Decree No. 04/2020/ND-CP amends and supplements some articles of Decree No. 31/2016/ND-CP dated May 6, 2016 of the Government on administrative penalties for violations in the field of plant varieties, plant protection and quarantine; and Decree No. 90/2017/ND-CP dated July 31, 2017 of the Government on administrative penalties for violations in the field of veterinary.

DECREE

Amending and supplementing some articles of Decree No. 31/2016/NĐ-CP dated May 6, 2016 of the Government on administrative penalties for violations in the field of plant seeds, plant protection, and plant quarantine; Decree No. 90/2017/NĐ-CP dated July 31, 2017 of the Government on administrative penalties for violations in the field of veterinary science. 5 The Government promulgates this Decree to amend and supplement some articles of Decree No. 31/2016/NĐ-CP dated May 6, 2016 of the Government on administrative penalties for violations in the field of plant seeds, plant protection, and plant quarantine; Decree No. 90/2017/NĐ-CP dated July 31, 2017 of the Government on administrative penalties for violations in the field of veterinary science.

||| Pursuant to the Law on Organization of the Government dated June 19, 2015;

Pursuant to the Law on Handling Administrative Offenses dated June 20, 2012;

1. List of products changing information related to trade name and information related to organizations and individuals registering, Appendix I issued together with this Circular:

Pursuant to the Law on Veterinary Medicine dated June 19, 2015;

Pursuant to the Fisheries Law dated November 21, 2017;

At the proposal of the Minister of Agriculture and Rural Development;

Decree No. 31/2016/NĐ-CP dated May 6, 2016 on administrative penalties for violations in the field of plant seeds, plant protection, and plant quarantine:

Article 1. Amend and supplement certain articles of Decree No.Article 2. Subjects Subject to Administrative Penalties

1. Clause 2 shall be amended and supplemented as follows:

“1. Organizations and individuals committing administrative violations related to plant seeds, plant protection, and plant quarantine within the territory of Vietnam.

2. Organizations referred to in Clause 1 of this Article include:

a) State agencies that commit violations not falling under their assigned state management tasks;

b) Economic organizations established in accordance with the Law on Enterprises including: private enterprises, joint-stock companies, limited liability companies, partnerships, and affiliated units of enterprises (branches, representative offices);

c) Economic organizations established in accordance with the Law on Cooperatives including: cooperatives, cooperative unions;

d) Organizations established in accordance with the Law on Investment including: domestic investors, foreign investors, and economic organizations with foreign investment capital; representative offices and branches of foreign traders in Vietnam; representative offices of foreign trade promotion organizations in Vietnam;

đ) Social organizations, political-social organizations, political-social-professional organizations, social-professional organizations;

e) Public service units and other organizations as prescribed by law.

3. Households and individual business households violating the provisions of this Decree shall be subject to administrative penalties as if they were individuals who committed violations.”

2. Some clauses and points of Article 19 are amended and supplemented as follows:

a) Supplementing Point d Clause 4 of Article 19 as follows:

“4. A fine of VND 3,000,000 to VND 6,000,000 for one of the following violations:

d) Transporting objects subject to plant quarantine infected with harmful organisms from an epidemic area to another area causing the spread of disease and resulting in property damage under VND 100,000,000.”

b) Supplementing Clause 5a of Article 19 as follows:

“5a. A fine of VND 20,000,000 to VND 30,000,000 for the act of transporting objects subject to plant quarantine infected with harmful organisms from an epidemic area to another area causing the spread of disease and resulting in property damage of VND 100,000,000 or more, where the competent investigative authority has decided not to initiate criminal proceedings, revoke the decision to initiate criminal proceedings, terminate the investigation, or terminate the case.”

c) Points b and c Clause 6 of Article 19 are amended and supplemented as follows:

“6. Measures to remedy consequences

b) Compelling the destruction of plant seeds, propagation materials, and harmful organisms for violations stipulated in Clauses 4, 5, and 5a of this Article;

c) Compelling the return of unlawful profits obtained from the implementation of administrative violations stipulated in Point d Clause 4, Clause 5, and Clause 5a of this Article.”

3. Some clauses and points of Article 20 are amended and supplemented as follows:

a) Supplementing Points d and đ Clause 4 of Article 20 as follows:

“4. A fine of VND 10,000,000 to VND 20,000,000 for one of the following violations:

d) Bringing into the territory of Vietnam objects subject to plant quarantine without a Plant Quarantine Certificate issued by the exporting country, except when confirmed by a specialized agency of the Ministry of Agriculture and Rural Development responsible for plant protection and plant quarantine;

đ) Bringing into the territory of Vietnam objects subject to plant quarantine without complying with the legal regulations on quarantine causing the spread of disease and resulting in property damage under VND 100,000,000.”

b) Supplementing Point e Clause 5 of Article 20 as follows:

“5. A fine of VND 20,000,000 to VND 30,000,000 for one of the following violations:

e) Bringing into the territory of Vietnam objects subject to plant quarantine without complying with the legal regulations on quarantine causing the spread of disease and resulting in property damage of VND 100,000,000 or more, where the competent investigative authority has decided not to initiate criminal proceedings, revoke the decision to initiate criminal proceedings, terminate the investigation, or terminate the case.”

c) Points a, b, and đ Clause 6 of Article 20 are amended and supplemented as follows:

a) Compelling the re-exportation or destruction of objects subject to plant quarantine for violations stipulated in Point b Clause 1 and Point d Clause 5 of this Article;

b) Compelling the destruction of plant seeds, propagation materials, and harmful organisms for violations stipulated in Clauses 4, 5, and 5a of this Article;

b) Compelling the removal of objects subject to plant quarantine from the territory of Vietnam for violations stipulated in Point đ Clause 4 in cases of violation from the third time onwards, Point c Clause 2, and Point c Clause 5 of this Article; for violations stipulated in Point a Clause 5 of this Article in cases of recidivism. If the objects subject to plant quarantine have not been removed from the territory of Vietnam within thirty days from the date of receipt of the administrative penalty decision of the competent state management authority, the person authorized under Clause 4 of Article 33 of this Decree shall issue a decision to destroy the objects, except for legitimate reasons;

đ) Compelling the thorough treatment of objects subject to plant quarantine infected with plant quarantine organisms through one of the measures prescribed in Clause 2 and Clause 3 of Article 34 of the Plant Protection and Plant Quarantine Law 2013 for violations stipulated in Point đ Clause 4 and Points đ and e Clause 5 of this Article.”

4. Some clauses and points of Article 24 are amended and supplemented as follows:

a) Clauses 4, 5, 6, 7, and Point c Clause 8 of Article 24 are amended and supplemented as follows:

a) Clause 4, Clause 5, Clause 6, Clause 7, and Point c, Clause 8 of Article 24 shall be amended and supplemented as follows:

"4. A fine of from VND 20,000,000 to VND 25,000,000 shall be imposed on the act of producing plant protection products not listed in the Catalogue of Plant Protection Products Permitted for Use in Vietnam with a value under VND 200,000,000 or illegal profit under VND 100,000,000, except in cases where there is an Import Permit as prescribed in Clause 2 Article 67 of the Law on Plant Protection and Quarantine of Plants."

5. A fine of from VND 25,000,000 to VND 35,000,000 shall be imposed on the act of producing plant protection products listed in the Catalogue of Plant Protection Products Prohibited for Use in Vietnam with a quantity under 30 kilograms (or 30 liters) of finished product.

6. A fine of from VND 40,000,000 to VND 45,000,000 shall be imposed on the act of producing plant protection products listed in the Catalogue of Plant Protection Products Prohibited for Use in Vietnam with a quantity from 30 kilograms (or 30 liters) to under 50 kilograms (or 50 liters) of finished product.

7. A fine of from VND 45,000,000 to VND 50,000,000 shall be imposed on one of the following acts:

a) Producing plant protection products listed in the Catalogue of Plant Protection Products Prohibited for Use in Vietnam with a quantity of 50 kilograms (or 50 liters) or more of finished product in cases where the competent authority has decided not to initiate criminal proceedings, decided to revoke the decision to initiate criminal proceedings, decided to terminate the investigation, or decided to terminate the case.

b) Producing plant protection products not listed in the Catalogue of Plant Protection Products Permitted for Use in Vietnam with a value of VND 200,000,000 or more or illegal profit of VND 100,000,000 or more, except in cases where there is an Import Permit as prescribed in Clause 2 Article 67 of the Law on Plant Protection and Quarantine of Plants when the competent authority has decided not to initiate criminal proceedings, decided to revoke the decision to initiate criminal proceedings, decided to terminate the investigation, or decided to terminate the case.

8. Additional forms of punishment

c) Revocation of the Certificate of Eligibility for Production of Plant Protection Products for a period of six months to twelve months for violations as prescribed in Clause 5, Clause 6, and Clause 7 of this Article.

b) Supplement Point d Clause 9 Article 24 as follows:

"9. Measures to remedy consequences

d) Compel the return of unlawful profits obtained through the implementation of administrative violations as prescribed in Clause 4, Clause 5, Clause 6, and Clause 7 of this Article."

5. Article 25 is amended and supplemented as follows:

"Article 25. Violations of regulations on trading in plant protection products

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on one of the following acts of violating trading in plant protection products:

a) Trading in plant protection products together with other goods such as: foodstuffs, beverages, animal feed, fish feed, medical drugs, veterinary drugs;

b) Trading in plant protection products that have expired; products that do not meet quality standards, are not suitable for corresponding technical regulations with a value under VND 5,000,000;

c) Trading in plant protection products when the Certificate of Eligibility for Trading in Plant Protection Products has expired;

d) Failing to maintain all conditions for trading in plant protection products as prescribed in Article 63 of the Law on Plant Protection and Quarantine of Plants during business operations.

2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on one of the following acts of violating trading in plant protection products:

a) Trading in plant protection products that have expired; products that do not meet quality standards, are not suitable for corresponding technical regulations with a value from VND 5,000,000 to under VND 15,000,000;

b) Trading in plant protection products listed in the Catalogue of Plant Protection Products Prohibited for Use in Vietnam with a quantity up to under 3 kilograms (or 3 liters) of finished product;

c) Trading in plant protection products without a Certificate of Eligibility for Trading in Plant Protection Products;

d) Trading in plant protection products not listed in the Catalogue of Plant Protection Products Permitted for Use in Vietnam with a value under VND 5,000,000.

3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on one of the following acts of violating trading in plant protection products:

a) Trading in plant protection products that have expired; products that do not meet quality standards, are not suitable for corresponding technical regulations with a value from VND 15,000,000 to under VND 30,000,000;

b) Trading in plant protection products listed in the Catalogue of Plant Protection Products Prohibited for Use in Vietnam with a quantity from 3 kilograms (or 3 liters) to under 5 kilograms (or 5 liters) of finished product;

c) Trading in plant protection products in ampoule form;

d) Selling plant protection products intended for fumigation disinfection to persons without a license to handle quarantine objects or organizations without a Certificate of Eligibility to Handle Quarantine Objects;

đ) Providing instructions for use to buyers of plant protection products that do not conform to the contents on the label of the plant protection product;

e) Trading in plant protection products during the period of suspension of trading activities, revocation of the right to use, or recovery of the Certificate of Eligibility for Trading in Plant Protection Products;

g) Trading in plant protection products not listed in the Catalogue of Plant Protection Products Permitted for Use in Vietnam with a value from VND 5,000,000 to under VND 15,000,000.

4. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on one of the following acts of violating trading in plant protection products:

a) Trading in plant protection products that have expired; products that do not meet quality standards, are not suitable for corresponding technical regulations with a value from VND 30,000,000 to under VND 50,000,000;

b) Trading in plant protection products listed in the Catalogue of Plant Protection Products Prohibited for Use in Vietnam with a quantity from 5 kilograms (or 5 liters) to under 10 kilograms (or 10 liters) of finished product;

c) Trading in plant protection products not listed in the Catalogue of Plant Protection Products Permitted for Use in Vietnam with a value from VND 15,000,000 to under VND 30,000,000.

5. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on one of the following acts of violating trading in plant protection products:

a) Trading in plant protection products that have expired; products that do not meet quality standards, are not suitable for corresponding technical regulations with a value from VND 50,000,000 to under VND 100,000,000;

b) Engaging in the sale of plant protection chemicals listed in the Catalogue of Prohibited Plant Protection Chemicals in Vietnam with a quantity from ten kilograms (or ten liters) to less than twenty kilograms (or twenty liters) of finished product;

c) Engaging in the sale of plant protection chemicals not included in the Catalogue of Permitted Plant Protection Chemicals in Vietnam with a value from thirty million Vietnamese dong to less than fifty million Vietnamese dong.

6. A fine of from thirty million Vietnamese dong to forty million Vietnamese dong shall be imposed for any of the following violations related to the sale of plant protection chemicals:

a) Engaging in the sale of expired plant protection chemicals; chemicals that do not meet quality standards and are not suitable for corresponding technical regulations with a value from one hundred million Vietnamese dong to less than two hundred million Vietnamese dong;

b) Engaging in the sale of plant protection chemicals listed in the Catalogue of Prohibited Plant Protection Chemicals in Vietnam with a quantity from twenty kilograms (or twenty liters) to less than thirty kilograms (or thirty liters) of finished product;

c) Engaging in the sale of plant protection chemicals not included in the Catalogue of Permitted Plant Protection Chemicals in Vietnam with a value from fifty million Vietnamese dong to less than one hundred million Vietnamese dong.

7. A fine of from forty million Vietnamese dong to forty-five million Vietnamese dong shall be imposed for any of the following violations related to the sale of plant protection chemicals:

a) Engaging in the sale of expired plant protection chemicals; chemicals that do not meet quality standards and are not suitable for corresponding technical regulations with a value of two hundred million Vietnamese dong or more;

b) Engaging in the sale of plant protection chemicals listed in the Catalogue of Prohibited Plant Protection Chemicals in Vietnam with a quantity from thirty kilograms (or thirty liters) to less than fifty kilograms (or fifty liters) of finished product;

c) Engaging in the sale of plant protection chemicals not included in the Catalogue of Permitted Plant Protection Chemicals in Vietnam with a value from one hundred million Vietnamese dong to less than two hundred million Vietnamese dong.

8. A fine of from forty-five million Vietnamese dong to fifty million Vietnamese dong shall be imposed for any of the following violations:

a) Engaging in the sale of plant protection chemicals listed in the Catalogue of Prohibited Plant Protection Chemicals in Vietnam with a quantity of fifty kilograms (or fifty liters) or more of finished product where the investigating authority has decided not to initiate criminal proceedings, revoke the decision to initiate criminal proceedings, terminate the investigation, or terminate the case;

b) Engaging in the sale of plant protection chemicals not included in the Catalogue of Permitted Plant Protection Chemicals in Vietnam with a value of two hundred million Vietnamese dong or more or illegal profit of one hundred million Vietnamese dong or more, except when there is an Import Permit as stipulated in Clause 2 Article 67 of the Law on Plant Protection and Quarantine, where the investigating authority has decided not to initiate criminal proceedings, revoke the decision to initiate criminal proceedings, terminate the investigation, or terminate the case.

9. Additional forms of punishment

a) Revocation of the Certificate of Eligibility for Plant Protection Chemical Sales for a period of one month to three months for violations specified in Point b, Point c Clause 4; Point b, Point c Clause 5 and Point b, Point c Clause 6 of this Article.

b) Revocation of the Certificate of Eligibility for Plant Protection Chemical Sales for a period of three months to six months for violations specified in Point b, Point c Clause 7 and Clause 8 of this Article.

10. Measures to remedy consequences

a) Compelling the recovery and return to the manufacturer or distributor for destruction or recycling of remaining usable chemicals for expired chemicals, chemicals that do not meet quality standards, and corresponding technical regulations as specified 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;

b) Compelling the destruction of plant protection chemicals listed in the Catalogue of Prohibited Plant Protection Chemicals in Vietnam, chemicals not included in the Catalogue of Permitted Plant Protection Chemicals in Vietnam, and glass syringe-type chemicals for violations specified in Point b, Point d Clause 2; Point b, Point c, Point g Clause 3; Point b, Point c Clause 4; Point b, Point c Clause 5; Point b, Point c Clause 6; Point b, Point c Clause 7 and Clause 8 of this Article.”

6. Some clauses of Article 36 are amended and supplemented as follows:

a) The title of Clause 3 of Article 36 is amended and supplemented as follows:

“3. The Director of the Provincial Market Management Department, the Director of the Market Management Business Unit under the General Department of Market Management have the right:”

b) The title of Clause 4 of Article 36 is amended and supplemented as follows:

“4. The Director of the General Department of Market Management has the right:”

"Article 39. Allocation of Administrative Sanction Imposition Authority of the People's Public Security, Customs, Market Management, Border Guard, and Coast Guard

2. Those authorized officials of the Customs Authority who have the authority to impose administrative sanctions may apply additional forms of punishment and measures to remedy consequences for administrative violations as prescribed in Article 8; Point d, đ Clause 2 Article 12; Article 17; Point b Clause 4 Article 19; Article 20; Article 22; Article 28 and Article 30 of this Decree according to the authority prescribed in Article 35 of this Decree and their assigned functions, tasks, and powers.

4. Those authorized officials of the Border Guard Force who have the authority to impose administrative sanctions may apply additional forms of punishment and measures to remedy consequences for administrative violations as prescribed in Article 17; Clause 1 Article 18; Clause 4, Clause 5, Clause 5a Article 19; Article 20; Article 27; Clause 6 Article 28 of this Decree according to the authority prescribed in Article 37 of this Decree and their assigned functions, tasks, and powers.

5. Those authorized officials of the Coast Guard Force who have the authority to impose administrative sanctions may apply additional forms of punishment and measures to remedy consequences for administrative violations as prescribed in Article 17; Clause 1 Article 18; Clause 4, Clause 5, Clause 5a Article 19; Article 20; Article 27; Clause 6 Article 28 of this Decree according to the authority prescribed in Article 38 of this Decree and their assigned functions, tasks, and powers.”

Article 2. Amend and supplement some articles of Decree No. 90/2017/NĐ-CP dated July 31, 2017 on administrative penalties for violations in the field of veterinary science: number 90/2017/NĐ-CP on July 31, 2017, stipulating administrative penalties for violations in the field of veterinary science:

1. Add Clause 3 and Clause 4 of Article 2 as follows:

"3. The organizations specified in Clause 1 of this Article include:

b) Economic organizations established in accordance with the Law on Enterprises including: private enterprises, joint-stock companies, limited liability companies, partnerships, and affiliated units of enterprises (branches, representative offices);

c) Economic organizations established in accordance with the Law on Cooperatives including: cooperatives, cooperative unions;

d) Organizations established in accordance with the Law on Investment including: domestic investors, foreign investors, and economic organizations with foreign investment capital; representative offices and branches of foreign traders in Vietnam; representative offices of foreign trade promotion organizations in Vietnam;

đ) Social organizations, political-social organizations, political-social-professional organizations, social-professional organizations;

e) Public service units and other organizations as prescribed by law.

3. Households and individual business households violating the provisions of this Decree shall be subject to administrative penalties as if they were individuals who committed violations.”

4. Households and individual business households violating the provisions of this Decree shall be subject to administrative penalties as if they were individuals in violation."

2. Amend and supplement some clauses and points of Article 6 as follows:

a) Add Clause 5a and Clause 5b of Article 6 as follows:

"5a. A fine of VND 20,000,000 to VND 30,000,000 for violations stipulated in Clause 5 of this Article causing damage to property valued at less than VND 100,000,000.

5b. A fine of VND 30,000,000 to VND 40,000,000 for violations stipulated in Clause 5 of this Article causing damage to property valued at VND 100,000,000 or more where the competent authority has decided not to initiate criminal proceedings, revoked the decision to initiate criminal proceedings, suspended the investigation, or terminated the case."

b) Point b of Clause 6 of Article 6 is amended and supplemented as follows:

b) Compelling the destruction of plant seeds, propagation materials, and harmful organisms for violations stipulated in Clauses 4, 5, and 5a of this Article;

b) Order the destruction of animals, animal products, and animal waste for violations stipulated in Clauses 4, 5, 5a, and 5b of this Article."

3. The title of Clause 2 of Article 7 is amended and supplemented as follows:

"2. A fine of VND 1,000,000 to VND 2,000,000 for any of the following acts:"

4. Some clauses and points of Article 8 are amended and supplemented as follows:

a) Add Clause 5a and Clause 5b of Article 8 as follows:

"5a. A fine of VND 10,000,000 to VND 15,000,000 for violations stipulated in Point a of Clause 5 of this Article causing damage to property valued at less than VND 100,000,000.

5b. A fine of VND 15,000,000 to VND 20,000,000 for violations stipulated in Point a of Clause 5 of this Article causing damage to property valued at VND 100,000,000 or more where the competent authority has decided not to initiate criminal proceedings, revoked the decision to initiate criminal proceedings, suspended the investigation, or terminated the case."

b) Add Clause 6a and Clause 6b of Article 8 as follows:

"6a. A fine of VND 15,000,000 to VND 20,000,000 for violations stipulated in Clause 6 of this Article causing damage to property valued at less than VND 100,000,000.

6b. A fine of VND 20,000,000 to VND 30,000,000 for violations stipulated in Clause 6 of this Article causing damage to property valued at VND 100,000,000 or more where the competent authority has decided not to initiate criminal proceedings, revoked the decision to initiate criminal proceedings, suspended the investigation, or terminated the case."

c) Add Clause 7a and Clause 7b of Article 8 as follows:

"7a. A fine of VND 20,000,000 to VND 30,000,000 for violations stipulated in Clause 7 of this Article causing damage to property valued at less than VND 100,000,000.

7b. A fine of VND 30,000,000 to VND 40,000,000 for violations stipulated in Clause 7 of this Article causing damage to property valued at VND 100,000,000 or more where the competent authority has decided not to initiate criminal proceedings, revoked the decision to initiate criminal proceedings, suspended the investigation, or terminated the case."

d) Point b of Clause 8 of Article 8 is amended and supplemented as follows:

"8. Measures to remedy consequences:

b) Order the destruction of animals and animal products for violations stipulated in Point a and Point d of Clause 4, Clauses 5, 5a, 5b, 6, 6a, 6b, 7, 7a, and 7b of this Article."

5. Some points of Clause 3 of Article 12 are amended and supplemented as follows:

a) Point a of Clause 3 of Article 12 is amended and supplemented as follows:

"a) Order the implementation of quarantine of animals and aquatic animal products for violations stipulated in Point a of Clause 2 (except for aquatic animal breeds); Clause 1 of this Article;"

b) Add Point c of Clause 3 of Article 12 as follows:

"c) Order the destruction of aquatic animal breeds for violations stipulated in Point a of Clause 2 of this Article."

6. Some clauses and points of Article 15 are amended and supplemented as follows:

a) Clause 2 of Article 15 is amended and supplemented as follows:

"2. A fine of VND 6,000,000 to VND 7,000,000 for any of the following acts:

a) Bringing imported animals or animal products for processing into export goods at a processing facility that is not the registered location;

b) Importing animal products for food with labels on packaging that do not indicate the name and code number of the production facility according to the list of enterprises from countries meeting the conditions for exporting animal products to Vietnam;

c) Importing animal products for food with labels on packaging that indicate the name and code number of the production facility not according to the list of enterprises from countries meeting the conditions for exporting animal products to Vietnam;

d) Importing animal products for food with labels on packaging that indicate the name and code number that do not match the information on the Export Health Certificate issued by the exporting country."

b) Add Clause 6a of Article 15 as follows:

"6a. A fine of VND 20,000,000 to VND 30,000,000 for persons entering or transiting through the territory of Vietnam when carrying fresh, processed, or prepared animal products from a country or region currently experiencing dangerous animal diseases affecting that species of animal."

c) Add Point c of Clause 7 of Article 15 as follows:

"7. A fine of 10% to 15% of the value of the consignment but not exceeding VND 50,000,000 for any of the following acts:

c) Importing animal products that have changed color, taste, or are contaminated with insects or leaking without meeting the requirements for veterinary hygiene."

d) Clause 10 of Article 15 is amended and supplemented as follows:

"10. A fine for bringing into the territory of Vietnam disease samples and pathogens for animals without the permission of the competent veterinary authority as follows:

a) A fine of VND 30,000,000 to VND 40,000,000 for violations that have not caused property damage;

b) A fine of VND 40,000,000 to VND 50,000,000 for violations that have caused property damage valued at less than VND 100,000,000;

c) A fine of VND 50,000,000 to VND 60,000,000 shall be imposed for violations causing damage to property valued at VND 100,000,000 or more where the investigating authority decides not to initiate criminal proceedings, revokes the decision to initiate criminal proceedings, suspends the investigation, or terminates the case.

d) Points b, c, and e of Clause 11, Article 15 shall be amended and supplemented as follows:

“11. Measures to remedy consequences:

b) Order the destruction of animal products and disease samples for violations stipulated in point b of Clause 1, point d of Clause 4, and Clause 6a of this Article;

c) Order the re-exportation of animals and animal products for violations stipulated in point b of Clause 3 and point d of Clause 5 of this Article;

e) Order the re-exportation or destruction of animals, animal products, and disease samples for violations stipulated in Clause 6, point c of Clause 7, Clause 8, Clause 9, and Clause 10 of this Article.”

7. Clause 5 of Article 17 shall be amended and supplemented as follows:

“5. Measures to remedy consequences:

a) Order a re-inspection of animals and animal products for violations stipulated in Clause 3 of this Article (excluding aquatic animal breeds);

b) Order the destruction of animals and animal products for violations stipulated in Clause 3 of this Article if they are aquatic animal breeds; in cases where a re-inspection discovers diseased animals or infectious disease-carrying animal products listed in the List of Notifiable Animal Diseases.”

8. Some clauses and points of Article 20 shall be amended and supplemented as follows:

a) Clause 10 of Article 20 shall be amended and supplemented as follows:

“10. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for the act of transporting, trading, storing, or slaughtering animals for food when such animals have been administered sedatives not in accordance with the manufacturer's instructions or the competent veterinary management agency.”

b) Point b of Clause 12 of Article 20 shall be amended and supplemented as follows:

“12. Additional forms of punishment:

b) Suspend operations of the facility for one to three months for violations stipulated in Clauses 7, 8, and 9 of this Article;”

c) Point c of Clause 13 of Article 20 shall be amended and supplemented as follows:

“13. Measures to remedy consequences:

c) Order the destruction of animals and animal products for violations stipulated in Clauses 5, 9, 10, and 11 of this Article.”

9. Some clauses of Article 33 shall be amended and supplemented as follows:

a) Clause 7 of Article 33 shall be amended and supplemented as follows:

“7. A fine shall be imposed for the act of producing each type of veterinary drug not included in the List of Veterinary Drugs Permitted for Circulation in Vietnam or not yet approved by the competent authority as follows:

a) A fine of VND 20,000,000 to VND 25,000,000 shall be imposed for the act of producing each type of veterinary drug not included in the List of Veterinary Drugs Permitted for Circulation in Vietnam or not yet approved by the competent authority with a value under VND 200,000,000 or illegal profit under VND 100,000,000;

b) A fine of VND 25,000,000 to VND 30,000,000 shall be imposed for the act of producing each type of veterinary drug not included in the List of Veterinary Drugs Permitted for Circulation in Vietnam or not yet approved by the competent authority with a value of VND 200,000,000 or more or illegal profit of VND 100,000,000 or more where the investigating authority decides not to initiate criminal proceedings, revokes the decision to initiate criminal proceedings, suspends the investigation, or terminates the case.”

b) Clause 8 of Article 33 shall be amended and supplemented as follows:

“8. A fine shall be imposed for the act of producing each type of veterinary drug included in the List of Prohibited Veterinary Drugs in Vietnam as follows:

a) A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for the act of producing each type of veterinary drug included in the List of Prohibited Veterinary Drugs in Vietnam with a value under VND 100,000,000 or illegal profit under VND 50,000,000;

b) A fine of VND 50,000,000 to VND 60,000,000 shall be imposed for the act of producing each type of veterinary drug included in the List of Prohibited Veterinary Drugs in Vietnam with a value of VND 100,000,000 or more or illegal profit of VND 50,000,000 or more where the investigating authority decides not to initiate criminal proceedings, revokes the decision to initiate criminal proceedings, suspends the investigation, or terminates the case.”

c) Add point c of Clause 10 of Article 33 as follows:

"10. Measures to address consequences:

c) Order the surrender of all unlawful profits obtained from implementing administrative violations stipulated in Clauses 7 and 8 of this Article.”

10. Some clauses of Article 36 shall be amended and supplemented as follows:

a) Clause 3 of Article 36 shall be amended and supplemented as follows:

“3. A fine shall be imposed for the act of trading each type of veterinary drug not included in the List of Veterinary Drugs Permitted for Circulation in Vietnam or not yet approved by the competent authority as follows:

a) A fine of VND 10,000,000 to VND 12,000,000 shall be imposed for the act of trading each type of veterinary drug not included in the List of Veterinary Drugs Permitted for Circulation in Vietnam or not yet approved by the competent authority with a value under VND 200,000,000 or illegal profit under VND 100,000,000;

b) A fine of VND 12,000,000 to VND 15,000,000 shall be imposed for the act of trading each type of veterinary drug not included in the List of Veterinary Drugs Permitted for Circulation in Vietnam or not yet approved by the competent authority with a value of VND 200,000,000 or more or illegal profit of VND 100,000,000 or more where the investigating authority decides not to initiate criminal proceedings, revokes the decision to initiate criminal proceedings, suspends the investigation, or terminates the case.”

b) Clause 5 of Article 36 shall be amended and supplemented as follows:

“5. A fine shall be imposed for the act of trading each type of veterinary drug included in the List of Prohibited Veterinary Drugs in Vietnam as follows:

a) A fine of VND 25,000,000 to VND 30,000,000 shall be imposed for the act of trading each type of veterinary drug included in the List of Prohibited Veterinary Drugs in Vietnam with a value under VND 100,000,000 or illegal profit under VND 50,000,000;

b) A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for the act of trading in each type of veterinary drug listed in the Catalogue of Prohibited Veterinary Drugs in Vietnam with a value of VND 100,000,000 or more, or with illicit gains of VND 50,000,000 or more, in cases where the investigating authority decides not to initiate criminal proceedings, revokes the decision to initiate criminal proceedings, suspends the investigation, or terminates the case.

c) Add Point d of Clause 7 of Article 36 as follows:

"10. Measures to address consequences:

d) Order the return of the unlawful profits obtained through the implementation of administrative violations stipulated in Clause 3 and Clause 5 of this Article.

11. Some clauses of Article 49 shall be amended and supplemented as follows:

a) The title of Clause 3 of Article 49 shall be amended and supplemented as follows:

“3. The Director of the Provincial Market Management Department, the Director of the Market Management Business Unit under the General Department of Market Management have the right:”

b) The title of Clause 4 of Article 49 shall be amended and supplemented as follows:

“4. The Director of the General Department of Market Management has the right:”

12. Article 50 shall be amended and supplemented as follows:

"Article 50. Allocation of Powers to Impose Administrative Penalties of the People's Public Security, Border Guard, Coast Guard, Customs, and Market Management

1. Persons authorized by the People's Public Security have the power to impose administrative penalties for administrative violations in the field of veterinary medicine as specified in Clause 6, Clause 7, Clause 8 of Article 5; Clause 3, Clause 4, Clause 5, Clause 5a, Clause 5b of Article 6; Point b of Clause 2, Point a of Clause 7 of Article 7; Clause 3, Clause 4, Clause 5, Clause 5a, Clause 5b, Clause 6, Clause 6a, Clause 6b, Clause 7, Clause 7a, Clause 7b of Article 8; Point b of Clause 1, Clause 2, Clause 4 of Article 11; Clause 2 of Article 12; Article 17; Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, Clause 11 of Article 20; Article 21; Article 22; Article 23; Article 27; Clause 7, Clause 8 of Article 33; Clause 3, Clause 4, Clause 5 of Article 36 of this Decree according to their functions, tasks, and granted powers.

2. Persons authorized by the Border Guard have the power to impose administrative penalties for administrative violations in the field of veterinary medicine as specified in Clause 6 of Article 5; Clause 3, Clause 4, Clause 5, Clause 5a, Clause 5b of Article 6; Point b of Clause 4, Clause 5, Clause 5a, Clause 5b, Clause 6, Clause 6a, Clause 6b, Clause 7, Clause 7a, Clause 7b of Article 8; Article 14; Clause 1, Clause 3, Clause 4, Clause 5, Clause 6, Clause 6a, Clause 7, Clause 8, Clause 9, Clause 10 of Article 15; Article 16; Article 18; Article 19; Clause 2 of Article 37; Clause 3 of Article 38 of this Decree according to their functions, tasks, and granted powers.

3. Persons authorized by the Coast Guard have the power to impose administrative penalties for administrative violations in the field of veterinary medicine occurring in the territorial waters and continental shelf of the Socialist Republic of Vietnam as specified in Clause 6 of Article 5; Clause 3, Clause 5, Clause 5a, Clause 5b of Article 6; Clause 5, Clause 5a, Clause 5b, Clause 6, Clause 6a, Clause 7, Clause 7a, Clause 7b of Article 8; Clause 2, Clause 3, Clause 4 of Article 11; Article 12; Article 13;; Article 14; Point a of Clause 1, Point a, Point b of Clause 3, Clause 5, Clause 6, Clause 6a, Clause 7, Clause 8, Clause 9, Clause 10 of Article 15; Article 16; Article 17; Article 18; Article 19; Clause 2 of Article 37; Clause 3 of Article 38 of this Decree according to their functions, tasks, and granted powers.

4. Persons authorized by Customs have the power to impose administrative penalties for administrative violations in the field of veterinary medicine as specified in Article 14, Article 15, Article 16, Article 18, Article 19; Clause 2 of Article 37; Clause 3 of Article 38; Clause 1 of Article 39 of this Decree according to their functions, tasks, and granted powers.

5. Persons authorized by Market Management have the power to impose administrative penalties for administrative violations in the field of veterinary medicine as specified in Clause 6, Clause 7, Clause 8 of Article 5; Clause 3, Clause 4, Clause 5, Clause 5a, Clause 5b of Article 6; Clause 5, Clause 7 of Article 7; Article 8; Article 11; Article 12; Article 17; Clause 2, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, Clause 11 of Article 20; Article 21; Article 22; Article 23; Article 24; Article 25; Article 26; Article 27; Article 34; Article 35; Article 36; Article 40; Clause 2, Clause 3 of Article 42 of this Decree according to their functions, tasks, and granted powers."

Article 3.

1. Repeal Point b of Clause 2 of Article 19 and Point b of Clause 2 of Article 20 of Decree No. 31/2016/NĐ-CP dated May 6, 2016 of the Government on administrative penalties for violations in the fields of plant breeding, plant protection, and plant quarantine.

2. Repeal Point d of Clause 13 of Article 20 of Decree No. 90/2017/NĐ-CP dated July 31, 2017 of the Government on administrative penalties for violations in the field of veterinary medicine.

3. Amend the term "livestock feed" to "livestock feed, aquaculture feed" in Clause 6 of Article 15; amend the term "livestock farming" to "livestock farming, aquaculture" in Point a of Clause 9 and Clause 11 of Article 20 of Decree No. 90/2017/NĐ-CP dated July 31, 2017 of the Government on administrative penalties for violations in the field of veterinary medicine.

Article 4. Effective date

This Decree shall take effect from February 18, 2020.

Article 5. Transitional Provisions

For administrative violations that occur before the date this Decree takes effect but are discovered afterwards or are under examination and resolution, the provisions most favorable to the violators shall apply.

Article 6. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial and centrally-administered city People's Committees shall be responsible for guiding and implementing this Decree./.