for such administrative violations or examined for penal
liabilities; if causing damage, they have to pay compensations therefor in
accordance with the provisions of law.
Chapter VI
IMPLEMENTATION PROVISIONS
Article 35.
Implementation effect
This Decree takes effect 15 days after its
publication in "CONG BAO".
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1. The Minister of Agriculture and Rural
Development and the Minister of Fisheries shall have to guide the implementation
of this Decree.
2. The ministers, the heads of the
ministerial-level agencies, the heads of the Government-attached agencies and
the presidents of the provincial/municipal People's Committees shall have to
organize the implementation of this Decree.
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai