Decree No. 115/2016/ND-CP amending and supplementing certain articles of Decree No. 163/2013/ND-CP dated November 12, 2013 of the Government on administrative penalties for violations in the field of chemicals, fertilizers, and industrial explosives.

 

DECREE

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF DECREE NO. 163/2013/NĐ-CP OF THE GOVERNMENT DATED OCTOBER 12, 2013 ON ADMINISTRATIVE SANCTIONS IN THE FIELD OF CHEMICALS, FERTILIZERS, AND INDUSTRIAL EXPLOSIVES

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

Based on the Administrative Violation Handling Law dated June 20, 2012;

Pursuant to the Chemicals Law on November 21, 2007;

At the proposal of the Minister of Industry and Trade, the Minister of Agriculture and Rural Development;

The Government promulgates this Decree amending and supplementing certain Articles of Decree No. 163/2013/NĐ-CP dated October 12, 2013 of the Government on administrative sanctions in the field of chemicals, fertilizers, and industrial explosives.

Article 1. Amending, supplementing, and abolishing certain Articles of Decree No. 163/2013/NĐ-CP dated October 12, 2013 of the Government on administrative sanctions in the field of chemicals, fertilizers, and industrial explosives

1. AMENDING AND SUPPLEMENTING ARTICLE 3 AS FOLLOWS:

"Article 3. Forms of administrative sanction, measures to remedy consequences, and principles for application

1. In addition to the main form of administrative sanction being warning and fine, depending on the nature and degree of violation, individuals and organizations violating administrative regulations in the fields of chemicals, fertilizers, and industrial explosives may also be subject to one or more supplementary forms of administrative sanction as follows:

a) Revocation of the right to use for a limited period the Permit for production and business of chemicals listed in the Restricted Chemicals List; revocation of the certificate of registration for the activity area or decision appointing an organization to certify compliance and test fertilizers; Permit for production of Table chemicals; Permit for production of fertilizers; Permit for use of industrial explosives; Certificate of operation of industrial explosives;

b) Suspension of operations for a limited period involving the production, business, storage of dangerous chemicals, activities of Table chemical facilities, DOC chemicals, DOC-PSF chemicals, fertilizer production activities, and industrial explosive activities;

c) The form of administrative sanction of confiscation of contraband items and means of transportation provided for in this Decree is a supplementary form of administrative sanction that can only be applied to contraband items and means of transportation specified in Article 26 of the Law on Handling Administrative Violations and Clause 2 of Article 3 of Decree No. 81/2013/NĐ-CP dated July 19, 2013 of the Government detailing some provisions and enforcement measures of the Law on Handling Administrative Violations.

2. The principle of applying remedial measures shall be implemented according to the provisions of Clause 2 of Article 28 of the Law on Handling Administrative Violations.

Depending on the nature and degree of violation, organizations and individuals who violate may also be subject to one or more specific remedial measures stipulated in Clause 6 of Article 5, Clause 6 of Article 14, Clause 8 of Article 14a, Clause 4 of Article 14b, Clause 4 of Article 14d, Clause 2 of Article 14e, Clause 3 of Article 14g, Clause 8 of Article 19, Clause 2 of Article 20, Clause 3 of Article 21, Clause 4 of Article 24, and Clause 4 of Article 25 of this Decree."

2. Amending and supplementing Clause 4 as follows:

"Article 4. Application of forms of administrative sanction

1. The form of administrative sanction of warning provided for in this Decree is a main form of administrative sanction that can only be applied to acts of administrative violation that prescribe the form of warning and to individuals and organizations that violate and have circumstances prescribed in Article 22 of the Law on Handling Administrative Violations.

2. The form of administrative sanction of fine provided for in this Decree is a main form of administrative sanction, and the amount of fine prescribed in this Decree applies to acts of administrative violation committed by individuals. For the same act of administrative violation, the fine for organizations is twice the fine for individuals."

3. Amending and supplementing Clause 3 of Article 5 as follows:

"3. The amount of fine for violations concerning the Plan for Prevention and Response to Chemical Accidents and Measures for Prevention and Response to Chemical Accidents (not applicable to the petroleum and LPG sectors) is as follows:

a) A fine of from VND 5,000,000 to VND 10,000,000 for the act of establishing a Plan for Prevention and Response to Chemical Accidents or Measures for Prevention and Response to Chemical Accidents but not proposing approval or confirmation by the competent authority;

b) A fine of from VND 10,000,000 to VND 15,000,000 for the act of not establishing a Plan or Measures for Prevention and Response to Chemical Accidents in production, business, use, and storage of dangerous chemicals."

4. Supplementing Clauses 4a, 4b, 4c, 4d, and 4đ to Article 5 as follows:

"4a. A fine of from VND 5,000,000 to VND 10,000,000 for the act of using individuals such as the General Director or Deputy General Director for Technology or technical staff responsible for chemical production activities at chemical production facilities who do not meet the requirements for expertise in chemical production as prescribed.

4b. The amount of fine for violations concerning the Safety Data Sheet for chemicals as follows:

a) A fine of from VND 1,000,000 to VND 3,000,000 for the act of failing to fully record all required information in the Safety Data Sheet for dangerous chemicals as prescribed;

b) A fine of from VND 3,000,000 to VND 5,000,000 for the act of providing incorrect information about dangerous chemicals in the Safety Data Sheet;

c) A fine of from VND 5,000,000 to VND 7,000,000 for the act of using dangerous chemicals without a Safety Data Sheet and putting them into use and circulation in the market.

4c. A fine of from VND 7,000,000 to VND 10,000,000 for the act of failing to classify chemicals before putting them into use and circulation in the market as prescribed by laws on labeling and classification of chemicals.

4d. The amount of fine for the act of using individuals who have not been trained in chemical safety technology in chemical production facilities; using individuals involved in transporting dangerous industrial goods used in industrial production who have not been trained in dangerous industrial goods transportation technology as prescribed:

a) A fine of from VND 3,000,000 to VND 5,000,000 for the act of using less than 20 people;

b) A fine of from VND 5,000,000 to VND 8,000,000 for the act of using from 20 to less than 50 people;

c) A fine of from VND 8,000,000 to VND 10,000,000 for the act of using from 50 to less than 100 people;

d) A fine of from VND 10,000,000 to VND 15,000,000 for the act of using 100 or more people.

4đ. The amount of fine for violations concerning the packaging of dangerous industrial goods used in industrial production for transportation as follows:

a) A fine of from VND 10,000,000 to VND 15,000,000 for the act of not testing and inspecting the means of transport according to regulations before packaging dangerous chemicals for transportation.

b) A fine of from VND 15,000,000 to VND 20,000,000 for the act of transporting dangerous chemicals without complying with the packaging requirements set at the prescribed level.

5. Amend and supplement Clause 5, Clause 6 of Article 5 as follows:

"5. Forms of supplementary penalties:

Suspend the production, business operation, and storage of dangerous chemicals for a period of from one month to three months in cases where such acts cause safety hazards, serious consequences to human health and the environment, as stipulated in Clause 3 of this Article.

6. Measures to remedy consequences:

a) Order the implementation of professional requirements in chemical production for violations stipulated in Clause 4a of this Article;

b) Order the provision of complete and accurate information on dangerous chemicals in Safety Data Sheets; order compliance with the provisions regarding Safety Data Sheets before putting dangerous chemicals into use and circulation in the market for violations stipulated in Clause 4b of this Article;

c) Order the classification of chemicals according to the labeling and classification regulations before putting chemicals into use and circulation in the market for violations stipulated in Clause 4c of this Article;

d) Order compliance with technical safety training regulations; order technical safety training in the transportation of dangerous industrial goods for violations stipulated in Clause 4d of this Article;

đ) Order compliance with packaging regulations for the transportation of dangerous industrial goods for violations stipulated in Clause 4đ of this Article.”

6. Amending and supplementing Article 9 as follows:

Apply the provisions of Article 8 of Decree No. 185/2013/NĐ-CP dated November 15, 2013, issued by the Government, concerning administrative penalties for violations in commercial activities, production, sale of counterfeit and prohibited goods, and consumer protection, to impose penalties for violations related to the Certificate of Compliance for Conditions for Production and Business of Chemicals listed in the List of Chemicals Subject to Conditions for Production and Business.

2. The application file for investigation of emergency measures for textile products as prescribed in Article 63 of Decree No. 86/2025/NĐ-CP must also include the following specific additional contents:

Apply the provisions of Article 7 of Decree No. 185/2013/NĐ-CP to impose penalties for violations related to business activities conducted under a business license.

8. Amend and supplement Article 14 as follows:

"Article 14. Violations of regulations on the production of chemicals, insecticides, and bactericides for household and medical use

1. A fine of from VND 10,000,000 to VND 15,000,000 for failing to comply with the conditions for the production and business of chemicals, insecticides, and bactericides for household and medical use.

2. A fine of from VND 15,000,000 to VND 20,000,000 for one of the following violations in the production, repackaging, and packaging of chemicals, insecticides, and bactericides for household and medical use:

a) Chemicals and products that do not meet the registered standards and have been approved by the Ministry of Health;

b) Chemicals and products that do not match the registered origin.

3. A fine of from VND 20,000,000 to VND 30,000,000 for using chemicals and products past their expiration date in production, repackaging, and packaging.

4. A fine of from VND 30,000,000 to VND 50,000,000 for one of the following violations in the production, repackaging, and packaging of chemicals, insecticides, and bactericides for household and medical use:

a) Chemicals and products for household and medical use that have not been granted a registration certificate for circulation in Vietnam;

b) Chemicals and products for household and medical use listed in the List of Insecticides and Bactericides for Household and Medical Use Prohibited from Use in Vietnam.

5. Additional forms of punishment:

a) Revoke the registration certificate for circulation of chemicals and products involved in the violation stipulated in Clause 3 of this Article. Within six months from the date of the Decision revoking the registration certificate for circulation of the violating chemicals and products, the violator organization shall not be allowed to submit or authorize another organization or individual to submit applications for registration certificates for circulation of insecticides and bactericides for household and medical use;

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

6. Measures to remedy consequences:

a) Order the destruction or recycling of chemicals and products for household and medical use that can still be recycled for the violation stipulated in Point a of Clause 2 of this Article;

b) Order the destruction of chemicals and products for household and medical use for the violations stipulated in Clause 3 and Clause 4 of this Article;

c) 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."

9. Add Article 14a as follows:

"Article 14a. Violations of regulations on the sale of chemicals, insecticides, and bactericides for household and medical use

1. A fine of from VND 1,000,000 to VND 2,000,000 for one of the following sales acts: expired chemicals and products; chemicals and products that do not meet the registered standards and have been approved by the Ministry of Health; chemicals and products not granted a registration certificate for circulation in Vietnam with a quantity up to less than five kilograms (or liters) of finished product.

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

a) Selling expired chemicals and products; chemicals and products that do not meet the registered standards and have been approved by the Ministry of Health; chemicals and products not granted a registration certificate for circulation in Vietnam with a quantity from five kilograms (or liters) to less than twenty kilograms (or liters) of finished product;

b) Selling chemicals and products for household and medical use banned in Vietnam with a quantity up to less than three 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) Trading chemicals, insecticides, bactericides for household and medical use that have exceeded their shelf life; chemicals, preparations that do not meet registered standards and approved by the Ministry of Health; chemicals, preparations not granted a registration certificate for circulation in Vietnam with a quantity from twenty kilograms (or liters) to less than one hundred kilograms (or liters) of finished product;

b) Trading chemicals, insecticides, bactericides for household and medical use prohibited in Vietnam with a quantity from three kilograms (or liters) to less than five kilograms (or liters) of finished product;

c) Arbitrarily transferring chemicals, insecticides, bactericides for household and medical use from large packaging into smaller bottles or packages for trading;

d) The person directly selling chemicals, preparations who engages in selling and instructing on the use of insecticides, bactericides for household and medical use in violation of regulations;

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

a) Trading chemicals, insecticides, bactericides for household and medical use that have exceeded their shelf life; chemicals, preparations that do not meet registered standards and approved by the Ministry of Health; chemicals, preparations not granted a registration certificate for circulation in Vietnam with a quantity from one hundred kilograms (or liters) to less than three hundred kilograms (or liters) of finished product;

b) Trading chemicals, insecticides, bactericides for household and medical use prohibited in Vietnam with a quantity from five kilograms (or liters) to less than ten 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) Trading chemicals, insecticides, bactericides for household and medical use that have exceeded their shelf life; chemicals, preparations that do not meet registered standards and approved by the Ministry of Health; chemicals, preparations not granted a registration certificate for circulation in Vietnam with a quantity from three hundred kilograms (or liters) to less than five hundred kilograms (or liters) of finished product;

b) Trading chemicals, insecticides, bactericides for household and medical use prohibited in Vietnam with a quantity from ten kilograms (or liters) to less than twenty 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) Trading chemicals, insecticides, bactericides for household and medical use that have exceeded their shelf life; chemicals, preparations that do not meet registered standards and approved by the Ministry of Health; chemicals, preparations not granted a registration certificate for circulation in Vietnam with a quantity from five hundred kilograms (or liters) to less than one thousand kilograms (or liters) of finished product;

b) Trading chemicals, insecticides, bactericides for household and medical use prohibited in Vietnam with a quantity from twenty kilograms (or liters) to less than thirty 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) Trading chemicals, insecticides, bactericides for household and medical use that have exceeded their shelf life; chemicals, preparations that do not meet registered standards and approved by the Ministry of Health; chemicals, preparations not granted a registration certificate for circulation in Vietnam with a quantity of one thousand kilograms (or liters) of finished product or more;

b) Trading chemicals, insecticides, bactericides for household and medical use prohibited in Vietnam with a quantity from thirty kilograms (or liters) to less than fifty kilograms (or liters) of finished product;

8. Measures to remedy consequences:

a) Order the return to the manufacturer for destruction or recycling chemicals, preparations that still have the potential for recycling for chemicals, preparations that have exceeded their shelf life, do not meet published standards, technical regulations corresponding to 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) Order the destruction of chemicals, insecticides, bactericides for household and medical use that are prohibited, not listed in the List of insecticides, bactericides for household and medical use permitted and restricted for use in Vietnam, glass syringes for the offense prescribed in Point d Clause 1; Clause 2; Points a, b, d Clause 3; Clause 4, Clause 5, Clause 6, Clause 7 of this Article.”

10. Supplement Article 14b as follows:

“Article 14b. Violations concerning the use of chemicals, insecticides, bactericides for household and medical use are as follows:

1. A warning or a fine of VND 200,000 to VND 500,000 shall be imposed for the violation of using chemicals, insecticides, bactericides for household and medical use not in accordance with the usage instructions printed on the label or packaging;

2. A fine of VND 500,000 to VND 1,000,000 shall be imposed for the violation of using chemicals, insecticides, bactericides for household and medical use without a registration certificate for circulation in Vietnam or an import permit issued by the Ministry of Health;

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

a) Using chemicals, insecticides, bactericides for household and medical use prohibited in Vietnam;

b) Using chemicals, insecticides, bactericides for household and medical use not in accordance with the usage instructions printed on the packaging causing danger to people, animals, and environmental pollution;

4. Measures to remedy consequences:

a) Order the destruction of chemicals, preparations for the violation prescribed in Clause 2 and Point a Clause 3 of this Article;

b) Order the implementation of measures to remediate environmental pollution for the violation prescribed in Point b Clause 3 of this Article.”

11. Supplement Article 14c as follows:

“Article 14c. Violations concerning the transportation of chemicals, insecticides, bactericides for household and medical use

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, preparations by the transport vehicle;

b) Transporting chemicals, insecticides, and bactericides for household and medical use together with foodstuffs, beverages, medicines, and other consumer goods;

c) Transporting chemicals, insecticides, and bactericides for household and medical use on public transportation vehicles.

2. Transporting chemicals, insecticides, and bactericides for household and medical use is prohibited; if such chemicals or products do not have a registration certificate for circulation in Vietnam or an import permit from the Ministry of Health, administrative penalties shall be imposed as provided for the sale of chemicals, insecticides, and bactericides for household and medical use under Article 14a of this Decree.

12. Supplement Article 14d as follows:

"Article 14d. Violations concerning the importation of chemicals, insecticides, and bactericides for household and medical use

1. A fine of from three million to five million dong shall be imposed for importing chemicals, insecticides, and bactericides for household and medical use that do not comply with registered standards approved by the Ministry of Health.

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

a) Importing chemicals, insecticides, and bactericides for household and medical use without a registration certificate for circulation in Vietnam or an import permit from the Ministry of Health;

b) Importing chemicals, insecticides, and bactericides for household and medical use that have exceeded their shelf life; chemicals and products of unknown origin.

3. A fine of from thirty million to forty million dong shall be imposed for importing chemicals, insecticides, and bactericides for household and medical use listed in the Catalogue of Prohibited Chemicals, Insecticides, and Bactericides for Household and Medical Use in Vietnam.

4. Measures to remedy consequences:

a) Order the re-export of chemicals, insecticides, and bactericides for household and medical use for violations specified in Clause 1 of this Article;

b) Order the re-export or destruction of chemicals, insecticides, and bactericides for household and medical use for violations specified in Point a and b of Clause 2 and Clause 3 of this Article."

13. Supplement Article 14đ as follows:

"Article 14đ. Violations concerning the testing of chemicals, insecticides, and bactericides for household and medical use

1. A fine of from three million to five million dong shall be imposed for conducting tests on new chemicals, insecticides, and bactericides for household and medical use that do not comply with the testing procedures issued by the Ministry of Health.

2. A fine of from ten million to twenty million dong shall be imposed for conducting tests on chemicals, insecticides, and bactericides for household and medical use listed in the Catalogue of Prohibited Chemicals, Insecticides, and Bactericides for Household and Medical Use in Vietnam."

14. Supplement Article 14e as follows:

"Article 14e. Violations concerning labeling of chemicals, insecticides, and bactericides for household and medical use

1. A fine of from ten million to twenty million dong shall be imposed for labeling chemicals, insecticides, and bactericides for household and medical use with labels, label inserts, or accompanying documentation that do not match the registration certificate for circulation of chemicals, insecticides, and bactericides for household and medical use; or do not match the content approved during the registration review process.

2. Measures to remedy consequences:

Order the recall of chemicals, insecticides, and bactericides for household and medical use with incorrect labeling or require the correct labeling according to regulations for violations specified in Clause 1 of this Article."

15. Supplement Article 14g as follows:

"Article 14g. Violations concerning advertising of chemicals, insecticides, and bactericides for household and medical use

1. A fine of from five million to ten million dong shall be imposed for advertising chemicals, insecticides, and bactericides for household and medical use that does not conform to the advertisement confirmation certificate issued by the Ministry of Health.

2. A fine of from ten million to twenty million dong shall be imposed for advertising chemicals, insecticides, and bactericides for household and medical use without an advertisement confirmation certificate issued by the Ministry of Health.

3. Measures to remedy consequences:

Cease the advertising of chemicals, insecticides, and bactericides for household and medical use that violate the provisions of Clause 1 and Clause 2 of this Article."

16. Amend and supplement Clause 2, Clause 3 of Article 17 as follows:

"2. A fine of from twenty million to thirty million dong shall be imposed for one of the following acts:

a) Producing chemicals in Table 3, chemicals in Table 2 that do not comply with the content stated in the Production Permit for chemicals in Table 3, chemicals in Table 2;

b) Exporting, importing chemicals in Table 3, chemicals in Table 2 that do not comply with the content stated in the Export and Import Permit;

c) Transferring the Export and Import Permit for chemicals in Table 3, chemicals in Table 2 to another enterprise;

d) Exporting, importing chemicals in Table 2 with any organization or individual from a country that is not a member of the Chemical Weapons Convention;

đ) Exporting chemicals in Table 3 to organizations or individuals in a country that is not a member of the Convention without a final use certificate from the competent authority of that country.

3. A fine of from thirty million to forty million dong shall be imposed for producing chemicals in Table 3, chemicals in Table 2 without a Production Permit for chemicals in Table 3, chemicals in Table 2; exporting, importing chemicals in Table 3, chemicals in Table 2 without a permit from the competent authority.

17. Amend and supplement Point a Clause 1, Clause 2 of Article 18 as follows:

"1. A fine of from thirty million to forty million dong shall be imposed for one of the following acts:

a) Developing, producing, processing, consuming, trading, owning, storing, using prohibited toxic chemicals and their precursors, chemicals in Table 1;

2. A fine of from forty million to fifty million dong shall be imposed for one of the following acts:

a) Not reporting or inaccurately reporting production, trade, processing, consumption, storage of chemicals in Table 1 as required;

b) Not submitting notification of export or import of chemicals in Table 1 as required;

c) Failure to report on exports, imports, and domestic distribution of each chemical listed in Table 1 for the previous year as prescribed;

đ) Failure to comply with the verification of export and import data of chemicals listed in Table 1 conducted by the Organization for the Prohibition of Chemical Weapons or the Ministry of Industry and Trade in coordination with the National Authority of Vietnam;

18. Amend and supplement Article 19 as follows:

"Article 19. Violations concerning the production and processing of fertilizers, and the Fertilizer Production Permit

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

a) Stacking or placing fertilizer products together with raw materials at the fertilizer production factory;

b) Stacking or placing fertilizer products directly on the floor or ground without placing them on shelves.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of not having production regulations, operational procedures, warning signs, or safety signs at the locations of production lines, storage areas for raw materials, and finished products within the factory.

3. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for the act of not retaining samples of each batch of fertilizer products upon their release from the factory according to the prescribed sample retention period, except for natural gas, associated gas, and auxiliary raw material samples; not retaining test result records of each batch of fertilizer products that have been released from the factory.

4. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed for the act of using personnel without specialized qualifications in chemistry, physics, biology, or agriculture to produce fertilizers.

5. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of not having an agreement or contract with a testing laboratory designated by the competent authority to evaluate fertilizer quality or having an agreement or contract but not conducting pre-release quality tests before selling the fertilizer.

6. The fines for violations concerning the Fertilizer Production Permit are as follows:

a) A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of arbitrarily adding, erasing, modifying, or altering the contents of the Fertilizer Production Permit;

b) A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of not complying with the procedures for reissuing the Fertilizer Production Permit or adjusting the Fertilizer Production Permit as prescribed but still producing fertilizers;

c) A fine of VND 8,000,000 to VND 10,000,000 shall be imposed for the act of producing or processing fertilizers for other organizations without a signed contract between both parties;

d) A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of not returning the Fertilizer Production Permit as decided by the competent authority;

đ) A fine of VND 20,000,000 to VND 25,000,000 shall be imposed for the act of producing fertilizers that do not match the types specified in the Fertilizer Production Permit;

e) A fine of VND 25,000,000 to VND 30,000,000 shall be imposed for the act of producing or processing fertilizers outside the location specified in the Fertilizer Production Permit;

g) A fine of VND 35,000,000 to VND 40,000,000 shall be imposed for the act of using another individual's or organization's Fertilizer Production Permit to produce fertilizers; producing or processing fertilizers without obtaining a Fertilizer Production Permit from the competent authority;

h) A fine of VND 50,000,000 to VND 55,000,000 shall be imposed for the act of producing fertilizers when the competent authority has suspended operations or revoked the right to use the Fertilizer Production Permit.

7. Additional forms of administrative sanction:

a) Suspension of the right to use the Fertilizer Production Permit for one to three months for violations under Point a and e Clause 6 of this Article;

b) Suspension of production and processing activities for one to three months for violations under Points b, đ, and g Clause 6 of this Article.

8. Measures to remedy consequences:

Compel compliance with professional requirements in fertilizer production for violations under Clause 4 of this Article.”

19. Amend and supplement Article 20 as follows:

"Article 20. Violations concerning restricted factors in the production, processing, and trading of fertilizers

1. A fine of VND 60,000,000 to VND 70,000,000 shall be imposed for any of the following acts:

a) Producing, processing, or trading fertilizers exceeding the restricted factors as prescribed for organic fertilizers, organic-mineral fertilizers, mineral-organic fertilizers, organic-biological fertilizers, organic-living fertilizers, biological fertilizers, microbial fertilizers, foliar fertilizers, moisture-retaining fertilizers, efficiency-enhancing fertilizers, plant-immunity-enhancing fertilizers, growth-regulating fertilizers, rare-earth fertilizers, and soil-improving fertilizers;

b) Producing, processing, or trading fertilizers violating harmful factors (biuret, arsenic, cadmium, lead, mercury, free acids) as prescribed for each type of inorganic fertilizer.

2. Measures to remedy consequences:

Order the confiscation and destruction of fertilizers if they cause harm to human health, livestock, crops, and the environment for violations under Clause 1 of this Article.”

20. Amend and supplement Article 21 as follows:

"Article 21. Violations concerning the trading of fertilizers

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for stacking fertilizers together with other goods or not placing fertilizers on shelves but instead allowing them to come into direct contact with the floor or ground at the trading location.

2. For violations concerning the trading of fertilizers that have been suspended from production or consumption, the penalties are as follows:

a) A warning or a fine of VND 100,000 to VND 300,000 shall be imposed for cases where the value of the fertilizer is less than VND 1,000,000;

b) A fine of VND 300,000 to VND 500,000 shall be imposed for cases where the value of the fertilizer is from VND 1,000,000 to less than VND 2,000,000;

c) A fine of VND 500,000 to VND 1,000,000 shall be imposed for cases where the value of the fertilizer is from VND 2,000,000 to less than VND 3,000,000;

d) A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for cases where the value of the fertilizer is from VND 3,000,000 to less than VND 5,000,000;

đ) A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for cases where the value of the fertilizer is from VND 5,000,000 to less than VND 10,000,000;

e) A fine of VND 3,000,000 to VND 4,000,000 shall be imposed for cases where the value of the fertilizer is from VND 10,000,000 to less than VND 20,000,000;

g) A fine of from VND 4,000,000 to VND 5,000,000 for fertilizer with a value from VND 20,000,000 to less than VND 30,000,000;

h) A fine of from VND 5,000,000 to VND 7,000,000 for fertilizer with a value from VND 30,000,000 to less than VND 40,000,000;

i) A fine of from VND 7,000,000 to VND 10,000,000 for fertilizer with a value from VND 40,000,000 to less than VND 50,000,000;

k) A fine of from VND 10,000,000 to VND 13,000,000 for fertilizer with a value from VND 50,000,000 to less than VND 70,000,000;

l) A fine of from VND 13,000,000 to VND 15,000,000 for fertilizer with a value from VND 70,000,000 to less than VND 100,000,000;

m) A fine of from VND 15,000,000 to VND 20,000,000 for fertilizer with a value of VND 100,000,000 or more.

3. Measures to remedy consequences:

a) Order the recall of fertilizer that has been suspended from production and sale;

b) Order the destruction of fertilizer suspended from production and sale containing heavy metal content, harmful microorganisms, and other toxic substances exceeding prescribed levels as provided for in Clause 2 of this Article.”

21. Amend and supplement Article 23 as follows:

"Article 23. Violations concerning the importation of fertilizer

1. A fine of from VND 3,000,000 to VND 5,000,000 for arbitrarily adding, erasing, altering, or changing the content of the Import Permit for fertilizer in any of the following cases: For testing purposes; exclusively for sports fields, entertainment areas; exclusively for foreign-invested companies for internal production use; fertilizer used in foreign projects in Vietnam, as gifts, samples; fertilizer participating in trade fairs, exhibitions; for scientific research; in the Automatic Import Permit for certain types of fertilizer.

2. Additional forms of punishment:

Suspension of the right to use the Import Permit for fertilizer for a period of from one to three months for violations as provided for in Clause 1 of this Article."

22. Amend and supplement Article 24 as follows:

"Article 24. Violations concerning sampling of fertilizer; analysis and testing of fertilizer quality

1. A fine of from VND 5,000,000 to VND 10,000,000 for any of the following violations concerning sampling of fertilizer for conformity assessment certification or for state management, including for administrative violation handling:

a) Conducting sampling of fertilizer without or before obtaining a training certificate for fertilizer sampling;

b) Not applying the sampling method according to national technical regulations or national standards on fertilizer sampling;

c) Not applying the analysis or testing method according to national technical regulations or international standards or enterprise standards announced by the manufacturer or importer for application.

2. A fine of from VND 10,000,000 to VND 15,000,000 for failing to announce the sampling method, analysis or testing method as required or failing to announce the sampling method, analysis method for enterprise standards for fertilizer types without technical regulations or national standards.

3. The amount of fine for violations concerning conformity assessment certification and testing of fertilizer:

a) A fine of from VND 40,000,000 to VND 50,000,000 for conducting analysis or testing of fertilizer quality without being recognized or designated by the competent authority;

b) A fine of from VND 30,000,000 to VND 40,000,000 for conducting analysis or testing of fertilizer quality for fertilizer types outside the designated scope.

4. Additional forms of administrative punishment:

Suspension of the right to use the registration certificate for business activities or designation decision for a period of from one to three months for violations as provided for in Clause 3 of this Article;

5. Measures to remedy consequences:

Order the cancellation of sampling results, analysis, or testing results of fertilizer quality for violations as provided for in Clause 1 of this Article.”

23. Amend and supplement Article 25 as follows:

"Article 25. Violations concerning fertilizer trials

1. A fine of from VND 5,000,000 to VND 10,000,000 for any of the following violations concerning fertilizer trials or retention of trial records:

a) Not sending the approved trial outline to the local authority where the trial takes place for verification of compliance with trial procedures;

b) Not retaining trial records in accordance with regulations.

2. A fine of from VND 10,000,000 to VND 15,000,000 for any of the following actions:

a) Providing results that differ from the actual trial results;

b) Not conducting trials or conducting trials not in accordance with regulations but still issuing trial results or decisions to allow fertilizer production or import.

3. A fine of from VND 15,000,000 to VND 20,000,000 for any of the following violations concerning conditions for conducting fertilizer trials:

a) Not meeting human resource requirements as stipulated but still conducting trials and announcing trial results despite lacking the necessary qualifications;

b) Conducting trials and announcing trial results despite lacking the function or mandate for fertilizer trials or research in the establishment decision issued by the competent authority;

c) Conducting trials and announcing trial results despite lacking a Fertilizer Production Permit (for fertilizer producers) as required.

4. Measures to remedy consequences:

Order the cancellation of trial results for violations as provided for in Subpoint b Clause 2 and Clause 3 of this Article.”

24. Amending and supplementing Article 38 as follows:

"Article 38. Authority to impose penalties of the Chairman of the People's Committee

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

a) To issue warnings;

b) A fine up to VND 5,000,000 in the field of chemicals, fertilizers, industrial explosives;

c) Confiscation of objects, means used for committing administrative violations with a value not exceeding the fine amount specified in Subpoint b of this Clause;

d) Application of remedial measures provided for in Points a, b, c, and d of Clause 1 of 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) A fine up to VND 25,000,000 in the field of chemicals; up to VND 50,000,000 in the field of fertilizers, industrial explosives;

c) Suspend operations for a specified period or revoke the right to use the License or Certificate in the field of chemicals, fertilizers, and industrial explosives for the duration prescribed in Clause 1, Article 3 of this Decree;

d) Confiscate objects and means used to commit administrative violations with a value not exceeding the amount of fine stipulated in Point b of this Clause;

đ) Apply remedial measures provided for in Points a, b, c, đ, e, h, i of Clause 1, Article 28 of the Law on Handling Administrative Violations and Clause 2, Article 3 of this Decree.

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

a) To issue warnings;

b) Impose a fine up to 50,000,000 VND in the field of chemicals; impose a fine up to 50,000,000 VND in the field of fertilizers and industrial explosives;

c) Suspend operations for a specified period or revoke the right to use the License or Certificate in the field of chemicals, fertilizers, and industrial explosives for the duration prescribed in Clause 1, Article 3 of this Decree;

d) Confiscate objects and means used to commit administrative violations;

đ) Apply remedial measures provided for in Points a, b, c, đ, e, g, h, i of Clause 1, Article 28 of the Law on Handling Administrative Violations and Clause 2, Article 3 of this Decree.”

25. Amend and supplement Article 39 as follows:

“Article 39. Competence to impose fines of the Inspection Agency

1. Inspectors, persons assigned to perform specialized inspection tasks in the fields of chemicals, fertilizers, and industrial explosives while performing their duties have the authority:

a) To issue warnings;

b) To impose a fine up to 500,000 VND in the field of chemicals, fertilizers, and industrial explosives;

c) To confiscate objects and means used to commit administrative violations with a value not exceeding the amount of fine stipulated in Point b of this Clause;

d) To apply remedial measures provided for in Points a, c, and đ of Clause 1, Article 28 of the Law on Handling Administrative Violations.

2. Heads of Provincial Departments of Agriculture and Rural Development, Heads of Food Safety Control Agencies, Heads of Crop Production and Plant Protection Agencies, Heads of Livestock and Veterinary Agencies, Heads of Fisheries Agencies, Heads of Quality Management Agencies for Forestry, Agricultural, and Aquatic Products, and equivalent positions assigned by the Government to perform specialized inspection functions have the authority:

a) To issue warnings;

b) To impose a fine up to 25,000,000 VND in the field of chemicals; up to 50,000,000 VND in the field of fertilizers and industrial explosives;

c) Suspend operations for a specified period or revoke the right to use the License or Certificate in the field of chemicals, fertilizers, and industrial explosives for the duration prescribed in Clause 1, Article 3 of this Decree;

d) To confiscate objects and means used to commit administrative violations with a value not exceeding the amount of fine stipulated in Point b of this Clause;

đ) To apply remedial measures provided for in Points a, b, c, đ, e, g, h, i of Clause 1, Article 28 of the Law on Handling Administrative Violations and Clause 2, Article 3 of this Decree.

3. Heads of provincial-level specialized inspection teams, heads of specialized inspection teams of state management agencies assigned to perform specialized inspection functions have the authority to impose fines according to the provisions of Clause 2 of this Article.

4. Heads of central-level specialized inspection teams have the authority:

a) To issue warnings;

b) To impose a fine up to 35,000,000 VND for violations in the field of chemicals; up to 70,000,000 VND for violations in the field of fertilizers and industrial explosives;

c) Suspend operations for a specified period or revoke the right to use the License or Certificate in the field of chemicals, fertilizers, and industrial explosives for the duration prescribed in Clause 1, Article 3 of this Decree;

d) To confiscate objects and means used to commit administrative violations with a value not exceeding the amount of fine stipulated in Point b of this Clause;

đ) To apply remedial measures provided for in Points a, b, c, đ, e, g, h, i of Clause 1, Article 28 of the Law on Handling Administrative Violations and Clause 2, Article 3 of this Decree.

5. Heads of Inspection Agencies, Ministries, General Departments of Standardization, Measurement, and Quality Control, General Departments of Fisheries, General Departments of Environment, Chemicals Departments, Departments of Industrial Safety and Environmental Technology, Departments of Animal Health, Departments of Plant Protection, Departments of Crop Production, Departments of Livestock Breeding, Departments of Quality Management for Forestry, Agricultural, and Aquatic Products, Departments of Processing, Trade in Forestry, Agricultural, and Aquatic Products and Salt Industry, Departments of Pharmaceutical Administration, Departments of Environmental Health Administration, Departments of Preventive Medicine, Departments of Food Safety, and equivalent positions assigned by the Government to perform specialized inspection functions have the authority:

a) To issue warnings;

b) To impose a fine up to 50,000,000 VND for violations in the field of chemicals; up to 100,000,000 VND for violations in the field of fertilizers and industrial explosives;

c) Suspend operations for a specified period or revoke the right to use the License or Certificate in the field of chemicals, fertilizers, and industrial explosives for the duration prescribed in Clause 1, Article 3 of this Decree;

d) Confiscate objects and means used to commit administrative violations;

đ) Apply remedial measures provided for in Points a, b, c, đ, e, g, h, i of Clause 1, Article 28 of the Law on Handling Administrative Violations and Clause 2, Article 3 of this Decree.”

26. Amend and supplement Article 40 as follows:

“Article 40. Competence of the People's Public Security

1. People's Public Security soldiers performing their duties have the right to:

a) To issue warnings;

b) To impose a fine up to 500,000 VND for violations in the field of chemicals, fertilizers, and industrial explosives.

2. Chiefs of public security stations, chiefs of public security teams while performing their duties have the authority:

a) To issue warnings;

b) To impose a fine up to 1,500,000 VND for violations in the field of chemicals, fertilizers, and industrial explosives.

3. Chiefs of public security stations at commune level, chiefs of public security posts, and chiefs of public security checkpoints at border gates and export processing zones have the authority to:

a) To issue warnings;

b) To impose a fine up to 2,500,000 VND for violations in the field of chemicals, fertilizers, and industrial explosives;

c) To confiscate objects and means used to commit administrative violations with a value not exceeding the amount of fine stipulated in Point b of this Clause;

d) To apply remedial measures provided for in Points a, c, and đ of Clause 1, Article 28 of the Law on Handling Administrative Violations.

4. Chiefs of county-level public security agencies; chiefs of departments under the Traffic Police Corps, chiefs of departments under the Waterway Police Corps; chiefs of provincial-level public security departments including chiefs of departments responsible for administrative management of social order, chiefs of departments responsible for public order, chiefs of departments responsible for investigating crimes related to social order, chiefs of departments responsible for investigating economic management-related crimes and official position-related crimes, chiefs of departments responsible for investigating drug-related crimes, chiefs of departments responsible for traffic police, chiefs of departments responsible for waterway police, chiefs of departments responsible for preventing and combating environmental crimes, chiefs of departments responsible for internal political security, chiefs of departments responsible for economic security, chiefs of departments responsible for cultural and ideological security, chiefs of departments responsible for information security have the authority:

a) To issue warnings;

b) To impose a fine up to 10,000,000 VND for violations in the field of chemicals; up to 20,000,000 VND for violations in the field of fertilizers and industrial explosives;

c) Suspend operations for a specified period or revoke the right to use the License or Certificate in the field of chemicals, fertilizers, and industrial explosives for the duration prescribed in Clause 1, Article 3 of this Decree;

d) Confiscate objects and means used to commit administrative violations with a value not exceeding the amount of fine stipulated in Point b of this Clause;

đ) To apply remedial measures provided for in Points a, c, đ of Clause 1, Article 28 of the Law on Handling Administrative Violations and Clause 2, Article 3 of this Decree.

5. Chiefs of provincial-level public security agencies, chiefs of provincial-level fire prevention and firefighting departments have the authority:

a) To issue warnings;

b) To impose a fine up to 25,000,000 VND for violations in the field of chemicals; up to 50,000,000 VND for violations in the field of fertilizers and industrial explosives;

c) Suspend operations for a specified period or revoke the right to use the License or Certificate in the field of chemicals, fertilizers, and industrial explosives for the duration prescribed in Clause 1, Article 3 of this Decree;

d) Confiscate objects and means used to commit administrative violations with a value not exceeding the amount of fine stipulated in Point b of this Clause;

đ) To apply remedial measures provided for in Points a, c, đ, i of Clause 1, Article 28 of the Law on Handling Administrative Violations and Clause 2, Article 3 of this Decree.

6. The Director of the Political Security Bureau, the Director of the Economic Security Bureau, the Director of the Cultural and Ideological Security Bureau, the Director of the Information Security Bureau, the Director of the Administrative Management Police Bureau for Social Order, the Director of the Social Order Crime Investigation Bureau, the Director of the Economic Management and Official Position Crime Investigation Bureau, the Director of the Drug Crime Investigation Bureau, the Director of the Road Traffic Police Bureau, the Director of the Railway Traffic Police Bureau, the Director of the Waterway Police Bureau, the Director of the Environmental Crime Prevention Bureau, the Director of the High-Tech Crime Prevention Bureau have the right to:

a) To issue warnings;

b) To impose a fine up to 50,000,000 VND for violations in the field of chemicals; up to 100,000,000 VND for violations in the field of fertilizers and industrial explosives;

c) Suspend operations for a specified period or revoke the right to use the License or Certificate in the field of chemicals, fertilizers, and industrial explosives for the duration prescribed in Clause 1, Article 3 of this Decree;

d) Confiscate objects and means used to commit administrative violations;

d) Apply the measures to remedy consequences prescribed in Points a, c, đ, i Clause 1 Article 28 of the Law on Handling Administrative Violations and Clause 2 Article 3 of this Decree.

27. Supplement Article 40 as follows:

"Article 40a. Authority of Customs

1. Customs officials performing official duties have the right to:

a) To issue warnings;

b) To impose a fine up to 500,000 VND for violations in the field of chemicals, fertilizers, and industrial explosives.

2. The Team Leader of the Customs Sub-department, the Team Leader of the Post-Customs Inspection Sub-department have the right to:

a) To issue warnings;

b) Impose a fine up to VND 5,000,000 for violations in the chemical, fertilizer, and industrial explosives sectors.

3. The Director of the Customs Sub-department, the Director of the Post-Customs Inspection Sub-department, the Team Leader of the Control Team under the Provincial Customs Department, inter-provincial, centrally-administered city, the Team Leader of the Anti-Smuggling Control Team, the Team Leader of the Customs Procedures Team, the Squadron Leader of the Sea Control Squadron, and the Team Leader of the Intellectual Property Protection Control Team under the General Department of Customs Investigation have the right to:

a) To issue warnings;

b) Impose a fine up to VND 25,000,000 for violations in the chemical, fertilizer, and industrial explosives sectors;

c) To confiscate objects and means used to commit administrative violations with a value not exceeding the amount of fine stipulated in Point b of this Clause;

d) Apply the measures to remedy consequences prescribed in Points d, đ, g, i Clause 1 Article 28 of the Law on Handling Administrative Violations and Clause 2 Article 3 of this Decree.

4. The Director of the Anti-Smuggling Investigation Department, the Director of the Post-Customs Inspection Department under the General Department of Customs, the Director of the Provincial Customs Department, inter-provincial, centrally-administered city have the right to:

a) To issue warnings;

b) Impose a fine up to VND 50,000,000 for violations in the chemical, fertilizer, and industrial explosives sectors;

c) Suspend operations for a specified period or revoke the right to use the License or Certificate in the field of chemicals, fertilizers, and industrial explosives for the duration prescribed in Clause 1, Article 3 of this Decree;

d) Confiscate objects and means used to commit administrative violations with a value not exceeding the amount of fine stipulated in Point b of this Clause;

đ) Apply the measures to remedy consequences prescribed in Points d, đ, g, i Clause 1 Article 28 of the Law on Handling Administrative Violations and Clause 2 Article 3 of this Decree.

5. Chiefs of the General Department of Customs have the authority to:

a) To issue warnings;

b) To impose a fine up to 50,000,000 VND for violations in the field of chemicals; up to 100,000,000 VND for violations in the field of fertilizers and industrial explosives;

c) Confiscate the objects and means used to commit administrative violations;

d) Apply the measures to remedy consequences prescribed in Points d, đ, g, i Clause 1 Article 28 of the Law on Handling Administrative Violations and Clause 2 Article 3 of this Decree."

28. Supplement Article 40b as follows:

"Article 40b. Authority of Market Management

1. Market inspectors performing their duties have the right to:

a) To issue warnings;

b) Impose a fine up to VND 500,000 for violations in the chemical, fertilizer, and industrial explosives sectors.

2. The Head of the Market Management Team has the right to:

a) To issue warnings;

b) Impose a fine up to VND 25,000,000 for violations in the chemical, fertilizer, and industrial explosives sectors;

c) To confiscate objects and means used to commit administrative violations with a value not exceeding the amount of fine stipulated in Point b of this Clause;

d) Apply the measures to remedy consequences prescribed in Points a, đ, e, g, h, i Clause 1 Article 28 of the Law on Handling Administrative Violations and Clause 2 Article 3 of this Decree.

3. The Director of the Market Management Sub-department under the Department of Industry and Trade, the Head of the Anti-Smuggling Department, the Head of the Counterfeit Goods Department, the Head of the Quality Control Department under the Market Management Department have the right to:

a) To issue warnings;

b) Impose a fine up to VND 50,000,000 for violations in the chemical, fertilizer, and industrial explosives sectors;

c) To confiscate objects and means used to commit administrative violations with a value not exceeding the amount of fine stipulated in Point b of this Clause;

d) Suspend operations for a limited time or revoke the right to use Licenses, Certificates in the chemical, fertilizer, and industrial explosives sectors for a limited time as prescribed in Clause 1 Article 3 of this Decree;

đ) Apply the measures to remedy consequences prescribed in Points a, c, d, đ, e, g, h, i Clause 1 Article 28 of the Law on Handling Administrative Violations and Clause 2 Article 3 of this Decree.

4. The Director of the Market Management Department has the right to:

a) To issue warnings;

b) Impose a fine up to VND 50,000,000 in the chemical sector; impose a fine up to VND 100,000,000 in the fertilizer and industrial explosives sectors;

c) Confiscate the objects and means used to commit administrative violations;

d) Suspend operations for a limited time or revoke the right to use Licenses, Certificates in the chemical, fertilizer, and industrial explosives sectors for a limited time as prescribed in Clause 1 Article 3 of this Decree;

đ) Apply the measures to remedy consequences prescribed in Points a, c, d, đ, e, g, h, i Clause 1 Article 28 of the Law on Handling Administrative Violations and Clause 2 Article 3 of this Decree."

29. Supplement Article 40c as follows:

"Article 40c. Authority to impose fines of the Border Guard

1. Border Guard soldiers performing their duties have the right to:

a) To issue warnings;

b) Impose a fine up to VND 500,000 for violations in the chemical, fertilizer, and industrial explosives sectors.

2. The Station Commander, the Team Leader of the person prescribed in Clause 1 of this Article have the right to:

a) To issue warnings;

b) Impose a fine up to VND 2,500,000 for violations in the chemical, fertilizer, and industrial explosives sectors.

3. The Head of a Border Guard Post, the Commander of a Border Guard Squadron, the Commander of a Border Guard District, and the Commander of a Border Gate Port Border Guard shall have the authority:

a) To issue warnings;

b) To impose a fine up to 10,000,000 VND for violations in the field of chemicals; up to 20,000,000 VND for violations in the field of fertilizers and industrial explosives;

c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;

d) Apply the measures to remedy consequences prescribed in Points a, c, đ Clause 1 Article 28 of the Law on Handling Administrative Violations and Clause 2 Article 3 of this Decree.

4. The Commander of the Provincial Border Guard, and the Commander of the Coast Guard Squadron subordinate to the Border Guard Command shall have the following powers:

a) To issue warnings;

b) To impose a fine up to 50,000,000 VND for violations in the field of chemicals; up to 100,000,000 VND for violations in the field of fertilizers and industrial explosives;

c) Suspend operations for a specified period or revoke the right to use the License or Certificate in the field of chemicals, fertilizers, and industrial explosives for the duration prescribed in Clause 1, Article 3 of this Decree;

d) Confiscate contraband and means of administrative violation;

d) Apply the measures to remedy consequences prescribed in Points a, c, đ, i Clause 1 Article 28 of the Law on Handling Administrative Violations and Clause 2 Article 3 of this Decree.

30. Supplement Article 40d as follows:

"Article 40d. Authority of Coast Guard

1. Coast Guard officers performing their duties have the right to:

a) To issue warnings;

b) Impose a fine up to VND 1,500,000 for violations in the chemical, fertilizer, and industrial explosives sectors.

3. The Team Leader of the Coast Guard Professional Team has the right to:

a) To issue warnings;

b) Impose a fine up to VND 5,000,000 for violations in the chemical, fertilizer, and industrial explosives sectors.

3. The Head of the Maritime Police Operational Team, the Head of the Maritime Police Station have the right to:

a) To issue warnings;

b) Impose a fine up to VND 10,000,000 for violations in the chemical, fertilizer, and industrial explosives sectors;

c) Apply the measures to remedy consequences prescribed in Points a, c and đ Clause 1 Article 28 of the Law on Handling Administrative Violations.

4. The maritime squadron commander have the right to:

a) To issue warnings;

b) Impose a fine up to VND 10,000,000 for violations in the chemical sector; impose a fine up to VND 25,000,000 for violations in the fertilizer and industrial explosives sectors;

c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;

d) Apply the measures to remedy consequences prescribed in Points a, c, d, đ Clause 1 Article 28 of the Law on Handling Administrative Violations and Clause 2 Article 3 of this Decree.

5. Chiefs of coast guard fleets have the authority to:

a) To issue warnings;

b) Impose a fine up to VND 15,000,000 for violations in the chemical sector; impose a fine up to VND 50,000,000 for violations in the chemical, fertilizer, and industrial explosives sectors;

c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;

d) Apply the measures to remedy consequences prescribed in Points a, c, d, đ Clause 1 Article 28 of the Law on Handling Administrative Violations and Clause 2 Article 3 of this Decree.

6. Commanders of Coast Guard Zones have the right:

a) To issue warnings;

b) Impose a fine up to VND 25,000,000 in the chemical sector; impose a fine up to VND 50,000,000 in the fertilizer and industrial explosives sectors;

c) Confiscate the objects and means of administrative violations with a value not exceeding the fine amount prescribed in Point b of this Clause;

d) Apply the measures to remedy consequences prescribed in Points a, c, d, đ Clause 1 Article 28 of the Law on Handling Administrative Violations and Clause 2 Article 3 of this Decree.

7. Commanders of the Coast Guard Command have the authority to:

a) To issue warnings;

b) To impose a fine up to 50,000,000 VND for violations in the field of chemicals; up to 100,000,000 VND for violations in the field of fertilizers and industrial explosives;

c) Suspend operations for a specified period or revoke the right to use the License or Certificate in the field of chemicals, fertilizers, and industrial explosives for the duration prescribed in Clause 1, Article 3 of this Decree;

d) Confiscate contraband and means of administrative violation;

đ) Apply the measures to remedy consequences prescribed in Points a, b, c, d, đ Clause 1 Article 28 of the Law on Handling Administrative Violations and Clause 2 Article 3 of this Decree."

31. Supplement Article 40đ as follows:

"Article 40đ. Division of authority between the People's Public Security, Customs, Specialized Inspectors, Coast Guard, and Border Guard

1. Persons with authority from the People's Public Security agency have the power to impose administrative penalties and apply measures to remedy consequences for administrative violations stipulated in this Decree according to the powers prescribed in Article 40 of this Decree and their assigned functions, tasks, and authorities.

2. Persons with authority from the Customs agency have the power to impose administrative penalties and apply measures to remedy consequences for administrative violations related to export, import, and services associated with the export and import of chemicals, fertilizers, and industrial explosives as stipulated in Point a Clause 2 Article 12; Points a, b, d, đ Clause 2 and Clause 3 Article 17; Points b, c, d, đ Clause 1 Article 18; Article 23; Clause 4, Point a Clause 6 Article 35 of this Decree according to the powers prescribed in Article 40a of this Decree and their assigned functions, tasks, and authorities.

3. Persons with authority from the Inspectorate have the power to impose administrative penalties and apply measures to remedy consequences for administrative violations stipulated in this Decree according to the powers prescribed in Article 39 of this Decree and their assigned functions, tasks, and authorities.

4. Persons with authority from the Border Guard force have the power to impose administrative penalties and apply measures to remedy consequences for administrative violations in the field of chemicals, fertilizers, and industrial explosives stipulated in Article 40c of this Decree within their assigned functions and tasks.

5. Persons with authority from the Coast Guard have the power to impose administrative penalties and apply measures to remedy consequences for administrative violations in the field of chemicals, fertilizers, and industrial explosives stipulated in Article 40d of this Decree within their assigned functions and tasks.”

Article 2. Abolish existing provisions

Abolish the provisions at Article 22, Article 26, Article 27, and Article 28 of Decree No. 163/2013/NĐ-CP.

Article 3. Effectiveness

This Decree takes effect from September 15, 2016.

Article 4. Responsibilities for Implementation

1. The Minister of Industry and Trade, the Minister of Agriculture and Rural Development, and the Minister of Health shall be responsible for monitoring and implementing this Decree.

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