Decree No. 129/2005/ND-CP On Administrative Sanctions for Violations in the Field of Veterinary Medicine

DECREE

On administrative penalties for violations in the veterinary field

 

THE GOVERNMENT

 

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

Pursuant to the Veterinary Law dated April 29, 2004;

Based on the Ordinance on Administrative Violation Handling dated July 2, 2002;

At the request of the Minister of Agriculture and Rural Development,

 

DECREE:

 

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates on administrative penalties for violations in the veterinary field.

2. Administrative violations in the veterinary field are acts committed by individuals and organizations that violate state management regulations in the veterinary field intentionally or negligently but not constituting a crime and which must be subject to administrative penalties under this Decree. Administrative violations in the veterinary field include:

a) Violations of regulations on disease prevention, treatment, and epidemic control for animals;

b) Violations of regulations on animal quarantine, animal products quarantine; slaughterhouse supervision; veterinary hygiene inspection;

c) Violations of regulations on the management of veterinary drugs, biological preparations, microorganisms, chemicals used in veterinary practices;

d) Other violations of regulations in the veterinary field.

3. Acts of administrative violations related to the veterinary field that are not directly specified in this Decree shall be governed by other provisions of the Government on administrative penalties for violations in the relevant state management fields.

Article 2. Applicability

1. Vietnamese individuals and organizations committing administrative violations in the veterinary field shall be punished according to the provisions of this Decree.

2. Foreign individuals and organizations committing administrative violations in the veterinary field within the territory of Vietnam shall be punished according to the provisions of this Decree.

In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such provisions shall apply.

Article 3. Principles of Imposition of Sanctions

The principles of administrative penalty enforcement in the veterinary field shall be implemented in accordance with Article 3 of the Administrative Violation Handling Ordinance.

Article 4. Mitigating and aggravating circumstances

Mitigating and aggravating circumstances applied in the punishment of administrative violations stipulated in Chapter II of this Decree shall be implemented in accordance with Articles 8 and 9 of the Administrative Violation Handling Ordinance.

Article 5. Statute of Limitations for Administrative Sanctions

1. The statute of limitations for administrative penalties in the veterinary field is one year, counted from the date the administrative violation was committed.

2. For administrative violations in the veterinary field related to the export and import of animals, animal products, and veterinary drugs, the statute of limitations for administrative penalties is two years, counted from the date the administrative violation was committed.

Article 6. Period considered as not having been administratively punished

Individuals and organizations subject to administrative penalties in the veterinary field who have not reoffended within one year from the date they completed execution of the penalty decision or from the expiration date of the enforcement period of the penalty decision shall be considered as not having been administratively penalized in the veterinary field.

Article 7. Forms of administrative penalties and measures to remedy consequences

1. For each administrative violation in the veterinary field, the violator, whether an individual or organization, shall bear one of the following main forms of administrative penalty:

a) To issue warnings;

b) Fine.

The maximum fine amount prescribed for one violation in the veterinary field is 30,000,000 VND.

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

a) Suspension of the right to use licenses and certificates of practice in veterinary medicine for a limited or unlimited period;

b) Confiscation of objects and means used to commit administrative violations.

3. In addition to the forms of penalty provided for in paragraphs 1 and 2 of this Article, individuals and organizations committing administrative violations may also be subject to one or more remedial measures as follows:

a) Compel restoration to the original condition prior to the change caused by the administrative violation;

b) Compelling implementation of measures to address environmental pollution or the spread of diseases caused by the administrative violation;

c) Compel destruction of:

Animals suffering from diseases, animal products carrying pathogens, substances harmful to human health and animals listed in the Catalogue of Animal and Animal Product Quarantine Objects of Vietnam or carrying foreign microorganisms causing harm;

Veterinary drugs, biological preparations, microorganisms, chemicals used in veterinary practices (hereinafter referred to collectively as veterinary drugs) listed in the Catalogue of Prohibited Circulation in Vietnam; counterfeit veterinary drugs, of unknown origin, expired, of poor quality affecting animal health, not included in the Catalogue of Permitted Veterinary Drugs for Circulation in Vietnam;

d) Compel removal of imported goods, temporarily imported for re-export, temporarily exported for re-import, goods transiting through Vietnam's territory, including:

Animals, animal products, means of transport contaminated with quarantine objects listed in the Catalogue of Animal and Animal Product Quarantine Objects of Vietnam or foreign microorganisms causing harm, where returning them does not require transit through a third country;

Animals, animal products, other objects subject to quarantine without a valid sanitary quarantine certificate issued by the national veterinary authority of the exporting country or with invalid certificates that cannot be rectified;

Veterinary drugs not listed in the Catalogue of Permitted Veterinary Drugs for Circulation in Vietnam without permission from the competent state agency with jurisdiction over veterinary affairs; without labels or with damaged, unclear, non-compliant labels with Vietnamese law; not in their original packaging with place of origin markings;

đ) Compel recall of veterinary drugs with lower quality than the announced standards of the drug type, veterinary drugs currently undergoing testing, trials, or evaluations;

e) Compel veterinary hygiene treatment of animals and animal products that do not meet veterinary hygiene standards;

g) Compel implementation of disease prevention measures for animals listed in the Catalogue of Diseases Requiring Mandatory Prevention;

h) Compel compliance with veterinary hygiene conditions for breeding facilities, slaughterhouses, initial processing, and storage of animals and animal products; production and business facilities for veterinary drugs;

i) Compel implementation of hygiene and disinfection measures for animal housing environments, surrounding areas, transportation means, containers, and packaging materials for animals and animal products;

k) Compel disposal of animal carcasses, bedding materials, and animal waste;

l) Compel remediation of transportation means for animals and animal products that do not ensure veterinary hygiene;

m) Compel compliance with periodic and spot-check regulations for animals to detect diseases;

n) Compel publication of veterinary drug quality standards;

o) Compel publication of veterinary drug quality meeting standards;

p) Compel re-testing of imported raw materials for veterinary drugs;

q) Compel suspension of circulation of veterinary drugs and raw materials for veterinary drugs;

r) Other remedial measures prescribed in this Decree.

Remedial measures shall only be applied when administrative violations are subject to such measures and are imposed concurrently with the principal form of administrative sanction, aimed at thoroughly addressing the violation, eliminating the causes and conditions for recurrence, and mitigating all consequences caused by the administrative violation.

When subjected to remedial measures, individuals and organizations committing administrative violations must bear all costs associated with the implementation of these measures.

Chapter II

ADMINISTRATIVE VIOLATIONS, FORMS AND AMOUNTS OF FINES

Section 1

VIOLATIONS OF PROVISIONS ON PREVENTING AND TREATING ANIMAL DISEASES,

CONTROLLING DISEASES IN ANIMALS

Article 8. Violations of provisions on preventing and treating animal diseases

1. Warning or a fine from VND 50,000 to VND 200,000 shall be imposed for any of the following violations:

a) Failure to implement vaccination or other mandatory preventive measures to prevent diseases in animals listed in the Catalogue of Diseases Requiring Mandatory Preventive Measures issued by the Ministry of Agriculture and Rural Development;

b) Failure to comply with blood sampling procedures to detect diseases in old epidemic areas or disease-free zones as prescribed.

2. A fine from VND 200,000 to VND 400,000 shall be imposed for any of the following violations:

a) Failure to immediately report suspected dangerous infectious diseases in animals or mass deaths of animals without a known cause to veterinary staff or local veterinary authorities;

b) Failure to comply with mandatory vaccination or other preventive measures in old epidemic areas or areas threatened by disease;

c) Using feed that does not meet veterinary hygiene standards for animal husbandry;

d) Using veterinary drugs to prevent or treat animal diseases not in accordance with the manufacturer's instructions or those of a practicing veterinarian.

3. A fine from VND 500,000 to VND 800,000 shall be imposed for any of the following violations:

a) Using animals infected with dangerous infectious diseases for breeding;

b) Using veterinary drugs not included in the Catalogue of Veterinary Drugs, Biological Preparations, Microorganisms, and Chemicals Permitted for Circulation in Vietnam to prevent or treat animal diseases; using raw materials for veterinary drugs to prevent or treat animal diseases not in accordance with regulations.

4. The fine amount shall be doubled as prescribed in Clauses 1, 2, and 3 of this Article if the violation is committed by individuals or organizations engaged in concentrated animal husbandry.

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

a) Failure to comply with periodic and spot checks for diseases and veterinary hygiene conditions for concentrated animal husbandry facilities;

b) Disposing of carcasses of animals infected with dangerous infectious diseases into the environment.

6. Measures to remedy consequences:

a) Compel the implementation of mandatory preventive measures for animals in violation of Clause 1 Point a and Clause 2 Point b of this Article;

b) Compel the hygienic disposal of feed and animals in violation of Clause 2 Point c and Clause 3 Point a of this Article;

c) Compel the destruction of veterinary drugs not included in the Catalogue permitted for circulation in Vietnam in violation of Clause 3 Point b of this Article;

d) Compel compliance with periodic and spot checks to detect diseases in violation of Clause 1 Point b and Clause 5 Point a of this Article;

đ) Compel the destruction of animal carcasses in violation of Clause 5 Point b of this Article.

Article 9. Violation of regulations on preventing animal diseases

1. A fine of from 200,000 VND to 500,000 VND shall be imposed for any of the following violations:

a) Not implementing quarantine measures for diseased animals or suspected diseased animals during an outbreak period;

b) Grazing diseased animals in communal grazing areas causing the spread of disease;

c) Not implementing hygiene, disinfection, and decontamination measures for animal shelters, handling carcasses, and diseased animal waste in affected areas;

d) Not complying with other mandatory disease prevention measures as required by competent state management agencies in charge of veterinary affairs.

2. A fine of from 500,000 VND to 800,000 VND shall be imposed for any of the following violations:

a) Removing feed, livestock equipment, or animal waste from affected areas that have the potential to spread disease;

b) Transporting diseased animals to compulsory slaughterhouses not in accordance with the regulations of specialized state management agencies in charge of veterinary affairs;

c) Slaughtering, circulating, buying, or selling animals or animal products that are prone to infectious diseases in affected areas.

3. The fine shall be doubled the amount specified in Clauses 1 and 2 of this Article if the violation is committed by individuals or organizations engaged in concentrated animal husbandry.

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

a) Bringing animals or animal products that are prone to announced infectious diseases from threatened areas to buffer zones or other regions without a valid health certificate;

b) Transporting animals that are prone to announced infectious diseases through affected areas without permission from competent veterinary authorities;

c) Intentionally stopping transportation vehicles or releasing animals into affected areas or threatened areas while only permitted to pass through;

d) Evading the disinfection of transportation vehicles, animal products, and animal waste after passing through affected areas;

đ) Circulating in threatened areas or buffer zones animals or animal products that are infected with announced infectious diseases in those areas;

e) Failing to comply with regulations concerning transportation vehicles carrying compulsorily slaughtered animals, causing waste to spill during transport; failing to disinfect the vehicle after transport.

5. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed for failure to comply with or properly implement regulations on veterinary hygiene treatment for diseased or suspected diseased animals, carcasses, or animal products carrying pathogens listed in the Catalogue of Diseases Requiring Announcement.

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

a) Transporting diseased animals or animal products carrying pathogens out of affected areas to other regions or localities;

b) Raising or selling animals suffering from dangerous infectious diseases when state management agencies in charge of veterinary affairs have ordered compulsory slaughter or destruction.

7. Additional forms of punishment and remedial measures:

a) Compelling the implementation of veterinary measures to prevent animal diseases for violations stipulated in Clause 1 of this Article;

b) Compelling the destruction of animals, animal products, feed, and animal waste for violations stipulated in Point a Clause 2, Point a Clause 6 of this Article;

c) Compelling the disinfection of transportation vehicles and livestock equipment for violations stipulated in Point d Clause 4 of this Article;

d) Confiscating animals and animal products for violations stipulated in Point c Clause 2, Point b Clause 4 of this Article;

đ) Compelling the implementation of veterinary hygiene treatment measures as prescribed for violations stipulated in Clause 5, Point b Clause 6 of this Article.

Section 2

VIOLATIONS OF REGULATIONS ON ANIMAL INSPECTION,

ANIMAL PRODUCT INSPECTION,

SLAUGHTER CONTROL,

Article 10. Violation of regulations on animal quarantine procedures and animal products

1. A fine of from 100,000 VND to 300,000 VND shall be imposed for any of the following violations:

a) Failure to declare quarantine when transporting within the country animals and animal products that are required to undergo quarantine;

b) Failure to declare when importing animals and animal products through postal services.

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

a) Failure to declare quarantine when exporting animals and animal products listed in the Catalogue of Animals and Animal Products Required to Undergo Quarantine;

b) Failure to register and declare quarantine when importing, temporarily importing for re-export, temporarily exporting for re-import, transferring customs checkpoints, or transiting through Vietnam's territory animals and animal products listed in the Catalogue of Animals and Animal Products Required to Undergo Quarantine;

c) Failure to notify the time of crossing the border when exporting, importing, temporarily importing for re-export, temporarily exporting for re-import, transferring customs checkpoints, or transiting through Vietnam's territory animals and animal products according to the provisions of Vietnam's veterinary laws.

Article 11. Violation of regulations on the circulation of animals and animal products within the country

1. A warning or a fine of from 200,000 VND to 500,000 VND shall be imposed for any of the following violations:

a) Failure to carry out sanitation, disinfection, and decontamination at the concentration site after quarantine, loading, and transportation of animals and animal products;

b) Evading animal quarantine and animal product quarantine at animal quarantine stations along the transportation route.

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

a) Transporting or trading animals and animal products that require quarantine without a quarantine certificate;

b) Substituting or altering the quantity of animals and animal products already certified with those not yet quarantined;

c) Transporting or trading animals and animal products not matching the type specified in the quarantine certificate;

d) Transporting leftover food or untreated infectious animal waste.

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

a) Transporting animals and animal products that do not meet veterinary hygiene standards without a quarantine certificate;

b) Failing to comply with the quarantine authority's regulations when transporting animals and animal products that have been determined to be infected with a quarantine object for handling.

4. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for transporting animals and animal products out of a locality where the export of animals and animal products has been suspended according to the decision announced by the competent veterinary authority.

5. Additional forms of punishment and measures to mitigate consequences:

a) Confiscation of animals and animal products for violations stipulated in Clause 4 of this Article;

b) Compelling the implementation of animal quarantine and animal product quarantine for violations stipulated in Points a, b, and c of Clause 2 of this Article;

c) Compelling the implementation of veterinary sanitary measures for animals, animal products, livestock feed, and animal waste for violations stipulated in Point d of Clause 2 and Point a of Clause 3 of this Article.

Article 12. Violations concerning animal quarantine regulations for exported, imported, temporarily imported for re-export, temporarily exported for re-import, transshipped, and transit animals and animal products through the territory of Vietnam

1. A fine of from 200,000 VND to 500,000 VND shall be imposed for any of the following violations:

a) Failing to comply with import regulations for animals and animal products carried by individuals;

b) Failing to stop or park vehicles at designated points to conduct quarantine and veterinary sanitary inspection procedures when transporting exported, imported, temporarily imported for re-export, temporarily exported for re-import, transshipped, and transiting animals and animal products through the territory of Vietnam.

2. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on the violation of not complying with the time specified in the permit when temporarily importing for re-export or temporarily exporting for re-importing animals and animal products.

3. A fine of from VND 2,500,000 to VND 4,000,000 shall be imposed on one of the following violations:

a) Failing to conduct quarantine procedures for animals and animal products when importing, temporarily importing for re-export, temporarily exporting for re-import, transshipping, or transiting through the territory of Vietnam;

b) Failing to comply with sanitation, disinfection, and decontamination requirements for concentration sites, transportation vehicles, animal waste, bedding materials, and other related items when exporting, importing, temporarily importing for re-export, temporarily exporting for re-import, transshipping, or transiting through the territory of Vietnam;

c) Importing quarantined animals and animal products that do not match the species listed in the permit.

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

a) Importing, temporarily importing for re-export, temporarily exporting for re-import, transshipping, or transiting through the territory of Vietnam animals and animal products that do not match the types and locations listed in the animal and animal product health certificate;

b) Exceeding the deadline of more than 10 days without re-exporting animals and animal products that must be re-exported.

5. A fine of from VND 6,000,000 to VND 8,000,000 shall be imposed on one of the following violations:

a) Placing imported animals for quarantine observation at a location not in accordance with the regulations of the authorized animal quarantine agency;

b) Failing to comply with the quarantine regulations of the authorized animal quarantine agency during the quarantine observation period for animals and animal products;

c) Substituting or increasing the quantity of animals and animal products already certified with those that have not been quarantined;

d) Not having a valid quarantine record when exporting, importing, temporarily importing for re-export, temporarily exporting for re-import, transshipping, or transiting through the territory of Vietnam animals and animal products;

đ) Disposing of or abandoning animals and animal products to evade quarantine;

e) Unilaterally unloading goods or dismantling transportation vehicles for imported, temporarily imported for re-export, or transiting animals and animal products without permission from the authorized animal quarantine agency;

g) Transporting transiting animals and animal products not in accordance with the prescribed route or stopping at unauthorized points as determined by the authorized animal quarantine agency;

h) Allowing transiting animals to come into contact with domestic animals within the territory of Vietnam;

i) Failing to comply with the veterinary sanitary measures as instructed by the authorized animal quarantine agency for animals and animal products subject to quarantine when exporting, importing, temporarily importing for re-export, temporarily exporting for re-import, transshipping, or transiting through the territory of Vietnam;

k) Failing to comply with the veterinary sanitary measures required by the authorized animal quarantine agency for dead animals, animal waste, leftover food, packaging materials of animal products, and other waste generated during transiting transportation;

6. A fine of from VND 10,000,000 to VND 12,000,000 shall be imposed on one of the following violations:

a) Transiting or transshipping animals and animal products through the territory of Vietnam without permission from the authorized veterinary authority of Vietnam;

b) Bringing animals and animal products listed in the Catalogue of Animals and Animal Products Subject to Quarantine into the territory of Vietnam without clear origin;

c) Failing to comply with or complying but not completing the quarantine observation period before using or trading animals and animal products;

d) Failing to comply with measures to isolate and destroy animals and animal products infected with diseases listed in the Catalogue of Dangerous Diseases of Animals or the Catalogue of Diseases Required to Be Declared as Epidemics or harmful microorganisms, as decided by the authorized state management agency in charge of veterinary affairs of Vietnam;

đ) Importing disease samples, quarantine objects of animals and animal products without a written agreement from the Department of Animal Health;

e) Failing to comply with measures for handling non-approved disease samples brought into the territory of Vietnam.

7. A fine of from VND 12,000,000 to VND 15,000,000 shall be imposed on one of the following violations:

a) Importing, temporarily importing for re-export, temporarily exporting for re-import, transshipping, or transiting through the territory of Vietnam animals suffering from diseases or animal products carrying pathogens listed in the Catalogue of Diseases Required to Be Declared as Epidemics under Vietnamese veterinary laws;

b) Abandoning carcasses, waste, leftover food, packaging materials of animal products, and other hazardous waste containing dangerous pathogens at the port quarantine site before the authorized animal quarantine agency conducts veterinary sanitary measures.

8. Additional forms of punishment and remedial measures:

a) Compelling the implementation of sanitation, disinfection, and decontamination of sites, transportation vehicles, animal waste, bedding materials, and other related items for violations stipulated in point b, Clause 3, Article 12;

b) Compelling the re-exportation of animals, animal products, and quarantine objects for violations stipulated in point c, Clause 3, point a, Clause 4, and point c, Clause 5, Article 12;

c) Compelling the implementation of quarantine observation of animals and animal products at the correct location and within the prescribed time for violations stipulated in points a and b, Clause 5, and point c, Clause 6, Article 12;

d) Confiscating animals and animal products for violations stipulated in points a and b, Clause 6, Article 12;

d) Compel the sanitary veterinary treatment of animals, animal products, carcasses, animal waste, bedding, feed, and packaging materials for violations specified in point i and point k, Clause 5 of this Article;

e) Compel the destruction or re-exportation of animals, animal products for violations specified in point a, Clause 7 of this Article if the animals or animal products to be re-exported do not require transit through a third country;

g) Compel the destruction of animals, animal products, diseased specimens, and objects subject to quarantine for violations specified in point d, Clause 5, points d, g, e, Clause 6 of this Article.

Article 13. Violations concerning the control of animal slaughter

1. Fine from VND 100,000 to VND 300,000 for any of the following violations committed by individuals or organizations engaged in slaughtering animals or processing animal products for commercial purposes:

a) Not conducting animal slaughter for commercial purposes at centralized slaughter facilities where such facilities exist;

b) Using water that does not meet hygiene standards for slaughtering and processing animal products;

c) Failing to report to the competent veterinary authority for them to conduct slaughter control at places without centralized slaughter facilities.

2. Fine for violations committed by centralized animal slaughter facilities and processing facilities according to the following levels:

a) Fine from VND 200,000 to VND 400,000 for violations specified in point b, Clause 1 of this Article;

b) Fine from VND 300,000 to VND 500,000 for failing to clean animals properly before slaughter or not implementing regulations on hygiene, disinfection, and decontamination of slaughter facilities, processing areas, and storage locations for animal products regularly and when the facility is suspended from operation;

c) Fine from VND 500,000 to VND 800,000 for not separating sick, suspected sick, infected, or suspected infected animals for slaughter or subsequent handling, or not segregating and marking products that do not meet veterinary hygiene standards.

3. Fine from VND 1,000,000 to VND 1,500,000 for slaughtering animals with infectious diseases or suspected infectious diseases at unauthorized locations.

4. Measures to remedy consequences:

a) Compel the implementation of veterinary hygiene measures to ensure the quality of animal products for violations specified in point b, Clause 1, and point c, Clause 2 of this Article;

b) Compel the cleaning, disinfection, and decontamination of animal slaughter facilities, processing, and storage facilities for violations specified in point b, Clause 2 of this Article.

Article 14. Violations concerning the business of animals and animal products

1. Fine for the business of meat and other animal products that have not been inspected and slaughtered by the competent state management agency according to the following levels of fines:

a) Fine from VND 50,000 to VND 100,000 when the value of the animal product is up to VND 1,000,000;

b) Fine from VND 100,000 to VND 200,000 when the value of the animal product is from VND 1,000,000 to VND 2,000,000;

c) Fine from VND 300,000 to VND 500,000 when the value of the animal product is from VND 2,000,000 to VND 5,000,000;

d) Fine from VND 500,000 to VND 800,000 when the value of the animal product is from VND 5,000,000 to VND 8,000,000;

g) Fine from VND 1,000,000 to VND 1,500,000 when the value of the animal product is from VND 8,000,000 to VND 15,000,000;

e) Fine from VND 2,000,000 to VND 3,000,000 when the value of the animal product is from VND 15,000,000 to VND 30,000,000;

g) Fine from VND 5,000,000 to VND 7,000,000 when the value of the animal product is VND 30,000,000 or more.

2. Fine from VND 200,000 to VND 500,000 for failing to comply with the hygiene conditions for places selling animals and animal products; means of display, storage, containment, and packaging of animal products.

3. Fine from VND 500,000 to VND 1,000,000 for selling animals and animal products that do not meet veterinary hygiene standards.

4. Fine from VND 500,000 to VND 2,000,000 for any of the following violations:

a) Selling fresh meat and other animal products that have been injected or infused with impurities or additional substances that reduce their natural quality and flavor but do not affect human safety, ecological environment, or the environment;

b) Selling fresh meat and other animal products that are contaminated with bacteria or toxic substances exceeding permissible limits.

5. Fine from VND 1,000,000 to VND 3,000,000 for selling fresh animal products containing residues of drugs or chemicals exceeding permissible limits.

6. Fine from VND 2,000,000 to VND 5,000,000 for selling animal products using additives outside the permitted list or exceeding permissible limits.

7. Fine from VND 4,000,000 to VND 8,000,000 for any of the following violations:

a) Selling fresh meat and other animal products preserved with chemicals not allowed for use;

b) Selling fresh meat and other animal products that have been injected or infused with impurities or additional substances affecting the health safety of users or the ecological environment;

c) Selling fresh meat and other animal products that are raw or processed and carry dangerous infectious disease pathogens;

d) Selling animals suffering from diseases listed in the Catalogue of Diseases Requiring Disease Outbreak Declaration.

8. Fine from VND 8,000,000 to VND 10,000,000 for any of the following violations:

a) Selling fresh meat and other animal products from animals that were compulsorily slaughtered;

b) Selling animals suffering from dangerous infectious diseases as required to be destroyed or their products.

9. Additional forms of punishment and measures to mitigate consequences:

a) Compel the destruction of animals and animal products for violations specified in point b, Clause 4; Sections 5, 6, 7, 8 of this Article;

b) Confiscate and destroy animal products for violations specified in point b, Clause 4; Sections 5, 6, 7, 8 of this Article in cases where the measure prescribed in point a of this clause cannot be applied;

c) Compel compliance with the regulations on veterinary hygiene conditions for violations specified in Section 2 of this Article;

d) Order to carry out veterinary sanitary processing of animals and animal products in accordance with the provisions for violations under Clause 3, Point a, Clause 4 of this Article.

Article 15. Violations of veterinary hygiene regulations

1. Warning or a fine from VND 50,000 to VND 200,000 for failing to ensure the conditions stipulated for veterinary hygiene in animal husbandry.

2. A fine from VND 100,000 to VND 400,000 for one of the following violations:

a) Failing to ensure veterinary hygiene for transportation vehicles of animals and animal products;

b) Failing to ensure veterinary hygiene conditions at locations for concentrating animals and animal products for quarantine; places for concentrating, loading, collecting, buying and selling animals and animal products;

c) Slaughtering animals that do not meet veterinary hygiene standards for business purposes.

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

a) Not meeting veterinary hygiene standards for centralized animal husbandry facilities; production and business facilities for animal breeds; slaughterhouses, preliminary processing, packaging, preservation, and business facilities for animal products; disease-free zones and facilities; retail outlets for veterinary drugs;

b) Not meeting veterinary hygiene conditions for testing, trial, and experimental facilities for veterinary drugs; diagnostic laboratories for animal diseases; surgical facilities for animals;

c) Failing to implement or improperly implementing the required processing of animals and animal products concluded by the quarantine authority as not meeting veterinary hygiene standards;

d) Importing animals and animal products through postal services that do not meet veterinary hygiene standards.

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

a) Failing to ensure veterinary hygiene for places concentrating and loading animals and animal products at airports, railway stations, ports; quarantine areas for animals and animal products;

b) Not meeting the veterinary hygiene conditions specified for transportation vehicles of animals and animal products when importing, temporarily importing for re-export, temporarily exporting for re-import, transferring customs checkpoints, transiting through Vietnam's territory.

5. A fine from VND 4,000,000 to VND 6,000,000 for failing to meet veterinary hygiene standards at production, processing, and distribution facilities for veterinary drugs.

6. A fine from VND 6,000,000 to VND 8,000,000 for importing, temporarily importing for re-export, temporarily exporting for re-import, transferring customs checkpoints, or transiting through Vietnam's territory of animals and animal products that do not meet veterinary hygiene standards.

7. Measures to remedy consequences:

a) Order to comply with the regulations on veterinary hygiene conditions for violations under Clause 1; Points a and b of Clause 2; Points a and b of Clause 3; Clause 4; Clause 5 of this Article;

b) Order to carry out veterinary sanitary processing of animals and animal products in accordance with the provisions for violations under Point c of Clause 2; Points c and d of Clause 3; Clause 6 of this Article.

Section 3

VIOLATIONS OF REGULATIONS ON THE MANAGEMENT OF VETERINARY DRUGS,

BIOLOGICAL PREPARATIONS, MICROORGANISMS,

CHEMICALS USED IN VETERINARY PRACTICE

Article 16. Violations of regulations on the production, processing, and distribution of veterinary drugs, biological preparations, microorganisms, and chemicals used in veterinary practice

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

a) Failing to follow the prescribed technological procedures or lacking production records in the production of veterinary drugs;

b) Not having a certificate of compliance with veterinary hygiene standards issued by the competent state management agency in charge of veterinary affairs.

2. A fine from VND 3,000,000 to VND 5,000,000 for producing veterinary drugs not in accordance with the registered formula.

3. A fine from VND 6,000,000 to VND 8,000,000 for producing, processing, and distributing veterinary drugs not included in the List of Veterinary Drugs Permitted for Circulation in Vietnam, the List of Biological Preparations, Microorganisms, and Chemicals Used in Veterinary Practice Permitted for Circulation in Vietnam.

4. A fine from VND 8,000,000 to VND 10,000,000 for one of the following violations:

a) Producing veterinary drugs using raw materials without quality analysis certificates;

b) Producing veterinary drugs using raw materials of unknown origin.

5. A fine twice the amount specified in Point a, b, c, d, đ, e, g, h of Clause 6 of Article 17 of this Decree but not exceeding VND 30,000,000 for producing, processing, and distributing veterinary drugs listed in the Prohibited List of Veterinary Drugs and Biological Preparations in Vietnam.

6. A fine from VND 20,000,000 to VND 30,000,000 for producing, processing, and distributing prohibited microorganisms in Vietnam.

7. Additional forms of punishment and measures to mitigate consequences:

a) Suspension of the right to use the veterinary drug production practice certificate for six months for violations under Clause 2, 3, 4 of this Article;

b) Suspension of the right to use the veterinary drug production practice certificate for one year for violations under Clauses 5, 6 of this Article;

c) Order to take corrective actions for violations under Clause 1 of this Article;

d) Order to recall veterinary drugs for violations under Clause 2 and Point a of Clause 4 of this Article;

đ) Order to destroy veterinary drugs for violations under Clauses 3, 5, 6; Point b of Clause 4 of this Article; confiscate raw materials, packaging, and labels used to produce, process, and distribute prohibited veterinary drugs.

Article 17. Violations concerning the business of veterinary drugs, biological preparations, microorganisms, chemicals for veterinary use, and raw materials for veterinary drugs

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

a) Engaging in the business of veterinary drugs without a store or storage equipment, or with a store or storage equipment but not meeting the required conditions;

b) Engaging in the business of veterinary drugs and raw materials for veterinary drugs together with animal feed without separate areas or cabinets, counters for display.

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

a) Engaging in the business of raw materials for veterinary drugs without meeting the required storage conditions;

b) Engaging in the business of veterinary drugs and raw materials for veterinary drugs together with plant protection chemicals, medical supplies, foodstuffs.

3. A fine shall be imposed for engaging in the business of veterinary drugs and raw materials for veterinary drugs that are not included in the List of Permitted Circulating Veterinary Drugs, Biological Preparations, Microorganisms, and Chemicals for Veterinary Use in Vietnam according to the following levels of fines:

a) A fine of from VND 100,000 to VND 300,000 for veterinary drugs valued up to VND 5,000,000;

b) A fine of from VND 300,000 to VND 500,000 for veterinary drugs valued from over VND 5,000,000 to VND 10,000,000;

c) A fine of from VND 500,000 to VND 1,000,000 for veterinary drugs valued from over VND 10,000,000 to VND 20,000,000;

d) A fine of from VND 1,000,000 to VND 2,000,000 for veterinary drugs valued from over VND 20,000,000 to VND 30,000,000;

đ) A fine of from VND 2,000,000 to VND 4,000,000 for veterinary drugs valued from over VND 30,000,000 to VND 50,000,000;

e) A fine of from VND 4,000,000 to VND 6,000,000 for veterinary drugs valued from over VND 50,000,000 to VND 70,000,000;

g) A fine of from VND 6,000,000 to VND 8,000,000 for veterinary drugs valued from over VND 70,000,000 to VND 100,000,000;

h) A fine of from VND 8,000,000 to VND 10,000,000 for veterinary drugs valued from over VND 100,000,000.

4. A fine twice the amount specified in Clause 3 of this Article shall be imposed for engaging in the business of expired veterinary drugs and raw materials for veterinary drugs, or those of unknown origin.

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

a) Using or engaging in the business of veterinary drugs and raw materials for veterinary drugs during testing, trial, or evaluation periods;

b) Not conducting re-testing of imported raw materials for veterinary drugs before engaging in the business as required.

6. A fine shall be imposed for engaging in the business of veterinary drugs listed in the Prohibited Importation and Use List in Vietnam according to the following levels of fines:

a) A fine of from VND 200,000 to VND 500,000 for veterinary drugs valued up to VND 5,000,000;

b) A fine of from VND 500,000 to VND 1,000,000 for veterinary drugs valued from over VND 5,000,000 to VND 10,000,000;

c) A fine of from VND 1,000,000 to VND 3,000,000 for veterinary drugs valued from over VND 10,000,000 to VND 20,000,000;

d) A fine of from VND 3,000,000 to VND 5,000,000 for veterinary drugs valued from over VND 20,000,000 to VND 30,000,000;

đ) A fine of from VND 5,000,000 to VND 10,000,000 for veterinary drugs valued from over VND 30,000,000 to VND 50,000,000;

e) A fine of from VND 8,000,000 to VND 10,000,000 for veterinary drugs valued from over VND 30,000,000 to VND 50,000,000;

g) A fine of from VND 10,000,000 to VND 15,000,000 for veterinary drugs valued from over VND 50,000,000 to VND 70,000,000;

h) A fine of from VND 15,000,000 to VND 20,000,000 for veterinary drugs valued from VND 70,000,000 to under VND 100,000,000.

7. The fines prescribed in Clause 6 of this Article shall also apply to the punishment of transport vehicle owners, warehouse owners, and organizations engaged in veterinary drug transportation and delivery services if they intentionally transport, store, conceal, or deliver prohibited imported or used veterinary drugs in Vietnam.

8. Additional forms of punishment and measures to mitigate consequences:

a) Revocation of the veterinary practice certificate for three months for violations stipulated in Clause 2 of this Article in cases of repeated offenses three times or more or recidivism;

b) Revocation of the veterinary practice certificate for six months for violations stipulated in Clauses 3, 4, and 5 of this Article;

c) Revocation of the veterinary practice certificate for twelve months for violations stipulated in Clause 6 of this Article;

d) Compulsory destruction of veterinary drugs and raw materials for veterinary drugs for violations stipulated in Clauses 3 and 4 of this Article;

đ) Compulsory recall of veterinary drugs and raw materials for veterinary drugs for violations stipulated in point a of Clause 5 of this Article;

e) Compulsory re-testing of imported raw materials for veterinary drugs before engaging in the business for violations stipulated in point b of Clause 5 of this Article;

g) Compulsory destruction of prohibited veterinary drugs for violations stipulated in Clause 6 of this Article.

Article 18. Violations concerning labeling of veterinary drugs, biological preparations, microorganisms, and chemicals used in veterinary medicine

1. A fine of VND 400,000 to VND 2,000,000 shall be imposed for the act of trading in veterinary drugs or raw materials for veterinary drugs with labels (including secondary labels) that are covered, torn, faded, or otherwise illegible so that the contents on the label cannot be read.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for the act of trading in veterinary drugs or raw materials for veterinary drugs with labels that do not comply with the prescribed regulations regarding size, area, position, method of recording, language used on the label.

3. A fine of VND 2,000,000 to VND 4,000,000 shall be imposed for the act of trading in veterinary drugs or raw materials for veterinary drugs with labels (including secondary labels) or accompanying documents that do not contain all required information or do not correctly record such information as prescribed.

4. A fine of VND 3,000,000 to VND 6,000,000 shall be imposed for the act of trading in veterinary drugs or raw materials for veterinary drugs where the label contains false information presented through images, drawings, writings such as quality marks, standards, quality symbols, codes, barcodes, medals, awards, and other false information.

5. A fine of VND 4,000,000 to VND 8,000,000 shall be imposed for the act of trading in veterinary drugs or raw materials for veterinary drugs with labels (including original labels or secondary labels of imported veterinary drugs or raw materials for veterinary drugs) that have been erased, altered, or otherwise tampered with, causing distortion of information about the veterinary drugs or raw materials for veterinary drugs.

6. A fine of VND 6,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

a) Trading in veterinary drugs or raw materials for veterinary drugs without labels as approved in the registration dossier;

b) Trading in imported veterinary drugs or raw materials for veterinary drugs with original labels in foreign languages but without Vietnamese secondary labels as prescribed.

7. The fine for organizations or individuals producing, processing, distributing, or importing veterinary drugs or raw materials for veterinary drugs committing violations under this Article shall be twice the amount specified in Clauses 1 to 6 of this Article.

8. Measures to remedy consequences:

a) Order the suspension of circulation of veterinary drugs or raw materials for veterinary drugs with non-compliant labels as stipulated in this Article;

b) Order the implementation of measures to correct labeling violations of veterinary drugs or raw materials for veterinary drugs before circulation as stipulated in this Article.

Article 19. Violations concerning the importation of veterinary drugs and raw materials for veterinary drugs

1. A fine of VND 3,000,000 to VND 6,000,000 shall be imposed for the act of importing veterinary drugs or raw materials for veterinary drugs that do not match the types listed in the permit.

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following violations:

a) Importing veterinary drugs or raw materials for veterinary drugs not included in the List of Permitted Veterinary Drugs, Biological Preparations, Microorganisms, and Chemicals Used in Veterinary Medicine in Vietnam without permission from the Department of Animal Health;

b) Importing veterinary drugs or raw materials for veterinary drugs after the country of origin has announced a ban on their circulation in the market;

c) Importing veterinary drugs or raw materials for veterinary drugs that have expired or whose origin is unclear;

d) Importing veterinary drugs or raw materials for veterinary drugs without their original packaging;

đ) Intentionally evading quality inspection of imported veterinary drugs or raw materials for veterinary drugs carried out by authorized agencies.

3. The fine for violations under Point a, b, c, d, đ, e, g, h Clause 6 Article 17 of this Decree if committed by individuals or organizations importing veterinary drugs or raw materials for veterinary drugs listed in the Prohibited Importation and Use List in Vietnam shall be twice the amount of the fine but not exceeding VND 30,000,000.

4. Additional forms of punishment and remedial measures:

a) Revocation of the right to use the veterinary practice certificate for six months to one year for violations under Clause 1 of this Article;

b) Revocation of the right to use the veterinary practice certificate for one year for violations under Clause 2 of this Article;

c) Order the re-export of veterinary drugs or raw materials for veterinary drugs for violations under Clause 1, Points a, b, d Clause 2 of this Article;

d) Order the destruction of veterinary drugs or raw materials for veterinary drugs for violations under Point c Clause 2, Clause 3 of this Article;

đ) Order the implementation of quality inspections of veterinary drugs or raw materials for veterinary drugs for violations under Point đ Clause 2 of this Article.

Article 20. Violation of provisions on information and advertising of veterinary drugs, biological products, microorganisms, chemicals used in veterinary medicine

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

a) Advertising veterinary drugs with false statements that do not correspond to the registered dossier;

b) Advertising containing content that undermines the reputation and quality of other individuals' or organizations' veterinary drugs;

c) Advertising veterinary drugs listed in the Catalogue of veterinary drugs, biological products, microorganisms, chemicals used in veterinary medicine for restricted use in Vietnam.

2. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for the act of advertising veterinary drugs listed in the Catalogue of prohibited veterinary drugs, biological products, microorganisms, chemicals used in veterinary medicine in Vietnam.

3. Additional forms of punishment and measures to remedy consequences:

a) Revocation of the right to use the veterinary practice certificate for six months to one year for violations stipulated in point c, Clause 1 and Article 2 of this provision;

b) Compelling correction of false information on the means of communication where such false information was disseminated for violations stipulated in points a and b, Clause 1 of this provision.

Article 21. Violation of provisions on announcing the quality standards of veterinary drugs, biological products, microorganisms, chemicals used in veterinary medicine

1. A fine of from VND 500,000 to VND 2,000,000 shall be imposed for the act of producing, processing, dividing, importing veterinary drugs with changes in quality or labeling compared to the announced content without re-announcing.

2. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed for the act of producing, processing, dividing, importing veterinary drugs listed in the Catalogue of permitted veterinary drugs, biological products, microorganisms, chemicals used in veterinary medicine in Vietnam without implementing the announcement of quality standards.

3. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of producing, processing, dividing, importing veterinary drugs with actual quality lower than the announced quality.

4. Measures to remedy consequences:

a) Compelling re-announcement of quality standards for violations stipulated in Article 1 of this provision;

b) Compelling announcement of quality standards within the prescribed time limit for violations stipulated in Article 2 of this provision;

c) Compelling recall of veterinary drugs for violations stipulated in Article 3 of this provision.

Article 22. Violation of provisions on announcing the conformity of veterinary drug quality standards, biological products, microorganisms, chemicals used in veterinary medicine to standards

1. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed for the act of producing, processing, dividing, importing veterinary drugs listed in the Catalogue requiring announcement of conformity to standards but failing to announce.

2. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed for the act of producing, processing, dividing, importing veterinary drugs listed in the Catalogue requiring announcement of conformity to standards but failing to announce conformity to standards while stamping or affixing labels indicating conformity to standards or disseminating or advertising as having announced conformity to standards.

3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of producing, processing, dividing, importing veterinary drugs listed in the Catalogue requiring announcement of conformity to standards but with actual quality lower than the announced quality level without affecting animal health or human health.

4. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of producing, processing, dividing, importing veterinary drugs listed in the Catalogue requiring announcement of conformity to standards but with actual quality lower than the announced quality level, affecting animal health or human health.

5. Measures to remedy consequences:

a) Compelling announcement of conformity to standards within the prescribed time limit for violations stipulated in Article 1 of this provision;

b) Compelling destruction of non-compliant packaging, labels; compelling correction of false information on the means of communication where such false information was disseminated; compelling announcement of conformity to standards of veterinary drugs according to regulations for violations stipulated in Article 2 of this provision;

c) Compelling recall of substandard veterinary drugs for violations stipulated in Article 3 of this provision;

d) Compelling destruction of substandard veterinary drugs for violations stipulated in Article 4 of this provision.

Section 4

VIOLATIONS OF OTHER PROVISIONS IN THE FIELD OF VETERINARY MEDICINE

Article 23. Violation of regulations on veterinary practice certificates

1. A warning or a fine from VND 100,000 to VND 300,000 shall be imposed for any of the following violations concerning veterinary practice certificates for vaccination, disease diagnosis, prescription writing, animal health care, and veterinary advisory services (hereinafter referred to as veterinary service practice):

a) Renting out or lending a veterinary practice certificate;

b) Adding, erasing, or altering the content within a veterinary practice certificate;

c) Using an expired veterinary practice certificate.

2. A fine from VND 200,000 to VND 500,000 shall be imposed for practicing veterinary services outside the scope of profession or specialty specified in the veterinary practice certificate.

3. A fine from VND 500,000 to VND 800,000 shall be imposed for any of the following violations concerning veterinary service practice:

a) Practicing without a veterinary practice certificate;

b) Continuing to practice after having had the veterinary practice certificate revoked.

4. A fine shall be imposed for violations concerning veterinary drug business practice certificates at the following levels:

a) A fine from VND 500,000 to VND 1,000,000 shall be imposed for any of the violations stipulated in points a, b, c of Clause 1 of this Article;

b) A fine from VND 1,000,000 to VND 3,000,000 shall be imposed for any of the violations stipulated in points a, b of Clause 3 of this Article.

5. A fine shall be imposed for violations concerning veterinary drug production, processing, distribution, testing, trial, evaluation, import, and export practice certificates at the following levels:

a) A fine from VND 1,000,000 to VND 2,000,000 shall be imposed for any of the violations stipulated in points a, b, c of Clause 1 of this Article or practicing outside the location specified in the veterinary practice certificate;

b) A fine from VND 2,000,000 to VND 4,000,000 shall be imposed for any of the violations stipulated in points a, b of Clause 3 of this Article.

6. Additional forms of punishment:

The right to use the veterinary practice certificate shall be suspended for six months to twelve months for violations stipulated in points a, b of Clause 1 and Clause 2 of this Article.

Article 24. Violation of regulations on veterinary service practice

1. A fine from VND 100,000 to VND 400,000 shall be imposed for any of the following violations:

a) Failure to comply with periodic or emergency reporting requirements when there is an outbreak, as required by competent state management agencies in charge of veterinary affairs;

b) Failure to participate in disease prevention and control activities for animals as required by local authorities and state management agencies in charge of veterinary affairs during animal disease outbreaks.

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

a) Using veterinary drugs not included in the List of Veterinary Drugs Permitted for Circulation in Vietnam to prevent or treat diseases in animals;

b) Using raw materials for veterinary drugs to prevent or treat diseases in animals in violation of the provisions of the Ministry of Agriculture and Rural Development;

c) Practicing without ensuring adequate veterinary hygiene conditions and technical equipment as prescribed.

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

a) Using veterinary drugs or raw materials for veterinary drugs to prevent or treat diseases that result in adverse effects on animal health or the health of consumers of animal products;

b) Treating animals suffering from diseases listed in the Prohibited Disease Treatment List or Compulsory Slaughter and Destruction List.

4. Additional forms of punishment and remedial measures:

a) The right to use the veterinary practice certificate shall be suspended for six months for violations stipulated in Clause 1 of this Article if the violation occurs three or more times or is repeated;

b) The right to use the veterinary practice certificate shall be suspended for twelve months for violations stipulated in Clauses 2 and 3 of this Article if the violation occurs three or more times or is repeated.

Article 25. Violation of regulations on animal health inspection certificates and veterinary hygiene inspection certificates

1. A warning or a fine from VND 100,000 to VND 300,000 shall be imposed for any of the following violations:

a) Renting out or lending animal health inspection certificates and veterinary hygiene inspection certificates;

b) Adding, erasing, or altering contents recorded in animal health inspection certificates and veterinary hygiene inspection certificates.

2. A fine from VND 2,000,000 to VND 4,000,000 shall be imposed for violations stipulated in Clause 1 of this Article if the violation is committed by organizations or individuals engaged in concentrated animal husbandry, specialized animal trading, or animal product trading.

Article 26. Violation of regulations on other permits and certificates in the field of veterinary medicine

1. A fine from VND 2,000,000 to VND 4,000,000 shall be imposed for the act of renting out, lending, adding, erasing, or altering contents recorded in any of the following types of certificates:

a) Decision on permission to test veterinary drugs;

b) Decision on permission to trial veterinary drugs;

c) Certificate of registration for veterinary drug production;

d) Certificate of registration for veterinary drug import;

đ) State quality testing report for veterinary drugs.

2. Additional forms of punishment:

The relevant certificates shall be revoked for violations stipulated in Clause 1 of this Article.

Article 27. Penalty for trading counterfeit veterinary hygiene seals, labels, and packaging for animals, animal products, and veterinary drugs

1. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of trading counterfeit seals, labels, and packaging for animals, animal products, and veterinary drugs.

2. A fine twice the amount of the monetary penalty stipulated in Clause 1 of this Article shall be imposed for violations stipulated in Clause 1 of this Article if the violation is committed by individuals or organizations producing or importing counterfeit seals, labels, and packaging for animals, animal products, and veterinary drugs.

3. Additional penalties and measures to remedy consequences:

a) Seizure of equipment used to produce counterfeit seals, labels, and packaging for violations stipulated in Clause 2 of this Article;

b) Seizure and destruction of counterfeit seals, labels, and packaging for violations stipulated in this Article when the measure stipulated in point a of Clause 3 of this Article cannot be applied;

c) Compulsory destruction of counterfeit seals, labels, and packaging for violations stipulated in this Article.

Article 28. Violation of obstructing public officials in the performance of their duties

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) Failure to declare or report truthfully as required by authorized persons or agencies;

b) Obstructing, hindering, or evading inspections conducted by authorized persons or agencies.

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

a) Insulting, defaming, or assaulting authorized persons or agencies conducting inspections;

b) Intentionally delaying or evading compliance with administrative decisions issued by authorized persons or agencies.

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

a) Unauthorized removal of seals or tampering with evidence, means of transport, or premises under seal or temporary detention, or unauthorized alteration of the scene of administrative violations;

b) Concealing, altering, or substituting evidence, means of transport, or premises under inspection or temporary detention;

c) Storing, harboring, or consuming evidence, means of transport, or premises under inspection or temporary detention that have been concealed.

4. Measures to remedy consequences:

a) Compulsory recovery of concealed evidence, means of transport for violations stipulated in point b and c of Clause 3 of this Article;

b) Compulsory enforcement of decisions made by authorized agencies or persons for violations stipulated in Clauses 1 and 2 of this Article;

c) Compulsory implementation of remedial measures for violations stipulated in point a of Clause 3 of this Article.

Chapter III

AUTHORITY AND PROCEDURES FOR IMPOSING PENALTIES FOR ADMINISTRATIVE VIOLATIONS

Article 29. Administrative Sanctioning Authority of Specialized Inspectors

1. Specialized inspectors performing their duties have the authority to:

a) Issue a warning or impose a fine up to 200,000 VND;

b) Confiscate property, means of transportation used for administrative violations with a value up to 2,000,000 VND;

c) Apply remedial measures prescribed at points a, b, c, e, g, h, i, k, l, m, clause 3, Article 7 of this Decree.

2. The Head of the Department of Agriculture and Rural Development Inspectorate has the authority to:

a) Issue a warning or impose a fine up to 20,000,000 VND;

b) Revoke the right to use licenses, certificates, veterinary practice certificates;

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

d) Apply remedial measures prescribed at points a, b, c, đ, e, g, h, i, k, l, m, n, o, p, q, clause 3, Article 7 of this Decree.

3. The Head of the Ministry of Agriculture and Rural Development Inspectorate has the authority to:

a) Issue a warning or impose a fine up to 30,000,000 VND;

b) Revoke the right to use licenses, certificates, veterinary practice certificates;

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

d) Apply remedial measures prescribed at points a, b, c, đ, e, g, h, i, k, l, m, n, o, p, q, clause 3, Article 7 of this Decree.

Article 30. Administrative Sanctioning Authority of People's Committees at Various Levels

1. The Chairman of the People's Committee of communes has the authority to sanction administrative violations stipulated in Chapter II of this Decree within the local management area including:

a) Issue a warning or impose a fine up to 500,000 VND;

b) Confiscate property, means of transportation used for administrative violations with a value up to 500,000 VND;

c) Apply remedial measures prescribed at points a, b, c, h, i, k, l, m, clause 3, Article 7 of this Decree.

2. The Chairman of the People's Committee of districts has the authority to sanction administrative violations stipulated in Chapter II of this Decree within the local management area including:

a) Issue a warning or impose a fine up to 20,000,000 VND;

b) Confiscate property, means of transportation used for administrative violations;

c) Apply remedial measures prescribed at points a, b, c, e, g, i, k, l, m, clause 3, Article 7 of this Decree.

3. The Chairman of the People's Committee of provinces has the authority to sanction administrative violations stipulated in Chapter II of this Decree within the local management area including:

a) Issue a warning or impose a fine up to the maximum level prescribed in this Decree;

b) Revoke the right to use licenses, certificates, veterinary practice certificates;

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

d) Apply remedial measures prescribed at clause 3, Article 7 of this Decree.

Article 31. Administrative Sanctioning Authority of Other Agencies

1. In addition to those with sanctioning authority as prescribed in Articles 29 and 30 of this Decree, other agencies' personnel with administrative sanctioning authority according to the Administrative Violation Handling Ordinance within the scope of their assigned functions and tasks, upon discovering administrative violations stipulated in this Decree within their areas or fields of management, shall have the authority to sanction.

2. In cases where administrative violations fall under the jurisdiction of multiple agencies, the agency that first receives the case shall handle it.

Article 32. Procedures for Administrative Sanctions

1. Procedures for administrative sanctions in the field of veterinary science shall be carried out in accordance with the Administrative Violation Handling Ordinance and Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance.

2. All administrative violation cases subject to sanctions must be recorded in files and kept fully at the sanctioning agency for the duration prescribed by law.

The procedures for recording minutes and issuing sanction decisions must comply with the procedures prescribed in Articles 54, 55, and 56 of the Administrative Violation Handling Ordinance and Articles 19, 20, and 21 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance.

3. The procedures for imposing fines and paying fines must comply with the procedures prescribed in Articles 57 and 58 of the Administrative Violation Handling Ordinance and Article 25 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance.

4. The procedures for revoking the right to use licenses, certificates, veterinary practice certificates in the field of veterinary science shall be carried out in accordance with the provisions of Article 59 of the Administrative Violation Handling Ordinance.

5. The procedures for confiscating and handling property, means of transportation involved in administrative violations in the field of veterinary science shall be carried out in accordance with the provisions of Articles 60, 61 of the Administrative Violation Handling Ordinance and Articles 31, 32, 33, and 34 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing the implementation of certain provisions of the Administrative Violation Handling Ordinance.

Article 33. Enforcement of Administrative Sanction Decisions and Compulsory Execution of Administrative Sanction Decisions in the Field of Veterinary Medicine

1. Individuals and organizations violating administrative regulations in the field of veterinary medicine and subject to administrative sanctions under this Decree must comply with the sanction decision within ten days from the date they receive the decision, except for cases stipulated in Article 65 of the Ordinance on Handling Administrative Violations.

2. If individuals and organizations subject to administrative sanctions in the field of veterinary medicine fail to voluntarily comply with or intentionally evade compliance with the sanction decision beyond the time limit specified in Clause 1 of this Article, compulsory execution shall be imposed. Individuals and organizations subject to compulsory execution must bear all costs associated with organizing the implementation of compulsory measures. The procedures for compulsory execution are governed by Articles 66 and 67 of the Ordinance on Handling Administrative Violations and Decree No. 37/2005/NĐ-CP dated March 18, 2005, which stipulates the procedures for applying compulsory measures to enforce administrative sanction decisions.

Chapter IV

APPEAL AND COMPLAINT

Article 34. Complaints, Accusations, and Resolution of Complaints and Accusations

1. Individuals and organizations subject to administrative sanctions, or their legitimate representatives, have the right to lodge complaints about administrative sanction decisions or decisions applying preventive measures against administrative violations according to the laws on complaints and accusations.

2. Filing a complaint about an administrative sanction decision does not suspend the enforcement of the administrative sanction decision in the field of veterinary medicine.

3. Individuals have the right to report to competent state agencies any administrative violations in the field of veterinary medicine committed by individuals and organizations as prescribed in this Decree; to report acts of law violation by authorized persons imposing administrative sanctions in the field of veterinary medicine according to the laws.

4. The procedures, formalities, deadlines, and authority for lodging complaints and accusations and resolving complaints and accusations regarding administrative sanctions in the field of veterinary medicine shall be carried out in accordance with the laws on complaints and accusations and resolution of complaints and accusations.

Chapter V

IMPLEMENTING PROVISIONS

Article 35. Effective Date

This Decree takes effect fifteen days after its publication in the Official Gazette and replaces the Provisions on Administrative Sanctions in Veterinary Work issued together with Decree No. 93/CP dated November 27, 1993, of the Government.

Article 36. Responsibility for Guidance on Implementation

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

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees of provinces and centrally-administered cities are responsible for organizing and enforcing this Decree./.