Decree No. 14/2021/NĐ-CP on administrative penalties for violations in animal husbandry

DECREE

Regulations on Administrative Sanctions for Livestock Breeding

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On the basis of Law on Government Organization dated June 19, 2015; Law Amending and Supplementing Certain Provisions of the Law on Government Organization and the Law on Local Administration dated November 22, 2019;

On the basis of Law on Handling Administrative Violations dated June 20, 2012;

On the basis of Law on Livestock Breeding dated November 19, 2018;

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

The Government issues this Decree to regulate administrative sanctions for livestock breeding.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violations, forms of administrative sanctions, levels of fines, measures to remedy consequences, authority to issue administrative violation notices, and authority to impose administrative sanctions for acts of administrative violations related to livestock breeding.

2. Other acts of administrative violations related to livestock breeding not provided for in this Decree shall be subject to regulations in other decrees of the Government on administrative sanctions in relevant state management fields.

Article 2. Applicability

1. This Decree applies to organizations and individuals committing administrative violations related to livestock breeding within the territory of Vietnam.

2. Organizations referred to in Clause 1 of this Article include:

a) Economic organizations established in accordance with the Enterprise Law;

b) Economic organizations established in accordance with the Law on Cooperatives;

c) Economic organizations established in accordance with the Investment Law;

d) Political-social organizations, social organizations, and occupational social organizations;

đ) Public service units and other organizations as prescribed by law.

3. Individuals referred to in Clause 1 of this Article are those who do not fall under the provisions of Clause 2 of this Article.

Time Limit for Administrative Penalties

The statute of limitations for administrative sanctions for livestock breeding violations is one year, except for cases involving administrative violations related to the production, purchase, import, export of animal breeds, livestock feed, waste treatment products, livestock products, live animals for food purposes, where the statute of limitations for administrative sanctions is two years.

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

1. For each act of administrative violation related to livestock breeding, organizations and individuals must bear the main form of administrative sanction, which is a fine.

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

a) Revocation of the Training Certificate for Artificial Insemination and Embryo Transfer Techniques for Animal Breeds for a limited period or suspension of activities for a limited period;

a) Compel the recovery of animal breeds, animal breed products, livestock feed, waste treatment products;

b) Compel the recycling of livestock feed products, waste treatment products;

c) Compel the conversion of the purpose of use of livestock feed products, animal breeds, animal breed products, livestock products, waste treatment products;

d) Compel the re-export of livestock feed products, animal breeds, animal breed products, waste treatment products, livestock products, live animals for food purposes;

đ) Compel the destruction of prohibited substances, raw materials not included in the list of permitted raw materials for livestock feed, livestock feed products, animal breeds, animals, animal breed products, waste treatment products, livestock products;

e) Compel the cancellation of livestock feed product testing results, waste treatment product testing results; cancellation of testing and certification results for animal breed lines and breeds;

g) Compel the modification of information on livestock feed product batches, waste treatment product batches on product labels or accompanying technical documents;

h) Cancel the publication of livestock feed product information on the National Single Window Portal and the Ministry of Agriculture and Rural Development's website;

i) Compel the implementation of measures to remediate environmental pollution and report on the results of remediation of violation consequences as prescribed;

k) Compel the correction of livestock feed product information, waste treatment product information on the Ministry of Agriculture and Rural Development's website;

l) Compel the use of imported animals for their intended purpose;

m) Compel the return of illegal profits obtained from implementing the act of administrative violation;

n) Compel the release of swiftlets back into the natural environment;

o) Compel the implementation of noise reduction measures as prescribed;

p) Compel the relocation of animals, livestock farms out of areas not permitted for livestock breeding as prescribed;

q) Compel thermal processing of violative animals as prescribed;

r) Compel a reduction in livestock scale to comply with prescribed distances.

Article 5. Provisions on the amount of fines and authority to impose penalties

1. The maximum amount of fine for a single administrative violation related to animal husbandry as prescribed by laws on handling administrative violations.

2. The amount of fine stipulated in Chapter II of this Decree applies to administrative violations committed by individuals. For organizations committing the same violation, the amount of fine shall be twice the amount of fine imposed on individuals.

3. The authority to impose penalties of the positions specified in Chapter III of this Decree applies to a single administrative violation committed by an individual. In cases involving fines, the authority to impose penalties on organizations shall be twice that on individuals.

Chapter II
ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF ADMINISTRATIVE PENALTY AND MEASURES TO REMEDY CONSEQUENCES

Section 1

VIOLATIONS OF PROVISIONS ON ANIMAL BREEDS

Article 6. Violations of provisions on collecting, preserving, exploiting, and developing genetic resources of animal breeds

1. A fine from 15,000,000 VND to 20,000,000 VND for exploiting genetic resources of animal breeds listed in the Catalogue of Animal Breeds to be Preserved in a manner not in accordance with the content approved by competent state authorities.

2. A fine from 20,000,000 VND to 25,000,000 VND for exploiting genetic resources of animal breeds listed in the Catalogue of Animal Breeds to be Preserved without permission from competent state authorities.

3. A fine from 25,000,000 VND to 30,000,000 VND for slaughtering, buying, selling, destroying, exporting, or using newly discovered genetic resources of animal breeds without the assessment and evaluation results of competent state authorities.

4. A fine from 30,000,000 VND to 40,000,000 VND for damaging or appropriating genetic resources of animal breeds.

5. A fine from 40,000,000 VND to 50,000,000 VND for damaging or appropriating rare and precious genetic resources of animal breeds.

6. Additional forms of punishment

Seizure of evidence of violation for violations stipulated in Clause 1, 2, 3, 4, and 5 of this Article.

Article 7. Violations of provisions on prohibited export of animal breeds; exchange of rare and precious animal breed genetic resources

1. A fine from 15,000,000 VND to 20,000,000 VND for exchanging rare and precious animal breed genetic resources not in accordance with the permitted content by the Minister of Agriculture and Rural Development.

2. A fine from 20,000,000 VND to 30,000,000 VND for exporting or internationally exchanging animal breeds and animal breeding products listed in the Catalogue of Prohibited Exported Animal Breeds for scientific research, exhibitions, and advertising purposes not in accordance with the permitted content by competent state authorities.

3. A fine from 40,000,000 VND to 50,000,000 VND for any of the following violations:

a) Exchanging rare and precious animal breed genetic resources without permission from the Minister of Agriculture and Rural Development;

b) Exporting or internationally exchanging animal breeds and animal breeding products listed in the Catalogue of Prohibited Exported Animal Breeds for scientific research, exhibitions, and advertising purposes without permission from competent state authorities.

4. Additional forms of punishment

Seizure of evidence of violation for violations stipulated in Clause 1, 2, and 3 of this Article.

Article 8. Violations of provisions on importing animal breeds and animal breeding products

1. A fine from 5,000,000 VND to 10,000,000 VND for importing animal breeds and animal breeding products without confirmation of quality and purpose for breeding and creating breeds by competent authorities or organizations recognized by competent authorities of the exporting country.

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

a) Importing semen and embryos from the second time of the same individual breed without notifying the Ministry of Agriculture and Rural Development in writing before importation;

b) Importing male breeding animals from the second time of the same breed and the same production facility without notifying the Ministry of Agriculture and Rural Development in writing before importation.

3. A fine from 15,000,000 VND to 20,000,000 VND for importing male breeding animals, semen, and embryos of livestock for the first time imported into Vietnam without permission from competent state management authorities.

4. Measures to remedy consequences

a) Compelling re-export of animal breeds and animal breeding products for violations stipulated in Clause 1 of this Article; if re-export is not possible, compelling change of usage purpose;

b) Compelling re-export of male breeding animals, semen, and embryos for violations stipulated in Clause 2 and Clause 3 of this Article; if re-export is not possible, compelling change of usage purpose for male breeding animals and compulsory destruction for semen and embryos.

Article 9. Violation of provisions on conditions for breeding, buying, and selling livestock breeding stock

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of buying and selling livestock breeding stock without retaining or updating complete breeding stock records.

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

a) Producing each type of livestock breeding stock without a breeding stock record, without fully updating the breeding stock record; not retaining or retaining incomplete breeding stock records as prescribed;

b) Livestock breeding parent farms for pigs, poultry, breeding farms, and livestock breeding stock production facilities lacking technical staff trained in one of the fields of animal husbandry, veterinary science, or biology.

3. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed for the act of livestock original breed holding facilities, breeding line creation facilities lacking technical staff with a bachelor's degree or higher in one of the fields of animal husbandry, veterinary science, or biology.

4. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of producing and selling new livestock lines and breeds without testing results or recognized scientific and technological tasks at the ministry or national level or permission from competent authorities.

5. Measures to remedy consequences

The violator must recall and change the purpose of using the sold livestock lines and breeds on the market as stipulated in Clause 4 of this Article.

Article 10. Violation of provisions on conditions for breeding, buying, and selling semen, embryos, eggs, and larvae

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed for the act of directly mating male breeding stock for commercial purposes without a breeding stock record; male breeding stock that has not been quality tested.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following violations of the provisions on buying and selling livestock semen and embryos:

a) Storage location not separated or contaminated by plant protection chemicals or harmful chemicals;

b) Lack of record books tracking storage and buying and selling of semen and embryos.

3. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following violations of the provisions on individuals providing artificial insemination and embryo transfer services for livestock:

a) Lack of training certificates in artificial insemination and embryo transfer techniques as prescribed;

b) Lack of records documenting information about the household owner, bull identification number, cow identification number, mating date, and mating sequence as prescribed.

4. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for the act of buying and selling livestock egg and larvae breeding stock without a breeding stock record as prescribed.

5. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed for any of the following violations of the provisions on producing livestock semen, embryos, eggs, and larvae breeding stock:

a) Lack of monitoring records of semen quality indicators during the semen collection and testing period;

b) Lack of specialized equipment meeting technical requirements for producing, testing, evaluating, storing, and transporting semen, embryos, eggs, and larvae;

c) Producing semen from untested individual bull productivity;

d) Collecting eggs from breeding stock not from parent stock or equivalent, except when collected naturally.

Remedial measures

The violator must destroy the semen and eggs as stipulated in points c and d of Clause 5 of this Article.

Article 11. Violations concerning the quality of livestock breeding stock in production and sale

1. A fine of from five million dong to ten million dong shall be imposed for the act of producing or selling livestock breeding stock with each quality index lower than the announced standard for a batch valued under fifty million dong.

2. A fine of from ten million dong to fifteen million dong shall be imposed for the act of producing or selling livestock breeding stock with each quality index lower than the announced standard for a batch valued at fifty million dong or more.

3. Measures to remedy consequences

The livestock breeding stock already sold on the market shall be compulsorily recalled and repurposed for violations stipulated in Clause 1 and Clause 2 of this Article.

Article 12. Violations concerning the testing and certification of livestock breeds and breeding stock

1. A fine of from three million dong to five million dong shall be imposed for the act of not keeping records or keeping incomplete records of the testing and certification process of livestock breeds and breeding stock as prescribed.

2. A fine of from five million dong to seven million dong shall be imposed for the act of conducting tests and certifications without adequate technical facilities.

3. A fine of from seven million dong to ten million dong shall be imposed for the act of conducting tests and certifications without technical staff having a bachelor's degree or higher in one of the following fields: animal husbandry, veterinary medicine, or biology.

4. A fine of from thirty million dong to forty million dong shall be imposed for the act of announcing test and certification results that are not truthful.

5. Additional forms of punishment

Suspension of testing and certification activities of the testing facility for one to three months for violations stipulated in Clause 2 and Clause 3 of this Article.

Remedial measures

Compulsory cancellation of test and certification results for violations stipulated in Clause 2, Clause 3, and Clause 4 of this Article.

Article 13. Violations concerning certificates and permits in managing livestock breeding stock

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following acts of violation:

a) Renting or lending the training certificate on artificial insemination and embryo transfer techniques for livestock breeding stock to others;

b) Practicing artificial insemination and embryo transfer techniques for livestock breeding stock without a training certificate on artificial insemination and embryo transfer techniques for livestock breeding stock.

2. A fine of from five million dong to ten million dong shall be imposed for the act of erasing, altering, or falsifying the content of any of the following documents:

a) Training certificate on artificial insemination and embryo transfer techniques for livestock breeding stock;

b) Export and import permit for livestock breeding stock.

a) Revocation of the right to use the training certificate on artificial insemination and embryo transfer techniques for livestock breeding stock for three to six months for violations stipulated in point a, Clause 1 of this Article;

b) Confiscation of the training certificate on artificial insemination and embryo transfer techniques for livestock breeding stock and export and import permit for livestock breeding stock for violations stipulated in Clause 2 of this Article.

Section 2

VIOLATIONS CONCERNING FEED FOR ANIMAL FEEDING

Article 14. Violations concerning conditions for feed production facilities

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following acts of violation:

a) Not having appropriate production lines and equipment as prescribed;

b) Not having measures to control harmful animals, impurities, and waste causing contamination, affecting the safety and quality of animal feed;

c) Not having measuring equipment and tools calibrated and adjusted as prescribed;

d) Not conducting product quality analysis during the production process;

đ) Not having a technical supervisor or a technical supervisor with unsuitable professional qualifications;

e) Not having solutions for collecting and treating waste to prevent contamination of products;

g) Not designing production areas and arranging equipment according to a one-way flow from raw materials to finished products, ensuring separation between production areas to avoid cross-contamination, except when raw materials and finished products are sealed or production areas are separately arranged;

h) Not having measures to store feed ingredients according to recommendations from organizations or individuals providing them.

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

a) Changing information about organizations or individuals in the Certificate of Eligibility for Feed Production but not going through the procedures to obtain a new certificate as prescribed;

b) Feed production facilities containing antibiotics without measures to ensure they do not spread or cause cross-contamination between different types of antibiotics, between antibiotic-containing feed and non-antibiotic-containing feed.

3. A fine of from ten million dong to fifteen million dong shall be imposed for the act of producing each feed product without announcing product information on the Ministry of Agriculture and Rural Development’s online portal.

4. A fine of from fifteen million dong to twenty million dong shall be imposed for the act of erasing, altering, or falsifying the content in the Certificate of Eligibility for Feed Production.

5. A fine of from twenty million dong to twenty-five million dong shall be imposed for the act of a feed production facility located in an area contaminated by hazardous waste or toxic chemicals without preventive measures against contamination risks.

6. A fine of from twenty-five million dong to thirty million dong shall be imposed for the act of producing feed during a period when production has been suspended by competent state authorities.

7. A fine of from thirty million dong to thirty-five million dong shall be imposed for the act of producing feed without a Certificate of Eligibility for Feed Production.

8. Additional forms of punishment

a) Confiscation of the Certificate of Eligibility for Feed Production for violations stipulated in Clause 4 of this Article;

b) Suspension of feed production activities for one to three months for violations stipulated in Clause 3, Clause 5 of this Article.

9. Remedial measures

Compulsory recall and repurposing of feed products already sold on the market for violations stipulated in Clause 3, Clause 5, Clause 6, and Clause 7 of this Article.

Article 15. Violation of provisions on product information disclosure and obligations of animal feed production establishments

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for the act of changing information on the label of a product that has been published on the Ministry of Agriculture and Rural Development's electronic portal without implementing the required information change announcement as prescribed.

2. A fine of between 3,000,000 VND and 5,000,000 VND shall be imposed for any of the following violations:

a) Failure to retain samples or test results of animal feed as prescribed;

b) Failure to implement quality control procedures or failure to fully comply with the contents within the quality control procedures;

c) Failure to record and retain production logs as prescribed.

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

a) Intentionally altering or erasing to distort the content of various documents or making false declarations in the application dossier for product information publication on the Ministry of Agriculture and Rural Development's electronic portal;

b) Intentionally altering or erasing to distort the content of various documents or making false declarations in the self-declaration dossier for product information publication on the Ministry of Agriculture and Rural Development's electronic portal.

4. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed for the act of obstructing or failing to comply with requirements for monitoring and maintaining production conditions for animal feed.

5. Additional forms of punishment

Suspension of animal feed production activities for a period of one to three months for violations stipulated in Clause 4 of this Article.

Remedial measures

a) Revocation of the published product information on the Ministry of Agriculture and Rural Development's electronic portal for violations stipulated at point a of Clause 3 of this Article;

b) Compelling correction of false information on the Ministry of Agriculture and Rural Development's electronic portal for violations stipulated at point b of Clause 3 of this Article.

Article 16. Violations of quality regulations in animal feed production

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for producing each animal feed product with a quantitative content of each quality index lower than the minimum level or higher than the maximum level by 2% to less than 5% compared to the announced standard or stated on the product label, or each safety index exceeding the maximum level by 2% to less than 5% compared to the corresponding technical regulation or announced standard.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for producing each animal feed product with a quantitative content of each non-primary quality index lower than the minimum level or higher than the maximum level by 5% to less than 15% compared to the announced standard or stated on the product label.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following violations of production regulations for each animal feed product:

a) Having a quantitative content of each non-primary quality index lower than the minimum level or higher than the maximum level by 15% to less than 30% compared to the announced standard or stated on the product label;

b) Having a quantitative content of each primary component lower than the minimum level or higher than the maximum level by 5% to less than 15% compared to the announced standard or stated on the product label.

4. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for any of the following violations of production regulations for each animal feed product:

a) Having a quantitative content of each non-primary quality index lower than the minimum level or higher than the maximum level by 30% or more compared to the announced standard or stated on the product label;

b) Having a quantitative content of each primary component lower than the minimum level or higher than the maximum level by 15% to less than 30% compared to the announced standard or stated on the product label.

5. A fine of VND 20,000,000 to VND 25,000,000 shall be imposed for any of the following violations of production regulations for each animal feed product:

a) Exceeding the maximum threshold for each harmful microorganism index specified in the technical regulation or announced standard;

b) Having a quantitative content of each safety index higher than the maximum level by 5% or more compared to the technical regulation or announced standard.

Remedial measures

Compulsory recycling of the batch of animal feed products for violations stipulated in Clause 2, 3, 4, and 5 of this Article; if recycling is not possible, compulsory conversion to alternative uses; if conversion to alternative uses is not possible, compulsory destruction.

Article 17. Violation of provisions on conditions for facilities engaged in purchasing, selling, and importing livestock feed

1. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed for any of the following violations concerning the conditions for facilities engaged in purchasing and selling livestock feed:

a) Not having equipment or tools to store livestock feed according to the guidance of the organization or individual producing or supplying the feed.

b) Not having measures to prevent harmful animals.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of displaying or storing livestock feed in a place that is not separated or contaminated by plant protection chemicals, fertilizers, or other harmful chemicals.

3. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for import facilities violating any of the following acts:

a) Intentionally altering or erasing information on various types of documents or making false declarations in the registration dossier for quality inspection confirmation of each livestock feed product on the National Single Window Portal.

b) Intentionally altering or erasing information on various types of documents or making false declarations in the application dossier for information publication of each livestock feed product on the Ministry of Agriculture and Rural Development's electronic portal.

c) Intentionally altering or erasing information on various types of documents or making false declarations in the self-declaration dossier for information publication of each livestock feed product on the Ministry of Agriculture and Rural Development's electronic portal.

d) Not having or not renting storage facilities that meet the requirements for ensuring product quality and food safety as prescribed by law and recommendations from organizations or individuals supplying the feed.

4. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed for any of the following violations:

a) Purchasing or selling each livestock feed product that has not been published on the Ministry of Agriculture and Rural Development's electronic portal.

b) Importing livestock feed that has not been published on the Ministry of Agriculture and Rural Development's electronic portal, except for imports for display at trade fairs, exhibitions, adaptive breeding, research, testing, sample analysis in laboratories, production, or processing for export purposes.

5. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for using imported livestock feed products for purposes other than those specified in the import permit for purposes such as display at trade fairs, exhibitions, adaptive breeding, research, testing, sample analysis in laboratories, production, or processing for export purposes.

6. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for providing false information about each consignment of imported livestock feed exempted from state quality inspection on the Ministry of Agriculture and Rural Development's National Single Window Portal.

7. Additional forms of punishment

Suspension of purchasing, selling, and importing activities related to livestock feed for a period of one to three months for violations stipulated in Clause 4 of this Article.

8. Measures to remedy consequences

a) Revocation of the published information on livestock feed products on the National Single Window Portal and the Ministry of Agriculture and Rural Development's electronic portal for violations stipulated in Point b of Clause 3 of this Article;

b) Compelling correction of false information on the Ministry of Agriculture and Rural Development's electronic portal for violations stipulated in Point c of Clause 3 of this Article;

c) Compelling conversion of the purpose of use of the consignment of livestock feed products for violations stipulated in Point a of Clause 4 of this Article; if conversion is not possible, compulsory destruction shall be ordered;

d) Compelling re-export of the consignment of livestock feed products for violations stipulated in Point b of Clause 4 of this Article; if re-export is not possible, compulsory destruction shall be ordered;

đ) Compelling destruction of the consignment of livestock feed products for violations stipulated in Clause 5 of this Article.

Article 18. Violations concerning quality regulations in the purchase and sale of animal feed

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for each act of purchasing or selling animal feed products with the quantitative content of each quality index lower than the minimum level or higher than the maximum level from 2% to less than 5% compared to the published standard or marked on the product label, or each safety index exceeding from 2% to less than 5% compared to the technical regulation or published standard.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for each act of purchasing or selling animal feed products with the quantitative content of each non-primary quality index lower than the minimum level or higher than the maximum level from 5% to less than 15% compared to the published standard or marked on the product label.

3. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for one of the following acts violating the purchase and sale regulations of each animal feed product:

a) Having a quantitative content of each non-primary quality index lower than the minimum level or higher than the maximum level by 15% to less than 30% compared to the announced standard or stated on the product label;

b) Having a quantitative content of each primary component lower than the minimum level or higher than the maximum level by 5% to less than 15% compared to the announced standard or stated on the product label.

4. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed for each act of purchasing or selling animal feed products with the quantitative content of each non-primary quality index lower than the minimum level or higher than the maximum level from 30% or more compared to the published standard or marked on the product label.

5. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for each act of purchasing or selling animal feed products with the quantitative content of each primary quality index lower than the minimum level or higher than the maximum level from 15% to less than 30% compared to the published standard or marked on the product label.

6. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for one of the following acts violating the purchase and sale regulations of each animal feed product:

a) Having each harmful microorganism index exceeding the permissible limit specified in the technical regulation or published standard.

b) Having the quantitative content of each safety index higher than the maximum level from 5% or more compared to the national technical regulation or published standard.

7. Measures to remedy consequences

The violator must recall and recycle the batch of animal feed products for violations stipulated in Clause 2, 3, 4, 5, and 6 of this Article; if recycling is not possible, the violator must change the purpose of use; if changing the purpose of use is not possible, the violator must destroy the products.

Article 19. Violations concerning quality regulations in the importation of animal feed

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for each act of importing animal feed products with the quantitative content of each quality index lower than the minimum level or higher than the maximum level from 2% to less than 5% compared to the published standard or marked on the product label, or each safety index exceeding from 2% to less than 5% compared to the technical regulation or published standard.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for each act of importing animal feed products with the quantitative content of each non-primary quality index lower than the minimum level or higher than the maximum level from 5% to less than 15% compared to the published standard or marked on the product label.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for one of the following acts violating the importation regulations of each animal feed product:

a) Having the quantitative content of each non-primary quality index lower than the minimum level or higher than the maximum level from 15% to less than 30% compared to the published standard or marked on the product label;

b) Having the quantitative content of each primary quality index lower than the minimum level or higher than the maximum level from 5% to less than 15% compared to the published standard or marked on the product label.

4. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for one of the following acts violating the importation regulations of each animal feed product:

a) Having each harmful microorganism index exceeding the permissible limit specified in the technical regulation or published standard;

b) Having the quantitative content of each safety index higher than the maximum level from 5% to less than 30% compared to the technical regulation or published standard;

c) Having the quantitative content of each primary quality index lower than the minimum level or higher than the maximum level from 15% to less than 30% compared to the published standard or marked on the product label;

d) Having the quantitative content of each non-primary quality index lower than the minimum level or higher than the maximum level from 30% or more compared to the published standard or marked on the product label.

5. A fine of VND 20,000,000 to VND 25,000,000 shall be imposed for each act of importing animal feed products with the quantitative content of each safety index higher than the maximum level from 30% or more compared to the technical regulation or published standard.

Remedial measures

a) The violator must correct the quality information on the product label or technical documentation accompanying the batch of animal feed products without affecting the animals for violations stipulated in Clause 1, 2, and 3 of this Article; if correction is not possible, the violator must recycle or change the purpose of use;

b) The violator must recycle the batch of animal feed products for violations stipulated in Clause 4 of this Article; if recycling is not possible, the violator must change the purpose of use; if changing the purpose of use is not possible, the violator must re-export or destroy the products;

c) The violator must change the purpose of use for the batch of animal feed products for violations stipulated in Clause 5 of this Article; if changing the purpose of use is not possible, the violator must re-export or destroy the products.

Article 20. Violation of regulations on the sale, import of expired animal feed and the use of expired raw materials in the production of animal feed

1. The act of selling, importing each product of animal feed that has exceeded its expiration date as marked on the label or accompanying documentation shall be subject to the following penalties:

a) A fine of from VND 200,000 to VND 400,000 where the value of the infringing goods is under VND 1,000,000;

b) A fine of from VND 400,000 to VND 600,000 where the value of the infringing goods is from VND 1,000,000 to under VND 2,000,000;

c) A fine of from VND 600,000 to VND 1,000,000 where the value of the infringing goods is from VND 2,000,000 to under VND 3,000,000;

d) A fine of from VND 1,000,000 to VND 2,000,000 where the value of the infringing goods is from VND 3,000,000 to under VND 5,000,000;

đ) A fine of from VND 2,000,000 to VND 3,000,000 where the value of the infringing goods is from VND 5,000,000 to under VND 10,000,000;

e) A fine of from VND 3,000,000 to VND 5,000,000 where the value of the infringing goods is from VND 10,000,000 to under VND 20,000,000;

g) A fine of from VND 5,000,000 to VND 7,000,000 where the value of the infringing goods is from VND 20,000,000 to under VND 30,000,000;

h) A fine of from VND 7,000,000 to VND 10,000,000 where the value of the infringing goods is from VND 30,000,000 to under VND 40,000,000;

i) A fine of from VND 10,000,000 to VND 15,000,000 where the value of the infringing goods is from VND 40,000,000 to under VND 50,000,000;

k) A fine of from VND 15,000,000 to VND 20,000,000 where the value of the infringing goods is from VND 50,000,000 to under VND 70,000,000;

l) A fine of from VND 20,000,000 to VND 30,000,000 where the value of the infringing goods is from VND 70,000,000 to under VND 100,000,000;

m) A fine of from VND 30,000,000 to VND 40,000,000 where the value of the infringing goods is VND 100,000,000 or more;

2. A fine of from VND 5,000,000 to VND 10,000,000 for the act of not marking or incorrectly marking the production date on the label or accompanying documentation of each product of animal feed during production or import;

3. A fine of from VND 10,000,000 to VND 15,000,000 for the act of producing animal feed using each type of expired raw material or each product of animal feed that has exceeded its expiration date;

4. Measures to remedy consequences

a) Compel the return of all unlawful profits obtained through the implementation of the violation stipulated in Clause 1 of this Article;

b) Compel the recall and change of purpose for the batch of animal feed products for violations stipulated in Clause 1 and Clause 3 of this Article; in cases where it is not possible to change the purpose, compel re-export or destruction;

c) Compel modification of information for the batch of animal feed products for violations stipulated in Clause 2 of this Article.

Article 21. Violation of regulations on the testing of animal feed

1. A fine shall be imposed for one of the following acts of violating regulations on the testing of animal feed at the following levels:

a) A fine of from VND 5,000,000 to VND 10,000,000 for the act of the testing facility failing to retain or retaining insufficiently the records regarding the testing process of animal feed as prescribed;

b) A fine of from VND 10,000,000 to VND 15,000,000 for the act of the testing facility lacking a technical manager with a degree of bachelor's level or higher in one of the following fields: livestock breeding, veterinary science, biology, food technology, post-harvest technology;

c) A fine of from VND 15,000,000 to VND 20,000,000 for the act of the testing facility lacking physical infrastructure and technical equipment meeting the requirements for testing each type of animal feed;

2. A fine of from VND 20,000,000 to VND 25,000,000 for the act of publishing untruthful results of animal feed testing;

3. Additional forms of punishment

Suspend the testing activities of the animal feed testing facility for a period of from one month to three months for violations stipulated in Clause 2 of this Article;

4. Measures to remedy consequences

Compel the cancellation of the testing results of animal feed that have been carried out for violations stipulated in point b and point c of Clause 1, Clause 2 of this Article.

Article 22. Violation of regulations on the production, sale, and import of livestock feed containing antibiotics

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for each product of livestock feed containing antibiotic levels that differ from those stated on the product label or accompanying documentation by 10% to less than 30%.

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

a) Production, sale, and import of each product of livestock feed containing antibiotics without clearly stating the name and quantity of antibiotics, usage instructions, and cessation period on the product label or accompanying documentation;

b) Production, sale, and import of each product of livestock feed containing antibiotic levels differing from those specified in regulations or on the product label or accompanying documentation by 30% or more;

c) Production, import of each product of livestock feed containing antibiotics without a prescription or not according to a prescription issued by a person with a veterinary practice certificate as prescribed by law on animal husbandry.

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

a) Production, import of each product of livestock feed containing antibiotics that are not complete mixed feeds for livestock or ruminants as prescribed;

b) Production, sale, and import of each product of livestock feed containing antibiotics intended for disease prevention in animals other than young animals as prescribed;

c) Production, sale, and import of each product of livestock feed containing antibiotics intended for growth promotion.

4. A fine of from VND 20,000,000 to VND 25,000,000 shall be imposed for production, sale, and import of each product of livestock feed containing antibiotics that are not veterinary drugs permitted for circulation in Vietnam or have not been authorized by competent authorities with a value under VND 200,000,000 or illicit gains under VND 100,000,000.

5. A fine of from VND 25,000,000 to VND 30,000,000 shall be imposed for production, sale, and import of each product of livestock feed containing antibiotics that are not veterinary drugs permitted for circulation in Vietnam or have not been authorized by competent authorities with a value of VND 200,000,000 or more or illicit gains of VND 100,000,000 or more in cases where the investigative authority decides not to initiate criminal proceedings, revoke the decision to initiate criminal proceedings, terminate the investigation, or terminate the case.

Remedial measures

a) Order to correct information on batches of livestock feed containing antibiotics regarding the name of the antibiotic, antibiotic quantity, usage instructions, and cessation period on the product label or accompanying documentation for violations stipulated in point a, Clause 2 of this Article;

b) Order to reprocess batches of livestock feed containing antibiotics in production and sale for violations stipulated in Clause 1 and point b, Clause 2 of this Article; if reprocessing is not possible, order destruction;

c) Order to destroy batches of livestock feed containing antibiotics in production and sale for violations stipulated in point c, Clause 2, Clause 3, Clause 4, and Clause 5 of this Article;

d) Order to re-export batches of livestock feed containing antibiotics in import for violations stipulated in Clause 1, point b and point c, Clause 2, Clause 3, Clause 4, and Clause 5 of this Article; if re-export is not possible, order destruction.

Article 23. Violation of regulations on the use of livestock feed ingredients

1. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of using each type of ingredient not included in the list of permitted livestock feed ingredients to produce livestock feed with a value under VND 200,000,000 or illegal profit under VND 100,000,000.

2. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for the act of using each type of ingredient not included in the list of permitted livestock feed ingredients to produce livestock feed with a value of VND 200,000,000 or more or illegal profit of VND 100,000,000 or more when the investigating authority decides not to initiate criminal proceedings, decides to revoke the decision to initiate criminal proceedings, decides to terminate the investigation or decides to terminate the case.

3. Measures to remedy consequences

a) Order the return of the unlawful profit obtained through the implementation of the violation stipulated in Clause 1 and Clause 2 of this Article;

b) Order the change of purpose of use of the batch of ingredients and the batch of livestock feed products containing ingredients not included in the list of permitted livestock feed ingredients for the violation stipulated in Clause 1 and Clause 2 of this Article; in cases where it is impossible to change the purpose of use, order destruction.

Section 3

VIOLATION OF REGULATIONS ON LIVESTOCK FARMING CONDITIONS

Article 24. Violation of regulations on smallholder farming conditions

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for the act of fraudulent declaration for the purpose of gaining undue benefits.

2. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed for the act of farming in areas not permitted for farming.

3. Measures to remedy consequences

a) Compel the return of all unlawful profits obtained through the implementation of the violation stipulated in Clause 1 of this Article;

b) Order the relocation of animals out of areas not permitted for farming for the violation stipulated in Clause 2 of this Article.

Article 25. Violation of regulations on medium-sized and small-scale farm conditions

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

a) Failure to retain and update complete records regarding the farming process, use of livestock feed, veterinary drugs, vaccines, and other information to ensure traceability;

b) Failure to maintain the required safe distance in farm operations as prescribed.

2. The penalty for violations concerning declaration of farming is as follows:

a) A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for failure to declare;

b) A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for fraudulent declaration for the purpose of gaining undue benefits.

3. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of farming in areas not permitted for farming as prescribed.

4. Measures to remedy consequences

a) Order the reduction of the scale of farming to comply with the prescribed distance for the violation stipulated in point b of Clause 1 of this Article;

b) Order the return of the unlawful profit obtained through the implementation of the violation stipulated in point b of Clause 2 of this Article;

c) Order the relocation of the farm out of areas not permitted for farming for the violation stipulated in Clause 3 of this Article.

Article 26. Violation of regulations on large-scale farm conditions

||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

a) Failure to retain and update complete records regarding the farming process, use of livestock feed, veterinary drugs, vaccines, and other information to ensure traceability;

b) Changing information about organizations or individuals in the Certificate of Compliance with Farming Conditions that has been issued but failing to register for reissue of the Certificate of Compliance with Farming Conditions;

c) Failure to maintain the required safe distance in farm operations as prescribed.

2. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed for the act of evading, obstructing or failing to comply with requirements for conducting monitoring and supervision to maintain farming conditions.

3. A fine of from VND 7,000,000 to VND 10,000,000 shall be imposed for the act of altering, erasing or tampering with the content in the Certificate of Compliance with Farming Conditions.

4. The penalty for violations concerning declaration of farming is as follows:

a) A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for failure to declare;

b) A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for fraudulent declaration for the purpose of gaining undue benefits.

5. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for the act of conducting farming activities without a Certificate of Compliance with Farming Conditions.

6. A fine of from VND 20,000,000 to VND 25,000,000 shall be imposed for the act of farming in areas not permitted for farming.

7. Additional forms of punishment

Seize the Certificate of Compliance with Farming Conditions for the violation stipulated in Clause 3 of this Article.

8. Measures to remedy consequences

a) Order the reduction of the scale of farming to comply with the prescribed distance for the violation stipulated in point c of Clause 1 of this Article;

b) Order the return of the unlawful profit obtained through the implementation of the violation stipulated in point b of Clause 4 of this Article;

c) Order the relocation of the farming farm out of areas not permitted for farming for the violation stipulated in Clause 6 of this Article.

Article 27. Violation of regulations on swiftlet house operation

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of using loudspeakers to emit sounds to attract swiftlets where the swiftlet house is located within a residential area and is less than 300 meters away from the residential area, and such activity commenced prior to the effective date of Decree No. 13/2020/NĐ-CP.

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

a) Using sound-emitting devices to attract swiftlets exceeding the maximum permissible noise level as prescribed;

b) Emitting sounds to attract swiftlets outside the time period as prescribed.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of hunting, luring swiftlets for purposes other than raising swiftlets for edible nest production or scientific research.

4. Additional forms of administrative punishment:

Seizure of objects used to commit the violation stipulated in Clause 3 of this Article.

5. Measures to remedy consequences

a) Compel the implementation of noise reduction measures as prescribed for the violation stipulated in Point a of Clause 2 of this Article;

b) Compel the release of swiftlets back into the natural environment for the violation stipulated in Clause 3 of this Article.

Article 28. Violation of regulations on the use of prohibited substances and feed containing antibiotics in animal husbandry

1. The act of using feed containing antibiotics not in accordance with the instructions of the organization or individual producing or supplying the feed shall be penalized as follows:

a) A fine of VND 500,000 to VND 1,000,000 shall be imposed for small-scale farms;

b) A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for medium-scale farms;

c) A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for large-scale farms.

2. The act of failing to record the use of feed containing antibiotics for disease prevention in young animals or treatment of diseased animals shall be penalized as follows:

a) A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for small-scale farms;

b) A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for medium-scale farms;

c) A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for large-scale farms.

3. The act of using feed containing antibiotics for growth promotion shall be penalized as follows:

a) A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for household farms;

b) A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for small-scale farms;

c) A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for medium-scale farms;

d) A fine of VND 7,000,000 to VND 10,000,000 shall be imposed for large-scale farms.

4. The act of using prohibited substances in animal husbandry shall be penalized as follows:

a) A fine of VND 50,000,000 to VND 60,000,000 shall be imposed for each prohibited substance used in animal husbandry that does not reach the threshold for criminal prosecution;

b) A fine of VND 70,000,000 to VND 80,000,000 shall be imposed for each prohibited substance used in animal husbandry that reaches the threshold for criminal prosecution but the investigating authority has decided not to initiate a criminal case, revoke the decision to initiate a criminal case, terminate the investigation, or terminate the criminal proceedings.

5. Measures to remedy consequences

a) Compel the change of purpose of use of feed containing antibiotics for the violation stipulated in Clause 3 of this Article; if it is not possible to change the purpose of use, compel destruction;

b) Compel the destruction of prohibited substances and animals that have been used with prohibited substances for the violation stipulated in Clause 4 of this Article.

Article 29. Violations concerning animal husbandry activities, humane treatment of animals, and land animal slaughter control

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for the act of beating or cruelly mistreating animals.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on centralized slaughter facilities that commit any of the following violations:

a) Not having a place to keep animals clean before slaughter.

b) Beating animals before slaughter.

c) Not having measures to render animals unconscious before slaughter.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for acts of obstructing, destroying, or illegally infringing upon lawful animal husbandry activities.

4. The act of introducing foreign objects, forcibly pumping water, or other substances into the body of land animals before slaughter shall be penalized as follows:

a) A fine of VND 5,000,000 to VND 10,000,000 shall be imposed where the total weight of violating animals is less than 100 kg.

b) A fine of VND 10,000,000 to VND 20,000,000 shall be imposed where the total weight of violating animals is from 100 kg to less than 500 kg.

c) A fine of VND 20,000,000 to VND 30,000,000 shall be imposed where the total weight of violating animals is from 500 kg to less than 1,000 kg.

d) A fine of VND 30,000,000 to VND 50,000,000 shall be imposed where the total weight of violating animals is 1,000 kg or more.

5. Additional forms of punishment:

a) Seizure of the evidence of violation for the act of destroying animal husbandry activities as stipulated in Clause 3 of this Article.

b) Suspension of operation of the facility for one to six months for the violation as stipulated in Clause 4 of this Article.

Remedial measures

Forced thermal processing of animals involved in the violation as stipulated in Clause 4 of this Article; in case of recurrence, forced destruction shall be imposed.

Article 30. Violations concerning the handling of livestock waste from farms

1. Acts violating the national technical standards for the handling of solid organic waste shall be penalized as follows:

a) A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for small-scale farms;

b) A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for medium-scale farms;

c) A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for large-scale farms.

2. Acts violating the national technical standards for the handling of livestock wastewater for crops shall be penalized as follows:

a) A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for small-scale farm livestock.

b) A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for medium-scale farm livestock.

c) A fine of VND 7,000,000 to VND 10,000,000 shall be imposed for large-scale farm livestock.

3. Acts violating the national technical standards for livestock emissions from animal husbandry activities shall be penalized as follows:

a) A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for small-scale farm livestock.

b) A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for medium-scale farm livestock.

c) A fine of VND 7,000,000 to VND 10,000,000 shall be imposed for large-scale farm livestock.

4. Measures to remedy consequences

Forced implementation of measures to mitigate environmental pollution and reporting the results of mitigation within the time limit set by the competent authority in the administrative penalty decision for the violation as stipulated in Clause 3 of this Article.

Article 31. Violations concerning the handling of livestock waste from households

1. A fine of VND 500,000 to VND 1,000,000 shall be imposed for failing to implement measures to ensure environmental hygiene and causing impact on surrounding people regarding livestock manure and wastewater.

2. Measures to remedy consequences

Forced implementation of measures to mitigate environmental pollution and reporting the results of mitigation within the time limit set by the competent authority in the administrative penalty decision for the violation as stipulated in Clause 1 of this Article.

Article 32. Violation of regulations on the sale and import of livestock waste treatment products

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

a) Selling each livestock waste treatment product with quality lower than the minimum level or higher than the maximum level by 5% or more compared to the published standards;

b) Importing each livestock waste treatment product with quality lower than the minimum level or higher than the maximum level by 5% or more compared to the published standards.

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

a) Selling each livestock waste treatment product without having the product information announced on the Ministry of Agriculture and Rural Development's online portal;

b) Importing each livestock waste treatment product without having the product information announced on the Ministry of Agriculture and Rural Development's online portal.

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

a) Selling livestock waste treatment products during the period when the competent state authority suspends the sale of livestock waste treatment products;

b) Importing livestock waste treatment products during the period when the competent state authority suspends the import of livestock waste treatment products.

4. Additional forms of punishment

Suspend the sale and import of livestock waste treatment products for a period of from one month to three months for violations stipulated in Clause 2 of this Article.

5. Measures to remedy consequences

a) Compel the recall and change of purpose of use of livestock waste treatment products for violations stipulated at point a of Clause 1, point a of Clause 2, and point a of Clause 3 of this Article; if it is not possible to change the purpose of use, then compel destruction;

b) Compel the re-export of livestock waste treatment products for violations stipulated at point b of Clause 1, point b of Clause 2, and point b of Clause 3 of this Article; if it is not possible to re-export, then compel the change of purpose of use; if it is not possible to change the purpose of use, then compel destruction.

Article 33. Violation of regulations for production facilities of livestock waste treatment products

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for one of the following acts of violation:

a) Not having a technical supervisor with a bachelor's degree or higher in one of the following fields: animal husbandry, veterinary science, chemistry, biotechnology, environmental technology;

b) Not conducting quality analysis of livestock waste treatment products during the production process;

c) Not having appropriate production lines and equipment;

d) Not having sufficient measuring devices to monitor quality and ensure accuracy according to the provisions of the law on measurement;

đ) Not having storage facilities for products;

e) Not having equipment to create, maintain, and cultivate microorganisms safely for people and the environment in cases where the production facility produces biomass microorganisms to produce livestock waste treatment products.

2. Fine from VND 5,000,000 to VND 10,000,000 for intentionally altering or erasing to distort the content of various types of documents or making false declarations in the announcement information file of each livestock waste treatment product on the Ministry of Agriculture and Rural Development's online portal.

3. Fine from VND 10,000,000 to VND 15,000,000 for producing each livestock waste treatment product with quality lower than the minimum level or higher than the maximum level by 5% or more compared to the published standards.

4. Fine from VND 15,000,000 to VND 20,000,000 for producing each livestock waste treatment product without having the product information announced on the Ministry of Agriculture and Rural Development's online portal.

5. Fine from VND 20,000,000 to VND 30,000,000 for producing livestock waste treatment products during the period when the competent state authority suspends production.

6. Additional forms of punishment

Suspend the production of livestock waste treatment products for a period of from one month to three months for violations stipulated in Clause 4 of this Article.

7. Measures to remedy consequences

a) Compel correction of false information on the Ministry of Agriculture and Rural Development's online portal for violations stipulated in Clause 2 of this Article;

b) Compel recycling of livestock waste treatment products for violations stipulated in Clause 3 of this Article; if recycling is not possible, then compel changing the purpose of use;

c) Compel changing the purpose of use of livestock waste treatment products for violations stipulated in Clause 4 and Clause 5 of this Article; if changing the purpose of use is not possible, then compel destruction.

Article 34. Violation of regulations on testing livestock waste treatment products

1. A fine of from 10,000,000 VND to 20,000,000 VND for one of the following violations:

a) Not having material bases, technical equipment meeting the requirements for testing each livestock waste treatment product;

b) Not having a technical person in charge with a bachelor's degree or higher in one of the following majors: livestock breeding, veterinary science, chemistry, biotechnology, environmental technology;

c) Not having facilities to raise and maintain microorganisms for testing purposes when the testing facility tests microbial products used to treat livestock waste;

d) Not keeping records or not keeping complete records of the results of testing livestock waste treatment products as prescribed.

2. A fine of from 20,000,000 VND to 25,000,000 VND shall be imposed for the act of announcing untruthful test results of livestock waste treatment products.

3. Additional forms of punishment

Suspension of testing activities of the testing facility for livestock waste treatment products for a period of from one month to three months for violations stipulated in point b, clause 1 and clause 2 of this Article.

4. Measures to remedy consequences

Compelling the cancellation of the test results of livestock waste treatment products already conducted for acts stipulated in point b and point c, clause 1 and clause 2 of this Article.

Article 35. Violation of regulations on importing livestock products and live animals for food

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

a) Importing live animals for food but retaining them for breeding purposes for commercial purposes;

b) Importing each livestock product containing prohibited substances in livestock breeding that has not reached the level of criminal prosecution.

2. A fine of from 40,000,000 VND to 50,000,000 VND shall be imposed for the act of importing each type of live animal using prohibited substances in livestock breeding for food that has not reached the level of criminal prosecution.

3. Measures to remedy consequences

a) Compelling the use of animals for the purpose of importation for the violation stipulated in point a, clause 1 of this Article;

b) Compelling the re-export of animals and livestock products for the violation stipulated in point b, clause 1 and clause 2 of this Article; in case re-export is not possible, compulsory destruction shall be enforced.

Chapter III
AUTHORITY TO ISSUE VIOLATION RECORDS AND ADMINISTRATIVE PENALTIES

Article 36. Authority to issue administrative violation records

1. The authority to issue administrative violation records concerning livestock breeding includes:

a) Persons authorized to impose administrative penalties concerning livestock breeding as prescribed in Articles 37 to 43 of this Decree;

b) Civil servants and officials in agencies prescribed in Articles 37, 38, 42, and 43 of this Decree assigned the task of inspecting and detecting administrative violations concerning livestock breeding;

c) Personnel belonging to the People's Army and Public Security prescribed in Articles 39, 40, and 41 of this Decree assigned the task of inspecting and detecting administrative violations concerning livestock breeding.

2. The persons authorized to issue records as prescribed in clause 1 of this Article shall be responsible for issuing decisions on penalties within their authority or transferring such decisions to competent authorities prescribed in Articles 37 to 43 of this Decree.

Article 37. Authority of Chairpersons of People's Committees at all levels to impose administrative penalties

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

a) Imposing fines up to 5,000,000 VND in the fields of livestock breeding stock, livestock feed, and breeding conditions;

b) Confiscating administrative violation objects with a value not exceeding the fine amount prescribed in point a of this clause;

c) Applying remedial measures prescribed in points d and i of clause 3 of Article 4 of this Decree.

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

a) Imposing fines up to 25,000,000 VND in the field of livestock breeding stock; 50,000,000 VND in the field of livestock feed and breeding conditions;

b) Suspending activities for a limited time or revoking the right to use certificates on artificial insemination and embryo transfer techniques issued by competent authorities for a limited time;

c) Confiscating administrative violation objects with a value not exceeding the fine amount prescribed in point a of this clause;

d) Applying remedial measures prescribed in points a, b, c, d, g, h, i, k, l, m, n, o, p, q, and r of clause 3 of Article 4 of this Decree.

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

a) Imposing fines up to 50,000,000 VND in the field of livestock breeding stock; 100,000,000 VND in the field of livestock feed and breeding conditions;

b) Suspending activities for a limited time or revoking the right to use certificates on artificial insemination and embryo transfer techniques issued by competent authorities for a limited time;

c) Confiscating administrative violation objects;

d) Applying remedial measures prescribed in Article 4, Clause 3 of this Decree.

Article 38. Competence to impose administrative penalties of inspectors

1. Inspectors, persons assigned to perform specialized inspection tasks in animal breeding, veterinary, while performing their duties have the right:

a) To impose fines up to VND 500,000 for the fields of livestock breeding seeds, livestock feed, and breeding conditions;

b) To confiscate contraband items with a value not exceeding the fine amount prescribed in point a of this clause.

2. Inspectors, persons assigned to perform specialized inspection tasks in managing the quality of agricultural, forestry, and aquatic products while performing their duties have the right:

a) To impose fines up to VND 500,000 for the field of breeding conditions;

b) To confiscate contraband items with a value not exceeding the fine amount prescribed in point a of this clause.

3. Inspectors, persons assigned to perform specialized inspection tasks in plant protection while performing their duties have the right:

a) To impose fines up to VND 500,000 for the field of livestock feed;

b) To confiscate contraband items with a value not exceeding the fine amount prescribed in point a of this clause.

4. The Chief Inspector of the Department of Agriculture and Rural Development, the Director of the Agency responsible for specialized management of animal breeding and veterinary; the Head of the specialized inspection team of the Livestock Breeding Agency; the Head of the specialized inspection team of the Department of Agriculture and Rural Development; the Head of the specialized inspection team of the Agency responsible for specialized management of animal breeding and veterinary have the right:

a) Imposing fines up to 25,000,000 VND in the field of livestock breeding stock; 50,000,000 VND in the field of livestock feed and breeding conditions;

b) Suspending activities for a limited time or revoking the right to use certificates on artificial insemination and embryo transfer techniques issued by competent authorities for a limited time;

c) Confiscating administrative violation objects with a value not exceeding the fine amount prescribed in point a of this clause;

d) To apply remedial measures provided for in points a, b, c, d, đ, e, g, h, k, l, m, n, o, p, q, and r of Clause 3, Article 4 of this Decree.

5. The Director of the Agency responsible for specialized management of plant protection; the Head of the specialized inspection team of the Plant Protection Agency have the right:

a) To impose fines up to VND 50,000,000 for the field of livestock feed;

b) Confiscating administrative violation objects with a value not exceeding the fine amount prescribed in point a of this clause;

c) To apply remedial measures provided for in points a, b, c, d, đ, g, h, k, and m of Clause 3, Article 4 of this Decree.

6. The Director of the Agency responsible for specialized management of the quality of agricultural, forestry, and aquatic products; the Head of the specialized inspection team of the Quality Management Agency of Agricultural, Forestry, and Aquatic Products have the right:

a) To impose fines up to VND 50,000,000 for the field of breeding conditions;

b) Confiscating administrative violation objects with a value not exceeding the fine amount prescribed in point a of this clause;

c) To apply remedial measures provided for in points c, d, đ, l, and q of Clause 3, Article 4 of this Decree.

7. The Head of the specialized inspection team of the Animal Health Agency has the right:

a) To impose fines up to VND 50,000,000 for the fields of livestock feed and breeding conditions;

b) To suspend activities for a limited period;

c) Confiscating administrative violation objects with a value not exceeding the fine amount prescribed in point a of this clause;

d) To apply remedial measures provided for in points a, b, c, d, đ, g, h, k, l, m, and q of Clause 3, Article 4 of this Decree.

8. The Head of the specialized inspection team on animal breeding of the Ministry of Agriculture and Rural Development has the right:

a) To impose fines up to VND 35,000,000 for the field of livestock breeding seeds; VND 70,000,000 for the fields of livestock feed and breeding conditions;

b) Suspending activities for a limited time or revoking the right to use certificates on artificial insemination and embryo transfer techniques issued by competent authorities for a limited time;

c) Confiscating administrative violation objects with a value not exceeding the fine amount prescribed in point a of this clause;

d) To apply remedial measures provided for in Clause 3, Article 4 of this Decree.

9. The Chief Inspector of the Ministry of Agriculture and Rural Development, the Director of the Livestock Breeding Agency have the right:

a) To impose fines up to VND 50,000,000 for the field of livestock breeding seeds; VND 100,000,000 for the fields of livestock feed and breeding conditions;

b) Suspending activities for a limited time or revoking the right to use certificates on artificial insemination and embryo transfer techniques issued by competent authorities for a limited time;

c) Confiscating administrative violation objects;

d) To apply remedial measures provided for in Clause 3, Article 4 of this Decree.

10. The Director of the Animal Health Agency has the right:

a) To impose fines up to VND 100,000,000 for the fields of livestock feed and breeding conditions;

b) To confiscate contraband items;

c) To apply remedial measures provided for in points a, b, c, d, đ, g, h, k, l, m, and q of Clause 3, Article 4 of this Decree.

11. The Director of the Plant Protection Agency has the right:

a) To impose fines up to VND 100,000,000 for the field of livestock feed;

b) To confiscate contraband items;

c) To apply remedial measures provided for in points a, b, c, d, đ, g, h, k, and m of Clause 3, Article 4 of this Decree.

12. The Director of the Quality Management Agency of Agricultural, Forestry, and Aquatic Products has the right:

a) To impose fines up to VND 100,000,000 for the field of breeding conditions;

b) To confiscate contraband items;

c) To apply remedial measures provided for in points c, d, đ, l, and q of Clause 3, Article 4 of this Decree.

Article 39. Administrative Offense Penalty Authority of the People's Public Security

1. A People's Public Security soldier performing official duties has the authority to impose fines up to VND 500,000 for the fields of livestock breeds, animal feed, and breeding conditions.

2. The Station Chief and Team Leader of the person specified in Clause 1 of this Article have the authority to impose fines up to VND 1,500,000 for the fields of livestock breeds, animal feed, and breeding conditions.

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

a) Imposing fines up to VND 2,500,000 for the fields of livestock breeds, animal feed, and breeding conditions;

b) To confiscate contraband items with a value not exceeding the fine amount prescribed in point a of this clause.

4. The Head of the County Public Security Office, the Head of the Traffic Police Department under the Traffic Police Corps; the Provincial Public Security Office including the Head of the Environmental Crime Prevention Police Department, the Economic Security Department have the authority:

a) To impose fines up to VND 10,000,000 for the field of livestock breeds; VND 20,000,000 for the fields of animal feed and breeding conditions;

b) To suspend activities for a limited period;

c) Confiscating administrative violation objects with a value not exceeding the fine amount prescribed in point a of this clause;

d) To apply remedial measures prescribed in Points c, đ, g, h, i, n, p, q, and r of Clause 3 of Article 4 of this Decree.

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

a) Imposing fines up to 25,000,000 VND in the field of livestock breeding stock; 50,000,000 VND in the field of livestock feed and breeding conditions;

b) To suspend activities for a limited period;

c) Confiscating administrative violation objects with a value not exceeding the fine amount prescribed in point a of this clause;

d) To apply remedial measures prescribed in Points c, đ, g, h, i, m, n, p, q, and r of Clause 3 of Article 4 of this Decree.

6. The Director of the Environmental Crime Prevention Police Corps; the Director of the Traffic Police Corps; the Director of the Economic Security Police Corps have the authority:

a) To impose fines up to VND 50,000,000 for the field of livestock breeding seeds; VND 100,000,000 for the fields of livestock feed and breeding conditions;

b) To suspend activities for a limited period;

c) Confiscating administrative violation objects;

d) To apply remedial measures prescribed in Points c, đ, g, h, i, m, n, p, q, and r of Clause 3 of Article 4 of this Decree.

Article 40. Administrative Offense Penalty Authority of the Vietnam Coast Guard

1. A Vietnam Coast Guard officer performing official duties has the authority to impose fines up to VND 1,000,000 for the field of livestock breeds; VND 1,500,000 for the field of animal feed and breeding conditions.

2. The Team Leader of the Vietnam Coast Guard's Professional Team has the authority to impose fines up to VND 2,500,000 for the field of livestock breeds; VND 5,000,000 for the field of animal feed and breeding conditions.

3. The Team Leader of the Vietnam Coast Guard's Professional Team, the Station Chief of the Vietnam Coast Guard Station have the authority to impose fines up to VND 5,000,000 for the field of livestock breeds; VND 10,000,000 for the field of animal feed and breeding conditions.

4. The maritime squadron commander have the right to:

a) Imposing fines up to VND 10,000,000 for the field of livestock breeds; VND 20,000,000 for the field of animal feed and breeding conditions;

b) Confiscating administrative violation objects with a value not exceeding the fine amount prescribed in point a of this clause;

c) Applying remedial measures prescribed in Points c, d, đ, and g of Clause 3 of Article 4 of this Decree.

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

a) Imposing fines up to VND 15,000,000 for the field of livestock breeds; VND 30,000,000 for the field of animal feed and breeding conditions;

b) Confiscating administrative violation objects with a value not exceeding the fine amount prescribed in point a of this clause;

c) Applying remedial measures prescribed in Points c, d, đ, and g of Clause 3 of Article 4 of this Decree.

6. The Commander of the Vietnam Coast Guard Zone has the authority:

a) Imposing fines up to 25,000,000 VND in the field of livestock breeding stock; 50,000,000 VND in the field of livestock feed and breeding conditions;

b) Confiscating contraband items with a value not exceeding the fine amount prescribed in Point a of this clause;

c) Applying remedial measures prescribed in Points c, d, đ, and g of Clause 3 of Article 4 of this Decree.

7. The commander of the Vietnam Coast Guard have the right to:

a) To impose fines up to VND 50,000,000 for the field of livestock breeding seeds; VND 100,000,000 for the fields of livestock feed and breeding conditions;

b) To suspend activities for a limited period;

c) Confiscating administrative violation objects;

d) Applying remedial measures prescribed in Points c, d, đ, and g of Clause 3 of Article 4 of this Decree.

Article 41. Administrative Offense Penalty Authority of the Border Guard Force

1. A Border Guard Force soldier performing official duties has the authority to impose fines up to VND 500,000 for the fields of livestock breeds, animal feed, and breeding conditions.

2. The Station Chief and Team Leader of the Border Guard Force soldiers have the authority to impose fines up to VND 2,500,000 for the fields of livestock breeds, animal feed, and breeding conditions.

3. The Border Guard Post Commander, the Maritime Squadron Commander, the Commanding Officer of the Border Guard Command at the Port Gate have the authority:

a) Imposing fines up to VND 10,000,000 for the field of livestock breeds; VND 20,000,000 for the field of animal feed and breeding conditions;

b) Confiscating administrative violation objects with a value not exceeding the fine amount prescribed in point a of this clause;

c) Applying remedial measures prescribed in Points c, đ, and g of Clause 3 of Article 4 of this Decree.

4. The Provincial Border Guard Commanding Officer, the Maritime Battalion Commander under the Border Guard Force General Command have the authority:

a) To impose fines up to VND 50,000,000 for the field of livestock breeding seeds; VND 100,000,000 for the fields of livestock feed and breeding conditions;

b) To suspend activities for a limited period;

c) Confiscating administrative violation objects;

d) Applying remedial measures prescribed in Points c, đ, g, and m of Clause 3 of Article 4 of this Decree.

Article 42. Administrative Penalty Authority of Customs

1. A customs officer performing official duties has the authority to impose fines up to VND 500,000 for violations in the fields of livestock breeding, animal feed, and livestock conditions.

2. The team leader of a customs branch, the team leader of a post-clearance inspection branch has the authority to impose fines up to VND 5,000,000 for violations in the fields of livestock breeding, animal feed, and livestock conditions.

3. The head of a customs branch, the head of a post-clearance inspection branch, the team leader of a control team under a provincial, inter-provincial, or centrally-administered city customs bureau, the team leader of an anti-smuggling control team, the team leader of a customs procedure team, and the team leader of a maritime control team under the General Department of Customs Investigation and Anti-Smuggling have the authority:

a) To impose fines up to VND 25,000,000 for violations in the fields of livestock breeding, animal feed, and livestock conditions;

b) Confiscating administrative violation objects with a value not exceeding the fine amount prescribed in point a of this clause;

c) To apply remedial measures prescribed in Points b, c, d, đ, g, and m Clause 3 Article 4 of this Decree.

4. The head of the General Department of Customs Investigation and Anti-Smuggling, the head of a post-clearance inspection department under the General Department of Customs, and the head of a provincial, inter-provincial, or centrally-administered city customs department have the authority:

a) To impose fines up to VND 50,000,000 for violations in the fields of livestock breeding, animal feed, and livestock conditions;

b) To suspend activities for a limited period;

c) Confiscating administrative violation objects with a value not exceeding the fine amount prescribed in point a of this clause;

d) To apply remedial measures prescribed in Points b, c, d, đ, g, and m Clause 3 Article 4 of this Decree.

5. The head of the General Department of Customs has the authority:

b) To suspend activities for a limited period;

a) To impose fines up to VND 50,000,000 for violations in the field of livestock breeding; VND 100,000,000 for violations in the fields of animal feed and livestock conditions;

c) To apply remedial measures prescribed in Points b, c, d, đ, g, and m Clause 3 Article 4 of this Decree.

Article 43. Administrative Penalty Authority of Market Management

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

a) To impose fines up to VND 25,000,000 for violations in the fields of livestock breeding, animal feed, and livestock conditions;

b) Confiscating administrative violation objects with a value not exceeding the fine amount prescribed in point a of this clause;

1. A market inspector performing official duties has the authority to impose fines up to VND 500,000 for violations in the fields of livestock breeding, animal feed, and livestock conditions.

c) To apply remedial measures prescribed in Points a, b, c, đ, g, and m Clause 3 Article 4 of this Decree.

a) To impose fines up to VND 50,000,000 for violations in the fields of livestock breeding, animal feed, and livestock conditions;

b) To suspend activities for a limited period;

c) Confiscating administrative violation objects with a value not exceeding the fine amount prescribed in point a of this clause;

3. The head of a provincial market management department and the head of a market management business department under the General Department of Market Management have the authority:

d) To apply remedial measures prescribed in Points a, b, c, d, đ, g, and m Clause 3 of Article 4 of this Decree.

a) To impose fines up to VND 50,000,000 for the field of livestock breeding seeds; VND 100,000,000 for the fields of livestock feed and breeding conditions;

b) To suspend activities for a limited period;

c) Confiscating administrative violation objects;

3. The head of a provincial market management department and the head of a market management business department under the General Department of Market Management have the authority:

Article 44. Division of Administrative Penalty Authority among Chairpersons of People's Committees at all levels, Inspection Agencies, Customs Agencies, Market Management Agencies, Public Security Police, Border Guard, and Coast Guard

1. Administrative penalty authority of Chairpersons of People's Committees at all levels:

a) The Chairperson of a commune-level People's Committee imposes penalties for administrative violations stipulated in Clause 1 Article 9; Clauses 1, 2, and 3 Article 10; Clause 1 Article 14; Clauses 1 and 2 Article 15; Clause 1 Article 16; Clauses 1 and 2 Article 17; Clause 1 Article 18; Point a Clause 1 and Point a Clause 2 Article 25; Point a and Point b Clause 1 Article 26; Clause 1 Article 27; Clause 1, Point a and Point b Clause 2 Article 28; Clauses 1 and 2 Article 29; Point a, Point b Clause 1, Point a Clause 2 and Point a Clause 3 Article 30; Article 31 and Clause 1 Article 33 of this Decree;

b) The Chairperson of a district-level People's Committee imposes penalties for administrative violations stipulated in Clauses 1 and 2 Article 6; Clause 1 Article 7; Article 8; Article 9; Article 10; Article 11; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Article 20; Article 22; Article 23; Article 24; Article 25; Article 26; Article 27; Clauses 1, 2, and 3 Article 28; Article 29; Article 30; Article 31; Article 32; Article 33; and Article 35 of this Decree;

c) The Chairperson of a provincial-level People's Committee imposes penalties for administrative violations stipulated in Articles 6; 7; 8; 9; 10; 11; 12; 13; 14; 15; 16; 17; 18; 19; 20; 21; 22; 23; 24; 25; 26; 27; 28; 29; 30; 31; 32; 33; 34; and 35 of this Decree.

2. Administrative penalty authority of Inspection Agencies:

a) The Director of the Department of Agriculture and Rural Development, the head of a specialized management agency for livestock and veterinary affairs; the head of a specialized inspection team of the Livestock Service; the head of a specialized inspection team of the Department of Agriculture and Rural Development; the head of a specialized inspection team of a specialized management agency for livestock and veterinary affairs impose penalties for administrative violations stipulated in Clauses 1 and 2 Article 6; Clause 1 Article 7; Article 8; Article 9; Article 10; Article 11; Clauses 1, 2, and 3 Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Article 20; Article 21; Article 22; Article 23; Article 24; Article 25; Article 26; Article 27; Clauses 1, 2, and 3 Article 28; Article 29; Article 30; Article 31; Article 32; Article 33; and Article 35 of this Decree;

b) The head of a specialized inspection team on livestock of the Ministry of Agriculture and Rural Development imposes penalties for administrative violations stipulated in Clauses 1, 2, 3, and 4 Article 6; Clauses 1 and 2 Article 7; Article 8; Article 9; Article 10; Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Article 20; Article 21; Article 22; Article 23; Article 24; Article 25; Article 26; Article 27; Clauses 1, 2, and 3; Point a Clause 4 Article 28; Article 29; Article 30; Article 31; Article 32; Article 33; and Article 35 of this Decree;

c) The Director of the Plant Protection Agency; the head of a specialized management agency for plant protection; the head of a specialized inspection team of the Plant Protection Agency impose penalties for administrative violations stipulated in Clause 3, Point b Clause 4, Clause 5, and Clause 6 Article 17; Article 19; Clauses 1 and 2 Article 20; Article 22 of this Decree;

d) The Director of the Quality Control Agency for Forestry, Agricultural, and Aquatic Products; the head of a specialized management agency for quality control of forestry, agricultural, and aquatic products; the head of a specialized inspection team of the Quality Control Agency for Forestry, Agricultural, and Aquatic Products impose penalties for administrative violations stipulated in Clause 4 Article 29 and Article 35 of this Decree;

d) The Director of the Animal Health Department; The Head of the Specialized Inspection Team of the Animal Health Department shall impose administrative penalties on acts of administrative violation prescribed in Clause 3, Point b Clause 4, Clause 5 and Clause 6 Article 17; Article 19; Clause 1 and Clause 2 Article 20; Article 22; Article 29 and Article 35 of this Decree;

e) The Inspector General of the Ministry of Agriculture and Rural Development; The Director of the Livestock Production Department shall impose administrative penalties on acts of administrative violation prescribed in Article 6; Article 7; Article 8; Article 9; Article 10; Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Article 20; Article 21; Article 22; Article 23; Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30; Article 31; Article 32; Article 33 and Article 35 of this Decree;

3. The authority to impose administrative penalties of the People's Public Security:

a) The Chief of the Police Station at the commune level, the Chief of the Police Post, the Chief of the Border Gate Police Station shall impose administrative penalties on acts of administrative violation prescribed in Point a Clause 1 Article 29 of this Decree;

b) The Chief of the Police Station at the district level, the Chief of the Traffic Police Department's functional units, the Chief of the Provincial Police Department including the Chief of the Environmental Crime Prevention Police Department, the Chief of the Economic Security Department shall impose administrative penalties on acts of administrative violation prescribed in Clause 2 Article 13; Clause 4 Article 14; Point a, Point b Clause 3, Clause 4 and Clause 5 Article 17; Clause 2 Article 20; Point c Clause 3, Clause 4 and Clause 5 Article 22; Clause 2 Article 24; Point b Clause 1, Point a Clause 2 and Clause 3 Article 25; Point c Clause 1, Clause 3, Point a Clause 4 and Clause 5 Article 26; Clause 3 Article 27; Clause 3 Article 28; Clause 1, Clause 3 and Point a, Point b Clause 4 Article 29; Article 30; Article 31; Point b Clause 2 and Point b Clause 3 Article 32 of this Decree;

c) The Director of the Provincial Police Department shall impose administrative penalties on acts of administrative violation prescribed in Clause 1 and Clause 2 Article 6; Clause 1 Article 7; Clause 2 Article 13; Clause 4, 5, 6 and 7 Article 14; Point a, Point b Clause 3, Clause 4 and Clause 5 Article 17; Clause 1 and Clause 2 Article 20; Point c Clause 3, Clause 4 and Clause 5 Article 22; Article 24; Point b Clause 1, Clause 2 and Clause 3 Article 25; Point c Clause 1, Clause 3, 4, 5 and 6 Article 26; Clause 3 Article 27; Clause 3 Article 28; Clause 1, 3 and 4 Article 29; Article 30; Article 31; Point b Clause 2 and Point b Clause 3 Article 32; Clause 5 Article 33; Point b Clause 1 and Clause 2 Article 35 of this Decree;

d) The Director of the Environmental Crime Prevention Police Department; The Director of the Traffic Police Department; The Director of the Economic Security Department shall impose administrative penalties on acts of administrative violation prescribed in Article 6; Article 7; Clause 2 Article 13; Clause 4, 5, 6 and 7 Article 14; Point a and Point b Clause 3, Clause 4, Clause 5 Article 17; Clause 1 and Clause 2 Article 20; Point c Clause 3, Clause 4 and Clause 5 Article 22; Article 24; Point b Clause 1, Clause 2 and Clause 3 Article 25; Point c Clause 1, Clause 3, 4, 5 and 6 Article 26; Clause 3 Article 27; Clause 3 and Clause 4 Article 28; Clause 1, 3 and 4 Article 29; Article 30; Article 31; Point b Clause 2 and Point b Clause 3 Article 32; Clause 5 Article 33; Point b Clause 1 and Clause 2 Article 35 of this Decree;

4. The authority to impose administrative penalties of the Vietnam Coast Guard:

a) The Commander of the Coast Guard Squadron shall impose administrative penalties on acts of administrative violation prescribed in Clause 1 Article 8; Point b Clause 2 Article 13; Point b Clause 4 Article 17; Clause 2 Article 20; Point c Clause 3 Article 22; Point b Clause 2 and Point b Clause 3 Article 32 of this Decree;

b) The Commander of the Coast Guard Flotilla shall impose administrative penalties on acts of administrative violation prescribed in Clause 1 and Clause 2 Article 8; Point b Clause 2 Article 13; Point b Clause 4 Article 17; Clause 2 Article 20; Point c Clause 3, Clause 4 and Clause 5 Article 22; Point b Clause 2 and Point b Clause 3 Article 32 of this Decree;

c) The Commander of the Coast Guard Region shall impose administrative penalties on acts of administrative violation prescribed in Article 8; Point b Clause 2 Article 13; Point b Clause 4 Article 17; Clause 2 Article 20; Point c Clause 3, Clause 4 and Clause 5 Article 22; Point b Clause 2 and Point b Clause 3 Article 32; Point b Clause 1 and Clause 2 Article 35 of this Decree;

d) The Commander of the Vietnam Coast Guard Command, shall impose administrative penalties on acts of administrative violation prescribed in Clause 2 and Point b Clause 3 Article 7; Article 8; Point b Clause 2 Article 13; Point b Clause 4 Article 17; Clause 2 Article 20; Point c Clause 3, Clause 4 and Clause 5 Article 22; Point b Clause 2 and Point b Clause 3 Article 32; Point b Clause 1 and Clause 2 Article 35 of this Decree;

5. The authority to impose administrative penalties of the Border Guard Force:

a) The Commander of the Border Guard Post, the Commander of the Border Guard Squadron, the Commander of the Border Guard Command at the Port Gate shall impose administrative penalties on acts of administrative violation prescribed in Point b Clause 2 Article 13; Point b Clause 4 Article 17; Clause 2 Article 20; Point c Clause 3 Article 22; Point b Clause 2 and Point b Clause 3 Article 32 of this Decree;

b) The Commander of the Border Guard Force at the provincial level, the Commander of the Border Guard Squadron under the Border Guard Force Command shall impose administrative penalties on acts of administrative violation prescribed in Clause 2 and Point b Clause 3 Article 7; Article 8; Point b Clause 2 Article 13; Point b Clause 4 Article 17; Clause 1 and Clause 2 Article 20; Point c Clause 3, Clause 4 and Clause 5 Article 22; Point b Clause 2 and Point b Clause 3 Article 32; Point b Clause 1 and Clause 2 Article 35 of this Decree;

6. The authority to impose administrative penalties of the Customs:

a) The Director of the Customs Branch, the Director of the Post-Clearance Audit Customs Branch, the Team Leader of the Control Team under the Provincial Customs Department, the Team Leader of the Anti-Smuggling Control Team, the Team Leader of the Customs Procedure Team, the Squadron Leader of the Sea Control Squadron under the Anti-Smuggling Investigation Department of the General Customs Department shall impose administrative penalties on acts of administrative violation prescribed in Article 8; Point b Clause 2 Article 13; Point b Clause 4 Article 17; Article 19; Point a, b, c, d, đ, e, g, h, i and k Clause 1, Clause 2 Article 20; Clause 1, 2, 3 and 4 Article 22; Point b Clause 1, Point b Clause 2 and Point b Clause 3 Article 32 of this Decree;

b) The Director of the Anti-Smuggling Investigation Department, the Director of the Post-Customs Clearance Inspection Department under the General Department of Customs, the Director of the Provincial, Interprovincial, and Central City Customs Departments shall impose administrative penalties on acts of administrative violations stipulated in Clause 2 and Point b Clause 3 Article 7; Article 8; Point b Clause 2 Article 13; Point b Clause 4 Article 17; Article 19; Clause 1 and Clause 2 Article 20; Article 22; Point b Clause 1, Point b Clause 2 and Point b Clause 3 Article 32; Point b Clause 1 and Clause 2 Article 35 of this Decree.

c) The Director of the General Department of Customs shall impose administrative penalties on acts of administrative violations stipulated in Clause 2 and Point b Clause 3 Article 7; Article 8; Point b Clause 2 Article 13; Point b Clause 4 Article 17; Article 19; Clause 1 and Clause 2 Article 20; Article 22; Point b Clause 1, Point b Clause 2 and Point b Clause 3 Article 32; Point b Clause 1 and Clause 2 Article 35 of this Decree.

7. Administrative penalty imposition authority of Market Management:

a) The Team Leader of the Market Management Team shall impose administrative penalties on acts of administrative violations stipulated in Clause 1 Article 7; Clause 4 Article 9; Clause 2 and Clause 4 Article 10; Article 11; Clause 1, Clause 2 and Point a Clause 4 Article 17; Article 18; Point a, b, c, d, đ, e, g, h, i and k Clause 1, Clause 2 Article 20; Clause 1, Point a and Point b Clause 2, Point b and Point c Clause 3, Clause 4 Article 22; Point a Clause 1, Point a Clause 2 and Point a Clause 3 Article 32 of this Decree;

b) The Director of the Provincial Market Management Department and the Director of the Market Management Business Affairs Department directly under the General Department of Market Management shall impose administrative penalties on acts of administrative violations stipulated in Clause 3 Article 6; Clause 1 and Point a Clause 3 Article 7; Clause 4 Article 9; Clause 2 and Clause 4 Article 10; Article 11; Clause 1, Clause 2 and Point a Clause 4 Article 17; Article 18; Clause 1 and Clause 2 Article 20; Clause 1, Point a and Point b Clause 2, Point b and Point c Clause 3, Clause 4, Clause 5 Article 22; Point a Clause 1, Point a Clause 2 and Point a Clause 3 Article 32 of this Decree;

c) The Director of the General Department of Market Management shall impose administrative penalties on acts of administrative violations stipulated in Clause 3 Article 6; Clause 1 and Point a Clause 3 Article 7; Clause 4 Article 9; Clause 2 and Clause 4 Article 10; Article 11; Clause 1, Clause 2 and Point a Clause 4 Article 17; Article 18; Clause 1 and Clause 2 Article 20; Clause 1, Point a and Point b Clause 2, Point b and Point c Clause 3, Clause 4, Clause 5 Article 22; Point a Clause 1, Point a Clause 2 and Point a Clause 3 Article 32 of this Decree.

Article 45. Application of measures to prevent administrative violations and ensure the enforcement of administrative penalties.

1. In cases where only fines are imposed on organizations and individuals violating regulations, the authorized administrative penalty enforcement authority for animal husbandry has the right to temporarily retain relevant documents related to vehicles and professional certificates until the organization or individual complies with the penalty decision. If the violator does not have such documents, the authorized administrative penalty enforcement authority may require the violator to bring the vehicle to the agency's office for resolution or temporarily seize the objects and means of transportation within their jurisdiction.

In cases where administrative violations are subject to supplementary sanctions including confiscation of contraband items as provided in this Decree, the authorized administrative penalty enforcement authority for animal husbandry may require the violator to bring the vehicle to the agency's office for resolution or temporarily seize the objects and means of transportation within their jurisdiction.

2. The authority, procedures, and formalities for applying measures to prevent administrative violations and ensuring the enforcement of administrative penalties in animal husbandry shall be implemented in accordance with the Law on Handling Administrative Violations.

Chapter IV
IMPLEMENTING PROVISIONS

Article 46. Effective Date

1. This Decree takes effect from April 20, 2021.

2. This Decree abolishes the provisions on livestock feed and breeding animals in Decree No. 64/2018/ND-CP dated May 7, 2018 of the Government on administrative penalties in the fields of breeding animals, livestock feed, and aquaculture; Point b Clause 7 Article 20 of Decree No. 90/2017/ND-CP dated July 31, 2017 of the Government on administrative penalties in the field of veterinary medicine.

Article 47. Transitional Provisions

1. For administrative violations in animal husbandry occurring before the effective date of this Decree but discovered or being considered and resolved thereafter, the most favorable provisions shall apply to the organizations and individuals who violated the regulations.

2. For administrative penalty decisions that have been issued or fully executed before the effective date of this Decree, if the individual or organization subjected to the administrative penalty or the individual subjected to administrative measures still appeals, the provisions of Decree No. 64/2018/ND-CP dated May 7, 2018 of the Government on administrative penalties in the fields of breeding animals, livestock feed, and aquaculture shall apply.

3. For administrative violations in animal husbandry activities discovered after the effective date of this Decree and falling under the transitional provisions of the Livestock Law and detailed implementing regulations of the Livestock Law, the provisions of Decree No. 64/2018/ND-CP dated May 7, 2018 of the Government on administrative penalties in the fields of breeding animals, livestock feed, and aquaculture shall continue to be applied until the end of the transitional period.

Article 48. Responsibility for Implementation

1. The Minister of Agriculture and Rural Development shall be responsible for monitoring, guiding, and organizing the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees shall be responsible for enforcing this Decree.