Decree No. 26/2003/NĐ-CP on administrative penalties for violations in the field of plant protection and quarantine

DECREE

Rules on administrative penalties for violations in the field of

Pursuant to Decree No. 73/CP dated November 1, 1995 of the Government on the Functions, Tasks, Authorities, and Organizational Structure of the Ministry of Agriculture and Rural Development;

THE GOVERNMENT

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

Pursuant to Decree No. 33/2005/NĐ-CP of the Government dated March 15, 2005 detailing and guiding the implementation of certain provisions of the Veterinary Law, and Decree No. 119/2008/NĐ-CP dated November 28, 2008 amending and supplementing certain provisions of Decree No. 33/2005/NĐ-CP;

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

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

DECREE:

Chapter 1:

GENERAL PROVISIONS

Article 1.Scope of application

Administrative penalties shall be applied to individuals and organizations that intentionally or negligently violate regulations on state management in the field of plant protection and quarantine, which are not criminal offenses, including:

1. Violations of regulations on prevention and control of harmful organisms affecting plant resources;

2. Violations of plant quarantine regulations;

3. Violations of regulations on the management of plant protection chemicals.

Article 2.APPLICATION OBJECTS

1. Individuals aged from 14 to under 16 years old who commit intentional administrative violations shall be subject to administrative penalties; individuals aged 16 years and older shall be subject to administrative penalties for all administrative violations they cause in the field of plant protection and quarantine as stipulated in the Law on Handling Administrative Violations and Chapter II of this Decree.

2. Organizations shall be subject to administrative penalties for all administrative violations in the field of plant protection and quarantine caused by them. After implementing the penalty decision, the organization must identify the individual responsible for causing the administrative violation to determine their legal liability according to the law.

3. Foreign individuals and organizations committing administrative violations in the field of plant protection and quarantine within the territory, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam shall be subject to administrative penalties as prescribed in this Decree, except where international treaties to which Vietnam is a party provide otherwise.

Article 3.Principles of administrative penalties

1. Administrative penalties in the field of plant protection and quarantine must be carried out by persons authorized to impose penalties as stipulated in the Law on Handling Administrative Violations and Articles 19 and 20 of this Decree.

2. All administrative violations in the field of plant protection and quarantine must be promptly detected and immediately stopped. Penalties must be imposed swiftly, fairly, and thoroughly; all consequences resulting from administrative violations must be remedied in accordance with the law.

3. A single administrative violation shall only be penalized once; if an individual commits multiple administrative violations, they shall be penalized for each violation separately. If multiple individuals jointly commit a single administrative violation, each violator shall be penalized.

4. The imposition of administrative penalties must be based on the nature and degree of the violation, the personal circumstances of the violator, and mitigating or aggravating circumstances to determine the form of penalty, the amount of the fine, and appropriate measures as provided for in this Decree.

Warning penalties shall be applied to minor violations, first-time violations with mitigating circumstances, or any administrative violations committed by juveniles aged from 14 to under 16 years old.

5. No administrative penalties shall be imposed in cases of emergency situations, justifiable self-defense, unexpected events, or when the violator is suffering from mental illness or other diseases that impair their ability to recognize or control their actions.

Article 4.Mitigating Circumstances

1. The violator has taken action to prevent, reduce the harm of the violation, or voluntarily remedied the consequences and compensated for damages.

2. The violator has voluntarily reported the violation and sincerely expressed remorse.

3. The violation occurred while the violator was mentally agitated due to illegal acts committed by others.

4. The violation was committed under duress or dependency, either material or psychological.

5. The violator is a pregnant woman, elderly person, sick person, or disabled person whose ability to recognize or control their actions is impaired.

6. The violation was committed due to extraordinary difficulties not caused by the violator themselves.

7. The violation was committed due to outdated knowledge.

Article 5.Aggravating Circumstances

1. Organized violation.

2. Repeated violations in the same field or recidivism in the same field.

3. Inciting, enticing minors to commit violations, or forcing dependent individuals to commit violations.

4. Violation while intoxicated from alcohol, beer, or other stimulants.

5. Exploiting official position or power to violate.

6. Exploiting war conditions, natural disasters, or other special difficulties in society to violate.

7. Violation during the execution of a criminal sentence or an administrative penalty decision.

8. Continuing the administrative violation despite being ordered to cease by an authorized person.

9. After the violation, the violator attempted to evade or conceal the administrative violation.

Article 6.Time Limit for Imposing Administrative Penalties and Period Considered as Not Having Been Penalized

The time limit for imposing administrative penalties in the field of plant protection and quarantine is one year, calculated from the date the administrative violation was committed.

The time limit for imposing administrative penalties in export and import activities or for producing and selling prohibited plant protection chemicals or counterfeit plant protection chemicals is two years, calculated from the date the administrative violation was committed.

The period considered as not having been penalized is one year after the individual or organization has fully implemented the administrative penalty decision or after the expiration of the enforcement period of the penalty decision without recurrence, such period shall be deemed as not having been penalized.

Article 7.Forms of Administrative Penalties and Measures to Remediate Consequences

When imposing administrative penalties pursuant to this Decree, the authorized authority may apply the following main forms of penalties, supplementary measures, and specific remedial measures:

1. For each administrative violation, the violator must bear one of the following main forms of punishment:

a) To issue warnings;

b) Fine.

The maximum fine for violations in the field of plant protection and quarantine is 30,000,000 VND.

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

a) Revocation of permits for testing new plant protection chemicals, certificates for practicing production, processing, bottling, packaging, and trading of plant protection chemicals, and fumigation disinfection certificates;

b) Confiscation of objects and means used in administrative violations in the field of plant protection and quarantine.

3. In addition to the penalties specified in Clauses 1 and 2 of this Article, individuals and organizations committing administrative violations may also be subject to one or more of the following remedial measures:

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

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

c) Compulsory destruction of objects subject to quarantine that are infected with quarantine pests or harmful organisms that cannot be contained or eradicated in Vietnam.

d) Compel removal from the territory of Vietnam or re-exportation of plant quarantine objects, means of transport infected with plant quarantine pests of Vietnam, or harmful organisms that cannot be contained and eradicated in Vietnam;

đ) Compel destruction of types of pesticides, pesticide raw materials, and packaging of prohibited plant protection products outside the permitted and restricted use list in Vietnam, counterfeit pesticides, pesticides of unknown origin, expired pesticides that have lost their efficacy, and pesticide raw materials with active ingredient content lower than prescribed levels;

e) Compel removal from the territory of Vietnam or re-exportation of types of pesticides and pesticide raw materials prohibited for use outside the permitted and restricted use list in Vietnam; counterfeit pesticides, pesticides of unknown origin, expired pesticides that have lost their efficacy, and pesticide raw materials with active ingredient content lower than prescribed levels;

g) Compel recycling of types of drugs and drug raw materials with actual quality lower than the prescribed national standards;

When administrative violations are subject to remedial measures, individuals and organizations committing such violations must bear all costs associated with implementing these measures;

Chapter 2:

FORMS OF ADMINISTRATIVE PENALTIES AND PENALTY AMOUNTS FOR VIOLATIONS IN THE FIELD OF PLANT PROTECTION AND QUARANTINE

PART A:

FORMS OF ADMINISTRATIVE PENALTIES AND PENALTY AMOUNTS FOR PLANT PROTECTION

Article 8.Forms of administrative penalties and penalty amounts for violations of regulations on preventing and controlling harmful organisms affecting plant resources

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

a) Using pest control methods not in accordance with regulations;

b) Direct service providers for plant protection without the required professional qualifications as stipulated by law;

c) Failing to comply with pest control measures as directed and required by competent state authorities;

2. A fine of VND 300,000 to VND 700,000 for the act of:

Transporting out of the epidemic area plant resources infected with dangerous pests that have been declared as epidemics in that area but have not yet been treated;

3. A fine of VND 700,000 to VND 1,500,000 for the act of:

Transporting, selling, or using seeds infected with severe diseases or dangerous pests that have been declared as epidemics in certain areas by authorized state agencies responsible for plant protection and quarantine;

4. A fine of VND 1,500,000 to VND 5,000,000 for one of the following acts of violation:

a) Producing or storing seeds infected with severe diseases;

b) Raising dangerous pests harmful to crops;

5. Measures to remedy consequences:

a) Compel destruction of plant resources, dangerous pests, and seeds for violations specified in Clause 2, Clause 3, and Point a of Clause 4 of this Article;

b) Compel remediation of consequences caused by violations specified in Point a and c of Clause 1 of this Article;

PART B:

FORMS OF ADMINISTRATIVE PENALTIES AND PENALTY AMOUNTS FOR PLANT QUARANTINE

Article 9.Forms of administrative penalties and penalty amounts for violations of regulations on export, import, and transit plant quarantine

1. A fine of VND 500,000 to VND 1,500,000 for one of the following acts of violation:

a) Failing to complete procedures for declaration of plant quarantine before importing, exporting, or transporting plant resources through transit;

b) Bringing into the territory of Vietnam plant quarantine objects without a certificate of plant quarantine issued by the exporting country's plant quarantine authority (except countries without such an authority) or without undergoing quarantine at the border checkpoint;

2. A fine of VND 1,500,000 to VND 3,000,000 for one of the following acts of violation:

a) Failing to conduct inspection and quarantine of plant resources;

b) Transporting plant resources through transit without permission from the competent Vietnamese plant quarantine authority;

c) Transporting plant resources through transit without implementing preventive measures against harmful organisms as prescribed by Vietnam;

d) Transporting plant resources through transit without a plant quarantine certificate issued by the plant quarantine authority of the place of origin (except countries without such an authority);

3. A fine of VND 3,000,000 to VND 6,000,000 for one of the following acts of violation:

a) Misrepresenting, concealing, or substituting plant quarantine objects during the quarantine process by the plant quarantine authority for export and import consignments;

b) Adding or replacing goods already certified with a plant quarantine certificate with goods that have not been quarantined;

4. A fine of VND 6,000,000 to VND 10,000,000 for one of the following acts of violation:

a) Bringing into the territory of Vietnam plant quarantine objects or live harmful organisms without permission from the Minister of Agriculture and Rural Development;

b) Bringing soil containing harmful organisms into Vietnam;

5. Additional forms of administrative penalties and remedial measures:

a) Confiscate the plant quarantine certificate for violations specified in Clause 3 of this Article;

b) Compel removal from the territory of Vietnam or re-exportation of plant quarantine objects for violations specified in Point b and c of Clause 2 and Clause 4 of this Article;

c) Compel destruction of plant quarantine objects and harmful organisms for violations specified in Point a of Clause 4 of this Article;

Article 10.Forms of administrative penalties and penalty amounts for violations of domestic plant quarantine regulations

1. Warning or a fine of VND 100,000 to VND 300,000 for the act of:

Not having a plant quarantine certificate issued by the authorized state agency responsible for plant protection and quarantine at the place of origin when transporting plant quarantine objects from an epidemic area out of the epidemic area;

2. A fine of VND 300,000 to VND 1,000,000 for the act of:

Transporting and handling plant resources infected with quarantine objects not in accordance with regulations;

3. A fine of VND 1,000,000 to VND 2,500,000 for one of the following acts of violation:

a) Bringing quarantine objects to regions within the territory of Vietnam;

b) Failing to comply with regulations on handling objects infected with plant quarantine pests of Vietnam or alien harmful organisms;

c) Transporting or circulating plant resources that have been concluded to be infected with plant quarantine pests or alien harmful organisms without complying with the provisions of the competent plant quarantine authority;

d) Failing to comply with measures for quarantining, isolating, and eradicating pest outbreaks within the scope of plant quarantine as ordered by the competent state agency on plant protection and quarantine that has announced such measures;

4. A fine of from 2,500,000 VND to 5,000,000 VND shall be imposed for the violation;

Failing to comply with measures for handling objects subject to plant quarantine when exporting or importing as prescribed by the plant quarantine authority;

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

a) Failing to thoroughly treat the longhorn beetle (T.G) in storage facilities where the plant quarantine authority has discovered it and designated eradication measures;

b) Failing to thoroughly treat plant quarantine pests that have been announced, discovered, and designated for eradication during production, processing, storage, and transportation as prescribed by the plant quarantine authority;

6. A fine of 30,000,000 VND shall be imposed for the violation:

Transporting objects subject to plant quarantine infected with the longhorn beetle (T.G) that have not been thoroughly treated as prescribed by the plant quarantine authority;

7. Remedial measures:

a) Compelling the implementation of measures to mitigate environmental pollution and the spread of plant quarantine pests for violations stipulated in Clause 2, Points a and c, Clause 3 of this Article;

b) Compelling the destruction of objects heavily infected with the longhorn beetle (T.G), other plant quarantine pests that have been specifically announced at certain locations and times (if thorough treatment is not possible) for violations stipulated in Clause 5 and Clause 6 of this Article;

Article 11.Forms of punishment and fines for violations of regulations on plant quarantine for imported crop seeds and beneficial organisms

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

a) Planting imported crop seeds in locations not in accordance with the provisions of the plant quarantine authority;

b) Failing to report to the competent state agency on plant protection and quarantine at the local level when introducing imported crop seeds for planting or use in that locality;

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

a) Introducing new crop varieties for planting or producing seed for the first time imported without a conclusion from the plant quarantine authority regarding the disease status of those crop seeds;

b) Failing to comply with the regulations of the Ministry of Agriculture and Rural Development on the importation, breeding, and use of beneficial organisms;

c) Failing to comply with the regulations of the Ministry of Agriculture and Rural Development on the observation period for harmful organisms for each group of imported crop seeds;

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

Importing or transiting crop seeds infected with alien harmful organisms or plant quarantine pests listed in the plant quarantine pest list of Vietnam;

4. Additional forms of punishment and remedial measures:

a) Compelling the destruction of crop seeds for violations stipulated in Clause 3 of this Article;

b) Confiscating imported crop seeds for violations stipulated in Point a, Clause 2 of this Article;

c) Compelling the removal from the territory of Vietnam or re-exporting imported crop seeds for violations stipulated in Clause 3 of this Article;

Article 12.Forms of punishment and fines for violations of regulations on fumigation and disinfection

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

a) Not having a fumigation and disinfection practice certificate;

b) The staff and technical workers not meeting the requirements for fumigation and disinfection as prescribed;

c) Not having a technical process, lacking equipment and tools for fumigation and disinfection as prescribed;

d) The chemical storage facility not meeting the standards set by the competent authority;

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

a) Using fumigation and disinfection chemicals not listed in the approved and restricted pesticide list in Vietnam;

b) Using fumigation and disinfection chemicals that do not meet quality standards, lack proper labeling, and have unclear origins;

c) Conducting fumigation and disinfection not in accordance with the prescribed technical process;

3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for any of the following violations:

a) Using fumigation and disinfection chemicals listed in the prohibited pesticide list in Vietnam;

b) Using fumigation and disinfection chemicals improperly causing adverse effects on the quality of the treated objects or environmental pollution, adversely affecting human health and animals;

4. Additional forms of punishment and remedial measures:

a) Revoking the right to use the fumigation and disinfection practice certificate if there are aggravating circumstances for violations stipulated in Clause 3 of this Article;

b) Compelling the implementation of measures to mitigate environmental pollution for violations stipulated in Clause 3 of this Article;

c) Suspending fumigation and disinfection activities for violations stipulated in Clauses 1 and 2 of this Article;

PART C:

FORMS OF PUNISHMENT AND FINES FOR THE MANAGEMENT OF PESTICIDES

Article 13.Forms of punishment and fines for violations of regulations on the production, processing, repackaging, and packaging of pesticides

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

a) The person directly managing the production, processing, repackaging, and packaging of pesticides does not have a practice certificate or the certificate has expired;

b) Producing, processing, repackaging, and packaging pesticides without or with inadequate equipment to ensure hygiene, safety, health for people and animals, and environmental protection, fire prevention and control as prescribed;

2. A fine of from 2,500,000 VND to 6,000,000 VND shall be imposed for any of the following violations:

a) Producing, processing, repackaging, and packaging pesticides without implementing the prescribed technological process.

b) Producing, processing, bottling, and packaging pesticides without an environmental waste treatment system that meets the requirements set by the competent authority on the environment.

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

a) Producing, processing, bottling, and packaging types of pesticides not listed in the permitted pesticide list or the restricted pesticide list in Vietnam;

b) Producing, processing, bottling, and packaging pesticides that do not meet quality standards or quantities;

c) Producing, processing, bottling, and packaging pesticides that do not conform to registered technical standards and labels;

d) Producing, processing, bottling, and packaging pesticides with raw materials of origins that do not match the registered ones;

đ) Producing, processing, bottling, and packaging pesticides in ampoule form.

4. A fine of VND 30,000,000 for any of the following violations:

a) Producing, processing, bottling, and packaging pesticides listed in the prohibited pesticide list in Vietnam with quantities up to but less than 100 kilograms (or liters) of finished product;

b) Producing, processing, bottling, and packaging counterfeit pesticides equivalent to the quantity of genuine goods valued at up to but less than thirty million dong.

5. Additional forms of administrative penalties and remedial measures:

a) Revoking the right to use the professional practice certificate for violations stipulated in Clause 4 of this Article;

b) Confiscating pesticides and raw materials for producing pesticides for violations stipulated in points a, d, đ of Clause 3 of this Article;

c) Confiscating pesticides, raw materials for producing pesticides, and production equipment for violations stipulated in Clause 4 of this Article;

d) Obliging the destruction of pesticides and raw materials for producing pesticides for violations stipulated in Clause 4 of this Article;

đ) Obliging the recycling of pesticides for violations stipulated in points b, c of Clause 3 of this Article.

Article 14.Forms of punishment and fines for violations of regulations on trading in pesticides and raw materials for producing pesticides

1. Warning or a fine of from VND 200,000 to VND 500,000 for any of the following violations:

a) Trading in pesticides without a professional practice certificate or a certificate that has expired;

b) Trading in pesticides without a store or warehouse for storing pesticides or having a store or warehouse that does not comply with regulations;

c) Trading in pesticides and raw materials for producing pesticides together with animal feed, food grains, foodstuffs, beverages, medical drugs, veterinary drugs, and other consumer goods except fertilizers;

d) Trading in pesticides in ampoule form;

đ) Trading in pesticides not listed in the permitted pesticide list and restricted pesticide list in Vietnam, expired pesticides, pesticides that do not meet quality standards, and pesticides of unknown origin with quantities up to but less than five kilograms (or liters) of finished product;

e) Trading in prohibited pesticides in Vietnam with quantities up to but less than one kilogram (or liter) of finished product;

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

a) Trading in pesticides and raw materials for producing pesticides not listed in the permitted pesticide list and restricted pesticide list in Vietnam, expired pesticides, pesticides that do not meet quality standards, and pesticides of unknown origin with quantities from five kilograms (or liters) to less than twenty kilograms (or liters) of finished product;

b) Trading in prohibited pesticides in Vietnam with quantities from one kilogram (or liter) to less than three kilograms (or liters) of finished product;

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

a) Trading in pesticides and raw materials for producing pesticides not listed in the permitted pesticide list and restricted pesticide list in Vietnam, expired pesticides, pesticides that do not meet quality standards, and pesticides of unknown origin with quantities from twenty kilograms (or liters) to less than one hundred kilograms (or liters) of finished product;

b) Trading in prohibited pesticides in Vietnam with quantities from three kilograms (or liters) to less than five kilograms (or liters) of finished product;

c) Trading in pesticides repackaged individually from large packages into small bottles or containers;

d) Trading in pesticides that do not match the quantities stated on the labels.

4. A fine of from VND 3,000,000 to VND 6,000,000 for any of the following violations:

a) Trading in pesticides and raw materials for producing pesticides not listed in the permitted pesticide list and restricted pesticide list in Vietnam, expired pesticides, pesticides that do not meet quality standards, and pesticides of unknown origin with quantities from one hundred kilograms (or liters) to less than three hundred kilograms (or liters) of finished product;

b) Trading in prohibited pesticides in Vietnam with quantities from five kilograms (or liters) to less than ten kilograms (or liters) of finished product.

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

a) Trading in pesticides and raw materials for producing pesticides not listed in the permitted pesticide list and restricted pesticide list in Vietnam, and pesticides of unknown origin with quantities from three hundred kilograms (or liters) to less than five hundred kilograms (or liters) of finished product;

b) Trading in prohibited pesticides in Vietnam with quantities from ten kilograms (or liters) to less than fifty kilograms (or liters) of finished product;

c) Trading in expired pesticides and pesticides that do not meet quality standards with quantities of five hundred kilograms (or liters) or more.

6. A fine of from VND 15,000,000 to VND 30,000,000 for any of the following violations:

a) Trading in pesticides and raw materials for producing pesticides not listed in the permitted pesticide list and restricted pesticide list in Vietnam, and pesticides of unknown origin with quantities from five hundred kilograms (or liters) to less than one thousand kilograms (or liters) of finished product;

b) Trading in prohibited pesticides in Vietnam with quantities from fifty kilograms (or liters) to less than one hundred kilograms (or liters) of finished product;

c) Trading in counterfeit pesticides equivalent to the quantity of genuine goods valued at up to but less than thirty million dong.

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

a) Revoking the right to use the professional practice certificate for violations stipulated in Clauses 4, 5, and 6 of this Article;

b) Confiscate the pesticide for repeated violations as stipulated in points a, b, c, Clause 1 of this Article.

c) Confiscate the pesticide and raw materials for pesticide for violations as stipulated in point d, đ, Clause 1, point a, Clause 2, Clauses 3, 4, 5, and 6 of this Article;

d) Order destruction of the pesticide for violations as stipulated in point e, Clause 1, point b, Clause 2, point b, Clauses 3, 4, point b, Clauses 5, and points b, c, Clause 6 of this Article.

Article 15.Forms of punishment and fines for violations of regulations on transportation, storage, and use of plant protection pesticides

1. Warning or a fine from 100,000 dong to 200,000 dong for one of the following violations:

a) Using, storing, or keeping pesticides not listed in the directory of permitted pesticides, the directory of restricted-use pesticides in Vietnam, or expired pesticides;

b) Failing to meet technical safety requirements for transportation and storage of pesticides and raw materials for pesticides in transport vehicles and warehouses;

c) Storing or transporting pesticides and raw materials for pesticides together with livestock, animal feed, food grains, food products, beverages, medical drugs, veterinary drugs, and other consumer goods, except fertilizers;

d) Transporting pesticides on public transportation means;

đ) Using pesticides in glass syringes.

2. A fine from 200,000 dong to 500,000 dong for one of the following violations:

a) Using pesticides without adhering to the correct technical procedures and isolation periods;

b) Using banned pesticides in Vietnam or pesticides of unknown origin;

c) Using restricted-use pesticides incorrectly against the intended pest targets;

d) Using pesticides not for the purpose of controlling harmful organisms affecting plant resources.

3. A fine from 1,000,000 dong to 3,000,000 dong for the violation

Of using pesticides without adhering to the correct technical procedures and isolation periods, thereby endangering people, livestock, and causing environmental pollution.

4. A fine from 3,000,000 dong to 6,000,000 dong for the following violations:

a) Transporting pesticides and raw materials for pesticides not listed in the directory of permitted pesticides, the directory of restricted-use pesticides in Vietnam;

b) Transporting banned pesticides in Vietnam with a quantity up to 100 kilograms (or liters) of finished product.

5. Additional forms of administrative penalties and remedial measures:

a) Confiscate the pesticide for violations as stipulated in point a, Clause 1, points b, d, Clause 2, and Clause 4 of this Article;

b) Order destruction of the pesticide for violations as stipulated in point b, Clause 4 of this Article;

c) Order implementation of measures to remediate environmental pollution for violations as stipulated in Clause 3 of this Article.

Article 16.Forms of punishment and fines for violations of regulations on export, import, and testing of plant protection pesticides

1. A fine from 500,000 dong to 2,000,000 dong for one of the following violations:

a) Not registering for state quality inspection when importing pesticides and raw materials for pesticides;

b) Not registering within the prescribed time limit when required to register for state quality inspection within the specified period.

2. A fine from 2,000,000 dong to 6,000,000 dong for one of the following violations:

a) Importing pesticides or raw materials for pesticides not listed in the directory of permitted pesticides in Vietnam without a permit from the Ministry of Agriculture and Rural Development;

b) Importing expired pesticides, pesticides of unknown origin, or pesticides in glass syringes;

c) Importing restricted-use pesticides in Vietnam not in accordance with the contents stated in the permit;

d) Importing pesticides and raw materials for pesticides with actual quality lower than the national standard;

đ) Imported pesticides and raw materials for pesticides not in their original condition when sampled for quality inspection;

e) Imported pesticides and raw materials for pesticides put into use entirely or partially before receiving notification of successful state quality inspection;

g) Testing new pesticides not in accordance with the contents stated in the permit.

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

a) Importing pesticides and raw materials for pesticides of poor quality, violating mandatory regulations on hygiene and environmental protection;

b) Importing restricted-use pesticides in Vietnam without a permit from the Ministry of Agriculture and Rural Development;

c) Intentionally evading state quality inspection of imported and exported pesticides and raw materials for pesticides;

For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;)Testing new pesticides without a permit.

4. A fine of 30,000,000 dong for the violation

Of importing pesticides or raw materials for pesticides listed in the directory of banned pesticides in Vietnam with a quantity up to 100 kilograms (or liters).

5. Additional forms of administrative penalties and remedial measures:

a) Order destruction or re-exportation of pesticides and raw materials for pesticides for violations as stipulated in points a, b, Clause 2, point a, Clause 3, and Clause 4 of this Article;

b) Order recycling or re-exportation of pesticides and raw materials for pesticides for violations as stipulated in point d, Clause 2 of this Article;

c) Revoke the right to use the permit for violations as stipulated in point g, Clause 2 of this Article.

Article 17.Forms of punishment and fines for violations of regulations on information, advertising, and labeling of plant protection pesticides

1. A fine from 1,000,000 dong to 3,000,000 dong for one of the following violations:

a) Providing or advertising pesticides without approval from the competent authority on plant protection and quarantine;

b) Advertising pesticides incorrectly regarding the target pests listed in the registration certificate for plant protection pesticides;

c) Labeling pesticides incorrectly compared to the contents stated in the registration certificate for plant protection pesticides.

2. A fine from 3,000,000 dong to 10,000,000 dong for one of the following violations:

a) Providing or advertising pesticides not listed in the directory of permitted pesticides in Vietnam;

b) Advertising pesticides in the directory of restricted-use pesticides in Vietnam;

c) Counterfeit labels or names of medicines that have been registered and are currently circulating on the market.

3. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for any of the following violations:

a) False advertising regarding the quality of registered medicines;

b) Advertising that diminishes the reputation or quality of another individual's or organization's medicines.

4. A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed for the violation of:

Advertising plant protection products prohibited for use in Vietnam.

5. Other violations concerning product labels shall be subject to administrative penalties as prescribed in the Government's Decrees on administrative penalties in the field of commerce.

6. Additional forms of punishment and measures to address consequences:

Seize counterfeit medicine labels and medicines with counterfeit labels for violations as stipulated in point c, Clause 2, Article 2 of this provision.

Article 18.Forms of punishment and fines for violations of regulations on administrative management of plant protection, plant quarantine, and plant protection products.

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

a) Altering or erasing any of the following documents:

- Import permits for plant protection products listed in the restricted-use category in Vietnam; import permits for products not included in the list of permitted plant protection products in Vietnam for trial purposes, for use in foreign investment projects, or for processing and re-export under contracts signed with foreign entities;

- Trial permit for new plant protection products;

- Registration certificate for plant protection products in Vietnam;

- Plant quarantine certificate;

- Quality control and residue test certificate for plant protection products;

- Certificate of practice for production, processing, bottling, packaging, trading of plant protection products, and fumigation disinfection services.

b) Obstructing and failing to comply with requests made by plant protection officers, plant quarantine officers, or specialized inspectors when performing their duties.

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

a) Allowing others to use permits or certificates of practice;

b) Threatening or using violence against plant quarantine officers, plant protection officers, or specialized inspectors while they are performing their duties without reaching the level of criminal prosecution.

3. A fine of from 3,000,000 VND to 10,000,000 VND shall be imposed for the violation of:

Providing false information to obtain the permits specified in point a, Clause 1, Article 1 of this provision.

4. A fine of from 10,000,000 VND to 20,000,000 VND shall be imposed for the violation of:

Counterfeiting the permits specified in point a, Clause 1, Article 1 of this provision.

5. Additional forms of administrative penalties and remedial measures:

Revoking the right to use permits or certificates of practice for violations as stipulated in point a, Clause 2, and Clause 3 of this provision.

Chapter 3:

AUTHORITY TO IMPOSE ADMINISTRATIVE PENALTIES IN THE FIELD OF PLANT PROTECTION AND PLANT QUARANTINE

Article 19.Authority to impose administrative penalties by specialized inspectors in plant protection and plant quarantine

1. Inspectors of plant protection and plant quarantine, while performing their duties, have the authority to:

a) Issue warnings, impose fines up to 200,000 VND;

b) Confiscate items and means used in administrative violations with a value up to 2,000,000 VND and apply remedial measures as provided in points a, b, and d, Clause 3, Article 12 of the Administrative Violation Handling Ordinance.

2. The Chief Inspector of the Provincial Plant Protection Service has the authority to:

a) Issue warnings, impose fines up to 20,000,000 VND;

b) Revoke the right to use certificates of practice for production, processing, bottling, packaging, and trading of plant protection products issued by the Provincial Plant Protection Service;

c) Confiscate items and means used in administrative violations and apply remedial measures as provided in points a, b, and d, Clause 3, Article 12 of the Administrative Violation Handling Ordinance.

3. The Chief Inspector of the National Plant Protection Service has the authority to:

a) Issue warnings, impose fines up to 30,000,000 VND;

b) Revoke the right to use trial permits for new plant protection products, registration certificates for plant protection products in Vietnam, certificates of practice for production, processing, bottling, packaging, and trading of plant protection products issued by the Provincial Plant Protection Service; fumigation disinfection service certificates;

c) Confiscate items and means used in administrative violations and apply remedial measures as provided in points a, b, and d, Clause 3, Article 12 of the Administrative Violation Handling Ordinance.

Article 20.Authority to impose penalties of the Chairpersons of People's Committees at various levels

1. The Chairperson of the People's Committee at the commune level has the authority to issue warnings, impose fines up to 500,000 VND; confiscate items and means used in administrative violations with a value up to 500,000 VND, compel the implementation of measures to mitigate environmental pollution and disease spread caused by administrative violations; and compel the destruction of harmful items affecting human health, crops, and livestock.

2. The Chairperson of the People's Committee at the district level has the authority to issue warnings, impose fines up to 20,000,000 VND; confiscate items and means used in administrative violations and apply remedial measures as provided in points a, b, and d, Clause 3, Article 12 of the Administrative Violation Handling Ordinance.

3. The Chairperson of the People's Committee at the provincial level has the authority to issue warnings and impose fines for administrative violations as prescribed in this Decree.

Article 21.Authority to impose penalties of other agencies

In addition to those specified in Articles 19 and 20 of this Decree, individuals authorized to impose penalties according to the Administrative Violation Handling Ordinance who discover administrative violations within their jurisdiction as prescribed in this Decree may impose penalties within their authority.

Article 22.Principles for determining the authority to impose administrative penalties in the field of plant protection and plant quarantine

1. In cases where administrative violations fall under the jurisdiction of multiple agencies, the handling shall be carried out by the agency that first receives the case.

2. The authority to impose penalties as specified in Articles 19 and 20 applies to each individual administrative violation.

In cases of fines, the authority to impose penalties is determined based on the maximum amount of the fine prescribed for each specific violation.

In cases where, in addition to fines, measures to remedy consequences may also be imposed, such as being expelled from the territory of Vietnam or being required to re-export plant quarantine objects, pesticides, and raw materials for plant protection products, the case file of the administrative violation must be transferred to the Chairman of the People's Committee at the provincial level, the Director of the General Department of Customs, or the Director of the Anti-Smuggling Investigation Department under the General Department of Customs for handling according to the authority prescribed in Clause 5, Article 30, Point d, Clause 3, and Point d, Clause 4, Article 34 of the Administrative Violation Handling Ordinance.

3. In cases where an individual commits multiple administrative violations, the authority to impose penalties is determined according to the following principles:

a) If the form and level of punishment prescribed for each act all fall within the authority of the person imposing the penalty, then the authority to impose penalties still belongs to that person;

b) If the form and level of penalty prescribed for any of the violations exceed the authority of the person imposing the penalty, then that person must transfer the case to the authority with jurisdiction to impose penalties;

c) If the acts fall within the penalty imposition authority of several persons from different sectors, then the penalty imposition authority belongs to the Chairman of the People's Committee with the authority to impose penalties at the place where the violation occurs.

Article 23. Delegation of Authority to Impose Administrative Penalties

In cases where those authorized to handle administrative violations as stipulated in Articles 19 and 20 of this Decree are absent, the deputy authorized to handle administrative violations shall have the authority to handle administrative violations and shall be responsible for their decisions.

Chapter 4:

PROCEDURES FOR IMPOSING ADMINISTRATIVE PENALTIES IN THE FIELD OF PLANT PROTECTION AND QUARANTINE

Article 24. Procedures for Imposing Administrative Penalties

1. The procedures and steps for imposing administrative penalties in the field of plant protection and quarantine shall be carried out in accordance with the provisions of Articles 53, 54, 55, 56, 57, and 58 of the Administrative Violation Handling Ordinance.

2. Organizations and individuals who are fined must pay the fine at the location specified in the administrative penalty decision and receive a receipt for the fine. In remote, isolated areas, on rivers, at sea, or in regions where travel is difficult, or outside regular working hours, organizations and individuals subject to penalties may pay the fine to the person authorized to impose penalties., if there is no receipt for collecting the fine, the person penalized has the right not to pay the fine.

3. Except in cases of warning or fines up to 100,000 dong, the person authorized to impose administrative penalties shall issue the administrative penalty decision on the spot (according to simplified procedures). All other administrative violations subject to penalties must be documented and retained fully at the competent authority imposing penalties for the duration prescribed by current regulations.

4. When applying confiscation measures for contraband items and means of transportation involved in administrative violations, the person authorized to impose administrative penalties must strictly follow the procedures stipulated in Article 60 of the Administrative Violation Handling Ordinance. The disposal of confiscated contraband items and means of transportation must comply with the provisions of Article 61 of the Administrative Violation Handling Ordinance.

5. When applying the measure of revoking licenses or certificates, it must be done in accordance with the provisions of Article 59 of the Administrative Violation Handling Ordinance.

6. The management and use of fines collected due to administrative violations shall be implemented in accordance with state regulations.

Article 25. Enforcement of Administrative Penalty Decisions and Forced Execution of Administrative Penalty Decisions

1. Individuals and organizations subject to administrative penalties under this Decree must strictly enforce the administrative penalty decision issued by the authorized person imposing penalties within the time limit prescribed in Article 64 of the Administrative Violation Handling Ordinance.

2. If individuals or organizations subject to administrative penalties do not voluntarily comply with the penalty decision, they will be forced to execute the decision through the measures prescribed in Article 66 of the Administrative Violation Handling Ordinance. When applying forced execution measures for administrative penalty decisions, the agency and the authorized person must follow the enforcement procedures stipulated in Article 67 of the Administrative Violation Handling Ordinance.

Article 26. Application of Measures to Prevent Administrative Violations

1. To promptly prevent administrative violations and ensure the handling of administrative violations in plant protection and quarantine work, the authorized person may apply preventive measures against administrative violations as stipulated in Article 43 of the Administrative Violation Handling Ordinance.

2. The authority, procedures, and steps for applying preventive measures against administrative violations and ensuring the handling of administrative violations in the field of plant protection and quarantine shall be implemented in accordance with the provisions of Articles 44, 45, 46, 47, 48, and 49 of the Administrative Violation Handling Ordinance.

Chapter 5:

PETITIONING, REPORTING AND HANDLING VIOLATIONS

Article 27. Complaints and Reports

1. Individuals and organizations subject to administrative penalties or their legitimate representatives have the right to complain about administrative penalty decisions, decisions to apply preventive measures, and to ensure the handling of administrative violations.

2. Citizens have the right to report to the competent state agencies about illegal acts when handling administrative violations in the field of plant protection and quarantine.

3. Authority, procedures, time limits for appeals, and deadlines for resolving appeals and reports shall be implemented in accordance with the laws on appeals and reports.

Article 28.Rewards

Individuals and organizations that achieve outstanding results in combating administrative violations in the field of plant protection and quarantine shall be rewarded according to the general system of the state.

Strictly prohibited is the use of funds obtained from administrative violations or from selling confiscated contraband items and means of transportation for rewards.

Article 29. Handling Violations by Authorized Persons Imposing Administrative Penalties

Authorized persons imposing administrative penalties in the field of plant protection and quarantine who engage in harassment, tolerance, cover-up, failure to handle, delayed handling, improper handling, exceeding authority, misappropriation, or illegal use of money, goods, contraband items, and means of transportation involved in violations, causing obstruction to legitimate trade flows and damage to organizations and individuals, shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

Article 30. Handling Violations by Individuals Subject to Administrative Penalties

Individuals subject to administrative penalties who commit acts of resisting public officials, delaying, evading compliance, or committing other violations shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

Chapter 6:

IMPLEMENTING PROVISIONS

Article 31. Effective Date

THIS DECREE SHALL TAKE EFFECT 15 DAYS AFTER ITS PUBLICATION IN THE OFFICIAL GAZETTE.

This Decree replaces Government Decree No. 78/CP dated November 29, 1996, regarding administrative penalties in the field of plant protection and quarantine.

Article 32. Responsibility for Guidance and Implementation

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

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.