THE GOVERNMENT
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SOCIALIST REPUBLIC
OF VIETNAM
Independence – Freedom – Happiness
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No.: 31/2016/ND-CP
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Hanoi, May 06,
2016
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DECREE
PENALTIES
FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON PLANT VARIETIES, PLANT PROTECTION
AND QUANRATINE
Pursuant to the Law on the Organization of the
Government dated June 19, 2015;
Pursuant to the Law on Actions against
administrative violations dated June 20, 2012;
Pursuant to the Law on intellectual property dated
November 29, 2005 and the Law dated June 19, 2009 on amendments to certain
articles of the Law on intellectual property;
Pursuant to the Law on plant protection and
quarantine dated November 25, 2013;
Pursuant to the Ordinance on plant varieties
dated March 24, 2004;
At the request of Minister of Agriculture and
Rural Development;
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Chapter I
GENERAL PROVISIONS
Article 1. Scope
1. This Decree deals with
violations, penalties, fines, remedial measures against administrative
violations, the power to impose penalties against administrative violations
against regulations on plant varieties, plant protection and quarantine.
2. Administrative violations
against regulations on plant varieties, plant protection and quarantine
prescribed in this Decree consist of:
a) Violations against regulations on plant
varieties;
b) Violations against regulations on plant protection
and quarantine, and pesticide products.
3. Other administrative
violations against regulations on plant varieties, plant protection and
quarantine which are not prescribed in this Decree shall apply other relevant
Government's decrees on penalties for administrative violations against
regulations on state management.
Article 2. Regulated entities
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Article 3. Prescriptive period
of penalties for administrative violations
1. Prescriptive period of
penalties for administrative violations against regulations on plant varieties,
plant protection and quarantine is one year, except for administrative
violations against regulations on intellectual property rights in plant
varieties, and administrative violations against regulations on production,
import, export and trading in plant varieties, pesticide products, plants and
plant products, for which prescriptive period of penalties is two years.
2. The time to calculate the
prescriptive period of penalties for administrative violations as prescribed in
Clause 1 of this Article shall comply with regulations in Point b Clause 1
Article 6 of the Law on Actions against administrative violations.
Article 4. Penalties and
remedial measures
1. Any entity committing any
of administrative violations against regulations on plant varieties, plant
protection and quarantine must face a warning or a fine.
2. Entities committing
administrative violations might, subject to the nature and level of their
violations, be compelled to take the following additional penalties:
a) Suspension of practicing certificates or
permits, consisting of: Practicing certificate for representative service of
rights to plant varieties; Plant variety rights assessor’s card; Certificate of
elite trees or certificate of budwood orchards; Decision on authorization for
plant variety testing; Practicing card for treatment of plant quarantine
subjects; Practicing card for treatment of plant quarantine subjects;
Certificate of eligibility for production of pesticides; Certificate of
eligibility for pesticide sales; Permit to import pesticides; Permit for
pesticide testing; Phytosanitary certificate;
b) Suspension of operation registration
certificates;
c) Confiscation of the exhibits of administrative
violations against regulations on plant varieties, plant protection and
quarantine.
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a) Change using purposes of plant varieties;
b) Label each source of plant variety with varietal
batch code;
c) Make records of delivery of propagating
materials;
d) Transfer rights to use plant varieties;
dd) Pay remunerations to plant breeders as
regulated;
e) Assist owners of plant variety patents in
controlling propagating materials of registered plant varieties;
g) Recycle pesticides which contain 70% of active
ingredients or higher in comparison with applicable standards and corresponding
technical regulations;
h) Implement preventive measures against plant
pests upon the decision on announcement of plant pests;
i) Carry out treatment of wooden packages as
regulated;
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l) Annul plant variety testing results;
m) Change labels as regulated.
Article 5. Regulations on fines
and the power to impose fines
1. The maximum fine for a
violation against regulations on plant varieties, plant protection and
quarantine incurred by an individual is VND 50,000,000; that incurred by an
organization is VND 100,000,000.
2. The fines in this Decree
are applied to individuals who commit administrative violations. The fine
incurred by an organization is twice as much as the fine incurred by an
individual for the same violation.
3. The maximum fines imposed
by the persons mentioned in this Decree are incurred by individuals; the
maximum fines they may impose upon organizations are twice as much as the fines
incurred by individuals.
Chapter II
ADMINISTRATIVE
VIOLATIONS, PENALTIES, FINES AND REMEDIAL MEASURES FOR ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON PLANT VARIETIES
Article 6. Violations against
regulations on management, use and conservation of plant genetic resources in sanctuaries
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2. A fine of from VND
7,000,000 to VND 10,000,000 shall be imposed for exploitation or use of plant
genetic resources in sanctuaries without permission granted by competent state
authorities.
3. A fine of from VND
10,000,000 to VND 15,000,000 shall be imposed for any of the following
violations:
a) Appropriation of genetic resources in
sanctuaries;
b) Destruction of plant genetic resources in
sanctuaries but the initial status of such genetic resources may be restored.
4. A fine of from VND
15,000,000 to VND 20,000,000 shall be imposed for destruction of plant genetic
resources in sanctuaries at the level that the initial status of such genetic
resources cannot be restored.
5. Additional penalties
Confiscation of the exhibits which are used to
commit violations prescribed in Clauses 2, 3 and 4 of this Article.
6. Remedial measures:
Restore the initial status of genetic resources if
any of the violations prescribed in Point b Clause 3 of this Article is
committed.
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1. A fine of from VND
15,000,000 to VND 20,000,000 shall be imposed for any of the following
violations:
a) Appropriation of rare genetic resources in
sanctuaries;
b) Destruction of rare genetic resources in
sanctuaries but the initial status of such genetic resources may be restored.
2. A fine of from VND
30,000,000 to VND 40,000,000 shall be imposed for destruction of plant genetic
resources in sanctuaries at the level that the initial status of such genetic
resources cannot be restored.
3. Additional penalties
Confiscation of the exhibits which are used to
commit violations prescribed in Clauses 1, 2 of this Article.
4. Remedial measures:
Restore the initial status of genetic resources if
any of the violations prescribed in Point b Clause 1 of this Article is
committed.
Article 8. Violations against
regulations on export of rare genetic resources and rare plant varieties
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2. A fine of from VND
20,000,000 to VND 30,000,000 shall be imposed for export of a rare plant
genetic resource other than that specified in the written permission granted by
competent state authorities.
3. A fine of from VND
30,000,000 to VND 40,000,000 shall be imposed for export of rare plant genetic
resources without the written permission granted by competent state
authorities.
4. A fine of from VND
40,000,000 to VND 50,000,000 shall be imposed for export of plant varieties in
the List of rare plant varieties which are banned from export.
5. Additional penalties
Confiscation of the exhibits which are used to
commit violations prescribed in Clauses 1, 2, 3 and 4 of this Article.
6. Remedial measures:
Transfer earnings from violations prescribed in
Clauses 1, 2, 3 and 4 of this Article to competent authorities.
Article 9. Violations against
regulations on Value for Cultivation and Use Testing (referred to as VCU
testing), and Testing for Distinctness, Uniformity and Stability (referred
to as DUS testing)
1. A fine of from VND 3,000,000
to VND 5,000,000 shall be imposed for failure to maintain the satisfaction of
requirements for carrying out the testing which is approved by a competent
state agency at the time when the testing is designated.
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3. A fine of from VND
10,000,000 to VND 15,000,000 shall be imposed for untrue announcement of
testing results.
4. Additional penalties
Suspension of Decision on authorization for plant
variety testing for a period from 06 to 12 months if any of the violations in
Clause 3 of this Article is committed.
5. Remedial measures:
Announce accurate information about testing results
if the violation in Clause 3 of this Article is committed.
Article 10. Violations against
regulations on use of new plant varieties which are undergone testing and trial
production
1. A fine of from VND
5,000,000 to VND 10,000,000 shall be imposed for testing of a new plant variety
in the testing area that exceeds 30% or more of the regulated one.
2. A fine of from VND
10,000,000 to VND 15,000,000 shall be imposed for any of the following
violations against regulations on trial production of plant varieties:
a) Failure to provide cultivation techniques and
methods of plant varieties undergoing trial production to growers;
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c) Failure to make records of plant varieties
during the trial production.
3. A fine of from VND
15,000,000 to VND 20,000,000 shall be imposed for any of the following
violations:
a) Failure to carry out the trial production of a
plant variety in a suitable ecological region as approved by a competent
agency;
b) Carrying out the trial production of a new plant
variety in the producing area that exceeds below 30% of the regulated one.
4. A fine of from VND
25,000,000 to VND 30,000,000 shall be imposed for the trial production of a new
plant variety in the producing area that exceeds from 30% to below 70% of the
regulated one.
5. A fine of from VND
40,000,000 to VND 50,000,000 shall be imposed for the trial production of a new
plant variety in the producing area that exceeds 70% or more of the regulated
one.
Article 11. Violations against
regulations on management of elite trees and budwood orchards of perennial
industrial plants and fruit plants
1. A fine of from VND
5,000,000 to VND 10,000,000 shall be imposed for any of the following
violations:
a) Failure to label plant varieties with varietal
batch codes;
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c) Failure to cultivate S0 seedling and
S1 seedling in qualified net houses which can prevent vector entry;
d) Exploitation of propagating materials in excess
of the limits specified in Certificate of elite trees or budwood orchards;
dd) Failure to make records of delivery of
propagating materials;
2. Additional penalties
Suspension of Certificate of elite trees or budwood
orchards for a period from 03 to 06 months if any of the violations in Points
b, c, d and dd Clause 1 of this Article is committed.
3. Remedial measures:
a) Label plant variety sources with varietal batch
codes if the violation in Point a Clause 1 of this Article is committed;
b) Make records of delivery of propagating
materials if the violation in point dd Clause 1 of this Article is committed;
c) Destroy plant varieties infected with dangerous
plant pests or degenerative plant varieties if any of the violations in Points
b and c Clause 1 of this Article is committed.
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1. A fine of from VND
20,000,000 to VND 30,000,000 shall be imposed for the use of a plant variety,
of which the application for a patent has been accepted, for commercial
purposes without payment of compensates as regulated in Article 189 of the Law
on intellectual property.
2. A fine of from VND
40,000,000 to VND 50,000,000 shall be imposed for use of rights of a plant
variety patent owner on propagating materials of a registered plant variety
without consent of such patent owner for any of the following purposes:
a) Production or propagation;
b) Treatment for propagation purpose;
c) Offering;
d) Sales or performance of activities for access to
the market;
dd) Export;
e) Import;
g) Storage for performing any of the acts in Points
a, b, c, d, dd and e of this Clause;
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i) Performance of any of the acts in Points a, b,
c, d, dd and e of this Clause with regard to plant varieties originated from
registered plant varieties, except for the cases where a registered plant
variety is originated from another.
3. A fine of from VND
40,000,000 to VND 50,000,000 shall be imposed for use of a variety denomination
which is the same or similar with the denomination of a registered variety of
the same, or a closely related, species.
4. Additional penalties
Confiscation of the exhibits which are used to
commit any of the violations prescribed in Clauses 1, 2 of this Article.
5. Remedial measures:
Transfer earnings from the commitment of any of the
administrative violations in this Article.
Article 13. Violations against
regulations on obligations of owners of plant variety patents and plant
breeders
1. A fine of from VND
15,000,000 to VND 25,000,000 shall be imposed for any of the following
violations:
a) Owners of plant variety patents fail to transfer
the rights to use registered varieties upon decisions on compulsory transfer
granted by competent agencies.
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c) Owners of plant variety patents fail to maintain
the satisfaction of requirements on distinctness, uniformity and
stability of registered plant varieties as at the time when plant variety
patents are granted but still exploit and use propagating materials;
d) Plant breeders fail to assist owners of plant
variety patents in maintaining propagating materials of registered plant
varieties;
2. A fine of from VND
20,000,000 to VND 30,000,000 shall be imposed for use of plant variety patents,
whose validity is expired, suspended or annulled, to exercise rights to plant
varieties.
3. Additional penalties
Confiscation of plant variety patents if any of the
violations in Point c Clauses 1 and 2 of this Article is committed.
4. Remedial measures:
Fulfill obligations if any of the violations in
Points a, b and d Clause 1 of this Article is committed.
Article 14. Violations against
regulations on conditions for production and sale of major plant varieties
1. A fine of from VND 5,000,000
to VND 10,000,000 shall be imposed for any of the following violations against
regulations on conditions for sale of major plant varieties:
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b) Failure to hire technicians who possess
intermediate-level education qualifications in cultivation or plant protection,
or certificates of training in cultivation or plant protection, or higher.
2. A fine of from VND
10,000,000 to VND 20,000,000 shall be imposed for any of the following
violations against regulations on conditions for production of major plant
varieties for commercial purpose:
a) The production location is not conformable with
the planning in agriculture sector; or production requirements for each species
of plant, and those for each grade of variety as regulated;
b) Technical facilities and equipment are not
conformable with the production process and techniques for each species of
plant, and those for each grade of variety as regulated;
c) Failure to hire technicians who possess
intermediate-level education qualifications in cultivation or plant protection,
or higher.
d) Failure to hire technicians who possess
bachelor's degrees, or higher, in agronomy, cultivation, or plant protection,
to carry out the production of pre-basic seeds, basic seeds, parental seeds and
hybrid seeds.
3. Additional penalties
The production of plant varieties shall be
suspended for 06 – 12 months if any of the violations in Clauses 2 of this Article
is committed.
Article 15. Violations against
regulations on production of plant varieties
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2. A fine of from VND 10,000,000 to VND 15,000,000
shall be imposed for any of the following violations:
a) Production of varieties of perennial industrial
trees or fruit trees by vegetative propagation methods without using
propagating materials from certified elite trees or budwood orchards with the
scale of under 5,000 plants;
b) Production of major varieties of forest trees
without using propagating materials from certified parental trees, budwood
orchards, variety nurseries or sapling forests with the scale of under 10,000
plants.
3. A fine of from VND 15,000,000 to VND 25,000,000
shall be imposed for any of the following violations:
a) Production of varieties of perennial industrial
trees or fruit trees by vegetative propagation methods without using
propagating materials from certified elite trees or budwood orchards with the
scale of 5,000 plants or more;
b) Production of major varieties of forest trees
without using propagating materials from certified parental trees, budwood
orchards, variety nurseries or sapling forests with the scale of 10,000 plants
or more.
4. A fine of from VND 20,000,000 to VND 30,000,000
shall be imposed for production, for commercial purposes, of plant varieties
which are not in the list of plant varieties eligible for production and sale
in Vietnam, or are not recognized as new plant varieties by Ministry of
Agriculture and Rural Development.
5. Remedial measures:
a) Change purposes of use or destruct plant
varieties if any of the violations in Clauses 1, 2 and 3 of this Article is
committed;
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c) Destruct plant varieties if the violation
mentioned in Clause 4 of this Article is committed.
Article 16. Violations against
regulations on sale of plant varieties
1. A fine of from VND 6,000,000 to below VND
10,000,000 shall be imposed for any of the following violations committed in
the course of sale of plant varieties in which value of the varietal batch is
from VND 10,000,000 to below VND 20,000,000:
a) Sale of plant varieties whose period of use
expires;
b) Sale of plant varieties which are not in the
list of plant varieties eligible for production and sale in Vietnam, or are not
recognized as new farm crop or forest tree varieties by Ministry of Agriculture
and Rural Development.
2. Fines for the violations in Clause 1 of this
Article:
a) A fine of from VND 10,000,000 to below VND
14,000,000 if value of the varietal batch is from VND 20,000,000 to below VND
30,000,000:
b) A fine of from VND 14,000,000 to below VND
20,000,000 if value of the varietal batch is from VND 30,000,000 to below VND
40,000,000:
c) A fine of from VND 20,000,000 to below VND
30,000,000 if value of the varietal batch is from VND 40,000,000 to below VND
50,000,000:
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dd) A fine of from VND 40,000,000 to VND 50,000,000
if value of the varietal batch is more than VND 70,000,000.
3. Remedial measures:
Change purposes of use or destruct plant varieties
if any of the violations mentioned in this Article is committed.
Article 17. Violations against
regulations on import of plant varieties and plant genetic resources which are
not rare plant genetic resources
1. A fine of from VND 15,000,000 to VND 25,000,000
shall be imposed for import of plant varieties or plant genetic resources
inconsistently with written permission granted by Ministry of Agriculture and
Rural Development.
2. A fine of from VND 30,000,000 to VND 40,000,000
shall be imposed for import of plant varieties or plant genetic resources without
written permission granted by Ministry of Agriculture and Rural Development.
3. A fine of from VND 40,000,000 to VND 50,000,000
shall be imposed for import of plant genetic resources or plant varieties that
are harmful to manufacturing, human health, environment or ecosystem.
4. Remedial measures:
a) Re-export or destruct plant varieties or plant
genetic resources if any of the violations mentioned in Clauses 1 and 2 of this
Article is committed;
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Article 18. Violations against
regulations on management of permits/certificate of practice in plant varieties
1. A fine of from VND 1,000,000 to VND 3,000,000
shall be imposed for using permits/certificates of practice in plant varieties
of other persons, including the following types:
a) Certificate of elite trees or budwood orchards;
b) Decision on authorization for plant variety
testing;
c) Certificates of sample-taking persons, individuals
in charge of testing plant varieties, plant variety rights assessor's card;
d) Practicing certificate for representative
service of rights to plant varieties;
dd) Permit for import/export of genetic resources
of plant varieties.
2. A fine of from VND 3,000,000 to VND 5,000,000
shall be imposed for deliberately changing contents of any of the following
documents:
a) Types of documents mentioned in Clause 1 of this
Article;
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c) Written record of assessment results; written
record of testing results of plant variety sample.
3. A fine of from VND 10,000,000 to VND 20,000,000
shall be imposed for forging the application for any of documents mentioned in
Clause 2 of this Article that not liable to criminal prosecutions.
4. Remedial measures:
a) Transfer illegal benefits obtained from the
violations mentioned in Clause 1 of this Article to state budget;
b) Revoke relevant certificates/documents if any of
the violations mentioned in Clause 2 of this Article is committed;
c) Revoke and destruct relevant
certificates/documents if the violation mentioned in Clause 3 of this Article
is committed.
Chapter III
ADMINISTRATIVE
VIOLATIONS, PENALTIES, FINES AND REMEDIAL MEASURES FOR ADMINISTRATIVE
VIOLATIONS AGAINST REGULATIONS ON PLANT PROTECTION AND QUARANTINE
Article 19. Violations against
regulations on plant pest prevention and control
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2. A fine of from VND 500,000 to VND 1,500,000
shall be imposed for any of the following violations:
a) Deliberately failing to adopt proper measures
against plant pests as requested and instructed by competent state agencies
upon the decision on announcement of plant pests;
b) Providing plant protection services without
written permission granted by communal-level people’s committees.
3. A fine of from VND 1,500,000 to VND 3,000,000
shall be imposed for any of the following violations:
a) Failure to adopt measures against plant pests as
requested and instructed by competent state agencies upon the decision on
announcement of plant pests;
b) Failing to appoint personnel and arrange
facilities to serve the testing of plant quarantine subjects at the requests of
specialized plant protection and quarantine agencies without legitimate
reasons.
4. A fine of from VND 3,000,000 to VND 6,000,000
shall be imposed for any of the following violations:
a) Transport and use of plant varieties or planting
materials infected with plant pests from the area where the plant pests are
announced to other areas;
b) Import, transport, reproduction, raising or
storage of plant pests without written permission granted by Minister of
Agriculture and Rural Development;
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5. A fine of from VND 6,000,000 to VND 12,000,000
shall be imposed for committing any of the violations mentioned in Points a, b
Clause 4 of this Article for commercial purposes.
6. Remedial measures:
a) Implement measures against plant pests as
regulated if any of the violations in Point a Clauses 2 and Point a Clause 3 of
this Article is committed;
b) Destruct plant varieties, planting materials,
and plant pests if any of the violations mentioned in Clause 4 of this Article
is committed.
c) Transfer illegal benefits obtained from the
violation mentioned in Clause 5 of this Article to state budget.
Article 20. Violations against
regulations on imported, exported and in-transit plant quarantine
1. A fine of from VND 1,000,000 to VND 2,000,000
shall be imposed for any of the following violations:
a) Failing to carry out procedures for plant
quarantine before plant quarantine subjects are imported/exported or in
transit;
b) Failing to make statement or carry out
procedures for plant quarantine for plant quarantine subjects brought together
with cabin luggage or checked luggage.
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a) Carrying plant quarantine subjects into Vietnam
without carry out quarantine procedures at border gates;
b) Carrying plant quarantine subjects into Vietnam
without Phytosanitary Certificate granted in the exporting country, except for
the cases where plant quarantine subjects carried are certified by a
specialized plant protection and quarantine agency – Ministry of Agriculture
and Rural Development;
c) Failing to obtain Phytosanitary Certificate for
imported plants as regulated, except for the cases where certification is
granted by specialized plant protection and quarantine agency – Ministry of
Agriculture and Rural Development.
3. A fine of from VND 5,000,000 to VND 10,000,000
shall be imposed for any of the following violations:
a) Transporting or transiting plant quarantine
subjects without implementing measures against plant pests in conformity with
Vietnam's regulations;
b) Failing to transport or transit plant quarantine
subjects in conformity with the routes regulated by specialized agencies for
plant protection and quarantine, or storing in-transit plant quarantine
subjects in the territory of Vietnam over the permitted period;
c) Failing to carry out the treatment of wooden
packages as regulated.
4. A fine of from VND 10,000,000 to VND 20,000,000
shall be imposed for any of the following violations:
a) Providing false information or hiding plant
quarantine subjects when a plant protection and quarantine agency carries out
the quarantine inspection of import/export shipments;
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c) Arbitrarily breaking the seal,
loading/unloading, carrying out the transshipment, ship-to-ship transfer,
carriage transfer or detachment of plant quarantine subjects which are
exported, imported or in transit via means of transport under the inspection of
specialized agencies for plant protection and quarantine.
5. A fine of from VND 20,000,000 to VND 30,000,000
shall be imposed for any of the following violations:
a) Carrying plant quarantine subjects into the
territory of Vietnam but failing to implement mandatory measures as specified
in the Phytosanitary Certificate;
b) Carrying plant quarantine pests or pests subject
to control or live alien pests into the territory of Vietnam without obtaining
permission from Minister of Agriculture and Rural Development;
c) Transporting soils into Vietnam, except for the
cases where a written permission has been granted by Minister of Agriculture
and Rural Development;
d) Failing to re-export plant quarantine subjects
infected with plant quarantine pests or alien pests within a regulated period
upon a decision by a specialized agency for plant protection and quarantine;
dd) Transporting plant quarantine subjects that are
infected with plant quarantine pests but are not thoroughly treated as
designated by specialized agencies for plant protection and quarantine.
6. Remedial measures:
a) Re-export or destruct plant quarantine subjects
if the violation mentioned in Point b Clause 1 of this Article is committed;
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Over the period of 30 days from the date on which a
competent state agency granted decision on imposition of penalties, if plant
quarantine subjects are still in the territory of Vietnam, competent persons
mentioned in Clause 4 Article 33 of this Decree may make decision on destruction
of such plant quarantine subjects, except for legitimate reasons.
c) Carry out treatment of wooden packages if the
violation mentioned in Point c Clause 3 of this Article is committed;
d) Destruct plant quarantine pests, or pests
subject to control, or live alien pests if the violation mentioned in Point b
Clause 5 of this Article is committed;
dd) Carry out a thorough treatment of plant
quarantine subjects which are infected with quarantine plant pests if the
violation mentioned in Point dd Clause 5 of this Article is committed.
Article 21. Violations against
regulations on domestic plant quarantine
1. A warning or a fine of from VND 200,000 to VND
500,000 shall be imposed for failing to obtain Phytosanitary Certificate for
imported, in-transit or domestically transported plants from a specialized
agency for plant protection and quarantine when plant quarantine subjects are
transported from an area where the plant pests are announced to other areas.
2. A fine of from VND 1,000,000 to VND 2,000,000 shall
be imposed for any of the following violations:
a) Failing to transport or load/unload plant
quarantine subjects which are infected with plant quarantine pests, pests
subject to control or alien pests in regulated places as mentioned in
Phytosanitary Certificates for imported, in-transit or domestically transported
plants;
b) Transporting plant quarantine subjects to places
that are not regulated in the Phytosanitary Certificate.
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a) Transporting plant quarantine pests, pests
subject to control or alien pests to various regions in the territory of
Vietnam;
b) Transporting or selling plant quarantine
subjects that are infected with plant quarantine pests, pests subject to
control or alien pests as certified but failing to adhere to regulations of
competent agencies on plant protection and quarantine;
c) Failing to implement measures to localize, block
and eliminate epidemic niduses, pests subject to control or alien pests upon
decisions of competent agencies on plant protection and quarantine.
4. A fine of from VND 5,000,000 to VND 10,000,000
shall be imposed for failing to implement measures for treatment of plant
quarantine subjects infected with plant quarantine pests, or pests subject to
control of Vietnam, or alien pests.
5. A fine of from VND 10,000,000 to VND 20,000,000
shall be imposed for failing to comply with regulations and decisions by
specialized agencies for plant protection and quarantine on the treatment of
plant quarantine pests.
6. Remedial measures:
a) Implement measures to stop the spread of plant
quarantine pests if any of the violations mentioned in Clauses 2, 3 and 5 of
this Article is committed;
b) Destruct plant quarantine subjects that are
infected with quarantine plant pests if any of the violations mentioned in
Clauses 4, 5 of this Article is committed.
Article 22. Violations against
regulations on plant quarantine inspection of imported useful organisms and
plant varieties
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2. A fine of from VND 5,000,000 to VND 10,000,000
shall be imposed for any of the following violations:
a) Failure to comply with regulations on import,
raising and use of useful organisms;
b) Failing to carry out the cultivation of firstly
imported plant varieties in regulated places as mentioned in Phytosanitary
Certificates granted by specialized agencies for plant protection and
quarantine.
3. A fine of from VND 15,000,000 to VND 20,000,000
shall be imposed for carrying out the cultivation or production of imported
plant varieties outside the isolation areas while a specialized agency for
plant protection and quarantine does not come to the conclusion of pest
infection of plant varieties the cultivation/production of which must be
carried out in isolation areas.
4. Remedial measures
Destruct imported useful organisms or plant
varieties if any of the violations mentioned in Clause 2 and Clause 3 of this
Article is committed.
Article 23. Violations against
regulations on treatment of plant quarantine subjects
1. A fine of from VND 5,000,000 to VND 10,000,000
shall be imposed for any of the following violations:
a) Manager of an organization practicing treatment
of plant quarantine subjects does not possess professional qualifications as
regulated;
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c) Failing to meet requirements on technical
methods, facilities and equipment for practicing the treatment of plant
quarantine subjects as regulated;
d) Failing to meet requirements on warehouse of
fumigants.
2. A fine of from VND 7,000,000 to VND 10,000,000
shall be imposed for any of the following violations:
a) Using a type of fumigants whose commercial name
is not in the list of pesticides permitted for use in Vietnam;
b) Using fumigants which are not in conformity with
applicable standards and corresponding technical regulations;
c) Treatment of plant quarantine subjects and/or
wooden packages is not in conformity with regulated technical processes;
d) Practicing treatment of plant quarantine
subjects without obtaining a practicing certificate for treatment of plant
quarantine subjects.
3. A fine of from VND 10,000,000 to VND 15,000,000
shall be imposed for any of the following violations committed while practicing
the fumigation:
a) Using types of fumigants in the list of
pesticides banned from use in Vietnam;
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c) Practicing treatment of plant quarantine
subjects which are stated in violation announcements by competent plant
quarantine agencies in importing countries;
4. Additional penalties
a) Suspend practicing cards for treatment of plant
quarantine subjects for 01 - 03 months if having aggravating factors for the
violation mentioned in Point c Clause 2 of this Article;
b) Suspend practicing certificates for treatment of
plant quarantine subjects for 01 - 06 months if any of the violations mentioned
in Points a, b Clause 2 and Points a, b Clause 3 of this Article is committed;
c) Suspend practicing activities for treatment of
plant quarantine subjects for 01 - 03 months if any of the violations mentioned
in Clause 1 of this Article is committed;
d) Suspend practicing activities for treatment of
plant quarantine subjects for 03 - 06 months if the violation mentioned in
Point c Clause 3 of this Article is repeated.
Article 24. Violations against
regulations on production of pesticides
1. A fine of from VND 5,000,000 to VND 10,000,000
shall be imposed for any of the following violations:
a) Carrying out the production of pesticides while
Certificate of eligibility for production of pesticides expires;
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c) Carrying out the production of pesticides
inconsistently with contents specified in the issued Certificate of eligibility
for production of pesticides;
d) Failing to carry out the quality control of each
batch of formulated pesticides, or failing to retain documents, quality control
certificate and pesticide sample of each batch of formulated pesticides as
regulated by the law.
2. A fine of from VND 10,000,000 to VND 15,000,000
shall be imposed for any of the following violations:
a) Packing formulated pesticides whose expiration
dates are over;
b) Producing pesticides whose labeling contents are
not in conformity with those stated in pesticide registration certificate.
3. A fine of from VND 15,000,000 to VND 20,000,000
shall be imposed for any of the following violations:
a) Carrying out the production of pesticides
without obtaining Certificate of eligibility for production of pesticides;
b) Packing pesticides in the form of glass
syringes;
c) Continuing the production of pesticides while
production activities are suspended, or certificate of eligibility for
production of pesticides is suspended or revoked by a competent state agency;
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4. A fine of from VND 20,000,000 to VND 25,000,000
shall be imposed for production of pesticides which are not in the list of
pesticides permitted for use in Vietnam, except for the cases where an import
permit is granted as regulated in Clause 2 Article 67 of the Law on plant
protection and quarantine.
5. A fine of from VND 25,000,000 to VND 35,000,000
shall be imposed for production of pesticides which are in the list of
pesticides banned from use in Vietnam if the amount of formulated pesticides is
below 50 kilograms (or 50 liters).
6. A fine of from VND 40,000,000 to VND 50,000,000
shall be imposed for production of pesticides which are in the list of
pesticides banned from use in Vietnam if the amount of formulated pesticides is
from 50 kilograms (or 50 liters) to 100 kilograms (or 100 liters).
7. With regard to the production of pesticides
which are in the list of pesticides banned from use in Vietnam, and where the
amount of formulated pesticides exceeds 100 kilograms (or 100 liters), the
competent person in charge of processing the case must transfer records of such
violation to a criminal proceedings agency in order to carry out the criminal
prosecution as regulated in Article 62 of the Law on actions against
administrative violations. A fine of VND 50,000,000 shall be imposed if the
criminal proceedings agency does not make decision on filing of criminal
charges.
8. Additional penalties
a) Suspend activities of producer of pesticides for
06 months if the violation mentioned in Point d Clause 3 of this Article is
committed;
b) Suspend certificate of eligibility for
production of pesticides for 03 - 06 months if the violation mentioned in
Clause 4 of this Article is committed;
b) Suspend certificate of eligibility for
production of pesticides for 06 - 12 months if any of the violations mentioned
in Clauses 5, 6 of this Article is committed.
9. Remedial measures
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b) Recollect pesticides which have improper labels
and eliminate improper contents or replace with proper labels as regulated if
the violation mentioned in Point b Clause 2 of this Article is committed;
c) Destruct formulated pesticides or technical
pesticides if any of the violations mentioned in Point b Clause 3, Clauses 4,
5, 6 and 7 of this Article is committed.
Article 25. Violations against
regulations on sale of pesticides
1. A fine of from VND 1,000,000 to VND 2,000,000
shall be imposed for any of the following violations against regulations on
sale of pesticides:
a) Sale of pesticides together with other goods
such as foods, foodstuffs, soft drink, cattle feed, medicines, veterinary
medicines;
b) Sale of expired or unqualified pesticides, or
those whose quality is not conformable with corresponding technical
regulations, or commercial names are not in the list of pesticides permitted
for use in Vietnam and the amount of formulated pesticides is below 5 kilograms
(or 5 liters);
c) Selling pesticides while Certificate of
eligibility for sale of pesticides expires;
d) Failing to maintain the satisfaction of
conditions for sale of pesticides as regulated in Article 63 of the Law on
plant protection and quarantine.
2. A fine of from VND 3,000,000 to VND 5,000,000
shall be imposed for any of the following violations against regulations on
sale of pesticides:
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b) Sale of a type of pesticides in the list of
pesticides banned from use in Vietnam and the amount of formulated pesticides
is below 3 kilograms (or 3 liters);
c) Selling pesticides without obtaining a
Certificate of eligibility for sale of pesticides.
3. A fine of from VND
5,000,000 to VND 8,000,000 shall be imposed for any of the following violations
against regulations on sale of pesticides:
a) Sale of expired or unqualified pesticides, or
those whose quality is not conformable with corresponding technical
regulations, or commercial names are not in the list of pesticides permitted
for use in Vietnam and the amount of formulated pesticides is from 20 kilograms
(or 20 liters) to 100 kilograms (or 100 liters);
b) Selling a type of pesticides in the list of
pesticides banned from use in Vietnam and the amount of formulated pesticides
is from 03 kilograms (or 03 liters) to below 05 kilograms (or 05 liters);
c) Selling pesticides which are packed in the form
of glass syringes;
d) Selling pesticides which are used as fumigants
to persons who do not obtain practicing cards for treatment of plant quarantine
subjects, or entities that do not obtain practicing certificates for treatment
of plant quarantine subjects;
dd) Providing false instructions for use to buyers
of pesticides;
e) Selling pesticides while sale activities are
suspended, or certificate of eligibility for sale of pesticides is suspended or
revoked.
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a) Sale of expired or unqualified pesticides, or
those whose quality is not conformable with corresponding technical
regulations, or commercial names are not in the list of pesticides permitted
for use in Vietnam and the amount of formulated pesticides is from 100
kilograms (or 100 liters) to below 300 kilograms (or 300 liters);
b) Selling a type of pesticides in the list of
pesticides banned from use in Vietnam and the amount of formulated pesticides
is from 05 kilograms (or 05 liters) to below 10 kilograms (or 10 liters).
5. A fine of from VND
15,000,000 to VND 25,000,000 shall be imposed for any of the following
violations:
a) Sale of expired or unqualified pesticides, or
those whose quality is not conformable with corresponding technical
regulations, or commercial names are not in the list of pesticides permitted
for use in Vietnam and the amount of formulated pesticides is from 300
kilograms (or 300 liters) to below 500 kilograms (or 500 liters);
b) Selling a type of pesticides in the list of
pesticides banned from use in Vietnam and the amount of formulated pesticides
is from 10 kilograms (or 10 liters) to below 20 kilograms (or 20 liters).
6. A fine of from VND
30,000,000 to VND 40,000,000 shall be imposed for any of the following
violations:
a) Sale of expired or unqualified pesticides, or
those whose quality is not conformable with corresponding technical
regulations, or commercial names are not in the list of pesticides permitted
for use in Vietnam and the amount of formulated pesticides is from 500
kilograms (or 500 liters) to below 1,000 kilograms (or 1,000 liters);
b) Selling a type of pesticides in the list of
pesticides banned from use in Vietnam and the amount of formulated pesticides
is from 20 kilograms (or 20 liters) to below 30 kilograms (or 30 liters).
7. A fine of from VND
40,000,000 to VND 50,000,000 shall be imposed for any of the following
violations:
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b) Selling a type of pesticides in the list of
pesticides banned from use in Vietnam and the amount of formulated pesticides
is from 30 kilograms (or 30 liters) to below 50 kilograms (or 50 liters).
8. With regard to the sale of
pesticides which are in the list of pesticides banned from use in Vietnam, and
where the amount of formulated pesticides exceeds 50 kilograms (or 50 liters),
the competent person in charge of processing the case must transfer records of
such violation to a criminal proceedings agency in order to carry out the
criminal prosecution as regulated in Article 62 of the Law on actions against
administrative violations. A fine of up to VND 50,000,000 shall be imposed if
the criminal proceedings agency does not make decision on filing of criminal
charges.
9. Additional penalties
Suspend certificate of eligibility for sale of
pesticides for 01 - 06 months for sale of pesticides which are not in the list
of pesticides permitted for use in Vietnam, or sale of pesticides which are
banned from sale in Vietnam as regulated in Clauses 4, 5, 6 and 7 of this
Article.
10. Remedial measures
a) Recollect and return expired or unqualified
pesticides, or pesticides whose quality is not conformable with corresponding
technical regulations as regulated in Point b Clause 1, Point a Clause 2, Point
a Clause 3, Point a Clause 4, Point a Clause 5, Point a Clause 6 and Point a
Clause 7 of this Article to relevant producers or distributors for destruction
or recycling, if possible.
b) Destruct pesticides which are in the list of
pesticides banned from use in Vietnam, and/or those whose commercial names are
not in the list of pesticides permitted for use in Vietnam, and/or pesticides
packed in the form of glass syringes if the violations in Point c Clause 3,
Points a, b Clause 2, Points a, b Clause 3, Clause 4, Clause 5, Clause 6, Clause
7 and Clause 8 of this Articles is committed.
Article 26. Violations against
regulations on use of pesticides
1. A warning or a fine of from VND 200,000 to VND
500,000 shall be imposed for any of the following violations:
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b) Failing to collect and put packages of used
pesticides in regulated places.
2. A fine of from VND 1,000,000 to VND 2,000,000
shall be imposed for any of the following violations:
a) Using a type of pesticides whose commercial
names are not in the list of pesticides permitted for use in Vietnam;
b) Using pesticides which are packed in the form of
glass syringes.
3. A fine of from VND 2,000,000 to VND 3,000,000
shall be imposed for failing to follow instructions for use as stated labels of
pesticides, leading to dangerous consequences.
4. A fine of from VND 3,000,000 to VND 5,000,000
shall be imposed for using pesticides which are in the list of pesticides
banned from use in Vietnam.
5. Remedial measures
a) Destruct pesticides if any of the violations
mentioned in Clauses 2, 4 of this Article is committed;
b) Implement measures for controlling environmental
pollution if the violation mentioned in Clause 3 of this Article is committed.
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1. A warning or a fine of from VND 500,000 to VND
1,000,000 shall be imposed for any of the following violations:
a) Failing to meet technical requirements on
vehicles for transporting pesticides;
b) Transporting pesticides together with other
goods such as foods, foodstuffs, soft drink, cattle feed, medicines, veterinary
medicines;
c) Transporting chemical pesticides by public
transport vehicles.
2. Penalties for administrative violations against
regulations on sale of pesticides mentioned in Article 25 of this Article shall
be imposed for transporting banned pesticides, or pesticides whose commercial
names are not in the list of pesticides permitted for use in Vietnam.
Article 28. Violations against
regulations on import of pesticides
1. A fine of from VND 3,000,000 to VND 5,000,000
shall be imposed for any of the following violations:
a) Importing formulated pesticides which are in the
list of pesticides permitted for use in Vietnam from a manufacturer other than
that stated in the pesticide registration certificate granted in Vietnam;
b) Importing formulated pesticides which are in the
list of pesticides permitted for use in Vietnam but remaining of shelf life, as
of the date on which such pesticides enter Vietnam, is below two-thirds of that
specified in their labels.
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3. A fine of from VND 10,000,000 to VND 15,000,000
shall be imposed for import of unqualified formulated pesticides or technical
pesticides, or those whose quality is not conformable with corresponding
technical regulations.
4. A fine of from VND 10,000,000 to VND 20,000,000
shall be imposed for any of the following violations:
a) Importing formulated pesticides or technical
pesticides which are not in the list of pesticides permitted for use in Vietnam
without Permit to import pesticides granted by Ministry of Agriculture and
Rural Development;
b) Importing expired formulated pesticides or
technical pesticides, or those packed in the form of glass syringes;
c) Importing formulated pesticides or technical
pesticides other than those stated in the issued Permit;
d) Using, selling or failing to preserve the status
quo of imported formulated pesticides or technical pesticides without obtaining
notice of state inspection results on quality of imported pesticides.
5. A fine of from VND 20,000,000 to VND 30,000,000
shall be imposed for importing pesticides that contain methyl bromine or active
ingredients with grade-I or grade-II acute toxicity upon Globally Harmonized
System of Classification and Labeling of Chemicals (referred to as “GHS”)
without obtaining Permit to import pesticides from Ministry of Agriculture and
Rural Development.
6. A fine of from VND 30,000,000 to VND 40,000,000
shall be imposed for import of pesticides which are in the list of pesticides
banned from use in Vietnam.
7. Remedial measures
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Over the period of 30 days from the date on which a
competent state agency granted decision on imposition of penalties, if
pesticides are still not re-exported, competent persons mentioned in Clause 4
Article 33 of this Decree may make decision on confiscation or destruction of
exhibits of violations as regulated, except for legitimate reasons.
b) Re-export or destruct formulated pesticides and
technical pesticides if any of the violations mentioned in Clause 2, Points a,
b, c Clause 4, Clause 5 and Clause 6 of this Article is committed.
Article 29. Violations against
regulations on pesticide testing for recording in the List of pesticides
1. A fine of from VND 5,000,000 to VND 10,000,000
shall be imposed for any of the following violations:
a) Failing to obtain Permit for pesticide testing;
b) Failing to maintain the satisfaction of
conditions for pesticide testing as regulated in Article 59 of the Law on plant
protection and quarantine while carrying out relevant testing.
2. A fine of from VND 10,000,000 to VND 20,000,000
shall be imposed for any of the following violations:
a) Failing to comply with technical regulations,
standards and methods, and requirements on pesticide testing as regulated;
b) Committing frauds of pesticide testing.
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4. Additional penalties
Suspend activities of an entity carrying out
pesticide testing for 03 – 06 months if any of the violations in Clauses 2, 3
of this Article is committed.
5. Remedial measures
Cancel pesticide testing results if any of the
violations mentioned in Clauses 2, 3 of this Article is committed.
Article 30. Violations against
regulations on management of permits/ certificates of plant protection and
quarantine
1. A fine of from VND 3,000,000 to VND 5,000,000
shall be imposed for deliberately changing contents of any of the following
documents:
a) Permit to import pesticides;
b) Permit for pesticide testing;
c) Pesticide registration certificate;
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dd) Certificate of eligibility for production of
pesticides; Certificate of eligibility for sale of pesticides;
e) Practicing certificate for treatment of plant
quarantine subjects;
g) Practicing card for treatment of plant
quarantine subjects;
h) Notice of state inspection results on quality of
imported pesticides.
i) Certificate of plant protection services granted
by a communal-level people’s committee.
2. A fine of from VND 10,000,000 to VND 20,000,000
shall be imposed for forging the application for any of documents mentioned in
Clause 1 of this Article that not liable to criminal prosecutions.
3. A fine of from VND 20,000,000 to VND 30,000,000
shall be imposed for using pesticides for purposes other than those regulated
in Permit to import pesticides.
4. Remedial measures:
a) Revoke relevant certificates/documents if any of
the violations mentioned in Clause 1 of this Article is committed;
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Chapter IV
POWER TO RECORD AND
IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS
Article 31. Power to impose
penalties of Presidents of people’s committees at various levels
1. Presidents of people’s committees of communes
have the power to:
a) Issue warnings;
b) Impose a fine up to VND 5,000,000;
c) Confiscate the exhibits whose value is up to VND
5,000,000;
d) Enforce the remedial measures mentioned in
Points a, c, dd Clause 1 Article 28 of the Law on Actions against
administrative violations.
2. Presidents of people’s committees of districts
have the power to:
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b) Impose a fine up to VND 25,000,000;
c) Suspend practicing certificates/permits, or
suspend relevant activities;
d) Confiscate the exhibits whose value is up to VND
25,000,000;
dd) Enforce the remedial measures mentioned in
Points a, c, dd, e, h, i Clause 1 Article 28 of the Law on Actions against
administrative violations and Clause 3 Article 4 of this Decree.
3. Presidents of people’s committees of provinces
have the power to:
a) Issue warnings;
b) Impose a fine up to VND 50,000,000;
c) Suspend practicing certificates/permits, or
suspend relevant activities;
d) Confiscate the exhibits for committing
administrative violations;
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Article 32. Power to impose
penalties of inspectors of plant varieties
Inspectors of plant varieties have the power to
impose penalties for administrative violations mentioned in Chapter II of this
Decree. To be specific:
1. Agriculture and rural development inspectors,
and persons who are assigned to carry out specialized inspections have the
power to:
a) Issue warnings;
b) Impose a fine up to VND 500,000;
c) Confiscate the exhibits whose value is up to VND
500,000;
d) Enforce the remedial measures mentioned in
Points a, c, dd Clause 1 Article 28 of the Law on Actions against
administrative violations.
2. Chief Inspectors of Departments of Agriculture
and Rural Development; Directors General or Forest Protection Sub-departments
or Sub-departments of Forestry, Sub-departments of Fisheries, Plant Protection
Sub-departments or Sub-departments of Crop Production and Plant Protection;
Chiefs of inspectorates of Departments of Agriculture and Rural Development;
Chiefs of inspectorates of Department of Crop Production, Forest Protection
Sub-departments or Sub-departments of Forestry, Sub-departments of Fisheries,
Plant Protection Sub-departments or Sub-departments of Crop Production and
Plant Protection that are assigned to manage plant varieties have the power to:
a) Issue warnings;
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c) Suspend practicing certificates/permits, or
suspend relevant activities;
d) Confiscate the exhibits whose value is up to VND
25,000,000;
dd) Enforce the remedial measures mentioned in
Points a, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on Actions
against administrative violations and Points a, b, c, d, dd, e Clause 3 Article
4 of this Decree.
3. Chief of the Inspectorate of Ministry of
Agriculture and Rural Development, and Chiefs of Inspectorates of Directorate
of Fisheries, and Directorate of Water Resources have the power to:
a) Issue warnings;
b) Impose a fine up to VND 35,000,000;
c) Suspend practicing certificates/permits, or
suspend relevant activities;
d) Confiscate the exhibits whose value is up to VND
35,000,000;
dd) Enforce the remedial measures mentioned in
Points a, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on Actions
against administrative violations and Points a, b, c, d, dd, e Clause 3 Article
4 of this Decree.
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a) Issue warnings;
b) Impose a fine up to VND 50,000,000;
c) Suspend practicing certificates/permits, or
suspend relevant activities;
d) Confiscate the exhibits for committing
administrative violations;
dd) Enforce the remedial measures mentioned in
Points a, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on Actions
against administrative violations and Points a, b, c, d, dd, e Clause 3 Article
4 of this Decree.
Article 33. Power to impose
penalties of inspectors of plant protection and quarantine
Inspectors of plant protection and quarantine have
the power to impose penalties for administrative violations mentioned in
Chapter III of this Decree. To be specific:
1. Agriculture and rural development inspectors,
and persons who are assigned to carry out specialized inspections shall comply
with regulations in Clause 1 Article 32 of this Decree.
2. Chief Inspectors of Departments of Agriculture
and Rural Development; Directors General of Plant Protection Sub-departments or
Sub-departments of Crop Production and Plant Protection; Chiefs of
inspectorates of Departments of Agriculture and Rural Development; Chiefs of
inspectorates of Plant Protection Department, Plant Protection Sub-departments
or Sub-departments of Crop Production and Plant Protection have the power to:
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b) Impose a fine up to VND 25,000,000;
c) Suspend permits/certificates of
eligibility/certificates of practice in plant protection and quarantine, or
suspend relevant activities;
d) Confiscate the exhibits whose value is up to VND
25,000,000;
dd) Enforce the remedial measures mentioned in Points
a, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on Actions against
administrative violations and Points g, h, i, k, l, m Clause 3 Article 4 of
this Decree.
3. Chief of the Inspectorate of Ministry of
Agriculture and Rural Development shall have the power to:
a) Issue warnings;
b) Impose a fine up to VND 35,000,000;
c) Suspend practicing certificates/permits, or
suspend relevant activities;
d) Confiscate the exhibits whose value is up to VND
35,000,000;
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4. Chief Inspector of Ministry of Agriculture and
Rural Development and Director General of Plant Protection Department have the
power to:
a) Issue warnings;
b) Impose a fine up to VND 50,000,000;
c) Suspend permits/certificates of
eligibility/certificates of practice in plant protection and quarantine, or
suspend relevant activities;
d) Confiscate the exhibits for committing
administrative violations;
dd) Enforce the remedial measures mentioned in
Points a, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on Actions
against administrative violations and Points g, h, i, k, l, m Clause 3 Article
4 of this Decree.
Article 34. Power to impose
penalties of People’s Public Security Forces
1. Soldiers on duty of People’s Public Security
Forces have the power to:
a) Issue warnings;
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2. Heads of public security stations, and leaders
of soldiers mentioned in Clause 1 of this Article have the power to:
a) Issue warnings;
b) Impose a fine up to VND 1,500,000;
3. Communal-level police chiefs, heads of public
security stations, heads of public security stations at border gates and export
processing zones have the power to:
a) Issue warnings;
b) Impose a fine up to VND 2,500,000;
c) Confiscate the exhibits whose value does not
exceed the fine mentioned in Point b of this Clause;
d) Enforce the remedial measures mentioned in
Points a, c, dd Clause 1 Article 28 of the Law on Actions against
administrative violations.
4. District-level police chiefs; Chief of operation
division of Railway and Road Traffic Police Department, Chief of operation
division of Waterway Police Department; Chiefs of provincial-level police
agencies, including Chiefs of Police Agencies for Administrative Management of
Social Order, Chiefs of Order Police Agencies, Chiefs of Police Agencies for
Investigation of Social Order-related Crimes, Chiefs of Police Agencies for
Investigation of Crimes Related to Economic Management Order and Positions,
Chiefs of the Police Agencies for Investigation of Drug-related Crimes, Chiefs
of Railway and Road Traffic Police Agencies, Chiefs of Waterway Traffic Police
Agencies, Chiefs of Anti-Environment Crime Police Agencies, Chiefs of Internal
Political Security Agencies, Chiefs of Economic Security Agencies, Chiefs of
Ideology & Cultural Security Agencies, and Chiefs of Information Security
Agencies, have the power to:
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b) Impose a fine up to VND 10,000,000;
c) Suspend practicing certificates/permits, or
suspend relevant activities;
c) Confiscate the exhibits whose value does not
exceed the fine mentioned in Point b of this Clause;
dd) Enforce the remedial measures mentioned in
Points a, c, dd Clause 1 Article 28 of the Law on Actions against
administrative violations.
5. Directors of Public Security Departments of
provinces have the power to:
a) Issue warnings;
b) Impose a fine up to VND 25,000,000;
c) Suspend practicing certificates/permits, or
suspend relevant activities;
d) Confiscate the exhibits whose value does not
exceed the fine mentioned in Point b of this Clause;
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6. Directors General of Department of Internal
Political Security, Department of Economic Security, Department of Ideology
& Cultural Security, Department of Information Security, Police Department
for Administrative Management of Social Order, Police Department for
Investigation of Social Order-related Crimes, Police Department for
Investigation of Crimes Related to Economic Management Order and Positions,
Police Department for Investigation of Drug-related Crimes, Railway and Road
Traffic Police Department, Waterway Police Department, Anti-Environment Crime
Police Department, and Police Department for Hi-tech Crime Prevention, have the
power to:
a) Issue warnings;
b) Impose a fine up to VND 50,000,000;
c) Suspend practicing certificates/permits, or
suspend relevant activities;
d) Confiscate the exhibits for committing
administrative violations;
dd) Enforce the remedial measures mentioned in
Points a, c, dd, i, k Clause 1 Article 28 of the Law on Actions against
administrative violations and Clause 3 Article 4 of this Decree.
Article 35. Power to impose
penalties of Customs Authorities
1. Customs officials on duty have the power to:
a) Issue warnings;
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2. Team leaders of Customs Branches, and team
leaders of Post-clearance Audit Branches have the power to:
a) Issue warnings;
b) Impose a fine up to VND 5,000,000;
3. Directors General of Customs Branches and
Post-clearance Audit Branches, leaders of customs enforcement teams affiliated
to provincial, inter-provincial or city Customs Departments, leaders of
anti-smuggling and control teams, leaders of customs procedure teams, leaders
of marine control squads and leaders of intellectual property protection and
control teams, affiliated to Anti-smuggling and Investigation Department,
Vietnam Customs, have the power to:
a) Issue warnings;
b) Impose a fine up to VND 25,000,000;
d) Confiscate the exhibits whose value does not
exceed the fine mentioned in Point b of this Clause;
d) Enforce the remedial measures mentioned in
Points d, dd, g, i, k Clause 1 Article 28 of the Law on Actions against
administrative violations.
4. Directors General of Anti-smuggling and
Investigation Department, and Post-clearance Audit Department, affiliated to
Vietnam Customs, and Directors General of provincial, inter-provincial or city
Customs Departments have the power to:
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b) Impose a fine up to VND 50,000,000;
c) Suspend practicing certificates/permits, or
suspend relevant activities;
d) Confiscate the exhibits whose value does not
exceed the fine mentioned in Point b of this Clause;
dd) Enforce the remedial measures mentioned in
Points d, dd, g, i, k Clause 1 Article 28 of the Law on Actions against
administrative violations.
5. Director General of Vietnam Customs has the
power to:
a) Issue warnings;
b) Impose fines up to maximum levels mentioned in
this Decree;
d) Confiscate the exhibits for committing administrative
violations;
d) Enforce the remedial measures mentioned in
Points d, dd, g, i, k Clause 1 Article 28 of the Law on Actions against
administrative violations.
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1. Market controllers on duty have the power to:
a) Issue warnings;
b) Impose a fine up to VND 500,000;
2. Leaders of Market Surveillance Teams have the
power to:
a) Issue warnings;
b) Impose a fine up to VND 25,000,000;
c) Confiscate the exhibits whose value does not
exceed the fine mentioned in Point b of this Clause;
d) Enforce the remedial measures mentioned in
Points a, dd, e, g, h, i, k Clause 1 Article 28 of the Law on Actions against
administrative violations.
3. Directors General of Market Surveillance
Departments affiliated to Departments of Industry and Trade, and Heads of
Anti-smuggling Division, Anti-Counterfeiting Division, and Goods Quality
Control Division, affiliated to Market Surveillance Agency, have the power to:
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b) Impose a fine up to VND 50,000,000;
c) Confiscate the exhibits whose value does not
exceed the fine mentioned in Point b of this Clause;
d) Suspend practicing certificates/permits, or
suspend relevant activities;
dd) Enforce the remedial measures mentioned in
Points a, c, d, dd, e, g, h, i, k Clause 1 Article 28 of the Law on Actions
against administrative violations.
4. Director General of Market Surveillance Agency
has the power to:
a) Issue warnings;
b) Impose fines up to maximum levels mentioned in
this Decree;
c) Confiscate the exhibits for committing
administrative violations;
d) Suspend practicing certificates/permits, or
suspend relevant activities;
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Article 37. Power to impose
penalties of Border Guard Forces
1. Border guards on duty have the power to:
a) Issue warnings;
b) Impose a fine up to VND 500,000;
2. Heads of border guard stations, and leaders of individuals
mentioned in Clause 1 of this Article have the power to:
a) Issue warnings;
b) Impose a fine up to VND 2,500,000;
3. Heads of Border Guard Posts, Leaders of Marine
Border Guard units, Commanders of border guard sub-regions, and Commanders of
Border Guard Teams at Ports have the power to:
a) Issue warnings;
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c) Confiscate the exhibits whose value does not
exceed the fine mentioned in Point b of this Clause;
d) Enforce the remedial measures mentioned in Points
a, c, dd, k Clause 1 Article 28 of the Law on Actions against administrative
violations.
4. Commanders of Border Guard Units of provinces,
Commanders of Marine Boarder Guard Fleets affiliated to the Border Guard High
Command have the power to:
a) Issue warnings;
b) Impose fines up to maximum levels mentioned in
this Decree;
c) Suspend practicing certificates/permits, or
suspend relevant activities;
d) Confiscate the exhibits for committing
administrative violations;
dd) Enforce the remedial measures mentioned in
Points a, c, dd, i, k Clause 1 Article 28 of the Law on Actions against
administrative violations.
Article 38. Power to impose
penalties of Coast Guard Units
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a) Issue warnings;
b) Impose a fine up to VND 1,000,000;
2. Heads of Coast Guard operation groups have the
power to:
a) Issue warnings;
b) Impose a fine up to VND 2,500,000;
3. Heads of Coast Guard operation units and Heads
of Coast Guard stations have the power to:
a) Issue warnings;
b) Impose a fine up to VND 5,000,000;
c) Enforce the remedial measures mentioned in
Points a, c, dd Clause 1 Article 28 of the Law on Actions against
administrative violations.
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a) Issue warnings;
b) Impose a fine up to VND 10,000,000;
c) Confiscate the exhibits whose value does not
exceed the fine mentioned in Point b of this Clause;
d) Enforce the remedial measures mentioned in
Points a, c, d, dd, k Clause 1 Article 28 of the Law on Actions against
administrative violations.
5. Heads of Coast Guard Fleets have the power to:
a) Issue warnings;
b) Impose a fine up to VND 15,000,000;
c) Confiscate the exhibits whose value does not
exceed the fine mentioned in Point b of this Clause;
d) Enforce the remedial measures mentioned in
Points a, c, d, dd, k Clause 1 Article 28 of the Law on Actions against
administrative violations.
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a) Issue warnings;
b) Impose a fine up to VND 25,000,000;
c) Confiscate the exhibits whose value does not
exceed the fine mentioned in Point b of this Clause;
d) Enforce the remedial measures mentioned in
Points a, c, d, dd, k Clause 1 Article 28 of the Law on Actions against
administrative violations.
7. The Commander of Coast Guard High Command has
the power to:
a) Issue warnings;
b) Impose fines up to maximum levels mentioned in
this Decree;
c) Suspend practicing certificates/permits, or
suspend relevant activities;
d) Confiscate the exhibits for committing
administrative violations;
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Article 39. Determination of
power to impose penalties of People’s Public Security, Customs Authorities,
Market Surveillance Units, Border Guard Forces and Coast Guard Forces
1. Competent persons of People’s Public Security
Forces have the power to impose penalties for administrative violations, impose
additional penalties and enforce remedial measures for administrative
violations mentioned in this Decree within their competence as regulated in
Article 34 of this Decree and within the ambit of their functions, tasks and
powers.
2. Competent persons of Customs Authorities have
the power to impose penalties for administrative violations, impose additional
penalties and enforce remedial measures for administrative violations mentioned
in Article 8, Points d, dd Clause 2 Article 12, Article 17, Article 20, Article
22, Article 28 and Article 30 of this Decree within their competence as
regulated in Article 35 of this Decree and within the ambit of their functions,
tasks and powers.
3. Competent persons of Market Surveillance Units
have the power to impose penalties for administrative violations, impose
additional penalties and enforce remedial measures for administrative
violations mentioned in Articles 13, 14, 15, 16, 18, 19, 24, 25, 27 and 30 of
this Decree within their competence as regulated in Article 36 of this Decree
and within the ambit of their functions, tasks and powers.
4. Competent persons of Border
Guard Forces have the power to impose penalties for administrative violations,
impose additional penalties and enforce remedial measures for administrative
violations mentioned in Article 17, Clause 1 Article 18, Clause 4 Article 19,
Article 20, Article 27, and Clause 6 Article 28 of this Decree within their
competence as regulated in Article 37 of this Decree and within the ambit of
their functions, tasks and powers.
5. Competent persons of Coast Guard Forces have the
power to impose penalties for administrative violations, impose additional
penalties and enforce remedial measures for administrative violations mentioned
in Article 17, Clause 1 Article 18, Clause 4 Article 19, Article 20, Article
27, and Clause 6 Article 28 of this Decree within their competence as regulated
in Article 38 of this Decree and within the ambit of their functions, tasks and
powers.
Article 40. Power to record
administrative violations
1. The persons having the power to impose penalties
mentioned in Article 31 - 38 of this Decree within the ambit of their
functions, tasks and powers.
2. Officials and public employees on duty within
the ambit of their functions and powers as assigned in the field of plant varieties,
plant protection and quarantine.
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IMPLEMENTATION
Article 41. Effect
1. This Decree takes effect as of June 25, 2016.
2. This Decree replaces the Government's Decree No.
114/2013/ND-CP dated October 03, 2013 on penalties for administrative
violations against regulations on plant varieties, plant protection and
quarantine.
Article 42. Transition
The administrative violations against regulations
on plant varieties, plant protection and quarantine that are committed before
the effective date of this Decree and discovered afterwards or still in
consideration, the regulations that are advantageous to the violators shall
apply.
Article 43. Responsibility for
implementation
1. Minister of Agriculture and Rural Development
shall instruct and organize the implementation of this Decree.
2. Ministers, Heads of ministerial-level agencies,
Heads of Government’s agencies, Presidents of People’s Committees of
central-affiliated cities or provinces shall implement this Decision./.
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PP THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc