Decree No. 47/2005/NĐ-CP On Administrative Sanctions for Violations in the Field of Livestock Breeding

DECREE OF THE GOVERNMENT

Regarding administrative penalties for violations in the field of livestock breeding
In the field of livestock breeding

THE GOVERNMENT

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

Pursuant to the Livestock Breeding Variety Law dated March 24, 2004;

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

At the proposal of the Minister of Agriculture and Rural Development and the Minister of Fisheries,

DECREE:

PART I
GENERAL PROVISIONS

Article 1. Scope of application

1. This Decree stipulates the imposition of administrative penalties on organizations and individuals who intentionally or negligently violate state management regulations in the field of livestock breeding that do not constitute criminal offenses and are subject to administrative penalties under this Decree.

2. Administrative violations in the field of livestock breeding as specified in this Decree include:

a) Violations of regulations concerning the management and conservation of livestock genetic resources;

b) Violations of regulations concerning the testing of new livestock varieties;

c) Violations of regulations concerning the production and trade of livestock varieties;

d) Violations of regulations concerning the quality management of livestock varieties;

e) Violations of administrative management regulations concerning livestock varieties.

3. Other administrative violations in the field of livestock breeding not directly specified in this Decree shall be handled according to other Government Decrees on administrative penalties in related areas of state management.

Article 2. Applicability

1. Individuals aged from fourteen to under sixteen years old will be administratively penalized for intentional administrative violations; individuals aged sixteen years and above will be administratively penalized for all administrative violations they cause in the field of livestock breeding as prescribed by the Law on Handling Administrative Violations and Chapter II of this Decree.

2. Organizations will be administratively penalized for all administrative violations in the field of livestock breeding they cause. After implementing the penalty decision, the organization must identify the individual responsible for the administrative violation to determine their legal liability according to the law.

3. Foreign organizations and individuals committing administrative violations in the field of livestock breeding within the territory, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam will be administratively penalized according to this Decree. If international treaties to which Vietnam is a party provide different provisions, those treaties shall prevail.

Article 3. Principles of Penalty Imposition

The principles of imposing administrative penalties in the field of livestock breeding shall be applied according to the provisions of Article 3 of the Law on Handling Administrative Violations and Article 3 of Decree No. 134/2003/NĐ-CP dated November 14, 2003, detailing certain provisions of the Law on Handling Administrative Violations in 2002.

Article 4. Mitigating and Aggravating Circumstances

Mitigating and aggravating circumstances applicable in the imposition of administrative penalties for violations of the provisions of Chapter II of this Decree shall be implemented according to the provisions of Articles 8 and 9 of the Law on Handling Administrative Violations.

Article 5. Statute of Limitations for Administrative Penalties

The statute of limitations for administrative penalties in the field of livestock breeding is one year, counted from the date of the administrative violation; in the fields of exporting and importing livestock breeding or where the administrative violation is the production or sale of prohibited or counterfeit breeds, the statute of limitations is two years, counted from the date of the administrative violation.

Article 6. Time limit considered as not having been administratively penalized

An organization or individual subject to an administrative penalty, if they have not committed another violation within one year from the date of completion of the penalty decision or from the expiration of the enforcement period of the penalty decision, shall be considered as not having been subject to an administrative penalty.

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

1. For each act of administrative violation, the violating organization or individual must bear one of the following main forms of administrative sanction:

a) Warning;

b) Fine.

The maximum fine for a single administrative violation in the field of livestock breeding is thirty million Vietnamese dong.

2. In addition to the main form of penalty, depending on the nature and severity of the violation, organizations and individuals violating administrative regulations in the field of livestock breeding may also be subject to one or more supplementary forms of penalty as follows:

a) Revocation of permits and certificates of practice with a term or without a term;

b) Confiscation of objects and means used to commit administrative violations.

3. In addition to the forms of penalty provided for in Clauses 1 and 2 of this Article, organizations and individuals violating administrative regulations may also be subject to one or more measures to remedy consequences as follows:

a) Compelling the destruction of harmful livestock breeds that endanger human health or pollute the environment;

b) Compelling the removal of livestock breeds outside the permitted production and trading list or without the written approval of the competent authority from the territory of Vietnam or re-exporting them.

Organizations and individuals committing violations must bear all costs for implementing these measures.

PART II
VIOLATIONS OF ADMINISTRATIVE REGULATIONS IN THE FIELD
OF LIVESTOCK BREEDING, FORMS AND AMOUNTS OF PENALTIES

Article 8. Violations of regulations on the management and conservation of genetic resources in protected areas

1. A fine of between one million and three million Vietnamese dong for exceeding the permitted limit in exploiting or using genetic resources in protected areas.

2. A fine of between five million and ten million Vietnamese dong for exploiting or using genetic resources in protected areas without permission from the competent authority.

3. A fine of between twenty million and thirty million Vietnamese dong for destroying genetic resources in protected areas.

4. Additional forms of punishment and measures to remedy consequences:

a) Confiscation of objects and means used to commit administrative violations as specified in this Article;

b) Compelling the implementation of measures to remedy the violation as specified in this Article.

Article 9. Violations of regulations on the exploitation and conservation of rare genetic resources

1. Warning or a fine of between one million and two million Vietnamese dong for exceeding the permitted limit in exploiting or using rare genetic resources.

2. A fine of between two million and three million Vietnamese dong for exploiting or using rare genetic resources not in accordance with the management and use regulations for rare genetic resources.

3. A fine of between twenty million and thirty million Vietnamese dong for destroying rare genetic resources.

4. Additional forms of punishment and measures to remedy consequences:

a) Confiscation of objects and means used to commit administrative violations as specified in this Article.

b) Compelling the implementation of measures to remedy the violation as specified in this Article.

Article 10. Violations of regulations on international exchange of rare genetic resources

1. A fine of between fifteen million and twenty-five million Vietnamese dong for exchanging rare genetic resources contrary to the written agreement of the Ministry of Agriculture and Rural Development or the Ministry of Fisheries.

A fine of from VND 25,000,000 to VND 30,000,000 shall be imposed on the act of internationally exchanging rare genetic resources without the written consent of the Ministry of Agriculture and Rural Development or the Ministry of Fisheries.

3. Additional forms of punishment:

Confiscate the objects and means used to commit administrative violations as stipulated in this Article.

Article 11. Violation of regulations on testing new animal breeds

1\. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on an entity conducting breed testing that does not have adequate technical facilities as prescribed or does not have technical staff holding certificates for breed testing.

2\. A fine of from VND 5,000,000 to VND 15,000,000 shall be imposed on an entity conducting breed testing that commits any of the following acts:

a\. Conducting breed testing without recognition by the competent state agency;

b\. Conducting breed testing not in accordance with the prescribed procedures;

c\. Conducting breed testing not in accordance with the prescribed contents.

3\. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on the act of putting new animal breeds into business circulation or exchange outside the market before obtaining test results.

Remedial measures and additional penalties:

a\. Order the entity conducting breed testing to remedy the violation as stipulated in Clause 1 and Clause 2 of this Article.

b\. Confiscate the breeds and means used to commit administrative violations as stipulated in Clause 3 of this Article.

Article 12. Violation of regulations on production and business of animal breeds

1\. Warning or a fine of from VND 200,000 to VND 500,000 shall be imposed on organizations and individuals required to register their business but do not maintain records of breeds as prescribed.

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

a\. An entity keeping purebred, inbred, grandparent, and founder breeds does not have a dedicated technical officer with a university degree in livestock veterinary science or aquaculture;

b\. An entity keeping parent breeds does not have a technician with a certificate as prescribed.

3\. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of producing and selling counterfeit animal breeds.

4\. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on entities producing and selling animal breeds that violate any of the following acts in the production area:

a\. Testing pathogens;

b\. Testing new veterinary drugs;

c\. Testing new feed for livestock.

5\. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on the act of producing and selling animal breeds not listed in the Catalogue of Permitted Breeds for Production and Business.

Remedial measures and additional penalties:

a\. Order to maintain records of breeds for the violation as stipulated in Clause 1 of this Article;

b\. Confiscate, change the purpose of use, or destroy the breeds for the violation as stipulated in Clause 3 of this Article;

c\. Order to cease testing for the violation as stipulated at point a, b, c of Clause 4 of this Article;

d\. Confiscate new veterinary drugs and new livestock feed for the violation as stipulated at point b, c of Clause 4 of this Article and the means used for testing as stipulated at point a, b, c of Clause 4 of this Article;

đ\. Order to destroy pathogens for the violation as stipulated at point a of Clause 4 of this Article;

e\. Confiscate the breeds and means used to commit administrative violations for the violation as stipulated in Clause 5 of this Article.

Article 13. Violation of regulations on production and business of semen, embryos, eggs, and larvae

1\. Warning or a fine of from VND 200,000 to VND 500,000 shall be imposed on the act of violating regulations on hygiene and sterilization conditions of equipment and tools during the extraction and processing of semen and embryos.

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

a\. Producing semen from untested male animals;

b\. Extracting semen, embryos, eggs, and larvae not from purebred, inbred, founder, or grandparent herds.

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

a\. Extracting and trading semen and eggs in areas affected by dangerous diseases;

b\. Semen mixtures, frozen semen, frozen embryos, and eggs not meeting quality standards as prescribed;

c\. Not having trained and certified personnel for artificial insemination and embryo transfer;

d\. Not having specialized equipment and materials as prescribed for organizations and individuals producing and trading embryos.

Remedial measures and additional penalties:

a\. Order to implement hygiene and sterilization conditions for the violation as stipulated in Clause 1 of this Article;

b\. Suspend operations for the violations as stipulated in Clause 2 of this Article;

c\. Order to destroy semen, embryos, and eggs for the violation as stipulated at point a, b of Clause 3 of this Article.

Article 14. Violation of regulations on exporting animal breeds

1\. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on the act of exporting animal breeds not in accordance with the written consent of the Ministry of Agriculture and Rural Development or the Ministry of Fisheries.

2\. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on the act of exporting animal breeds listed in the Catalogue of Prohibited Exported Breeds without the written consent of the Ministry of Agriculture and Rural Development or the Ministry of Fisheries.

3. Additional forms of punishment:

Confiscate the exported animal breeds for the violation as stipulated in this Article.

Article 15. Violation of regulations on importing animal breeds

1\. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on the act of importing animal breeds listed in the Catalogue of Permitted Breeds for Production and Business into Vietnam but not in accordance with the registered breed type, quantity, and breed standards.

2\. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on the act of importing animal breeds not listed in the Catalogue of Permitted Breeds for Production and Business in Vietnam without the written consent of the Ministry of Agriculture and Rural Development or the Ministry of Fisheries.

Remedial measures and additional penalties:

Order re-export, slaughter, or destruction of imported animal breeds for the violation as stipulated in this Article in accordance with the law.

Article 16. Violation of regulations on labels and breed records of animal breeds

1\. Warning or a fine of from VND 200,000 to VND 1,000,000 shall be imposed on the act of trading animal breeds with labels or breed records that are unclear and unreadable.

2. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed on the act of producing and trading animal breeding stock without labels or breeding stock records, or with labels or breeding stock records that do not contain all necessary information as prescribed by labeling and breeding stock record regulations.

3. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed on the act of counterfeiting labels or breeding stock records of registered types of animal breeding stock circulating in the market.

4. Additional forms of punishment and measures to remedy consequences:

a) Order the implementation of measures to rectify violations concerning labels and breeding stock records when releasing breeding stock for trade in violation of Clause 1 and Clause 2 of this Article.

b) Confiscate labels and breeding stock records in violation of Clause 3 of this Article.

Article 17. Violations of advertising regulations for animal breeding stock

1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed on the act of providing information or advertising animal breeding stock not included in the list of permitted breeding stock production and trade.

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

a) False or inaccurate advertising regarding the quality of registered breeding stock;

b) Advertising containing content that diminishes the reputation or quality of other organizations' or individuals' breeding stock.

Article 18. Violations of regulations on announcing standards and quality of animal breeding stock

1. A warning or a fine of from 1,000,000 VND to 3,000,000 VND shall be imposed on the act of producing breeding stock without announcing standards and quality for breeding stock required to have such announcements.

2. Measures to remedy consequences:

Order the announcement of standards and quality of breeding stock in violation of this Article.

Article 19. Violations of regulations on announcing compliance with standards in breeding stock production

1. A warning or a fine of from 200,000 VND to 500,000 VND shall be imposed on the act of announcing compliance with standards outside the prescribed time limit.

2. A fine of from 2,000,000 VND to 5,000,000 VND shall be imposed on the act of producing breeding stock without announcing compliance with standards but already stamped or labeled as compliant.

3. Remedial measures and supplementary penalties:

a) Order the announcement of compliance with standards within the prescribed time limit in violation of Clause 1 of this Article;

b) Suspend production and change the purpose of use of the breeding stock lot in violation of Clause 2 of this Article; if the purpose of use cannot be changed, then destroy the lot.

Article 20. Violations of breeding stock quality regulations in trade

1. A fine of from 2,000,000 VND to 5,000,000 VND shall be imposed on the act of trading breeding stock without announcing standards and quality of breeding stock as prescribed.

2. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed on the act of trading breeding stock with lower quality than announced.

3. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed on the act of trading breeding stock that harms human health, pollutes the environment, and affects national reputation.

Remedial measures and additional penalties:

a) Order the announcement of standards and quality of breeding stock in violation of Clause 1 of this Article;

b) Order the change of purpose of use of the breeding stock lot in violation of Clause 2 of this Article;

c) Order the destruction of the breeding stock lot in violation of Clause 3 of this Article.

Article 21. Violations of regulations on yield testing of breeding stock

1. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed on individual male breeding stock yield testing activities violating any of the following acts:

a) Not conducting testing according to technical procedures;

b) Not evaluating and not announcing individual male breeding stock yield.

2. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed on breeding stock holding facilities for pure breeds, inbreeds, nucleus stocks, grandparents, and breeding herds that do not conduct individual or herd yield testing as prescribed.

3. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed on facilities providing individual male breeding stock yield testing services violating any of the following acts:

a) Facilities and equipment, technology, and hygiene conditions not meeting requirements;

b) Lack of trained personnel with certificates for individual male breeding stock yield testing.

4. Measures to remedy consequences:

a) Order the implementation of remedial measures concerning yield testing of breeding stock as prescribed for violations under Clause 1 and Clause 2 of this Article;

b) Order the implementation of remedial measures for violations under Clause 3 of this Article.

Article 22. Violations of administrative management regulations for breeding stock

1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on any of the following acts of altering or erasing the following types of documents:

a) Business registration certificates for breeding stock;

b) Professional qualification certificates;

c) Permits and recognition documents issued by specialized management agencies for: exporting and importing breeding stock; confirmation documents regarding standards; lists of breeding stock; trial documents.

2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed on the act of allowing others to use professional qualification certificates.

3. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed on the act of falsifying documents to obtain the permits specified in point a, b, and c of Clause 1 of this Article.

4. Additional forms of administrative punishment:

Seize and revoke the use of the permits for violations under Clause 1 and Clause 2 of this Article.

CHAPTER III
AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS
IN THE FIELD OF BREEDING STOCK

Article 23. Administrative sanction authority of specialized inspectors

1. Inspectors performing their duties have the right to:

a) Issue a warning or impose a fine up to 200,000 VND;

b) Confiscate property, means of transportation used for administrative violations with a value up to 2,000,000 VND;

c) Apply the remedial measures provided for in points a, b, and d of Clause 3, Article 12 of the Administrative Violation Handling Ordinance 2002.

2. The Heads of the Department of Agriculture and Rural Development's Inspection Office, Fisheries Department's Inspection Office are authorized to:

a) Issue a warning or impose a fine up to 20,000,000 VND;

b) Revoke the right to use practice certificates, professional qualification certificates issued by the Department of Agriculture and Rural Development, Fisheries Department;

c) Confiscate evidence and means used to commit administrative violations;

d) Apply the remedial measures provided for in points a, b, and d of Clause 3, Article 12 of the Administrative Violation Handling Ordinance 2002.

3. The Heads of the Ministry of Agriculture and Rural Development's Inspection Office, Fisheries Ministry's Inspection Office are authorized to:

a) Issue a warning or impose a fine up to 30,000,000 VND;

b) Revoke the right to use practice certificates, professional qualification certificates, and permits issued by the Ministry of Agriculture and Rural Development, Fisheries Ministry;

c) Confiscate evidence and means used to commit administrative violations;

d) Apply the remedial measures provided for in points a, b, and d of Clause 3, Article 12 of the Administrative Violation Handling Ordinance 2002.

Article 24. The authority to impose administrative penalties of the Chairpersons of People's Committees at all levels

The Chairpersons of People's Committees at all levels have the authority to impose administrative penalties in the field of breeding stock in accordance with Articles 28, 29, and 30 of the Administrative Violation Handling Ordinance.

Article 25. Authority to impose penalties of other agencies

In addition to those specified in Article 23 and Article 24 of this Decree, those who have the authority to impose penalties as prescribed by the Administrative Violation Handling Ordinance and discover administrative violations related to the breeding stock field under their management shall have the authority to impose penalties as prescribed.

Article 26. Principles for Determining Administrative Sanctioning Authority in the Field of Livestock Breeding

1. In cases where administrative violations fall under the sanctioning authority of multiple agencies, the agency that first receives the case shall handle it.

2. The sanctioning authority of those persons specified in Article 24 and Article 25 of this Decree applies to each individual act of administrative violation.

3. In cases involving fines, the sanctioning authority is determined based on the maximum amount within the fine range prescribed for each specific act of violation.

4. In cases where, in addition to applying sanctions, measures to mitigate consequences such as expulsion from Vietnam's territory or forced re-exportation are also applied, the agency or person with sanctioning authority handling the case must transfer the administrative violation file to the Chairman of the Provincial People's Committee, the Director of the General Department of Customs, or the Director of the Anti-Smuggling Investigation Department under the General Department of Customs for processing according to the provisions of Clause 5, Article 30, Point d, Clause 3, and Point d, Clause 4, Article 34 of the Administrative Violation Handling Ordinance.

5. In cases where a person commits multiple acts of administrative violation, the sanctioning authority is determined according to the following principles:

a) If the form and level of penalty prescribed for each violation are within the authority of the penalizing authority, then the authority remains with that person;

b) If the form or level of sanction prescribed for any of the acts exceeds the authority of the person imposing the sanction, then that person must transfer the entire administrative violation file to the competent authority with sanctioning power.

c) If the acts fall under the sanctioning authority of multiple persons from different sectors, the sanctioning authority belongs to the Chairman of the People's Committee at the level with sanctioning authority where the violation occurred.

Article 27. Delegation of Administrative Violation Sanctioning Authority

In cases where those persons with administrative violation sanctioning authority specified in Article 23 and Article 24 of this Decree are absent, their deputies who have been delegated such authority must impose administrative sanctions and bear responsibility for their decisions.

PART IV
PROCEDURES FOR ADMINISTRATIVE SANCTIONS
IN THE FIELD OF BREEDING STOCK

Article 28. 2. Organizations and individuals fined must pay the fine at the place designated in the administrative penalty decision and receive a receipt for the fine payment. In remote, isolated areas, on rivers, at sea, or in regions where travel is difficult, or outside regular working hours, individuals and organizations subject to penalties may pay the fine to the person authorized to impose penalties and receive a receipt for the fine payment.

1. Procedures and steps for imposing administrative sanctions in the field of livestock breeding shall be carried out in accordance with Articles 53, 54, 55, 56, 57, and 58 of the Administrative Violation Handling Ordinance.

2. Organizations and individuals fined must pay the fine at the location indicated in the administrative sanction decision and receive a receipt for the fine. In remote, isolated areas, on rivers, at sea, or in regions where travel is difficult, or outside regular working hours, individuals and organizations subject to sanctions may pay the fine to the person with sanctioning authority and receive a receipt for the fine collected.

3. Except in cases of warning or fines up to VND 100,000, where the person with administrative sanctioning authority issues the sanction decision on the spot (according to simplified procedures), all other acts of administrative violation must be documented in a file and retained fully at the competent authority with sanctioning power for the duration stipulated by current regulations.

4. When applying confiscation measures for contraband items or means of transportation involved in administrative violations, the person with administrative sanctioning authority must follow the procedures set forth in Article 60 of the Administrative Violation Handling Ordinance. The handling of confiscated contraband items or means of transportation must comply with the provisions of Article 61 of the Administrative Violation Handling Ordinance and Articles 31, 32, 33, and 34 of Decision No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing the implementation of the Administrative Violation Handling Ordinance.

5. When applying the measure of revoking licenses or certificates of practice, it must be done in accordance with the provisions of Article 59 of the Administrative Violation Handling Ordinance and Article 11 of Decision No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing the implementation of the Administrative Violation Handling Ordinance.

6. The management and use of fines collected from administrative violations shall be carried out in accordance with state regulations.

Article 29. 2. Organizations and individuals subject to administrative penalties who do not voluntarily comply with the administrative penalty decision will be enforced by compulsory measures as provided in Article 66 of the Administrative Violation Handling Ordinance. When applying compulsory measures, the agency and the person authorized must follow the enforcement procedures and steps stipulated in Article 67 of the Administrative Violation Handling Ordinance.

1. Organizations and individuals subject to administrative sanctions under this Decree must strictly implement the administrative sanction decision of the competent authority within ten days (as stipulated in Article 64 of the Administrative Violation Handling Ordinance, starting from the date of receiving the sanction decision, except where otherwise provided by the Administrative Violation Handling Ordinance).

2. Organizations and individuals subject to administrative sanctions who do not voluntarily comply with the sanction decision will be enforced through the measures prescribed in Article 66 of the Administrative Violation Handling Ordinance. When applying enforcement measures, the agency and person with sanctioning authority must follow the enforcement procedures and steps set forth in Article 67 of the Administrative Violation Handling Ordinance.

Article 30. application of preventive measures and ensuring administrative sanctions

1. To promptly prevent acts of administrative violations and ensure the handling of administrative violations in the field of livestock breeding, the competent authority may apply administrative violation prevention measures as stipulated in Article 43 of the Administrative Violation Handling Ordinance.

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

CHAPTER V
PETITIONING, REPORTING AND HANDLING VIOLATIONS

Article 31. Petitioning and Reporting

1. Organizations and individuals subject to administrative sanctions in the field of livestock breeding or their legitimate representatives have the right to appeal against administrative sanction decisions, decisions on applying preventive measures, and ensuring the handling of administrative violations.

2. Individuals have the right to report illegal acts during the handling of administrative violations in the field of livestock breeding to the competent state authorities.

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

Article 32. Awards

1. Organizations and individuals who achieve outstanding results in combating administrative violations in the field of livestock breeding shall be rewarded in accordance with the law on commendation and reward.

2. It is strictly prohibited to use funds obtained from administrative penalties related to livestock breeding or from selling confiscated contraband items or means of transportation for rewards.

Article 33. Handling of violations against persons authorized to impose administrative penalties

1. Any person with authority to impose administrative penalties in the field of livestock breeding who engages in harassment, tolerance, concealment, failure to handle, handling beyond the prescribed authority, embezzlement, or improper use of funds, thereby obstructing the lawful circulation of goods and causing damage to organizations or individuals shall be subject to disciplinary action or criminal liability depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the provisions of the law.

2. Any person with authority to impose penalties in the field of livestock breeding who allows the statute of limitations for imposing penalties to expire shall be handled in accordance with Article 121 of the Administrative Violation Handling Ordinance and Clause 2 of Article 10 of Decree No. 134/2003/NĐ-CP dated November 14, 2003, promulgated by the Government detailing certain provisions of the Administrative Violation Handling Ordinance 2002.

Article 34. Handling violations against persons subject to administrative penalties

A person subject to administrative penalties who commits acts of resisting law enforcement officers, intentionally delaying, evading compliance, or other violations shall be subject to administrative penalties or criminal liability depending on the nature and severity of the violation; if damage is caused, compensation must be provided in accordance with the provisions of the law.

Chapter VI
IMPLEMENTING PROVISIONS

Article 35. Effectiveness

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

Article 36. Responsibility for guidance and enforcement

1. The Minister of Agriculture and Rural Development and the Minister of Fisheries are responsible for guiding the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for organizing the implementation of this Decree./.