THE GOVERNMENT
-------
|
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
---------------
|
No. 55/2018/ND-CP
|
Hanoi, April 16,
2018
|
DECREE
PRESCRIBING
ADMINISTRATIVE PENALTIES FOR VIOLATIONS ARISING IN THE FERTILIZER SECTOR
Pursuant to the Law on Government Organization
dated June 19, 2015;
Pursuant to the Law on Handling of
Administrative Violations dated June 20, 2012;
In the light of the request of the Minister of
Agriculture and Rural Development;
The Government hereby issues the Decree that
stipulates administrative penalties for violations arising in the fertilizer
sector.
Chapter I
GENERAL PROVISIONS
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
1. This Decree prescribes violating acts, penalty
forms, rates and corrective measures to mitigate consequences resulted from
administrative violations, authority to impose administrative penalties and
authority to issue administrative penalty notices in the fertilizer sector.
2. Fertilizer-sector administrative violations
other than those specified in this Decree shall be subject to penalties
prescribed in other relevant Decrees of the Government on imposition of
administrative penalties for violations arising within its jurisdiction.
Article 2. Subjects of
application
1. This Decree shall apply to organizations and
individuals committing administrative violations in the fertilizer sector
within the territory of Vietnam.
2. Individuals referred to in Clause 1 of this
Article include business households bound to apply for business registration
under the provisions of the Enterprise Law; family households involved in
agricultural, forestry, fishery and salt production industries, and peddlers,
merchant dealers, travelling vendors or service providers who earn low income and
are exempted from business registration requirements under laws.
3. Organizations referred to in Clause 1 of this
Article are comprised of:
a) Economic organizations established under the
Enterprise Law, e.g. private enterprises, joint-stock companies, limited
liability companies and partnerships;
b) Economic organizations established under the
provisions of the Law on Cooperatives, e.g. cooperatives and cooperative
alliances;
c) Economic organizations established under the
provisions of the Law on Investment, e.g. domestic investors, foreign investors
and foreign-invested economic organizations;
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
Article 3. Statute of
limitations for administrative penalties
1. Statute of limitations for administrative
penalties for violations arising in the fertilizer sector shall be 01 year
while the statute of limitations for those arising in fertilizer manufacturing,
export and import operations shall be 02 years.
2. The date on which the statute of limitations for
administrative penalties referred to in Clause 1 of this Article commence shall
be subject to Point b, c and d Clause 1 Article 6 of the Law on Administrative
Penalties.
Article 4. Penalty forms and
corrective measures
1. Organizations and individuals committing
administrative violations arising in the fertilizer sector shall be subject to
administrative penalties imposed in the form of warnings or monetary fines.
2. Depending on the nature and seriousness of
violations, violating organizations and individuals shall face the following
supplemental penalties:
a) Definite-term deprivation of the right of use of
the Certificate of conformity with fertilizer manufacturing requirements/the
fertilizer manufacturing License, the Certificate of fulfillment of fertilizer
trading conditions, the Decision on recognition of conformance to fertilizer
testing requirements, the Certificate of registration of business scope or the
appointment Decision;
b) Definite-term suspension of fertilizer production
and trading activities;
c) Confiscation of material objects or equipment
used as evidence for administrative violations arising in the fertilizer
sector;
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
3. This Decree prescribes that the following
corrective measures may be taken to mitigate consequences:
a) Forcible seizure of fertilizers for retests;
b) Forcible reprocessing of fertilizers without
obtaining the Decision on authorization for marketing of fertilizers in Vietnam
or transformation of them into input materials for production of finished
fertilizer products;
c) Forcible recall and return of expired
fertilizers to manufacturers;
d) Forcible disgorgement of ill-gotten gains
obtained by commission of administrative violations;
dd) Forcible destruction;
e) Forcible re-export;
g) Forcible annulment of fertilizer test results;
fertilizer sampling results; fertilizer quality analysis and test results;
h) Forcible recovery and elimination of documents
and materials;
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
Article 5. Monetary penalty
amounts and authority to impose monetary penalties
1. The maximum amount of monetary penalty imposed on
an individual and organization committing an administrative violation arising
in the fertilizer sector shall be VND 100,000,000 and VND 200,000,000,
respectively.
2. The amount of monetary penalty stipulated herein
shall be the amount of penalty for administrative violations committed by
individuals. If organizations commit the same violation, the amount of monetary
penalty imposed on these organizations shall be 02 times as much as that
imposed on individuals.
3. Authority to impose administrative penalties of
different office holders which is prescribed herein shall be accepted as
authority to impose administrative penalty for an administrative violation
committed by individuals; in the case of monetary penalties, authority to
impose such penalties on organizations shall be 02 times as much as that on
individuals.
Chapter II
VIOLATING ACTS, PENALTY
FORMS, RATES AND CORRECTIVE MEASURES TO MITIGATE CONSEQUENCES RESULTED FROM
ADMINISTRATIVE VIOLATIONS ARISING IN THE FERTILIZER SECTOR
Article 6. Violations against
fertilizer production regulations
1. Warnings shall be given as a form of penalty for
failure to submit annual review reports on fertilizer production, import and
export.
2. The amount of monetary penalty ranging from VND
5,000,000 to VND 10,000,000 shall be imposed for one of the following
violations:
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
b) Do not install shelves, linings and covers used
for handling of finished products;
c) Do not prepare annual review reports on
fertilizer production, import and export during 02 consecutive years, or do not
make ad-hoc reports upon the request of the relevant regulatory authority;
d) Neither have recognized laboratories nor enter
into contracts with appointed testing organizations in order to carry out
assessment of indicators for quality of fertilizers manufactured on their own.
3. The amount of monetary penalty ranging from VND
10,000,000 to VND 15,000,000 shall be imposed for one of the following violations:
a) Persons authorized direct management of
manufacturing of fertilizers have not obtained at least a undergraduate degree
in such majors as crop farming, plant protection, soil agro-chemistry,
agronomy, chemistry and biology;
b) Do not meet the deadline for recall of
fertilizers stipulated in competent authority’s decisions.
4. The amount of monetary penalty ranging from VND
15,000,000 to VND 20,000,000 shall be imposed for one of the following
violations:
a) Do not keep samples of specific batches under
regulations on the sample storage duration;
b) Do not keep a record of test results under
regulations on record-keeping duration of specific fertilizer batches;
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
5. The amount of monetary penalty ranging from VND
20,000,000 to VND 25,000,000 shall be imposed for use of fertilizer manufacturing
lines and machinery used from the raw material processing stage to the finished
product manufacturing stage which do not comply with the technological process
specified in the registration application for the certificate of conformity
with fertilizer production requirements with relevant competent authorities.
6. The amount of monetary penalty ranging from VND
25,000,000 to VND 30,000,000 shall be imposed for one of the following
violations:
a) Do not carry out testing and assessment of quality
of each batch of finished fertilizers before selling them on the market;
b) Do not recall fertilizers under the decision
granted by a competent authority.
7. The amount of monetary penalty ranging from VND
60,000,000 to VND 70,000,000 shall be imposed for manufacturing of fertilizers
containing factors in excess of the permitted maximum limit.
8. The amount of monetary penalty shall be imposed
for violations against regulations on the Certificate of conformity with
fertilizer manufacturing requirements/the fertilizer manufacturing License as
follows:
a) The amount of monetary penalty ranging from VND
10,000,000 to VND 15,000,000 shall be imposed for violations such as, at one’s
free will, marking, erasing, correcting or changing information displayed on
the Certificate of conformity with fertilizer manufacturing requirements/the
fertilizer manufacturing License;
b) The amount of monetary penalty ranging from VND
20,000,000 to VND 30,000,000 shall be imposed for refusal to give back the
Certificate of conformity with fertilizer manufacturing requirements/the
fertilizer manufacturing License under the decision granted by a competent
authority;
c) The amount of monetary penalty ranging from VND
30,000,000 to VND 40,000,000 shall be imposed for manufacturing of fertilizers
of which types are not specified in the Certificate of conformity with
fertilizer manufacturing requirements/the fertilizer manufacturing License;
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
dd) The amount of monetary penalty ranging from VND
50,000,000 to VND 60,000,000 shall be imposed for manufacturing fertilizers at
locations which are not specified in the Certificate of conformity with
fertilizer manufacturing requirements/the fertilizer manufacturing License;
e) The amount of monetary penalty ranging from VND
60,000,000 to VND 70,000,000 shall be imposed for manufacturing fertilizers
without obtaining the Certificate of conformity with fertilizer manufacturing
requirements/the fertilizer manufacturing License;
g) The amount of monetary penalty ranging from VND
70,000,000 to VND 80,000,000 shall be imposed for manufacturing fertilizers
with the Decision on authorization of marketing of fertilizers in Vietnam which
has expired or revoked.
9. e) The amount of monetary penalty ranging from
VND 80,000,000 to VND 90,000,000 shall be imposed for manufacturing fertilizers
without obtaining the Decision on authorization of marketing of fertilizers in
Vietnam that are worth under VND 200,000,000 or to earn illegal gains which are
worth less than VND 100,000,000, except for manufacturing of fertilizers for
research and testing purposes; manufacturing fertilizers in pilot manufacturing
projects or programs for assistance in transfer of engineering and
technological advances which are implemented within the project or program
execution duration.
10. With respect to manufacturing fertilizers
without obtaining the Decision on authorization of marketing of fertilizers in
Vietnam to the minimum value of VND 200,000,000 or manufacturing fertilizers to
earn illegal gains which are worth VND 100,000,000 or above, except for
manufacturing of fertilizers for research and testing purposes, or
manufacturing fertilizers in pilot manufacturing projects or programs for
assistance in transfer of engineering and technological advances which are
implemented within the project or program execution duration, the person
accorded authority over this case shall promptly send documentation related to
this violation to a criminal procedures authority to initiate criminal
prosecution process under Article 62 of the Law on Handling of Administrative
Violations; if the criminal procedures authority decides not to bring a
criminal lawsuit, decides to revoke the decision on filing of a criminal case,
decides to suspend the investigation process or decides to terminate the
prosecution process, and such manufacturing is proved to be an administrative
violation, the amount of monetary penalty for that violation shall range from
VND 90,000,000 to VND 100,000,000.
11. Supplemental penalties
a) Depriving of the right to use the Certificate of
conformity with fertilizer manufacturing requirements/the fertilizer manufacturing
License for the period from 03 to 06 months shall be imposed for any violation
referred to in Clause 4 of this Article which is committed in multiple times or
repeated;
b) Depriving of the right to use the Certificate of
conformity with fertilizer manufacturing requirements/the fertilizer
manufacturing License for the period from 06 to 09 months shall be imposed for
any violation referred to in Clause 5 and 6 of this Article which is committed
in multiple times or repeated;
c) Depriving of the right to use the Certificate of
conformity with fertilizer manufacturing requirements/the fertilizer
manufacturing License for the period from 09 to 12 months shall be imposed for
any violation referred to in Clause 7 of this Article which is committed in
multiple times or repeated;
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
dd) Depriving of the right to use the Certificate
of conformity with fertilizer manufacturing requirements/the fertilizer
manufacturing License for the period from 09 to 12 months shall be imposed for
any violation referred to in Clause 9 of this Article;
e) Depriving of the right to use the Certificate of
conformity with fertilizer manufacturing requirements/the fertilizer
manufacturing License for the period of 24 months shall be imposed for any
violation referred to in Clause 10 of this Article;
g) Termination of fertilizer manufacturing for the
period from 03 to 09 months shall be imposed for any violation referred to in
Point e and g Clause 8 of this Article;
h) Seizure of the Certificate of conformity with
fertilizer manufacturing requirements/the fertilizer manufacturing License
shall be imposed for any violation referred to in Point a Clause 8 of this
Article.
12. Corrective measures
a) The measure to forcibly recall fertilizers for
retests shall be applied to any violation referred to in Point a Clause 6 of
this Article;
b) The measure to forcibly recall fertilizers which
are then subject to destruction shall be applied to any violation referred to
in Clause 7 of this Article;
c) The measure to forcibly destroy, reprocess
fertilizers without obtaining the Decision on marketing authorization in
Vietnam or convert them into input materials intended for manufacturing of
finished fertilizer products shall be applied to any violation referred to in
Clause 9 and 10 of this Article;
d) The measure to forcibly disgorge ill-gotten
gains shall be applied to any violation referred to in Clause 9 and 10 of this
Article.
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
1. Violations against fertilizer trading regulations,
including offering for sale, sale, custody, storage, transportation,
wholesaling, retailing, export of fertilizers and other efforts in selling
fertilizers in the market, shall be subject to Article 7 hereof; violations
against regulations on importation of fertilizers shall be subject to Article 8
hereof.
2. The amount of monetary penalty ranging from VND
1,000,000 to VND 3,000,000 shall be imposed for one of the following
violations:
a) Failing to maintain conformity with fertilizer
trading requirements set out in Article 19 of the Decree No. 108/2017/ND-CP
during the business period;
b) Keeping or storing fertilizers in the same place
as or together with other commodities such as foods and beverages, animal
feeds, pharmaceuticals and veterinary drugs;
c) Trading fertilizers during the period of
research, test, or in pilot manufacturing projects without obtaining the
Decision on marketing authorization in Vietnam.
3. The amount of monetary penalty ranging from VND
5,000,000 to VND 7,000,000 shall be imposed for one of the following
violations:
a) At one’s free will, marking, erasing, correcting
or changing information displayed on the Certificate of conformity with
fertilizer trading requirements;
b) Trading fertilizers even when such trading
activity has been subject to the suspension decision, or the Certificate of
conformity with fertilizer trading requirements has expired or withdrawn;
c) Trading fertilizers with the Decision on
marketing authorization in Vietnam which has been revoked.
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
5. The amount of monetary penalty ranging from VND
10,000,000 to VND 15,000,000 shall be imposed for trading of fertilizers
containing factors in excess of the permitted maximum limit.
6. Trading fertilizers without obtaining the
Decision on marketing authorization in Vietnam or trading fertilizers which
have expired shall be subject to the following penalties:
a) Warning shall be imposed if violating
fertilizers are worth less than VND 1,000,000;
b) The amount of monetary penalty ranging from VND
500,000 to VND 1,000,000 shall be imposed for trading a batch of fertilizers
worth from VND 1,000,000 to VND 2,000,000;
c) The amount of monetary penalty ranging from VND
1,000,000 to VND 2,000,000 shall be imposed for trading a batch of fertilizers
worth from VND 2,000,000 to less than VND 3,000,000;
d) The amount of monetary penalty ranging from VND
2,000,000 to VND 3,000,000 shall be imposed for trading a batch of fertilizers
worth from VND 3,000,000 to less than VND 5,000,000;
dd) The amount of monetary penalty ranging from VND
4,000,000 to VND 6,000,000 shall be imposed for trading a batch of fertilizers
worth from VND 5,000,000 to less than VND 7,000,000;
e) The amount of monetary penalty ranging from VND
6,000,000 to VND 7,000,000 shall be imposed for trading a batch of fertilizers
worth from VND 7,000,000 to less than VND 10.000.000;
g) The amount of monetary penalty ranging from VND
8,000,000 to VND 10,000,000 shall be imposed for trading a batch of fertilizers
worth from VND 10,000,000 to less than VND 15,000,000;
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
i) The amount of monetary penalty ranging from VND
15,000,000 to VND 20,000,000 shall be imposed for trading a batch of
fertilizers worth from VND 25,000,000 to less than VND 35,000,000;
k) The amount of monetary penalty ranging from VND
25,000,000 to VND 35,000,000 shall be imposed for trading a batch of
fertilizers worth from VND 35,000,000 to less than VND 50,000,000;
l) The amount of monetary penalty ranging from VND
40,000,000 to VND 50,000,000 shall be imposed for trading a batch of
fertilizers worth from VND 50,000,000 to less than VND 70,000,000;
m) The amount of monetary penalty ranging from VND
50,000,000 to VND 60,000,000 shall be imposed for trading a batch of
fertilizers worth from VND 70,000,000 to less than VND 100,000,000;
n) The amount of monetary penalty ranging from VND
60,000,000 to VND 70,000,000 shall be imposed for trading a batch of
fertilizers worth from VND 100.000.000 to less than VND 150,000,000;
o) The amount of monetary penalty ranging from VND
70,000,000 to VND 80,000,000 shall be imposed for trading a batch of
fertilizers worth from VND 150,000,000 to less than VND 200,000,000;
p) With respect to trading fertilizers without
obtaining the Decision on authorization of marketing of fertilizers in Vietnam
to the minimum value of VND 200,000,000, the person accorded authority over
this case shall promptly send documentation related to this violation to a
criminal procedures authority to initiate criminal prosecution process under
Article 62 of the Law on Handling of Administrative Violations; if the criminal
procedures authority decides not to bring a criminal lawsuit, decides to
suspend the investigation process or decides to terminate the prosecution
process, and such trading activity is proved to be an administrative violation,
the amount of monetary penalty for that violation shall range from VND
90,000,000 to VND 100,000,000.
7. Supplemental penalties
a) Depriving of the right to use the Certificate of
conformity with fertilizer trading requirements or suspension of fertilizer
trading activities for the period from 01 to 03 months shall be imposed for any
violation referred to in Point i and k Clause 6 of this Article which is
committed in multiple times or repeated;
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
c) Depriving of the right to use the Certificate of
conformity with fertilizer trading requirements or suspension of fertilizer
trading activities for the period from 06 to 09 months shall be imposed for any
violation referred to in Clause 5 and Point n Clause 6 of this Article which is
committed in multiple times or repeated;
d) Depriving of the right to use the Certificate of
conformity with fertilizer trading requirements or suspension of fertilizer
trading activities for the period from 09 to 12 months shall be imposed for any
violation referred to in Point o Clause 6 of this Article;
dd) Depriving of the right to use the Certificate
of conformity with fertilizer trading requirements or suspension of fertilizer
trading activities for the period from 12 to 15 months shall be imposed for any
violation referred to in Point p Clause 6 of this Article;
e) Suspension of fertilizer trading activities for
the period from 03 to 09 months shall be imposed for any violation referred to
in Clause 4 of this Article;
g) Seizure of the Certificate of conformity with
fertilizer trading requirements shall be imposed for any violation referred to
in Point a Clause 3 of this Article.
8. Mitigative measures
a) The measure to forcibly recall expired
fertilizers which are then returned to manufacturers shall be applied to any
violation referred to in Clause 6 of this Article;
b) The measure to forcibly destroy, reprocess
fertilizers without obtaining the Decision on marketing authorization in
Vietnam or convert them into input materials intended for manufacturing of finished
fertilizer products shall be applied to any violation referred to in Clause 6
of this Article;
c) The measure to forcibly recall fertilizers which
are then subject to destruction shall be applied to any violation referred to
in Clause 5 of this Article.
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
1. The amount of monetary penalty ranging from VND
5,000,000 to VND 10,000,000 shall be imposed for one of the following
violations:
a) At one’s free will, marking, erasing, correcting
or changing information displayed on the fertilizer import License;
b) Manufacturing, marketing or failure to maintain
the original state of fertilizers without obtaining the notification of state
inspection of quality of imported fertilizers.
2. Import of fertilizers which do not meet quality
standards, import of expired fertilizers or fertilizers without the fertilizer
import License with respect to those of which import requires the import
License shall be subject to the following penalties:
a) The amount of monetary penalty ranging from VND
3,000,000 to VND 5,000,000 shall be imposed for import of a batch of
fertilizers worth less than VND 30,000,000;
b) The amount of monetary penalty ranging from VND
5,000,000 to VND 10,000,000 shall be imposed for importing a batch of
fertilizers worth from VND 30,000,000 to less than VND 50,000,000;
c) The amount of monetary penalty ranging from VND
10,000,000 to VND 15,000,000 shall be imposed for importing a batch of
fertilizers worth from VND 50,000,000 to less than VND 100,000,000;
d) The amount of monetary penalty ranging from VND
15,000,000 to VND 25,000,000 shall be imposed for import of a batch of
fertilizers worth at least VND 100,000,000.
3. Supplemental penalties
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
4. Mitigative measures
a) The measure to forcibly re-export fertilizers
shall be applied to any violation referred to in Clause 2 of this Article if
imported fertilizers do not meet quality standards or do not have the import
License which is legally required for import.
After duration of 30 days of receipt of the
decision on imposition of penalty from relevant competent authorities, if there
is a delay in re-export of violating fertilizers, the person accorded relevant
authority as stipulated in Clause 4 Article 13 hereof shall issue the decision
on seizure or destruction of objects indicating such violation in accordance
with applicable regulations, except if there are sound grounds for such delay.
b) The measure to forcibly re-export or destroy
fertilizers shall be applied to any violation referred to in Clause 2 of this
Article if these imported fertilizers are expired.
c) The measure to forcibly disgorge the monetary
amount equal to the value of material object exhibiting violation if such
object has been used or concealed shall be applied to import of fertilizers
failing to meet quality standards as prescribed in Clause 2 of this Article.
Article 9. Violations against
regulations on fertilizer product sampling, analysis and testing of quality of
fertilizer products
1. The amount of monetary penalty ranging from VND
5,000,000 to VND 10,000,000 shall be imposed for one of the following
violations against regulations on fertilizer product sampling for assessment
and certification of conformity or for state management purposes:
a) Collecting fertilizer samples without obtaining
the Certificate of training in fertilizer sampling or the Certificate of
training as a fertilizer sampling technician;
b) Failure to apply the sampling method conforming
to national standards for fertilizer sampling, except for fertilizers for which
the national fertilizer sampling standard is not available.
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
3. The amount of monetary penalty for violation
against fertilizer testing regulations:
a) The amount of monetary penalty ranging from VND
30,000,000 to VND 40,000,000 shall be imposed for analysis and testing of
quality of fertilizers intended for state management purposes in which the test
used falls outside of the stipulated scope of tests;
b) The amount of monetary penalty ranging from VND
40,000,000 to VND 50,000,000 shall be imposed for analysis and testing of
quality of fertilizers intended for state management purposes without obtaining
recognition or permission from competent authorities.
4. Supplemental penalties
Depriving of the right to use the Certificate of
registration of business scope or the designation decision for the period from
06 to 12 months shall be imposed for any violation referred to in Clause 3 of
this Article.
5. Mitigative measures
The measure to forcibly to waive the fertilizer sampling
result, fertilizer quality analysis and test result shall be applied to any
violation prescribed in Clause 1 and 3 of this Article.
Article 10. Violations against
fertilizer testing regulations
1. The amount of monetary penalty ranging from VND
5,000,000 to VND 10,000,000 shall be imposed for one of the following
violations:
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
b) Failure to submit annual review reports on
performance of fertilizer testing organizations or ad-hoc reports requested by
relevant competent authorities.
2. The amount of monetary penalty ranging from VND
15,000,000 to VND 20,000,000 shall be imposed for one of the following
violations:
a) Failure to maintain fulfillment of eligibility
conditions of fertilizer testing organizations during the testing process;
b) Failure to comply with technical regulations,
standards and processes as well as testing requirements in accordance with
applicable regulations.
3. The amount of monetary penalty ranging from VND
20,000,000 to VND 30,000,000 shall be imposed for provision of incorrect test
results.
4. The amount of monetary penalty ranging from VND
30,000,000 to VND 40,000,000 shall be imposed for provision of test results
even though there is none of fertilizer tests or fertilizer tests do not
conform to applicable regulations.
5. The amount of monetary penalty ranging from VND
40,000,000 to VND 50,000,000 shall be imposed for one of the following
violations:
a) Erasing or correcting information included in
fertilizer testing documents;
b) Using falsified and misleading documents or
materials to obtain recognition of conformance to fertilizer testing
requirements which is not so serious that criminal prosecution may be brought.
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
a) Deprivation of the right to use the Decision on
recognition of conformity with testing requirements for the period from 06 to
12 months shall be imposed for any violation referred to in Clause 2 of this
Article which is committed in multiple times or repeated;
b) Deprivation of the right to use the Decision on
recognition of conformity with testing requirements for the period from 09 to
12 months shall be imposed for any violation referred to in Clause 4 of this
Article;
c) Deprivation of the right to use the Decision on
recognition of conformity with testing requirements for the period from 12 to
18 months shall be imposed for any violation referred to in Clause 5 of this
Article.
7. Mitigative measures
a) The measure to forcibly waive fertilizer test results
shall be applied to any violation referred to in Clause 2, 3, 4 and 5 of this
Article;
b) The measure to forcibly recall and destroy
documents and materials shall be applied to any violation referred to in Clause
5 of this Article.
Article 11. Violations against
fertilizer usage regulations
1. Warning penalty shall be imposed for using
fertilizers without observing instructions for use printed on fertilizer
product labels.
2. The amount of monetary penalty ranging from VND
500,000 to VND 1,000,000 shall be imposed for using fertilizes of which origin
is not clear.
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
AUTHORITY TO IMPOSE
ADMINISTRATIVE PENALTIES AND ISSUE ADMINISTRATIVE VIOLATION NOTICES
Article 12. Authority to
impose penalties delegated to the Chairpersons of all-level People’s Committees
1. The Chairperson of commune-level People’s
Committee shall be accorded the following powers:
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 5,000,000;
c) Seize any material object or equipment used in
commission of administrative violation which is worth up to VND 5,000,000;
d) Apply corrective measures to mitigate
consequences as stipulated in Point dd Clause 3 Article 4 hereof.
2. The Chairperson of district-level People’s
Committee shall be accorded the following powers:
a) Impose penalties represented in the form of
warning;
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
c) Deprive of the right to use certificates,
licenses or suspend business within a specified duration;
d) Seize any material object or equipment used in
commission of administrative violation which is worth up to VND 50,000,000;
dd) Apply corrective measures to mitigate
consequences as stipulated in Point a, b, c, d, dd, g, h and i Clause 3 Article
4 hereof.
3. The Chairperson of province-level People’s
Committee shall be accorded the following powers:
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 100,000,000;
c) Deprive of the right to use certificates,
licenses or suspend business within a specified duration;
d) Seize any material object or equipment used in
commission of administrative violation;
dd) Apply corrective measures to mitigate
consequences as stipulated in Clause 3 Article 4 hereof.
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
1. The inspector in the agriculture and rural
development sector and the person tasked with carrying out inspections in the
fertilizer sector when on duty shall be vested with the following powers:
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 500,000;
c) Seize any material object or equipment used in
commission of administrative violation which is worth up to VND 500,000;
d) Apply corrective measures to mitigate
consequences as stipulated in Point dd Clause 3 Article 4 hereof.
2. The chief inspector of the Department of
Agriculture and Rural Development, the Director of the Crop Production and
Plant Protection Subdepartment, the Leader of the inspector team in the
Agriculture and Rural Development sector, the Leader of the inspector teams
specializing in the following sectors, such as Plant Protection Department,
Crop Production and Plant Protection Subdepartment, shall be vested with the
following powers:
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 50,000,000;
c) Deprive of the right to use certificates,
licenses or suspend business within a specified duration;
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
dd) Seize the Certificate of conformity with
fertilizer manufacturing requirements/the fertilizer manufacturing License, the
Certificate of fulfillment of fertilizer trading conditions, or the fertilizer
import License;
e) Apply corrective measures to mitigate
consequences as stipulated in Clause 3 Article 4 hereof.
3. The leader of the sector-specific inspector team
subordinate to the Ministry of Agriculture and Rural Development shall be
vested with the following powers:
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 70,000,000;
c) Deprive of the right to use certificates, licenses
or suspend business within a specified duration;
d) Seize any material object or equipment used in
commission of administrative violation which is worth up to VND 70,000,000;
dd) Seize the Certificate of conformity with
fertilizer manufacturing requirements/the fertilizer manufacturing License, the
Certificate of fulfillment of fertilizer trading conditions, or the fertilizer
import License;
e) Apply corrective measures to mitigate
consequences as stipulated in Clause 3 Article 4 hereof.
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 100,000,000;
c) Deprive of the right to use certificates,
licenses or suspend business within a specified duration;
d) Seize any material object or equipment used in
commission of administrative violation;
dd) Seize the Certificate of conformity with
fertilizer manufacturing requirements/the fertilizer manufacturing License, the
Certificate of fulfillment of fertilizer trading conditions, or the fertilizer
import License;
e) Apply corrective measures to mitigate
consequences as stipulated in Clause 3 Article 4 hereof.
Article 14. Authority to
impose penalties delegated to the People’s Public Security force
1. Officers of the People’s Public Security force
when on duty shall be vested with the following powers:
a) Impose penalties represented in the form of warning;
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
2. Heads who supervise the persons referred to in
Clause 1 of this Article shall be vested with the following powers:
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 1,500,000.
3. Sheriffs of commune-level police departments,
Commanders of police stations and Heads of police stations at border
checkpoints or export processing zones shall be vested with the following
powers:
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 2,500,000;
c) Seize any material object or equipment used in
commission of administrative violation of which value does not exceed the
monetary penalty amount specified in Point b of this Clause;
d) Apply corrective measures to mitigate
consequences as stipulated in Point dd Clause 3 Article 4 hereof.
4. Sheriffs of district-level police departments,
Heads of specialized units of the Road and Rail Traffic Police Department,
Heads of specialized units of the Water Traffic Police Department; Heads of
units of province-level police departments, including Head of social order
administrative management unit, Head of order maintenance police unit, Head of
police unit for social order crime investigation, Head of police unit for investigation
into crimes against economic order and management regulations and corruption,
Head of drug crime investigation police unit, Head of road and rail traffic
police unit, Head of water traffic police unit, Head of environmental crime
prevention and control police unit, Head of internal political security unit,
and Head of economic security unit, shall be accorded the following powers:
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
b) Impose a fine of up to VND 20,000,000;
c) Deprive of the right to use certificates,
licenses or suspend business within a specified duration;
d) Seize any material object or equipment used in
commission of administrative violation of which value does not exceed the monetary
penalty amount specified in Point b of this Clause;
dd) Apply corrective measures to mitigate
consequences as stipulated in Point a, b, dd, g and h Clause 3 Article 4
hereof.
5. Directors of province-level police departments
shall be vested with the following powers:
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 50,000,000;
c) Deprive of the right to use certificates,
licenses or suspend business within a specified duration;
d) Seize any material object or equipment used in
commission of administrative violation of which value does not exceed the
monetary penalty amount specified in Point b of this Clause;
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
6. Director of the Internal Political Security
Department, Director of the Economic Security Department, Director of the
Cultural and Ideological Security Department, Director of the Information
Security Department, Director of the Police Department for Social Order
Administrative Management, Director of the Police Department for Investigation
into Crimes against Economic Order and Management Regulations and Corruption,
Director of the Drug Crime Investigation Police Department, Director of the
Road and Rail Traffic Police Department, Director of the Water Traffic Police
Department, Director of the Environmental Crime Prevention and Control Police
Department, and Director of the High-technology Crime Prevention and Control
Police Department, shall be vested with the following powers:
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 100,000,000;
c) Deprive of the right to use certificates,
licenses or suspend business within a specified duration;
d) Seize any material object or equipment used in
commission of administrative violation;
dd) Apply corrective measures to mitigate
consequences as stipulated in Point a, b, d, dd, g, h and i Clause 3 Article 4
hereof.
Article 15. Authority to
impose penalties delegated to the Customs authority
1. Team leaders of Customs Subdepartments and team
leaders of Post-clearance Inspection Subdepartments shall be vested with the
following powers:
a) Impose penalties represented in the form of
warning;
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
2. Directors of Customs Subdepartments, Directors
of Post-clearance Inspection Subdepartments, Leaders of Control Teams of
provincial, inter-provincial or centrally-affiliated city Customs Departments,
Leaders of Smuggling Control Teams, Leaders of Customers Procedures Teams,
Leaders of Maritime Control Teams and Leaders of Intellectual Property Right
Control and Protection Teams subordinate to the Smuggling Investigation and
Prevention Department, a subsidiary of the General Department of Customs, shall
be vested with the following powers:
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 25,000,000;
c) Seize any material object or equipment used in
commission of administrative violation of which value does not exceed the
monetary penalty amount specified in Point b of this Clause;
d) Apply corrective measures to mitigate
consequences as stipulated in Point dd, e and i Clause 3 Article 4 hereof.
3. Director of the Smuggling Investigation and Prevention
Department, Director of the Post-clearance Inspection Department, a subsidiary
of the General Department of Customs, and Directors of the provincial,
inter-provincial or centrally-affiliated city Customs Departments, shall be
vested with the following powers:
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 50,000,000;
c) Deprive of the right to use certificates,
licenses or suspend business within a specified duration;
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
dd) Apply corrective measures to mitigate
consequences as stipulated in Point dd, e and i Clause 3 Article 4 hereof.
4. Director of the General Department of Customs
shall be accorded the following powers:
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 100,000,000;
c) Seize any material object or equipment used in commission
of administrative violation;
d) Apply corrective measures to mitigate
consequences as stipulated in Point dd, e and i Clause 3 Article 4 hereof.
Article 16. Authority to
impose penalties delegated to the Market Regulatory Authority
1. Market control officers on duty shall be vested
with the following powers:
a) Impose penalties represented in the form of
warning;
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
2. The Chief of the Market Regulatory Team shall be
accorded the following powers:
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 25,000,000;
c) Seize any material object or equipment used in
commission of administrative violation of which value does not exceed the
monetary penalty amount specified in Point b of this Clause;
d) Apply corrective measures to mitigate
consequences as stipulated in Point b, c and dd Clause 3 Article 4 hereof.
3. Head of the Market Regulatory Subdepartment of
the Department of Industry and Trade, Head of the smuggling prevention and
control unit, Head of the counterfeit commodity prevention and control unit,
and Head of the commodity quality control unit of the Market Regulatory
Department, shall be accorded the following powers:
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 50,000,000;
c) Seize any material object or equipment used in
commission of administrative violation of which value does not exceed the
monetary penalty amount specified in Point b of this Clause;
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
dd) Apply corrective measures to mitigate
consequences as stipulated in Point b, c and dd Clause 3 Article 4 hereof.
4. Director of the Market Regulatory Department
shall be accorded the following powers:
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 100,000,000;
c) Seize any material object or equipment used in
commission of administrative violation;
d) Deprive of the right to use certificates,
licenses or suspend business within a specified duration;
dd) Apply corrective measures to mitigate
consequences as stipulated in Point b, c and dd Clause 3 Article 4 hereof.
Article 17. Authority to
impose penalties delegated to the Border Guard force
1. Duty holders of the Border Guard force when on
duty shall be vested with the following powers:
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
b) Impose a fine of up to VND 500,000.
2. Heads who supervise those referred to in Clause 1
of this Article shall be vested with the following powers:
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 2,500,000.
3. Head of the border guard station, Head of the
coast guard group and Chief Commander of the border guard section, and Chief
Commander of the maritime port guard force, shall be vested with the following
powers:
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 20,000,000;
c) Seize any material object or equipment used in
commission of administrative violation of which value does not exceed the
monetary penalty amount specified in Point b of this Clause;
d) Apply corrective measures to mitigate
consequences as stipulated in Point b and dd Clause 3 Article 4 hereof.
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 100,000,000;
c) Deprive of the right to use certificates,
practicing certificates or suspend business within a specified duration;
d) Seize any material object or equipment used in
commission of administrative violation;
dd) Apply corrective measures to mitigate
consequences as stipulated in Point b and dd Clause 3 Article 4 hereof.
Article 18. Authority to
impose penalties delegated to the Coast Guard Police
1. Coastguard policemen on duty shall be vested
with the following powers:
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 1,500,000.
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 5,000,000.
3. Heads of specialized units of the Coast Guard
Police and Heads of stations of the Coast Guard Police shall be vested with the
following powers:
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 10,000,000;
c) Apply corrective measures to mitigate
consequences as stipulated in Point dd Clause 3 Article 4 hereof.
4. Heads of marine groups of the Coast Guard Police
shall be vested with the following powers:
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 20,000,000;
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
d) Apply corrective measures to mitigate
consequences as stipulated in Point b and dd Clause 3 Article 4 hereof.
5. Heads of naval squadrons of the Coast Guard
Police shall be vested with the following powers:
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 30,000,000;
c) Seize any material object or equipment used in
commission of administrative violation of which value does not exceed the
monetary penalty amount specified in Point b of this Clause;
d) Apply corrective measures to mitigate
consequences as stipulated in Point b and dd Clause 3 Article 4 hereof.
6. Regional commanders of the Coast Guard Police
shall be vested with the following powers:
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 50,000,000;
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
d) Apply corrective measures to mitigate consequences
as stipulated in Point b and dd Clause 3 Article 4 hereof.
7. Commander of the Coast Guard Police shall be
vested with the following powers:
a) Impose penalties represented in the form of
warning;
b) Impose a fine of up to VND 100,000,000;
c) Deprive of the right to use certificates,
licenses or suspend business within a specified duration;
d) Seize any material object or equipment used in
commission of administrative violation;
dd) Apply corrective measures to mitigate
consequences as stipulated in Point b and dd Clause 3 Article 4 hereof.
Article 19. Delegation of
penalty imposition authority
1. Authorized persons of all-level People’s
Committees, Specialized inspectors and people’s policemen shall be accorded
authority to impose administrative and other supplemental penalties, and apply
corrective measures to mitigate consequences arising from administrative
violations referred to herein in accordance with regulations on authority laid
down in Article 12, 13 and 14 hereof and within their delegated functions,
duties and powers.
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
3. Authorized persons of market regulatory
authorities shall be accorded authority to impose administrative and other
supplemental penalties, and apply corrective measures to mitigate consequences
arising from administrative violations referred to in Article 7 hereof in
accordance with regulations on authority laid down in Article 16 hereof and
within their delegated functions, duties and powers.
4. Authorized persons of border guard forces shall
be accorded authority to impose administrative and other supplemental
penalties, and apply corrective measures to mitigate consequences arising from
administrative violations referred to in Article 7 and 8 hereof in accordance
with regulations on authority laid down in Article 17 hereof and within their
delegated functions, duties and powers.
5. Authorized persons of coast guard forces shall
be accorded authority to impose administrative and other supplemental
penalties, and apply corrective measures to mitigate consequences arising from
administrative violations referred to in Article 7 and 8 hereof in accordance
with regulations on authority laid down in Article 18 hereof and within their
delegated functions, duties and powers.
Article 20. Authority to issue
administrative violation notices
1. Such authority shall be delegated to persons
accorded authority to impose administrative penalties as provided in Article 12
through Article 18 hereof within their assigned functions, duties and powers.
2. Such authority shall be delegated to public
officers and employees working in entities stipulated in Article 12 through
Article 18 hereof when on duty within their assigned functions and powers in
the fertilizer sector.
Chapter IV
IMPLEMENTARY PROVISIONS
Article 21. Entry into force
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh
2. This Decree shall repeal Article 19, 20, 21, 23,
24 and 25 of the Decree No. 163/2013/ND-CP dated November 12, 2013 prescribing
administrative penalties for violations arising in the chemical, fertilizer and
industrial explosive sector; Clause 18, 19, 20, 21, 22 and 23 Article 1 of the
Decree No. 115/2016/ND-CP dated July 8, 2016 amending and supplementing certain
articles of the Government’s Decree No. 163/2013/ND-CP dated November 12, 2013
prescribing administrative penalties for violations arising in the chemical,
fertilizer and industrial explosive sector.
Article 22. Transitional
provision
Fertilizer-sector administrative violations
committed and discovered prior to the entry into force of this Decree which are
subject to the verification and decision process shall be sanctioned under the
Government’s Decree No. 163/2013/ND-CP dated November 12, 2013 prescribing
administrative penalties for violations arising in the chemical, fertilizer and
industrial explosive sector, and the Decree No. 115/2016/ND-CP dated July 8,
2016 amending and supplementing certain articles of the Decree No.
163/2013/ND-CP dated November 12, 2013, except that administrative violations
referred to in this Decree on which lesser legal liabilities are imposed shall
be subject to penalties provided in this Decree.
Article 23. Implementation
responsibilities
1. The Minister of Agriculture and Rural
Development shall be responsible for providing guidance on and presiding over
implementation of this Decree.
2. Ministers, Heads of Ministry-level agencies,
Heads of Governmental bodies, and Chairpersons of People’s Committees of
centrally-affiliated cities and provinces, shall be responsible for
implementing this Decree./.
PP. THE
GOVERNMENT
THE PRIME MINISTER
Nguyen Xuan Phuc
...
...
...
Bạn phải đăng nhập tài khoản TVPL Pro để xem được toàn bộ nội dung văn bản Tiếng Anh