DECREE

On administrative penalties for violations in the field of plant seeds

__________________________

THE GOVERNMENT

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

Pursuant to the Plant Seed Ordinance dated March 24, 2004;

Pursuant to 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:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates on administrative penalties for violations in the field of plant seeds.

2. Administrative violations in the field of plant seeds are acts committed by organizations and individuals that intentionally or negligently violate the provisions of the law on plant seeds, which are not criminal offenses and are subject to administrative penalties under this Decree. Administrative violations in the field of plant seeds include:

a) Violations of regulations on management, use, and conservation of plant seed genetic resources;

b) Violations of regulations on testing, recognizing new plant varieties, and selecting and recognizing parent plants;

c) Violations of regulations on protecting new plant varieties;

d) Violations of regulations on producing and trading in plant seeds;

đ) Violations of regulations on managing the quality of plant seeds;

e) Violations of administrative regulations on plant seeds.

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

Article 2. Applicability

1. Individuals aged from 14 to under 16 years old who commit intentional administrative violations shall be administratively penalized; individuals aged 16 years and older shall be administratively penalized for all administrative violations they cause in the field of plant seeds as prescribed by the law on handling administrative violations and Chapter II of this Decree.

2. Organizations shall be administratively penalized for all administrative violations in the field of plant seeds caused by them. After implementing the penalty decision, the organization shall identify the individual responsible for causing the administrative violation to determine their legal responsibility according to the law.

3. Foreign organizations and individuals committing administrative violations in the field of plant seeds within the territory, exclusive economic zone, and continental shelf of the Socialist Republic of Vietnam shall be administratively penalized according to this Decree. In cases where international treaties to which Vietnam is a party provide different provisions, such provisions shall be implemented.

Article 3. Principles of Imposition of Sanctions

The principles of administrative penalties in the field of plant seeds shall be applied according to the provisions of Article 3 of the Administrative Violation Handling Ordinance 2002 and Article 3 of Decree No. 134/2003/NĐ-CP dated November 14, 2003, detailing certain provisions of the Administrative Violation Handling Ordinance 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 carried out according to the provisions of Article 8 and Article 9 of the Administrative Violation Handling Ordinance 2002 and Article 6 of Decree No. 134/2003/NĐ-CP dated November 14, 2003, detailing certain provisions of the Administrative Violation Handling Ordinance 2002.

Article 5. Statute of Limitations for Administrative Sanctions

The statute of limitations for administrative penalties in the field of plant seeds is one year, counted from the date the administrative violation was committed; in the field of exporting and importing plant seeds or when the administrative violation involves producing or trading prohibited or counterfeit seeds, the statute of limitations is two years, counted from the date the administrative violation was committed.

Article 6. Period considered as not having been administratively punished

The period during which an administrative violation in the field of plant seeds is considered not yet penalized shall be applied according to the provisions of Clause 1, Article 11 of the Administrative Violation Handling Ordinance 2002 and Article 7 of Decree No. 134/2003/NĐ-CP dated November 14, 2003, detailing certain provisions of the Administrative Violation Handling Ordinance 2002.

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 plant seeds is 30,000,000 Vietnamese dong.

2. In addition to the main form of punishment, depending on the nature and severity of the violation, organizations and individuals committing administrative violations in the field of plant seeds may also be subject to one or more supplementary forms of punishment as follows:

a) Suspension of the right to use professional certificates for a limited or unlimited period;

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

3. In addition to the forms of punishment prescribed in Clauses 1 and 2 of this Article, in necessary cases, organizations and individuals committing administrative violations may also be subject to one or more remedial measures as follows:

a) Compelling restoration or correction of the initial condition altered due to the administrative violation;

b) Compelling destruction of plant seeds harmful to production, human health, or environmental pollution;

c) Compelling removal from Vietnam or re-exporting plant seeds imported outside the list of permitted plant seeds for production and trade or without written approval from the Ministry of Agriculture and Rural Development and the Ministry of Fisheries;

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

Chapter II

FORMS OF PENALTY AND AMOUNTS FOR VIOLATIONS IN THE FIELD OF PLANT SEEDS

Article 8. Violation of regulations on management, use, and conservation of plant genetic resources in protected areas

1. A fine of VND 2,000,000 to VND 5,000,000 for the act of exploiting or using plant genetic resources in protected areas beyond the permitted limits.

2. A fine of VND 5,000,000 to VND 10,000,000 for the act of exploiting, using, or appropriating plant genetic resources in protected areas without permission from competent authorities.

3. A fine of VND 20,000,000 to VND 30,000,000 for the act of destroying plant genetic resources in protected areas.

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

a) Confiscation of contraband items and means of violation for violations stipulated in Clause 2 and Clause 3 of this Article.

b) Compel to remedy consequences for violations stipulated in Clause 1 and Clause 2 of this Article.

Article 9. With Violation of regulations on collecting and conserving rare plant genetic resources listed in the Catalogue of Rare Plant Genetic Resources to be Conserved

            1. A fine of VND 1,000,000 to VND 3,000,000 for the act of failing to collect and conserve rare plant genetic resources as prescribed.

2. A fine of VND 10,000,000 to VND 20,000,000 for the act of appropriating rare plant genetic resources.

3. A fine of VND 20,000,000 to VND 30,000,000 for the act of destroying rare plant genetic resources.

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

a) Confiscation of contraband items and means of violation for violations stipulated in Clause 2 and Clause 3 of this Article.

b) Compel to remedy consequences for violations stipulated in Clause 2 of this Article.

Article 10. Violation of international exchange regulations on rare plant genetic resources

1. A fine of VND 15,000,000 to VND 25,000,000 for the act of conducting international exchanges of rare plant genetic resources not in accordance with the agreement documents of the Ministry of Agriculture and Rural Development and the Ministry of Fisheries.

2. A fine of VND 25,000,000 to VND 30,000,000 for the act of conducting international exchanges of rare genetic resources without written consent from the Ministry of Agriculture and Rural Development and the Ministry of Fisheries.

3. Additional forms of punishment:

Confiscate contraband items for violations stipulated in Clause 1 and Clause 2 of this Article.

Article 11. Violation of regulations on testing new plant varieties

1. A fine of VND 2,000,000 to VND 5,000,000 for the act of conducting tests without meeting the required testing conditions as prescribed.

2. A fine of VND 3,000,000 to VND 7,000,000 for the act of providing testing services before being recognized by competent authorities.

3. A fine of VND 5,000,000 to VND 10,000,000 for the act of testing not in accordance with the prescribed testing standards.

4. A fine of VND 10,000,000 to VND 15,000,000 for the act of publishing false testing results.

Additional forms of punishment and measures to remedy consequences:

a) Revocation of the certificate of qualification for testing new plant varieties indefinitely for violations stipulated in Clause 4 of this Article.

b) Compel to ensure the required testing conditions for violations stipulated in Clause 1 of this Article. This provision;

c) Compel to conduct tests in accordance with the prescribed standards for violations stipulated in Clause 3 of this Article.

Article 12. Violation of regulations on using new plant varieties during testing

1. A fine of VND 3,000,000 to VND 5,000,000 for the act of putting new plant varieties undergoing testing into trial production beyond the permitted area.

2. A fine of VND 5,000,000 to VND 10,000,000 for the act of putting new plant varieties undergoing testing into trial production without written consent from competent state authorities.

3. Measures to remedy consequences:

a) Compel to comply with the regulations on testing and trial production of new plant varieties.

b) Compel to compensate for losses suffered by users if the cause of damage is due to the new variety.

Article 13. Violations of regulations on selection, recognition, management of mother trees, seed trees, forest tree nurseries, and seedling forests

1. A fine of VND 200,000 to VND 500,000 for violations of the rules on selection, recognition, and management of mother trees, seed trees, forest tree nurseries, and seedling forests.

2. A fine of VND 500,000 to VND 1,000,000 for violations of the recognition of mother trees, seed trees, forest tree nurseries, and seedling forests without undergoing selection.

3. A fine of VND 1,000,000 to VND 3,000,000 for violations of the regulations on management, use, and exploitation of mother trees, seed trees, forest tree nurseries, and seedling forests.

4. Measures to remedy consequences:

a) Revoke the decision recognizing mother trees, seed trees, forest tree nurseries, and seedling forests that do not comply with regulations for violations under Clause 1 and Clause 2 of this Article.

b) Compel compliance with the selection rules for mother trees, seed trees, forest tree nurseries, and seedling forests.

c) Compel compliance with the regulations on management and exploitation of seed trees, mother trees, forest tree nurseries, and seedling forests as prescribed for violations under Clause 3 of this Article.

Article 14. Violations of regulations on the rights of owners of plant variety protection certificates

1. A fine of VND 5,000,000 to VND 10,000,000 for any of the following acts without the consent of the owner of the plant variety protection certificate:

a) Producing or propagating;

b) Processing seeds;

c) Offering for sale;

d) Selling or other forms of exchange;

đ) Exporting;

e) Importing;

g) Storing with the aim of carrying out the activities specified in points a, b, c, d, and đ of this Clause.

2. Additional forms of punishment:

Confiscate the infringing objects and means for violations stipulated in Clause 1 of this Article.

Article 15. Violations of regulations on the exercise of rights and obligations of owners of plant variety protection certificates

1. A fine of VND 2,000,000 to VND 5,000,000 for any of the following acts:

a) Intentionally obstructing the transfer of protected new plant varieties for national interest or community benefit;

b) Exercising the rights of the owner of the plant variety protection certificate during the suspension or revocation of the validity of the plant variety protection certificate;

c) Failing to provide protected propagation material upon request of competent state agencies.

2. Measures to remedy consequences:

Compel provision of protected propagation material for violations stipulated in point c of Clause 1 of this Article.

Article 16. Violations of regulations on conditions for producing major crop seeds for commercial purposes

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

a) The production site is unsuitable for the production requirements of each crop species and each seed grade, or does not meet environmental standards as prescribed by laws on environmental protection, laws on plant quarantine and protection, and laws on fisheries;

b) Lack of appropriate infrastructure and technical equipment for the production technology of each crop species and each seed grade;

c) Lack of trained personnel in crop cultivation, aquaculture, and plant protection.

2. A fine of VND 5,000,000 to VND 10,000,000 for producing crop seeds not included in the list of permitted production and trade seeds or seeds not officially recognized by the Ministry of Agriculture and Rural Development.

3. Additional penalties and measures to remedy consequences:

a) Confiscate the seeds from the seed production facility violating Clause 2 of this Article.

b) Compel rectification of the violations stipulated in Clause 1 of this Article.

Article 17. Violation of provisions on conditions for trading in major crop seeds for entities required to register for business

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

a) Not having a business location and technical facilities suitable for each type of crop and each seed grade as prescribed;

b) Not having or not hiring technical staff with sufficient capacity to identify the types of seeds traded and to master seed preservation techniques;

c) Violating environmental hygiene regulations.

2. The penalty for conducting business without a business registration certificate, including the sale of crop seeds, shall be applied according to the provisions of the Decree on Administrative Sanctions in the Field of Commerce.

3. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for trading in major crop seeds that are not listed in the Catalogue of Seeds Permitted for Production and Trade or have not been officially recognized by the Ministry of Agriculture and Rural Development.

4. Additional penalties and measures to remedy consequences:

a) Confiscate the seeds from the production and trading entity for violations stipulated in Clause 3 of this Article.

b) Compel rectification of the violations stipulated in Clause 1 of this Article.

Article 18. Violation of provisions on producing crop seeds not in accordance with standards and procedures for seed propagation and rejuvenation issued by the Ministry of Agriculture and Rural Development

1. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for producing major crop seeds not in accordance with the prescribed standards and procedures for seed production at each level, propagation procedures, or rejuvenation procedures.

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

a) Propagating industrial crops, fruit trees, and forestry trees through vegetative methods not from mother plants or from mother plant gardens that have been evaluated and recognized;

b) Producing forestry tree seeds not using seeds from mother trees, from seed gardens, or from seed forests that have been evaluated and recognized.

3. Additional penalties and measures to remedy consequences:

a) Prohibit the use of the batch of seeds violating Clause 1 of this Article as seeds;

b) Confiscate or destroy the batch of seeds violating Clause 2 of this Article;

c) Compel compliance with the seed propagation or rejuvenation procedures issued by the Ministry of Agriculture and Rural Development.

Article 19. Violation of provisions on exporting and importing crop seeds for trade purposes

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for importing crop seeds outside the Catalogue of Seeds Permitted for Production and Trade without complying with the content of the written agreement of the Ministry of Agriculture and Rural Development and the Ministry of Fisheries.

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for importing crop seeds outside the Catalogue of Seeds Permitted for Production and Trade without a written agreement from the Ministry of Agriculture and Rural Development and the Ministry of Fisheries.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed for exporting crop seeds listed in the Catalogue of Seeds Prohibited from Exportation without complying with the content of the written agreement of the Ministry of Agriculture and Rural Development and the Ministry of Fisheries.

4. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed for exporting crop seeds listed in the Catalogue of Seeds Prohibited from Exportation without a written agreement from the Ministry of Agriculture and Rural Development and the Ministry of Fisheries.

5. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Importing germplasm or crop seeds harmful to production, human health, the environment, and ecosystems;

b) Illegally exporting rare crop germplasm.

6. Additional forms of punishment:

a) Confiscate crop seeds for violations stipulated in Clause 3, Clause 4, and point b of Clause 5 of this Article;

b) Compel re-export for violations stipulated in Clause 1 and Clause 2 of this Article;

c) Compel destruction for violations stipulated in point a of Clause 5 of this Article.

Article 20. Violation of provisions on product labels and trademarks for crop seeds in trade

1. A warning or a fine of VND 200,000 to VND 500,000 shall be imposed for selling crop seeds with labels that are unclear and unreadable according to the prescribed indicators.

2. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for selling crop seeds without labels or without accompanying documentation.

3. A warning or a fine of VND 3,000,000 to VND 5,000,000 shall be imposed for selling crop seeds where the label incorrectly states the name, grade, and actual origin of the seeds.

4. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for selling crop seeds with trademarks identical or similar to those of other registered protected seed trademarks.

5. Other violations concerning trademarks shall be penalized according to the Government's Decrees on Administrative Sanctions in the Field of Commerce.

6. Supplementary forms of administrative penalty and measures to remedy consequences:

a) Confiscate packaging with labels and labels violating the provisions of Clause 2 and Clause 3 of this Article;

b) Compel relabeling according to the provisions for violations stipulated in Clause 1 of this Article.

Article 21. Violation of provisions on information and advertising of crop seeds

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for providing false information or advertising crop seeds not listed in the Catalogue of Seeds Permitted for Production and Trade or not officially recognized.

2. A fine of VND 2,000,000 to VND 5,000,000 shall be imposed for violations stipulated in Clause 1 of this Article for major crop seeds.

Article 22. Violation of provisions on announcing quality standards in the production and trade of crop seeds

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for failing to announce quality standards for crop seeds listed in the Catalogue of Seeds Required to Apply Vietnamese Standards or the Catalogue of Seeds Required to Apply Industry Standards.

2. Measures to remedy consequences:

Compel the announcement of quality standards for crop seeds in accordance with the prescribed regulations.

Article 23. Violations of provisions on the announcement of quality standards for plant varieties

1. A fine of from VND 1,000,000 to VND 3,000,000 shall be imposed on the act of announcing the quality standards for plant varieties that are not included in the List of Plant Varieties Required to Be Certified as Meeting Quality Standards, but without self-assessment results of organizations or individuals or assessment results of recognized testing and inspection institutions.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of announcing the quality standards for plant varieties listed in the List of Plant Varieties Required to Be Certified as Meeting Quality Standards, but without a valid quality certification issued by recognized testing and inspection institutions of the Ministry of Agriculture and Rural Development and the Ministry of Fisheries.

3. Other violations concerning the quality of plant varieties shall be punished according to the Government's Decree on Administrative Sanctions for Violations in the Field of Measurement and Product Quality.

4. Measures to remedy consequences:

Compel the announcement of quality standards for plant varieties in accordance with the regulations.

Article 24. Violations of provisions on testing and inspecting the quality of plant varieties

1. A fine of from VND 2,000,000 to VND 5,000,000 shall be imposed on testing and inspection institutions that lack the required conditions but still provide testing, inspection, and certification services for plant varieties.

2. A fine of from VND 3,000,000 to VND 7,000,000 shall be imposed on testing and inspection institutions that have not been recognized by competent state authorities but have already provided testing, inspection, and certification services for plant varieties.

3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed on the act of testing and inspecting the quality of plant varieties not in accordance with the prescribed methods and norms set forth by the Ministry of Agriculture and Rural Development and the Ministry of Fisheries.

4. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed on the act of announcing false testing and inspection results.

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

a) Invalidate the quality certification of plant varieties due to violations under Clause 1, Clause 2, and Clause 4 of this Article;

b) Compel compliance with the correct procedures for violations under Clause 3 of this Article;

c) Compel compensation for material damage caused to users of plant varieties due to the quality of the plant varieties for violations under Clause 4 of this Article if the damage is caused by the quality of the plant varieties.

Article 25. Violations of administrative management provisions for plant varieties

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 plant varieties;

b) Professional qualification certificates;

c) Permission and recognition documents issued by specialized management agencies such as export and import documents for plant varieties; documents confirming standards; lists of plant varieties; 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 VND 5,000,000 to VND 10,000,000 shall be imposed on the act of falsifying application files to obtain the certificates specified in Point a of Clause 1 of this Article.

4. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on the act of forging the certificates specified in Point a and Point b of Clause 1 of this Article.

5. Additional forms of punishment:

Confiscate and revoke the use of the certificates specified in Clause 1 and Clause 2 of this Article.

Chapter III

ADMINISTRATIVE SANCTION AUTHORITY IN THE FIELD OF PLANT VARIETIES

Article 26. 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 objects and means used for administrative violations up to a value of VND 2,000,000;

c) Apply measures to remedy consequences as stipulated at Point a and Point b of Clause 3 of Article 7 of this Decree.

2. The Chief Inspector of the Department of Agriculture and Rural Development has the right to:

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

b) Revoke the use of professional qualification certificates within his/her jurisdiction;

c) Confiscate the objects and means used to commit administrative violations;

d) Apply measures to remedy consequences as stipulated at Point a and Point b of Clause 3 of Article 7 of this Decree.

3. The Chief Inspector of the Ministry of Agriculture and Rural Development has the right to:

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

b) Revoke the use of professional qualification certificates within his/her jurisdiction;

c) Confiscate the objects and means used to commit administrative violations;

d) Apply measures to remedy consequences as stipulated at Points a, b, and d of Clause 3 of Article 12 of the Administrative Violation Handling Ordinance 2002 and at Points a and b of Clause 3 of Article 7 of this Decree.

Article 27. Administrative sanction authority of Chairpersons of People's Committees at all levels

Chairperson of People's Committees at all levels have the authority to impose administrative sanctions for violations in the field of plant varieties as stipulated in Articles 28, 29, and 30 of the Administrative Violation Handling Ordinance 2002. Administrative Violation Handling Ordinance 2002.

Article 28. Competence to impose administrative penalties of other agencies

In addition to those persons specified in Articles 26 and 27 of this Decree, persons authorized to impose administrative penalties under the Administrative Violation Handling Ordinance 2002, upon discovering administrative violations related to plant variety management within their respective fields or sectors, shall have the authority to impose penalties according to the competence already defined.

Article 29. Principles for determining the competence to impose administrative penalties in the field of plant varieties

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

2. The competence to impose penalties of the persons specified in Articles 27 and 28 of this Decree applies to each individual administrative violation.

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

In cases where, in addition to fines, measures to rectify consequences such as expulsion from Vietnam's territory or re-exportation are imposed, the administrative violation case file must be transferred to the Chairman of the People's Committee at provincial level, the Director of the General Department of Customs, or the Director of the Anti-Smuggling Investigation Department under the General Department of Customs for handling in accordance with Clause 5, Article 30, Point d, Clause 3, Article 34 of the Administrative Violation Handling Ordinance. of 3. In cases where a person commits multiple administrative violations, the competence to impose penalties shall be determined according to the following principles:

c) If the violations fall under the penalty-imposing authority of several individuals from different sectors, the authority to impose penalties belongs to the Chairman of the People's Committee at the level having the authority to impose penalties where the violation occurred.

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 and level of penalty prescribed for one of the violations exceed the authority of the penalizing authority, then that person must transfer the violation to the competent authority with jurisdiction to impose penalties;

authority to impose administrative penalties of In cases where the persons authorized to impose administrative penalties as stipulated in Articles 26 and 27 of this Decree are absent, the deputy authorized to impose administrative penalties shall have the authority and shall be responsible for their decisions.

Article 30. of PROCEDURES FOR IMPOSING ADMINISTRATIVE PENALTIES IN THE FIELD OF PLANT VARIETIES

Procedures for imposing administrative penalties

Chapter IV

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

Article 31. 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.

3. Except in cases of warning or fines up to 100,000 dong, which can be decided on the spot (according to simplified procedures), all other administrative violations subject to penalties must be documented in a file and retained fully by the competent authority imposing penalties for the duration prescribed by current regulations.

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

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

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

Enforcement of administrative penalty decisions and enforcement of administrative penalty decisions by compulsion

1. Organizations and individuals subject to administrative penalties under this Decree must strictly comply with the administrative penalty decision issued by the competent authority within the time limit stipulated in Article 64 of the Administrative Violation Handling Ordinance.

Article 32. 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 violation penalties under this Decree must strictly comply with the penalty decision issued by the competent authority within the time limit specified in Article 64 of the Administrative Violation Handling Ordinance.

2. Organizations and individuals subject to administrative violation penalties who do not voluntarily comply with the penalty decision shall be compelled to execute it through the measures prescribed in Article 66 of the Administrative Violation Handling Ordinance. When applying such compulsion measures, the agencies and persons with authority must follow the procedures and formalities for compulsion set forth in Article 67 of the Administrative Violation Handling Ordinance.

Article 33. Application of measures to prevent administrative violations

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

2. The authority, procedures, and formalities for applying preventive measures against administrative violations and ensuring the handling of administrative violations in the field of plant varieties shall be carried out 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 34. Petitioning and Reporting

1. Organizations and individuals subject to administrative penalties or their legitimate representatives have the right to appeal against decisions on administrative penalties, decisions on applying preventive measures, and ensuring the handling of administrative violations.

2. Individuals have the right to report to state agencies with jurisdiction about unlawful acts of those with authority when handling administrative violations in the field of plant varieties.

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 35. Awards

1. Organizations and individuals who achieve outstanding results in combating administrative violations in the field of plant varieties shall be rewarded in accordance with the laws on commendation and rewards.

2. It is strictly prohibited to use funds obtained from administrative penalties or from selling confiscated items or means to award bonuses.

Article 36. Handling of violations against persons authorized to impose administrative penalties

1. Persons authorized to impose administrative penalties in the field of plant varieties who engage in harassment, tolerance, cover-up, non-enforcement, or enforcement beyond the prescribed authority, embezzlement, or improper use of money, causing obstruction to the lawful circulation of goods and causing damage to organizations and individuals, shall be subject to disciplinary action or criminal responsibility depending on the nature and severity of the violation; if damage is caused, compensation must be provided according to the law.

2. If persons authorized to impose penalties allow the statute of limitations for administrative violations as stipulated in Clause 1 of this Article to expire, they shall be handled in accordance with the provisions of Article 121 of the Administrative Violation Handling Ordinance and Clause 2 of Article 10 of Decree No. 134/2003/NĐ-CP issued on November 14, 2003 by the Government detailing certain provisions of the Administrative Violation Handling Ordinance in 2002. dated November 14, 2003.

Article 37. Handling of violations by persons subject to administrative penalties

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

Chapter IV

IMPLEMENTING PROVISIONS

Article 38. Effectiveness

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

Article 39. Responsibility for guidance and implementation

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

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairmen of of provincial people's councils directly under the central government are responsible for organizing the implementation of this Decree./.