Decree No. 41/2017/ND-CP Amending and supplementing certain provisions of decrees on administrative penalties for violations in fisheries activities; veterinary sector, animal breeding stock, livestock feed; forest management, forest development, forest protection, and forest product management.

DECREE

Amending and supplementing some articles of the decrees on administrative penalties for violations in aquaculture activities; veterinary, animal husbandry, feed production sectors; forest management, forest development, forest protection, and forest product management.No.Amending and supplementing some articles of the decrees on administrative penalties for violations in aquaculture activities; veterinary, animal husbandry, feed production sectors; forest management, forest development, forest protection, and forest product management.From 100 million VND to less than 300 million VNDAmending and supplementing some articles of the decrees on administrative penalties for violations in aquaculture activities; veterinary, animal husbandry, feed production sectors; forest management, forest development, forest protection, and forest product management.

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Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Handling Administrative Violations dated June 20, 2012;

Pursuant to the Law on Protection and Development of Forests dated December 3, 2004;

Pursuant to the Tourism Law dated June 14, 2005;

Pursuant to the Law on Veterinary dated June 19, 2015;veterinaryPursuant to the Law on Veterinary dated June 19, 2015;

ences to the Ordinance on Livestock Breeds dated March 24, 2004;

Pursuant to Decree No.08/2Decision No. 010/2010/NĐ-CPdated February 5, 2010 of the Government on feed management for livestock;

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

The Government promulgates this Decree amending and supplementing some articles of the decrees on administrative penalties for violations in aquaculture activities; veterinary, animal husbandry, feed production sectors; forest management, forest development, forest protection, and forest product management.No.Amending and supplementing some articles of the decrees on administrative penalties for violations in aquaculture activities; veterinary, animal husbandry, feed production sectors; forest management, forest development, forest protection, and forest product management.From 100 million VND to less than 300 million VNDAmending and supplementing some articles of the decrees on administrative penalties for violations in aquaculture activities; veterinary, animal husbandry, feed production sectors; forest management, forest development, forest protection, and forest product management.

Article 1. Amend and supplement certain articles of Decree No.Decision No. 103/2013/NĐ-CPdated September 12, 2013 of the Government stipulating administrative penalties for violations in aquaculture activities (hereinafter referred to as Decision No. 103/2013/NĐ-CP).iDecision No. 103/2013/NĐ-CP

Point a Clause 2 Article 1 is amended and supplemented as follows:

"a) Violating regulations on conservation, protection, reproduction, and development of aquatic resources;"

Point đ Clause 2 Article 1 is amended and supplemented as follows:

"đ) Violating regulations on collection, preliminary processing, preservation, storage, transportation, processing, purchase, sale, export, and import of aquatic products;"

Clause 2 Article 4 is amended and supplemented as follows:

"2. Transfer endangered aquatic species that are injured to rescue facilities for treatment, recovery, and release back into their natural habitat when conditions permit, or transfer dead individuals or their derivatives to competent authorities for disposal in accordance with the law."

4. Clause 10 is added to Article 4 as follows:

"10. Order continued farming of aquatic species until the chemical residue and antibiotic levels are below the maximum permissible limits."

5. Clause 1 Article 5 is amended and supplemented as follows:

"1. A fine of VND 5,000,000 to VND 10,000,000 for the act of illegally exploiting and destroying coral reefs, seagrass beds, mangrove forests, and other ecosystems."

6. Clause 2 Article 5 is amended and supplemented as follows:

"2. Fine amounts for the acts of illegally exploiting, buying, selling, transporting, collecting, storing corals are specified as follows:"

7. Clause 4 Article 5 is amended and supplemented as follows:

"4. Additional sanctions:

Seizure of contraband goods for the acts prescribed in Clauses 1, 2, and 3 of this Article."

8. Article 6 is amended and supplemented as follows:

"Article 6. Violation of regulations on protecting aquatic species

1. Fine amounts for the acts of exploiting, transporting, collecting, storing aquatic species if the quantity of such species is smaller than the permitted size and exceeds the permitted limit or is exploited outside the natural environment as follows:

a) A fine of VND 1,000,000 to VND 3,000,000 if the quantity exceeds the permitted limit or the quantity of species exploited outside the natural environment is smaller than the permitted size up to under 30 kg;

b) A fine of VND 3,000,000 to VND 5,000,000 if the quantity exceeds the permitted limit or the quantity of species exploited outside the natural environment is smaller than the permitted size from 30 kg to under 100 kg;

c) A fine of VND 5,000,000 to VND 10,000,000 if the quantity exceeds the permitted limit or the quantity of species exploited outside the natural environment is smaller than the permitted size from 100 kg to under 200 kg;

d) A fine of VND 10,000,000 to VND 20,000,000 if the quantity exceeds the permitted limit or the quantity of species exploited outside the natural environment is smaller than the permitted size from 200 kg to under 300 kg;

đ) A fine of VND 20,000,000 to VND 30,000,000 if the quantity exceeds the permitted limit or the quantity of species exploited outside the natural environment is smaller than the permitted size from 300 kg to under 400 kg;

e) A fine of VND 30,000,000 to VND 40,000,000 if the quantity exceeds the permitted limit or the quantity of species exploited outside the natural environment is smaller than the permitted size from 400 kg and above.”

2. Fine amounts for the acts of violating regulations on prohibited fishing times, areas, and methods as follows:

a) A fine of VND 1,000,000 to VND 3,000,000 for fishing vessels without engines with a designed waterline length under 15 meters or fishing vessels with engines with a total main engine power under 20 horsepower or fishing without using fishing vessels;

b) A fine of VND 3,000,000 to VND 5,000,000 for fishing vessels with a designed waterline length of 15 meters or more but without engines or fishing vessels with engines with a total main engine power from 20 horsepower to under 50 horsepower;Family Planning) for consideration and resolution./.c) A fine of VND 5,000,000 to VND 10,000,000 for fishing vessels with engines with a total main engine power from 50 horsepower to under 90 horsepower;

d) A fine of VND 10,000,000 to VND 20,000,000 for fishing vessels with engines with a total main engine power from 90 horsepower to under 250 horsepower;

đ) A fine of VND 20,000,000 to VND 30,000,000 for fishing vessels with engines with a total main engine power from 250 horsepower to under 400 horsepower;

e) A fine of VND 30,000,000 to VND 40,000,000 for fishing vessels with engines with a total main engine power from 400 horsepower and above.

3. Fine amounts for the acts of breeding and cultivating wild aquatic species of legal origin but not registered as breeding farms as follows:

a) A fine of VND 1,000,000 to VND 3,000,000 for the act of not registering breeding farms for the artificial breeding and cultivation of rare and precious wild aquatic species regulated by Vietnamese law but not listed in the Appendices of the CITES Convention;

b) A fine of VND 3,000,000 to VND 5,000,000 for the act of not registering breeding farms for the artificial breeding and cultivation of wild aquatic species listed in Appendix II and III of the CITES Convention;

c) A fine of VND 5,000,000 to VND 7,000,000 for the act of not registering breeding farms for the artificial breeding and cultivation of wild aquatic species listed in Appendix I of the CITES Convention.

c) A fine of VND 5,000,000 to VND 7,000,000 for the act of not registering breeding farms for growth, reproduction, and artificial cultivation of wild aquatic species listed in Appendix I of the CITES Convention that are at very high risk of extinction, critically endangered (CR).

4. Additional forms of administrative punishment:

Confiscate fishing tools (excluding fishing vessels) for cases of violation of prohibited fishing activities as stipulated in Clause 2 of this Article.

5. Measures to remedy consequences:

a) Order the release of live aquatic products back into their natural habitat for acts prescribed in Clauses 1 and 2 of this Article;

b) Order organizations and individuals to transfer dead aquatic products to competent authorities for disposal for acts prescribed in Clauses 1 and 2 of this Article;

c) Order organizations and individuals who violate to register breeding farms with competent state management authorities for acts prescribed in Clause 3 of this Article.”

9. The name of Article 7 is amended and supplemented as follows:

“Article 7. Violations concerning the management of rare aquatic species at risk of extinction and the list of prohibited fishing species”

10. The names of Clause 1, Clause 2, and Clause 3 of Article 7 are amended and supplemented as follows:

“1. The fine for one of the following acts involving the exploitation, purchase, collection, breeding, storage, processing, preparation, transportation of rare aquatic species at high risk of extinction, listed as Vulnerable (VU) is as follows:"

"2. The fine for one of the following acts involving the exploitation, purchase, collection, breeding, storage, processing, preparation, transportation of rare aquatic species at very high risk of extinction, listed as Endangered (EN), and those listed in Appendix II of the CITES Convention is as follows:"

"3. The fine for one of the following acts involving the exploitation, purchase, collection, breeding, storage, processing, preparation, transportation of rare aquatic species at very high risk of extinction, listed as Critically Endangered (CR), and those listed in Appendix I of the CITES Convention or prohibited fishing species is as follows:"policiesm) Aquatic species listed in Appendix I of the CITES Convention or aquatic species prohibited from exploitation as follows:"

d) A fine of VND 2,000,000 to VND 4,000,000 for using an expired fishing permit for more than 60 days."

d) A fine of VND 4,000,000 to VND 6,000,000 for using an expired fishing permit for more than 60 days."

5. The fine for operating contrary to the contents recorded in the fishing permit regarding the type of fishing activity or fishing area is as follows:"

1. A warning or a fine of VND 300,000 to VND 500,000 for failing to mark fishing gear being used in fishing grounds as required by law or discarding fishing gear into natural waters."

3. A fine of VND 3,000,000 to VND 6,000,000 for using fishing gear or equipment imported from abroad without permission from competent authorities."

3. The fine for using electric stimulation devices or directly using electricity from generators on fishing vessels or floating platforms to fish is as follows:

a) A fine of VND 3,000,000 to VND 5,000,000 for fishing vessels equipped with engines having a total main engine power under 20 horsepower or non-motorized fishing vessels with a designed waterline length under 15 meters;"

b) A fine of VND 5,000,000 to VND 10,000,000 for fishing vessels with a designed waterline length of 15 meters or more that are not motorized or motorized fishing vessels with a total main engine power from 20 horsepower to under 50 horsepower;"

c) A fine of VND 10,000,000 to VND 20,000,000 for motorized fishing vessels with a total main engine power from 50 horsepower to under 90 horsepower;"

d) A fine of VND 20,000,000 to VND 30,000,000 for motorized fishing vessels with a total main engine power from 90 horsepower to under 250 horsepower;"

đ) A fine of VND 30,000,000 to VND 40,000,000 for motorized fishing vessels with a total main engine power from 250 horsepower to under 400 horsepower;"

e) A fine of VND 40,000,000 to less than VND 50,000,000 for motorized fishing vessels with a total main engine power of 400 horsepower or more.”

a) Confiscate fishing equipment and products derived from fishing for violations prescribed in Clauses 1, 2, 3, and 4 of this Article;"

3. Supplementary sanctions:

Suspend the use of fishing permits for three to six months for violations prescribed in Clause 2 of this Article., amended and supplemented by Decree No. 109/2025/NĐ-CP and Decree No. 193/2025/NĐ-CPa) Order organizations and individuals to destroy toxic substances, poisonous plants, and fishing products for violations prescribed in Clauses 1 and 2 of this Article;

b) Order organizations and individuals to take measures to remediate pollution caused by toxic substances and poisonous plants for violations prescribed in Clause 2 of this Article.”Family Planning) for consideration and resolution./.b) Turn off the vessel monitoring device when the fishing vessel is required to be equipped with such a device while operating at sea.”

2. The fine for using an expired technical safety certificate for fishing vessels or failing to re-inspect fishing vessels according to regulations during fishing operations is as follows:"

3. The fine for using a fishing vessel registration certificate or confirmation of registration that has been altered, tampered with, or does not match the registration number recorded in the registration certificate or confirmation of registration issued by the competent authority is as follows:"

a) Confiscate the fishing vessel registration certificate or confirmation of registration or license plate specified in Clause 3 of this Article;

e) A fine of VND 40,000,000 to less than VND 50,000,000 for fishing vessels with installed engines having a total main engine power of 400 horsepower or more."

18. Point a Clause 5 Article 15 is amended and supplemented as follows:

"a) Confiscate the objects used for fishing and the products derived from such fishing activities for acts stipulated in Clauses 1, 2, 3, and 4 of this Article;"

19. Clause 3, Clause 4 Article 17 are amended and supplemented as follows:

"3. Additional forms of administrative sanctions:"

Suspend the right to use fishing permits for three to six months for acts stipulated in Clause 2 of this Article.

4. Measures to remedy consequences:

a) Order organizations and individuals to destroy toxic substances, poisonous plants, and products derived from fishing activities for acts stipulated in Clauses 1 and 2 of this Article;

b) Order organizations and individuals to implement measures to mitigate pollution caused by toxic substances and poisonous plants for acts stipulated in Clause 2 of this Article."

20. Point b Clause 1 Article 19 is amended as follows:

"b) Turn off the vessel monitoring device when fishing vessels required to be equipped with such devices are operating on the sea."

21. The title of Clause 2 Article 20 is amended and supplemented as follows:

"2. The penalty for using a technical safety certificate for fishing vessels that has expired or not been re-inspected as required during fishing operations is as follows:"

22. The title of Clause 3 Article 21 is amended and supplemented as follows:

"3. The penalty for using a fishing vessel registration certificate or confirmation of registration certificate that has been erased, altered, or does not match the registered number or the number on the license plate issued by the competent authority is as follows:"of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsregistration certificate, confirmation of registration, license plate, or registration number of fishing vessels specified in Clause 3 of this Article;"

23. Clause 4 Article 21 is amended and supplemented as follows:

"4. Additional sanctions:

a) Confiscate the fishing vessel registration certificate or confirmation of registration or license plate, or registration number of fishing vessels as specified in Clause 3 of this Article;

b) Suspend operations of fishing vessels for a period of from one month to three months for acts prescribed in Clause 3 of this Article.

24. Clause 3 of Article 23 shall be amended and supplemented as follows:

“3. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed on the act of not having a certificate or license for master, chief engineer, or crew member as prescribed or using a forged, altered, or tampered certificate or license for master, chief engineer, or crew member.”

25. Clause 6 of Article 23 shall be amended and supplemented as follows:

“6. Additional sanctions:

Confiscation of certificates or licenses for master, chief engineer, or crew member for acts prescribed in Clause 3 of this Article.”

26. Article 26 shall be amended and supplemented as follows:

“Article 26. Violations of regulations on the use of water areas allocated for aquaculture

1. The amount of fines for the act of exceeding the allocated area for aquaculture shall be as follows:

a) From VND 1,000,000 to VND 2,000,000 if the excess area is less than one hectare;

b) From VND 2,000,000 to VND 4,000,000 if the excess area is from one hectare to less than two hectares; 0c) From VND 4,000,000 to VND 6,000,000 if the excess area is two hectares or more.

2. A fine of from VND 6,000,000 to VND 8,000,000 shall be imposed on the act of using water areas for aquaculture without being granted permission by the competent authority or not in accordance with the location specified in the land use right certificate or the water area allocation certificate for aquaculture. 0a) Order organizations and individuals who violate to dismantle or move fish farming cages or markers delineating boundaries to return the water area that has been used beyond the limit as prescribed in Clause 1 of this Article;

b) Order organizations and individuals who violate to dismantle or move fish farming cages to return the water area for aquaculture as prescribed in Clause 2 of this Article.”

3. Measures to remedy consequences:

27. Article 27 shall be amended and supplemented as follows:

“Article 27. Violations of regulations on the use of water areas leased for aquaculture

1. The amount of fines for the act of exceeding the leased area for aquaculture shall be as follows:

a) From VND 4,000,000 to VND 6,000,000 if the excess area is less than one hectare;ib) From VND 6,000,000 to VND 10,000,000 if the excess area is from one hectare to less than two hectares;

c) From VND 10,000,000 to VND 15,000,000 if the excess area is from two hectares or more.

2. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed on the act of using water areas for aquaculture without being leased by the competent authority or not in accordance with the location specified in the land use right certificate.

b) Order organizations and individuals who violate to dismantle or move fish farming cages to return the water area as prescribed in Clause 2 of this Article.” 0c) From VND 4,000,000 to VND 6,000,000 if the excess area is two hectares or more.

28. Clause 4 of Article 28 shall be amended and supplemented as follows:policiesa) Order organizations and individuals to destroy the contraband goods in violation of administrative regulations as prescribed in Clauses 1 and 2 of this Article when samples of the consignment are taken for testing to detect non-compliance with food safety standards; 0a) Order organizations and individuals who violate to dismantle or move fish farming cages or markers delineating boundaries to return the water area that has been used beyond the limit as prescribed in Clause 1 of this Article;

b) Order organizations and individuals to convert the purpose of use to animal feed or aquatic products as prescribed in Clauses 1 and 2 of this Article when samples of the consignment are taken for testing and found to comply with food safety standards;

3. Measures to remedy consequences:

27. Article 27 shall be amended and supplemented as follows:

c) Order organizations and individuals to release live aquatic species caught in violation of environmental regulations as prescribed in Clause 2 of this Article.”

29. Clause 1, Clause 2, Clause 3, and Clause 4 of Article 31 shall be amended and supplemented as follows:

"4. Measures to remedy consequences:

“1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on the act of operating fishing vessels and other means of transport causing damage to fishery harbor facilities, anchorage areas for fishing vessels.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of discharging waste or wastewater in violation of designated locations within fishery harbors, port waters, or anchorage areas for fishing vessels.

3. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on the following acts:

a) Destroying, dismantling, or damaging fishery harbor facilities or equipment;

b) Not having required lifesaving and firefighting equipment at fishery harbors, fish landing sites, or anchorage areas.

4. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on the act of encroaching upon the protected area of fishery harbors or anchorage areas for fishing vessels.”

30. The name of Clause 2 of Article 36 shall be amended and supplemented as follows:

“2. The Director of the Department of Agriculture and Rural Development’s Inspectorate, the Chief of the Fisheries, Animal Health, and Quality Control of Forestry and Aquatic Products Management Bureau have the right to:”

31. The name of Clause 5 of Article 36 shall be amended and supplemented as follows:

“5. The head of the specialized inspection team of the Department of Agriculture and Rural Development’s Inspectorate, the head of the specialized inspection team of the agency assigned to perform specialized inspection functions in fisheries have the authority to impose administrative penalties as prescribed in Clause 2 of this Article.”

32. The name of Clause 1 of Article 37 shall be amended and supplemented as follows:

“1. Fishery Inspectors performing official duties have the right to:”

33. Article 41 shall be amended as follows:

“Article 41. Administrative penalty imposition authority of other agencies

1. Persons authorized under Article 45 of the Law on Handling Administrative Violations within their jurisdiction, field, and scope of management may impose administrative penalties and apply measures to mitigate consequences for violations prescribed in Articles 5, 7, 28, 30, and 33 of this Decree.

2. Directors of Port Authorities, Representatives of Port Authorities; Directors of Inland Waterway Transport Port Authorities, and Representatives of Inland Waterway Transport Port Authorities under the Vietnam Inland Waterway Administration as prescribed in Article 47 of the Law on Handling Administrative Violations within their jurisdiction, field, and scope of management may impose administrative penalties and apply measures to mitigate consequences for violations prescribed in Article 31 of this Decree.”

33. Article 41 is amended as follows:

"Article 41. Administrative Sanctioning Authority of Other Agencies

1. The authorized person of the Market Management Agency as stipulated in Article 45 of the Law on Handling Administrative Violations shall have the authority to impose administrative sanctions and apply remedial measures within their jurisdiction, field, and scope of management for violations stipulated in Articles 5, 7, 28, 30, and 33 of this Decree.

2. The Director of the Maritime Port Authority, Head of the Representative Office of the Maritime Port Authority; Director of the Inland Waterway Port Authority and Head of the Representative Office of the Inland Waterway Port Authority under the Vietnam Inland Waterways Administration as stipulated in Article 47 of the Law on Handling Administrative Violations shall have the authority to impose administrative sanctions and apply remedial measures within their jurisdiction, field, and scope of management for violations stipulated in Article 31 of this Decree.

3. The person with authority from the forest rangers force as stipulated in Article 43 of the Law on Handling Administrative Violations shall have the right to impose administrative penalties and apply measures to remedy consequences for acts of administrative violation specified in Articles 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 24, 25, 26, 27, and Article 28 of this Decree within their jurisdiction, field, and scope of management in national parks, nature reserves, or marine conservation areas.

Article 2. Amend and supplement some articles of Decree No. 119/2013/NĐ-CPdated October 9, 2013 of the Government on penalties for administrative violations in the veterinary sector, livestock breeds, and animal feed (hereinafter referred to as Decree No. 119/2013/NĐ-CP):

1. Point a Clause 2 Article 1 shall be amended and supplemented as follows:

“a) Acts violating regulations on disease prevention, treatment, and control; animal quarantine, animal products quarantine; trading aquatic animal breeding stock suffering from diseases; slaughterhouse control, preliminary processing, and product processing; veterinary hygiene inspection; management of veterinary drugs, biological preparations, microorganisms, chemicals used in veterinary medicine; practicing veterinary medicine;”

2. Point a Clause 1 Article 5 shall be amended and supplemented as follows:

“a) Not implementing disease prevention by vaccination or other mandatory preventive measures for domestic animals;”

3. Point c Clause 1 Article 5 shall be amended and supplemented as follows:

“c) Not complying with compulsory measures for diseased animals, animals showing signs of disease, and animal products carrying pathogens as required by competent authorities;”

4. Supplement point d to Clause 1 Article 5 as follows:

“d) Not complying with disease prevention and control measures for animals in epidemic zones as required by competent authorities.”policiesClause 3 Article 5

5. “3. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed on the owner of domestic animals who commits any of the following violations: shall be amended and supplemented as follows:

Using veterinary drugs not listed in the Catalogue of Veterinary Drugs Permitted for Circulation in Vietnam or not yet approved by competent authorities for disease prevention and treatment of animals;

a)Dumping diseased animals, dead animals, and their products, discharging wastewater, and waste containing pathogens into the environment;

b)Not complying with the requirement to vaccinate dogs against rabies.”

c)Clause 4 Article 5

6. "4. A fine of VND 1,000,000 to VND 1,500,000 shall be imposed on any of the following violations of tampering, altering, selling, renting, or borrowing vaccination certificates for livestock and poultry, or certificates of disease-free premises." shall be amended and supplemented as follows:

The name of Clause 5 Article 5

7.  and Point a Clause 5 Article 5 shall be amended and supplemented as follows:"5. A fine of VND 1,500,000 to VND 2,000,000 shall be imposed on concentrated livestock farms, ranches, production and business establishments of livestock and poultry breeding stock, and dairy cattle that commit any of the following violations:

Not complying with the requirement to take periodic samples for testing at production and business establishments of livestock and poultry breeding stock, and dairy cattle;"

a)Clause 6 Article 5

8. “6. A fine of VND 4,000,000 to VND 6,000,000 shall be imposed on the owner of domestic animals who commits any of the following violations: shall be amended and supplemented as follows:

Using raw materials for veterinary drugs, raw materials for medical drugs, or medical drugs for disease prevention and treatment of animals;

a)Not complying with the requirement to stop using drugs in animals before slaughter, egg collection, or milk extraction for food as directed by the manufacturer or authorized veterinary management agency;

b)Trading diseased infectious breeding stock.”

c)Point a Clause 8 Article 5

9. “a) Order the destruction of diseased animals, dead animals, and their products; remediate environmental pollution caused by violations stipulated in Point b Clause 3 of this Article;” shall be amended and supplemented as follows:

Point b Clause 8 Article 5

10. “b) Order the recall of vaccination certificates, disease-free premises certificates for violations stipulated in Clause 4 of this Article;” shall be amended and supplemented as follows:

Point d Clause 8 Article 5

11. “d) Order the destruction of veterinary drugs, raw materials for veterinary drugs, raw materials for medical drugs, medical drugs, animal products, and breeding stock for violations stipulated in Point a Clause 3, Clause 6, and Clause 7 of this Article;” shall be amended and supplemented as follows:

Supplement Points đ and e to Clause 8 Article 5 as follows:

12. “đ) Order compliance with sampling and testing for animal diseases for violations stipulated in Point a Clause 5 of this Article;

Order compliance with rabies vaccination for dogs for violations stipulated in Point c Clause 3 of this Article; if there is intentional non-compliance with rabies vaccination, order the destruction of unvaccinated dogs.”

e)Point a Clause 3 Article 7

13. “a) Using veterinary drugs not listed in the Catalogue of Veterinary Drugs Permitted for Circulation in Vietnam or not yet approved by competent authorities for disease prevention and treatment of aquatic animals;” shall be amended and supplemented as follows:

Supplement Clause 4a to Article 7 as follows:

14. “4a. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed on the owner of a breeding establishment who commits any of the following violations:

Using raw materials for veterinary drugs, raw materials for medical drugs, or medical drugs for disease prevention and treatment of aquatic animals;

a)Not complying with the requirement to stop using drugs before harvest as directed by the manufacturer or authorized veterinary management agency;

b)Trading diseased aquatic animal breeding stock.”

c)Clause 5 Article 7

15. “5. Measures to remedy consequences: shall be amended and supplemented as follows:

Order the destruction of veterinary drugs, raw materials for veterinary drugs, raw materials for medical drugs, medical drugs, aquatic animal products, and aquatic animals for violations stipulated in Point a Clause 3, Clause 4, and Clause 4a of this Article.”

Supplement Clause 5a to Article 11 as follows:No.“5a. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on the act of arbitrarily removing seals on vehicles transporting imported animals, animal products, temporarily imported for re-export, temporarily exported for re-import, transferred between border gates, bonded warehouses, or transiting through Vietnam’s territory.”

16. Clause 6 Article 11

“6. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on the act of importing, temporarily importing for re-export, temporarily exporting for re-import, transferring between border gates, storing in bonded warehouses, or transiting through Vietnam’s territory animals suffering from diseases, animal products carrying dangerous infectious pathogens, residues of harmful substances exceeding permissible limits, or contaminated with hair, skin, hooves, and other impurities failing to meet sensory requirements.”

17. Point c Clause 9 Article 11 shall be amended and supplemented as follows:

"6. A fine of VND 20,000,000 to VND 30,000,000 for the act of importing, temporarily importing for re-export, temporarily exporting for re-import, transferring customs checkpoints, bonded warehouses, transiting through Vietnam's territory animals suffering from diseases, animal products carrying dangerous infectious pathogens, residues of harmful chemicals, exceeding microbial limits, uncleaned fur, skin, nails, and other impurities to ensure sensory requirements."

18. Point c Clause 9 Article 11 shall be amended and supplemented as follows:

"c) Compel thermal processing to convert the purpose of use into animal feed raw material for animal products contaminated with microorganisms exceeding permissible limits; compel veterinary sanitary processing of animal products to ensure sensory requirements for violations stipulated in Clause 6 of this Article;"

19. Article 13 shall be amended and supplemented as follows:

"Article 13. Violations concerning transportation, trading, collection, storage, slaughter control, preliminary processing, and processing of terrestrial animals and animal products"development tradinga.

20. Point c Clause 2 Article 13 shall be amended and supplemented as follows:

"c) Impose a fine of VND 20,000,000 to VND 30,000,000 for the act of injecting water or other substances into animals before slaughter and into animal products, thereby compromising veterinary hygiene;"

21. Point e Clause 2 Article 13 shall be amended and supplemented as follows:

"e) Impose a fine of VND 20,000,000 to VND 30,000,000 for the act of transporting, storing, or slaughtering animals for food purposes when such animals have been administered sedatives not in accordance with the manufacturer's instructions or authorized veterinary management agencies;"

22. Point h Clause 2 Article 13 shall be amended and supplemented as follows:

"h) Impose a fine of VND 40,000,000 to VND 50,000,000 for the act of transporting, trading, collecting, storing, slaughtering animals, preliminary processing, and processing animal products containing prohibited substances;"

23. Point a Clause 4 Article 13 shall be amended and supplemented as follows:

"a) Compel the destruction of animals and animal products for violations stipulated in Points d, g, and h of Clause 2 of this Article;

Suspend the slaughter of animals administered sedatives until the results of food safety inspections are available; compel the destruction of animal products with sedative residues exceeding the limits set by the Ministry of Health for violations stipulated in Point e of Clause 2 of this Article;"

24. Point c Clause 4 Article 13 shall be amended and supplemented as follows:

"c) Compel the conversion of the purpose of use of animal products into animal feed for violations stipulated in Point c of Clause 2 of this Article."

25. Supplement Clause 6a to Article 16 as follows:

"6a) Impose a fine of VND 20,000,000 to VND 30,000,000 for the act of using each type of raw material for veterinary drugs for purposes other than the production of veterinary drugs."

26. Point b Clause 9 Article 16 is amended as follows:

"b) Compel the recall and destruction of veterinary drugs; vaccines for violations stipulated in Clauses 3, 4, 5, 6, 6a, and 7 of this Article."

27. Supplement Point c to Clause 3 Article 17 as follows:

"c) Improperly store vaccines according to the manufacturer's specifications."

28. Supplement Clauses 6a, 6b to Article 17 as follows:

"6a. Impose a fine of VND 20,000,000 to VND 30,000,000 for the act of violating the trade of each type of raw material for veterinary drugs without obtaining a Certificate of Import Conditions for Veterinary Drugs.

6b. Impose a fine of VND 20,000,000 to VND 30,000,000 for the act of violating the sale of each type of raw material for veterinary drugs, raw materials for medical drugs, and medical drugs to breeding facilities, aquaculture facilities."

29. Point b Clause 8 Article 17 is amended as follows:

"b) Compel the recall and destruction of veterinary drugs; vaccines for violations stipulated in Clauses 4, 5, and 6 of this Article."

30. Supplement Point c to Clause 8 Article 17 as follows:

"c) Destroy raw materials for veterinary drugs, raw materials for medical drugs, and medical drugs for violations stipulated in Clauses 6a and 6b of this Article."

31. Supplement Clause 3a to Article 18 as follows:

"3a. Impose a fine of VND 20,000,000 to VND 30,000,000 for the act of violating the sale of each type of imported raw material for veterinary drugs to facilities that have not obtained a Certificate of Import Conditions for Veterinary Drugsveterinarydrugs or facilities that have not obtained a Certificate of Production Conditions for Veterinary Drugs or breeding facilities, aquaculture facilities."

32. Supplement Clause 3b to Article 18 as follows:

"3b. Additional penalties:

Suspend the importation of violative raw materials for veterinary drugs for a period of twelve months for violations stipulated in Clause 3a of this Article."

33. Clause 2, Clause 3 Article 25 shall be amended and supplemented as follows:

"2. Impose a fine of VND 3,000,000 to VND 5,000,000 for the act of violating the production and trading of livestock breeds without maintaining and updating complete tracking records.

3. Impose a fine of VND 5,000,000 to VND 10,000,000 for the act of violating the production and trading of purebred, inbred, grandparent, and dry-line breeds without technical staff holding a bachelor's degree in animal husbandry, veterinary science, or aquaculture."Clause 1 Article 26

34. "1. Impose a fine of VND 10,000,000 to VND 15,000,000 for the act of violating the production and trading of semen, embryos, eggs, and larvae without maintaining and updating complete tracking records." shall be amended and supplemented as follows:

Clause 1 Article 32

35. "1. Impose a fine of VND 5,000,000 to VND 10,000,000 for the act of violating the production and processing of animal feed without technical staff in production and quality control." shall be amended and supplemented as follows:

Clause 3 Article 32

36. "3. Impose a fine of VND 15,000,000 to VND 20,000,000 for the act of violating the failure to conduct quality analysis and testing of animal feed products." shall be amended and supplemented as follows:

Clause 4, Clause 5, Clause 6 Article 33

37. "4. Impose a fine of 10% to 15% of the value of the batch of violative goods, but not less than VND 6,000,000 and not more than VND 100,000,000 for one of the following acts of violating the production and processing of animal feed: shall be amended and supplemented as follows:

The actual quantity of each main ingredient only reaches between 90% and under 95% of the published standard or label declaration;

a)The actual quantity of each harmful substance specified in national technical standards exceeds the declared or labeled quantity by between 10% and under 20%.

b)5. Impose a fine of 15% to 20% of the value of the batch of violative goods, but not less than VND 6,000,000 and not more than VND 100,000,000 for one of the following acts of violating the production and processing of animal feed:

The actual quantity of each main ingredient only reaches between 80% and under 90% of the published standard or label declaration;

a)The actual quantity of each harmful substance specified in national technical standards exceeds the declared or labeled quantity by between 20% and under 30%.

b)Contains a quantitative level of each substance causing safety issues as prescribed in national technical standards or uses each type of antibiotic not in accordance with the declared quantity according to regulations or marked on the product label exceeding 20% but less than 30%.

6. A fine of between 20% and 30% of the value of the consignment of infringing goods, but not less than 6,000,000 VND and not exceeding 100,000,000 VND, shall be imposed for any of the following acts of violating the production or processing of animal feed products:

a)The quantitative content of each main ingredient only reaches a level from over 70% to under 80% compared to the published standard or marked on the product label;

b)The quantitative content of each ingredient causing safety risks as stipulated in national technical regulations or the use of each type of antibiotic not in accordance with the declared quantity according to regulations or marked on the product label exceeds 30%.

38. Clause 2, Clause 3, Clause 4, Clause 5 Article 35 shall be amended and supplemented as follows:

“2. A fine of between 10,000,000 VND and 15,000,000 VND shall be imposed for the act of trading in any type of animal feed product that is not included in the List of Animal Feed Products Permitted for Circulation in Vietnam or does not have a permit from the competent state agency.”

3. A fine of between 10% and 15% of the value of the consignment of infringing goods, but not less than 6,000,000 VND and not exceeding 100,000,000 VND, shall be imposed for any of the following acts of violating the trading of animal feed products:

a)The quantitative content of each main ingredient only reaches a level from 90% to under 95% compared to the published standardPursuant to Decree No. 24/2018/NĐ-CP dated February 27, 2018 of the Government on handling complaints and reports in the fields of labor, vocational education, dispatching Vietnamese workers abroad under contracts, employment, occupational safety and health;or marked on the product label;

b)The quantitative content of each ingredient causing safety risks as stipulated in national technical regulations or the use of each type of antibiotic not in accordance with the declared quantity according to regulations or marked on the product label exceeds 10% to under 20%.”

4. A fine of between 15% and 20% of the value of the consignment of infringing goods, but not less than 6,000,000 VND and not exceeding 100,000,000 VND, shall be imposed for any of the following acts of violating the trading of animal feed products:

a)The actual quantity of each harmful substance specified in national technical standards exceeds the declared or labeled quantity by between 20% and under 30%.

b)The quantitative content of each ingredient causing safety risks as stipulated in national technical regulations or the use of each type of antibiotic not in accordance with the declared quantity according to regulations or marked on the product label exceeds 20% to under 30%.”

5. A fine of between 20% and 25% of the value of the consignment of infringing goods, but not less than 6,000,000 VND and not exceeding 100,000,000 VND, shall be imposed for any of the following acts of violating the trading of animal feed products:

a)The quantitative content of each main ingredient only reaches a level from over 70% to under 80% compared to the published standard or marked on the product label;

b)The quantitative content of each ingredient causing safety risks as stipulated in national technical regulations or the use of each type of antibiotic not in accordance with the declared quantity according to regulations or marked on the product label exceeds 30%.

39. Article 36 shall be amended and supplemented as follows:

Article 36. Violations concerning the use of antibiotics and prohibited substances in animal husbandry and the production, processing, and trading of animal feed products

1. Fines shall be imposed for the following violations:

a)A fine of between 20,000,000 VND and 30,000,000 VND shall be imposed for the violation of producing, processing, or trading any animal feed product using antibiotics not in accordance with the declared quantity according to regulations or marked on the product label;

b)A fine of between 50,000,000 VND and 70,000,000 VND shall be imposed for the violation of using prohibited substances in animal husbandry and aquaculture;

c)A fine of between 70,000,000 VND and 100,000,000 VND shall be imposed for the violation of using prohibited substances in the production, processing, and trading of animal feed products.

2. Additional forms of punishment:

Suspension of production, processing, and trading activities of animal feed products for six months to twelve months for violations as specified in point c, Clause 1 of this Article.

3. Measures to remedy consequences:

a)Compel the destruction or change of purpose of the animal feed for violations as specified in point a, Clause 1 of this Article;

b)Compel the destruction of all prohibited substances and animal feed containing prohibited substances for violations as specified in points b and c, Clause 1 of this Article;

c)Compel the livestock farm to continue raising animals that have used prohibited substances until they pass inspection without residual prohibited substances before being allowed to sell or slaughter them for violations as specified in point b, Clause 1 of this Article; Compel the destruction of animals in case of repeated use of prohibited substances.

40. Article 37 shall be amended and supplemented as follows:

Article 37. Violations concerning the importation of animal feed products

1. A fine of between 5,000,000 VND and 7,000,000 VND shall be imposed for the violation of importing animal feed products with the quantitative content of each quality index other than the main ingredients reaching a level from 90% to under 95% or exceeding 5% to under 10% compared to the published standard or marked on the product label;Coat.

2. A fine of between 7,000,000 VND and 10,000,000 VND shall be imposed for the violation of importing animal feed products with the quantitative content of each quality index other than the main ingredients reaching a level from 80% to under 90% or exceeding 10% to under 20% compared to the published standard or marked on the product label.

3. A fine of between 10,000,000 VND and 15,000,000 VND shall be imposed for the violation of importing animal feed products with the quantitative content of each quality index other than the main ingredients reaching a level from 70% to under 80% or exceeding 20% to under 30% compared to the published standard or marked on the product label.

4. A fine of between 15,000,000 VND and 20,000,000 VND shall be imposed for the violation of importing animal feed products with the quantitative content of each quality index other than the main ingredients reaching a level below 70% or exceeding 30% compared to the published standard or marked on the product label.

5. A fine of between 15,000,000 VND and 20,000,000 VND shall be imposed for the violation of importing animal feed products with microbial index exceeding the permissible limit as stipulated in national technical regulations or exceeding the declared level in the published standard.

6. A fine of between 15,000,000 VND and 20,000,000 VND shall be imposed for any of the following acts of violating the importation of animal feed products:

a)The quantitative content of each main ingredient only reaches a level from 90% to under 95% compared to the published standard or marked on the product label;

b)The quantitative content of each ingredient causing safety risks as stipulated in national technical regulations, in the published standards or the use of each type of antibiotic not in accordance with the declared quantity according to regulations or marked on the product label exceeds 10% to under 20%.

7. A fine of between 20,000,000 VND and 30,000,000 VND shall be imposed for any of the following acts of violating the importation of animal feed products:

a)The quantitative content of each main ingredient only reaches a level from 80% to under 90% compared to the published standard or marked on the product label;

b)The quantitative content of each ingredient causing safety risks as stipulated in national technical regulations, in the published standards or the use of each type of antibiotic not in accordance with the declared quantity according to regulations or marked on the product label exceeds 20% to under 30%.

8. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following violations related to the importation of animal feed:

a)The content of each main component only reaches a level from over 70% to under 80% compared to the standard published or marked on the product label;

b)The content of each harmful substance exceeds the limit set out in national technical regulations, or the value declared according to the regulations or marked on the product label, or the incorrect use of each type of antibiotic not in accordance with the declared content, exceeds 30%;đượThe content of each harmful substance exceeds the limit set out in national technical regulations, or the value declared according to the regulations or marked on the product label, or the incorrect use of each type of antibiotic not in accordance with the declared content, exceeds 30%;

9. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for importing expired animal feed products with an import invoice value below VND 50,000,000;

10. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for importing expired animal feed products with an import invoice value from VND 50,000,000 to less than VND 100,000,000;

11. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for importing expired animal feed products with an import invoice value of VND 100,000,000 or more;

12. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed for importing each animal feed product not listed in the permitted circulation directory in Vietnam or without the written consent of the competent state agency;

13. A fine of VND 70,000,000 to VND 100,000,000 shall be imposed for importing each animal feed product containing prohibited substances;

14. Measures to remedy consequences:

a)Order the actual quality of the batch of products to be reannounced for violations stipulated in Clause 1, Clause 2, Clause 3, Point a Clause 6, Point a Clause 7 of this Article;

b)Order the entire imported animal feed to be recycled or repurposed for violations stipulated in Clause 4, Clause 5, Point b Clause 6, Point b Clause 7, Clause 8 of this Article; if recycling or repurposing is not possible, order re-export or destruction;

c)Order the entire imported animal feed to be re-exported for violations stipulated in Clause 9, Clause 10, Clause 11 of this Article; if re-export is not possible, order destruction;

d)Order the entire imported animal feed to be re-exported or destroyed for violations stipulated in Clause 12 and Clause 13 of this Article.”

41. Clause 2 Article 43 is amended as follows:

“2. The authorized authority to impose penalties belonging to the Market Management Force as prescribed in Article 45 of the Law on Handling Administrative Violations has the right to inspect, issue administrative violation records, impose administrative penalties, and apply measures to mitigate consequences for administrative violations prescribed in Clause 1 and Point c, d Clause 2 Article 13; Clause 1, 4, 5, 6 Article 14; Article 17; Clause 2, 5, 6 Article 20; Article 23, Article 27, Article 30, Article 34, Article 35 of this Decree, within their jurisdiction, field, and scope of management.”

42. Supplement Clause 4 to Article 43 as follows:

“4. The authorized authority to impose penalties belonging to the Border Guard Force as prescribed in Article 40 and the Coast Guard as prescribed in Article 41 of the Law on Handling Administrative Violations has the right to inspect, discover, issue administrative violation records, impose administrative penalties, and apply measures to mitigate consequences for administrative violations prescribed in Articles 11, 18, 27, and 37 of this Decree, within their jurisdiction, field, and scope of management in the assigned area.”

43. Repeal the following articles, clauses, points, and phrases:

a)Clause 1 and Point a Clause 2 Article 30; Clause 1 Article 35.

b)The phrase "products for environmental treatment and improvement in animal husbandry and aquaculture" as defined in Decree No.119/2013/2013/NĐ-CPdated October 9, 2013 on administrative penalties in the field of veterinary medicine, livestock breeding, and animal feed.

Article 3. Amend and supplement some articles of the Government Decree No. 157/2013/NĐ-CP November 11, 2013 on administrative penalties for violations related to forest management, forest development, forest protection, and forest product management which has been amended and supplemented by the Government Decree No. 40/2015/2015/ND-CPApril 27, 2015 of the Government amending and supplementing some articles of the Government Decree No. đổ157/2013/ND-CPNovember 11, 2013 of the Government on administrative penalties for violations related to forest management, forest development, forest protection, and forest product management (hereinafter referred to as Decree No. 157/2013/ND-CP):D-CP"This Decree stipulates acts of violation, forms of penalty, levels of penalty, measures to remedy consequences for acts of administrative violation, authority to impose penalties, and authority to issue administrative violation notices regarding forest management, forest development, forest protection, and forest product management.

1. Article 1 shall be amended and supplemented as follows:

This Decree does not regulate wild animals and plants in forests listed in the Catalogue of Rare and Precious Species under Priority Protection as prescribed by the Government."

Clause 2, Article 3

2. "2. Forest products are plant and animal products and their parts and derivatives originating from forest exploitation." shall be amended and supplemented as follows:

Clause 8, Article 3

3. "8. The means of transport illegally used by the violator refers to the situation where the legitimate owner, the legitimate manager, or the legitimate user of the means of transport leases, lends, or hires another person to operate the means of transport or hands over the means of transport to their own employees to operate for illegal purposes, but the lessee, borrower, or operator of the means of transport uses it without authorization to commit administrative violations. shall be amended and supplemented as follows:

The leasing, lending, or hiring of the operator of the means of transport must be concluded in writing between the legitimate owner, the legitimate manager, or the legitimate user of the means of transport and the lessee or borrower in accordance with the law before the act of violation occurs. The written agreement must clearly state the purpose and content of the use of the leased or lent means of transport. For individuals leasing, lending, or hiring operators of the means of transport, the written agreement must be certified by the People's Committee at the commune level or notarized by a Notary Public; for organizations handing over the means of transport to their employees for management and operation, there must be a labor contract in accordance with the law; within 48 hours from the time the means of transport is temporarily seized, the person who illegally transports forest products must present the written agreement or labor contract to the competent agency or individual handling the case."nationalSupplement Clause 9 to Article 3 as follows:national"9. Forest environmental services as defined in Article 9a of this Decree include:MarketProtecting land, preventing soil erosion and sedimentation in reservoirs, rivers, and streams;

Regulating and maintaining water sources for production and social life;

4. Absorbing and retaining carbon dioxide from forests, reducing greenhouse gas emissions through measures to prevent forest degradation, reduce forest area, and promote sustainable forest development;

Protecting natural landscapes and conserving biodiversity of forest ecosystems for tourism services;

a)d) Providing breeding grounds, natural food and seedlings, and using water resources from forests for aquaculture."

b)Supplement Clauses 4, 5, 6, and 7 to Article 4 as follows:

c)"4. Compel to enter into a contract for payment of forest environmental services.

d)5. Compel to declare the amount of money payable for forest environmental services.

6. Compel to fully pay the cost of using forest environmental services and interest accrued from delayed payment (if any) corresponding to the amount and duration of delay.

5. 7. Compel to fully pay the cost of forest environmental services to the person contracted to protect the forest according to the signed contract."

"Article 7. Application of Administrative Penalties

The fines prescribed in Chapter II of this Decree apply to individuals, except in cases prescribed in Clause 4 of Article 9a of this Decree. For organizations committing violations, the fine shall be twice the amount imposed on individuals committing the same act and degree of violation.

Acts of administrative violation concerning wild plants and animals listed in Appendices I and II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) but not included in the List of Endangered and Precious Wild Plants and Animals as prescribed by the Government for the management of endangered and precious wild plants and animals, shall be handled as follows:

Acts of administrative violation concerning species listed in Appendix I shall be treated as acts of violation against endangered and precious wild plants and animals in Group IA and IB.

6. , Clause 1, Clause 2 Article 7a of this Regulation. shall be amended and supplemented as follows:

In cases where the acts of administrative violation concern species listed in Appendix I but are endangered and precious wild plants and animals in Groups IIA and IIB, they shall be treated as acts of violation against endangered and precious wild plants and animals in Groups IA and IB;

1. Acts of administrative violation concerning species listed in Appendix II shall be treated as acts of violation against endangered and precious wild plants and animals in Groups IIA and IIB.

2. Acts of violation of the law that are accepted by investigative agencies but later suspended and transferred to administrative penalties in accordance with Article 63 of the Law on Handling Administrative Violations shall be subject to administrative penalties in accordance with this Decree based on the nature, degree, and consequences of the violation.

a)For acts of violation exceeding the maximum limit for administrative penalties, the highest monetary penalty range prescribed for such violation shall be applied.

In cases where an act of administrative violation involves multiple types of forest products including common wood and precious, rare wood; common wild animals and endangered, precious wild animals; wood and wild animals (not reaching the level requiring criminal prosecution), the fine shall be determined separately for each type of forest product, then aggregated (added together) to form the total fine for that act of violation."

b)Acts violating laws concerning species listed in Appendix II shall be handled as violations involving rare and precious forest plants and animals in groups IIA and IIB.

3. Acts violating the law that are accepted for prosecution by judicial agencies but subsequently suspended and transferred to administrative sanctioning as stipulated in Article 63 of the Law on Handling Administrative Violations shall be subject to administrative sanctions based on the nature, severity, and consequences of the violation as prescribed in this Decree.

For acts of violation exceeding the maximum limit for administrative sanctions, the highest fine range prescribed for such violations shall be applied.

4. In cases where a single act of violation involves multiple types of forest products including both common wood and precious, rare wood; common wildlife and endangered, precious, rare wildlife; wood and wildlife (not reaching the level requiring criminal prosecution), the fine shall be determined separately for each type of forest product, then aggregated (added together) to form a total fine for the violation.onthe fine shall be imposed for each type of forest product, then consolidated (added together) to form the total fine amount for that violation.

5. Acts of violation against forests that have been planned for other purposes but have not yet been decided by competent state authorities to change the purpose of forest use shall be handled and punished according to the regulations applicable to the corresponding type of forest before being planned for other purposes.

6. Acts of violation against forest products discovered by the forest owner shall be reported promptly by the forest owner to the authorized person or agency to prepare an administrative violation record for handling in accordance with this Decree.

Confiscated forest products returned to the forest owner fall under one of the following cases:

a)The forest owner discovers and apprehends the violator on the spot within their forest area;

b)The forest owner does not apprehend the violator on the spot, but has sufficient evidence to prove that the forest products belong to the plantation forest planted by the forest owner at their own expense.

7. Supplement Article 9a as follows:

"Article 9a. Violation of provisions on payment for forest environmental services

1. A user of forest environmental services who fails to sign a contract for payment of the service within three months from the date of using the service shall be subject to the following penalties:

a)A fine of VND 1,000,000 to VND 2,000,000 if no contract is signed with the forest owner providing the forest environmental service in the case of direct payment;

b)A fine of VND 10,000,000 to VND 20,000,000 if no contract is signed with the Provincial Forest Protection and Development Fund in the case of indirect payment;

c)A fine of VND 40,000,000 to VND 50,000,000 if no contract is signed with the National Forest Protection and Development Fund in the case of indirect payment.

2. A user of forest environmental services who fails to declare the amount due for indirect payment of the service shall be subject to the following penalties:

a)A fine of VND 1,000,000 to VND 2,000,000 if the amount due is up to VND 50,000,000;

b)A fine of VND 2,000,000 to VND 3,000,000 if the amount due exceeds VND 50,000,000 but is up to VND 200,000,000;

c)A fine of VND 3,000,000 to VND 5,000,000 if the amount due exceeds VND 200,000,000 but is up to VND 300,000,000;

d)A fine of VND 5,000,000 to VND 7,000,000 if the amount due exceeds VND 300,000,000 but is up to VND 500,000,000;

d) A fine of VND 7,000,000 to VND 10,000,000 if the amount due exceeds VND 500,000,000.

3. A user of forest environmental services who fails to pay or pays insufficiently for the service shall be subject to the following penalties:

a)A fine of VND 1,000,000 to VND 2,000,000 if they fail to pay or pay insufficiently for the service more than three months past the deadline stipulated in the contract with an amount up to VND 20,000,000;

b)A fine of VND 2,000,000 to VND 3,000,000 if they fail to pay or pay insufficiently for the service more than three months past the deadline stipulated in the contract with an amount exceeding VND 20,000,000 but up to VND 30,000,000;

c)A fine of VND 3,000,000 to VND 5,000,000 if they fail to pay or pay insufficiently for the service more than three months past the deadline stipulated in the contract with an amount exceeding VND 30,000,000 but up to VND 50,000,000;

d)A fine of VND 5,000,000 to VND 10,000,000 if they fail to pay or pay insufficiently for the service more than three months past the deadline stipulated in the contract with an amount exceeding VND 50,000,000 but up to VND 100,000,000;

d) A fine of VND 10,000,000 to VND 20,000,000 if they fail to pay or pay insufficiently for the service more than three months past the deadline stipulated in the contract with an amount exceeding VND 100,000,000 but up to VND 200,000,000;

e)A fine of VND 20,000,000 to VND 30,000,000 if they fail to pay or pay insufficiently for the service more than three months past the deadline stipulated in the contract with an amount exceeding VND 200,000,000 but up to VND 500,000,000;VND 20,000,000 to VND 30,000,000 if payment for services is not made or is insufficiently made beyond three months from the date of signing the contract with an amount exceeding VND 200,000,000 to VND 500,000,000;Members of the Government, Heads of Ministries, Heads of Government Agencies, Chairmen of Provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.

g) A fine of VND 30,000,000 to VND 50,000,000 if they fail to pay or pay insufficiently for the service more than three months past the deadline stipulated in the contract with an amount exceeding VND 500,000,000.

4. For forest owners who are organizations entrusted by the State and fail to pay or pay insufficiently and on time the revenue from forest environmental services to the forest protection contractor as stipulated in the contract between the forest owner and the forest protection contractor, the following penalties shall apply:

a)A fine of VND 1,000,000 to VND 2,000,000 if the amount due is up to VND 5,000,000;

b)A fine of VND 2,000,000 to VND 3,000,000 if the amount due exceeds VND 5,000,000 but is up to VND 20,000,000;

c)A fine of VND 3,000,000 to VND 5,000,000 if the amount due exceeds VND 20,000,000 but is up to VND 50,000,000;

d)A fine of VND 5,000,000 to VND 10,000,000 if the amount due exceeds VND 50,000,000.

5. Measures to remedy consequences:

a)Order the violator to take remedial measures as prescribed in Clause 4, Article 4 of this Decree within one month from the date of receipt of the administrative penalty decision, for those who violate the provisions of Clause 1 of this Article;

b)Order the violator to take remedial measures as prescribed in Clause 5, Article 4 of this Decree within fifteen days from the date of receipt of the administrative penalty decision, for those who violate the provisions of Clause 2 of this Article;

c)Order the violator to take remedial measures as prescribed in Clause 6, Article 4 of this Decree within one month from the date of receipt of the administrative penalty decision, for those who violate the provisions of Clause 3 of this Article.

Interestđượshall be calculated based on the overdue payment amount and the period of delay at the basic interest rate published by the State Bank of Vietnam at the nearest time to the date of issuance of the administrative penalty decision;

d)Order the violator to take remedial measures as prescribed in Clause 7, Article 4 of this Decree within one month from the date of receipt of the administrative penalty decision, for those who violate the provisions of Clause 4 of this Article."

8. Point c Clause 4, Point c Clause 5, Point c Clause 6, Point c Clause 7, Point c Clause 8, Point c Clause 9 Article 21 is amended as follows:

a)Point c Clause 4 Article 21 is amended as follows:

"c) One individual of a wild animal species or part thereof belonging to the critically endangered, rare, and precious group IB."

b)Point c Clause 5 Article 21 is amended as follows:

"c) Two individuals of a wild animal species or parts thereof belonging to the critically endangered, rare, and precious group IB."

c)Point c Clause 6 Article 21 is amended as follows:

"c) From three to four individuals of a wild animal species or parts thereof belonging to the critically endangered, rare, and precious group IB."

d)Point c Clause 7 Article 21 is amended as follows:

"c) Wild animals or parts from five to six individuals belonging to critically endangered, precious, and rare species group IB."

d) Clause c, Article 21, Paragraph 8 shall be amended as follows:

"c) Wild animals or parts from seven to eight individuals belonging to critically endangered, precious, and rare species group IB."

e)Clause c, Article 21, Paragraph 9 is amended as follows:

"c) Wild animals or parts from more than eight individuals belonging to critically endangered, precious, and rare species group IB."

9. Clause c, Article 22, Paragraph 5; Clause c, Article 22, Paragraph 6; Clause c, Article 22, Paragraph 7; Clause c, Article 22, Paragraph 8; Clause c, Article 22, Paragraph 9 is amended as follows:

a)Clause c, Article 22, Paragraph 5 is amended as follows:

"c) One individual of a wild animal species or part thereof belonging to the critically endangered, rare, and precious group IB."

b)Clause c, Article 22, Paragraph 6 is amended as follows:

"c) Two individuals of a wild animal species or parts thereof belonging to the critically endangered, rare, and precious group IB."

c)Clause c, Article 22, Paragraph 7 is amended as follows:

"c) From three to four individuals of a wild animal species or parts thereof belonging to the critically endangered, rare, and precious group IB."

d))Clause c, Article 22, Paragraph 8 is amended as follows:

"c) Wild animals or parts from five to six individuals belonging to critically endangered, precious, and rare species group IB."

d) Clause c, Article 22, Paragraph 9 shall be amended as follows:

"c) Wild animals or parts from seven to eight individuals belonging to critically endangered, precious, and rare species group IB."

10. Supplement point d to Article 22, Paragraph 10 as follows:

"d) Wild animals or parts from more than eight individuals belonging to critically endangered, precious, and rare species group IB."

11. Clause c, Article 23, Paragraph 5; Clause c, Article 23, Paragraph 6; Clause c, Article 23, Paragraph 7; Clause c, Article 23, Paragraph 8; Clause c, Article 23, Paragraph 9 shall be amended and supplemented as follows:

a)Clause c, Article 23, Paragraph 5 is amended as follows:

"c) One individual of a wild animal species or part thereof belonging to the critically endangered, rare, and precious group IB."

b)Clause c, Article 23, Paragraph 6 is amended as follows:

"c) Two individuals of a wild animal species or parts thereof belonging to the critically endangered, rare, and precious group IB."

c)Clause c, Article 23, Paragraph 7 is amended as follows:

"c) From three to four individuals of a wild animal species or parts thereof belonging to the critically endangered, rare, and precious group IB."

d)Clause c, Article 23, Paragraph 8 is amended as follows:

"c) Wild animals or parts from five to six individuals belonging to critically endangered, precious, and rare species grshalloup IB."

d) Clause c, Article 23, Paragraph 9 shall be amended as follows:

"c) Wild animals or parts from seven to eight individuals belonging to critically endangered, precious, and rare species grshalloup IB."

12. oup IB."

Supplement point d to Article 23, Paragraph 10 as follows:shalloup IB."

13. "d) Wild animals or parts from more than eight individuals belonging to critically endangered, precious, and rare species gr shall be amended and supplemented as follows:

oup IB."on"3. In cases where the person drafting the administrative violation record is a person with authority to inspect who belongs to the Public Security force, Border Guard, Coast Guard, Market Management, or specialized inspection when discovering an administrative violation not within their own sector's penalty jurisdiction, they must transfer the case file, evidence, and means of administrative violation to the competent authority for punishment within five days from the date of drafting the record, in accordance with Article 52 of the Law on Handling Administrative Violations."

14. Article 29 shall be amended and supplemented as follows:

"Article 29. Therime Minister cauthority to impose penalties of the People's Public Security, Border Guard, Coast Guard, and Market Management

1. Persons with authority to impose penalties belonging to the People's Public Security force as stipulated in Article 39 of the Law on Handling Administrative Violations have the authority to inspect, draft administrative violation records, impose administrative penalties, and apply measures to mitigate consequences for administrative violations specified in this Decree within their own sector's management scope, in accordance with Article 52 of the Law on Handling Administrative Violations.

2. Persons with authority to impose penalties belonging to the Border Guard force as stipulated in Article 40 of the Law on Handling Administrative Violations, within their own authority, field, and management scope, have the right to inspect, draft administrative violation records, impose administrative penalties, and apply measures to mitigate consequences for administrative violations specified in Articles 12, 16, 17, 20, 21, 22, and illegal trade in forest products as stipulated in Article 23 of this Decree.

3. Persons with authority to impose penalties belonging to the Market Management force as stipulated in Article 45 of the Law on Handling Administrative Violations, within their own authority, field, and management scope, have the right to inspect, draft administrative violation records, impose administrative penalties, and apply measures to mitigate consequences for illegal trade in forest products as stipulated in Article 23 of this Decree.

4. Persons with authority to impose penalties belonging to the Coast Guard force as stipulated in Article 41 of the Law on Handling Administrative Violations, within their own authority, field, and management scope, have the right to inspect, draft administrative violation records, impose administrative penalties, and apply measures to mitigate consequences for administrative violations specified in Article 22 and illegal purchase, sale, and storage as stipulated in Article 23 of this Decree."

15. Repeal Clause c, Article 21, Paragraph 3; Clause d, Article 21, Paragraph 4; Clause d, Article 21, Paragraph 5; Clause d, Article 21, Paragraph 6; Clause d, Article 21, Paragraph 7; Clause d, Article 21, Paragraph 8; Clause c, Article 22, Paragraph 3; Clause c, Article 22, Paragraph 4; Clause c, Article 23, Paragraph 3; Clause c, Article 23, Paragraph 4; Paragraph 5 and Paragraph 6, Article 24.

Article 4. Transitional Provisions

1. Acts of administrative violations occurring before the effective date of this Decree shall be handled in accordance with Decree No.103/2013/NĐ-CPDecree No.119/2013/NĐ-CPDecree No.nh number 157/2013/NĐ-CPto handle them.

2. Acts of administrative violations occurring before the effective date of this Decree but discovered later or under consideration and resolution shall be handled according to the provisions of this Decree if it is beneficial to the individual or organization committing the administrative violation.policiesThis Decree takes effect from May 20, 2017.

Article 5. Effective Date

1. This Decree replaces Decree No.

2. dated April 27, 2015 of the Government amending and supplementing some articles of Decree No. 157/2013/NĐ-CP.40/2015/NĐ-CPMinisters, Heads of ministerial-level agencies, Heads of agencies under the Government, Chairpersons of provincial People's Committees directly under the central government are responsible for implementing this Decree./.

The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under the central government shall be responsible for implementing this Decree./.