Decree No. 55/2018/ND-CP on administrative penalties for violations in the fertilizer sector

DECREE

Regulations on Administrative Sanctions for Violations in the Fertilizer Sector

___________________

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

Based on the Administrative Violation Handling Law dated June 20, 2012;

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

The Government promulgates this Decree to regulate administrative sanctions for violations in the fertilizer sector.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of violation, forms of sanction, levels of sanction, measures to remedy consequences for acts of administrative violation, sanctioning authority, and authority to issue administrative violation records in the fertilizer sector.

2. For other acts of administrative violation in the fertilizer sector not regulated in this Decree, provisions in other Government Decrees on administrative sanctions in related state management sectors shall be applied.

1. Organizations and individuals committing administrative violations related to plant seeds, plant protection, and plant quarantine within the territory of Vietnam.

1. This Decree applies to organizations and individuals committing acts of administrative violation in the fertilizer sector within the territory of Vietnam.

2. Individuals referred to in Clause 1 of this Article include registered business households under the Enterprise Law and family households engaged in agriculture, forestry, fisheries, salt production, and itinerant traders, peddlers, mobile vendors, and low-income service providers who are not required to register their businesses according to the law.

3. Organizations referred to in Clause 1 of this Article include:

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

b) Economic organizations established in accordance with the Cooperative Law, including: cooperatives and cooperative unions;

c) Economic organizations established in accordance with the Investment Law, including: domestic investors, foreign investors, and economic organizations with foreign investment;

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

Article 3. Statute of Limitations for Administrative Sanctions

1. The statute of limitations for administrative sanctions in the fertilizer sector is one year, except for violations concerning the production, sale, export, and import of fertilizers, which have a two-year statute of limitations for administrative sanctions.

2. The time point for calculating the statute of limitations for administrative sanctions as stipulated in Clause 1 of this Article shall be implemented according to points b, c, and d of Clause 1 of Article 6 of the Law on Handling Administrative Violations.

Article 4. Forms of Sanction and Measures to Remedy Consequences

1. For each act of administrative violation in the fertilizer sector, organizations and individuals must bear one of the following main forms of sanction: warning or fine.

2. Depending on the nature and degree of violation, organizations and individuals committing such violations may also be subject to the following supplementary forms of sanction:

a) Suspension of the right to use certificates confirming eligibility for fertilizer production/licenses for fertilizer production, certificates confirming eligibility for fertilizer trade, decisions recognizing organizations eligible for fertilizer testing, registration certificates for activity fields, or designation decisions for a certain period;

b) Suspension of production and trade activities in fertilizers for a certain period;

c) Confiscation of evidence of administrative violation and means used to commit administrative violations in the fertilizer sector;

d) Confiscation of certificates confirming eligibility for fertilizer production/licenses for fertilizer production; certificates confirming eligibility for fertilizer trade; import licenses for fertilizers;

3. This Decree stipulates the application of the following measures to remedy consequences:

a) Compelling the recall of fertilizers for retesting;

b) Compelling the recycling or conversion into raw materials for fertilizers without a decision recognizing them as fertilizers allowed to circulate in Vietnam;

c) Compelling the recall and return to fertilizer manufacturers whose expiration date has passed;

d) Compelling the return of unlawful gains obtained from implementing administrative violations;

đ) Compelling the destruction of fertilizers;

e) Compelling the re-export of fertilizers;

g) Compelling the cancellation of fertilizer testing results; sampling results; quality analysis and testing results of fertilizers;

h) Compelling the recall and destruction of all types of files and documents;

i) Compelling the return of the value of confiscated items in cases where the items have been sold or disposed of.

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

1. The maximum fine for a single administrative violation in the fertilizer sector against an individual is 100,000,000 VND, and against an organization is 200,000,000 VND.

2. The fine amounts prescribed in this Decree apply to administrative violations committed by individuals. For organizations committing the same violations, the fine amount is twice that imposed on individuals.

3. The authority to impose administrative penalties for violations specified in this Decree applies to a single administrative violation committed by an individual; in cases involving fines, the authority to impose penalties on organizations is twice that on individuals.

Chapter II
ADMINISTRATIVE VIOLATIONS, FORMS,

AMOUNT OF PENALTIES AND MEASURES TO REMEDY CONSEQUENCESIN THE FERTILIZER SECTOR

Article 6. Violations related to production of fertilizers fertilizers

1. Warning penalty for failing to report annually on fertilizer production and import/export situations.

2. Fine from 5,000,000 VND to 10,000,000 VND for any of the following violations:

a) Not having separate areas for raw materials and finished products;

b) Not having shelves or liners to store finished fertilizers;

c) Failing to report annually on fertilizer production and import/export situations for two consecutive years or failing to submit ad hoc reports when requested by competent state management agencies;

d) Not having a recognized testing room without a contract with designated testing organizations to evaluate quality indicators of self-produced fertilizers.

3. Fine from 10,000,000 VND to 15,000,000 VND for any of the following violations:

a) Direct managers or operators of fertilizer production not having a bachelor's degree or higher in crop cultivation, plant protection, soil science, agronomy, chemistry, or biology;

b) Not complying with the deadline for recalling fertilizers as decided by competent authorities.

4. Fine from 15,000,000 VND to 20,000,000 VND for any of the following violations:

a) Not retaining samples of each batch of fertilizers produced according to the required sample retention period;

b) Not retaining test result files according to the required period for each batch of fertilizers produced and exported;

c) Not having a quality management system compliant with ISO 9001 or equivalent (except for newly established facilities less than one year old since establishment; facilities only engaged in fertilizer packaging).

5. Fine from 20,000,000 VND to 25,000,000 VND for using production lines, machinery, and equipment from raw material processing to final product stages that do not meet the registered production technology process for obtaining a certificate of eligibility to produce fertilizers from competent state management agencies.

6. Fine from 25,000,000 VND to 30,000,000 VND for any of the following violations:

a) Not conducting quality testing on each batch of finished fertilizers before releasing them to the market;

b) Not recalling fertilizers as decided by competent authorities.

7. Fine from 60,000,000 VND to 70,000,000 VND for producing fertilizers with restricted factors exceeding the maximum limit.

8. Fine amounts for violations related to Certificates of Eligibility to Produce Fertilizers/Permits to Produce Fertilizers are as follows:

a) Fine from 10,000,000 VND to 15,000,000 VND for arbitrarily adding, erasing, modifying, or changing the content in Certificates of Eligibility to Produce Fertilizers/Permits to Produce Fertilizers;

b) Fine from 20,000,000 VND to 30,000,000 VND for failing to return Certificates of Eligibility to Produce Fertilizers/Permits to Produce Fertilizers as decided by competent authorities;

c) Fine from 30,000,000 VND to 40,000,000 VND for producing fertilizers not matching the type listed in Certificates of Eligibility to Produce Fertilizers/Permits to Produce Fertilizers;

d) Fine from 40,000,000 VND to 50,000,000 VND for continuing production of fertilizers after being suspended, or when Certificates of Eligibility to Produce Fertilizers/Permits to Produce Fertilizers have expired, been revoked, or recalled;

đ) Fine from 50,000,000 VND to 60,000,000 VND for producing fertilizers at locations not listed in Certificates of Eligibility to Produce Fertilizers/Permits to Produce Fertilizers;

e) Fine from 60,000,000 VND to 70,000,000 VND for producing fertilizers without Certificates of Eligibility to Produce Fertilizers/Permits to Produce Fertilizers;

g) Fine from 70,000,000 VND to 80,000,000 VND for producing fertilizers with Recognition Decisions for Fertilizer Circulation in Vietnam that have expired or been rescinded.

9. Fine from 80,000,000 VND to 90,000,000 VND for producing fertilizers without Recognition Decisions for Fertilizer Circulation in Vietnam valued under 200,000,000 VND or illegal profits under 100,000,000 VND, except for research and experimental production; fertilizers produced within the framework of trial production projects or programs supporting the application and transfer of technological advancements during project implementation.

10. For the act of producing fertilizer without a Decision recognizing fertilizer for circulation in Vietnam with a value of VND 200,000,000 or more or illegal profit of VND 100,000,000 or more, except for cases where fertilizer is produced for research or testing purposes; within the framework of a trial production project under a program to support the application and transfer of technological progress and technology during the implementation period of the project, the person in charge of handling the case must immediately transfer the violation file to the criminal proceedings agency to pursue criminal responsibility according to Article 62 of the Law on Handling Administrative Violations; if the criminal proceedings agency decides not to initiate a criminal case, revoke the decision to initiate a criminal case, terminate the investigation or terminate the case, and if the act has signs of administrative violations, impose a fine from VND 90,000,000 to VND 100,000,000.

11. Forms of supplementary penalties

a) Revoking the Certificate of Eligibility for Fertilizer Production/License for Fertilizer Production for a period of three to six months for acts violating the provisions of Clause 4 of this Article in cases of repeated or recidivist violations;

b) Revoking the Certificate of Eligibility for Fertilizer Production/License for Fertilizer Production for a period of six to nine months for acts violating the provisions of Clauses 5 and 6 of this Article in cases of repeated or recidivist violations;

c) Revoking the Certificate of Eligibility for Fertilizer Production/License for Fertilizer Production for a period of nine to twelve months for acts violating the provisions of Clause 7 of this Article in cases of repeated or recidivist violations;

d) Revoking the Certificate of Eligibility for Fertilizer Production/License for Fertilizer Production for a period of six to nine months for acts violating the provisions of Point c and đ of Clause 8 of this Article;

đ) Revoking the Certificate of Eligibility for Fertilizer Production/License for Fertilizer Production for a period of nine to twelve months for acts violating the provisions of Clause 9 of this Article;

e) Revoking the Certificate of Eligibility for Fertilizer Production/License for Fertilizer Production for a period of twenty-four months for acts violating the provisions of Clause 10 of this Article;

g) Suspending fertilizer production activities for a period of three to nine months for acts violating the provisions of Points e and g of Clause 8 of this Article;

h) Confiscating the Certificate of Eligibility for Fertilizer Production/License for Fertilizer Production for acts violating the provisions of Point a of Clause 8 of this Article.

12. Measures to remedy consequences

a) Compelling the recall of fertilizer for retesting for acts violating the provisions of Point a of Clause 6 of this Article;

b) Compelling the recall and destruction of fertilizer for acts violating the provisions of Clause 7 of this Article;

c) Compelling the destruction or recycling or conversion into raw material for fertilizer without a Decision recognizing fertilizer for circulation in Vietnam for acts violating the provisions of Clauses 9 and 10 of this Article;

d) Compelling the return of unlawful profits obtained through the implementation of acts violating the provisions of Clauses 9 and 10 of this Article.

Article 7. Acts of Violation Regarding the Sale of Fertilizer

1. Acts of violation regarding the sale of fertilizer include: Offering for sale, displaying, storing, preserving, transporting, wholesaling, retailing, exporting, and other activities bringing fertilizer into circulation, which shall be applied according to the provisions of Article 7 of this Decree; acts of violation regarding the import of fertilizer shall be applied according to the provisions of Article 8 of this Decree.

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

a) Failing to maintain all conditions for selling fertilizer as stipulated in Decree No. 108/2017/NĐ-CP during the course of operation;

b) Storing fertilizer together with one of the following types of goods such as foodstuffs, beverages, animal feed, pharmaceuticals, veterinary drugs;

c) Selling fertilizer during the research, testing, or trial production project phase when there is no Decision recognizing fertilizer for circulation in Vietnam.

3. Imposing a fine from VND 5,000,000 to VND 7,000,000 for one of the following acts of violation:

a) Arbitrarily adding, erasing, modifying, or changing the content in the Certificate of Eligibility for Selling Fertilizer;

b) Selling fertilizer during the suspension of sales activities or revocation or recovery of the Certificate of Eligibility for Selling Fertilizer;

c) Selling fertilizer that has been canceled from the Decision recognizing fertilizer for circulation in Vietnam.

4. Imposing a fine from VND 7,000,000 to VND 10,000,000 for selling fertilizer without a Certificate of Eligibility for Selling Fertilizer.

5. Imposing a fine from VND 10,000,000 to VND 15,000,000 for selling fertilizer with restricted factors exceeding the maximum limit.

6. Acts of violation regarding the sale of fertilizer without a Decision recognizing fertilizer for circulation in Vietnam or expired fertilizer shall be penalized as follows:

a) Warning penalty for cases where the fertilizer value is less than VND 1,000,000;

b) Imposing a fine from VND 500,000 to VND 1,000,000 for cases where the batch of fertilizer has a value from VND 1,000,000 to less than VND 2,000,000;

c) Imposing a fine from VND 1,000,000 to VND 2,000,000 for cases where the batch of fertilizer has a value from VND 2,000,000 to less than VND 3,000,000;

d) Imposing a fine from VND 2,000,000 to VND 3,000,000 for cases where the batch of fertilizer has a value from VND 3,000,000 to less than VND 5,000,000;

đ) Imposing a fine from VND 4,000,000 to VND 6,000,000 for cases where the batch of fertilizer has a value from VND 5,000,000 to less than VND 7,000,000;

e) Imposing a fine from VND 6,000,000 to VND 7,000,000 for cases where the batch of fertilizer has a value from VND 7,000,000 to less than VND 10,000,000;

g) Imposing a fine from VND 8,000,000 to VND 10,000,000 for cases where the batch of fertilizer has a value from VND 10,000,000 to less than VND 15,000,000;

h) Imposing a fine from VND 10,000,000 to VND 15,000,000 for cases where the batch of fertilizer has a value from VND 15,000,000 to less than VND 25,000,000;

i) Imposing a fine from VND 15,000,000 to VND 20,000,000 for cases where the batch of fertilizer has a value from VND 25,000,000 to less than VND 35,000,000;

k) A fine of VND 25,000,000 to VND 35,000,000 for cases where the batch of fertilizer has a value from VND 35,000,000 to less than VND 50,000,000;

l) A fine of VND 40,000,000 to VND 50,000,000 for cases where the batch of fertilizer has a value from VND 50,000,000 to less than VND 70,000,000;

m) A fine of VND 50,000,000 to VND 60,000,000 for cases where the batch of fertilizer has a value from VND 70,000,000 to less than VND 100,000,000;

n) A fine of VND 60,000,000 to VND 70,000,000 for cases where the batch of fertilizer has a value from VND 100,000,000 to less than VND 150,000,000;

o) A fine of VND 70,000,000 to VND 80,000,000 for cases where the batch of fertilizer has a value from VND 150,000,000 to less than VND 200,000,000;

p) In cases of trading fertilizer without a Decision recognizing fertilizer circulation in Vietnam with a value of VND 200,000,000 or more, the authority handling the case must immediately transfer the case file to the criminal proceedings agency to pursue criminal responsibility according to Article 62 of the Law on Handling Administrative Violations; if the criminal proceedings agency decides not to initiate a criminal investigation, revoke the decision to initiate a criminal investigation, terminate the investigation, or terminate the case, and if the act indicates administrative violations, impose a fine of VND 90,000,000 to VND 100,000,000;

7. Additional forms of punishment

a) Revocation of the Certificate of Eligibility for Trading Fertilizer or suspension of trading activities for one to three months for acts violating the provisions of point i, k Clause 6 of this Article in cases of repeated violations or recidivism;

b) Revocation of the Certificate of Eligibility for Trading Fertilizer or suspension of trading activities for three to six months for acts violating the provisions of point l, m Clause 6 of this Article in cases of repeated violations or recidivism;

c) Revocation of the Certificate of Eligibility for Trading Fertilizer or suspension of trading activities for six to nine months for acts violating the provisions of Clause 5, point n Clause 6 of this Article in cases of repeated violations or recidivism;

d) Revocation of the Certificate of Eligibility for Trading Fertilizer or suspension of trading activities for nine to twelve months for acts violating the provisions of point o Clause 6 of this Article;

đ) Revocation of the Certificate of Eligibility for Trading Fertilizer or suspension of trading activities for twelve to fifteen months for acts violating the provisions of point p Clause 6 of this Article;

e) Suspension of trading activities for three to nine months for acts violating the provisions of Clause 4 of this Article;

g) Confiscation of the Certificate of Eligibility for Trading Fertilizer for acts violating the provisions of point a Clause 3 of this Article;

8. Measures to remedy consequences

a) Compel the return of expired fertilizer to the manufacturer for acts violating the provisions of Clause 6 of this Article;

b) Compel the destruction or recycling or conversion into raw material for fertilizer without a Decision recognizing fertilizer circulation in Vietnam for acts violating the provisions of Clause 6 of this Article;

c) Compel the recovery and destruction of fertilizer for acts violating the provisions of Clause 5 of this Article.

Article 8. Acts violating regulations on importing fertilizers

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

a) Arbitrarily adding, erasing, correcting, or altering the content in the Import Permit for Fertilizers;

b) Introducing into production, circulation, or failing to keep the imported fertilizers in their original condition without a notification of the results of state inspection regarding the quality of imported fertilizers.

2. Importing fertilizers that do not meet quality standards, importing expired fertilizers, or importing fertilizers without an Import Permit when such importation requires a permit shall be subject to the following penalties:

a) A fine of VND 3,000,000 to VND 5,000,000 for a batch of fertilizer with a value under VND 30,000,000;

b) A fine of VND 5,000,000 to VND 10,000,000 for a batch of fertilizer with a value from VND 30,000,000 to under VND 50,000,000;

c) A fine of VND 10,000,000 to VND 15,000,000 for a batch of fertilizer with a value from VND 50,000,000 to under VND 100,000,000;

d) A fine of VND 15,000,000 to VND 25,000,000 for a batch of fertilizer with a value of VND 100,000,000 or more.

3. Additional forms of punishment

Confiscate the Import Permit for Fertilizers for acts violating the provisions set forth in point a, Clause 1 of this Article.

4. Measures to remedy consequences

a) Compel re-export of fertilizers for acts violating the provisions set forth in Clause 2 of this Article in cases where fertilizers are imported without meeting quality standards or without an Import Permit when such importation requires a permit;

If beyond thirty days from the date of receipt of the penalty decision by the competent state management agency, the fertilizers have not been re-exported, then the authority specified in Clause 4 of Article 13 of this Decree must issue a decision to confiscate or destroy the evidence of violation according to the regulations, except in cases of justifiable reasons;

b) Compel re-export or destruction of fertilizers for acts violating the provisions set forth in Clause 2 of this Article in cases where fertilizers are imported past their expiration date;

c) Compel repayment of the amount equal to the value of the evidence of violation that has been sold or disposed of in cases where fertilizers are imported without meeting quality standards as stipulated in Clause 2 of this Article.

Article 9. Acts violating regulations on sampling fertilizers; analyzing, testing the quality of fertilizers

1. A fine of VND 5,000,000 to VND 10,000,000 for any of the following acts violating regulations on sampling fertilizers for conformity assessment certification or for state management purposes:

a) Conducting sampling of fertilizers without a Certificate of Training for Sampling Fertilizers or a Certificate of Training for Sample Collectors;

b) Not applying the sampling method according to the National Standard for Sampling Fertilizers, except in cases where there is no national standard for sampling fertilizers.

2. A fine of VND 10,000,000 to VND 15,000,000 for the act of not publishing the sampling method, analysis method, or testing method according to technical regulations or national standards or enterprise standards for types of fertilizers that do not have technical regulations or national standards.

3. The level of fines for acts violating regulations on testing fertilizers:

a) A fine of VND 30,000,000 to VND 40,000,000 for the act of analyzing or testing the quality of fertilizers for state management purposes using a test outside the designated scope;

b) A fine of VND 40,000,000 to VND 50,000,000 for the act of analyzing or testing the quality of fertilizers for state management purposes without being recognized or designated by the competent authority.

4. Additional forms of punishment

Suspend the right to use the registration certificate for the field of activity or the designation decision for six to twelve months for acts violating the provisions set forth in Clause 3 of this Article.

5. Measures to remedy consequences

Compel the cancellation of the sampling results of fertilizers, the analysis results, or the testing results of the quality of fertilizers for acts violating the provisions set forth in Clause 1 and Clause 3 of this Article.

Article 10. Acts violating regulations on fertilizer testing

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

a) Failing to retain fertilizer testing records as prescribed;

b) Failing to submit annual reports on the activities of fertilizer testing organizations or ad hoc reports as required by competent state management agencies.

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

a) Failing to maintain all conditions of recognized fertilizer testing organizations during testing operations;

b) Failing to comply with technical standards, procedures, and testing requirements as prescribed.

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

4. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for failing to conduct testing or conducting testing not in accordance with regulations but still issuing testing results.

5. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for any of the following acts:

a) Altering or tampering with testing documents;

b) Using false or inaccurate files or records to obtain recognition as a qualified testing organization without reaching the level of criminal prosecution.

6. Additional forms of punishment

a) Revoking the decision recognizing the organization as qualified for testing for a period of six to twelve months for violations under Clause 2 of this Article if they occur repeatedly or are recidivist;

b) Revoking the decision recognizing the organization as qualified for testing for a period of nine to twelve months for violations under Clause 4 of this Article;

c) Revoking the decision recognizing the organization as qualified for testing for a period of twelve to eighteen months for violations under Clause 5 of this Article.

7. Measures to remedy consequences

a) Ordering the invalidation of testing results for violations under Clauses 2, 3, 4, and 5 of this Article;

b) Ordering the recovery and destruction of all types of files and records for violations under Clause 5 of this Article.

Article 11. Acts violating regulations on fertilizer usage

1. A warning shall be issued for using fertilizers not in accordance with the usage instructions on the fertilizer label.

2. A fine of from VND 500,000 to VND 1,000,000 shall be imposed for using fertilizers of unknown origin.

Chapter III
ADMINISTRATIVE SANCTIONING AUTHORITY AND RECORDING OF ADMINISTRATIVE VIOLATIONS

AND ESTABLISH AN ADMINISTRATIVE VIOLATION RECORD

Article 12. Administrative sanctioning authority of People's Committee Chairpersons at various levels

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

a) To issue warnings;

b) To impose fines up to VND 5,000,000;

c) Confiscating objects and means used in administrative violations up to a value of VND 5,000,000;

d) Applying remedial measures as stipulated in point đ, Clause 3, Article 4 of this Decree;

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

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) Revoking the right to use licenses or certificates or suspending activities for a limited time;

d) Confiscating objects and means used in administrative violations up to a value of VND 50,000,000;

đ) Applying remedial measures as stipulated in points a, b, c, d, đ, g, h, i, Clause 3, Article 4 of this Decree;

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

a) To issue warnings;

b) Impose a fine up to VND 100,000,000.

c) Revoking the right to use licenses or certificates or suspending activities for a limited time;

d) Confiscate contraband and means of administrative violation;

đ) Applying remedial measures as stipulated in Clause 3, Article 4 of this Decree.

Article 13. Competence to impose penalties of specialized inspectors in the fertilizer sector

1. Agricultural inspectors and those assigned to perform specialized inspection tasks in the fertilizer sector while on duty have the authority:

a) To issue warnings;

b) To impose fines up to VND 500,000;

c) To confiscate objects and means used for administrative violations with a value up to VND 500,000;

d) Applying remedial measures as stipulated in point đ, Clause 3, Article 4 of this Decree;

2. Heads of agricultural inspection departments of provincial Departments of Agriculture and Rural Development; Chiefs of Crop Production and Plant Protection Services; Heads of specialized inspection teams of provincial Departments of Agriculture and Rural Development; Heads of specialized inspection teams: Plant Protection Department, Crop Production and Plant Protection Service, have the authority:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) To revoke the right to use permits or certificates, or suspend activities for a period of time;

d) To confiscate objects and means used for administrative violations with a value up to VND 50,000,000;

đ) To confiscate Certificates of Eligibility for Fertilizer Production/Production Permits; Certificates of Eligibility for Fertilizer Trade; Import Permits for Fertilizers;

e) To apply measures to remedy consequences as stipulated in Clause 3, Article 4 of this Decree;

3. Heads of specialized inspection teams of the Ministry of Agriculture and Rural Development have the authority:

a) To issue warnings;

b) To impose fines up to VND 70,000,000;

c) Revoking the right to use licenses or certificates or suspending activities for a limited time;

d) To confiscate objects and means used for administrative violations with a value up to VND 70,000,000;

đ) To confiscate Certificates of Eligibility for Fertilizer Production/Production Permits; Certificates of Eligibility for Fertilizer Trade; Import Permits for Fertilizers;

e) To apply measures to remedy consequences as stipulated in Clause 3, Article 4 of this Decree;

4. Heads of the Ministry of Agriculture and Rural Development's Inspection Department, Heads of the Plant Protection Department have the authority:

a) To issue warnings;

b) Impose a fine up to VND 100,000,000.

c) Revoking the right to use licenses or certificates or suspending activities for a limited time;

d) To confiscate objects and means used for administrative violations;

đ) To confiscate Certificates of Eligibility for Fertilizer Production/Production Permits; Certificates of Eligibility for Fertilizer Trade; Import Permits for Fertilizers;

e) To apply measures to remedy consequences as stipulated in Clause 3, Article 4 of this Decree;

Article 14. Competence to impose penalties of People's Public Security Forces

1. People's Public Security soldiers while on duty have the authority:

a) To issue warnings;

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

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

a) To issue warnings;

b) Impose a fine up to 1,500,000 VND.

3. Chiefs of public security stations at commune level, chiefs of public security posts, chiefs of public security checkpoints at border gates, export processing zones have the authority:

a) To issue warnings;

b) Impose fines up to 2,500,000 VND;

c) To confiscate objects and means of administrative violations with a value not exceeding the fine amount specified in Point b of this clause;

d) Applying remedial measures as stipulated in point đ, Clause 3, Article 4 of this Decree;

4. Chiefs of public security at district level; Chiefs of business units under the Highway Traffic Police Corps, Railway Traffic Police Corps; Chiefs of business units under the Waterway Traffic Police Corps; Chiefs of business units under provincial public security including Chiefs of Social Order Management Police, Public Order Police, Social Order Crime Investigation Police, Economic Order Crime Investigation Police and Corruption, Narcotics Crime Investigation Police, Highway Traffic Police, Railway Traffic Police, Waterway Traffic Police, Environmental Crime Prevention Police, Internal Political Security Police, Economic Security Police have the authority:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) To revoke the right to use permits or certificates for a period of time or suspend activities for a period of time;

d) To confiscate objects and means of administrative violations with a value not exceeding the fine amount specified in Point b of this clause;

đ) To apply measures to remedy consequences as stipulated in Points a, b, đ, g, h of Clause 3, Article 4 of this Decree;

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

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) To revoke the right to use permits or certificates for a period of time or suspend activities for a period of time;

d) To confiscate objects and means of administrative violations with a value not exceeding the fine amount specified in Point b of this clause;

đ) To apply measures to remedy consequences as stipulated in Points a, b, d, đ, g, h, i of Clause 3, Article 4 of this Decree;

6. Chiefs of the Internal Political Security Bureau, Chiefs of the Economic Security Bureau, Chiefs of the Cultural and Ideological Security Bureau, Chiefs of the Information Security Bureau, Chiefs of the Social Order Management Police, Chiefs of the Social Order Crime Investigation Police, Chiefs of the Economic Order Crime Investigation Police and Corruption, Chiefs of the Narcotics Crime Investigation Police, Chiefs of the Highway Traffic Police, Railway Traffic Police, Waterway Traffic Police, Environmental Crime Prevention Police, High-Tech Crime Prevention Police have the authority:

a) To issue warnings;

b) Impose a fine up to VND 100,000,000.

c) To revoke the right to use permits or certificates for a period of time or suspend activities for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To apply measures to remedy consequences as stipulated in Points a, b, d, đ, g, h, i of Clause 3, Article 4 of this Decree;

Article 15. Competence to impose penalties of Customs

1. The Head of a Customs Team under a Customs Sub-department, the Head of a Post-Customs Clearance Inspection Team shall have the authority:

a) To issue warnings;

b) Impose a fine up to 5,000,000 VND.

2. The Head of a Customs Sub-department, the Head of a Post-Customs Clearance Inspection Sub-department, the Head of a Control Team under a Provincial, Inter-provincial, or Central City Customs Department, the Head of an Anti-Smuggling Control Team, the Head of a Customs Procedure Team, the Commander of a Maritime Control Squadron, and the Head of an Intellectual Property Protection Control Team under the General Department of Customs Investigation shall have the authority:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) To confiscate contraband goods and means of transport for administrative violations with a value not exceeding the amount of fine prescribed in point b of this clause;

d) To apply measures to remedy consequences prescribed in points đ, e, i of Clause 3, Article 4 of this Decree.

3. The Head of the Anti-Smuggling Investigation Department, the Head of the Post-Customs Clearance Inspection Department under the General Department of Customs, the Head of a Provincial, Inter-provincial, or Central City Customs Department shall have the authority:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) To revoke the right to use permits or certificates for a period of time or suspend activities for a period of time;

d) To confiscate objects and means of administrative violations with a value not exceeding the fine amount specified in Point b of this clause;

đ) To apply measures to remedy consequences prescribed in points b, c, đ of Clause 3, Article 4 of this Decree.

4. The Director-General of the General Department of Customs shall have the authority:

a) To issue warnings;

b) Impose a fine up to VND 100,000,000.

c) To confiscate objects and means of administrative violations;

d) To apply measures to remedy consequences prescribed in points đ, e, i of Clause 3, Article 4 of this Decree.

Article 16. Competence to impose penalties of Market Management

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

a) To issue warnings;

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

2. The Head of a Market Management Team shall have the authority:

a) To issue warnings;

b) To impose fines up to VND 25,000,000;

c) To confiscate contraband goods and means of transport for administrative violations with a value not exceeding the amount of fine prescribed in point b of this clause;

d) To apply measures to remedy consequences prescribed in points b, c, đ of Clause 3, Article 4 of this Decree.

3. The Head of a Market Management Sub-department under the Department of Industry and Trade, the Head of the Anti-Smuggling Prevention Division, the Head of the Counterfeit Goods Prevention Division, and the Head of the Product Quality Supervision Division under the Market Management Department shall have the authority:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) To confiscate contraband goods and means of transport for administrative violations with a value not exceeding the amount of fine prescribed in point b of this clause;

d) To revoke the right to use permits or certificates with a limited term or suspend operations for a limited term;

đ) To apply measures to remedy consequences prescribed in points b, c, đ of Clause 3, Article 4 of this Decree.

4. The Head of the Market Management Department shall have the authority:

a) To issue warnings;

b) Impose a fine up to VND 100,000,000.

c) To confiscate objects and means of administrative violations;

d) To revoke the right to use permits or certificates with a limited term or suspend operations for a limited term;

đ) To apply measures to remedy consequences prescribed in points b, c, đ of Clause 3, Article 4 of this Decree.

Article 17. Competence to impose penalties of Border Guard Force

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

a) To issue warnings;

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

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

a) To issue warnings;

b) Impose a fine up to 2,500,000 VND.

3. The Head of a Border Guard Post, the Commander of a Border Guard Squadron, the Commander of a Border Guard District, and the Commander of a Border Gate Port Border Guard shall have the authority:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) To confiscate contraband goods and means of transport for administrative violations with a value not exceeding the amount of fine prescribed in point b of this clause;

d) To apply measures to remedy consequences prescribed in points b, đ of Clause 3, Article 4 of this Decree.

4. The Commander of a Provincial Border Guard Force, the Commander of a Border Guard Squadron under the Border Guard Command shall have the authority:

a) To issue warnings;

b) Impose a fine up to VND 100,000,000.

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

d) Confiscate contraband and means of administrative violation;

đ) To apply measures to remedy consequences prescribed in points b, đ of Clause 3, Article 4 of this Decree.

Article 18. Competence to impose penalties of Coast Guard

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

a) To issue warnings;

b) Impose a fine up to 1,500,000 VND.

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

a) To issue warnings;

b) Impose a fine up to 5,000,000 VND.

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

a) To issue warnings;

b) Impose fines up to 10,000,000 VND;

c) To apply measures to remedy consequences prescribed in point đ of Clause 3, Article 4 of this Decree.

4. The maritime squadron commander have the right to:

a) To issue warnings;

b) To impose fines up to VND 20,000,000;

c) To confiscate contraband goods and means of transport for administrative violations with a value not exceeding the amount of fine prescribed in point b of this clause;

d) To apply measures to remedy consequences prescribed in points b, đ of Clause 3, Article 4 of this Decree.

5. The Commander of a Coast Guard Squadron shall have the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) To confiscate contraband goods and means of transport for administrative violations with a value not exceeding the amount of fine prescribed in point b of this clause;

d) To apply measures to remedy consequences prescribed in points b, đ of Clause 3, Article 4 of this Decree.

6. The Commander of a Coast Guard Region shall have the authority:

a) To issue warnings;

b) To impose fines up to VND 50,000,000;

c) To confiscate contraband goods and means of transport for administrative violations with a value not exceeding the amount of fine prescribed in point b of this clause;

d) To apply measures to remedy consequences prescribed in points b, đ of Clause 3, Article 4 of this Decree.

7. The Commander of the Coast Guard shall have the authority:

a) To issue warnings;

b) Impose a fine up to VND 100,000,000.

c) To revoke the right to use permits or certificates for a period of time or suspend activities for a period of time;

d) Confiscate contraband and means of administrative violation;

đ) To apply measures to remedy consequences prescribed in points b, đ of Clause 3, Article 4 of this Decree.

Article 19. Allocation of Competence to Impose Penalties

1. Those persons with authority from People's Committees at all levels, specialized inspection agencies, and the People's Public Security have the authority to impose administrative penalties on violations stipulated in this Decree, and may apply supplementary forms of punishment and measures to remedy consequences according to the competence prescribed in Articles 12, 13, and 14 of this Decree and their assigned functions, tasks, and authorities.

2. Those persons with authority from Customs agencies have the authority to impose administrative penalties on violations stipulated in Article 8 of this Decree, and may apply supplementary forms of punishment and measures to remedy consequences according to the competence prescribed in Article 15 of this Decree and their assigned functions, tasks, and authorities.

3. Those persons with authority from Market Management agencies have the authority to impose administrative penalties on violations stipulated in Article 7 of this Decree, and may apply supplementary forms of punishment and measures to remedy consequences according to the competence prescribed in Article 16 of this Decree and their assigned functions, tasks, and authorities.

4. Those persons with authority from the Border Guard Force have the authority to impose administrative penalties on violations stipulated in Articles 7 and 8 of this Decree, and may apply supplementary forms of punishment and measures to remedy consequences according to the competence prescribed in Article 17 of this Decree and their assigned functions, tasks, and authorities.

5. Those persons with authority from the Coast Guard have the authority to impose administrative penalties on violations stipulated in Articles 7 and 8 of this Decree, and may apply supplementary forms of punishment and measures to remedy consequences according to the competence prescribed in Article 18 of this Decree and their assigned functions, tasks, and authorities.

Article 20. Competence to draw up administrative violation records

1. The person authorized to impose administrative sanctions as provided for from Article 12 to Article 18 of this Decree shall exercise such authority according to their functions, tasks, and granted powers.

2. Civil servants and officials working in agencies as provided for from Article 12 to Article 18 of this Decree while performing official duties and tasks according to their functions and granted powers within the fertilizer sector.

Chapter IV
IMPLEMENTING PROVISIONS

Article 21. Effective Date

1. This Decree takes effect from the date of issuance, except for Clause 4 of Article 7 of this Decree which will take effect from September 20, 2020, for organizations and individuals who have been and are engaged in fertilizer trading before September 20, 2017.

2. This Decree abolishes Article 19, 20, 21, 23, 24, 25 of Decree No. 163/2013/NĐ-CP dated November 12, 2013 on administrative sanctions in the field of chemicals, fertilizers, and industrial explosives; Clause 18, 19, 20, 21, 22, 23 of Article 1 of Decree No. 115/2016/NĐ-CP dated July 8, 2016 amending and supplementing certain articles of Decree No. 163/2013/NĐ-CP dated November 12, 2013 of the Government on administrative sanctions in the field of chemicals, fertilizers, and industrial explosives.

Article 22. Transitional provisions

Administrative violations in the fertilizer sector that are committed or discovered before the effective date of this Decree and are under consideration or resolution shall be subject to sanctions under Decree No. 163/2013/NĐ-CP dated November 12, 2013 of the Government on administrative sanctions in the field of chemicals, fertilizers, and industrial explosives and Decree No. 115/2016/NĐ-CP dated July 8, 2016 amending and supplementing certain articles of Decree No. 163/2013/NĐ-CP dated November 12, 2013, except where this Decree provides for lighter legal responsibility for the administrative violation, in which case sanctions shall be imposed under this Decree.

Article 23. Responsibility for Implementation

1. The Minister of Agriculture and Rural Development shall be responsible for guiding and implementing this Decree.

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