Decree No. 114/2013/ND-CP on administrative penalties for violations in the field of plant varieties, plant protection, and plant quarantine.

DECREE

Article 24provides for administrative penalties for violations in the field of plant varieties,

plant protection and quarantine,

_______________

Pursuant to the Law TGovernment issued on December 25, 2001;

Pursuant to the Law X||| handling administrative violationsñịnh on 20th,June 2024;2012;

Pursuant to the Law Provincial People's Committees set specific pricesintellectual property on 29th,"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation." of 2005 and the Law amending, 11 some articles of the Intellectual Property Law on 19th, MANAGEMENT AND USE OF DEPOSITS AT THE ENVIRONMENT PROTECTION FUND protection and quarantine on 25th July 200,onplant varieties on 24th March 2004;"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation." decision of the Minister of Agriculture and Rural DevelopmentJune 2024;Article 6 of the Law on the National Office of Vietnam Abroad dated November 21, 2017;

|||依据国家保密法 lon Foreign Exchange Bin the field of plant varieties, plant protection and quarantine1;

Căn cứ Pháp lệnh of1. This Decree stipulates acts of violation, forms of penalty, levels of penalty, measures to remedy consequences for acts of administrative violation, authority to impose penalties and authority to issue administrative violation records in the field of plant varieties, plant protection and quarantine.

Pursuant to the proposal of the Director of the Department of Ethnic Affairs and Religion Propaganda;on 2. Acts of administrative violation concerning plant varieties, plant protection and quarantine prescribed in this Decree include:;

h"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."Government issued the Decree stipulating administrative penalties"b) In addition to the lists of public services issued according to the provisions of Clause 2, Article 4 of this Decree, specialized agencies under provincial People's Committees shall report to the provincial People's Committee for decision-making on amending, supplementing, or issuing the list of public services funded by the state budget within their jurisdiction and consistent with the local budget capacity within the approved budget by the Provincial People's Assembly, and send it to the Ministry of Finance and relevant ministries and sectors for supervision during implementation."a) Violations regarding plant varieties;.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

b) Violations regarding plant protection, quarantine and plant protection chemicals.

3. Other acts of administrative violation in the field of plant varieties, plant protection and quarantine not provided for in this Decree shall be subject to provisions in other Government Decrees on administrative penalties in the fields of state management related thereto.

This Decree applies to organizations and individuals committing acts of administrative violation related to plant varieties, plant protection and quarantine.

1. The statute of limitations for administrative penalties in the field of plant varieties, plant protection and quarantine is one year.

2. For acts of administrative violation concerning intellectual property rights over plant varieties; production, export, import, trade in plant varieties, plant protection chemicals, plants, plant products, the statute of limitations for administrative penalties is two years.

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

3. The time point for calculating the statute of limitations for administrative penalties as stipulated in Clause 1 and Clause 2 of this Article shall be implemented according to Point b, Clause 1 of Article 6 of the Law on Handling Administrative Violations.

Time Limit for Administrative Penalties

1. For each act of administrative violation in the field of plant varieties, plant protection and quarantine, organizations and individuals must bear one of the main forms of penalty, which are warning or fine.

a) Revocation of the right to use licenses, certificates including: Certificate of Original Variety Plant, Original Variety Plant Garden; Decision on designation of plant variety testing; Certificate of fumigation practice; Certificate of qualification for fumigation practice; Certificate of production, processing, bottling, packaging of plant protection chemicals; Certificate of trade in plant protection chemicals; Import permit for plant protection chemicals; Testing permit for plant protection chemicals; Import quarantine permit;

b) Suspension of activities for a limited period;

Article 4. Forms of Administrative Sanctions and Measures to Mitigate Consequences

c) Confiscation of objects, means used in violation of administrative regulations in the field of plant varieties, plant protection and quarantine.

2. Depending on the nature and degree of violation, organizations and individuals committing such violations may also be subject to the following supplementary forms of sanction:

3. In addition to the remedial measures prescribed at Points a, c, d, đ, e, g, h, i Clause 1 Article 28 of the Law on Handling Administrative Violations, this Decree prescribes the following remedial measures:

a) Compel conversion of the purpose of use of seeds produced not in accordance with the specified procedures for each level of variety;

b) Compel recycling of those chemicals, chemical raw materials for plant protection that have an active ingredient content only reaching 70% or more compared to the announced standards applicable, corresponding technical regulations.

3. In addition to the measures to remedy the consequences specified in Points a, c, d, đ, e, g, h, i Clause 1 Article 28 of the Law on Handling Administrative Offenses, this Decree stipulates the following measures to remedy the consequences:

a) Compel the conversion of the purpose of use of crop seeds produced not in accordance with the prescribed procedures for each seed grade;

b) Compel recycling for plant protection chemicals and raw materials thereof having active ingredient content only reaching 70% or more compared to the announced standards applicable, corresponding technical regulations.

Article 5. Provisions on the amount of fines

1. The maximum fine amount for violations in the field of plant varieties, plant protection, and plant quarantine for individuals is 50,000,000 VND, and for organizations is 100,000,000 VND.

2. The fine amounts prescribed in this Decree apply to administrative violations committed by individuals. For organizations committing the same violations, the fine amount is twice the fine amount imposed on individuals, except as provided for in Articles 23 and 24 of this Decree.

Chapter II

ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES AND MEASURES TO MITIGATE CONSEQUENCES IN THE FIELD

OF PLANT VARIETIES

Article 6. Violations related to management, use, and conservation of plant genetic resources in protected areas

1. A fine from 3,000,000 VND to 5,000,000 VND shall be imposed for the act of exploiting or using plant genetic resources in protected areas beyond the limits permitted by competent state agencies.

2. A fine from 7,000,000 VND to 10,000,000 VND shall be imposed for the act of exploiting or using plant genetic resources in protected areas without permission from competent state agencies.

3. Fine from 10,000,000 VND to 15,000,000 VND for any of the following violations:

a) Seizing plant genetic resources in protected areas;

b) Destroying plant genetic resources in protected areas where the original condition can be restored.

4. A fine from 15,000,000 VND to 20,000,000 VND shall be imposed for the act of destroying plant genetic resources in protected areas to the extent that the original condition cannot be restored.

5. Additional forms of punishment

Confiscation of contraband items and means of violation for acts of violation stipulated in Clause 2 and Clause 3 of this Article.

Remedial measures

Compel restoration to the original condition for acts of violation stipulated in Point b Clause 3 of this Article.

Article 7. Violations related to collecting and conserving rare plant genetic resources listed in the Catalogue of Rare Plant Genetic Resources to be Conserved

1. A fine from 15,000,000 VND to 20,000,000 VND shall be imposed for any of the following violations:

a) Seizing rare plant genetic resources in protected areas;

b) Destroying rare plant genetic resources in protected areas where the original condition can be restored.

2. A fine from 30,000,000 VND to 40,000,000 VND shall be imposed for the act of destroying rare plant genetic resources to be conserved to the extent that the original condition cannot be restored.

3. Additional forms of punishment

Confiscation of contraband items and means of violation for acts of violation stipulated in Clause 1 and Clause 2 of this Article.

4. Measures to remedy consequences

Compel restoration to the original condition for acts of violation stipulated in Point b Clause 1 of this Article.

Article 8. Violations related to exporting rare plant genetic resources and plant varieties

1. A fine from 10,000,000 VND to 15,000,000 VND shall be imposed for the act of exporting more than the quantity of each rare plant genetic resource compared to the written approval of competent state agencies.

2. A fine from 20,000,000 VND to 30,000,000 VND shall be imposed for the act of exporting with incorrect names of rare plant genetic resources compared to the written approval of competent state agencies.

3. A fine from 30,000,000 VND to 40,000,000 VND shall be imposed for the act of exporting rare genetic resources without written approval from competent state agencies.

4. A fine from 40,000,000 VND to 50,000,000 VND shall be imposed for the act of exporting plant varieties listed in the Catalogue of Prohibited Exported Plant Varieties.

5. Additional forms of punishment

Confiscation of contraband items and means of violation for acts of violation stipulated in Clause 1, Clause 2, Clause 3, and Clause 4 of this Article.

Article 9. Violations concerning the testing of agronomic value, utility value (residence testing); testing for distinctness, uniformity, and stability (DUS testing)

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on individuals designated to conduct testing but who fail to maintain full testing conditions as at the time they were designated by the competent authority.

2. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed on individuals designated to conduct testing but who fail to comply with current testing regulations.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on individuals designated for testing but who publish false testing results.

4. Additional forms of punishment

Revocation of the Testing Decision or designation to conduct testing for a period of six to twelve months for violations stipulated in Clause 3 of this Article.

5. Measures to remedy consequences

Compel correction of false information for violations stipulated in Clause 3 of this Article.

Article 10. Violations concerning the use of new crop varieties undergoing testing or trial production

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the act of violating the regulation by transferring crop varieties undergoing basic testing to field trials exceeding thirty percent above the permitted area for each type of crop variety.

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on any of the following violations when transferring varieties for trial production purposes:

a) Not providing cultivation techniques for trial production varieties along with the producer;

b) Not having a contract or list clearly stating the name and address of the organization or individual conducting trial production, the time, and quantity of varieties transferred;

c) Not monitoring and evaluating the varieties during the trial production process.

3. A fine from VND 15,000,000 to VND 20,000,000 shall be imposed for any of the following violations:

a) Transferring varieties for trial production exceeding thirty percent above the permitted area for each type of crop variety;

b) Conducting trial production outside the ecological zone approved by the competent authority.

Article 11. Violations concerning the management of mother plants and mother orchards of industrial crops and perennial fruit trees

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on any of the following violations that fail to comply with the prescribed regulations on the responsibility for managing, using, and exploiting mother plants and mother orchards of industrial crops and perennial fruit trees:

a) Not labeling the source of the seedlings;

b) The source of the seedlings does not meet the criteria at the time of recognition, being infected with dangerous diseases or degenerated;

c) Citrus plants₀, citrus plants₁ are not grown in insect-proof greenhouses;

d) Exploiting propagation materials beyond the limit specified in the Certificate of Mother Plant or Mother Orchard Recognition.

e) Not maintaining records of the supply of propagation materials.

2. Additional forms of punishment

Revocation of the Certificate of Mother Plant or Mother Orchard Recognition for a period of three to six months for violations stipulated in Points b and c of Clause 1 of this Article.

Article 12. Violations concerning the rights of the owner of a Protected Variety Certificate

1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on the act of violating the regulation by using a crop variety accepted for registration protection for commercial purposes without paying compensation as stipulated in Article 189 of the Intellectual Property Law.

2. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on the act of violating the rights of the owner of a Protected Variety Certificate related to propagation material of a protected crop variety without the consent of the owner of the Protected Variety Certificate to carry out any of the following purposes:

a) Production or propagation;

b) Processing for propagation purposes;

c) Offering for sale;

d) Selling or carrying out market access activities;

e) Exporting;

f) Importing;

g) Storing for the purpose of carrying out any of the acts stipulated in Points a, b, c, d, e, and f of this Clause;

h) Carrying out any of the acts stipulated in Points a, b, c, d, e, and f of this Clause for a crop variety whose production requires repeated use of the protected crop variety;

i) Carrying out any of the acts stipulated in Points a, b, c, d, e, and f of this Clause for a crop variety derived from a protected crop variety, except where the protected crop variety is derived from another protected crop variety.

3. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on the use of a variety name identical or similar to the name of a protected crop variety for a crop variety of the same genus or closely related genus to the protected crop variety.

4. Additional forms of punishment

Confiscation of infringing items for violations stipulated in Clause 1 and Clause 2 of this Article.

Article 13. Violations concerning the obligations of the Certificate holder and the breeder of plant varieties

1. A fine of VND 15,000,000 to VND 25,000,000 shall be imposed for any of the following violations:

a) The Certificate holder of a protected plant variety does not transfer the right to use the protected plant variety according to the compulsory transfer decision of the competent authority;

b) The Certificate holder of a protected plant variety does not pay remuneration to the breeder of the protected plant variety as prescribed;

c) The Certificate holder fails to maintain the distinctness, uniformity, and stability of the protected plant variety as at the time of grant of the Certificate and still exploits and uses propagation material;

d) The breeder of a protected plant variety does not fulfill the obligation to assist the Certificate holder in maintaining the propagation material of the protected plant variety.

2. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the violation of using a protected plant variety Certificate that has expired, been suspended, or had its validity revoked to exercise rights over the plant variety.

3. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for the violation of using a counterfeit protected plant variety Certificate to exercise rights over the plant variety.

4. Additional forms of punishment

Seizure of the plant variety for violations stipulated in Clause 2 and Clause 3 of this Article.

5. Measures to remedy consequences

Compulsory revocation of the counterfeit protected plant variety Certificate for the violation stipulated in Clause 3 of this Article.

Article 14. Violations concerning conditions for producing and trading in major plant varieties

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations concerning the conditions for trading in major plant varieties as prescribed:

a) Lack of a business location and technical facilities suitable for each type of crop and each level of seed;

b) Lack of or failure to hire technical staff with a minimum qualification of a diploma in Crop Production or Plant Protection, or a certificate in major plant variety seed production technology.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following violations concerning the conditions for producing major plant varieties for commercial purposes:

a) The production site is not in accordance with the agricultural sector's planning requirements and production requirements for each type of crop and each level of seed as prescribed;

b) Lack of technical facilities and equipment suitable for the production technology process for each type of crop and each level of seed as prescribed;

c) Lack of or failure to hire technical staff with a minimum qualification of a diploma in Crop Production or Plant Protection, or a certificate in major plant variety seed production technology for certified seed production;

d) Lack of or failure to hire technical staff with a minimum qualification of a bachelor's degree in Agriculture, Crop Production, or Plant Protection for the production of super foundation seeds, foundation seeds, parent seeds, and F1 hybrid seeds.

Article 15. Violations concerning seed production

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the violation of producing plant variety seeds not in accordance with the prescribed production procedures for each level of seed.

2. A fine of VND 15,000,000 to VND 25,000,000 shall be imposed for any of the following violations:

a) Propagating industrial crops, fruit trees, and forestry trees through vegetative methods not from mother plants or from mother plant nurseries that have been evaluated and recognized;

b) Producing major forestry tree seeds without using propagation material from mother trees, mother plant nurseries, seed nurseries, or seed forests that have been evaluated and recognized.

3. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for the violation of producing plant varieties for commercial purposes that are not listed in the Catalogue of Plant Varieties Permitted for Production and Trade in Vietnam, or have not been recognized as new plant varieties by the Ministry of Agriculture and Rural Development, or do not have approval documents for production issued by the Ministry of Agriculture and Rural Development.

4. Additional forms of punishment

Seizure of the plant variety for violations stipulated in Clause 2 and Clause 3 of this Article.

5. Measures to remedy consequences

Compulsory change of purpose for seed use or compulsory destruction of seeds for the violation stipulated in Clause 1 of this Article.

Article 16. Violations related to the business of plant seeds

1. A fine of from 15,000,000 VND to 25,000,000 VND shall be imposed on the act of conducting business with plant seeds not listed in the Catalogue of Plant Seeds Permitted for Production and Business in Vietnam or seeds that have not been recognized as new plant varieties by the Ministry of Agriculture and Rural Development.

2. Additional forms of punishment

Seizure of plant seeds shall be carried out for violations stipulated in Clause 1 of this Article.

3. Measures to remedy consequences

Destruction of plant seeds shall be ordered for violations stipulated in Clause 1 of this Article.

Article 17. Violations related to the export and import of plant seeds and plant genetic resources that are not rare plant genetic resources

1. A fine of from 15,000,000 VND to 25,000,000 VND shall be imposed on the act of importing plant seeds and plant genetic resources that do not comply with the contents of the permit issued by the Ministry of Agriculture and Rural Development.

2. A fine of from 30,000,000 VND to 40,000,000 VND shall be imposed on the act of importing plant seeds and plant genetic resources without a written permit from the Ministry of Agriculture and Rural Development.

3. A fine of from 40,000,000 VND to 50,000,000 VND shall be imposed on the act of importing plant genetic resources and plant seeds that cause harm to production, human health, the environment, and ecosystems.

4. Additional forms of punishment

Seizure of plant seeds shall be carried out for violations stipulated in Clause 3 of this Article.

5. Measures to remedy consequences

a) Re-export or destruction of plant seeds and plant genetic resources shall be ordered for violations stipulated in Clauses 1 and 2 of this Article;

b) Destruction of plant seeds and plant genetic resources shall be ordered for violations stipulated in Clause 3 of this Article.

Article 18. Violations related to the management of permits and certificates for plant seed activities

1. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed on the act of using another person's plant seed permit or certificate to practice the profession, including the following documents:

a) Certificate of foundation stock tree or foundation stock orchard;

b) Decision on the designation of plant variety testing;

c) Certificate of sample collector, inspector, tester for plant seeds, identification card for plant seed inspector;

d) Certificate of representation service for plant seeds;

đ) Permit for the export and import of plant genetic resources.

2. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed on the intentional alteration or tampering with the content of the following documents:

a) Documents specified in Clause 1 of this Article;

b) Certificate of conformity for plant seeds;

c) Inspection report; test results of plant seed samples.

3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on the act of forging the aforementioned documents and application files for such documents as specified in Clause 2 of this Article but not reaching the level of criminal prosecution.

4. Measures to remedy consequences

Revocation of the aforementioned documents and application files shall be ordered for violations stipulated in Clauses 2 and 3 of this Article.

Chapter III

ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES AND MEASURES TO REMEDY CONSEQUENCES IN THE FIELD OF PLANT PROTECTION AND QUARANTINE

Article 19. Violations related to the prevention and control of harmful organisms affecting plant resources

1. A warning or a fine of from 200,000 VND to 500,000 VND shall be imposed on one of the following acts of violation:

a) Directly providing plant protection services without the required professional qualifications in accordance with the law;

b) Intentionally failing to comply with measures to prevent and control harmful organisms affecting plant resources as required and guided by competent state agencies.

2. Imposing a fine from VND 1,000,000 to VND 3,000,000 for one of the following acts of violation:

a) Moving out of the plant quarantine area and products infected with pests that have been declared as pest-infested areas but not yet treated;

b) Not arranging personnel and means to serve the inspection of quarantine objects when requested by the plant protection and quarantine agency without a valid reason.

3. A fine of from 3,000,000 VND to 6,000,000 VND shall be imposed on one of the following acts of violation:

a) Transporting and using plant seeds and propagation materials infected with pests that have been declared as pest-infested areas from pest-infested areas to other areas;

b) Importing, transporting, breeding, storing, releasing dangerous pests affecting plant resources without a written permit from the Minister of Agriculture and Rural Development.

4. A fine of from 6,000,000 VND to 12,000,000 VND shall be imposed on the act of violating the provisions of Clause 3 of this Article for commercial purposes.

5. Measures to remedy consequences

Destruction of plants, plant products, plant seeds, and dangerous pests shall be ordered for violations stipulated in Point a, Clause 2 and Clause 3 of this Article.

Article 20. Violations of regulations on plant quarantine for export, import, and transit

1. A fine of from 1,000,000 VND to 2,000,000 VND shall be imposed on acts of failing to declare plant quarantine procedures before importing, exporting, or transporting plants subject to quarantine through transit.

2. Fine from 5,000,000 VND to 10,000,000 VND for any of the following violations:

a) Bringing into the territory of Vietnam objects subject to plant quarantine without undergoing quarantine procedures at the border gate;

b) Bringing into the territory of Vietnam objects subject to plant quarantine without a plant quarantine certificate issued by the exporting country;

c) Bringing into the territory of Vietnam objects subject to plant quarantine that require an Import Plant Quarantine Permit but lacking such permit or not complying with the treatment measures required in the permit;

d) Transporting through transit objects subject to plant quarantine without permission from the competent plant quarantine authority of Vietnam;

đ) Transporting through transit objects subject to plant quarantine without implementing the preventive measures against harmful organisms as prescribed by Vietnam;

e) Transporting through transit objects subject to plant quarantine not in accordance with the prescribed route or retaining such objects beyond the permitted period within the territory of Vietnam;

g) Failing to treat wooden packaging materials according to regulations;

h) Bringing into the territory of Vietnam objects subject to plant quarantine infected with plant pests regulated by Vietnam or live alien harmful organisms;

3. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following violations:

a) Misrepresenting, concealing, or disposing of objects subject to plant quarantine during the quarantine process conducted by the plant quarantine authority for export or import consignments;

b) Adding objects subject to plant quarantine that have not been quarantined to consignments already certified with a plant quarantine certificate;

c) Unauthorizedly removing seals, loading/unloading, transferring, transshipping, or cutting off cargo compartments of export, import, or transit goods while under inspection or supervision by the plant quarantine authority;

4. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following violations:

a) Bringing into the territory of Vietnam plant pests regulated by Vietnam or live alien harmful organisms without permission from the Minister of Agriculture and Rural Development;

b) Bringing soil containing harmful organisms into Vietnam;

c) Failing to re-export objects subject to plant quarantine infected with plant pests as required by the plant quarantine authority within the stipulated time frame;

d) Transporting objects subject to plant quarantine infected with plant pests without thorough treatment as directed by the plant quarantine authority;

5. Measures to remedy consequences

a) Compelling removal from the territory of Vietnam or re-exportation of objects subject to plant quarantine within thirty days from the date of the decision of the plant quarantine authority for violations specified in Point d, đ Clause 2 and Point b Clause 4 of this Article or for repeated violations of Points b, c Clause 2 of this Article from the third occurrence onwards;

b) Compelling destruction of objects subject to plant quarantine immediately upon the decision of the plant quarantine authority for violations specified in Point a Clause 4 of this Article;

c) Compelling treatment of wooden packaging materials for violations specified in Point g Clause 2 of this Article or compelling removal from the territory of Vietnam or destruction for repeated violations from the third occurrence onwards;

d) Compelling removal from the territory of Vietnam or re-exportation of objects subject to plant quarantine or thorough treatment where feasible for violations specified in Point h Clause 2 of this Article.

Article 21. Violation of domestic plant quarantine regulations

1. A warning or a fine from VND 200,000 to VND 500,000 shall be imposed on the act of transporting a plant quarantine object from an infected area out of the infected area without a plant quarantine certificate issued by the competent state agency for plant protection and quarantine at the place of origin.

2. A fine from VND 1,000,000 to VND 2,000,000 shall be imposed on one of the following acts of violation:

a) Transporting or handling a plant quarantine object infected with a regulated pest or an alien harmful organism not in accordance with the provisions;

b) Bringing a plant quarantine object to places not specified in the Plant Quarantine Import Permit.

3. A fine of from VND 3,000,000 to VND 5,000,000 for one of the following violations:

a) Bringing a regulated pest or an alien harmful organism to areas within the territory of Vietnam;

b) Transporting or circulating a plant quarantine object found to be infected with a regulated pest or an alien harmful organism without complying with the provisions of the competent plant quarantine authority;

c) Not complying with measures to isolate, encircle, and eradicate the source of infection or regulated pests or alien harmful organisms according to the order of the plant protection and quarantine agency.

4. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of violation of not complying with the provisions for handling a plant quarantine object infected with a regulated pest or an alien harmful organism.

5. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed on the act of violation of not complying with the provisions or decisions of the plant quarantine authority regarding the handling of plant quarantine pests.

Remedial measures

a) Order to implement measures to control the spread of plant quarantine pests for violations stipulated in Clause 2, Clause 3, and Clause 5 of this Article;

b) Order to destroy a plant quarantine object infected with a plant quarantine pest for violations stipulated in Clause 5 of this Article.

Article 22. Violation of regulations on plant quarantine for imported planting materials and beneficial organisms

1. A fine from VND 1,000,000 to VND 3,000,000 shall be imposed on the act of violation of the subject of a plant quarantine object not declaring to the competent state agency for plant protection and quarantine when bringing new imported planting material for the first time to the planting location as prescribed.

2. Fine from 5,000,000 VND to 10,000,000 VND for any of the following violations:

a) Not complying with the regulations on importing, breeding, and using beneficial organisms;

b) Planting new imported planting material for the first time not in accordance with the planting location specified in the Plant Quarantine Import Permit of the plant quarantine authority.

3. A fine from VND 15,000,000 to VND 20,000,000 shall be imposed on the act of violation of bringing new imported planting material for the first time to planting or production before receiving a conclusion from the plant quarantine authority on the infection status of the planting material.

4. Measures to remedy consequences

Order to destroy imported planting material for violations stipulated in Point b Clause 2 and Clause 3 of this Article.

Article 23. Violation of regulations on fumigation disinfection

1. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed on an organization engaged in fumigation disinfection having one of the following acts of violation:

a) The person directly managing and operating does not have a Fumigation Disinfection Practice Certificate as prescribed;

b) Using personnel for fumigation disinfection who do not have a Fumigation Disinfection Card;

c) Fumigating and disinfecting without technical procedures, lacking equipment and tools for practice as prescribed;

d) Storing chemical disinfectants not meeting the standards prescribed by the competent authority.

2. A fine from VND 15,000,000 to VND 20,000,000 shall be imposed on an organization engaged in fumigation disinfection having one of the following acts of violation:

a) Using fumigation disinfection chemicals not listed in the directory of permitted and restricted pesticides in Vietnam;

b) Using fumigation disinfection chemicals that do not comply with published standards, technical regulations, lack labels as prescribed, and unclear origin;

c) Conducting fumigation disinfection not in accordance with technical procedures for fumigation disinfection;

d) Engaging in fumigation disinfection without a Certificate of Eligibility for Practice or a Certificate of Eligibility for Practice has expired.

3. A fine from VND 20,000,000 to VND 30,000,000 shall be imposed on an organization engaged in fumigation disinfection having one of the following acts of violation:

a) Using fumigation disinfection chemicals listed in the directory of prohibited pesticides in Vietnam;

b) Using fumigation disinfection chemicals in violation of regulations affecting the quality of plant quarantine objects being fumigated and disinfected.

4. Additional forms of punishment

a) Suspension of the right to use the Fumigation Disinfection Practice Certificate for a period of one to three months if there are aggravating circumstances for violations stipulated in Point c Clause 2 of this Article;

b) Suspension of the right to use the Certificate of Eligibility for Fumigation Disinfection Practice for a period of one to three months for violations stipulated in Point a, b Clause 2 and Clause 3 of this Article;

c) Suspension of fumigation disinfection activities for a period of one to three months for violations stipulated in Clause 1 and Point d Clause 2 of this Article.

Article 24. Violation of regulations on the production, processing, bottling, and packaging of plant protection chemicals

1. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on organizations directly managing the production, processing, bottling, and packaging of plant protection chemicals without a practice certificate.

2. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on organizations committing any of the following violations in the production, processing, bottling, and packaging of plant protection chemicals:

a) Chemicals not conforming to announced standards or corresponding technical regulations;

b) Finished products not matching the registered origin.

3. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on organizations committing any of the following violations:

a) Bottling and packaging finished products that have exceeded their shelf life; using raw materials that have exceeded their shelf life for production and processing;

b) Packaging chemicals in glass syringes.

4. A fine of from VND 30,000,000 to VND 50,000,000 shall be imposed on organizations committing any of the following violations in the production, processing, bottling, and packaging of plant protection chemicals:

a) Plant protection chemicals not listed in the Catalogue of Plant Protection Chemicals Permitted for Use or Restricted Use in Vietnam;

b) Plant protection chemicals listed in the Catalogue of Plant Protection Chemicals Prohibited for Use in Vietnam with a quantity up to 50 kilograms (or liters) of finished product.

5. Additional forms of punishment

a) Revocation of the Practice Certificate for Production, Processing, Bottling, and Packaging of Plant Protection Chemicals for a period of from one to three months for violations stipulated in Clause 3 and Clause 4 of this Article;

b) Confiscate the evidence of violation for the act stipulated in Clause 4 of this Article.

Remedial measures

a) Order the destruction or recycling of plant protection chemicals still capable of being recycled for violations stipulated in Point a Clause 2 of this Article;

b) Order the destruction or recycling of plant protection chemicals and raw materials still capable of being recycled for violations stipulated in Point a Clause 3 of this Article;

c) Order the destruction of plant protection chemicals and raw materials for violations stipulated in Point b Clause 3 and Clause 4 of this Article;

d) Publicize the violation stipulated in Clause 2 of this Article on mass media when it causes significant consequences or has a negative impact on public opinion.

Article 25. Violation of regulations on the sale and trade of plant protection chemicals and raw materials thereof

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on any of the following violations:

a) Not having a practice certificate for the sale of plant protection chemicals;

b) Not having a store and warehouse for plant protection chemicals or having a store and warehouse that do not comply with regulations;

c) Selling plant protection chemicals and raw materials thereof together with animal feed, foodstuffs, beverages, medical drugs, veterinary drugs, and other consumer goods, except fertilizers;

d) Selling expired plant protection chemicals; chemicals not conforming to announced standards or corresponding technical regulations; chemicals not listed in the Catalogue of Plant Protection Chemicals Permitted for Use or Restricted Use in Vietnam with a quantity up to 5 kilograms (or liters) of finished product;

đ) Selling plant protection chemicals without an annual training certificate issued by the provincial or centrally-administered municipal Plant Protection Service;

2. A fine of from VND 2,000,000 to VND 3,000,000 for one of the following violations:

a) Selling expired plant protection chemicals; chemicals not conforming to announced standards or corresponding technical regulations; chemicals not listed in the Catalogue of Plant Protection Chemicals Permitted for Use or Restricted Use in Vietnam with a quantity from 5 kilograms (or liters) to under 20 kilograms (or liters) of finished product;

b) Selling plant protection chemicals prohibited for use in Vietnam with a quantity up to 3 kilograms (or liters) of finished product;

3. A fine of from VND 3,000,000 to VND 5,000,000 for one of the following violations:

a) Selling expired plant protection chemicals; chemicals not conforming to announced standards or corresponding technical regulations; chemicals not listed in the Catalogue of Plant Protection Chemicals Permitted for Use or Restricted Use in Vietnam with a quantity from 20 kilograms (or liters) to under 100 kilograms (or liters) of finished product;

b) Selling plant protection chemicals prohibited for use in Vietnam with a quantity from 3 kilograms (or liters) to under 5 kilograms (or liters) of finished product;

c) Arbitrarily bottling and repackaging plant protection chemicals from large packages into small bottles or packages for sale;

d) Selling plant protection chemicals in glass syringes;

đ) The person directly selling the chemicals engaging in improper sales and usage guidance for plant protection chemicals;

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

a) Selling expired plant protection chemicals; chemicals not conforming to announced standards or corresponding technical regulations; chemicals not listed in the Catalogue of Plant Protection Chemicals Permitted for Use or Restricted Use in Vietnam with a quantity from 100 kilograms (or liters) to under 300 kilograms (or liters) of finished product;

b) Selling plant protection chemicals prohibited for use in Vietnam with a quantity from 5 kilograms (or liters) to under 10 kilograms (or liters) of finished product;

5. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following violations:

a) Selling expired plant protection chemicals; chemicals not conforming to announced standards or corresponding technical regulations; chemicals not listed in the Catalogue of Plant Protection Chemicals Permitted for Use or Restricted Use in Vietnam with a quantity from 300 kilograms (or liters) to under 500 kilograms (or liters) of finished product;

b) Selling plant protection chemicals prohibited for use in Vietnam with a quantity from 10 kilograms (or liters) to under 20 kilograms (or liters) of finished product;

6. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following violations:

a) Selling expired plant protection chemicals; chemicals not conforming to announced standards or corresponding technical regulations; chemicals not listed in the Catalogue of Plant Protection Chemicals Permitted for Use or Restricted Use in Vietnam with a quantity from 500 kilograms (or liters) to under 1,000 kilograms (or liters) of finished product;

b) Selling plant protection chemicals prohibited for use in Vietnam with a quantity from 20 kilograms (or liters) to under 30 kilograms (or liters) of finished product.

7. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for any of the following violations:

a) Selling plant protection chemicals that have exceeded their shelf life; chemicals that do not meet the announced standards, corresponding technical regulations; chemicals not listed in the Catalogue of Plant Protection Chemicals permitted for use and restricted use in Vietnam with a quantity of 1,000 kilograms (or liters) of finished product or more;

b) Selling plant protection chemicals prohibited for use in Vietnam with a quantity from 30 kilograms (or liters) to less than 50 kilograms (or liters) of finished product.

8. Additional forms of punishment

Revoking the Business Practice Certificate for selling plant protection chemicals for a period of from one month to three months for violations stipulated in Clause 4, Clause 5, Clause 6, Clause 7 of this Article.

9. Remedial measures

a) Compelling the return to the manufacturer for destruction or recycling, if recyclable, of chemicals that have exceeded their shelf life, do not meet the announced standards, corresponding technical regulations as stipulated in Point d 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 prohibited plant protection chemicals, chemicals not listed in the Catalogue of Plant Protection Chemicals permitted for use and restricted use in Vietnam, and chemicals in glass syringe form for violations stipulated in Point d Clause 1; Clause 2; Points a, b, d Clause 3; Clause 4, Clause 5, Clause 6, Clause 7 of this Article.

Article 26. Violations concerning the use of plant protection chemicals

1. Warning or imposing a fine from 200,000 dong to 500,000 dong for the violation of using plant protection chemicals not in accordance with the usage instructions stated on the label or packaging.

2. Imposing a fine from 500,000 dong to 1,000,000 dong for one of the following violations:

a) Using plant protection chemicals not listed in the Catalogue of Plant Protection Chemicals permitted for use and restricted use in Vietnam;

b) Using plant protection chemicals in glass syringe form.

3. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following violations:

a) Using plant protection chemicals prohibited for use in Vietnam;

b) Using plant protection chemicals not in accordance with the instructions stated on the packaging, causing danger to people, livestock, and environmental pollution.

4. Measures to remedy consequences

a) Compelling the destruction of chemicals for violations stipulated in Clause 2 and Point a, Clause 3 of this Article;

b) Compelling the implementation of measures to mitigate environmental pollution for violations stipulated in Point b, Clause 3 of this Article.

Article 27. Violations concerning the transportation of plant protection chemicals

1. A warning or a fine of VND 500,000 to VND 1,000,000 shall be imposed for any of the following violations:

a) Failing to ensure technical safety requirements for the transportation of chemicals and raw materials for chemicals by transport vehicles;

b) Transporting chemical plant protection chemicals together with animals, animal feed, food grains, food products, beverages, medical drugs, veterinary drugs, and other consumer goods except fertilizers;

c) Transporting chemical plant protection chemicals on public transportation means.

2. Transporting prohibited plant protection chemicals, chemicals not listed in the Catalogue of Plant Protection Chemicals permitted for use and restricted use in Vietnam shall be subject to administrative penalties as stipulated for the sale of plant protection chemicals under Article 25 of this Decree.

Article 28. Violations concerning the importation of plant protection chemicals

1. Imposing a fine from 3,000,000 dong to 5,000,000 dong for the violation of importing chemicals and raw materials for chemicals that do not comply with national technical standards or do not meet the announced standards, corresponding technical regulations.

2. A fine of from fifteen million to thirty million dong shall be imposed for one of the following violations:

a) Importing chemicals or raw materials for chemicals not listed in the Catalogue of Plant Protection Chemicals permitted for use in Vietnam without a permit from the Ministry of Agriculture and Rural Development;

b) Importing chemicals or raw materials for chemicals that have exceeded their shelf life, chemicals of unknown origin, chemicals in glass syringe form;

c) Importing types of chemicals and raw materials for chemicals listed in the Catalogue of Plant Protection Chemicals restricted for use in Vietnam not in accordance with the type of chemicals and raw materials specified in the permit;

d) Placing into circulation and using imported chemicals and raw materials for chemicals before receiving the notification of the results of state inspections on the quality of imported plant protection chemicals.

3. Imposing a fine from 20,000,000 dong to 40,000,000 dong for the violation of importing types of chemicals listed in the Catalogue of Plant Protection Chemicals restricted for use in Vietnam without a Permit for Importing Plant Protection Chemicals from the Ministry of Agriculture and Rural Development.

4. Imposing a fine from 40,000,000 dong to 50,000,000 dong for the violation of importing chemicals or raw materials for chemicals listed in the Catalogue of Plant Protection Chemicals prohibited for use in Vietnam without a Permit for Importing Plant Protection Chemicals from the Ministry of Agriculture and Rural Development.

5. Measures to remedy consequences

a) Compelling the re-export of chemicals and raw materials for chemicals for violations stipulated in Clause 1 of this Article;

b) Compelling the re-export or destruction of chemicals and raw materials for chemicals for violations stipulated in Points a, b, c Clause 2, Clause 3, and Clause 4 of this Article.

Article 29. Violation of regulations on testing plant protection chemicals

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of conducting tests on new plant protection chemicals not in accordance with the contents stated in the permit.

2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of conducting tests on new plant protection chemicals without a permit.

Article 30. Violation of labeling regulations for plant protection chemicals

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of violating labeling regulations for plant protection chemicals where the label, sub-label, or accompanying documentation contains information inconsistent with the Registration Certificate for Plant Protection Chemicals; or inconsistent with the approved label content during registration review.

2. Measures to remedy consequences

The violator shall be ordered to recall plant protection chemicals with incorrect labels or to re-label them in compliance with regulations as stipulated in Clause 1 of this Article.

Article 31. Violation of management regulations for permits and professional certificates related to plant protection and quarantine

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for the act of using another person's permit or professional certificate to practice, including the following documents:

a) Permit for importing plant protection chemicals;

b) Permit for testing plant protection chemicals;

c) Registration Certificate for plant protection chemicals;

d) Import quarantine permit, Quarantine Certificate for plant protection chemicals;

đ) Professional certificate for producing, processing, bottling, packaging, trading in plant protection chemicals, and fumigation disinfection services;

e) Certificate of qualification for fumigation disinfection services;

g) Fumigation disinfection card.

2. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed on the intentional alteration or tampering with the content of the following documents:

a) The documents as prescribed in Clause 1 of this Article;

b) Certificate of quality and residue testing for plant protection chemicals.

3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed on the act of forging the aforementioned documents and application files for such documents as specified in Clause 2 of this Article but not reaching the level of criminal prosecution.

4. Measures to remedy consequences

Revocation of the aforementioned documents and application files shall be ordered for violations stipulated in Clauses 2 and 3 of this Article.

Chapter IV

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

Article 32. Administrative penalty enforcement authority of People's Committees at all levels

1. The Chairperson of the People's Committee at the commune level has the right to:

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c) Confiscating objects and means used in administrative violations up to a value of VND 5,000,000;

d) Apply measures to rectify consequences as provided in Point a, c, and đ Clause 1 Article 28 of the Law on Handling Administrative Violations.

2. The Chairperson of the People's Committee at the district level has the right to:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) Suspend the right to use permits and professional certificates or suspend operations for a specified period;

d) Confiscate objects and means used to commit administrative violations up to a value of VND 25,000,000;

đ) Apply measures to rectify consequences as provided in Point a, c, đ, e, h, i Clause 1 Article 28 of the Law on Handling Administrative Violations and Clause 3 Article 4 of this Decree.

3. The Chairman of the Provincial People's Committee has the authority to:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) Suspend the right to use permits and professional certificates or suspend operations for a specified period;

d) Confiscate contraband and means of administrative violation;

đ) Apply measures to rectify consequences as provided in Point a, c, d, đ, e, g, h, i Clause 1 Article 28 of the Law on Handling Administrative Violations and Clause 3 Article 4 of this Decree.

Article 33. Administrative penalty enforcement authority of specialized inspectors in the field of crop seeds

Specialized inspectors in the field of crop seeds have the authority to impose penalties for administrative violations as stipulated in Chapter II of this Decree, specifically as follows:

1. Agricultural inspectors and persons assigned to perform specialized inspection tasks while performing their duties have the authority to:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c) Confiscate objects and means used to commit administrative violations up to a value of VND 500,000;

d) Apply measures to rectify consequences as provided in Point a, c, and đ Clause 1 Article 28 of the Law on Handling Administrative Violations.

2. Heads of agricultural and rural development inspection departments; chiefs of forest protection, fisheries, and plant protection bureaus; heads of specialized inspection teams of agricultural and rural development departments; heads of specialized inspection teams of forestry, fisheries, crop production, forest protection, fisheries, and plant protection bureaus assigned to manage crop seeds have the authority to:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) Suspend the right to use permits and professional certificates or suspend operations for a specified period;

d) Confiscate objects and means used to commit administrative violations up to a value of VND 25,000,000;

đ) Apply measures to rectify consequences as provided in Point a, c, d, đ, e, g, h, i Clause 1 Article 28 of the Law on Handling Administrative Violations and Point a Clause 3 Article 4 of this Decree.

3. Chiefs of specialized inspection teams of the Ministry of Agriculture and Rural Development have the right to:

a) To issue warnings;

b) Impose a fine up to thirty-five million dong;

c) Suspend the right to use permits and professional certificates or suspend operations for a specified period;

d) Confiscate objects and means used to commit administrative violations up to a value of VND 35,000,000;

đ) Apply measures to rectify consequences as provided in Point a, c, d, đ, e, g, h, i Clause 1 Article 28 of the Law on Handling Administrative Violations and Point a Clause 3 Article 4 of this Decree.

4. Heads of the Ministry of Agriculture and Rural Development's inspection department; chiefs of the Forestry General Department, Fisheries General Department; and directors of the Crop Production Department have the authority to:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) Suspend the right to use permits and professional certificates or suspend operations for a specified period;

d) To confiscate objects and means used for administrative violations;

đ) Apply measures to rectify consequences as provided in Point a, c, d, đ, e, g, h, i Clause 1 Article 28 of the Law on Handling Administrative Violations and Point a Clause 3 Article 4 of this Decree.

Article 34. Competence to impose administrative penalties of specialized inspectors in the field of plant protection and quarantine

Specialized inspectors in the field of plant protection and quarantine have the authority to impose administrative penalties for violations of administrative acts stipulated in Chapter III of this Decree, specifically as follows:

1. Agricultural inspectors and development officers performing specialized inspection tasks in accordance with Clause 1 of Article 33 of this Decree while discharging their duties.

2. Heads of provincial agricultural and rural development inspectorates; chiefs of plant protection branches; heads of specialized inspection teams of provincial agricultural and rural development inspectorates; heads of specialized inspection teams: Plant Protection Department, Plant Protection Branches have the right:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) To revoke the right to use permits, certificates of compliance with conditions, professional certificates in plant protection and quarantine or suspend operations for a limited time;

d) Confiscate objects and means used to commit administrative violations up to a value of VND 25,000,000;

d) To apply measures to remedy consequences specified in Points a, c, d, đ, e, g, h, i of Clause 1, Article 28 of the Law on Handling Administrative Violations and Point b of Clause 3, Article 4 of this Decree.

3. Chiefs of specialized inspection teams of the Ministry of Agriculture and Rural Development have the right to:

a) To issue warnings;

b) Impose a fine up to thirty-five million dong;

c) Suspend the right to use permits and professional certificates or suspend operations for a specified period;

d) Confiscate objects and means used to commit administrative violations up to a value of VND 35,000,000;

d) To apply measures to remedy consequences specified in Points a, c, d, đ, g, h, i of Clause 1, Article 28 of the Law on Handling Administrative Violations and Point b of Clause 3, Article 4 of this Decree.

4. Heads of the Ministry of Agriculture and Rural Development's Inspection Department, Heads of the Plant Protection Department have the authority:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) To revoke the right to use permits, certificates of compliance with conditions, professional certificates in plant protection and quarantine or suspend operations for a limited time;

d) To confiscate objects and means used for administrative violations;

d) To apply measures to remedy consequences specified in Points a, c, d, đ, e, g, h, i of Clause 1, Article 28 of the Law on Handling Administrative Violations and Point b of Clause 3, Article 4 of this Decree.

Article 35. Competence to impose penalties of public security organs, customs, market management, and other specialized inspectors

1. Persons authorized to impose penalties of public security agencies have the authority to inspect, prepare records of administrative violations, impose administrative penalties, and apply measures to remedy consequences for administrative violations stipulated in this Decree within their respective fields of management in accordance with Articles 39 and 52 of the Law on Handling Administrative Violations.

2. Persons authorized to impose penalties of customs agencies have the authority to inspect, prepare records of administrative violations, impose administrative penalties, and apply measures to remedy consequences for administrative violations stipulated in this Decree related to export and import of goods and services related to export and import of goods within their respective fields of management in accordance with Articles 42 and 52 of the Law on Handling Administrative Violations.

3. Persons authorized to impose penalties of market management agencies have the authority to inspect, prepare records of administrative violations, impose administrative penalties, and apply measures to remedy consequences for administrative violations stipulated in this Decree within their respective fields of management in accordance with Articles 45 and 52 of the Law on Handling Administrative Violations.

4. Persons authorized to impose penalties of other specialized inspection agencies have the authority to inspect, prepare records of administrative violations, impose administrative penalties, and apply measures to remedy consequences for administrative violations stipulated in this Decree within their respective fields of management in accordance with Articles 46 and 52 of the Law on Handling Administrative Violations.

Article 36. Competence to Draft Administrative Violation Records

1. Persons authorized to impose penalties under this Decree.

2. Civil servants and officials discharging their duties or performing tasks in the fields of crop varieties, plant protection, and quarantine.

Chapter V

IMPLEMENTING PROVISIONS

Article 37. Effective Date

1. This Decree takes effect from November 20, 2013.

2. This Decree replaces Decree No. 26/2003/NĐ-CP dated June 3, 2003 of the Government on administrative penalties in the field of plant protection and quarantine; Decree No. 57/2005/NĐ-CP dated April 27, 2005 of the Government on administrative penalties in the field of crop varieties; and Decree No. 172/2007/NĐ-CP dated November 28, 2007 of the Government amending and supplementing certain provisions of Decree No. 57/2005/NĐ-CP dated April 27, 2005 of the Government on administrative penalties in the field of crop varieties.

Article 38. Transitional Provisions

For administrative violations in the fields of crop varieties, plant protection, and quarantine occurring before this Decree took effect but discovered or being examined and resolved thereafter, the most favorable provisions shall be applied for organizations and individuals who violated.

Article 39. Responsibility for Implementation

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

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.