Decree No. 154/2006/ND-CP amending and supplementing Article 17 of Decree No. 128/2005/ND-CP dated October 11, 2005 of the Government on administrative violations in the fisheries sector.

DECREE

Amending and supplementing Article 17 of the Decree

No. 128/2005/NĐ-CP dated October 11, 2005 of the Government

on administrative sanctions for violations in the fisheries sector

____________________

THE GOVERNMENT

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

Pursuant to the Fisheries Law dated November 26, 2003;

Pursuant to the Ordinance on Administrative Sanctions dated July 2, 2002;

Considering the proposal of the Minister of Fisheries.

DECREE:

Article 1. Amending and supplementing Article 17 of the Decree No. 128/2005/NĐ-CP dated October 11, 2005 of the Government on administrative sanctions for violations in the fisheries sector as follows:

"Article 17. Violations of food safety regulations in the production and business of aquatic products.

The penalties for violating food safety regulations in the fisheries sector shall be implemented according to the provisions of Article 15 of the Decree No. 45/2005/NĐ-CP dated April 6, 2005 of the Government on administrative sanctions in the health sector.

For acts of introducing foreign substances into aquatic products; acts of collecting, storing, transporting, processing, and trading aquatic products containing foreign substances or naturally toxic aquatic products that pose a danger to human health, penalties shall be imposed as follows:
1. A fine of VND 1,000,000 to VND 3,000,000 for intentionally transporting aquatic products containing foreign substances or naturally toxic aquatic products that pose a danger to human health, except where such transportation has been permitted by competent state authorities.
2. A fine of VND 3,000,000 to VND 5,000,000 for introducing foreign substances into aquatic products.
3. A fine of VND 10,000,000 to VND 15,000,000 for acts of collecting, storing, processing, and trading aquatic products containing foreign substances.
4. A fine of VND 15,000,000 to VND 20,000,000 for acts of collecting, storing, processing, and trading naturally toxic aquatic products that pose a danger to human health, except where such acts have been permitted by competent state authorities.
5. Additional forms of punishment:
a) Seizure of the consignment of aquatic products for the acts stipulated in Clause 1 and Clause 3 of this Article;
b) Seizure of the consignment of aquatic products as evidence and means used to introduce foreign substances into aquatic products for the act stipulated in Clause 2 of this Article;
c) Suspension of the use of the Food Safety Certificate of the facility engaged in collecting, storing, processing aquatic products for six to twelve months in cases where the facility repeatedly violates or commits a recidivist offense as stipulated in Clause 3 and Clause 4 of this Article. 6) Remedial measures:
a) Removal of foreign substances from the consignment of aquatic products containing foreign substances, but not subject to destruction, in accordance with the regulations of the Ministry of Fisheries;
b) Compulsory destruction of the consignment of naturally toxic aquatic products or aquatic products containing foreign substances that pose a danger to human health, and foreign substances of unknown composition."

Article 2. This Decree shall take effect fifteen days after its publication in the Official Gazette.

Article 3. Implementation Organization

1. The Minister of Fisheries shall be responsible for guiding, organizing the implementation, and supervising the enforcement of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial and centrally governed city People's Committees are responsible for implementing this Decree./.