Decree No. 119/2013/ND-CP on administrative penalties for violations in the field of veterinary medicine, livestock breeds, and animal feed.

DECREE

Regulations on administrative penalties for violations in the veterinary field, livestock breeds, and animal feed,

The Government issues a Decree regulating administrative penalties for violations in the veterinary field, livestock breeds, and animal feed,i

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

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

Based on the Fisheries Law dated November 26, 2003;

Pursuant to the Veterinary Law dated April 29, 2004;

Pursuant to the Livestock Breed Law dated March 24, 2004;

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

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

||| This Decree stipulates acts of administrative violation, forms of penalty, fines, measures to remedy consequences, authority to impose penalties, and authority to issue administrative violation reports in the veterinary field, livestock breeds, and animal feed (including aquaculture breeds, aquaculture feed, products for environmental treatment and improvement in animal husbandry and aquaculture),

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violation, forms of penalty, fines, measures to remedy consequences, authority to impose penalties, and authority to issue administrative violation reports in the veterinary field, livestock breeds, and animal feed (including aquaculture breeds, aquaculture feed, products for environmental treatment and improvement in animal husbandry and aquaculture),

2. Acts of administrative violation in the veterinary field, livestock breeds, and animal feed as prescribed in this Decree include:

a) Acts violating regulations on disease prevention, treatment, and control; quarantine of animals and animal products; slaughterhouse inspection, preliminary processing, and processing of animal products; veterinary hygiene inspection; management of veterinary drugs, biological preparations, microorganisms, chemicals used in veterinary medicine; products for environmental treatment and improvement in animal husbandry and aquaculture; veterinary practice;

b) Acts violating regulations on management and conservation of livestock genetic resources, testing of new livestock breeds; production, business, export, import of livestock breeds; quality management of livestock breeds;

c) Acts violating regulations on production, processing of animal feed; business, use of animal feed; export, import of animal feed; testing of animal feed.

3. Other acts of administrative violation related to the veterinary field, livestock breeds, and animal feed not specified in this Decree shall be applied according to the following Decrees:

a) Acts violating regulations on prohibited goods trading; trading in smuggled goods; trading in counterfeit goods; counterfeit labels, packaging; expired or origin unknown goods shall be applied according to the Decree on administrative penalties for violations in the commercial sector, production, sale of fake and prohibited goods, and consumer protection;

b) Acts violating regulations on product labeling; standard announcement; conformity declaration; compliance declaration shall be applied according to the Decree on administrative penalties for violations in the standards, measurement, and product quality sector;

c) Acts violating advertising regulations shall be applied according to the Decree on administrative penalties for violations in cultural, sports, tourism, and advertising activities;

d) Acts violating regulations on re-export of animals and animal products; cargo handling; transportation of animals and animal products not in accordance with the route shall be applied according to the Decree on administrative penalties and enforcement of administrative penalty decisions in the customs sector;

đ) Acts violating food safety regulations shall be applied according to the Decree on administrative penalties for violations in the food safety sector;

e) Acts violating regulations on resisting public officials shall be applied according to the Decree on administrative penalties for violations in the security, social order, public safety sector; prevention of social evils; prevention and firefighting; prevention of domestic violence.

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

This Decree applies to organizations and individuals committing administrative violations related to the veterinary field, livestock breeds, and animal feed.

Article 3. Forms of penalty and measures to remedy consequences

1. For each act of administrative violation in the veterinary field, livestock breeds, and animal feed, organizations and individuals must bear one of the main forms of penalty, which is warning or fine.

2. Depending on the nature and degree of violation, organizations and individuals committing such violations may also be subject to one or more supplementary forms of penalty as follows:

a) Revocation of the right to use licenses, certificates of practice, or suspension of operations for a certain period;

b) Confiscation of objects, means of transport involved in administrative violations in the veterinary field, livestock breeds, and animal feed.

3. In addition to the remedial measures prescribed in Points a, b, c, d, đ, e, g, h, i Clause 1 Article 28 of the Law on Handling Administrative Violations, individuals and organizations committing administrative violations may also be subject to one or more of the following remedial measures:

a) Compelling the transportation of animals and animal products according to the guidance of competent authorities;

b) Compelling the implementation of quarantine or re-quarantine of animals and animal products;

c) Compelling the destruction of diseased animals and infectious animal products;

d) Compelling the change of purpose of use of livestock breeds; animals and animal products; substandard animal feed according to published standards or corresponding technical regulations;

đ) Compelling the implementation of veterinary hygiene inspections on animal products without stamps, slaughter marks, or veterinary hygiene seals;

e) Compelling the compulsory slaughter of terrestrial animals infected with dangerous infectious diseases; compelling the preliminary processing and processing of aquatic animals infected with diseases;

g) Compelling the implementation of veterinary hygiene measures for animals and animal products that do not meet veterinary hygiene requirements;

h) Compelling animal husbandry facilities to continue raising animals that have been fed banned substances until they pass tests showing no residual banned substances before being sold or slaughtered;

i) Compelling the re-testing of animal feed that was tested incorrectly or not in accordance with the prescribed procedures;

k) Compelling the recycling of substandard veterinary drugs and animal feed according to published standards or corresponding technical regulations;

l) Compelling the relocation of animal husbandry and aquaculture facilities to locations according to the planning of competent state agencies;

m) Compelling the recovery of altered, tampered, or counterfeit documents.

Article 4. Provisions on the maximum fine amount and penalty authority for individuals and organizations

1. The maximum fine amount in the veterinary and animal breeding sector for individuals who violate is 50,000,000 VND, and for organizations that violate is 100,000,000 VND.

2. The maximum fine amount in the livestock feed sector for individuals who violate is 100,000,000 VND, and for organizations that violate is 200,000,000 VND.

3. The fine amounts specified in Chapter II, Chapter III, and Chapter IV of this Decree apply to individuals. The fine amount for organizations is twice the fine amount for individuals.

4. The authority to impose fines for the positions specified in Chapter V of this Decree applies to a single administrative violation committed by an individual. In cases of fines, the authority to impose fines on organizations is twice the authority to impose fines on individuals.

Chapter II

ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES, AND REMEDIAL MEASURES FOR THE CONSEQUENCES IN THE VETERINARY SECTOR

Section 1

VIOLATIONS REGARDING DISEASE PREVENTION, TREATMENT, AND CONTROL IN ANIMALS

Article 5. Violations regarding disease prevention and treatment in terrestrial animals

1. Warning or a fine from 300,000 VND to 500,000 VND shall be imposed on pet owners who commit any of the following violations:

a) Not implementing vaccination or other mandatory preventive measures for animals to prevent diseases listed in the Catalogue of Diseases Requiring Mandatory Preventive Measures;

b) Not complying with the requirement to collect samples for testing and disease detection;

c) Not complying with mandatory vaccination or other mandatory preventive measures in areas previously affected by disease outbreaks or currently threatened by disease outbreaks.

2. Warning or a fine from 400,000 VND to 600,000 VND shall be imposed on pet owners who fail to report suspected dangerous infectious diseases or the discovery of multiple sick or dead animals of unknown cause to veterinary staff at the commune level or local veterinary authorities.

3. Warning or a fine from 500,000 VND to 1,000,000 VND shall be imposed on pet owners who commit any of the following violations:

a) Intentionally using veterinary drugs not included in the Catalogue of Permitted Veterinary Drugs in Vietnam to prevent or treat animal diseases;

b) Disposing of carcasses of infected animals in unauthorized locations.

4. A fine from 1,000,000 VND to 1,500,000 VND shall be imposed on those who intentionally alter, falsify, sell, rent, or borrow vaccination certificates for livestock and poultry.

5. A fine from 1,500,000 VND to 2,000,000 VND shall be imposed on centralized livestock farms, ranches, production facilities, and commercial establishments dealing in livestock and poultry breeding stock that commit any of the following violations:

a) Not complying with regular sampling and testing for diseases at production and trading facilities;

b) Not isolating animals before introducing them into centralized livestock farms;

c) Introducing new animals during periods when livestock farming has been temporarily suspended by authorized agencies;

d) Raising livestock and poultry in concentrated settings, hatching chicken eggs, or trading livestock and poultry at locations not in accordance with planning or without permission from authorized agencies.

6. A fine from 2,000,000 VND to 3,000,000 VND shall be imposed on pet owners who engage in the sale of diseased breeding stock.

7. A fine from 5,000,000 VND to 7,000,000 VND shall be imposed on those who use veterinary drugs listed in the Catalogue of Prohibited Veterinary Drugs to prevent or treat animal diseases.

8. Measures to remedy consequences:

a) Forced destruction of animal carcasses; remediation of environmental pollution caused by the violation stipulated in Point b Clause 3 Article 5 herein;

b) Forced revocation of vaccination certificates for the violation stipulated in Clause 4 Article 5 herein;

c) Forced relocation of livestock farms to planned locations for the violation stipulated in Point d Clause 5 Article 5 herein;

d) Forced destruction of veterinary drugs and breeding stock for the violation stipulated in Point a Clause 3, Clause 6, Clause 7 Article 5 herein.

Article 6. Violations concerning the prevention and control of terrestrial animal diseases

1. A fine of from VND 1,000,000 to VND 1,500,000 shall be imposed on the owner of animals who commit any of the following violations:

a) Failing to isolate animals suffering from or suspected of having a disease during an outbreak period;

b) Grazing diseased animals in communal grazing areas;

c) Failing to implement hygiene measures, disinfection, and decontamination of animal housing and the environment; failing to properly dispose of carcasses and waste of diseased animals in the affected area;

d) Failing to comply with the use of vaccines or other mandatory preventive and control measures in the affected area.

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

a) Removing feed, livestock equipment, or animal waste that can spread disease out of the affected area;

b) Transporting diseased animals that must be compulsorily slaughtered or destroyed to slaughterhouses or destruction sites not in accordance with veterinary guidance;

c) Slaughtering, circulating, buying, or selling animals or animal products that are prone to infection in the affected area without following veterinary guidance.

3. A fine of from VND 3,000,000 to VND 4,000,000 shall be imposed on any of the following violations:

a) Moving animals or animal products that are prone to infection from an area under threat of disease to buffer zones or safe areas without a quarantine certificate;

b) Transporting animals that are prone to infection through the affected area without permission from the provincial People's Committee where the disease has been declared;

c) Intentionally stopping transportation vehicles or releasing animals into areas where disease has been declared while only permitted to pass through;

d) Failing to disinfect or decontaminate transportation vehicles, animal products, animal waste, feed, or other items related to animals after passing through the affected area;

đ) Using transportation vehicles for compulsory slaughter that do not meet veterinary hygiene conditions;

e) Slaughtering, handling, or disposing of diseased animals, suspected diseased animals, or animal products carrying pathogens listed in the Catalogue of Notifiable Diseases without following veterinary guidance.

4. A fine of from VND 5,000,000 to VND 6,000,000 shall be imposed on any of the following violations:

a) Transporting or trading animals or animal products infected with disease in threatened areas or buffer zones;

b) Transporting diseased animals or animal products carrying pathogens listed in the Catalogue of Notifiable Diseases out of the declared affected area or out of areas where movement has been restricted;

c) Raising or selling animals infected with dangerous infectious diseases when the competent veterinary authority has ordered compulsory slaughter or destruction.

5. Measures to remedy consequences:

Compulsory destruction of animals, animal products, feed, and animal waste shall be imposed for violations stipulated in Point a and Point c Clause 2, Point a and Point c Clause 3, and Clause 4 of this Article.

Article 7. Violations concerning the prevention and control of aquatic animal diseases

1. A warning or a fine of from VND 300,000 to VND 500,000 shall be imposed for failing to implement mandatory disease prevention measures for aquatic animals.

2. A warning or a fine of from VND 400,000 to VND 600,000 shall be imposed on the owner of breeding facilities who commit any of the following violations:

a) Failing to comply with sampling for testing, diagnosing diseases, and veterinary hygiene inspections at commercial breeding facilities or breeding and trading facilities for aquatic animal breeds;

b) Failing to report to local veterinary authorities when aquatic animals are found to be sick or dying in large numbers without a clear cause.

3. A warning or a fine of from VND 500,000 to VND 1,000,000 shall be imposed on the owner of breeding facilities who commit any of the following violations:

a) Intentionally using veterinary drugs not included in the list of veterinary drugs permitted for circulation in Vietnam to prevent or treat diseases in aquatic animals;

b) Failing to properly manage the environment when a disease occurs, not in accordance with veterinary guidance.

4. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed on the owner of breeding facilities who use veterinary drugs listed in the catalogue of prohibited veterinary drugs to prevent or treat diseases in aquatic animals.

5. Measures to remedy consequences:

Compulsory destruction of veterinary drugs shall be imposed for violations stipulated in Point a Clause 3 and Clause 4 of this Article.

Section 2

VIOLATIONS CONCERNING QUARANTINE OF ANIMALS AND ANIMAL PRODUCTS,

CONTROL OF SLAUGHTERHOUSES, AND VETERINARY HYGIENE INSPECTIONS

Article 8. Violations concerning animal quarantine procedures and animal products

1. A warning or a fine from 300,000 VND to 500,000 VND shall be imposed for any of the following violations in declaring quarantine information inaccurately:

a) Quantity, weight, species of animals, animal products;

b) Origin of animals, animal products, purpose of use, destination address;

c) Disease prevention results, animal testing results, animal product testing results.

2. A warning or a fine from 500,000 VND to 700,000 VND shall be imposed for the violation of failing to declare quarantine when transporting within the country animals, animal products listed in the Catalogue of Animals and Animal Products Subject to Quarantine.

3. A fine from 1,000,000 VND to 1,500,000 VND shall be imposed for the violation of failing to declare quarantine when exporting, importing, temporarily importing for re-exporting, temporarily exporting for re-importing, transiting, or transshipping through Vietnam's territory animals, animal products listed in the Catalogue of Animals and Animal Products Subject to Quarantine.

Article 9. Violations concerning terrestrial animal quarantine and circulation within the country

1. A fine from 1,000,000 VND to 1,500,000 VND shall be imposed on the owner of animals, animal products for any of the following violations:

a) Failing to carry out sanitation, disinfection, and sterilization at the place where animals, animal products, and transportation means are concentrated before and after quarantine;

b) Evading animal quarantine at traffic checkpoints along the route.

2. A fine from 1,500,000 VND to 2,000,000 VND shall be imposed for any of the following violations:

a) Trading animals, animal products for purposes other than those stated on the quarantine certificate;

b) Transporting animals, animal products not in accordance with the mandatory route when passing through disease-infected areas.

3. A fine from 2,000,000 VND to 3,000,000 VND shall be imposed for any of the following violations:

a) Substituting or altering the quantity of animals, animal products already certified with quarantine certificates with unquarantined animals, animal products;

b) Transporting, trading animals, animal products not in accordance with the species, quantity stated in the quarantine certificate;

c) Removing seals from transportation means carrying animals, animal products or changing identification codes of animals during transportation.

4. A fine from 3,000,000 VND to 4,000,000 VND shall be imposed for the violation of transporting, trading animals, animal products listed in the Catalogue of Animals and Animal Products Subject to Quarantine without a quarantine certificate.

5. Measures to remedy consequences:

a) Compelling the transportation of animals, animal products according to the guidance of the competent state agency for the violation stipulated in Point b Clause 2 of this Article;

b) Compelling the performance of quarantine or re-quarantine for the violations stipulated in Point a and Point b Clause 3, Clause 4 of this Article;

c) Compelling the destruction of animals, animal products for the violation stipulated in Clause 4 of this Article in cases where re-quarantine detects animals suffering from diseases, animal products carrying infectious pathogens listed in the Catalogue of Diseases Required to Be Declared.

Article 10. Violations concerning animal quarantine and aquatic animal products circulating within the country

1. A fine of from VND 3,000,000 to VND 4,000,000 shall be imposed for any of the following violations:

a) Transporting aquatic animal breeding stock out of the breeding stock production and business facility without a health certificate;

b) Transporting aquatic animal breeding stock exceeding 10% in quantity or not matching the size specified on the health certificate.

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

a) Not conducting quarantine on commercial aquatic animals or aquatic animal products before transporting them out of the district when there is a disease outbreak announcement in that district;

b) Transporting diseased aquatic animals out of the locality without prior treatment or processing as directed by the competent authority.

3. Measures to remedy consequences:

a) Order the implementation of aquatic animal breeding stock quarantine for violations stipulated in Clause 1 of this Article;

b) Order the destruction or preliminary processing and processing of aquatic animals for violations stipulated in Clause 2 of this Article.

Article 11. Violations concerning import quarantine, temporary import for re-export, temporary export for re-import, transfer of customs checkpoints, and transit through the territory of Vietnam of animals and animal products

1. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed for any of the following violations:

a) Importing animals or animal products carried by persons or sent via postal services that do not match the declared species, quantity, weight, or are in fresh or partially processed form;

b) Failing to report the time of crossing the border when importing, temporarily importing for re-export, temporarily exporting for re-import, transferring customs checkpoints, or transiting through the territory of Vietnam of animals or animal products;

c) Failing to declare to the animal quarantine agency at the exit checkpoint to monitor the re-export of the shipment out of the territory of Vietnam.

2. A fine of from VND 3,000,000 to VND 4,000,000 shall be imposed for the violation of importing, temporarily importing for re-export, temporarily exporting for re-import, transferring customs checkpoints, or transiting through the territory of Vietnam of animals or animal products with an invalid quarantine certificate.

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

a) Importing, temporarily importing for re-export, temporarily exporting for re-import, transferring customs checkpoints, or transiting through the territory of Vietnam of animals or animal products through the wrong checkpoint;

b) Importing, temporarily importing for re-export, temporarily exporting for re-import, transferring customs checkpoints, or transiting through the territory of Vietnam of animals or animal products that do not match the species listed on the health certificate;

c) Failing to notify the authorized veterinary authority to monitor the quarantine isolation after the animals or animal products have been transported to the quarantine isolation location;

d) Transporting imported animals or animal products for quarantine isolation to a location not approved or returning to the quarantine location with insufficient quantities of animals or animal products as stated in the quarantine certificate;

đ) Failing to comply with the quarantine isolation monitoring period and using or selling imported animals or animal products before the end of the quarantine period;

4. A fine of from VND 5,000,000 to VND 6,000,000 shall be imposed on any of the following violations:

a) Allowing imported animals still within the quarantine isolation period or temporarily imported for re-export, transferred customs checkpoints, or transiting animals to come into contact with domestic animals on the territory of Vietnam;

b) Failing to comply with the sanitary measures for animals or animal products imported, temporarily imported for re-export, temporarily exported for re-import, transferred customs checkpoints, or transiting through the territory of Vietnam that do not meet sanitary standards;

c) Failing to comply with the sanitary measures for carcasses, waste, bedding, leftover food of people and animals, packaging materials of animal products, and other waste during transportation;

d) Receiving or sending samples of diseased material that are not properly packaged or preserved, causing a risk of spreading pathogens or environmental pollution.

5. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for the violation of improperly disposing of carcasses, waste, leftover food, garbage, or other items related to imported shipments, temporarily imported for re-export, temporarily exported for re-import, transferred customs checkpoints, or transiting through the territory of Vietnam in locations not designated by the veterinary authority.

6. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for the violation of importing, temporarily importing for re-export, temporarily exporting for re-import, transferring customs checkpoints, or transiting through the territory of Vietnam of diseased animals or animal products carrying dangerous infectious pathogens, residues of harmful substances, or microbial contamination exceeding permissible limits, or contaminants not conforming to national technical standards for animal hygiene.

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

a) Importing animals or animal products without a health certificate issued by the competent authority of the exporting country;

b) Failing to comply with the sanitary measures decided by the state authority for animals or animal products infected with pathogens listed in the Dangerous Animal Diseases List or the Disease Announcement List.

8. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for the violation of bringing into the territory of Vietnam disease samples and pathogenic agents for animals without undergoing quarantine or without the written consent of the competent state management authority.

9. Remedial measures:

a) Order the re-export or destruction of animals or animal products for violations stipulated in Point b Clause 3 of this Article;

b) Order the re-export, destruction, or compulsory slaughter of diseased animals or animal products carrying dangerous infectious pathogens, residues of harmful substances for violations stipulated in Clause 6 of this Article;

c) Order thermal processing to change the purpose of use to feed raw material for animal husbandry for animal products contaminated with microorganisms exceeding permissible limits; order sanitary processing of animal products contaminated with contaminants for violations stipulated in Clause 6 of this Article;

d) Order the re-export or destruction of animals, animal products, carcasses, or animal waste for violations stipulated in Point d Clause 4, Point a Clause 7, and Clause 8 of this Article.

Article 12. Violations concerning the use of animal health certificates and animal products

1. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for the act of renting or borrowing an animal health certificate or animal product certificate.

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

a) Intentionally erasing, altering the content recorded in an animal health certificate or animal product certificate;

b) Using one animal health certificate or animal product certificate for multiple consignments.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of using a fake animal health certificate or animal product certificate.

4. Measures to remedy consequences:

The relevant animal health certificates and animal product certificates shall be compulsorily recalled for violations stipulated in Clause 2 and Clause 3 of this Article.

Article 13. Violations concerning the control of animal slaughter, preliminary processing, and processing of terrestrial animal products for business purposes

1. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed for any of the following violations:

a) Slaughtering animals at locations not permitted by competent state authorities;

b) Slaughtering, preliminary processing, and processing of animals and animal products without ensuring veterinary hygiene conditions regarding facilities, equipment, tools, water usage, and participants;

c) Not registering to implement slaughter control with the veterinary authority.

2. A fine shall be imposed for the act of violating animal slaughter, preliminary processing, and processing of animal products according to the following penalty levels:

a) A fine of VND 3,000,000 to VND 4,000,000 shall be imposed for the act of failing to conduct pre-slaughter animal hygiene; failing to clean, disinfect, and decontaminate the slaughter site, preliminary processing site, and animal holding area; failing to dispose of bedding material and waste during transportation and after each batch of animals for slaughter and preliminary processing;

b) A fine of VND 4,000,000 to VND 5,000,000 shall be imposed for the act of failing to separate diseased, suspected diseased, infected, or suspected infected animals for slaughter later or failing to comply with the slaughter control officer's requirements to isolate and mark non-compliant products;

c) A fine of VND 5,000,000 to VND 6,000,000 shall be imposed for the act of intentionally injecting water or other substances into animals before and after slaughter;

d) A fine of VND 6,000,000 to VND 7,000,000 shall be imposed for the act of introducing dead animals, diseased animals, or disposing of dead animals, diseased animals without prior inspection and handling by the veterinary authority;

đ) A fine of VND 7,000,000 to VND 8,000,000 shall be imposed for the act of failing to properly handle animals and animal products that do not meet veterinary hygiene standards;

e) A fine of VND 8,000,000 to VND 9,000,000 shall be imposed for the act of slaughtering animals that have been vaccinated but less than 15 days have passed since vaccination;

g) A fine of VND 9,000,000 to VND 10,000,000 shall be imposed for the act of slaughtering, preliminary processing, and processing of diseased, suspected diseased, infected, or suspected infected animals that are prohibited from being slaughtered or processed;

h) A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of slaughtering, preliminary processing, and processing of animal products containing prohibited substances in livestock farming.

3. Additional forms of punishment:

Suspension of the operation of the slaughterhouse for one to three months for violations stipulated in Point g and Point h of Clause 2 of this Article;

4. Measures to remedy consequences:

a) Compulsory destruction of animals and animal products for violations stipulated in Point d, Point g, and Point h of Clause 2 of this Article;

b) Compulsory implementation of veterinary hygiene treatment for animals and animal products for violations stipulated in Point đ of Clause 2 of this Article;

c) Compulsory conversion of the purpose of use of animal products for livestock feed for violations stipulated in Point c and Point e of Clause 2 of this Article.

Article 14. Violations of veterinary hygiene in the business of animals and animal products

1. A fine of from 60% to 70% of the value of the violating animal products but not exceeding 50,000,000 VND for one of the following violations:

a) Trading poultry meat, poultry products without slaughter inspection marks, packaging, and veterinary hygiene labels at supermarkets, stores, specialized markets;

b) Trading livestock meat, livestock products without slaughter inspection marks and veterinary hygiene labels.

2. A fine of from 80% to 90% of the value of the violating animal products but not exceeding 50,000,000 VND for the violation of trading animal products that do not meet veterinary hygiene standards.

3. A fine of from 1,000,000 VND to 1,500,000 VND for the violation of failing to comply with veterinary hygiene conditions for places storing and trading animals and animal products.

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

a) Displaying and containing equipment for animal products that do not meet veterinary hygiene conditions;

b) Trading livestock or poultry meat that has been injected with water or other substances.

5. A fine of from 100% to 150% of the value of the violating animal products but not exceeding 50,000,000 VND for the violation of trading terrestrial animals that are diseased, have died from disease, or their products before being inspected and approved by authorized veterinary authorities for consumption.

6. A fine of from 10,000,000 VND to 15,000,000 VND for one of the following violations:

a) Trading animals that are sick and listed in the List of Diseases Requiring Disease Outbreak Announcements;

b) Trading live products of animals that were compulsorily slaughtered;

c) Trading products of animals carrying dangerous infectious pathogens.

7. Measures to remedy consequences:

a) Order to conduct veterinary hygiene inspections on animal products that are not stamped, roller-stamped, or labeled with veterinary hygiene labels for the violation stipulated in Clause 1 of this Article;

b) Order to convert the purpose of use to animal feed for the violation stipulated in Clause 2, Point b, Clause 4 of this Article;

c) Order to destroy animals and animal products for the violation stipulated in Clause 5, Clause 6 of this Article.

Article 15. Violations concerning veterinary hygiene conditions

1. Warning or a fine of from 300,000 VND to 500,000 VND for the violation of raising animals where the pens, breeding equipment, and breeding locations do not meet veterinary hygiene conditions.

2. A fine of from 1,000,000 VND to 1,500,000 VND for the violation of transporting animals by means that do not ensure veterinary hygiene conditions regarding space for confinement, lack of wastewater and waste storage areas during transportation; transporting fresh animal products by non-specialized vehicles or lacking sufficient preservation conditions during transportation.

3. A fine of from 1,500,000 VND to 2,000,000 VND for the violation of concentrating, loading, collecting, buying, and selling animals and animal products in locations that do not meet veterinary hygiene conditions.

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

a) Animal breeding facilities; production and trading of animal breeds that do not meet veterinary hygiene conditions;

b) Testing, trial, and experimental facilities; animal disease testing and diagnosis facilities; animal surgery facilities that do not meet veterinary hygiene conditions.

5. A fine of from 3,000,000 VND to 4,000,000 VND for the violation at centralized animal breeding facilities; chicken egg incubation facilities; animal slaughtering, preliminary processing, manufacturing, and trading of animal products facilities; concentrated breeding and farming of commercial aquatic species facilities without a certificate of compliance with veterinary hygiene conditions.

6. A fine of from 4,000,000 VND to 5,000,000 VND for the violation of having a production permit but not ensuring veterinary hygiene conditions for drug production facilities.

7. A fine of from 6,000,000 VND to 8,000,000 VND for the violation of producing veterinary drugs; environmental treatment and improvement products in animal husbandry and aquaculture without a production permit or a verification report of compliance with production conditions.

8. Additional forms of punishment:

Suspension of operations of the facility for from one month to three months for the violation stipulated in Clause 5, Clause 7 of this Article.

Section 3

VIOLATIONS OF ANIMAL DRUG MANAGEMENT; BIOLOGICAL PREPARATIONS, MICROORGANISMS, CHEMICALS USED IN VETERINARY PRACTICE;

ENVIRONMENTAL TREATMENT AND IMPROVEMENT PRODUCTS IN ANIMAL HUSBANDRY AND AQUACULTURE; VETERINARY PROFESSION

Article 16. Violations concerning the production, processing, division of veterinary drugs, biological preparations, microorganisms, chemicals used in veterinary medicine (hereinafter referred to as veterinary drugs); products for treating and improving the environment in livestock breeding and aquaculture.

1. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed for any of the following violations:

a) Not having production lot records;

b) Not conducting quality control checks on raw materials, semi-finished products, finished veterinary drugs; products for treating and improving the environment in livestock breeding and aquaculture during the production process;

c) Producing veterinary drugs; products for treating and improving the environment in livestock breeding and aquaculture without notifying the competent state authority when changing components, formulas, dosage forms, routes of administration compared to the registration dossier;

d) The production facility does not have specialized staff to check the quality of veterinary drugs; products for treating and improving the environment in livestock breeding and aquaculture or technical supervisors;

đ) Not retaining samples of veterinary drugs; products for treating and improving the environment in livestock breeding and aquaculture.

2. A fine of 70% to 80% of the value of the batch of products in violation but not exceeding 50,000,000 VND for the act of producing each type of veterinary drug; products for treating and improving the environment in livestock breeding and aquaculture:

a) Containing drug content outside the permitted limit compared to the content stated on the label published or registered by the manufacturer and approved by the competent authority;

b) Having net weight, actual volume outside the permitted limit compared to the weight, volume stated on the label published or registered by the manufacturer and approved by the competent authority.

3. A fine of 80% to 90% of the value of the batch of products in violation but not exceeding 50,000,000 VND for the act of producing each type of veterinary drug; products for treating and improving the environment in livestock breeding and aquaculture:

a) Not meeting quality standards with changes in appearance such as clumping, turbidity, color change, sedimentation, layering, deformation;

b) Veterinary vaccines failing to meet one of the three sterility, safety, efficacy standards.

4. A fine of 8,000,000 VND to 10,000,000 VND for the act of producing each type of veterinary drug; products for treating and improving the environment in livestock breeding and aquaculture using raw materials of unknown origin.

5. A fine of 10,000,000 VND to 15,000,000 VND for the act of producing each type of veterinary drug; products for treating and improving the environment in livestock breeding and aquaculture not listed in the permitted circulation directory in Vietnam or not approved by the competent authority.

6. A fine of 20,000,000 VND to 30,000,000 VND for the act of producing each type of veterinary drug; products for treating and improving the environment in livestock breeding and aquaculture containing prohibited substances in the list of prohibited substances for use in Vietnam.

7. A fine of 30,000,000 VND to 40,000,000 VND for the act of producing each type of product of veterinary drugs; products for treating and improving the environment in livestock breeding and aquaculture containing prohibited microorganisms for use in Vietnam;

8. Additional forms of punishment:

Suspension of the right to use the veterinary practice certificate for one to three months for violations stipulated in Clause 6 and Clause 7 of this Article.

9. Remedial measures:

a) Order the recall and recycling of veterinary drugs, products for treating and improving the environment in livestock breeding and aquaculture for violations stipulated in Clause 2 of this Article;

b) Order the recall and destruction of veterinary drugs, vaccines, products for treating and improving the environment in livestock breeding and aquaculture for violations stipulated in Clause 3, Clause 4, Clause 5, Clause 6 and Clause 7 of this Article.

Article 17. Violations related to the business of veterinary drugs, raw materials for veterinary drugs, biological preparations, microorganisms, chemicals used in veterinary medicine (hereinafter referred to as veterinary drugs); products for treating and improving the environment in animal husbandry and aquaculture

1. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed on the violation of conducting business with veterinary drugs, raw materials for veterinary drugs; products for treating and improving the environment in animal husbandry and aquaculture without meeting the conditions regarding location, storage facilities, and preservation equipment.

2. A fine of VND 3,000,000 to VND 4,000,000 shall be imposed on one of the following violations:

a) Conducting business with veterinary drugs without a certificate of business qualification.

b) Conducting business with veterinary drugs; products for treating and improving the environment in animal husbandry and aquaculture together with plant protection chemicals, human medicines, foodstuffs.

c) Conducting business with veterinary drugs, products for treating and improving the environment in animal husbandry and aquaculture without notifying the competent state agency when changing location.

3. A fine of VND 5,000,000 to VND 6,000,000 shall be imposed on one of the violations of conducting business with each type of veterinary drug; products for treating and improving the environment in animal husbandry and aquaculture:

a) Containing drug content outside the permitted limit compared to the content stated on the label published or registered by the manufacturer and approved by the competent authority;

b) Having net weight, actual volume outside the permitted limit compared to the weight, volume stated on the label published or registered by the manufacturer and approved by the competent authority.

4. A fine of VND 7,000,000 to VND 8,000,000 shall be imposed on one of the violations of conducting business with each type of veterinary drug; products for treating and improving the environment in animal husbandry and aquaculture:

a) Not meeting quality standards, showing changes in form such as clumping, turbidity, color change, sedimentation, layering, deformation.

b) Veterinary vaccines failing to meet one of the three sterility, safety, efficacy standards.

5. A fine of VND 8,000,000 to VND 9,000,000 shall be imposed on the violation of conducting business with each type of veterinary drug; products for treating and improving the environment in animal husbandry and aquaculture not included in the List of Permitted Circulation in Vietnam or not yet approved by the competent authority.

6. A fine of VND 9,000,000 to VND 10,000,000 shall be imposed on the violation of conducting business with each type of veterinary drug; products for treating and improving the environment in animal husbandry and aquaculture containing prohibited active substances listed in the Prohibited Use List in Vietnam.

7. Additional forms of administrative sanction:

Suspension of the right to use the veterinary practice certificate from one month to three months for the violation stipulated in Clause 6 of this Article.

8. Measures to remedy consequences:

a) Compulsory recall and recycling of veterinary drugs, products for treating and improving the environment in animal husbandry and aquaculture for the violation stipulated in Clause 3 of this Article.

b) Compulsory recall and destruction of veterinary drugs, vaccines, products for treating and improving the environment in animal husbandry and aquaculture for the violations stipulated in Clauses 4, 5, and 6 of this Article.

Article 18. Violations related to the import of veterinary drugs, raw materials for veterinary drugs, biological preparations, microorganisms, chemicals used in veterinary medicine (hereinafter referred to as veterinary drugs); products for treating and improving the environment in animal husbandry and aquaculture

1. A fine of VND 4,000,000 to VND 5,000,000 shall be imposed on one of the following violations:

a) Importing veterinary drugs without a certificate of circulation in Vietnam; raw materials for veterinary drugs without permission from the competent authority or importing products for treating and improving the environment in animal husbandry and aquaculture not included in the List of Permitted Circulation in Vietnam or without approval from the competent state agency.

b) Importing raw materials for veterinary drugs not in accordance with the types already approved by the competent authority.

2. A fine of VND 5,000,000 to VND 6,000,000 shall be imposed on the violation of failing to comply with the quality inspection of veterinary drugs, raw materials for veterinary drugs; products for treating and improving the environment in animal husbandry and aquaculture conducted by the competent state agency.

3. A fine of 80% to 90% of the value of the consignment but not exceeding VND 50,000,000 shall be imposed on the violation of importing veterinary drugs, raw materials for veterinary drugs; products for treating and improving the environment in animal husbandry and aquaculture that do not meet quality standards.

4. Measures to remedy consequences:

a) Compulsory re-export of veterinary drugs, raw materials for veterinary drugs; products for treating and improving the environment in animal husbandry and aquaculture for the violations stipulated in Clause 1 and Clause 3 of this Article if the violation is detected at the border gate.

b) Compulsory recall and destruction of veterinary drugs, raw materials for veterinary drugs; products for treating and improving the environment in animal husbandry and aquaculture for the violations stipulated in Clause 1 and Clause 3 of this Article in cases where re-export is not possible.

Article 19. Violations concerning permits, certificates, test reports in the veterinary field; products for environmental treatment in animal husbandry and aquaculture

1. A fine of from VND 3,000,000 to VND 4,000,000 shall be imposed on the act of renting or borrowing any of the following types of documents for production, business, testing, or testing purposes:

a) Veterinary drug trial permit or veterinary drug testing certificate; products for environmental treatment in animal husbandry and aquaculture;

b) Certificate of circulation for veterinary drugs; certificate of circulation for products for environmental treatment in animal husbandry and aquaculture;

c) Import permit for veterinary drugs, raw materials for veterinary drugs; products for environmental treatment in animal husbandry and aquaculture issued by competent state agencies;

d) Quality test report issued by competent state agencies.

2. A fine of from VND 4,000,000 to VND 5,000,000 shall be imposed on the intentional act of erasing, altering, or falsifying the contents recorded in any of the following types of documents:

a) Veterinary drug trial permit or veterinary drug testing certificate; products for environmental treatment in animal husbandry and aquaculture;

b) Certificate of circulation for veterinary drugs; certificate of circulation for products for environmental treatment in animal husbandry and aquaculture;

c) Import permit for veterinary drugs, raw materials for veterinary drugs; products for environmental treatment in animal husbandry and aquaculture issued by competent state agencies;

d) Quality test report issued by competent state agencies.

3. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on the act of using fake documents as specified in Clause 1 of this Article.

4. Measures to remedy consequences:

The relevant documents shall be compulsorily recalled for violations stipulated in Clauses 2 and 3 of this Article.

Article 20. Violations concerning veterinary practice

1. A warning or a fine of from VND 300,000 to VND 500,000 shall be imposed on any of the following acts of violation regarding veterinary service practice such as animal vaccination, diagnosis, surgery, prescription writing, treatment, care, health consultation (hereinafter referred to collectively as veterinary service practice):

a) Practicing outside the scope of profession or specialty indicated in the professional certificate;

b) Failing to comply with regular or emergency reporting requirements when there is an outbreak, as required by the veterinary authority;

c) Failing to participate in disease prevention and control activities for animals as required by local authorities or the veterinary authority during an outbreak;

d) Practicing without adequate equipment or with equipment that does not meet veterinary hygiene standards.

2. A fine of from VND 500,000 to VND 1,000,000 shall be imposed on the act of renting or borrowing a professional certificate for veterinary service practice.

3. A fine of from VND 1,000,000 to VND 1,500,000 shall be imposed on any of the following acts of violation regarding veterinary service practice:

a) Using veterinary drugs not included in the list of permitted circulation in Vietnam when practicing;

b) Using raw materials for veterinary drugs to treat or prevent diseases in animals without compliance with regulations when practicing.

4. A fine of from VND 1,500,000 to VND 2,000,000 shall be imposed on any of the following acts of violation regarding veterinary service practice:

a) Treating animals suffering from prohibited diseases or infectious diseases that must be destroyed or compulsorily slaughtered;

b) Treating animals in epidemic areas or places where animals suffer from infectious diseases without following the guidance of the veterinary authority;

c) Using banned veterinary drugs or raw materials for veterinary drugs when practicing.

5. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed on the act of using an expired professional certificate.

6. A fine of from VND 3,000,000 to VND 4,000,000 shall be imposed on the act of erasing, altering the contents of a professional certificate.

7. A fine of from VND 4,000,000 to VND 5,000,000 shall be imposed on any of the following acts of violation regarding the production, business, testing, trial, research, export, or import of veterinary drugs as follows:

a) Practicing outside the scope of profession or specialty indicated in the professional certificate;

b) Practicing outside the location indicated in the professional certificate.

8. A fine of from VND 3,000,000 to VND 4,000,000 shall be imposed on the act of violation by practitioners as stipulated in Clause 1 of this Article; a fine of from VND 4,000,000 to VND 5,000,000 shall be imposed on the act of violation by practitioners as stipulated in Clause 7 of this Article if they do not have a professional certificate.

9. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on the act of using a fake professional certificate for practice.

10. Measures to address consequences:

a) Compulsory recall of the professional certificate for violations stipulated in Clause 6 and Clause 9 of this Article.

b) Compulsory destruction of veterinary drugs or raw materials for veterinary drugs for violations stipulated in Point a of Clause 3 and Point c of Clause 4 of this Article;

c) Compulsory destruction of animals for violations stipulated in Point a of Clause 4 of this Article.

Chapter III

ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES, AND REMEDIAL MEASURES FOR CONSEQUENCES IN THE FIELD OF ANIMAL BREEDING SEEDS

Article 21. Violations concerning management and conservation of livestock genetic resources in protected areas

1. A fine of from 10,000,000 VND to 15,000,000 VND for the violation of exploiting or using animal genetic resources in protected areas beyond the limits permitted by competent state authorities.

2. A fine of from 20,000,000 VND to 25,000,000 VND for the violation of exploiting or using animal genetic resources in protected areas without permission from competent state authorities.

3. A fine of from 25,000,000 VND to 30,000,000 VND for the violation of destroying animal genetic resources in protected areas.

4. Additional forms of administrative punishment:

Seize the objects and means used in violations stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

Article 22. Violations concerning exploitation and conservation of rare livestock genetic resources

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on acts of exploiting or using rare and precious animal genetic resources beyond the limits permitted by competent authorities.

2. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed on acts of violating national technical standards concerning the exploitation or use of rare and precious genetic resources.

4. Impose a fine of from VND 10,000,000 to VND 15,000,000 for acts of violating the destruction of rare livestock genetic resources.

4. Additional forms of administrative punishment:

Seize the objects used in violations stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

Article 23. Violations concerning international exchange of rare livestock genetic resources

1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on acts of exchanging rare and precious animal genetic resources internationally not in accordance with the content permitted by state authorities.

2. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on acts of exchanging rare and precious animal genetic resources internationally without permission from state authorities.

3. Additional forms of punishment:

Seize the objects used in violations stipulated in Clause 1 and Clause 2 of this Article.

Article 24. Violations concerning testing and certification of new livestock breeds

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on acts of conducting tests and certifications without adequate technical facilities or technical staff.

2. Impose a fine of from VND 10,000,000 to VND 15,000,000 for acts of violating the implementation of testing and certification not in accordance with the procedures, contents, or outlines approved by competent state authorities.

3. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on acts of publishing test and certification results that are not truthful.

4. Additional forms of administrative punishment:

Suspend the operation of the testing and certification facility for from one to three months for acts of violating the provisions stipulated in Clause 3 of this Article.

5. Measures to remedy consequences:

Order the correction of the testing and certification results for acts of violating the provisions stipulated in Clause 3 of this Article.

Article 25. Violations concerning production and business of livestock breeds

1. Impose a fine of from VND 1,000,000 to VND 3,000,000 for acts of violating the production and business of livestock breeds that do not meet one of the conditions regarding infrastructure and technical equipment as prescribed.

2. Impose a fine of from VND 3,000,000 to VND 5,000,000 for acts of violating the production and business of livestock breeds without records or without recording the breeding process.

3. Impose a fine of from VND 5,000,000 to VND 10,000,000 for acts of violating the production and business of purebred, inbred, grandparent, and nucleus breeds without technical staff.

4. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on acts of producing and trading livestock breeds that have not been recognized through testing.

5. Impose a fine of from VND 40,000,000 to VND 50,000,000 for acts of violating the production and business of livestock breeds not listed in the permitted livestock breed directory or without permission from competent state authorities.

6. Additional forms of punishment:

Suspend the production and business activities for from one to three months for acts of violating the provisions stipulated in Clause 4 and Clause 5 of this Article.

7. Measures to remedy consequences:

Order the destruction or slaughter of livestock breeds for acts of violating the provisions stipulated in Clause 5 of this Article.

Article 26. Violations concerning production and business of semen, embryos, eggs, and larvae

1. Impose a fine of from VND 2,000,000 to VND 3,000,000 for acts of violating the production and business of semen, embryos, eggs, and larvae without record books.

2. Impose a fine of from VND 3,000,000 to VND 5,000,000 for acts of violating the production and business of semen, embryos, and eggs (excluding poultry eggs, silkworm eggs, and aquaculture seeds) and larvae without technical personnel holding certificates or diplomas in artificial insemination and embryo transfer techniques.

3. Impose a fine of from VND 6,000,000 to VND 8,000,000 for acts of violating the production and business of semen, embryos, eggs, and larvae that do not meet one of the conditions regarding infrastructure and technical equipment as prescribed.

4. Impose a fine of from VND 10,000,000 to VND 15,000,000 for one of the following violations:

a) Producing semen from livestock and poultry breeding stock that have not been individually tested for productivity.

b) Harvesting eggs and larvae not from purebred herds, unrelated herds, nucleus herds, grandparent herds, or parent herds, except when harvesting in nature.

5. Measures to remedy consequences:

Order the destruction of semen, eggs, and larvae for acts of violating the provisions stipulated in Clause 4 of this Article.

Article 27. Violations concerning the importation of livestock breeds

1. A fine of from ten million to fifteen million Vietnamese dong shall be imposed for the violation of importing animal seeds that do not match the declared seed grade or type.

2. A fine of from 40,000,000 VND to 50,000,000 VND shall be imposed for the act of importing livestock breeds not listed in the Catalogue of Permitted Livestock Breeds and Aquatic Animal Breeds for Production and Business in Vietnam or without the permission of the competent state agency.

3. Measures to remedy consequences

Order the re-export or slaughter, preliminary processing, processing, or destruction of the livestock breeds and aquatic animal breeds for the acts violating the provisions of Clause 1 and Clause 2 of this Article.

Article 28. Violations concerning the quality of livestock breeds in business activities

1. A fine of from three million to five million Vietnamese dong shall be imposed for each violation of economic and technical standards lower than the announced standard for a batch with a value under fifty million Vietnamese dong.

2. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed for each violation of economic and technical standards lower than the announced standard for a consignment valued at 50,000,000 VND or more.

3. Measures to remedy consequences:

Order the change of purpose and non-use as breeding stock for the acts violating the provisions of Clause 1 and Clause 2 of this Article.

Article 29. Other violations in the field of production and business of aquatic animal breeds

1. A fine of from three million to four million Vietnamese dong shall be imposed for each of the following violations:

a) Rearing aquatic animal seeds without technical staff or with technical staff without appropriate training certificates;

b) Transporting seeds that have not reached the commercial size out of the facility without documentation proving they are being transported for rearing aquatic animal seeds.

2. A fine of from five million to six million Vietnamese dong shall be imposed for each of the following violations:

a) Violating the regulations on the number of times of reproduction or the usage period or the permitted time for introducing into reproduction of main parent aquatic animal seeds;

b) Not conducting disease testing before allowing main parent aquatic animal seeds to reproduce.

3. A fine of from ten million to fifteen million Vietnamese dong shall be imposed for each of the following violations:

a) Allowing main parent aquatic animal seeds to reproduce or producing and trading in main parent aquatic animal seeds without technical staff with relevant qualifications or appropriate certificates;

b) Not conducting quality inspection of imported aquatic animal seeds.

4. A fine of from thirty million to forty million Vietnamese dong shall be imposed for each of the following violations:

a) The location of production and trade of aquatic animal seeds is not within the local planning area or has not been approved by competent state agencies;

b) Using main parent aquatic animal seeds that do not meet quality requirements.

5. Measures to remedy consequences:

a) Order the destruction or change of purpose and non-use as breeding stock for the acts violating the provisions of Point b Clause 4 of this Article;

b) Order the relocation of the aquatic animal breeding production facility to the location specified in the regulations for the acts violating the provisions of Point a Clause 4 of this Article.

Article 30. Violations concerning certificates, permits, and licenses for livestock breeds

b) Renting or borrowing the use of professional certificates for animal seeds.

2. A fine of from three million to four million Vietnamese dong shall be imposed for one of the following intentional violations of altering or tampering with the contents of the following documents:

a) Professional certificates for animal seeds;

b) Export and import permits for animal seeds;

c) Decisions on the designation of trials and inspections of animal seeds.

The violator must have their permit, professional certificate, and decision revoked for the violation specified in Clause 2 of this Article.

c) Decision to designate testing and certification of livestock breeds.

3. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed for the act of forging various types of documents and applications for such documents as stipulated in Clause 2 of this Article but not reaching the level of criminal prosecution.

4. Measures to remedy consequences:

Order the revocation of the license and professional certification for the acts violating the provisions of Clause 2 and Clause 3 of this Article.

Article 31. Violations concerning biological safety in livestock farming

1. A fine of from 500,000 VND to 1,000,000 VND shall be imposed on animal husbandry farms that commit any of the following violations:

a) Construction of livestock housing not in accordance with technical requirements affecting veterinary hygiene and the environment in animal husbandry;

b) Violation of animal husbandry procedures affecting food safety;

c) Failure to register or declare contents related to animal husbandry for animals required to be registered or declared.

2. Measures to remedy consequences:

Order the implementation of measures to remedy environmental pollution for the acts violating the provisions of Point a Clause 1 of this Article.

Chapter IV

ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES, AND REMEDIAL MEASURES IN THE FIELD OF FEED FOR LIVESTOCK

MEASURES TO REMEDY CONSEQUENCES IN THE FOOD AND LIVESTOCK SECTOR

Article 32. Violations concerning conditions for the production and processing of feed for livestock

1. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed for the act of producing or processing feed for livestock without technical staff.

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

a) Lack of a waste treatment system meeting environmental hygiene requirements;

b) Insufficient equipment meeting the requirements for feed production and processing facilities as stipulated in corresponding technical standards;

c) The factory building does not meet the requirements for feed production and processing facilities as stipulated in corresponding technical standards.

3. A fine of from 15,000,000 VND to 20,000,000 VND shall be imposed for the act of failing to have a quality testing laboratory or failing to have a contract for testing services with other laboratories.

4. Additional forms of administrative punishment:

a) Suspend operations for one to three months in cases of repeat offenses for the acts violating the provisions of Point a Clause 2 of this Article.

b) Suspend operations for one to three months for the acts violating the provisions of Clause 3 of this Article.

Article 33. Violations concerning the production and processing of feed for livestock

1. A fine of from 5,000,000 VND to 7,000,000 VND shall be imposed for the following violations:

a) Failure to retain test results as required;

b) Failure to retain product samples as required.

2. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed for the act of producing or processing feed using raw materials that have exceeded their shelf life.

3. A fine of from 15,000,000 VND to 20,000,000 VND shall be imposed for the act of producing or processing feed products not listed in the Catalogue of Permitted Feed Products for Circulation in Vietnam or without a permit from the competent state agency.

4. A fine of from 10% to 15% of the value of the violative consignment, but not exceeding 100,000,000 VND, shall be imposed for one of the following violations in the production or processing of feed products:

a) The quantitative content of each main component only reaches 90% to less than 95% of the announced standard or marked on the product label;

b) The quantitative content of each harmful substance exceeds 5% to less than 10% of the national technical standards.

5. A fine of from 15% to 20% of the value of the violative consignment, but not exceeding 100,000,000 VND, shall be imposed for one of the following violations in the production or processing of feed products:

a) The quantitative content of each main component only reaches 80% to less than 90% of the announced standard or marked on the product label;

b) The quantitative content of each harmful substance exceeds 10% to less than 20% of the national technical standards.

6. A fine of from 20% to 30% of the value of the violative consignment, but not exceeding 100,000,000 VND, shall be imposed for one of the following violations in the production or processing of feed products:

a) The quantitative content of each main component only reaches 70% to less than 80% of the announced standard or marked on the product label;

b) The quantitative content of harmful substances exceeds 20% or more of the national technical standards.

7. A fine of from 40,000,000 VND to 50,000,000 VND shall be imposed on the entity continuing to produce or process feed during the period when the competent state agency has suspended such activities.

8. Measures to remedy consequences:

a) Order the change of purpose for all feed produced for the acts violating the provisions of Clause 2 and Clause 7 of this Article; if it is not possible to change the purpose, then order the destruction;

b) Order the recall and destruction of all feed for the acts violating the provisions of Clause 3 of this Article;

c) Order the recycling of all products to ensure they meet the published quality standards or national technical standards (if applicable) for the acts violating the provisions of Clause 6 of this Article; if recycling is not possible, then change the purpose or order the destruction.

Article 34. Violations concerning business conditions for animal feed

1. A fine of from VND 500,000 to VND 1,000,000 for one of the following violations:

a) Not having a store or office for business operations;

b) The store or office does not have a business sign;

c) Changing the business address without notifying the competent state agency.

2. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for any of the following violations:

a) Not having tools, equipment, or means to contain, store, or transport animal feed as prescribed for each type of product;

b) Selling animal feed together with veterinary drugs without a separate area or cabinet, counter.

3. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the violation of selling animal feed together with plant protection chemicals, fertilizers, or other harmful chemicals.

Article 35. Violations concerning the business of animal feed

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the violation of selling expired animal feed products.

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the violation of selling animal feed products not included in the list of permitted animal feed circulating in Vietnam.

3. A fine of 10% to 15% of the value of the batch of violating products but not exceeding VND 100,000,000 shall be imposed for any of the following violations of selling animal feed products:

a) The quantitative content of each main component only reaches 90% to less than 95% of the announced standard or marked on the product label;

b) The quantitative content of each harmful substance exceeds 5% to less than 10% of the national technical standards.

4. A fine of 15% to 20% of the value of the batch of violating products but not exceeding VND 100,000,000 shall be imposed for any of the following violations of selling animal feed products:

a) The quantitative content of each main component only reaches 80% to less than 90% of the announced standard or marked on the product label;

b) Having a quantitative content of each substance causing safety loss exceeding from 10% to less than 20% as prescribed in relevant national technical standards.

5. A fine of 20% to 25% of the value of the batch of violating products but not exceeding VND 100,000,000 shall be imposed for any of the following violations of selling animal feed products:

a) The quantitative content of each main component only reaches 70% to less than 80% of the announced standard or marked on the product label;

b) Having a quantitative content of each substance causing safety loss exceeding 20% or more as prescribed in relevant national technical standards.

6. Measures to remedy consequences:

a) Order to change the purpose of use of all animal feed for the violations stipulated in Clause 1 and Clause 2 of this Article; in case it is impossible to change the purpose of use, then order to destroy;

b) Order to recycle all products ensuring quality standards as published or national technical standards (if applicable) for the violations stipulated in Clause 5 of this Article; in case it is impossible to recycle, then change the purpose of use or order to destroy.

Article 36. Violations concerning the use of prohibited substances in animal husbandry and production, processing, and business of animal feed

1. Imposing fines for the following violations:

a) A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the violation of using prohibited substances in small-scale animal husbandry;

b) A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the violation of using prohibited substances in farm animal husbandry;

c) A fine of VND 70,000,000 to VND 100,000,000 shall be imposed for the violation of using prohibited substances in the production, processing, and business of animal feed.

2. Additional forms of punishment:

Suspension of production, processing, and business activities of animal feed for a period of from one month to three months for the violation stipulated in Point c Clause 1 of this Article.

3. Measures to remedy consequences:

a) Order the breeding facility to continue raising animals that have been fed prohibited substances until they pass inspection for residual substances before being allowed to sell or slaughter them for the violations stipulated in Points a and b Clause 1 of this Article; order to destroy animals in case of repeated offenses.

b) Order the violator to destroy all prohibited substances and animal feed containing prohibited substances for the violations stipulated in Clause 1 of this Article.

Article 37. Violations concerning the importation of animal feed

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

a) The quantitative content of each quality index only reaches a level from 90% to less than 95% compared to the standard published or marked on the product label;

b) The quantitative content of each substance causing safety issues specified in national technical standards or in published standards exceeds from 5% to less than 10%.

2. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed for any of the following violations related to the importation of animal feed:

a) The quantitative content of each quality index only reaches a level from 80% to less than 90% compared to the standard published or marked on the product label;

b) The quantitative content of each substance causing safety issues specified in national technical standards or in published standards exceeds from 10% to less than 20%.

3. A fine of from 30,000,000 VND to 40,000,000 VND shall be imposed for any of the following violations related to the importation of animal feed:

a) The quantitative content of each quality index only reaches a level from over 70% to less than 80% compared to the standard published or marked on the product label;

b) The quantitative content of each substance causing safety issues specified in national technical standards or in published standards exceeds 20% or more.

4. A fine of from 40,000,000 VND to 50,000,000 VND shall be imposed for the violation of importing each animal feed product not included in the list of permitted animal feeds circulating in Vietnam or without the consent of the competent state agency.

5. A fine of from 70,000,000 VND to 100,000,000 VND shall be imposed for the violation of importing each animal feed product containing prohibited substances listed in the ban on production and circulation of animal feeds in Vietnam.

6. Measures to remedy consequences:

a) Order the actual quality of the product to be reannounced for the violation stipulated in Clause 1 and Clause 2 of this Article.

b) Order the entire imported animal feed to be recycled to ensure the quality standard as published or national technical standards (if applicable) for the violation stipulated at Point a of Clause 3 of this Article; if recycling is not possible, order it to be re-exported or destroyed;

c) Order the entire imported animal feed to be re-exported or destroyed for the violation stipulated at Point b of Clause 3 and Clause 4 of this Article;

d) Order the entire imported animal feed to be re-exported for the violation stipulated in Clause 5 of this Article.

Article 38. Violations concerning the testing of animal feed

1. A fine shall be imposed for any of the following violations related to the testing of animal feed according to the following levels of fines:

a) A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed on a testing facility that does not ensure veterinary hygiene and environmental hygiene;

b) A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed on a testing facility that does not have technical staff;

c) A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed on a testing facility that does not have sufficient facilities and equipment suitable for testing each type of feed as registered.

2. A fine of VND 15,000,000 to VND 20,000,000 for a testing facility that does not comply with the approved procedures, contents, or outlines by the competent state authority.

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

4. Measures to remedy consequences:

a) Order the animal feed to be retested and bear all testing costs for the violation stipulated in Clause 2 of this Article.

b) Order the correction of test results for the violation stipulated in Clause 3 of this Article.

Chapter V

AUTHORITY TO ISSUE THE ADMINISTRATIVE VIOLATION DECISION AND IMPOSE FINES

Article 39. Competence to draw up administrative violation records

1. The authority to impose administrative penalties as stipulated in Articles 40, 41, 42, and 43 of this Decree.

2. Animal quarantine officers, Heads and Deputy Heads of District Veterinary Stations, civil servants and employees of the veterinary, livestock breeding, aquaculture, and quality control sectors for agricultural, forestry, and aquatic products who are performing their duties and discover violations in the field of veterinary medicine, animal husbandry, and livestock feed have the right to draw up administrative violation records concerning those violations within the scope of their assigned duties and responsibilities, and bear responsibility for such record-keeping.

Article 40. Competence 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) To impose fines up to five million dong in the fields of veterinary medicine, animal husbandry, and livestock feed;

c) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b Clause 1 of this Article;

d) To apply remedial measures prescribed in Points a, b, c, and đ 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) To impose fines up to twenty-five million dong in the fields of veterinary medicine and animal husbandry; to impose fines up to fifty million dong in the field of livestock feed;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b Clause 2 of this Article;

đ) To apply remedial measures prescribed in Points a, b, c, đ, e, h, and i Clause 1 of Article 28 of the Law on Handling Administrative Violations and other remedial measures prescribed in Clause 3 of Article 3 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 fifty million dong in the fields of veterinary medicine and animal husbandry; to impose fines up to one hundred million dong in the field of livestock feed;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

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

Article 41. Competence of Inspectors

1. Inspectors, persons assigned to perform specialized inspection tasks in the fields of veterinary medicine, livestock breeding, aquaculture, and quality control of agricultural, forestry, and aquatic products while performing their duties have the right to:

a) To issue warnings;

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

c) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b Clause 1 of this Article;

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

2. Heads of Provincial Departments of Agriculture and Rural Development, Chiefs of Aquatic Products Control Bureaus, and Heads of Specialized Inspection Teams of Provincial Departments of Agriculture and Rural Development have the right to:

a) To issue warnings;

b) To impose fines up to twenty-five million dong in the fields of veterinary medicine and animal husbandry; to impose fines up to fifty million dong in the field of livestock feed;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b Clause 2 of this Article;

đ) Apply remedial measures prescribed in Points a, b, c, d, đ, e, g, h, and i Clause 1 of Article 28 of the Law on Handling Administrative Violations and other remedial measures prescribed in Clause 3 of Article 3 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) To impose fines up to thirty-five million dong in the fields of veterinary medicine and animal husbandry; to impose fines up to seventy million dong in the field of livestock feed;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate contraband items and means of transportation involved in administrative violations with a value not exceeding the fine amount specified in Point b Clause 3 of this Article;

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

4. Heads of the Ministry of Agriculture and Rural Development's Inspectorate, Chiefs of the Fisheries General Department, Chiefs of the Animal Health Service, Chiefs of the Livestock Service, and Chiefs of the Quality Control Service for Agricultural and Forestry Products and Aquatic Products have the right to:

a) To issue warnings;

b) To impose fines up to fifty million dong in the fields of veterinary medicine and animal husbandry; to impose fines up to one hundred million dong in the field of livestock feed.

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

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

Article 42. The authority of the People's Public Security

1. Public security officers performing their duties have the authority to:

a) To issue warnings;

b) To impose a fine up to VND 500,000 in the field of veterinary science, livestock breeds, and animal feed.

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) To impose a fine up to VND 1,500,000 in the field of veterinary science, livestock breeds, and animal feed.

3. The Head of the Police Station at the commune level has the authority:

a) To issue warnings;

b) To impose a fine up to VND 2,500,000 in the field of veterinary science, livestock breeds, and animal feed;

c) To confiscate objects and means of administrative violation with a value not exceeding the amount of fine prescribed in Point b Clause 3 of this Article;

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

4. The Head of the Police Station at the district level; the Heads of specialized departments under the Highway Traffic Police Corps, Railway Traffic Police Corps, Waterway Traffic Police Corps; the Heads of specialized departments under the Provincial Police including the Heads of the Economic Crime Investigation Police Department, Highway Traffic Police Department, Railway Traffic Police Department, Waterway Traffic Police Department, Environmental Crime Prevention Police Department have the authority:

a) To issue warnings;

b) To impose a fine up to VND 10,000,000 in the field of veterinary science and livestock breeds; to impose a fine up to VND 20,000,000 in the field of animal feed;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate objects and means of administrative violation with a value not exceeding the amount of fine prescribed in Point b Clause 4 of this Article;

đ) To apply measures to remedy consequences prescribed in Points a, c, đ and i Clause 1 Article 28 of the Law on Handling Administrative Violations and other remedial measures prescribed in Clause 3 Article 3 of this Decree;

5. The Director of the Provincial Police Department has the authority to:

a) To issue warnings;

b) To impose fines up to twenty-five million dong in the fields of veterinary medicine and animal husbandry; to impose fines up to fifty million dong in the field of livestock feed;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) To confiscate objects and means of administrative violation with a value not exceeding the amount of fine prescribed in Point b Clause 5 of this Article;

đ) To apply measures to remedy consequences prescribed in Points a, c, đ and i Clause 1 Article 28 of the Law on Handling Administrative Violations and other remedial measures prescribed in Clause 3 Article 3 of this Decree;

6. The Heads of the Economic Crime Investigation Police Corps, Highway Traffic Police Corps, Railway Traffic Police Corps, Waterway Traffic Police Corps, Environmental Crime Prevention Police Corps have the authority:

a) To issue warnings;

b) To impose fines up to fifty million dong in the fields of veterinary medicine and animal husbandry; to impose fines up to one hundred million dong in the field of livestock feed;

c) To suspend the use of licenses or certificates for a period of time or to suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To apply measures to remedy consequences prescribed in Points a, c, đ and i Clause 1 Article 28 of the Law on Handling Administrative Violations and other remedial measures prescribed in Clause 3 Article 3 of this Decree;

Article 43. The authority to impose administrative penalties of other agencies

1. The authorized person to impose administrative penalties of the Customs agency has the authority to impose administrative penalties and apply measures to remedy consequences for administrative violations prescribed in this Decree related to the export and import of animals, animal products, veterinary drugs, livestock breeds, and animal feed within their respective fields of management as stipulated in Article 42 and Article 52 of the Law on Handling Administrative Violations.

2. The authorized person to impose administrative penalties of the Market Management agency has the authority to inspect, record administrative violations, impose administrative penalties, and apply measures to remedy consequences for administrative violations prescribed in this Decree within their respective fields of management as stipulated in Article 45 and Article 52 of the Law on Handling Administrative Violations.

3. The authorized person to impose administrative penalties of other specialized inspection agencies has the authority to inspect, record administrative violations, impose administrative penalties, and apply measures to remedy consequences for administrative violations prescribed in this Decree within their respective fields of management as stipulated in Article 46 and Article 52 of the Law on Handling Administrative Violations.

Chapter VI

IMPLEMENTING PROVISIONS

Article 44. Effective date of implementation

1. This Decree takes effect from November 25, 2013.

2. This Decree replaces the following Decrees:

a) Decree No. 08/2011/NĐ-CP dated January 25, 2011 of the Government prescribing administrative penalties for violations concerning animal feed;

b) Decree No. 47/2005/NĐ-CP dated April 8, 2005 of the Government on administrative penalties for violations in the field of livestock breeds;

c) Decree No. 40/2009/NĐ-CP dated April 24, 2009 of the Government prescribing administrative penalties for violations in the field of veterinary science.

Article 45. Transitional Provisions

For administrative violations in the veterinary sector, livestock breeds, and animal feed that occurred before this Decree took effect but were discovered or are under consideration and resolution thereafter, the provisions most favorable to the violating organizations and individuals shall be applied.

Article 46. Responsibility for Implementation

1. The Minister of Agriculture and Rural Development shall be 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./.