Decree No. 08/2011/NĐ-CP on administrative penalties for violations concerning animal feed

DECREE

Regulations on Administrative Sanctions for Livestock Feed

______________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Administrative Violation Handling Ordinance 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Ordinance 2008;

This Circular applies to organizations and individuals engaged in trading and using livestock and poultry feed within the territory of Vietnam.

Considering the proposal of the Minister of Agriculture and Rural Development,

DECREE

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates administrative sanctions for violations related to livestock feed.

2. Administrative violations concerning livestock feed include:

a) Violations regarding the production and processing of livestock feed;

b) Violations regarding the sale and use of livestock feed;

c) Violations regarding the import of livestock feed;

d) Violations regarding the testing and inspection of livestock feed;

đ) Obstructing state management activities related to livestock feed.

3. Administrative violations related to the management of livestock feed not directly specified in this Decree shall be handled according to other Government Decrees on administrative sanctions in relevant management fields.

Article 2. Applicability

1. This Decree applies to organizations and individuals within the country and foreign organizations and individuals engaged in livestock feed activities that commit administrative violations in Vietnam and will be subject to sanctions under the provisions of this Decree, except where international treaties to which Vietnam is a party provide otherwise, in which case such treaties shall apply.

2. Minors who commit administrative violations as prescribed in this Decree shall be sanctioned according to Article 7 of the Administrative Violation Handling Ordinance 2002.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Primary ingredients are substances that must be declared in the composition of livestock feed according to the regulations of the Ministry of Agriculture and Rural Development.

2. Fake livestock feed is a type of livestock feed with one of the following characteristics:

a) The quantitative content of primary ingredients only reaches below 70% of the minimum threshold or exceeds 20% above the maximum threshold of the quality level already announced for the product;

b) Counterfeiting labels, names, addresses, packaging of livestock feed products;

c) Counterfeiting intellectual property rights as stipulated in Article 213 of the Intellectual Property Law.

Article 4. Principles of Administrative Sanctions

The principles of administrative sanctions for livestock feed are applied according to Article 3 of the Administrative Violation Handling Ordinance 2002 and Article 3 of Government Decree No. 128/2008/NĐ-CP dated December 16, 2008 detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance 2002 and the Ordinance Amending and Supplementing Certain Provisions of the Administrative Violation Handling Ordinance 2008 (hereinafter referred to collectively as the Administrative Violation Handling Ordinance).

Article 5. Mitigating and Aggravating Circumstances

Mitigating and aggravating circumstances applied in the imposition of administrative sanctions for administrative violations prescribed in Chapter II of this Decree shall be implemented according to the provisions of Articles 8 and 9 of the Administrative Violation Handling Ordinance and Article 6 of Government Decree No. 128/2008/NĐ-CP dated December 16, 2008 detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance.

Article 6. Statute of Limitations for Administrative Sanctions

1. The statute of limitations for administrative sanctions concerning livestock feed is one year, calculated from the date the administrative violation was committed; for administrative violations related to the import, production, processing, and sale of fake livestock feed or livestock feed containing prohibited substances listed in the Prohibited List for Production and Circulation in Vietnam, the statute of limitations is two years.

If administrative violations are discovered beyond these periods, they will not be subject to sanctions but still be subject to remedial measures as provided for in this Decree.

2. Calculation of the statute of limitations in handling administrative violations shall be carried out according to the provisions of Article 9 of Government Decree No. 128/2008/NĐ-CP dated December 16, 2008 detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance.

3. If the authority responsible for imposing sanctions exceeds the statute of limitations for administrative sanctions, it shall be dealt with according to Article 121 of the Administrative Violation Handling Ordinance.

Article 7. Period during which an administrative violation penalty is not considered to have been imposed

An organization or individual subject to an administrative violation penalty concerning animal feed shall be deemed not to have been penalized if they do not reoffend within one year from the date of completion of the penalty decision execution or from the expiry date of the enforcement period of the penalty decision.

Article 8. Forms of administrative violation penalties and measures to remedy consequences

1. For each act of administrative violation, the violating organization or individual must bear one of the following main forms of administrative sanction:

a) Warning;

b) Fine.

2. Depending on the nature and severity of the violation, organizations and individuals violating administrative regulations concerning animal feed may also be subject to one or more of the following supplementary penalty forms:

a) Revocation of licenses or certificates of practice with a term or without a term;

b) Confiscation of objects, equipment, and means used for committing administrative violations.

3. In addition to the penalties prescribed in Clause 1 and Clause 2 of this Article, organizations and individuals violating administrative regulations may also be subject to measures to remedy consequences caused by their administrative violations as follows:

a) Recovery and recycling of animal feed that does not meet quality standards;

b) Compulsion to compensate for losses caused by administrative violations;

c) Compulsion to destroy harmful animal feed that endangers human health, livestock, and pollutes the environment;

d) Compulsion to remove animal feed outside the permitted circulation list from Vietnam or compel its re-exportation.

Chapter II

For the act of trading counterfeit goods without utility or function as stipulated in Clause 1, Article 4 of this Decree, the fine shall be as follows:

Article 9. Violations of production and processing conditions for animal feed

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on production and processing facilities for animal feed that do not have a waste treatment system in accordance with environmental protection laws.

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on production and processing facilities for animal feed that do not have technical staff with appropriate professional qualifications at the college level or higher to meet production technology and quality control requirements.

3. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on production and processing facilities for animal feed that do not have a laboratory for analyzing and testing the quality of animal feed or do not hire analysis and testing services from recognized institutions.

4. A fine of VND 20,000,000 to VND 25,000,000 shall be imposed on production and processing facilities for animal feed that do not have sufficient equipment as stipulated by the Ministry of Agriculture and Rural Development.

5. A fine of VND 25,000,000 to VND 30,000,000 shall be imposed on production and processing facilities for animal feed that do not have workshops as stipulated by the Ministry of Agriculture and Rural Development.

6. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on the act of producing or processing animal feed without a business registration certificate for the production and processing of animal feed.

7. Measures to remedy consequences

Organizations and individuals violating any of the acts prescribed in this Article must supplement the required production and processing conditions for animal feed within six months. If they fail to supplement the required conditions within six months, they must cease operations until they meet the necessary conditions for producing and processing animal feed.

Article 10. Violation of regulations on the production and processing of animal feed

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on production and processing facilities that do not retain test results or product samples.

2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on production and processing facilities for failing to announce quality standards.

3. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on the act of producing or processing animal feed not included in the list of permitted animal feeds circulating in Vietnam.

4. A fine shall be imposed on the act of producing or processing animal feed with the main ingredient content only reaching from 91% to 98% of the minimum threshold or exceeding from 10% to 13% of the maximum threshold of the announced product quality level according to the following fines:

a) A fine of from VND 3,000,000 to under VND 5,000,000 shall be imposed on batches valued at less than VND 10,000,000;

b) A fine of from VND 5,000,000 to under VND 10,000,000 shall be imposed on batches valued at from VND 10,000,000 to under VND 30,000,000;

c) A fine of from VND 10,000,000 to under VND 15,000,000 shall be imposed on batches valued at from VND 30,000,000 to under VND 50,000,000;

d) A fine of from VND 15,000,000 to under VND 20,000,000 shall be imposed on batches valued at from VND 50,000,000 to under VND 70,000,000;

đ) A fine of from VND 20,000,000 to under VND 26,000,000 shall be imposed on batches valued at from VND 70,000,000 to under VND 100,000,000;

e) A fine of from VND 26,000,000 to VND 32,000,000 shall be imposed on batches valued at VND 100,000,000 or more.

5. A fine shall be imposed on the act of producing or processing animal feed with the main ingredient content only reaching from 85% to under 91% of the minimum threshold or exceeding from 13% to under 16% of the maximum threshold of the announced product quality level according to the following fines:

a) A fine of from VND 4,000,000 to under VND 7,000,000 shall be imposed on batches valued at less than VND 10,000,000;

b) A fine of from VND 7,000,000 to under VND 12,000,000 shall be imposed on batches valued at from VND 10,000,000 to under VND 30,000,000;

c) A fine of from VND 12,000,000 to under VND 17,000,000 shall be imposed on batches valued at from VND 30,000,000 to under VND 50,000,000;

d) A fine of from VND 17,000,000 to under VND 22,000,000 shall be imposed on batches valued at from VND 50,000,000 to under VND 70,000,000;

đ) A fine of from VND 22,000,000 to under VND 28,000,000 shall be imposed on batches valued at from VND 70,000,000 to under VND 100,000,000;

e) A fine of from VND 28,000,000 to VND 35,000,000 shall be imposed on batches valued at VND 100,000,000 or more.

6. A fine shall be imposed on the act of producing or processing animal feed with the main ingredient content only reaching from 70% to under 85% of the minimum threshold or exceeding from 16% to under 20% of the maximum threshold of the announced product quality level according to the following fines:

a) A fine of from VND 5,000,000 to under VND 8,000,000 shall be imposed on batches valued at less than VND 10,000,000;

b) A fine of from VND 8,000,000 to under VND 13,000,000 shall be imposed on batches valued at from VND 10,000,000 to under VND 30,000,000;

c) A fine of from VND 13,000,000 to under VND 18,000,000 shall be imposed on batches valued at from VND 30,000,000 to under VND 50,000,000;

d) A fine of from VND 18,000,000 to under VND 23,000,000 shall be imposed on batches valued at from VND 50,000,000 to under VND 70,000,000;

đ) A fine of from VND 23,000,000 to under VND 30,000,000 shall be imposed on batches valued at from VND 70,000,000 to under VND 100,000,000;

e) A fine of from VND 30,000,000 to VND 38,000,000 shall be imposed on batches valued at VND 100,000,000 or more.

7. A fine of from VND 35,000,000 to VND 40,000,000 shall be imposed on facilities continuing to produce or process animal feed during the period when they are ordered by competent state authorities to suspend such activities.

8. Additional forms of punishment

All animal feed violating the provisions of Clause 3 and Clause 7 of this Article shall be confiscated.

9. Remedial measures

a) Order to retain product samples and announce quality standards as prescribed for violations of Clause 1 and Clause 2 of this Article;

b) Order to recall and recycle all animal feed to ensure compliance with the announced quality standards for violations of Clause 4, Clause 5, and Clause 6 of this Article;

c) Order to destroy all animal feed violating the provisions of Clause 3 and Clause 7 of this Article. The organizations and individuals in violation must bear all costs of destruction;

d) Order the facility producing or processing animal feed to compensate for losses suffered by users of the non-compliant animal feed as provided in Clause 4, Clause 5, and Clause 6 of this Article.

Article 11. Violation of provisions on conditions for operating animal feed businesses

1. Warning or a fine from VND 1,000,000 to VND 2,000,000 shall be imposed on an animal feed business that does not have a store, signboard, or clear business address.

2. A fine from VND 3,000,000 to VND 5,000,000 shall be imposed on a business violating any of the following acts:

a) Not having equipment, devices, or means suitable for storing, keeping, or transporting each type of product.

b) The display area does not meet the conditions to ensure the quality and safety of animal feed as prescribed by law.

3. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of operating an animal feed business without a Business Registration Certificate for animal feed issued by competent state agencies.

4. Measures to remedy consequences

Organizations and individuals violating the provisions of Clause 1, 2, and 3 of this Article must supplement the conditions for operating an animal feed business within two months according to the regulations. If they fail to supplement the conditions within two months, they must cease operations until they meet the required conditions to operate.

Article 12. Violation of provisions on operating animal feed businesses

1. A fine shall be imposed on the act of operating animal feed that has been suspended from production or processing by competent state agencies at the following levels:

a) A fine from VND 1,000,000 to less than VND 5,000,000 for a batch with a value under VND 20,000,000;

b) A fine from VND 5,000,000 to less than VND 10,000,000 for a batch with a value from VND 20,000,000 to less than VND 60,000,000;

c) A fine from VND 10,000,000 to VND 15,000,000 for a batch with a value from VND 60,000,000 or more.

2. A fine from VND 15,000,000 to VND 20,000,000 shall be imposed on the act of operating animal feed not included in the list of permitted animal feed for circulation in Vietnam.

3. A fine shall be imposed on the act of operating animal feed where the quantitative content of the main ingredient only reaches from 91% to 98% of the minimum threshold or exceeds from 10% to less than 13% of the maximum threshold of the declared quality level of the product at the following levels:

a) A fine from VND 2,000,000 to less than VND 4,000,000 for a batch with a value under VND 10,000,000;

b) A fine from VND 4,000,000 to less than VND 8,000,000 for a batch with a value from VND 10,000,000 to less than VND 30,000,000;

c) A fine from VND 8,000,000 to less than VND 12,000,000 for a batch with a value from VND 30,000,000 to less than VND 50,000,000;

d) A fine from VND 12,000,000 to less than VND 16,000,000 for a batch with a value from VND 50,000,000 to less than VND 70,000,000;

đ) A fine from VND 16,000,000 to less than VND 20,000,000 for a batch with a value from VND 70,000,000 to less than VND 100,000,000;

e) A fine from VND 20,000,000 to VND 25,000,000 for a batch with a value from VND 100,000,000 or more.

4. A fine shall be imposed on the act of operating animal feed where the quantitative content of the main ingredient only reaches from 85% to less than 91% of the minimum threshold or exceeds from 13% to less than 16% of the maximum threshold of the declared quality level of the product at the following levels:

a) A fine from VND 3,000,000 to less than VND 6,000,000 for a batch with a value under VND 10,000,000;

b) A fine from VND 6,000,000 to less than VND 10,000,000 for a batch with a value from VND 10,000,000 to less than VND 30,000,000;

c) A fine from VND 10,000,000 to less than VND 14,000,000 for a batch with a value from VND 30,000,000 to less than VND 50,000,000;

d) A fine from VND 14,000,000 to less than VND 18,000,000 for a batch with a value from VND 50,000,000 to less than VND 70,000,000;

đ) A fine from VND 18,000,000 to less than VND 24,000,000 for a batch with a value from VND 70,000,000 to less than VND 100,000,000;

e) A fine from VND 24,000,000 to VND 30,000,000 for a batch with a value from VND 100,000,000 or more.

5. A fine shall be imposed on the act of operating animal feed where the quantitative content of the main ingredient only reaches from 70% to less than 85% of the minimum threshold or exceeds from 16% to less than 20% of the maximum threshold of the declared quality level of the product at the following levels:

a) A fine from VND 4,000,000 to less than VND 8,000,000 for a batch with a value under VND 10,000,000;

b) A fine from VND 8,000,000 to less than VND 12,000,000 for a batch with a value from VND 10,000,000 to less than VND 30,000,000;

c) A fine from VND 12,000,000 to less than VND 16,000,000 for a batch with a value from VND 30,000,000 to less than VND 50,000,000;

d) A fine from VND 16,000,000 to less than VND 20,000,000 for a batch with a value from VND 50,000,000 to less than VND 70,000,000;

đ) A fine of from VND 20,000,000 to under VND 26,000,000 shall be imposed on batches valued at from VND 70,000,000 to under VND 100,000,000;

e) A fine of from VND 26,000,000 to VND 32,000,000 shall be imposed on batches valued at VND 100,000,000 or more.

6. Additional forms of punishment

Seize all animal feed violating the provisions of Clause 1 and 2 of this Article.

7. Measures to remedy consequences

a) Order the complete destruction of all quantities of animal feed violating the provisions of Clause 1 and 2 of this Article. Organizations and individuals violating the provisions must bear all costs of destruction.

b) Order the recycling of all animal feed to ensure compliance with the published quality standards for violations of the provisions of Clause 3, 4, and 5 of this Article.

Article 13. Violation of regulations on producing and processing counterfeit animal feed

1. A fine shall be imposed for violations concerning the production and processing of counterfeit animal feed as stipulated in point a, Clause 3, Article 3 of this Decree, according to the following levels of fines:

a) A fine from VND 12,000,000 to less than VND 18,000,000 for a batch of goods with a value equivalent to genuine goods under VND 20,000,000;

b) A fine from VND 18,000,000 to less than VND 25,000,000 for a batch of goods with a value equivalent to genuine goods from VND 20,000,000 to less than VND 40,000,000;

c) A fine from VND 25,000,000 to less than VND 35,000,000 for a batch of goods with a value equivalent to genuine goods from VND 40,000,000 to less than VND 70,000,000;

d) A fine from VND 35,000,000 to VND 40,000,000 for a batch of goods with a value equivalent to genuine goods from VND 70,000,000 or more.

2. Additional forms of punishment

Seize all counterfeit animal feed.

3. Measures to remedy consequences

a) Order the recovery and destruction of counterfeit animal feed. The organizations and individuals violating the provisions must bear all costs of destruction;

b) Order the production and processing facilities violating the regulations to compensate for damages to users.

Article 14. Violation of regulations on trading counterfeit animal feed

1. A fine shall be imposed for violations concerning the trading of counterfeit animal feed as stipulated in point a, Clause 3, Article 3 of this Decree, according to the following levels of fines:

a) A fine from VND 10,000,000 to less than VND 15,000,000 for a batch of goods with a value equivalent to genuine goods under VND 20,000,000;

b) A fine from VND 15,000,000 to less than VND 20,000,000 for a batch of goods with a value equivalent to genuine goods from VND 20,000,000 to less than VND 40,000,000;

c) A fine from VND 20,000,000 to less than VND 27,000,000 for a batch of goods with a value equivalent to genuine goods from VND 40,000,000 to less than VND 70,000,000;

d) A fine from VND 27,000,000 to VND 35,000,000 for a batch of goods with a value equivalent to genuine goods from VND 70,000,000 or more.

2. Additional forms of punishment

Seize all counterfeit animal feed.

3. Measures to remedy consequences

Order the destruction of counterfeit animal feed. Organizations and individuals violating the provisions must bear all costs of destruction.

Article 15. Violation of regulations on producing, processing, trading, and using prohibited substances in animal husbandry

1. A fine from VND 1,000,000 to VND 5,000,000 shall be imposed on small-scale breeding establishments that use prohibited substances listed in the Prohibited Production and Circulation List in Vietnam for animal husbandry.

For breeding establishments with farm scale or larger, if they violate the regulations, they will be fined five times the amount mentioned above.

2. A fine from VND 30,000,000 to VND 40,000,000 shall be imposed for the act of using prohibited substances listed in the Prohibited Production and Circulation List in Vietnam to produce, process, trade, and use animal feed.

3. Additional forms of punishment

a) Seize all prohibited substances and animal feed containing prohibited substances;

b) Suspend the right to use the production, processing, and trading license for six months if there is a repeat violation of the provisions set out in Clause 2 of this Article.

4. Measures to remedy consequences

Order the recovery and destruction of all prohibited substances and animal feed containing prohibited substances. Organizations and individuals violating the provisions must bear all costs of destruction.

Article 16. Violation of regulations on importing animal feed

1. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for the act of importing animal feed that does not meet quality standards as prescribed by the Ministry of Agriculture and Rural Development.

2. A fine from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of importing animal feed not included in the List of Permitted Animal Feed for Circulation in Vietnam.

3. A fine from VND 30,000,000 to VND 40,000,000 shall be imposed for the act of importing animal feed containing prohibited substances listed in the Prohibited Production and Circulation List in Vietnam.

4. Additional forms of punishment

Seize all animal feed violating the provisions of this Article.

5. Measures to remedy consequences

Order the re-export or destruction of all imported animal feed violating the provisions of this Article. Organizations and individuals violating the provisions must bear all costs of re-export or destruction.

Article 17. Violations of regulations on feed testing for livestock breeding

1. A fine shall be imposed on one of the following violations committed by a feed testing facility according to the following levels of fines:

a) A fine from VND 1,000,000 to VND 3,000,000 for a facility that does not ensure veterinary hygiene and environmental sanitation;

b) A fine from VND 3,000,000 to VND 5,000,000 for a facility that does not have sufficient technical staff with a bachelor's degree or higher in relevant fields such as livestock breeding, veterinary livestock breeding, and aquaculture;

c) A fine from VND 5,000,000 to VND 10,000,000 for a facility that does not have adequate facilities and equipment suitable for testing each type of feed;

d) A fine from VND 10,000,000 to VND 15,000,000 for a testing facility that has not registered its operations with the competent state management agency.

2. A fine from VND 10,000,000 to VND 20,000,000 for a testing facility that fails to comply with the content, procedures, and testing processes prescribed by the Ministry of Agriculture and Rural Development.

3. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed for the act of publishing false test results.

4. Measures to remedy consequences

a) Order the testing facility to supplement the necessary conditions as stipulated herein for violations under Clause 1 of this Article.

b) Order the testing facility to retest and bear all testing costs for violations under Clause 2 of this Article.

Article 18. Obstructing State Management Activities Related to Livestock Feed

1. A fine from VND 1,000,000 to VND 5,000,000 for failing to comply with the requirements of the competent authority in State management activities related to livestock feed.

2. A fine from VND 5,000,000 to VND 10,000,000 for obstructing public officials performing their duties in State management activities related to livestock feed.

Chapter III

AUTHORITY AND PROCEDURES FOR ADMINISTRATIVE SANCTIONS ON VIOLATIONS RELATED TO LIVESTOCK FEED

Article 19. Principles for Determining Administrative Sanction Authority

The principles for determining administrative sanction authority shall be implemented in accordance with Article 42 of the Ordinance on Handling Administrative Violations.

Article 20. Responsibilities of Competent Authorities in Handling Administrative Violations

1. When discovering an administrative violation, a civil servant performing official duties must immediately prepare a record, stop the violation, and the competent authority imposing administrative sanctions shall handle the administrative violation according to the procedures and formalities prescribed in Chapter VI of the Ordinance on Handling Administrative Violations. In cases where the violation does not fall within the jurisdiction or exceeds the jurisdiction of the authority, the case file must be promptly transferred to the competent authority imposing sanctions.

2. Strictly prohibit acts of shielding, obstructing the imposition of sanctions, retaining cases with signs of criminal offenses for administrative sanctions, or splitting cases to retain them for administrative sanctions within the jurisdiction of their level.

3. In cases where decisions on administrative sanctions are issued without jurisdiction, against the wrong violator, or for the wrong violation; incorrectly applying forms, levels of fines, and measures to rectify consequences; or imposing sanctions beyond the statute of limitations, the decision must be amended or revoked depending on the specific circumstances.

Article 21. Authority to Impose Sanctions

1. Authority to impose administrative sanctions of People's Committees at various levels.

a) The Chairman of the People's Committee at the commune level has the authority to impose administrative sanctions on violations stipulated in this Decree in the locality according to Article 28 of the Ordinance on Handling Administrative Violations;

b) The Chairman of the People's Committee at the district level has the authority to impose administrative sanctions on violations stipulated in this Decree in the locality according to Article 29 of the Ordinance on Handling Administrative Violations;

c) The Chairman of the People's Committee at the provincial level has the authority to impose administrative sanctions on violations stipulated in this Decree in the locality according to Article 30 of the Ordinance on Handling Administrative Violations.

2. Authority to impose sanctions of specialized inspection agencies

Specialized inspection agencies have the authority to impose administrative sanctions on violations stipulated in this Decree and other Decrees related to their field of management according to Article 38 of the Ordinance on Handling Administrative Violations.

3. Authority to impose administrative sanctions of other forces

Agencies such as Public Security, Customs, Market Management within their assigned functions, tasks, and authorities, if they discover administrative violations in the production, business, import, and export of livestock feed, may impose administrative sanctions according to the Ordinance on Handling Administrative Violations and the provisions of this Decree.

Article 22. Procedures for administrative penalties, handling of contraband items, and means of transportation violating administrative regulations, and enforcement of penalty decisions

1. The procedures for imposing administrative penalties related to animal feed shall be carried out in accordance with the provisions of the Ordinance on Handling Administrative Violations.

2. All acts of administrative violations subject to penalties must be recorded in a dossier and kept intact at the penalizing agency within the time limit prescribed by law.

The act of recording the minutes and issuing the penalty decision must comply with the procedures stipulated in the Ordinance on Handling Administrative Violations.

3. The imposition and payment of fines must comply with the procedures stipulated in Article 58 of the Ordinance on Handling Administrative Violations.

4. The procedures for revoking the right to use professional certificates related to animal feed shall be carried out in accordance with the provisions of Article 59 of the Ordinance on Handling Administrative Violations.

5. The procedures for confiscating and handling contraband items and means of transportation violating administrative regulations related to animal feed shall be carried out in accordance with the provisions of Articles 60 of the Ordinance on Handling Administrative Violations.

6. In cases where organizations or individuals committing administrative violations cannot implement measures to mitigate the consequences caused by their administrative violations related to animal feed or have fled, and it is truly necessary to promptly protect the environment and ensure social order and safety, the competent management authority may use funds from the state budget allocated to its own agency to implement such mitigation measures. Organizations or individuals committing administrative violations must reimburse the costs incurred by the agency that implemented the mitigation measures.

Article 23. Transfer of Administrative Penalty Decisions

1. In cases where organizations or individuals commit administrative violations in one locality but reside or have headquarters in another locality without conditions to enforce the administrative penalty decision at the place where the violation occurred, the penalty decision shall be transferred to the competent authority at the same level in the locality where the individual resides or the organization has its headquarters for enforcement; if there is no competent authority at the same level in the locality where the individual resides or the organization has its headquarters, the penalty decision shall be transferred to the People's Committee of the district for enforcement. The dossier of the administrative penalty shall be retained by the agency that issued the violation handling decision.

2. The agency receiving the transferred administrative penalty decision shall be responsible for delivering the penalty decision and organizing its enforcement against the penalized organization or individual in accordance with Article 64 of the Ordinance on Handling Administrative Violations and informing the transferring agency of the results.

3. The transfer of administrative penalty decisions shall only apply to collecting fines. Additional forms of penalties and remedial measures (if any) must be implemented immediately at the place of the violation. In cases where the violator does not voluntarily comply or does not have the conditions to comply with remedial measures (if any), the costs for implementing these measures shall be clearly stated in the penalty decision when transferring the penalty decision.

Article 24. Application of Preventive Measures and Ensuring Administrative Penalties

1. Preventive measures against administrative violations and ensuring the implementation of administrative penalties related to animal feed

In cases where only monetary penalties are applied to organizations or individuals who violate, the authorized person to impose administrative penalties related to animal feed has the right to temporarily retain relevant documents related to means of transportation or professional certificates until the organization or individual complies with the penalty decision. If the organization or individual who violates does not have such documents, the authorized person to impose administrative penalties may require the violator to bring the means of transportation back to the dock or the agency's headquarters for resolution or temporarily retain contraband items and means of transportation within their authority.

In cases of violations where this Decree stipulates additional forms of penalties including confiscation of contraband items and means of transportation, the specialized inspection agency for animal feed has the right to require the violator to bring the means of transportation back to the dock or the agency's headquarters for resolution or temporarily retain contraband items and means of transportation within their authority.

2. The authority, procedure, and process for applying preventive measures against administrative violations and ensuring the implementation of administrative penalties related to animal feed shall be carried out in accordance with the provisions of the Ordinance on Handling Administrative Violations.

Article 25. Handling of violations by persons authorized to handle administrative offenses

Persons authorized to impose administrative penalties for feed violations who engage in harassment, tolerance, cover-up of violations, failure to handle or handle not in a timely manner; imposing penalties beyond their authority, against the wrong subjects, or for incorrect violations; applying incorrect forms, levels of penalties, and other measures; misappropriating or improperly using money, goods, evidence, and means of violation; obstructing the legitimate circulation of goods and causing damage to businesses shall be subject to disciplinary action or criminal liability and compensation for damages according to the provisions of the law depending on the nature and degree of the violation.

Article 26. Model records and decisions for use in administrative penalty proceedings

The appendices, model records, and decisions accompanying this Decree are to be used in handling administrative penalties for feed violations.

Chapter IV

IMPLEMENTING PROVISIONS

Article 27. Effective Date

This Decree takes effect from March 15, 2011.

Article 28. Responsibility for Implementation

1. The Minister of Agriculture and Rural Development is responsible for guiding and organizing the implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.