Decree No. 31/2023/ND-CP on Administrative Sanctions for Crop Production

DECREE

REGULATIONS ON ADMINISTRATIVE SANCTIONS FOR VIOLATIONS IN AGRICULTURAL CULTIVATION

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

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012; the Law Amending and Supplementing Certain Provisions of the Law on Handling Administrative Violations dated November 13, 2020;

Pursuant to the Law on Crop Production dated November 19, 2018;

Pursuant to the Intellectual Property Law on November 29, 2005; the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law on June 19, 2009; the Law Amending and Supplementing Certain Provisions of the Intellectual Property Law on June 16, 2022;

At the proposal of the Minister of Agriculture and Rural Development; the Government issues this Decree regulating administrative sanctions for violations in Agricultural Cultivation.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violations, forms, levels of sanctions, measures to remedy consequences, authority to issue records, and authority to impose administrative sanctions for each position concerning each act of administrative violation in Agricultural Cultivation.

2. Administrative violations in Agricultural Cultivation not regulated in this Decree shall be subject to administrative sanction regulations in other areas of state management as applicable.

Article 2. Applicability

1. This Decree applies to organizations and individuals of Vietnam, foreign organizations and individuals (hereinafter referred to collectively as organizations and individuals), household families, and individual businesses that commit administrative violations in Agricultural Cultivation within the territory of Vietnam; persons with authority to issue records and persons with authority to impose administrative sanctions for violations in Agricultural Cultivation, and other related individuals, agencies, and organizations.

2. Organizations subject to administrative sanctions under this Decree include:

a) State agencies committing acts of administrative violation that are not part of their assigned state management tasks;

b) Economic organizations established in accordance with the Enterprise Law, including: Private enterprises, joint-stock companies, limited liability companies, partnerships;

c) Economic organizations established in accordance with the Law on Cooperatives, including: Cooperatives, cooperative unions;

d) Representative offices and branches of foreign traders in Vietnam; representative offices of foreign trade promotion organizations in Vietnam;

đ) Social organizations, political-social organizations, political-social-professional organizations, social-professional organizations;

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

3. Household families and individual businesses violating the provisions of this Decree shall be sanctioned as if they were individuals committing such violations.

Time Limit for Administrative Penalties

The statute of limitations for administrative sanctions for violations in Agricultural Cultivation is one year. The statute of limitations for administrative sanctions is two years in the following cases:

1. Violations in protecting rights over plant varieties.

2. Violations in producing, trading, exporting, and importing plant varieties.

3. Violations in producing, trading, exporting, and importing fertilizers.

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

1. Principal forms of administrative penalty:

a) Warning;

b) Fine.

2. Supplementary forms of penalties:

a) Revoking the right to use for a period of time the Decision recognizing the organization conducting plant variety trials; the Decision recognizing the circulation of plant varieties or the Decision recognizing new plant varieties; the Certificate of training in plant variety inspection field techniques; the Certificate of training in plant propagation material sampling techniques; the Certificate of meeting conditions for fertilizer production; the Certificate of meeting conditions for fertilizer trading; the Import Permit for fertilizers; the Decision recognizing the organization conducting fertilizer trials or the Decision recognizing the organization meeting conditions for fertilizer trials;

b) Suspending operations for a period of one to three months;

c) Confiscate objects and means of transportation involved in administrative violations.

3. Remedial measures:

a) Compelling the implementation of measures to remediate environmental pollution and the spread of diseases;

b) Compelling the return of illegal gains obtained from the implementation of the violation;

c) Compelling the provision of samples for storage or providing storage samples of plant varieties ensuring quality or compelling storage according to the prescribed regulations;

d) Compelling the return of Plant Variety Protection Certificates to the agency or person authorized to issue such certificates;

đ) Compelling the destruction or changing the purpose of use of plant varieties for violations in producing, trading, and inspecting plant varieties; compelling the destruction or re-export of plant varieties for violations in importing plant varieties;

e) Compelling the retention of plant variety trial records in accordance with the prescribed regulations;

g) Compelling the cancellation of trial results; sampling results of plant propagation materials; lot inspection results; analysis and testing quality results of plant propagation materials;

h) Compelling the development of a plan for using the surface layer of land converted from dedicated rice cultivation when constructing projects;

i) Compelling the separate removal of the surface layer of land converted from dedicated rice cultivation according to the plan for using the surface layer of land when constructing projects;

k) Compelling the recovery of fertilizers for re-testing; using fertilizers for the purpose of importation as stated in the Import Permit for fertilizers;

l) Compelling the destruction of fertilizers produced incorrectly according to the type and form of fertilizers stated in the Certificate of Meeting Conditions for Fertilizer Production; fertilizers without a Decision Recognizing Circulation of Fertilizers in Vietnam or fertilizers with a Decision Recognizing Circulation of Fertilizers in Vietnam that have expired or been revoked;

m) Compelling the re-export, recycling, or destruction of fertilizers;

n) Compelling the cancellation of fertilizer trial results; sampling results of fertilizers; quality testing results of fertilizers;

o) Compelling the recovery and destruction of all types of files and documents;

p) Compelling the return of decisions, certificates, permits, and professional certificates that have been erased, altered, or falsified to the agency or person authorized to issue them.

Article 5. Provisions on the maximum fine amount and authority to impose fines

1. The maximum fine for a single administrative violation concerning cultivation (excluding fertilizers) for individuals is 50,000,000 VND.

2. The maximum fine for a single administrative violation concerning fertilizers for individuals is 100,000,000 VND.

3. The fine amounts prescribed in Chapter II and Chapter III of this Decree apply to individuals. The fine amount for organizations committing the same administrative violation is twice the fine amount for individuals.

4. The authority to impose fines for the positions specified in Chapter IV of this Decree applies to individual administrative violations. The authority to impose fines for organizations is twice the authority to impose fines for individuals.

Article 6. Provisions on concluded administrative violations and ongoing administrative violations

Concluded administrative violations and ongoing administrative violations are determined based on the provisions stipulated in Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government detailing certain articles and implementing measures of the Law on Handling Administrative Violations.

Article 7. Administrative penalties for repeated violations

1. Individuals and organizations repeatedly violating administrative regulations that do not fall under the circumstances stipulated in Clause 2 of this Article shall be penalized for each separate administrative violation without applying the aggravating circumstance of repeated violations when issuing the decision on administrative penalties.

2. Individuals and organizations repeatedly violating administrative regulations as specified at point c, d of Clause 3, and point a of Clause 4 of Article 21 of this Decree shall not be penalized for each separate administrative violation but shall have the aggravating circumstance of repeated violations applied when issuing the decision on administrative penalties.

Chapter II

ADMINISTRATIVE VIOLATIONS, FORMS, AND LEVELS OF PENALTIES

AND REMEDIAL MEASURES FOR CULTIVATION

(EXCEPT FOR FERTILIZERS)

Article 8. Violation of regulations on seed variety testing

1. A fine from 3,000,000 VND to 5,000,000 VND for failing to properly retain seed variety testing records as required.

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

a) Failing to maintain full conditions of the seed variety testing organization as at the time the competent authority issued the Decision recognizing the seed variety testing organization;

b) Not adhering to national standards for seed variety testing methods for the tested crop species;

c) Conducting seed variety testing services not in accordance with the content recorded in the Decision recognizing the seed variety testing organization.

3. A fine from 20,000,000 VND to 25,000,000 VND for providing results that differ from the actual seed variety testing results.

4. A fine from 25,000,000 VND to 30,000,000 VND for conducting seed variety testing on major crop species without obtaining or renewing the Decision recognizing the seed variety testing organization from the competent authority or having such Decision revoked.

5. A fine from 30,000,000 VND to 35,000,000 VND for conducting seed variety testing on genetically modified crops without obtaining a safety certificate and a confirmation of suitability for food and feed from the relevant laws on biodiversity.

6. A fine from 35,000,000 VND to 40,000,000 VND for failing to conduct seed variety testing as required or conducting it improperly while still issuing test results.

7. A fine from 40,000,000 VND to 50,000,000 VND for tampering with or altering seed variety testing documents;

8. Additional forms of punishment:

a) Revoking the right to use the Decision recognizing the seed variety testing organization for three to six months for the violation stipulated in Clause 2 of this Article if it is a repeated or recidivist offense;

b) Revoking the right to use the Decision recognizing the seed variety testing organization for six to nine months for the violation stipulated in Clause 3 of this Article if it is a repeated or recidivist offense;

c) Revoking the right to use the Decision recognizing the seed variety testing organization for nine to twelve months for the violations stipulated in Clauses 5, 6, and 7 of this Article if they are repeated or recidivist offenses.

9. Remedial measures:

a) Compelling the retention of seed variety testing records as required for the violation stipulated in Clause 1 of this Article;

b) Compelling the cancellation of test results for the violations stipulated in Clauses 2, 3, 4, 5, and 6 of this Article;

c) Compelling the recall and destruction of all types of records and documents for the violation stipulated in Clause 7 of this Article.

Article 9. Violation of regulations on seed sample storage

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of failing to submit additional seed samples when requested by the organization responsible for storing samples, in cases where the submitted seed samples do not meet the quantity requirements set forth by the Ministry of Agriculture and Rural Development or do not meet the quality standards stipulated in the National Technical Regulations on Seed Quality.

2. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of failing to provide seed samples upon request by state management agencies during inspections, examinations, or resolution of disputes regarding seeds.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of improperly storing seed samples or failing to ensure consistency between stored samples and those provided to state management agencies or testing organizations.

4. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for the act of submitting seed registration for testing to recognize circulation that does not match the stored sample.

5. Measures to remedy consequences:

a) Order to submit additional stored samples for the act specified in Clause 1 of this Article;

b) Order to provide stored samples for the act specified in Clause 2 of this Article;

c) Order to store samples in accordance with regulations for the act specified in Clause 3 of this Article;

d) Order to invalidate the testing results for recognizing circulation of seeds for the act specified in Clause 4 of this Article.

Article 10. Violation of regulations on seed production

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of producing seeds of non-major crop species for sale purposes without self-declaration of circulation or without a Decision recognizing circulation or a Decision recognizing new seed varieties or a Decision recognizing special recognition or without authorization from organizations or individuals who have self-declared circulation or have received a Decision recognizing circulation or a Decision recognizing new seed varieties.

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

a) Producing seeds of major crop species for sale purposes that do not comply with the contents in the Decision recognizing circulation or the Decision recognizing new seed varieties or the Decision recognizing special circulation of seeds;

b) Producing seeds before having or renting a location, infrastructure, and equipment according to national standards on seed production methods or basic standards in cases where there are no national standards.

3. A fine shall be imposed for the act of producing fruit trees or perennial industrial crops through vegetative propagation methods without using planting material from mother plants or mother orchards that have been granted a Decision recognizing them, specifically as follows:

a) A fine of VND 5,000,000 to VND 7,000,000 shall be imposed for producing a batch of seeds with less than 500 seedlings;

b) A fine of VND 7,000,000 to VND 10,000,000 shall be imposed for producing a batch of seeds with 500 to less than 1,000 seedlings;

c) A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for producing a batch of seeds with 1,000 to less than 2,000 seedlings;

d) A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for producing a batch of seeds with 2,000 to less than 3,000 seedlings;

đ) A fine of VND 20,000,000 to VND 25,000,000 shall be imposed for producing a batch of seeds with 3,000 to less than 5,000 seedlings;

e) A fine of VND 25,000,000 to VND 30,000,000 shall be imposed for producing a batch of seeds with 5,000 or more seedlings.

4. A fine shall be imposed for the act of producing seeds of major crop species for sale purposes without receiving a Decision recognizing circulation or a Decision recognizing new seed varieties or a Decision recognizing special circulation or without authorization from organizations or individuals who have received a Decision recognizing circulation or a Decision recognizing new seed varieties, specifically as follows:

a) A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the quantity of produced seeds valued at less than VND 50,000,000 or illegal profit under VND 15,000,000;

b) A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the quantity of produced seeds valued at VND 50,000,000 to less than VND 75,000,000 or illegal profit from VND 15,000,000 to less than VND 25,000,000;

c) A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for the quantity of produced seeds valued at VND 75,000,000 to less than VND 100,000,000 or illegal profit from VND 25,000,000 to less than VND 35,000,000;

d) A fine of VND 20,000,000 to VND 25,000,000 shall be imposed for the quantity of produced seeds valued at VND 100,000,000 to less than VND 125,000,000 or illegal profit from VND 35,000,000 to less than VND 50,000,000;

đ) A fine of VND 25,000,000 to VND 30,000,000 shall be imposed for the quantity of produced seeds valued at VND 125,000,000 to less than VND 150,000,000 or illegal profit from VND 50,000,000 to less than VND 65,000,000;

e) A fine of VND 30,000,000 to VND 35,000,000 shall be imposed for the quantity of produced seeds valued at VND 150,000,000 to less than VND 175,000,000 or illegal profit from VND 65,000,000 to less than VND 80,000,000;

g) A fine of VND 35,000,000 to VND 40,000,000 shall be imposed for the quantity of produced seeds valued at VND 175,000,000 to less than VND 200,000,000 or illegal profit from VND 80,000,000 to less than VND 100,000,000;

h) A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for the quantity of produced seeds valued at VND 200,000,000 or more or illegal profit from VND 100,000,000 or more when the competent authority has one of the decisions not to initiate criminal proceedings, decision to revoke the decision to initiate criminal proceedings, decision to terminate investigation, decision to terminate the case, decision to terminate the case against the suspect, or decision to exempt criminal responsibility according to the judgment.

5. Additional form of punishment: Suspension of the right to use the Decision recognizing circulation of seeds or the Decision recognizing new seed varieties for three to six months for organizations or individuals committing the acts specified in point a, Clause 2 of this Article.

6. Measures to remedy consequences:

a) Order to destroy seeds for the acts specified in Clauses 3 and 4 of this Article;

b) Compel the surrender of the unlawful profits obtained through the acts prescribed in this Article.

Article 11. Violations concerning the sale of plant seeds

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

a) Selling plant seeds that do not belong to major crop species without valid self-declaration information on seed circulation in accordance with the laws on cultivation.

b) Selling plant seeds without notifying the Department of Agriculture and Rural Development where the seeds are sold of transaction addresses, names of organizations, individuals, or their legal representatives, and contact phone numbers.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for selling plant seeds (excluding industrial crops and perennial fruit trees) without documentation ensuring traceability of the seed lot and quality documentation of the seed lot as prescribed.

3. A fine shall be imposed for selling industrial crops and perennial fruit trees without documentation ensuring traceability of the seed lot and quality documentation of the seed lot as prescribed, specifically as follows:

a) A fine of from VND 3,000,000 to VND 4,000,000 shall be imposed for selling a seed lot containing less than 100 seedlings.

b) A fine of from VND 4,000,000 to VND 5,000,000 shall be imposed for selling a seed lot containing from 100 to less than 200 seedlings.

c) A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed for selling a seed lot containing from 200 to less than 500 seedlings.

d) A fine of from VND 7,000,000 to VND 10,000,000 shall be imposed for selling a seed lot containing 500 seedlings or more.

4. A fine shall be imposed for selling expired plant seeds, specifically as follows:

a) A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed for a seed lot valued at less than VND 5,000,000.

b) A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for a seed lot valued at from VND 5,000,000 to less than VND 10,000,000.

c) A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for a seed lot valued at from VND 10,000,000 to less than VND 20,000,000.

d) A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for a seed lot valued at from VND 20,000,000 to less than VND 30,000,000.

đ) A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for a seed lot valued at from VND 30,000,000 to less than VND 40,000,000.

e) A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for a seed lot valued at from VND 40,000,000 to less than VND 50,000,000.

g) A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for a seed lot valued at from VND 50,000,000 to less than VND 70,000,000.

h) A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for a seed lot valued at VND 70,000,000 or more.

5. A fine shall be imposed for selling plant seeds belonging to major crop species but not yet granted a Decision recognizing seed circulation or a Decision recognizing new seed varieties or not having a Decision recognizing special case seed circulation, specifically as follows:

a) A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for a quantity of seeds sold valued at less than VND 50,000,000 or unlawful profits under VND 15,000,000.

b) A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for a quantity of seeds sold valued at from VND 50,000,000 to less than VND 75,000,000 or unlawful profits from VND 15,000,000 to less than VND 25,000,000.

c) A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for a quantity of seeds sold valued at from VND 75,000,000 to less than VND 100,000,000 or unlawful profits from VND 25,000,000 to less than VND 35,000,000.

d) A fine of from VND 20,000,000 to VND 25,000,000 shall be imposed for a quantity of seeds sold valued at from VND 100,000,000 to less than VND 125,000,000 or unlawful profits from VND 35,000,000 to less than VND 50,000,000.

đ) A fine of from VND 25,000,000 to VND 30,000,000 shall be imposed for a quantity of seeds sold valued at from VND 125,000,000 to less than VND 150,000,000 or unlawful profits from VND 50,000,000 to less than VND 65,000,000.

e) A fine of from VND 30,000,000 to VND 35,000,000 shall be imposed for a quantity of seeds sold valued at from VND 150,000,000 to less than VND 175,000,000 or unlawful profits from VND 65,000,000 to less than VND 80,000,000.

g) A fine of from VND 35,000,000 to VND 40,000,000 shall be imposed for a quantity of seeds sold valued at from VND 175,000,000 to less than VND 200,000,000 or unlawful profits from VND 80,000,000 to less than VND 100,000,000.

h) A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for a quantity of seeds sold valued at VND 200,000,000 or more or unlawful profits of VND 100,000,000 or more when the competent authority with jurisdiction makes one of the decisions not to initiate criminal proceedings, revoke the decision to initiate criminal proceedings, terminate the investigation, terminate the case, or terminate the case against the suspect, exempting criminal responsibility according to the judgment.

6. Additional sanctions: Revocation of the right to use the Decision recognizing seed circulation or the Decision recognizing new seed varieties for a period of three to six months for the acts prescribed in Clause 2 and 3 of this Article if the organization or individual who has been granted the Decision recognizing seed circulation or the Decision recognizing new seed varieties engages in the sale of plant seeds belonging to major crop species.

7. Measures to remedy consequences:

a) Compel the change of purpose of use of the plant seeds for the acts prescribed in Clause 4 of this Article; in cases where the plant seeds cannot be changed in purpose of use, compel destruction.

b) Compel the destruction of the plant seeds for the acts prescribed in Clause 5 of this Article.

c) Compel the surrender of the unlawful profits obtained through the acts prescribed in this Article.

Article 12. Violation of regulations on field testing of seed plots

1. A fine of VND 3,000,000 to VND 5,000,000 for the act of field testing seed plots outside the scope specified in the Certificate of Training in Seed Plot Testing.

2. A fine of VND 5,000,000 to VND 7,000,000 for the act of field testing seed plots not in accordance with national standards on seed plot testing methods.

3. A fine of VND 7,000,000 to VND 10,000,000 for the act of conducting field testing of seed plots without having been issued a Certificate of Training in Seed Plot Testing.

4. A fine of VND 15,000,000 to VND 20,000,000 for the act of producing seeds without conducting field testing of seed plots as prescribed.

5. Additional form of punishment: Revocation of the right to use the Certificate of Training in Seed Plot Testing for a period of six to twelve months for the acts stipulated in Clause 1 and 2 of this Article.

6. Measures to remedy consequences:

a) Order the invalidation of the results of seed lot testing for the acts stipulated in Clauses 1, 2, and 3 of this Article;

b) Order the change of purpose of use of the seed lot for the act stipulated in this Article.

Article 13. Violation of regulations on sampling of propagation materials

1. A fine of VND 2,000,000 to VND 3,000,000 for the act of sampling propagation materials of plants outside the scope specified in the Certificate of Training in Sampling Propagation Materials of Plants.

2. A fine of VND 3,000,000 to VND 5,000,000 for the act of sampling plant seeds not in accordance with national standards on seed sampling methods.

3. A fine of VND 5,000,000 to VND 7,000,000 for the act of conducting sampling of propagation materials of plants without having been issued a Certificate of Training in Sampling Propagation Materials of Plants.

4. Additional form of punishment: Revocation of the right to use the Certificate of Training in Sampling Propagation Materials of Plants for a period of six to twelve months for the acts stipulated in Clauses 1 and 2 of this Article.

5. Measures to remedy consequences: Order the invalidation of the results of sampling propagation materials of plants, and the results of quality analysis and testing of propagation materials of plants for the acts stipulated in this Article.

Article 14. Violation of regulations on the export of plant seeds

1. A fine of VND 10,000,000 to VND 15,000,000 for the act of exporting plant seeds and hybrid seeds of plant varieties that have not been granted a Decision on Recognition for Circulation or self-declaration of circulation and do not belong to the List of Prohibited Plant Genetic Resources for Export, for purposes of research, trials, advertising, exhibitions, international exchanges not for commercial purposes, not in accordance with the content in the Export Permit for Plant Seeds.

2. A fine of VND 15,000,000 to VND 20,000,000 for the act of exporting plant seeds and hybrid seeds of plant varieties that have not been granted a Decision on Recognition for Circulation or self-declaration of circulation and do not belong to the List of Prohibited Plant Genetic Resources for Export for purposes of research, trials, advertising, exhibitions, international exchanges not for commercial purposes, without an Export Permit for Plant Seeds.

3. A fine of VND 40,000,000 to VND 50,000,000 for the act of exporting plant seeds belonging to the List of Prohibited Plant Genetic Resources for Export.

4. Additional form of punishment: Confiscation of contraband goods and means of administrative violation stipulated in this Article.

5. Measures to remedy consequences: Order the return of illegal profits obtained from implementing the acts stipulated in this Article.

Article 15. Violation of regulations on importing plant varieties

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of importing plant varieties that have not been granted a Decision recognizing circulation or self-declaration of circulation for research, testing, advertising, exhibitions, and international exchange without reporting the results of importation and use of the variety to the competent authority as prescribed.

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of importing plant varieties that have not been granted a Decision recognizing circulation or self-declaration of circulation for research, testing, advertising, exhibitions, and international exchange not in accordance with the contents specified in the Plant Variety Import Permit.

3. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for the act of importing plant varieties that have not been granted a Decision recognizing circulation or self-declaration of circulation for research, testing, advertising, exhibitions, and international exchange without a Plant Variety Import Permit.

4. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for the act of importing plant varieties that cause harm to production, human health, and the ecological environment.

5. Measures to remedy consequences:

a) Compel re-export of the imported plant variety for the acts stipulated in Clauses 2, 3, and 4 of this Article. In cases where re-export is not possible, compel destruction;

b) Compel implementation of measures to remediate environmental pollution and prevent the spread of diseases for the act stipulated in Clause 4 of this Article.

Article 16. Violation of regulations on managing permits and certificates for plant varieties

1. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for the act of using the permit or certificate for practicing the profession of plant varieties of another organization or individual, including:

a) Decision recognizing circulation of plant varieties or Decision recognizing new plant varieties;

b) Decision recognizing testing organizations of plant varieties;

c) Decision recognizing parent plants, Decision recognizing parent plant nurseries;

d) Certificate of training in seed variety field inspection operations; Certificate of training in sampling operations for plant propagation materials;

đ) Service representative practice certificate related to plant varieties;

e) Export and import permit for plant varieties.

2. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for the act of intentionally altering, erasing, or tampering with the contents of any of the permits or certificates for practicing the profession of plant varieties as stipulated in Clause 1 of this Article;

3. Measures to remedy consequences:

a) Compel the return of illegal profits obtained from implementing the act stipulated in Clause 1 of this Article;

b) Compel the return of all decisions, certificates, permits, and certificates for practicing the profession of plant varieties for the act stipulated in Clause 2 of this Article to the agency or person who issued such decisions, certificates, permits, and certificates.

Article 17. Violation of regulations on the rights of the owner of a Plant Variety Protection Certificate

1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for the act of using a plant variety that has been accepted for registration protection for commercial purposes without paying compensation as prescribed in Article 189 of the Intellectual Property Law.

2. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for the act of using the rights of the owner of a Plant Variety Protection Certificate related to propagation material of a protected plant variety without the consent of the owner of the Plant Variety Protection Certificate to carry out one of the following purposes:

a) Production or propagation;

b) Processing for the purpose of propagation;

c) Offering for sale;

d) Selling or carrying out market access activities;

đ) Exporting;

e) Importing;

g) Storing to carry out one of the acts prescribed in points a, b, c, d, đ, and e of this clause;

h) Carrying out one of the acts prescribed in points a, b, c, d, đ, and e of this clause for a plant variety whose production requires repeated use of the protected plant variety;

i) Carrying out one of the acts prescribed in points a, b, c, d, đ, and e of this clause for a plant variety primarily derived from a protected plant variety, except in cases where the protected plant variety is primarily derived from another protected plant variety;

3. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for the act of using harvested material obtained from the unlawful use of propagation material of a protected plant variety to carry out the acts prescribed in Clause 2 of this Article, except in cases where the owner of the Plant Variety Protection Certificate had a reasonable opportunity to exercise their rights over the propagation material but did not do so.

4. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for the act of using a name for a plant variety that is identical or similar to the name of a protected plant variety for a plant variety of the same genus or closely related species to the protected plant variety.

5. Additional form of punishment: Confiscation of the objects of violation as prescribed in Clauses 1, 2, and 3 of this Article.

6. Measures to remedy consequences: Compel the return of illegal profits obtained from implementing the acts prescribed in this Article.

Article 18. Violation of obligations of the Certificate holder for plant variety protection and the author of the plant variety

1. A fine of VND 15,000,000 to VND 25,000,000 shall be imposed on one of the following acts:

a) The Certificate holder for a protected plant variety does not transfer the right to use the protected plant variety according to the compulsory transfer decision of the competent authority;

b) The Certificate holder for a protected plant variety does not pay remuneration to the author of the plant variety as prescribed;

c) The Certificate holder does not meet the conditions regarding distinctness, uniformity, and stability of the protected plant variety at the time of issuance of the Certificate for Plant Variety Protection but still exploits and uses propagation material;

d) The author of the plant variety does not fulfill the obligation to assist the Certificate holder in maintaining the propagation material of the protected plant variety.

2. A fine of from twenty million dong to thirty million dong shall be imposed on the act of using a Certificate for Plant Variety Protection that has expired, been suspended, or had its validity revoked to exercise rights over the plant variety.

3. Measures to remedy consequences:

a) Order the return of all unlawful profits obtained through the acts specified in point c, Clause 1 and Clause 2 of this Article;

b) Order the return of the Certificate for Plant Variety Protection to the agency or person who issued it for the act specified in point c, Clause 1 of this Article.

Article 19. Violation of the collection of crop by-products

A warning shall be given for the first violation and a fine of from five hundred thousand dong to one million dong shall be imposed for repeated violations or multiple violations within a single case involving failure to collect crop by-products; or collecting and transporting crop by-products affecting agricultural production activities or traffic.

Article 20. Violation of the protection and use of the surface layer of land dedicated to rice cultivation

1. A fine shall be imposed on the act of constructing works on land converted from land dedicated to rice cultivation that affects the surface layer of the soil without a plan for utilizing the surface layer of the soil, specifically as follows:

a) A fine of from five million dong to ten million dong shall be imposed for areas under 0.5 hectares;

b) A fine of from ten million dong to twenty million dong shall be imposed for areas from 0.5 hectares to less than 1.0 hectare;

c) A fine of from twenty million dong to thirty million dong shall be imposed for areas from 1.0 hectare to less than 3.0 hectares;

d) A fine of from thirty million dong to forty million dong shall be imposed for areas from 3.0 hectares to less than 5.0 hectares;

đ) A fine of from forty million dong to fifty million dong shall be imposed for areas of 5.0 hectares or more.

2. A fine shall be imposed on the act of constructing works on land converted from land dedicated to rice cultivation that affects the surface layer of the soil without separately removing the surface layer of the soil according to the plan for utilizing the surface layer of the soil, specifically as follows:

a) A fine of from five million dong to ten million dong shall be imposed for areas under 0.5 hectares;

b) A fine of from ten million dong to twenty million dong shall be imposed for areas from 0.5 hectares to less than 1.0 hectare;

c) A fine of from twenty million dong to thirty million dong shall be imposed for areas from 1.0 hectare to less than 3.0 hectares;

d) A fine of from thirty million dong to forty million dong shall be imposed for areas from 3.0 hectares to less than 5.0 hectares;

đ) A fine of from forty million dong to fifty million dong shall be imposed for areas of 5.0 hectares or more.

3. Additional sanctions include suspension of operations for one to three months for the acts stipulated in this Article.

4. Measures to remedy consequences:

a) Order the construction of a plan for utilizing the surface layer of the soil and the separate removal of the surface layer of the soil according to the plan for utilizing the surface layer of the soil for the act stipulated in Clause 1 of this Article;

b) Order the separate removal of the surface layer of the soil according to the plan for utilizing the surface layer of the soil for the act stipulated in Clause 2 of this Article.

Chapter III

ADMINISTRATIVE VIOLATIONS, FORMS, AND LEVELS OF PENALTIES

AND REMEDIAL MEASURES FOR THE AFTERMATH OF FERTILIZER USE

Article 21. Violation of regulations on fertilizer production

1. A warning shall be given for the act of failing to report annually on the situation of fertilizer production, export, and import.

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

a) Lack of separate storage areas for raw materials and finished products;

b) Failure to report annually on the situation of fertilizer production, export, and import for two consecutive years or failure to submit reports promptly when requested by the competent state management agency;

c) Lack of a testing laboratory recognized as compliant with ISO 17025 standards without a contract with a designated testing organization in accordance with the law on product and commodity quality to evaluate the quality indicators of fertilizers produced by the entity (except for entities solely engaged in fertilizer packaging);

3. A fine of from ten million dong to fifteen million dong shall be imposed for any of the following acts:

a) The person directly managing fertilizer production does not have a bachelor's degree or higher in one of the following fields: crop production, plant protection, agronomy, soil science, agriculture, chemistry, biology;

b) Failure to recall or non-compliance with the deadline for recalling fertilizers according to the decision of the competent authority;

c) Failure to retain samples of each batch of fertilizers shipped out according to the required sample retention period;

d) Failure to retain test result records according to the required period for each batch of fertilizers produced and shipped out.

4. Impose a fine of from VND 15,000,000 to VND 20,000,000 for one of the following acts:

a) Failure to conduct quality evaluation tests on each batch of finished fertilizers at one of the laboratories specified in Clause 3 of Article 12 of Decree No. 84/2019/NĐ-CP dated November 14, 2019 of the Government on fertilizer management or a designated laboratory before releasing fertilizers onto the market;

b) Lack of a quality management system recognized as compliant with ISO 9001 or equivalent (except for newly established entities that have not yet operated for one year since establishment);

5. A fine of from twenty million dong to twenty-five million dong shall be imposed for the act of using production lines, machinery, and equipment that are not suitable for the production process of each type and form of fertilizer as registered in the Certificate of Eligibility for Fertilizer Production with the competent state management agency;

6. A fine shall be imposed for violations concerning the Certificate of Eligibility for Fertilizer Production, specifically as follows:

a) A fine of from ten million dong to fifteen million dong shall be imposed for the act of altering, erasing, or tampering with the content recorded in the Certificate of Eligibility for Fertilizer Production;

b) A fine of from twenty million dong to thirty million dong shall be imposed for the act of failing to return the Certificate of Eligibility for Fertilizer Production according to the decision of the competent authority;

c) A fine of from thirty million dong to forty million dong shall be imposed for the act of producing fertilizers that do not match the types and forms of fertilizers listed in the Certificate of Eligibility for Fertilizer Production;

d) A fine of from fifty million dong to sixty million dong shall be imposed for the act of producing fertilizers outside the location specified in the Certificate of Eligibility for Fertilizer Production.

d) A fine of from VND 60,000,000 to VND 70,000,000 for the act of producing fertilizer without a Certificate of Eligibility for Fertilizer Production, or with a Certificate of Eligibility for Fertilizer Production that has expired, been revoked, or withdrawn.

7. A fine for the act of producing fertilizer without a Decision on Recognition of Circulation of Fertilizer in Vietnam (except in cases where fertilizer is produced for research or testing; within the framework of a pilot production project, a program supporting the application and transfer of technological progress and technology during the implementation of the project or program) or fertilizer with a Decision on Recognition of Circulation of Fertilizer in Vietnam that has become invalid or has been revoked, specifically as follows:

a) A fine of from VND 40,000,000 to VND 50,000,000 for a batch of fertilizer valued at less than VND 50,000,000;

b) A fine of from VND 50,000,000 to VND 60,000,000 for a batch of fertilizer valued at from VND 50,000,000 to less than VND 70,000,000;

c) A fine of from VND 60,000,000 to VND 70,000,000 for a batch of fertilizer valued at from VND 70,000,000 to less than VND 100,000,000;

d) A fine of from VND 70,000,000 to VND 80,000,000 for a batch of fertilizer valued at from VND 100,000,000 to less than VND 150,000,000;

đ) A fine of from VND 80,000,000 to VND 90,000,000 for a batch of fertilizer valued at from VND 150,000,000 to less than VND 200,000,000.

8. A fine of from VND 90,000,000 to VND 100,000,000 for the act of producing fertilizer without a Decision on Recognition of Circulation of Fertilizer in Vietnam (except in cases where fertilizer is produced for research or testing; within the framework of a pilot production project, a program supporting the application and transfer of technological progress and technology during the implementation of the project or program) or fertilizer with a Decision on Recognition of Circulation of Fertilizer in Vietnam that has become invalid or has been revoked, if the value of the fertilizer is VND 200,000,000 or more, or illegal profit is VND 100,000,000 or more when the competent authority with criminal prosecution jurisdiction makes one of the decisions not to initiate a criminal case, revoke the decision to initiate a criminal case, terminate the investigation, terminate the case, or terminate the case against the suspect, exempting criminal responsibility according to the judgment.

9. Additional forms of punishment:

a) Revocation of the right to use the Certificate of Eligibility for Fertilizer Production for three to six months for the acts specified in points c and d of Clause 3 and Clause 4 of this Article in cases of repeated violations or recidivism;

b) Revocation of the right to use the Certificate of Eligibility for Fertilizer Production for six to nine months for the act specified in Clause 5 of this Article in cases of repeated violations or recidivism;

c) Revocation of the right to use the Certificate of Eligibility for Fertilizer Production for six to nine months for the acts specified in point c of Clause 6, points a, b, and c of Clause 7 of this Article;

d) Revocation of the right to use the Certificate of Eligibility for Fertilizer Production for nine to twelve months for the acts specified in points d and đ of Clause 7 of this Article;

đ) Revocation of the right to use the Certificate of Eligibility for Fertilizer Production for twenty to twenty-four months for the act specified in Clause 8 of this Article;

10. Measures to address consequences:

a) Compulsory recall of fertilizer for retesting for the act specified in point a of Clause 4 of this Article;

b) Compulsory return of the Certificate of Eligibility for Fertilizer Production for the act specified in point a of Clause 6 of this Article to the agency or person authorized to issue the Certificate of Eligibility for Fertilizer Production;

c) Compulsory destruction of fertilizer resulting from the act specified in point c of Clause 6 of this Article;

d) Compulsory destruction of fertilizer without a Decision on Recognition of Circulation of Fertilizer in Vietnam or with a Decision on Recognition of Circulation of Fertilizer in Vietnam that has become invalid or has been revoked for the acts specified in Clauses 7 and 8 of this Article;

đ) Compulsory return of the unlawful profits obtained from the acts specified in Clauses 7 and 8 of this Article.

Article 22. Violations concerning fertilizer trading (excluding import activities)

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for the act of erasing, altering, or distorting the content in the Certificate of Eligibility for Fertilizer Trading.

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

a) Trading in fertilizers without a Certificate of Eligibility for Fertilizer Trading;

b) Trading in fertilizers during the period when the right to use the Certificate of Eligibility for Fertilizer Trading has been revoked or the certificate has been recalled;

c) Failing to maintain all conditions for fertilizer trading as prescribed in Clause 2, Article 42 of the Agriculture Law 2018 during the course of operation.

3. A fine shall be imposed for trading in fertilizers without a Decision recognizing the circulation of fertilizers in Vietnam or fertilizers with a Decision recognizing the circulation of fertilizers in Vietnam that have expired or been rescinded, specifically as follows:

a) A fine of VND 10,000,000 to VND 20,000,000 for a batch of fertilizers valued at less than VND 50,000,000;

b) A fine of VND 20,000,000 to VND 30,000,000 for a batch of fertilizers valued at VND 50,000,000 to less than VND 100,000,000;

c) A fine of VND 30,000,000 to VND 40,000,000 for a batch of fertilizers valued at VND 100,000,000 to less than VND 150,000,000;

d) A fine of VND 40,000,000 to VND 50,000,000 for a batch of fertilizers valued at VND 150,000,000 to less than VND 200,000,000;

đ) A fine of VND 50,000,000 to VND 60,000,000 for trading in fertilizers without a Decision recognizing the circulation of fertilizers in Vietnam or fertilizers with a Decision recognizing the circulation of fertilizers in Vietnam that have expired or been rescinded, where the value of the batch of fertilizers is VND 200,000,000 or more, when the competent authority with criminal prosecution powers makes one of the decisions not to initiate a criminal case, revoke the decision to initiate a criminal case, terminate the investigation, terminate the case, or terminate the case against the suspect, exempting criminal liability according to the judgment.

4. Additional forms of administrative punishment:

a) Revocation of the right to use the Certificate of Eligibility for Fertilizer Trading for a period of one to three months for the act prescribed in point a, Clause 3 of this Article;

b) Revocation of the right to use the Certificate of Eligibility for Fertilizer Trading for a period of three to six months for the act prescribed in point b, Clause 3 of this Article;

c) Revocation of the right to use the Certificate of Eligibility for Fertilizer Trading for a period of six to nine months for the act prescribed in point c, Clause 3 of this Article;

d) Revocation of the right to use the Certificate of Eligibility for Fertilizer Trading for a period of nine to twelve months for the act prescribed in point d, Clause 3 of this Article;

đ) Revocation of the right to use the Certificate of Eligibility for Fertilizer Trading for a period of twelve to fifteen months for the act prescribed in point đ, Clause 3 of this Article.

5. Measures to remedy consequences:

a) Compulsory destruction of fertilizers without a Decision recognizing the circulation of fertilizers in Vietnam or fertilizers with a Decision recognizing the circulation of fertilizers in Vietnam that have expired or been rescinded for the act prescribed in Clause 3 of this Article;

b) Compulsory return of the Certificate of Eligibility for Fertilizer Trading to the agency or person who issued the Certificate of Eligibility for Fertilizer Trading for the act prescribed in Clause 1 of this Article.

Article 23. Violation of regulations on importing fertilizers

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for the act of erasing, altering, or changing the content in the Import Permit for Fertilizers.

2. A fine shall be imposed for the act of importing fertilizers that do not meet quality standards, have expired, or have not been recognized as fertilizers circulating in Vietnam without an Import Permit for Fertilizers or without an Import Permit for Fertilizers when imported fertilizers require such permits, specifically as follows:

a) A fine of VND 1,000,000 to VND 2,500,000 shall be imposed for a batch of fertilizers with a value under VND 20,000,000;

b) A fine of VND 2,500,000 to VND 5,000,000 shall be imposed for a batch of fertilizers with a value from VND 20,000,000 to under VND 30,000,000;

c) A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for a batch of fertilizers with a value from VND 30,000,000 to under VND 50,000,000;

d) A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for a batch of fertilizers with a value from VND 50,000,000 to under VND 100,000,000;

đ) A fine of VND 15,000,000 to VND 25,000,000 shall be imposed for a batch of fertilizers with a value of VND 100,000,000 or more.

3. Measures to remedy consequences:

a) Compel the re-export of fertilizers for the acts specified in Clause 2 of this Article in cases where fertilizers are imported without meeting quality standards (except for cases where only the pH2O, moisture content, bulk density, or specific gravity quality indicators do not meet standards) or have not been recognized as fertilizers circulating in Vietnam without an Import Permit for Fertilizers or without an Import Permit for Fertilizers when imported fertilizers require such permits. In cases where re-export is not possible, compel destruction;

b) Compel the recycling of fertilizers for the acts specified in Clause 2 of this Article in cases where fertilizers have been recognized as fertilizers circulating in Vietnam but only the pH2O, moisture content, bulk density, or specific gravity quality indicators do not meet standards. In cases where recycling is not possible, apply the following priority measures: compel re-export; compel destruction;

c) Compel the re-export of fertilizers for the acts specified in Clause 2 of this Article in cases where fertilizers have expired. In cases where re-export is not possible, compel destruction;

d) Compel the return of the Import Permit for Fertilizers to the agency or person authorized to issue the Import Permit for Fertilizers for the acts specified in Clause 1 of this Article.

Article 24. Violation of regulations on using imported fertilizers for purposes other than those stated in the Import Permit for Fertilizers

1. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for the act of using imported fertilizers for purposes other than those stated in the Import Permit for Fertilizers.

2. Additional form of punishment: Suspension of the right to use the Import Permit for Fertilizers for six months to one year for the acts specified in this Article.

3. Measures to remedy consequences:

a) Compel the recovery of fertilizers to use them for the import purpose stated in the Import Permit for Fertilizers for the acts specified in this Article;

b) Compel the payment of an amount equal to the value of the violated fertilizers in cases where the evidence of violation has been consumed or cannot be recovered for the acts specified in this Article.

Article 25. Violations concerning sampling of fertilizers; testing quality of fertilizers

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations of regulations on sampling fertilizers for certification of conformity or for state management purposes:

a) Sampling fertilizers without a Certificate of Sampling Fertilizer, a Certificate of Training in Sampling Fertilizer, or a Certificate of Training for Fertilizer Sampler.

b) Not applying the sampling method according to the National Standard on Sampling Fertilizer or not applying the sampling method approved by the competent authority for fertilizer types that do not have a national standard on sampling methods.

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for failing to publish the sampling method or the testing method according to technical standards or national standards or enterprise standards for fertilizer types that do not have technical standards or national standards.

3. A fine shall be imposed for violations of regulations on testing fertilizers, specifically as follows:

a) A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for testing the quality of fertilizers for state management purposes using a test outside the designated scope.

b) A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for testing the quality of fertilizers for state management purposes without being designated or authorized by the competent authority or when the designation decision has expired.

4. Additional form of punishment: Revocation of the designation decision for six to twelve months for the violation specified in point a, Clause 3 of this Article.

5. Measures to remedy consequences: Compelling the cancellation of sampling results and testing results of fertilizer quality for violations specified in Clauses 1 and 3 of this Article.

Article 26. Violations concerning field trials of fertilizers

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

a) Failure to retain field trial records of fertilizers in accordance with regulations;

b) Failure to submit annual reports on the activities of fertilizer field trial organizations or special reports upon request of the competent state management authority.

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

a) Failure to maintain all recognized conditions of fertilizer field trial organizations during the operation of field trials;

b) Failure to comply with technical standards, procedures, and requirements for field trials as prescribed.

3. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for providing results that differ from the actual field trial results of fertilizers.

4. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for conducting field trials of fertilizers not in accordance with regulations but still issuing field trial results.

5. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for altering or tampering with field trial documents of fertilizers.

6. Additional forms of punishment:

a) Revocation of the Decision Recognizing the Field Trial Organization of Fertilizers, the Decision Recognizing the Organization Meeting Conditions for Field Trials for six to twelve months for the violation specified in Clause 2 of this Article if it occurs repeatedly or is a repeat offense;

b) Revocation of the Decision Recognizing the Field Trial Organization of Fertilizers, the Decision Recognizing the Organization Meeting Conditions for Field Trials for nine to twelve months for the violation specified in Clause 4 of this Article;

c) Revocation of the Decision Recognizing the Field Trial Organization of Fertilizers, the Decision Recognizing the Organization Meeting Conditions for Field Trials for twelve to eighteen months for the violation specified in Clause 5 of this Article.

7. Measures to remedy consequences:

a) Compelling the cancellation of field trial results of fertilizers for the violations specified in Clauses 2, 3, 4, and 5 of this Article;

b) Compelling the recovery and destruction of related documents for the violation specified in Clause 5 of this Article.

Article 27. Violations concerning fertilizer usage

1. A warning shall be imposed for the act of using fertilizers not in accordance with the usage instructions stated on the fertilizer label.

2. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for the act of using fertilizers without origin or source.

Chapter IV

AUTHORITY TO IMPOSE FINES AND DETERMINE THE AUTHORITY TO IMPOSE FINES FOR ADMINISTRATIVE VIOLATIONS

ADMINISTRATIVE VIOLATIONS, RECORDING ADMINISTRATIVE VIOLATIONS

AND REMEDIAL MEASURES FOR CULTIVATION

Article 28. Authority to record administrative violations

1. The persons authorized to record administrative violations related to Crop Production include:

a) Persons authorized to impose administrative fines for Crop Production violations as stipulated in Articles 29 through 35 of this Decree;

b) Civil servants and officials in agencies specified in Articles 29, 30, 32, and 33 of this Decree assigned the task of inspecting and detecting administrative violations related to Crop Production;

c) Personnel from the People's Army and People's Public Security Forces specified in Articles 31, 34, and 35 of this Decree assigned the task of inspecting and detecting administrative violations related to Crop Production.

2. The person authorized to record violations as stipulated in Clause 1 of this Article shall be responsible for issuing a decision to impose fines within their authority or transferring the case to the competent authority specified in Articles 29 through 35 of this Decree to issue a decision to impose fines.

Article 29. Authority to impose administrative fines of specialized inspection officers

1. Inspection officers and persons assigned to perform specialized inspection tasks related to Crop Production while performing their duties have the right:

a) To issue warnings;

b) To impose a fine up to VND 500,000 for violations related to Crop Production;

c) To confiscate contraband items and means of transportation involved in administrative violations valued up to VND 1,000,000.

2. The Chief Inspector of the Department of Agriculture and Rural Development; the Director of the Plant Protection Service; the Director of the Crop Production and Plant Protection Service; the Head of the specialized inspection team of the Department of Agriculture and Rural Development; the Head of the specialized inspection team: Crop Production Service, Plant Protection Service, Plant Protection Service, Crop Production and Plant Protection Service have the right:

a) To issue warnings;

b) To impose a fine up to VND 25,000,000 for violations related to Crop Production (excluding fertilizers); a fine up to VND 50,000,000 for violations related to fertilizers;

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

d) To confiscate contraband items and means of transportation involved in administrative violations valued up to VND 50,000,000 for violations related to Crop Production (excluding fertilizers); VND 100,000,000 for violations related to fertilizers;

đ) To apply remedial measures prescribed in Points b, c, d, đ, e, g, h, i, k, l, m, n, o, and p Clause 3 Article 4 of this Decree.

3. The Head of the specialized inspection team appointed by the Minister of Agriculture and Rural Development, the Chief Inspector of the Ministry of Agriculture and Rural Development to conduct inspections and establish inspection teams has the right:

a) To issue warnings;

b) To impose a fine up to VND 35,000,000 for violations related to Crop Production (excluding fertilizers); a fine up to VND 70,000,000 for violations related to fertilizers;

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

d) To confiscate contraband items and means of transportation involved in administrative violations valued up to VND 70,000,000 for violations related to Crop Production (excluding fertilizers); VND 140,000,000 for violations related to fertilizers;

đ) To apply remedial measures prescribed in Points b, c, d, đ, e, g, h, i, k, l, m, n, o, and p Clause 3 Article 4 of this Decree.

4. The Chief Inspector of the Ministry of Agriculture and Rural Development, the Director of the Crop Production Service, the Director of the Plant Protection Service have the right:

a) To issue warnings;

b) To impose a fine up to VND 50,000,000 for violations related to Crop Production (excluding fertilizers); a fine up to VND 100,000,000 for violations related to fertilizers;

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

d) Confiscate contraband and means of administrative violation;

đ) To apply remedial measures prescribed in Clause 3 Article 4 of this Decree.

5. Land administration inspectors, including the Chief Inspector of the Department, the Head of the land administration inspection team appointed by the Director of the Department, the Director of the Department of Natural Resources and Environment to conduct inspections and establish inspection teams; the Head of the land administration inspection team of the Ministry of Natural Resources and Environment; the Chief Inspector of the Ministry of Natural Resources and Environment have the right:

a) To impose a fine up to VND 50,000,000 for violations stipulated in Article 20 of this Decree;

b) To suspend activities for a limited period;

c) To apply remedial measures prescribed in Points h, i Clause 3 Article 4 of this Decree.

Article 30. Competence to impose administrative penalties of Chairpersons of People's Committees at all levels

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

a) To issue warnings;

b) Imposing a fine up to five million dong for violations related to Crop Production;

c) Confiscating objects and means of transportation involved in administrative violations with a value up to ten million dong;

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

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

a) Warning

b) To impose a fine up to VND 25,000,000 for violations related to Crop Production (excluding fertilizers); a fine up to VND 50,000,000 for violations related to fertilizers;

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

d) Confiscate contraband and means of administrative violation;

đ) Applying remedial measures prescribed in points b, c, d, đ, e, g, h, i, k, l, n, o and p Clause 3 Article 4 of this Decree.

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

a) To issue warnings;

b) To impose a fine up to VND 50,000,000 for violations related to Crop Production (excluding fertilizers); a fine up to VND 100,000,000 for violations related to fertilizers;

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

d) Confiscate contraband and means of administrative violation;

đ) To apply remedial measures prescribed in Clause 3 Article 4 of this Decree.

Article 31. Competence to impose penalties of the People's Public Security Forces

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

a) To issue warnings;

b) Imposing a fine up to five hundred thousand dong for administrative violations related to Crop Production.

2. The Station Chief, Team Leader specified in Clause 1 of this Article have the authority:

a) To issue warnings;

b) Imposing a fine up to fifteen hundred thousand dong for administrative violations related to Crop Production.

3. The Head of the Public Security Police of the commune, the Head of the Public Security Police station, the Head of the Public Security Police checkpoint, the industrial zone have the authority:

a) To issue warnings;

b) Imposing a fine up to two million five hundred thousand dong for administrative violations related to Crop Production.

c) Confiscating objects and means of transportation involved in administrative violations with a value up to five million dong.

4. The Head of the Public Security Police of the district; the Head of the Traffic Police Department; the Head of the Public Security Police Department of the province including: the Head of the Environmental Crime Prevention Police Department, the Head of the Economic Crime Investigation Police Department, the Head of the Economic Security Department, the Head of the Administrative Management Police Department for Social Order have the authority:

a) To issue warnings;

b) Imposing a fine up to ten million dong for violations related to Crop Production (excluding fertilizers); imposing a fine up to twenty million dong for violations related to fertilizers;

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

d) Confiscating objects and means of transportation involved in administrative violations with a value up to twenty million dong for violations related to Crop Production (excluding fertilizers); forty million dong for violations related to fertilizers;

đ) Applying remedial measures prescribed in points c, đ, e, g, h, i, k, l, n and p Clause 3 Article 4 of this Decree.

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

a) To issue warnings;

b) To impose a fine up to VND 25,000,000 for violations related to Crop Production (excluding fertilizers); a fine up to VND 50,000,000 for violations related to fertilizers;

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

d) Confiscate contraband and means of administrative violation;

đ) Applying remedial measures prescribed in points b, c, d, đ, e, g, h, i, k, l, n, o and p Clause 3 Article 4 of this Decree.

6. The Director of the Environmental Crime Prevention Police Bureau; the Director of the Traffic Police Bureau; the Director of the Economic Crime Investigation Police Bureau; the Director of the Economic Security Bureau, the Director of the Administrative Management Police Bureau for Social Order have the authority:

a) To issue warnings;

b) To impose a fine up to VND 50,000,000 for violations related to Crop Production (excluding fertilizers); a fine up to VND 100,000,000 for violations related to fertilizers;

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

d) Confiscate contraband and means of administrative violation;

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

Article 32. Competence to impose penalties of Market Management

1. Market inspectors performing their duties have the right to:

a) To issue warnings;

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

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

a) To issue warnings;

b) Imposing a fine up to twenty-five million dong for violations related to Crop Production;

c) Applying remedial measures prescribed in points b, đ, k, l and p Clause 3 Article 4 of this Decree.

3. The Director of the Provincial Market Management Bureau and the Director of the Market Management Business Bureau under the General Department of Market Management have the authority:

a) To issue warnings;

b) Imposing a fine up to fifty million dong for violations related to Crop Production;

c) To revoke the right to use licenses and certificates of practice for a period of time;

d) Applying remedial measures prescribed in points a, b, đ, k, l, m and p Clause 3 Article 4 of this Decree.

4. The Director of the General Department of Market Management has the authority:

a) To issue warnings;

b) Imposing a fine up to fifty million dong for violations related to Crop Production (excluding fertilizers); imposing a fine up to one hundred million dong for fertilizers;

c) To revoke the right to use licenses and certificates of practice for a period of time;

d) Applying remedial measures prescribed in points a, b, đ, k, l, m and p Clause 3 Article 4 of this Decree.

Article 33. Competence to impose penalties of Customs

1. Customs officials performing official duties have the right to:

a) To issue warnings;

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

2. The Head of a Team, the Head of a Group under a Customs Sub-department; the Head of a Control Group under a Provincial, Interprovincial, or Central-Supervised City Customs Department; the Head of a Post-Clearance Inspection Sub-department Team have the authority:

a) To issue warnings;

b) To impose fines up to five million dong for violations related to Cultivation.

3. The Head of a Customs Sub-department; the Head of a Post-Clearance Inspection Sub-department, the Head of a Control Team under a Provincial, Interprovincial, or Central-Supervised City Customs Department; the Head of a Criminal Investigation Team, the Head of an Anti-Smuggling Control Team, the Head of a Maritime Control Team, and the Head of an Anti-Smuggling Counterfeit Goods Control and Intellectual Property Protection Team under the Anti-Smuggling Investigation Department; the Head of a Post-Clearance Inspection Sub-department under the Post-Clearance Inspection Department have the authority:

a) To issue warnings;

b) Imposing a fine up to twenty-five million dong for violations related to Crop Production;

c) To confiscate contraband items and means of transportation with a value up to fifty million dong;

d) To apply remedial measures prescribed at points b, đ, m, and p Clause 3 Article 4 of this Decree.

4. The Director of the Anti-Smuggling Investigation Department, the Director of the Post-Clearance Inspection Department under the General Department of Customs, the Director of a Provincial, Interprovincial, or Central-Supervised City Customs Department have the authority:

a) To issue warnings;

b) Imposing a fine up to fifty million dong for violations related to Crop Production;

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

d) Confiscate contraband and means of administrative violation;

đ) To apply remedial measures prescribed at points b, đ, m, and p Clause 3 Article 4 of this Decree.

5. Chiefs of the General Department of Customs have the authority to:

a) To issue warnings;

b) To impose fines up to fifty million dong for violations related to plant seeds; to impose fines up to one hundred million dong for violations related to fertilizers;

c) To confiscate objects and means of administrative violations;

d) To apply remedial measures prescribed at points b, đ, m, and p Clause 3 Article 4 of this Decree.

Article 34. Competence to impose penalties of Border Guard Force

1. Border Guard soldiers performing official duties have the right to:

a) To issue warnings;

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

2. The station chief, team leader of those specified in Clause 1 of this Article have the right to:

a) To issue warnings;

b) To impose fines up to two million five hundred thousand dong for violations related to Cultivation.

3. The Commander of a Border Guard Post, the Commander of a Border Guard Squadron, the Commander of a Border Gate Command have the authority:

a) To issue warnings;

b) Imposing a fine up to ten million dong for violations related to Crop Production (excluding fertilizers); imposing a fine up to twenty million dong for violations related to fertilizers;

c) To confiscate contraband items and means of transportation with a value up to twenty million dong;

d) To apply remedial measures prescribed at points đ, l, m, and p Clause 3 Article 4 of this Decree.

4. The Commander of a Provincial Border Guard Force; the Commander of a Border Guard Flotilla, the Director of the Drug Prevention and Crime Suppression Department under the Border Guard Command Headquarters have the authority:

a) To issue warnings;

b) To impose fines up to fifty million dong for violations related to Cultivation (excluding fertilizers); up to one hundred million dong for violations related to fertilizers;

c) To revoke the right to use licenses and certificates of practice for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To apply remedial measures prescribed at points a, b, đ, l, m, and p Clause 3 Article 4 of this Decree.

Article 35. Competence to impose penalties of Coast Guard

1. Coast Guard officers performing their duties have the right to:

a) To issue warnings;

b) To impose fines up to one million five hundred thousand dong for violations related to Cultivation.

2. The head of the Coast Guard business affairs team have the right to:

a) To issue warnings;

b) To impose fines up to five million dong for violations related to Cultivation.

3. The Head of the Maritime Police Operational Team, the Head of the Maritime Police Station have the right to:

a) To issue warnings;

b) To impose fines up to ten million dong for violations related to Cultivation;

c) To apply remedial measures prescribed at point đ Clause 3 Article 4 of this Decree.

4. The maritime squadron commander have the right to:

a) To issue warnings;

b) Imposing a fine up to ten million dong for violations related to Crop Production (excluding fertilizers); imposing a fine up to twenty million dong for violations related to fertilizers;

c) To confiscate contraband items and means of transportation with a value up to twenty million dong;

d) To apply remedial measures prescribed at points đ, l, m, and p Clause 3 Article 4 of this Decree.

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

a) To issue warnings;

b) To impose fines up to fifteen million dong for violations related to Cultivation (excluding fertilizers); to impose fines up to thirty million dong for violations related to fertilizers;

c) To confiscate contraband items and means of transportation with a value up to thirty million dong;

d) To apply remedial measures prescribed at points đ, l, m, and p Clause 3 Article 4 of this Decree.

6. The Commander of a Coast Guard Zone, the Director of the Operations and Law Department under the Vietnam Coast Guard Command Headquarters have the authority:

a) To issue warnings;

b) To impose a fine up to VND 25,000,000 for violations related to Crop Production (excluding fertilizers); a fine up to VND 50,000,000 for violations related to fertilizers;

c) To revoke the right to use licenses and certificates of practice for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To apply remedial measures prescribed at points đ, l, m, and p Clause 3 Article 4 of this Decree.

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

a) To issue warnings;

b) To impose a fine up to VND 50,000,000 for violations related to Crop Production (excluding fertilizers); a fine up to VND 100,000,000 for violations related to fertilizers;

c) To revoke the right to use licenses and certificates of practice for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To apply remedial measures prescribed at points a, đ, l, m, and p Clause 3 Article 4 of this Decree.

Article 36. Allocation of Administrative Violation Sanctioning Authority of Specialized Inspectors, Chairpersons of People's Committees at all levels, Public Security Officers, Market Management, Customs, Border Guard Forces, Coast Guard

1. Specialized Inspectors

a) Specialized Inspectors for Crop Production have the authority to impose administrative sanctions within their jurisdiction, field, and scope of management regarding acts of administrative violations concerning Crop Production as stipulated in Chapters II and III of this Decree;

b) Specialized Inspectors for Land, including the Chief Inspector of the Department, the Head of specialized land inspection teams appointed by the Director of the Department, the Chief Inspector of the Department of Natural Resources and Environment, the Head of the Ministry of Natural Resources and Environment Inspection Team, and the Chief Inspector of the Ministry of Natural Resources and Environment have the authority to impose sanctions on acts of administrative violations as prescribed in Article 20 of this Decree.

2. Chairpersons of People's Committees at all levels have the authority to impose administrative sanctions within their jurisdiction, field, and scope of management regarding acts of administrative violations concerning Crop Production as stipulated in Chapters II and III of this Decree.

3. Public Security Officers have the authority to impose administrative sanctions within their jurisdiction, field, and scope of management regarding acts of administrative violations concerning Crop Production as stipulated in Chapters II and III of this Decree.

4. Market Management has the authority to impose administrative sanctions within their jurisdiction, field, and scope of management regarding acts of administrative violations concerning Crop Production related to activities of producing, trading, importing plant seeds, producing, trading, importing fertilizers as stipulated in Articles 10, 11, 15, 21, 22, and 23 of this Decree.

5. Customs has the authority to impose administrative sanctions within their jurisdiction, field, and scope of management regarding acts of administrative violations concerning Crop Production related to activities of exporting, importing, export and import permits for plant seeds, fertilizers, and using rights of protected certificates related to propagation materials of protected plant varieties for export and import purposes as stipulated in Articles 14, 15, point e Clause 1 Article 16, point d, e Clause 2 Article 17, and Article 23 of this Decree.

6. Border Guard Forces have the authority to impose administrative sanctions within their jurisdiction, field, and scope of management regarding acts of administrative violations concerning Crop Production as stipulated in Articles 11, 14, 15, point e Clause 1 Article 16, Article 22, and Article 23 of this Decree.

7. Coast Guard has the authority to impose administrative sanctions within their jurisdiction, field, and scope of management regarding acts of administrative violations concerning Crop Production occurring in maritime zones, exclusive economic zones, and contiguous zones of the Socialist Republic of Vietnam as stipulated in Articles 11, 14, 15, 22, and 23 of this Decree.

Article 37. Revocation of License Usage Rights, Professional Certificates, and Suspension of Operations with a Time Limit

1. Revocation of license usage rights, professional certificates, or suspension of operations shall be carried out according to the provisions of Chapters II and III of this Decree.

2. The starting point for calculating the duration of revocation of license usage rights, professional certificates shall be as follows:

a) In cases where, at the time of issuing the administrative violation sanction decision, the person authorized to impose sanctions has temporarily seized the license or professional certificate of the individual or organization committing the violation, the starting point for calculating the duration of revocation of license usage rights, professional certificates is the effective date of the administrative violation sanction decision;

b) In cases where, at the time of issuing the administrative violation sanction decision, the person authorized to impose sanctions has not temporarily seized the license or professional certificate of the individual or organization committing the violation, the person authorized to impose sanctions still issues the administrative violation sanction decision according to regulations, the content of the decision must clearly state the effective date of the supplementary sanction form of revocation of license usage rights, professional certificates (starting point for calculation of the duration of revocation) from the time when the violator presents the license or professional certificate to the person authorized to impose sanctions for temporary seizure;

c) When temporarily seizing licenses or professional certificates whose usage rights are revoked according to the provision of point b of this clause and when returning licenses or professional certificates whose usage rights are revoked according to the provisions of points a and b of this clause, the person authorized to impose sanctions must prepare a record and file the administrative violation sanction dossier according to regulations.

3. During the period of being deprived of license usage rights or suspended from operations, if individuals or organizations continue to operate as if they had a license, they will be penalized as if they did not have a license.

Article 38. Enforcement of Sanctions and Measures to Mitigate Consequences

1. The enforcement of administrative violation penalty decisions shall be carried out in accordance with the provisions of Section 2, Chapter III, Part II of the Law on Handling Administrative Violations and Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government detailing certain articles and measures for implementing the Law on Handling Administrative Violations.

2. Records, documents, texts, or other related papers documenting the enforcement of sanctions and measures to mitigate consequences must be included in the administrative violation penalty file in accordance with Article 57 of the Law on Handling Administrative Violations.

Chapter V

IMPLEMENTING PROVISIONS

Article 39. Effective date

1. This Decree takes effect from July 28, 2023.

2. This Decree replaces the provisions in the following documents:

a) The contents regarding the scope of regulation, applicable subjects, statute of limitations for penalties, acts of violation, forms of penalty, levels of penalty, and measures to mitigate consequences in the field of plant varieties as stipulated from Article 1 to Article 18 of Decree No. 31/2016/NĐ-CP dated May 6, 2016 of the Government on administrative violations and penalties in the field of plant varieties, plant protection, and plant quarantine;

b) The contents regarding the authority to impose penalties and the authority to issue administrative violation records in the field of plant varieties as stipulated in Articles 32, 39, and 40 of Decree No. 31/2016/NĐ-CP dated May 6, 2016 of the Government on administrative violations and penalties in the field of plant varieties, plant protection, and plant quarantine;

c) Decree No. 55/2018/NĐ-CP dated April 16, 2018 of the Government on administrative violations and penalties in the field of fertilizers;

d) The contents regarding the authority to impose administrative violations in the field of plant varieties as stipulated in Clause 7, Article 1 of Decree No. 04/2020/NĐ-CP dated January 3, 2020 of the Government amending and supplementing certain articles of Decree No. 31/2016/NĐ-CP dated May 6, 2016 of the Government on administrative violations and penalties in the field of plant varieties, plant protection, and plant quarantine; Decree No. 90/2017/NĐ-CP dated July 31, 2017 of the Government on administrative violations and penalties in the field of veterinary medicine.

Article 40. Transitional Provisions

1. For administrative violations concerning Crop Production occurring before this Decree takes effect but discovered afterwards or under consideration and resolution, the Government's Decree on administrative violations and penalties effective at the time of the violation shall be applied for handling. In cases where this Decree does not provide for legal responsibility or provides lighter legal responsibility for the act that has occurred, this Decree's provisions shall be applied for handling.

2. For administrative violation penalty decisions issued before this Decree takes effect, if the organization or individual subject to the penalty still appeals, the provisions of the Law on Handling Administrative Violations, Decree No. 31/2016/NĐ-CP dated May 6, 2016 of the Government on administrative violations and penalties in the field of plant varieties, plant protection, and plant quarantine; Decree No. 55/2018/NĐ-CP dated April 16, 2018 of the Government on administrative violations and penalties in the field of fertilizers; Decree No. 04/2020/NĐ-CP dated January 3, 2020 of the Government amending and supplementing certain articles of Decree No. 31/2016/NĐ-CP dated May 6, 2016 of the Government on administrative violations and penalties in the field of plant varieties, plant protection, and plant quarantine; Decree No. 90/2017/NĐ-CP dated July 31, 2017 of the Government on administrative violations and penalties in the field of veterinary medicine shall be applied for examination and resolution.

Article 41. Responsibility for Implementation

Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees directly under the central government are responsible for guiding and enforcing this Decree.