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GOVERNMENT OF
VIETNAM
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 211/2026/ND-CP
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Hanoi, June 16, 2026
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DECREE
ON PENALTIES FOR ADMINISTRATIVE VIOLATIONS IN THE FIELD OF
ANIMAL HUSBANDRY
Pursuant to the Law on
Government Organization No. 63/2025/QH15;
Pursuant to the Law on
Penalties for Administrative Violations No. 15/2012/QH13 (amended by the Law
No. 67/2020/QH14 and Law No. 88/2025/QH15);
Pursuant to the Law on
Animal Husbandry No. 32/2018/QH14 (amended by the Law No. 146/2025/QH15);
At the request of
Ministry of Agriculture and Environment;
The Government
promulgates the Decree on penalties for administrative violations in the field
of animal husbandry.
Chapter I
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Article 1. Scope
1. This Decree regulates
administrative violations, penalties, fines, remedial measures, the authority
to prepare records of administrative violations, the authority to impose
penalties, and the implementation of remedial measures for administrative
violations in the field of animal husbandry.
2. Penalties for other
administrative violations in the field of animal husbandry that are not
prescribed in this Decree shall be applied in accordance with relevant Decrees
of the Government on penalties for administrative violations in the field of
state management.
Article 2. Regulated
entities
1. This Decree applies to
organizations and individuals committing administrative violations in the field
of animal husbandry within the territory of Vietnam.
2. Organizations that are
subject to administrative penalties as prescribed in this Article include:
a) State authorities
committing violations that are not within their assigned state management
responsibilities;
b) Economic organizations
established in accordance with the Law on Enterprises;
c) Cooperative groups,
cooperatives, cooperative unions and other organizations established in
accordance with the Law on Cooperatives;
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dd) Socio-political
organizations, social organizations, socio-professional organizations;
e) Other organizations
established in accordance with the laws.
3. Households and business
households registering their business in accordance with the laws that commit
violations prescribed in this Decree shall be subject to penalties applicable
to individuals.
Article 3. Statute of
limitations for administrative penalties, completed administrative violations,
ongoing administrative violations, repeated administrative violations
1. Statute of limitations
for administrative penalties in the field of animal husbandry is 01 year. For
administrative violations in production, trading, import or export of animal
breeds, animal feed, animal waste treatment products, animal products, and live
animals for slaughter as prescribed in clause 3, Article 7; clause 2 and point
b, clause 3, Article 8; Article 9; Article 10; clauses 4 and 5, Article 11;
Article 12; clauses 2, 3, 6 and 7, Article 14; Article 16; clauses 2 and 3,
Article 17; Article 18; Article 19; Article 20; Article 21; Article 22; clauses
1, 2, 3, 4, 5 and 6, Article 30; clauses 1, 4, 5, 6 and 7, Article 31; and
Article 32 of this Decree, the statute of limitations for administrative
penalties shall be 02 years.
2. The determination of
completed administrative violations and ongoing administrative violations shall
comply with clause 1, Article 8 of Decree No. 118/2021/ND-CP dated December 23,
2021 of the Government elaborating some articles and measures for implementation
of the Law on Penalties for Administrative Violations (amended by Decree No.
68/2025/ND-CP dated March 18, 2025 of the Government and Decree No.
190/2025/ND-CP dated July 01, 2025 of the Government).
3. Penalties for repeated
administrative violations shall be handled in accordance with the following
regulations:
a) If organizations and
individuals committing a violation multiple times, they shall be subject to a
penalty for each violation, except for repeated administrative violations
prescribed in point b of this clause;
b) If organizations and
individuals repeatedly committing violations prescribed in Article 12; clause
3, Article 14; clause 3, Article 15; Article 16; Article 17; Article 18;
Article 19; Article 20; Article 21; Article 22; clause 4, Article 27; Article
30; clause 1, point a clause 3, clause 4, clause 5 and clause 6, Article 31;
and point b, clause 1 and clause 2, Article 32 of this Decree, they shall be
subject to the aggravating factor of repeated administrative violations.
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1. For each administrative
violation regarding animal husbandry, organizations and individuals shall be
subject a warning or a monetary fine.
2. The following
additional penalties shall be applied:
a) Suspension for a
definite period of the right to use the Certificate for practicing in
artificial insemination and embryo transfer techniques for animal breeding, or
suspension of operations for a definite period;
b) Confiscation of
exhibits and means of administrative violations.
3. The following remedial
measures shall be applied:
Except for remedial
measures prescribed in points a, c, d, dd, e, h and i, clause 1, Article 28 of
the Law on Penalties for Administrative Violations, organizations and
individuals committing violations as prescribed in this Decree shall be subject
to the following remedial measures:
a) Compulsory recycling of
animal feed products and animal waste treatment products;
b) Compulsory conversion
of the use purpose of animal feed products, animal breeds, animal breeding
products, animal products, and animal waste treatment products;
c) Compulsory amendment of
the information on product labels or in technical documents attached to batches
of animal feed products or animal waste treatment products;
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dd) Compulsory release of
swiftlets into their natural habitat;
e) Compulsory
implementation of noise reduction measures in accordance with the laws;
g) Compulsory relocation
of animal or farms from areas where animal husbandry is prohibited in
accordance with the laws;
h) Compulsory slaughter of
animals that have been subjected to forced water injection, and heat treatment
of animal products;
i) Compulsory reduction of
the scale of animal husbandry in accordance with prescribed distance
requirements;
k) Return of any
Certificate of eligibility for animal feed production, Certificate of
eligibility for production of animal waste treatment products, Certificate for
practicing in artificial insemination and embryo transfer techniques for animal
breeding, or Certificate of eligibility for large-scale farm operations that has
been erased or altered to the issuing authority;
l) Compulsory relocation
of bee colonies in accordance with prescribed distance requirements;
m) Compulsory maintenance
of animal by the farming establishment that fed animals with prohibited
chemicals, biological products or microorganisms in animal feed until testing
confirms that no residues of such prohibited chemicals, biological products, or
microorganisms remain before they are allowed to sold or slaughter such animal.
4. The penalties for
administrative penalties in the electronic environment shall comply with
Articles 28a and 28b of Decree No. 118/2021/ND-CP dated December 23, 2021 of
the Government on some articles and enforcement of the Law on Penalties for
Administrative Violations (amended by Decree No. 68/2025/ND-CP dated March 18,
2025 and Decree No. 190/2025/ND-CP dated July 01, 2025).
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1. For cases where
violating entities are forced to return any Certificate of eligibility for
animal feed production, Certificate of eligibility for production of animal
waste treatment products, Certificate for practicing in artificial insemination
and embryo transfer techniques for animal breeding, or Certificate of
eligibility for large-scale farm operations (hereinafter referred to as
“certificate”) that has been erased or altered to the issuing authority, the
following regulations shall be applied:
a) At the time of issuance
of the Decision on imposition of administrative penalties including the
remedial measure of return of any certificate that has been erased or altered,
if such certificate is still being retained by a competent person in accordance
with points a and b, clause 1, Article 125 of the Law on Penalties for
Administrative Violations, within 02 working days from the issuance of the
Decision, the person who issued the Decision shall send a written request
attached with the Decision and the certificate that has been erased or altered
to the authority or person that issued such certificate;
b) If the case is not
subject to point a of this clause, violating entities shall return any
certificate that has been erased or altered to the authority or person that
issued such certificate within the period prescribed in the Decision on
imposition of administrative penalties, and shall bear all costs incurred in
implementing remedial measures;
c) Violating entities
shall return original certificate that has been erased or altered to the
authority or person that issued such certificate. The return of certificate
that has been erased or altered shall not apply to those issued and archived in
electronic form. In such circumstances, the person who issued the decision on
imposition of penalties shall provide written notification to the authority or
person that issued the certification for handling in accordance with the laws.
2. For cases where the
violating entities are forced to return the illegal gains, the determination of
the amount of illegal gains shall be carried out as follows:
a) The determination of
the amount of illegal gains shall be carried out by the person competent to
impose administrative penalties and shall be prescribed in the decision on
imposition of penalties or in the decision on the application of remedial
measures;
b) The illegal gains shall
be determined from the time that the violating entity committed the
administrative violation until the time the violation ceased, or until an
decision on imposition of penalties or a decision on the application of
remedial measures is issued;
c) In cases where an
organization or individual commits more than one administrative violation, the
illegal gains shall be determined separately for each violation. Where an
organization or individual commits the same administrative violation on
multiple occasions, the illegal gains obtained from such violation shall be
determined separately for each occurrence;
d) The illegal gains
obtained from administrative violations as prescribed in this Decree shall
include objects, sums of money, valuable objects, or other assets obtained from
violation on the basis of contracts or agreements entered into by the violating
entity. Such illegal gains shall be returned to the state budget;
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The monetary illegal gains
shall be the entire amount received by the violating entity from the violation,
and shall be determined on the basis of the revenue generated from the
transfer, distribution, sale or consumption of the infringing goods or the
provision of the infringing services after deducting the direct costs of such
goods or services according to documents and proofs that are provided by the
violating entity in order to demonstrate the legality and validity of those
costs.
The basis for determining
the amount of money obtained by the violating entity from the administrative
violation shall be calculated as follows: Amount illegal gains (=) quantity or
volume of transferred or sold goods (×) unit price of the goods or services (−)
direct costs constituting the goods or services (if the violating entity
possesses sufficient documents and proofs to prove the legality and validity of
such costs). To be specific:
The quantity of goods that
have been transferred or sold shall be determined on the basis of the
declaration made by the violating entity, and the inspection and verification
conducted by the person competent to impose administrative penalties.
The unit price of the
goods or services shall be determined on the basis of documents and proofs of
the violating entity. Where there are no documents or proofs available to
determine the unit price, the unit price shall be determined according to the
market price of similar goods or services at the time the violation is
discovered. Where the quantity, volume or unit price cannot be determined, the
illegal gains shall consist of the total amount of money obtained by the
organization or individual from the illegal transfer, sale, disposal or
destruction.
Illegal gains in the form
of objects or other assets obtained by the violating entity from the
administrative violation shall consist of other assets as prescribed by the
Civil Code.
Article 6. Fines and
authority for imposing administrative penalties
1. The maximum fine for
individuals and organizations committing administrative violations in the field
of animal husbandry is 100.000.000 VND and 200.000.000 VND respectively.
2. The fines prescribed in
Chapter II of this Decree shall be imposed on violations of individuals. For
the same act of administrative violations, the fines for organizations are
twice as much as the fines for individuals.
3. The authority to impose
penalties of each title prescribed in Chapter III of this Decree applies to a
single administrative violation committed by an individual. In cases of
imposing fines, the fines on organizations are twice as much as that on
individuals.
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ADMINISTRATIVE VIOLATIONS,
PENALTIES AND REMEDIAL MEASURES
Section 1. VIOLATIONS
REGARDING ANIMAL BREEDS
Article 7. Violations
regarding collection, preservation, utilization and development of animal
genetic resources
1. A fine of from VND
15.000.000 to VND 20.000.000 shall be imposed on the act of exploiting animal
genetic resources included in the List of animal breeds subject to conservation
against the content approved by the state competent authority.
2. A fine of from VND
20.000.000 to VND 25.000.000 shall be imposed on the act of exploiting animal
genetic resources included in the List of animal breeds subject to conservation
without approval from the state competent authority.
3. A fine of from VND
25.000.000 to VND 30.000.000 shall be imposed on the act of slaughtering,
trading, destroying, exporting or using new animal genetic resources without
obtaining the appraisal and evaluation results of the state competent authority.
4. A fine of from VND
30.000.000 to VND 40.000.000 shall be imposed on the act of destroying and
misappropriating animal genetic resources.
5. A fine of from VND
40.000.000 to VND 50.000.000 shall be imposed on the act of destroying and
misappropriating precious and rare animal genetic resources.
6. The following
additional penalties shall be applied:
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7. The following remedial
measures shall be applied:
The entity committing
violations prescribed in this Article is forced to return the amount equivalent
to the value of evidences and means of administrative violations that have been
illegally consumed, dispersed or destroyed.
Article 8. Violations
regarding animal breeds prohibited from export, and the exchange of precious
and rare animal genetic resources
1. A fine of from VND
15.000.000 to VND 20.000.000 shall be imposed on the act of exchanging precious
and rare animal genetic resources against the approved content of the Minister
of Agriculture and Environment.
2. A fine of from VND
20.000.000 to VND 30.000.000 shall be imposed on the act of exporting or
engaging in the international exchange of animal breeds and animal breeding
products included in the List of animal breeds prohibited from export for
scientific research, exhibition, or advertising purposes in a manner
inconsistent with the approval of the Minister of Agriculture and Environment.
3. A fine of from VND
40.000.000 to VND 50.000.000 shall be imposed on any of the following acts:
a) Exchanging precious and
rare animal genetic resources without the approval of the Minister of
Agriculture and Environment;
b) Exporting or engaging
in the international exchange of animal breeds and animal breeding products
included in the List of animal breeds prohibited from export for scientific
research, exhibition, or advertising purposes without the approval of the
Minister of Agriculture and Environment.
4. The following additional
penalties shall be applied:
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5. The following remedial
measures shall be applied:
The entity committing
violations prescribed in this Article is forced to return the amount equivalent
to the value of evidences and means of administrative violations that have been
illegally consumed, dispersed or destroyed.
Article 9. Violations
regarding import of animal breeds and animal breeding products
1. A fine of from VND
5.000.000 to VND 7.000.000 shall be imposed on the act of importing animal
breeds or animal breeding products that have not been certified by the
competent authority, or by an organization authorized by the competent
authority of the exporting country with respect to breeding quality and their
intended use for breeding or breed development purposes.
2. The following remedial
measures shall be applied:
The violating animal
breeds or animal breeding products as prescribed in clause 1 of this Article
are forced to be removed from the territory of the Socialist Republic of
Vietnam, or re-exported. Where removal from the territory of the Socialist
Republic of Vietnam or re-export is not possible, the violating entity shall
change the purpose of use of such animal breeds or animal breeding products. If
such change is not possible, the animal breeds or animal breeding products
shall be destroyed.
Article 10. Violations
regarding conditions for the production and trading of animal breeding stock
1. A fine of from VND
3.000.000 to VND 5.000.000 shall be imposed on the act of trading in animal
breeding stock without archiving documents, or archiving documents that do not
include updated information regarding the trading of animal breeding stock.
2. A fine of from VND
5.000.000 to VND 7.000.000 shall be imposed on the act of producing any type of
animal breed without archiving breed documents, failing to keep breed documents
fully updated, failing to archive breed documents, or archiving incomplete
breed documents as prescribed by laws.
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4. A fine of from VND
10.000.000 to VND 15.000.000 shall be imposed on the act of producing or
trading new animal breeding lines or new animal breeds that have not yet
obtained recognized testing results, recognized results of a ministerial-level
or national-level science and technology task, or approval of the competent
authority.
5. The following remedial
measures shall be applied:
The violating entity is
forced to recall any breeding line or animal breed that has been placed on the
market, and change their intended purpose of use regarding violations
prescribed in clause 4 of this Article. If such change is not possible, the
animal breeds or animal breeding products shall be destroyed.
Article 11. Violations
regarding conditions for the production and trading of semen, embryos, breeding
eggs and larvae
1. A fine of from VND
500.000 to VND 1.000.000 shall be imposed on the act of using a breeding male
for direct mating for commercial purposes without maintaining breed documents,
or for using a breeding male of which quality has not been inspected and
evaluated.
2. A fine of from VND
1.000.000 to VND 3.000.000 shall be imposed on any of the following acts related
to the trading of animal semen or embryos:
a) Storing animal semen or
embryos in facilities that are not separated from pesticides or hazardous
chemicals, or that are contaminated by such substances;
b) Failing to maintain
documents for tracking the storage and trading of semen and embryos.
3. A fine of from VND
3.000.000 to VND 5.000.000 shall be imposed on any individual providing
artificial insemination or animal embryo transfer services who fails to
maintain documents containing information on the animal owner, identification
number of the breeding male and breeding female, date of mating and the number
of mating attempts as prescribed by laws.
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5. A fine of from VND
7.000.000 to VND 10.000.000 shall be imposed on any of the following acts
related to the production of animal semen, embryos, breeding eggs or larvae:
a) Failing to maintain
documents on supervision of semen quality indicators during the inspection and
collection of semen from breeding males;
b) Failing to possess
specialized equipment that satisfies technical requirements for the production,
inspection, evaluation, storage and transportation of semen, embryos, breeding
eggs or larvae;
c) Producing semen from
breeding males that have not undergone individual performance evaluation or
that fail to satisfy quality standards as prescribed by laws;
d) Harvesting breeding eggs
from flocks that do not qualify as parent breeding stock or an equivalent or
higher level, except in cases where the eggs are collected in the wild.
6. The following remedial
measures shall be applied:
The violating entity is
forced to change their intended purpose of use of the semen or breeding eggs
regarding violations prescribed in points c and d, clause 5 of this Article. If
such change is not possible, the semen or breeding eggs shall be destroyed.
Article 12. Violations
regarding the quality of animal breeds in production and trading activities
1. A fine of from VND
5.000.000 to VND 10.000.000 shall be imposed on the act of producing or trading
animal breeds where each quality indicator is lower than the declared standard
in respect of a batch of goods valued at less than VND 50.000.000.
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3. The following remedial
measures shall be applied:
The violating entity is
forced to recall any animal breed that has been placed on the market, and
change their intended purpose of use regarding violations prescribed in this
Article. If such change is not possible, such animal breed shall be destroyed.
Article 13. Violations
regarding practicing certificates
1. A fine of from VND
3.000.000 to VND 5.000.000 shall be imposed on any of the following acts:
a) Borrowing, lending,
renting or leasing the Certificate for practicing in artificial insemination
and embryo transfer techniques for animal breeding for providing artificial
insemination or embryo transfer services;
b) Providing artificial
insemination or embryo transfer services without possessing a valid Certificate
for practicing in artificial insemination and embryo transfer techniques for
animal breeding.
2. A fine of from VND
5.000.000 to VND 10.000.000 shall be imposed on the act of erasing or altering
the Certificate for practicing in artificial insemination and embryo transfer
techniques for animal breeding.
3. The following
additional penalties shall be applied:
The Certificate for
practicing in artificial insemination and embryo transfer techniques for animal
breeding shall be revoked for 01 to 03 months for violations prescribed in
point a, clause 1 of this Article.
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The violating entity shall
return the Certificate for practicing in artificial insemination and embryo
transfer techniques for animal breeding that has been erased or altered to
competent authority or person that issued the Certificate regarding violations
prescribed in clause 2 of this Article.
Section 2
VIOLATIONS REGARDING ANIMAL
FEED
Article 14. Violations
regarding conditions for animal feed production facilities
1. A fine of from VND
3.000.000 to VND 5.000.000 shall be imposed on any of the following acts:
a) Failing to have
production lines and equipment suitable for the production of animal feed as
prescribed by laws;
b) Failing to control
pests, contaminants and waste materials that may cause contamination or
adversely affect the safety and quality of animal feed;
c) Failing to conduct inspection,
calibration or adjustment of equipment and measuring instruments in accordance
with the laws;
d) Failing to conduct
quality analysis of animal feed products during the production process;
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e) Failing to collect and
treat waste in order to prevent contamination of animal feed products;
g) Failing to design the
production area and arrange equipment in accordance with a one-way production
flow from input materials to finished products to ensure the separation between
production areas to prevent cross-contamination, except where raw materials and
finished products are sealed in packaging or where production areas are
separately arranged;
h) Failing to implement
measures for storage of animal feed ingredients in accordance with
recommendations of the supplier.
2. A fine of from VND
3.000.000 to VND 5.000.000 shall be imposed on the act of producing animal feed
that contains antibiotics without implementing control measures to prevent
dispersion or cross-contamination between different types of antibiotics, and
between animal feed containing antibiotics and animal feed not containing
antibiotics.
3. A fine of from VND
10.000.000 to VND 15.000.000 shall be imposed on the act of producing each
animal feed product of which information has not been published on the
electronic information portal of the Ministry of Agriculture and Environment.
4. A fine of from VND 15.000.000
to VND 20.000.000 shall be imposed on the act of erasing or altering the
Certificate of eligibility for animal feed production.
5. A fine of from VND
20.000.000 to VND 25.000.000 shall be imposed on animal feed production
facilities that are located in an area contaminated by hazardous waste or toxic
chemicals and fail to implement measures to prevent and mitigate the risk of
contamination.
6. A fine of from VND
25.000.000 to VND 30.000.000 shall be imposed on the act of producing animal
feed during the period in which the production has been suspended by a state
competent authority.
7. A fine of from VND
30.000.000 to VND 35.000.000 shall be imposed on the act of producing animal
feed without a Certificate of eligibility for animal feed production.
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a) The production of
animal feed shall be suspended for 01 – 03 months for violations prescribed in
clauses 3 and 5 of this Article;
b) The Certificate of
eligibility for animal feed production shall be revoked for 01 – 03 months for
violations prescribed in clause 6 of this Article;
9. The following remedial
measures shall be applied:
a) The violating entity is
forced to recall any animal feed product that has been placed on the market,
and change their intended purpose of use regarding violations prescribed in
clauses 3, 6 and 7 of this Article. If such change is not possible, such
product shall be destroyed;
b) The violating entity is
forced to return the Certificate of eligibility for animal feed production that
is erased or altered to the competent authority issuing the Certificate
regarding violations prescribed in clause 4 of this Article;
c) The violating entity is
forced to return the illegal gains obtained from committing violations
prescribed in clauses 3, 6 and 7 of this Article.
Article 15. Violations
regarding conditions for product information disclosure and obligations of
animal feed production facilities
1. A fine of from VND 1.000.000
to VND 3.000.000 shall be imposed on the act of changing information on a
product label that has been published on the electronic information portal of
the Ministry of Agriculture and Environment without declaring such changes in
accordance with the laws.
2. A fine of from VND
3.000.000 to VND 5.000.000 shall be imposed on any of the following acts:
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b) Failing to carry out
quality control procedures, or failing to fully carry out such procedures;
c) Failing to record and
archive production logs as prescribed by laws.
3. A fine of from VND
5.000.000 to VND 7.000.000 shall be imposed on the act of erasing and altering
documents, or making false declaration in the dossier on self-disclosure of
information for each animal feed product on the electronic information portal
of the Ministry of Agriculture and Environment.
4. A fine of from VND
7.000.000 to VND 10.000.000 shall be imposed on the act of failing to comply with
a request for supervision and evaluation of the maintenance of conditions for
animal feed production.
5. The following
additional penalties shall be applied:
The production of animal
feed shall be suspended for 01 – 03 months for violations prescribed in clause
4 of this Article
6. The following remedial
measures shall be applied:
The violating entity is
forced to correct false information on the electronic information portal of the
Ministry of Agriculture and Environment regarding violations prescribed in
clause 3 of this Article.
Article 16. Violations
regarding quality of animal feed production
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2. A fine of from VND
7.000.000 to VND 10.000.000 shall be imposed on the act of producing an animal
feed product in which the quantitative content of any quality indicator is
lower than the minimum level or higher than the maximum level by from 2% to
less than 5% compared to the declared applicable standard or the information in
the product label, or where any safety indicator exceeds the requirements
prescribed in the corresponding technical regulation or the declared applicable
standard by from 2% to less than 5%.
3. A fine of from VND
5.000.000 to VND 10.000.000 shall be imposed on the act of producing an animal
feed product in which the quantitative content of any quality indicator that is
not a principal constituent is lower than the minimum level or higher than the
maximum level by from 5% to less than 15% compared to the declared applicable
standard or the information in the product label.
4. A fine of from VND
10.000.000 to VND 15.000.000 shall be imposed on any of the following acts
related to production of animal feed that has:
a) A quantitative content
of any quality indicator that is not a principal constituent lower than the
minimum level or higher than the maximum level by from 15% to less than 30% compared
to the declared applicable standard or the information in the product label;
b) A quantitative content
of any principal constituent lower than the minimum level or higher than the
maximum level by from 5% to less than 15% compared to the declared applicable
standard or the information in the product label.
5. A fine of from VND
15.000.000 to VND 20.000.000 shall be imposed on any of the following acts
related to production of animal feed that has:
a) A quantitative content
of any quality indicator that is not a principal constituent lower than the
minimum level or higher than the maximum level by 30% or more compared to the
declared applicable standard or the information in the product label;
b) A quantitative content
of any principal constituent lower than the minimum level or higher than the
maximum level by from 15% to less than 30% compared to the declared applicable
standard or the information in the product label.
6. A fine of from VND
20.000.000 to VND 25.000.000 shall be imposed on any of the following acts
related to production of animal feed that has:
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b) A quantitative content
of any safety indicator that exceeds the maximum permissible level by 5% or
more compared to the limits prescribed in the applicable technical regulation
or the declared applicable standard.
7. The following remedial
measures shall be applied:
The violating entity is
forced to recall and recycle the batch of animal feed products that are
involved in violations prescribed in clauses 2, 3, 4, 5 and 6 of this Article.
If such products cannot be recycled, the violating entity shall change the
purpose of use of such products. If such change is not possible, such products
shall be destroyed.
Article 17. Violations
regarding trading and import of animal feed
1. A fine of from VND
5.000.000 to VND 7.000.000 shall be imposed on animal feed importing facilities
for the following violations:
a) Erasing and altering
documents, or making false declaration in the application for registration for
inspection and certification of the quality of each animal feed product on the
National Single Window Portal;
b) Erasing and altering
documents, or making false declaration in the dossier on self-disclosure of
information for each animal feed product on the electronic information portal
of the Ministry of Agriculture and Environment.
2. A fine of from VND
7.000.000 to VND 10.000.000 shall be imposed on any of the following acts:
a) Trading in each animal
feed product of which information has not been published on the electronic
information portal of the Ministry of Agriculture and Environment;
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3. A fine of from VND
7.000.000 to VND 10.000.000 shall be imposed on the act of using each imported
animal feed product for a purpose other than that prescribed in the import
permit for display at fairs or exhibitions, adaptation trials, research,
testing, laboratory analysis, or production or processing for export purposes.
4. The following
additional penalties shall be applied:
The trading and import of
animal feed shall be suspended for 01 – 03 months for violations prescribed in
clause 2 of this Article
5. The following remedial
measures shall be applied:
a) The violating entity is
forced to correct false information on the electronic information portal of the
Ministry of Agriculture and Environment regarding violations prescribed in
point b, clause 1 of this Article;
b) The violating entity is
forced to recall any animal feed product that has been placed on the market,
and change their intended purpose of use regarding violations prescribed in
point a, clause 2 of this Article. If such change is not possible, such product
shall be destroyed;
c) The violating batch of
animal feed products as prescribed in point b, clause 2 of this Article is
forced to be removed from the territory of the Socialist Republic of Vietnam,
or re-exported. Where removal from the territory of the Socialist Republic of
Vietnam or re-export is not possible, the violating entity shall change the
purpose of use of such products. If such change is not possible, the products
shall be destroyed;
d) The violating entity is
forced to recall and destroy the batch of animal feed products that are
involved in violations prescribed in clause 3 of this Article;
dd) The violating entity
is forced to return the illegal gains obtained from committing administrative
violations prescribed in clause 2 of this Article.
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1. A warning shall be
imposed on the act of trading in each animal feed product of which quantitative
content of any quality indicator is lower than the minimum level or higher than
the maximum level by less than 2% compared to the declared standard or the
information in the product label, or where any safety indicator deviates by
less than 2% from the requirements prescribed in the technical regulation or
the declared applicable standard.
2. A fine of from VND
2.000.000 to VND 3.000.000 shall be imposed on the act of trading in each
animal feed product of which quantitative content of any quality indicator is
lower than the minimum level or higher than the maximum level by from 2% to
less than 5% compared to the declared standard or the information in the
product label, or where any safety indicator exceeds the limits prescribed in
the technical regulation or the declared applicable standard by from 2% to less
than 5%.
3. A fine of from VND
3.000.000 to VND 5.000.000 shall be imposed on the act of trading in each
animal feed product of which quantitative content of any quality indicator that
is not a principal constituent is lower than the minimum level or higher than
the maximum level by from 5% to less than 15% compared to the declared
applicable standard or the information in the product label.
4. A fine of from VND
5.000.000 to VND 7.000.000 shall be imposed on any of the following acts
related to trading in each animal feed product that has:
a) A quantitative content
of any quality indicator that is not a principal constituent lower than the
minimum level or higher than the maximum level by from 15% to less than 30%
compared to the declared applicable standard or the information in the product
label;
b) A quantitative content
of any principal constituent lower than the minimum level or higher than the
maximum level by from 5% to less than 15% compared to the declared applicable
standard or the information in the product label.
5. A fine of from VND
7.000.000 to VND 10.000.000 shall be imposed on the act of trading in each
animal feed product of which quantitative content of any quality indicator that
is not a principal constituent is lower than the minimum level or higher than
the maximum level by 30% or more compared to the declared applicable standard
or the information in the product label.
6. A fine of from VND
10.000.000 to VND 15.000.000 shall be imposed on the act of trading in each
animal feed product of which quantitative content of any principal constituent
is lower than the minimum level or higher than the maximum level by from 15% to
less than 30% compared to the declared applicable standard or the information
in the product label.
7. A fine of from VND
15.000.000 to VND 20.000.000 shall be imposed on any of the following acts
related to trading in each animal feed product that has:
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b) A quantitative content
of any safety indicator that exceeds the maximum permissible level by 5% or
more compared to the limits prescribed in the applicable national technical
regulation or the declared applicable standard.
8. The following remedial
measures shall be applied:
The violating entity is
forced to recall and recycle the batch of animal feed products that are
involved in violations prescribed in clauses 2, 3, 4, 5, 6 and 7 of this
Article. If such products cannot be recycled, the violating entity shall change
the purpose of use of such products. If such change is not possible, such
products shall be destroyed.
Article 19. Violations
regarding quality of import of animal feed
1. A warning shall be
imposed on the act of importing each animal feed product of which quantitative
content of any quality indicator is lower than the minimum level or higher than
the maximum level by less than 2% compared to the declared applicable standard
or the information in the product label, or where any safety indicator deviates
by less than 2% from the requirements prescribed in the applicable technical
regulation or the declared applicable standard.
2. A fine of from VND 3.000.000
to VND 5.000.000 shall be imposed on the act of importing each animal feed
product of which quantitative content of any quality indicator is lower than
the minimum level or higher than the maximum level by from 2% to less than 5%
compared to the declared applicable standard or the information in the product
label, or where any safety indicator exceeds the limits prescribed in the
applicable technical regulation or the declared applicable standard by from 2%
to less than 5%.
3. A fine of from VND 5.000.000
to VND 10.000.000 shall be imposed on the act of importing each animal feed
product of which quantitative content of any quality indicator that is not a
principal constituent is lower than the minimum level or higher than the
maximum level by from 5% to less than 15% compared to the declared applicable
standard or the information in the product label.
4. A fine of from VND
10.000.000 to VND 15.000.000 shall be imposed on any of the following acts
related to import of each animal feed product that has:
a) A quantitative content
of any quality indicator that is not a principal constituent lower than the
minimum level or higher than the maximum level by from 15% to less than 30%
compared to the declared applicable standard or the information in the product
label;
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5. A fine of from VND
15.000.000 to VND 20.000.000 shall be imposed on any of the following acts
related to import of each animal feed product that has:
a) Any harmful
microorganism indicator exceeding the permissible limit prescribed in the
applicable technical regulation or the declared applicable standard;
b) A quantitative content
of any safety indicator that exceeds the maximum permissible level by from 5%
to less than 30% compared to the limits prescribed in the applicable technical
regulation or the declared applicable standard;
c) A quantitative content
of any principal constituent lower than the minimum level or higher than the
maximum level by from 15% to less than 30% compared to the declared applicable
standard or the information in the product label;
d) A quantitative content
of any quality parameter that is not a principal constituent lower than the
minimum level or higher than the maximum level by 30% or more compared to the
declared applicable standard or the information in the product label.
6. A fine of from VND
20.000.000 to VND 25.000.000 shall be imposed on the act of importing each
animal feed product of which quantitative content of any safety indicator
exceeds the maximum permissible level by 30% or more compared to the limits
prescribed in the applicable technical regulation or the declared applicable
standard.
7. The following remedial
measures shall be applied:
a) The violating entity is
forced to amend the quality information in the label of the animal feed product
or in the technical documents of the batch of animal feed products if such
amendment does not adversely affect animal regarding violations prescribed in
clauses 2, 3 and 4 of this Article. Where the information cannot be amended,
the products shall be removed from the territory of the Socialist Republic of
Vietnam, or re-exported. Where removal from the territory of the Socialist
Republic of Vietnam or re-export is not possible, the violating entity shall
change the purpose of use of such products. If such change is not possible, the
products shall be destroyed;
b) The violating batch of
animal feed products as prescribed in clauses 5 and 6 of this Article is forced
to be removed from the territory of the Socialist Republic of Vietnam, or
re-exported. Where removal from the territory of the Socialist Republic of
Vietnam or re-export is not possible, the violating entity shall change the
purpose of use of such products. If such change is not possible, the products
shall be destroyed.
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1. The act of trading in
or importing each animal feed product after the expiration of the shelf life
indicated in its label or in the documents accompanying the animal feed product
shall be subject to the following fines:
a) A fine of from VND
200.000 to VND 400.000 shall be imposed where the value of the infringing goods
is less than VND 1.000.000;
b) A fine of from VND
400.000 to VND 600.000 shall be imposed where the value of the infringing goods
is from to VND 1.000.000 to less than VND 2.000.000;
c) A fine of from VND
600.000 to VND 1.000.000 shall be imposed where the value of the infringing
goods is from to VND 2.000.000 to less than VND 3.000.000;
d) A fine of from VND
1.000.000 to VND 2.000.000 shall be imposed where the value of the infringing
goods is from to VND 3.000.000 to less than VND 5.000.000;
dd) A fine of from VND
2.000.000 to VND 3.000.000 shall be imposed where the value of the infringing
goods is from to VND 5.000.000 to less than VND 10.000.000;
e) A fine of from VND
3.000.000 to VND 5.000.000 shall be imposed where the value of the infringing
goods is from to VND 10.000.000 to less than VND 20.000.000;
g) A fine of from VND
5.000.000 to VND 7.000.000 shall be imposed where the value of the infringing
goods is from to VND 20.000.000 to less than VND 30.000.000;
h) A fine of from VND
7.000.000 to VND 10.000.000 shall be imposed where the value of the infringing
goods is from to VND 30.000.000 to less than VND 40.000.000;
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k) A fine of from VND
15.000.000 to VND 20.000.000 shall be imposed where the value of the infringing
goods is from to VND 50.000.000 to less than VND 70.000.000;
l) A fine of from VND
20.000.000 to VND 30.000.000 shall be imposed where the value of the infringing
goods is from to VND 70.000.000 to less than VND 100.000.000;
m) A fine of from VND
30.000.000 to VND 40.000.000 shall be imposed where the value of the infringing
goods is more than VND 100.000.000.
2. A fine of from VND
5.000.000 to VND 10.000.000 shall be imposed on the act of failing to indicate,
or incorrectly indicating the date of production in the label or in the
documents accompanying each animal feed product.
3. The following remedial
measures shall be applied:
a) The violating entity is
forced to return the illegal gains obtained from committing administrative
violations prescribed in clause 1 of this Article;
b) The violating imported
batch of animal feed products as prescribed in clause 1 of this Article are
forced to be removed from the territory of the Socialist Republic of Vietnam,
or re-exported. Where removal from the territory of the Socialist Republic of
Vietnam or re-export is not possible, the violating entity shall change the
purpose of use of such products. If such change is not possible, the products
shall be destroyed;
c) The violating entity is
forced to amend the information regarding the date of production of the batch
of animal feed products that are involved in violations prescribed in clause 2
of this Article.
Article 21. Violations
regarding production, trading and import of animal feed containing antibiotics,
chemicals, biological products or microorganisms that are prohibited for use in
animal feed
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2. A fine of from VND
10.000.000 to VND 15.000.000 shall be imposed on any of the following acts:
a) Producing, trading in,
or importing each animal feed product containing antibiotics for treatment of
animal diseases, or containing non-prescription veterinary drugs for treatment
of animal diseases without providing sufficient information in accordance with laws;
b) Producing, trading in,
or importing each animal feed product of which antibiotic content differs by
30% or more from the content prescribed by laws or stated in the product label
or in the documents accompanying the product;
c) Producing each animal
feed product containing antibiotics for treatment of animal diseases without a
prescription issued by a person holding a practicing certificate, or with a
prescription that does not contain sufficient information as prescribed in laws
on veterinary medicine.
3. A fine of from VND
15.000.000 to VND 20.000.000 shall be imposed on any of the following acts:
a) Producing, trading in,
or importing each animal feed product containing antibiotics intended for
prevention of animal diseases;
b) Producing, trading in,
or importing each animal feed product containing antibiotics for promoting
growth.
4. A fine of from VND
20.000.000 to VND 25.000.000 shall be imposed on the act of producing, trading
in, or importing each animal feed product containing a veterinary medicinal
product that has not been authorized for circulation in Vietnam or has not been
approved by the competent authority in cases where the value of the violating
goods is less than VND 200.000.000 or the illicit profit is less than VND
100.000.000.
5. A fine of from VND
25.000.000 to VND 30.000.000 shall be imposed on the act of producing, trading
in, or importing each animal feed product containing a veterinary medicinal
product that has not been allowed for circulation in Vietnam or has not been
approved by the competent authority where the value of the infringing goods is
VND 200.000.000 or more, or the illegal gains are VND 100.000.000 or more in
cases where the competent criminal procedural authority has issued a Decision
not to file criminal charges, a Decision on dropping criminal charges, a
Decision on suspension of the investigation, a Decision on dismissal of the
criminal case, a Decision on suspension of the criminal case with respect to
the accused, or where the offender has been exempted from criminal liability
under a court judgment.
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a) A fine of from VND
60.000.000 to VND 80.000.000 shall be imposed on the act of producing, trading
in or importing each animal feed product containing chemicals, biological
products or microorganisms that are prohibited from use in animal feed where
the total value of the infringing products is less than VND 100.000.000 or the
illegal gains are less than VND 50.000.000;
b) A fine of from VND
80.000.000 to VND 100.000.000 shall be imposed on the act of producing, trading
in or importing each animal feed product containing chemicals, biological
products or microorganisms that are prohibited from use in animal feed where
the total value of the infringing animal feed products is VND 100.000.000 or
more or the illegal gains are VND 50.000.000 or more in cases where the
competent criminal procedural authority has issued a Decision not to file
criminal charges, a Decision on dropping criminal charges, a Decision on
suspension of the investigation, a Decision on dismissal of the criminal case,
a Decision on suspension of the criminal case with respect to the accused, or
where the offender has been exempted from criminal liability under a court
judgment.
7. The following
additional penalties shall be applied:
a) The production, trading
in or import of animal feed shall be suspended for 01 – 03 months for
violations prescribed in clauses 4 and 5 of this Article;
b) The production, trading
in or import of animal feed shall be suspended for 03 – 06 months for
violations prescribed in clause 6 of this Article.
8. The following remedial
measures shall be applied:
a) The violating entity is
forced to amend the information in the product label or in the documents
accompanying the batch of animal feed that contains antibiotics or
non-prescription veterinary medicinal products in respect of violations
prescribed in point a, clause 2 of this Article. Where the information cannot
be amended, the violating entity shall change the purpose of use of such
products. If such change is not possible, the products shall be destroyed;
b) The violating entity is
forced to recycle the batch of animal feed products that contains antibiotics
in respect of violations prescribed in clause 1, and point b, clause 2 of this
Article. If such products cannot be recycled, the violating entity shall change
the purpose of use of such products. If such change is not possible, such
products shall be destroyed;
c) The violating batch of
animal feed products that contains antibiotics as prescribed in clause 1; point
b, clause 2; clause 3; clause 4; and clause 5 of this Article is forced to be
removed from the territory of the Socialist Republic of Vietnam, or
re-exported. Where removal from the territory of the Socialist Republic of
Vietnam or re-export is not possible, the violating entity shall change the
purpose of use of such products. If such change is not possible, the products
shall be destroyed;
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dd) The violating entity
is forced to destroy the batch of animal feed products containing antibiotics,
biological products or microorganisms that are prohibited for use in animal
feed in respect of violations prescribed in clause 6 of this Article;
e) The violating batch of
animal feed products containing antibiotics, biological products or
microorganisms that are prohibited for use in animal feed in respect of
violations in clause 6 of this Article is forced to be removed from the
territory of the Socialist Republic of Vietnam, or re-exported. Where removal
from the territory of the Socialist Republic of Vietnam or re-export is not
possible, the products shall be destroyed;
g) The violating entity is
forced to return the illegal gains obtained from committing administrative
violations prescribed in clauses 4, 5 and 6 of this Article.
Article 22. Violations
regarding the use of animal feed ingredients
1. A fine of from VND
10.000.000 to VND 15.000.000 shall be imposed on the act of using each type of
ingredient that is not included in the List of ingredients permitted for
production of animal feed where the value of the infringing goods is less than
VND 200.000.000 or the illegal gains are less than VND 100.000.000.
2. A fine of from VND
15.000.000 to VND 20.000.000 shall be imposed on the act of using each type of
ingredient that is not included in the List of ingredients permitted for
production of animal feed where the total value of the infringing animal feed
products is VND 200.000.000 or more or the illegal gains are VND 100.000.000 or
more in cases where the competent criminal procedural authority has issued a Decision
not to file criminal charges, a Decision on dropping criminal charges, a
Decision on suspension of the investigation, a Decision on dismissal of the
criminal case, a Decision on suspension of the criminal case with respect to
the accused, or where the offender has been exempted from criminal liability
under a court judgment.
3. The following
additional penalties shall be applied:
The production of animal
feed shall be suspended for 01 – 03 months for violations prescribed in this
Article.
4. The following remedial
measures shall be applied:
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b) The violating entity is
forced to change the purpose of use of the batch of animal feed ingredients and
animal feed products in respect of violations prescribed in this Article. If
such change is not possible, such products shall be destroyed.
Section 3. VIOLATIONS
REGARDING REQUIREMENTS FOR ANIMAL HUSBANDRY
Article 23. Violations
regarding requirements for household animal husbandry
1. A fine of from VND
1.000.000 to VND 2.000.000 shall be imposed on the act of making fraudulent
declaration for obtaining illegal gains.
2. A fine of from VND
2.000.000 to VND 3.000.000 shall be imposed on the act of conducting animal
husbandry in an area where animal husbandry is prohibited.
3. The following remedial
measures shall be applied:
a) The violating entity is
forced to return the illegal gains obtained from committing administrative violations
prescribed in clause 1 of this Article;
b) The entity committing
violations prescribed in clause 2 of this Article is remove animals from the
area in which animal husbandry is prohibited.
Article 24. Violations
regarding requirements for medium-scale and small-scale farms
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a) Failing to archive or
fully update documents on animal husbandry activities, the use of animal feed,
veterinary medicinal products, vaccines and other information for traceability;
b) Failing to ensure the
minimum safe separation distance of farms in accordance with the laws.
2. The violations related
to making declarations on animal husbandry shall be subject to the following
fines:
a) A fine of from VND
3.000.000 to VND 5.000.000 shall be imposed on the act of failing to make
declarations;
b) A fine of from VND
5.000.000 to VND 10.000.000 shall be imposed on the act of making fraudulent
declaration for obtaining illegal gains.
3. A fine of from VND
10.000.000 to VND 15.000.000 shall be imposed on the act of conducting animal
husbandry in an area where animal husbandry is prohibited.
4. The following remedial
measures shall be applied:
a) The violating entity is
forced to reduce the scale of animal husbandry in accordance with distance
requirements.
b) The violating entity is
forced to return the illegal gains obtained from committing administrative
violations prescribed in point b, clause 2 of this Article;
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Article 25. Violations
regarding requirements for large-scale farms
1. A fine of VND 3.000.000
to VND 5.000.000 shall be imposed on any of the following acts:
a) Failing to archive or
fully update documents on animal husbandry activities, the use of animal feed,
veterinary medicinal products, vaccines and other information for traceability;
b) Failing to ensure the
minimum safe separation distance of farms in accordance with the laws.
2. A fine of from VND
5.000.000 to VND 7.000.000 shall be imposed on the act of failing to comply
with a request for supervision and evaluation of the maintenance of conditions
for animal feed production.
3. A fine of from VND
7.000.000 to VND 10.000.000 shall be imposed on the act of erasing or altering
the Certificate of eligibility for animal husbandry.
4. The act of making
fraudulent declaration on animal husbandry shall be subject to the following
fines:
a) A fine of from VND
5.000.000 to VND 10.000.000 shall be imposed on the act of failing to make
declarations;
b) A fine of from VND
10.000.000 to VND 15.000.000 shall be imposed on the act of making fraudulent
declaration for obtaining illegal gains.
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6. A fine of from VND 20.000.000
to VND 25.000.000 shall be imposed on any of the following acts:
7. The following remedial
measures shall be applied:
a) The violating entity is
forced to reduce the scale of animal husbandry in accordance with distance
requirements in respect of violations prescribed in point b, clause 1 of
this Article;
b) The violating entity is
forced to return the Certificate of eligibility for animal husbandry that is
erased or altered to the competent authority issuing the Certificate in respect
of violations in clause 3 of this Article;
c) The violating entity is
forced to return the illegal gains obtained from committing administrative
violations prescribed in point b, clause 4 of this Article;
d) The violating entity is
forced to relocate farms from the area in which animal husbandry is prohibited
in respect of violations prescribed in clause 6 of this Article.
Article 26. Violations
regarding regulations on swiftlet farming and regulations on separation
distances in beekeeping activities
1. A fine of from VND
1.000.000 to VND 3.000.000 shall be imposed on the act of failing to maintain
the minimum distance between apiary locations as prescribed by laws.
2. A fine of from VND
3.000.000 to VND 5.000.000 shall be imposed on the act of using loudspeakers to
broadcast sounds to attract swiftlets where the swiftlet house is located
within a residential community, or where the swiftlet house is located less
than 300 meters from a residential community and in operation before Decree No.
13/2020/ND-CP took effect.
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a) Using sound-emitting
equipment to attract swiftlets at a noise level exceeding the maximum
permissible limit as prescribed by laws;
b) Broadcasting sounds to
attract swiftlets outside the time period as prescribed by laws.
4. A fine of from VND
10.000.000 to VND 15.000.000 shall be imposed on any of the following acts:
a) Hunting, capturing or
attracting swiftlets for purposes other than harvesting edible bird's nests or
for scientific research;
b) Expanding a swiftlet
house that has been in operation before Decree No. 13/2020/ND-CP took effect
where the swiftlet house is located within a residential community or outside
an area designated for swiftlet farming.
5. The following
additional penalties shall be applied:
The evidences and means
used for committing violations prescribed in point a, clause 4 of this Article
shall be confiscated.
6. The following remedial
measures shall be applied:
a) The violating entity is
forced to relocate the bee to comply with separation distance in respect of
violations in clause 1 of this Article;
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c) The violating entity is
forced to release swiftlets into their natural habitat in respect of violations
in point a, clause 4 of this Article;
d) The entity committing
violations prescribed in point a, clause 4 of this Article is forced to return
the amount equivalent to the value of evidences and means of administrative
violations that have been illegally consumed, dispersed or destroyed;
d) The entity committing
violations prescribed in point b, clause 4 of this Article is forced to restore
the original state of destroyed works.
Article 27. Violations
regarding animal husbandry involving the use of animal feed containing
antibiotics; the use of ingredients that are not included in the List of
ingredients permitted for use in animal feed; the use of chemicals, biological
products and microorganisms that are not included in the List of substances
permitted for use in animal waste treatment products in Vietnam; and the use of
chemicals, biological products and microorganisms that are prohibited from use
in animal feed
1. The act of using animal
feed containing antibiotics against guidelines of the manufacturer or supplier
shall be subject to the following fines:
a) A fine of from VND
500.000 to VND 1.000.000 shall be imposed on small-scale farms;
b) A fine of from VND
1.000.000 to VND 3.000.000 shall be imposed on medium-scale farms;
c) A fine of from VND
3.000.000 to VND 5.000.000 shall be imposed on large-scale farms.
2. The act of failing to
maintain a logbook recording the use of animal feed that contain antibiotics
for treatment of animal diseases shall be subject to the following fines:
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b) A fine of from VND
3.000.000 to VND 5.000.000 shall be imposed on medium-scale farms;
c) A fine of from VND
5.000.000 to VND 7.000.000 shall be imposed on large-scale farms.
3. The act of using animal
feed that contains antibiotics for the prevention of animal diseases or the use
of antibiotics for growth promotion shall be subject to the following fines:
a) A fine of from VND
1.000.000 to VND 3.000.000 shall be imposed on household animal husbandry;
b) A fine of from VND
3.000.000 to VND 5.000.000 shall be imposed on small-scale farms;
c) A fine of from VND
5.000.000 to VND 7.000.000 shall be imposed on medium-scale farms;
d) A fine of from VND
7.000.000 to VND 10.000.000 shall be imposed on large-scale farms.
4. The act of using
ingredients that are not included in the List of ingredients permitted for use
in animal feed, or using chemicals, biological products or microorganisms that
are not included in the List of substances permitted for use in animal waste
treatment products in Vietnam shall be subject to the following fines:
a) A fine of from VND
3.000.000 to VND 5.000.000 shall be imposed on household animal husbandry;
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c) A fine of from VND
7.000.000 to VND 10.000.000 shall be imposed on medium-scale farms;
d) A fine of from VND
10.000.000 to VND 15.000.000 shall be imposed on large-scale farms.
5. The act of using
chemicals, biological products or microorganisms that are prohibited from use
in animal feed shall be subject to the following fines:
a) A fine of from VND
50.000.000 to VND 60.000.000 shall be imposed on the act of using each
chemical, biological product or microorganism prohibited from use in animal
feed where the violation is not subject to criminal prosecution;
b) A fine of from VND
70.000.000 to VND 80.000.000 shall be imposed on the act of using each
chemical, biological product or microorganism prohibited from use in animal
feed where the violation is subject to criminal prosecution but the competent
criminal procedural authority has issued a Decision not to file criminal
charges, a Decision on dropping criminal charges, a Decision on suspension of
the investigation, a Decision on dismissal of the criminal case, a Decision on
suspension of the criminal case with respect to the accused, or where the
offender has been exempted from criminal liability under a court judgment.
6. The following remedial
measures shall be applied:
b) The violating entity is
forced to change the purpose of use of animal feed containing antibiotics in
respect of violations prescribed in clause 3 of this Article. If such change is
not possible, such products shall be destroyed;
b) The violating entity is
forced to destroy chemicals, biological products or microorganisms that are
prohibited from use in animal feed; ingredients that are not included in the
List of ingredients permitted for use in animal feed; chemicals, biological
preparations or microorganisms that are not included in the List of substances
permitted for use in animal waste treatment products in Vietnam in respect of
violations in clauses 4 and 5 of this Article;
c) The violating entity is
forced to keep animals that have been administered chemicals, biological
products or microorganisms that are prohibited from use in animal feed;
ingredients that are not included in the List of ingredients permitted for use
in animal feed; chemicals, biological preparations or microorganisms that are
not included in the List of substances permitted for use in animal waste
treatment products in Vietnam until testing confirms that no residues remain
before selling and slaughtering such animals in respect of violations in
clauses 4 and 5 of this Article. Where it is not possible to keep the animals
until all residues have been eliminated, or where there is a repeated violation
involving the use of chemicals, biological products or microorganisms that are
prohibited from use in animal feed; ingredients that are not included in the
List of ingredients permitted for use in animal feed; chemicals, biological
preparations or microorganisms that are not included in the List of substances
permitted for use in animal waste treatment products in Vietnam, the animals
shall be destroyed.
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1. A fine of from VND
1.000.000 to VND 3.000.000 shall be imposed on the act of beating or cruelly
abusing animals.
2. A fine of from VND
3.000.000 to VND 5.000.000 shall be imposed on a centralized slaughter
establishment for any of the following acts:
a) Failing to provide a
hygienic holding area for animals prior to slaughter;
b) Beating animals prior
to slaughter;
c) Failing to render
animals unconscious prior to slaughter.
3. A fine of from VND
10.000.000 to VND 15.000.000 shall be imposed on the act of obstruct or
infringe upon lawful animal husbandry activities.
4. The act of introducing
foreign objects, forcibly injecting water, or introducing other substances into
the body of terrestrial animals prior to slaughter shall be subject to the
following fines:
a) A fine of from VND
5.000.000 to VND 10.000.000 shall be imposed where the total weight of the
animals involved in the violation is less than 100 kilograms;
b) A fine of from VND
10.000.000 to VND 20.000.000 shall be imposed where the total weight of the
animals involved in the violation is from 100 kg to less than 500 kg;
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d) A fine of from VND
30.000.000 to VND 50.000.000 shall be imposed where the total weight of the
animals involved in the violation is more than 1.000 kilograms.
5. The following
additional penalties shall be applied:
The operation of
facilities shall be suspended for 01 – 03 months for violations prescribed in
clause 4 of this Article.
6. The following remedial
measures shall be applied:
The violating entity is
forced to slaughter animals that have been injected water and subject such
products to heat treatment; destroy animal products where the violation
involves the introduction of foreign objects or other substances into the
bodies of animals in respect of violations prescribed in clause 4 of this
Article. Where slaughter of animals that have been injected water is not
possible, or where the violation is repeated, the animals shall be destroyed.
Article 29. Violations
regarding treatment of animal waste
1. A fine of from VND
1.000.000 to VND 2.000.000 shall be imposed on household animal husbandry
facilities for failing to implement measures for treatment of animal manure and
wastewater affecting surrounding persons to ensure environmental sanitation.
2. The act of treating
organic solid waste against the national technical regulation shall be subject
to the following fines:
a) A fine of from VND
2.000.000 to VND 3.000.000 shall be imposed on small-scale farms;
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c) A fine of from VND
5.000.000 to VND 7.000.000 shall be imposed on large-scale farms.
3. The act of treating
animal wastewater against the national technical regulation on animal
wastewater for crop irrigation shall be subject to the following fines:
a) A fine of from VND
3.000.000 to VND 5.000.000 shall be imposed on small-scale farms;
b) A fine of from VND
5.000.000 to VND 7.000.000 shall be imposed on medium-scale farms;
c) A fine of from VND
7.000.000 to VND 10.000.000 shall be imposed on large-scale farms.
4. The following remedial
measures shall be applied:
The violating entity is
forced to implement measures to remedy the environmental pollution and submit a
report on the remedial results within the time limit prescribed by the
competent authority in the Decision on imposition of administrative penalties
in respect of violations prescribed in this Article.
Section 4. VIOLATIONS
REGARDING ANIMAL TREATMENT PRODUCTS, IMPORT OF ANIMAL PRODUCTS, AND IMPORT OF
LIVE ANIMALS FOR FOOD PURPOSES
Article 30. Violations
regarding trading and import of animal waste treatment products
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2. A fine of from VND 5.000.000
to VND 10.000.000 shall be imposed on any of the following acts:
a) Trading in each animal
waste treatment product of which quality is below the minimum level or above
the maximum level by 5% or more compared to the applicable standard or the
information in the product label;
b) Importing each animal
waste treatment product of which quality is below the minimum level or above
the maximum level by 5% or more compared to the applicable standard or the
information in the product label;
c) Importing each animal
waste treatment product without indicating, or indicating incorrect date of
production in the product label or in the documents accompanying the animal
waste treatment product.
3. A fine of from VND
10.000.000 to VND 15.000.000 shall be imposed on any of the following acts:
a) Trading in each animal
waste treatment product of which information has not been published on the
electronic information portal of the Ministry of Agriculture and Environment;
b) Importing each animal
waste treatment product of which information has not been published on the
electronic information portal of the Ministry of Agriculture and Environment.
4. A fine of from VND
15.000.000 to VND 20.000.000 shall be imposed on any of the following acts:
a) Trading in each
livestock waste treatment product that has expired;
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5. A fine of from VND
20.000.000 to VND 25.000.000 shall be imposed on the act of using each animal
waste treatment product imported for testing, scientific research, display at
fairs or exhibitions, laboratory analysis, or production or processing for
export purposes against the import permit.
6. A fine of from VND
25.000.000 to VND 30.000.000 shall be imposed on any of the following acts:
a) Trading in animal waste
treatment products during the period in which the state competent authority has
suspended the trading in animal waste treatment products;
b) Importing in animal
waste treatment products during the period in which the state competent authority
has suspended the import of animal waste treatment products.
7. The following
additional penalties shall be applied:
The trading and import of
animal waste treatment products shall be suspended for 01 – 03 months for
violations prescribed in clause 3 of this Article.
8. The following remedial
measures shall be applied:
a) The violating entity is
forced to recall any animal waste treatment product that has been placed on the
market, and change their intended purpose of use regarding violations prescribed
in point a, clause 2; point a, clause 3; point a, clause 4; and point a, clause
6 of this Article. If such change is not possible, such product shall be
destroyed;
b) The violating entity is
forced to amend the information regarding the date of production of the batch
of animal waste treatment products that is involved in violations prescribed in
point c, clause 2 of this Article;
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d) The violating entity is
forced to recall and destroy animal waste treatment products regarding
violations prescribed in clause 5 of this Article;
dd) The violating party is
forced to return the illegal gains obtained from committing administrative
violations prescribed in clauses 3, 4 and 6 of this Article.
Article 31. Violations
regarding facilities manufacturing animal waste treatment products
1. A warning shall be
imposed on the act of producing each animal waste treatment product of which
quantitative content of any quality indicator is below the minimum level or
above the maximum level by less than 5% compared to the applicable standard or
the information in the product label.
2. A fine of from VND
3.000.000 to VND 5.000.000 shall be imposed on any of the following acts:
a) Failing to have a
technical manager holding a university degree or higher in animal husbandry,
veterinary medicine, chemistry, biotechnology or environmental technology;
b) Failing to conduct
quality analysis of animal waste treatment products during the production
process;
c) Failing to have
production lines and equipment suitable for the production of animal waste
treatment products;
d) Failing to have
equipment for creating appropriate culture conditions, storing and culturing
microorganisms in a manner that is safe for persons and the environment; or
failing to maintain such storage in the case of a facility producing microbial
biomass for the production of animal waste treatment products;
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e) Failing to record and
archive production logs as prescribed by laws.
3. A fine of from VND
5.000.000 to VND 7.000.000 shall be imposed on any of the following acts:
a) Erasing and altering
documents, or making false declaration in the dossier on self-disclosure of
information for each animal waste treatment product on the electronic
information portal of the Ministry of Agriculture and Environment;
b) Erasing or altering the
Certificate of eligibility for production of animal waste treatment products;
c) Failing to comply with
the requirement for supervision and evaluation of the maintenance of conditions
for the production of animal waste treatment products.
4. A fine of from VND
10.000.000 to VND 15.000.000 shall be imposed on any of the following acts:
a) Producing each animal
waste treatment product of which quality is below the minimum level or above
the maximum level by 5% or more compared to the applicable standard or the
information in the product label;
b) Manufacturing each
animal waste treatment product without indicating, or indicating incorrect date
of production in the product label or in the documents accompanying the animal
waste treatment product.
5. The act of using use of
chemicals, biological preparations or microorganisms that are not included in
the List of substances permitted for use in animal waste treatment products in
Vietnam shall be subject to the following fines:
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b) A fine of from VND
15.000.000 to VND 20.000.000 shall be imposed on the act of using each
chemical, biological preparation or microorganism that is not included in the
List of substances permitted for use in livestock waste treatment products in
Vietnam where the total value of the products is VND 200.000.000 or more, or
the illegal gains are VND 100.000.000 or more in cases where the competent
criminal procedural authority has issued a Decision not to file criminal
charges, a Decision on dropping criminal charges, a Decision on suspension of
the investigation, a Decision on dismissal of the criminal case, a Decision on
suspension of the criminal case with respect to the accused, or where the
offender has been exempted from criminal liability under a court judgment.
6. A fine of from VND
15.000.000 to VND 20.000.000 shall be imposed on the act of producing each
animal waste treatment product of which information has not been published on
the electronic information portal of the Ministry of Agriculture and
Environment.
7. A fine of from VND
20.000.000 to VND 25.000.000 shall be imposed on the act of producing animal
waste treatment products without a Certificate of eligibility for production of
animal waste treatment products.
8. A fine of from VND
25.000.000 to VND 30.000.000 shall be imposed on the act of producing animal
waste treatment products during the period in which the production has been
suspended by the state competent authority.
9. The following
additional penalties shall be applied:
a) The production of
animal waste treatment products shall be suspended for 01 – 03 months for
violations prescribed in point c, clauses 3; clause 5; and clause 6 of this
Article;
b) The Certificate of
eligibility for production of animal waste treatment products shall be revoked
for 01 – 03 months for violations prescribed in clause 8 of this Article.
10. The following remedial
measures shall be applied:
a) The violating entity is
forced to correct false information on the electronic information portal of the
Ministry of Agriculture and Environment regarding violations prescribed in
point a, clause 3 of this Article;
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c) The violating entity is
forced to recall and recycle the batch of animal waste treatment products that
are involved in violations prescribed in point a, clause 4 of this Article. If
such products cannot be recycled, the violating entity shall change the purpose
of use of such products. If such change is not possible, such products shall be
destroyed;
d) The violating entity is
forced to amend the information regarding the date of production of the batch
of animal waste treatment products that is involved in violations prescribed in
point c, clause 4 of this Article;
dd) The violating entity
is forced to recall any animal waste treatment product that has been placed on
the market, and change their intended purpose of use regarding violations
prescribed in clauses 5, 6, 7 and 8 of this Article. If such change is not
possible, such product shall be destroyed;
e) The violating party is
forced to return the illegal gains obtained from committing administrative
violations prescribed in clauses 5, 6, 7 and 8 of this Article.
Article 32. Violations
regarding import of animal products and import of live animals for food purposes
1. A fine of from VND
30.000.000 to VND 40.000.000 shall be imposed on any of the following acts:
a) Importing live animals
intended for food use but keeping them for breeding for commercial purposes;
b) Importing each animal
product containing substances that are prohibited for use in animal husbandry
where the violation is not subject to criminal prosecution.
2. A fine of from VND
40.000.000 to VND 50.000.000 shall be imposed on the act of importing each type
of live animals intended for food use that has been administered substances
prohibited in animal husbandry where the violation is not subject to criminal
prosecution.
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The operation of
facilities shall be suspended for 02 – 04 months for violations prescribed in
point b, clause 1; and clause 2 of this Article.
4. The following remedial
measures shall be applied:
a) The violating entity is
forced to use animals in accordance with the purpose for which they are
imported in respect of violations in point a, clause 1 of this Article;
b) The violating animals
and animal products as prescribed in point b, clause 1; and clause 2 of this
Article are forced to be removed from the territory of the Socialist Republic
of Vietnam, or re-exported. Where removal from the territory of the Socialist
Republic of Vietnam or re-export is not possible, the products shall be
destroyed;
c) The violating entity is
forced to return the illegal gains obtained from committing administrative
violations prescribed in point b, clause 1; and clause 2 of this Article.
Chapter III
AUTHORITY FOR PREPARATION OF
RECORDS AND HANDLING OF ADMINISTRATIVE VIOLATIONS
Article 33. Authority
for preparation of records of administrative violations
1. The following persons
have the authority for preparing records on administrative violations:
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b) Civil servants and
public employees working in authorities prescribed in Articles 34, 35, 39 and
40 of this Decree may prepare records upon detecting violations during their
official duties or tasks within their functions, tasks and powers;
c) Officers of the
People's Army and the People's Public Security prescribed in Articles 36, 37
and 38 of this Decree may prepare records upon detecting violations during
their official duties or tasks within their functions, tasks and powers;
d) Heads of inspection
teams and inspectors who are members of inspection teams may prepare records on
violations prescribed in this Decree within their assigned tasks and powers.
2. Persons competent to
impose administrative penalties as prescribed in clause 1 of this Article are
responsible for issuing Decisions on imposition of administrative penalties
within their authority or transfer the cases to competent authorities
prescribed in Articles 34 through 40 of this Decree for issuance of Decisions
on imposition of administrative penalties.
Article 34. Authority
to impose penalties for administrative violations of Presidents of People’s
Committees at all levels
1. Presidents of People’s
Committees of communes, wards and special zones (hereinafter referred to as
“commune-level People’s Committees”) have the right to the following forms of
penalty:
a) Warning;
b) Fines of up to VND
50.000.000;
c) Revocation of the right
to use certificates for a definite period, or suspension of operations for a
definite period;
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dd) Remedial measures as
prescribed in clause 3, Article 4 of this Decree.
2. Presidents of People’s
Committees of provinces and central-affiliated cities (hereinafter referred to
as “province-level People’s Committees”) have the right to the following forms
of penalty:
a) Warning;
b) Fines of up to VND
100.000.000;
c) Revocation of the right
to use certificates for a definite period, or suspension of operations for a
definite period;
d) Confiscation of
exhibits and means of administrative violations;
dd) Remedial measures as
prescribed in clause 3, Article 4 of this Decree.
Article 35. Authority
to impose penalties for administrative violations of heads of authorities
responsible for state management in the field of animal husbandry and
veterinary medicine, and persons holding other titles
1. Heads of regional
Sub-departments of Animal husbandry and Veterinary medicine affiliated to
Department of Animal Husbandry and Veterinary Medicine; Heads of central-region
and southern-region Sub-departments affiliated to National Authority for
Agro-Forestry-Fishery Quality, Processing and Market Development; Heads of
Sub-departments responsible for animal husbandry, veterinary medicine, and
quality management of agriculture, forestry and fisheries affiliated to
Departments of Agriculture and Environment have the right to the following
forms of penalty:
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b) Fines of up to VND
50.000.000;
c) Revocation of the right
to use certificates for a definite period, or suspension of operations for a
definite period;
d) Confiscation of
exhibits and means of administrative violations;
dd) Remedial measures as
prescribed in clause 3, Article 4 of this Decree.
2. Directors of
Departments of Agriculture and Environment have the right to the following
forms of penalty:
a) Warning;
b) Fines of up to VND
80.000.000;
c) Revocation of the right
to use certificates for a definite period, or suspension of operations for a
definite period;
d) Confiscation of
exhibits and means of administrative violations;
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3. The Director General of
Department of Animal Husbandry and Veterinary Medicine; and the Director
General of National Authority for Agro-Forestry-Fishery Quality, Processing and
Market Development have the right to the following forms of penalty:
a) Warning;
b) Fines of up to VND
100.000.000;
c) Revocation of the right
to use certificates for a definite period, or suspension of operations for a
definite period;
d) Confiscation of
exhibits and means of administrative violations;
dd) Remedial measures as
prescribed in clause 3, Article 4 of this Decree.
4. Heads of inspection
teams established by the Director General of Department of Animal Husbandry and
Veterinary Medicine; or the Director General of National Authority for
Agro-Forestry-Fishery Quality, Processing and Market Development have the right
to impose administrative penalties as prescribed in clause 2 of this Article
while performing state management in the field of animal husbandry and
veterinary medicine.
5. Heads of inspection
teams established by the Minister of Agriculture and Environment have the right
to administrative penalties while performing state management in the field of
animal husbandry and veterinary medicine. Heads of organizations affiliated to
the Ministry of Agriculture and Environment have the right to administrative
penalties as prescribed in clause 3 of this Article within their assigned
functions and tasks in the field of animal husbandry and veterinary medicine.
Article 36. Authority
to impose penalties for administrative violations of the People’s Public
Security
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a) Warning;
b) Fines of up to VND 10.000.000;
c) Confiscation of
exhibits and means of administrative violations with a value not exceeding VND
20.000.000.
2. Heads of mobile police
units at company level have the right to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND
20.000.000;
c) Confiscation of
exhibits and means of administrative violations with a value not exceeding VND
40.000.000;
d) Remedial measures
prescribed in points a, c and dd, clause 1, Article 28 of the Law on Penalties
for Administrative Violations.
3. Heads of police
stations, heads of mobile police units at battalion level, commanders of
waterway patrol teams, heads of stations, and captains have the right to impose
the following forms of penalty:
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b) Fines of up to VND
30.000.000;
c) Revocation of the right
to use certificates for a definite period, or suspension of operations for a
definite period;
d) Confiscation of
exhibits and means of administrative violations with a value not exceeding VND
60.000.000;
dd) Remedial measures
prescribed in points a, c and dd, clause 1, Article 28 of the Law on Penalties
for Administrative Violations.
4. Heads of commune-level
police authorities have the right to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND 50.000.000;
c) Revocation of the right
to use certificates for a definite period, or suspension of operations for a
definite period;
d) Confiscation of
exhibits and means of administrative violations;
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5. Chief police officers
at international airport border gates; heads of professional divisions under
the Bureau of Economic Security including heads of Divisions for Industrial and
Commercial Security, heads of the Divisions for Agricultural, Forestry and
Fisheries Security, heads of Divisions for Security in Science, Technology,
Natural Resources and Environment; heads of professional divisions under the
Police Bureau for Administrative Management of Social Order including heads of
Divisions for Guidance and Management of Business Lines Subject to Security and
Order Conditions, and Seals; heads of professional divisions under the Bureau
of Traffic Police including heads of Divisions for Guidance on Road and Railway
Traffic Patrol and Control, heads of Divisions for Guidance on Inland Waterway
Traffic Patrol, Control and Crime Prevention and Suppression, commanders of
waterway patrol units; heads of professional divisions under the Bureau of
Cybersecurity and Cybercrime Prevention and Control including heads of
Divisions for Prevention and Control of Cyber-enabled Crimes Infringing upon
the Economic Management Order, heads of Divisions for Prevention and Control of
Cyber-enabled Crimes Infringing upon Social Order, heads of Cyber Information
Security Divisions, heads of Divisions for Protection of National Information
Network Security, heads of Divisions for Cyber Information Monitoring and
Prevention of Activities Using Cyberspace to Infringe upon National Security;
heads of professional divisions under the Bureau of Immigration including heads
of Divisions for the Management of the Entry, Exit and Residence of Foreigners,
heads of the Division for the Management of the Entry and Exit of Vietnamese
Citizens, Director of the National Aviation Security Center; heads of divisions
of province-level police authorities including heads of Internal Security
Divisions, heads of Internal Political Security Divisions, heads of
Administrative Police for Social Order Divisions, heads of Criminal Investigation
Divisions for Crimes Against Social Order, heads of Criminal Investigation
Divisions for Corruption, Economic, Smuggling and Environmental Crimes, heads
of Criminal Investigation Divisions for Drug-related Crimes, heads of Traffic
Police Divisions, heads of Mobile Police Divisions, heads of Criminal Judgment
Enforcement and Judicial Support Police Divisions, heads of Fire Prevention,
Firefighting and Rescue Police Divisions, heads of Cyber Security and High-Tech
Crime Prevention and Control Divisions, heads of Immigration Divisions, heads
of Economic Security Divisions, heads of External Security Divisions, Chief of
Offices of province-level Police Investigation Agency have the right to impose
the following forms of penalty:
a) Warning;
b) Fines of up to VND
80.000.000;
c) Revocation of the right
to use certificates for a definite period, or suspension of operations for a
definite period;
d) Confiscation of
exhibits and means of administrative violations;
dd) Remedial measures as
prescribed in clause 3, Article 4 of this Decree.
6. Directors of
province-level police authorities have the right to impose the following forms
of penalty:
a) Warning;
b) Fines of up to VND
100.000.000;
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d) Confiscation of
exhibits and means of administrative violations;
dd) Remedial measures as
prescribed in clause 3, Article 4 of this Decree.
7. The Director General of
the Bureau of Economic Security; the Chief of the Office of the Police
Investigation Agency of the Ministry of Public Security; the Director General
of the Department of Administrative Police for Social Order; the Director
General of the Police Bureau of Criminal Investigation; the Director General of
the Police Bureau of Corruption, Financial Crimes, and Smuggling Investigation;
the Director General of the Bureau of Counter-Narcotics Police; the Director
General of the Bureau of Traffic Police; the Director General of the Police
Bureau of Fire Prevention and Rescue; the Director General of the Police Bureau
of Environmental Crime Prevention; the Director General of the Bureau of
Cybersecurity and Cybercrime Prevention and Control; the Director General of
the Bureau of Homeland Security; the Director General of the Police Bureau for
Managing Custody, Temporary detention, and Criminal judgment execution in the
Community; and the Commander of the Mobile Police Command have the right to
impose the following forms of penalty:
a) Warning;
b) Fines of up to VND
100.000.000;
c) Revocation of the right
to use certificates for a definite period, or suspension of operations for a
definite period;
d) Confiscation of
exhibits and means of administrative violations;
dd) Remedial measures as
prescribed in clause 3, Article 4 of this Decree.
Article 37. Authority
to impose penalties for administrative violations of the Vietnam Coast Guard
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a) Warning;
b) Fines of up to VND
5.000.000;
c) Confiscation of
exhibits and means of administrative violations with a value not exceeding VND
10.000.000.
2. Leaders of the Coast
Guard Operational Units have the right to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND
10.000.000;
c) Confiscation of
exhibits and means of administrative violations with a value not exceeding VND
20.000.000.
3. Leaders of the Coast
Guard Operational Teams and heads of Coast Guard Stations have the right to
impose the following forms of penalty:
a) Warning;
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c) Confiscation of
exhibits and means of administrative violations with a value not exceeding VND
40.000.000.
d) Remedial measures
prescribed in points c and dd, clause 1, Article 28 of the Law on Penalties for
Administrative Violations.
4. Captains of the Coast
Guard Divisions have the right to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND
30.000.000;
c) Confiscation of
exhibits and means of administrative violations with a value not exceeding VND
60.000.000;
d) Remedial measures
prescribed in clause 3, Article 4 of this Decree.
5. Commanders of Coast
Guard Flotillas, Commanders of Reconnaissance Groups, and Commanders of
Counter-Narcotics Special Task Forces under the Vietnam Coast Guard have the
right to impose the following forms of penalty:
a) Warning;
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c) Revocation of the right
to use certificates for a definite period, or suspension of operations for a
definite period;
d) Confiscation of
exhibits and means of administrative violations;
dd) Remedial measures as
prescribed in clause 3, Article 4 of this Decree.
6. The Commander of a
Coast Guard Region and the Director General of the Department of Operations and
Legal Affairs under the Vietnam Coast Guard have the right to impose the
following forms of penalty:
a) Warning;
b) Fines of up to VND
80.000.000;
c) Revocation of the right
to use certificates for a definite period, or suspension of operations for a
definite period;
d) Confiscation of
exhibits and means of administrative violations;
dd) Remedial measures as
prescribed in clause 3, Article 4 of this Decree.
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a) Warning;
b) Fines of up to VND
100.000.000;
c) Revocation of the right
to use certificates for a definite period, or suspension of operations for a
definite period;
d) Confiscation of exhibits
and means of administrative violations;
dd) Remedial measures as
prescribed in clause 3, Article 4 of this Decree.
Article 38. Authority
to impose penalties for administrative violations of the Vietnam Border Guard
1. Border Guard soldiers
on duty have the right to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND
5.000.000;
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2. Heads of stations or
leaders of soldiers prescribed in clause 1 of this Article have the right to
impose the following forms of penalty:
a) Warning;
b) Fines of up to VND
10.000.000;
c) Confiscation of
exhibits and means of administrative violations with a value not exceeding VND
20.000.000;
d) Remedial measures
prescribed in points c and dd, clause 1, Article 28 of the Law on Penalties for
Administrative Violations.
3. Leaders of Special Task
Forces for Drug and Crime Prevention affiliated to Special Task Units for Drug
and Crime Prevention have the right to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND
15.000.000;
c) Confiscation of
exhibits and means of administrative violations with a value not exceeding VND
30.000.000;
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4. Heads of Border Guard
Stations; Captains of Border Guard Maritime Units; Chief Commanders of Border
Commands at port checkpoints have the right to impose the following forms of
penalty:
a) Warning;
b) Fines of up to VND
30.000.000;
c) Confiscation of
exhibits and means of administrative violations with a value not exceeding VND
60.000.000;
d) Remedial measures
prescribed in clause 3, Article 4 of this Decree.
5. Heads of Special Task
Units for Drug and Crime Prevention of the Department of Prevention of
Drug-related Crime affiliated to the Border Guard Command have the right to
impose the following forms of penalty:
a) Warning;
b) Fines of up to VND
50.000.000;
c) Revocation of the right
to use certificates for a definite period, or suspension of operations for a
definite period;
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dd) Remedial measures as
prescribed in clause 3, Article 4 of this Decree.
6. Chief Commanders of
Border Guard Commands; Commanders of the Border Guard Naval Squadrons; Director
General of Department of Prevention of Drug-related Crime affiliated to the
Border Guard High Command have the right to impose the following forms of
penalty:
a) Warning;
b) Fines of up to VND
100.000.000;
c) Revocation of the right
to use certificates for a definite period, or suspension of operations for a
definite period;
d) Confiscation of
exhibits and means of administrative violations;
dd) Remedial measures as
prescribed in clause 3, Article 4 of this Decree.
Article 39. Authority
to impose penalties for administrative violations of customs authorities
1. Customs officers on
duty have the right to impose the following forms of penalty:
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b) Fines of up to VND
5.000.000;
c) Confiscation of
exhibits and means of administrative violations with a value not exceeding VND
10.000.000.
2. Heads of
Border-Gate/Non-Border-Gate Customs Teams; Heads of Post-Clearance Review and
Inspection Teams; Heads of Customs Clearance Teams; Heads of Customs Control
Teams under Regional Customs Sub-Departments; Heads of Anti-Smuggling Control
Teams under Sub-Departments of Anti-Smuggling Investigation; and Heads of
Regional Post-Clearance Inspection Teams under Sub-Departments of
Post-Clearance Inspection have the right to impose the following forms of
penalty:
a) Warning;
b) Fines of up to VND
30.000.000;
c) Confiscation of
exhibits and means of administrative violations with a value not exceeding VND
60.000.000.
d) Remedial measures
prescribed in clause 3, Article 4 of this Decree.
3. Heads of
Sub-Departments of Anti-Smuggling Investigation; heads of Sub-Departments of
Post-Clearance Inspection; and heads of Regional Customs Sub-Departments have
the right to impose the following forms of penalty:
a) Warning;
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d) Confiscation of
exhibits and means of administrative violations;
d) Revocation of the right
to use certificates for a definite period, or suspension of operations for a
definite period;
dd) Remedial measures as
prescribed in clause 3, Article 4 of this Decree.
4. The Director General of
Vietnam Customs have the right to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND
100.000.000;
d) Confiscation of
exhibits and means of administrative violations;
d) Revocation of the right
to use certificates for a definite period, or suspension of operations for a
definite period;
dd) Remedial measures as
prescribed in clause 3, Article 4 of this Decree.
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1. Market inspectors on
duty have the right to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND
10.000.000;
c) Confiscation of
exhibits and means of administrative violations with a value not exceeding VND
20.000.000.
2. Heads of the market
surveillance teams affiliated to Sub-departments of Market Surveillance of
Departments of Industry and Trade have the right to impose the following forms
of penalty:
a) Warning;
b) Fines of up to VND
30.000.000;
c) Confiscation of
exhibits and means of administrative violations with a value not exceeding VND
60.000.000;
d) Remedial measures prescribed
in clause 3, Article 4 of this Decree.
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a) Warning;
b) Fines of up to VND
50.000.000;
d) Confiscation of
exhibits and means of administrative violations;
d) Revocation of the right
to use certificates for a definite period, or suspension of operations for a
definite period;
dd) Remedial measures
prescribed in clause 3, Article 4 of this Decree.
4. The Director
General of the Agency for Domestic Market Surveillance and Development has the
right to impose the following forms of penalty:
a) Warning;
b) Fines of up to VND
100.000.000;
d) Confiscation of
exhibits and means of administrative violations;
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dd) Remedial measures
prescribed in clause 3, Article 4 of this Decree.
Article 41. Allocation
of the authority to impose administrative penalties among Presidents of
People's Committees at all levels, specialized state management authorities for
animal husbandry and veterinary medicine, customs authorities, market surveillance
authorities, People's Public Security, Vietnam Border Guard, and Vietnam Coast
Guard
1. Authority to impose
administrative penalties of Presidents of People's Committees at all levels:
a) Presidents of
commune-level People’s Committees are competent to impose administrative
penalties for violations prescribed in Articles 7, 8, 9, 10, 11, 12, 14, 15,
16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32 of this
Decree.
b) Presidents of
province-level People’s Committees are competent to impose administrative
penalties for violations prescribed in Articles 7, 8, 9, 10, 11, 12, 13, 14,
15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32 of
this Decree.
2. Authority to impose
administrative penalties of specialized state management authorities for animal
husbandry and veterinary medicine, and the National Authority for
Agro-Forestry-Fishery Quality, Processing and Market Development:
Heads of regional
Sub-departments of Animal husbandry and Veterinary medicine affiliated to
Department of Animal Husbandry and Veterinary Medicine, and Heads of
Sub-departments responsible for animal husbandry and veterinary medicine
affiliated to Departments of Agriculture and Environment are competent to
impose administrative penalties for violations prescribed in Articles 7, 8, 9,
10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
30, 31 and 32 of this Decree;
b) Directors of
Departments of Agriculture and Environment are competent to impose
administrative penalties for violations prescribed in Articles 7, 8, 9, 10, 11,
12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31
and 32 of this Decree;
c) The Director General of
the Department of Animal Husbandry and Veterinary Medicine are competent to
impose administrative penalties for violations prescribed in Articles 7, 8, 9,
10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
30, 31 and 32 of this Decree;
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dd) Heads of Inspection
Teams established by the Minister of Agriculture and Environment; and heads of
organizations affiliated to the Ministry of Agriculture and Environment are
competent to impose administrative penalties for violations prescribed in
Articles 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24,
25, 26, 27, 28, 29, 30, 31 and 32 of this Decree within their assigned
functions and tasks in the field of animal husbandry and veterinary medicine;
e) The Director General of
the National Authority for Agro-Forestry-Fishery Quality, Processing and Market
Development; heads of inspection teams established by the National Authority
for Agro-Forestry-Fishery Quality, Processing and Market Development; Heads of
central-region and southern-region Sub-departments affiliated to National
Authority for Agro-Forestry-Fishery Quality, Processing and Market Development;
Heads of Sub-Departments responsible for management of quality of agriculture,
forestry and fisheries affiliated to Departments of Agriculture and Environment
are competent to impose administrative penalties for violations prescribed in
clause 4, Article 28 and Article 32 of this Decree.
3. Authority to impose
administrative penalties of customs authorities, market surveillance
authorities, People's Public Security, Vietnam Border Guard, and Vietnam Coast
Guard
a) Customs authorities and
competent persons working in customs authorities are competent to impose
administrative penalties, additional penalties and remedial measures for
violations prescribed in clause 3, Article 7; Article 8; Article 9; clause 1,
point b, clause 2, and clause 3, Article 17; Article 19; Article 20; clause 1,
points a and b, clause 2, clause 3, clause 4, clause 5, and clause 6, Article
21; clause 1, points b and c, clause 2, point b, clause 3, point b, clause 4,
clause 5, and point b, clause 6, Article 30; and Article 32 of this Decree;
b) Market surveillance
authorities and competent persons working in market surveillance authorities
are competent to impose administrative penalties, additional penalties and
remedial measures for violations prescribed in Article 10; Article 11; Article
12; Article 16; Article 17; Article 18; Article 19; Article 20; Article 30;
clauses 1, 4, 5, 6 and 7, Article 31; and Article 32 of this Decree;
c) The People’s Public
Security force and People’s Public Security officers are competent to impose
administrative penalties, additional penalties and remedial measures for
violations prescribed in Article 7; Article 8; Article 9; Article 20; Article
21; Article 22; Article 23; Article 24; Article 25; Article 26; Article 27;
Article 28; Article 29; clause 5, Article 31; and Article 32 of this Decree;
d) The Vietnam Border
Guard force and Vietnam Border Guard officers are competent to impose
administrative penalties, additional penalties and remedial measures for
violations prescribed in clause 3, Article 7; Article 8; Article 9; point b,
clause 2, Article 17; Article 19; Article 20; clause 1, points a and b, clause
2, clause 3, clause 4, clause 5, and clause 6, Article 21; clause 1, points b
and c, clause 2, point b, clause 3, point b, clause 4, clause 5, and point b,
clause 6, Article 30; and Article 32 of this Decree;
dd) The Vietnam Coast
Guard force and Vietnam Coast Guard officers are competent to impose
administrative penalties, additional penalties and remedial measures for
violations prescribed in clause 3, Article 7; Article 8; Article 9; point b,
clause 2, Article 17; Article 19; Article 20; clause 1, points a and b, clause
2, clause 3, clause 4, clause 5, and clause 6, Article 21; clause 1, points b
and c, clause 2, point b, clause 3, point b, clause 4, clause 5, and point b,
clause 6, Article 30; and Article 32 of this Decree.
Chapter IV
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Article 42. Effect
1. This Decree comes into
force from August 05, 2026.
2. This Decree replaces
Decree No. 14/2021/ND-CP dated March 01, 2021 of the Government on penalties
for administrative violations against regulations on animal husbandry; annuls
Article 4 of Decree No. 07/2022/ND-CP dated January 10, 2022 of the Government
on amendments to some articles of Decrees on penalties for administrative
violations in the fields of forestry; plant protection and plant quarantine;
veterinary medicine; animal husbandry.
Article 43.
Transitional provisions
1. For violations
regarding animal husbandry that happen and end before the effective date of
this Decree but are subsequently discovered or are under consideration for
resolution, the penalties shall be imposed in accordance with the applicable
Decree that was in effect at the time the violation was committed.
2. Where an administrative
violation in the field of animal husbandry prior to the effective date of this
Decree but remains ongoing after this Decree comes into force, such violation
shall be handled in accordance with this Decree.
3. Where Decisions on
imposition of administrative penalties that are issued or fully executed before
the effective date of this Decree, and sanctioned individuals or organizations
file a complaint, such complaint shall be resolved in accordance with
regulations on administrative penalties at the time that the Decisions are
issued.
Article 44.
Implementation
1. The Minister of
Agriculture and Environment is responsible for organizing the implementation
and providing guidelines for the enforcement of this Decree.
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ON BEHALF OF THE GOVERNMENT
PP. PRIME MINISTER
DEPUTY PRIME MINISTER
Ho Quoc Dung