Decree No. 64/2018/ND-CP on administrative penalties for violations in the fields of livestock breeding, animal feed, and aquaculture.

DECREE

Article 24etermine administrative penalties for violationsin the fields of livestock breeds, animal feed, and aquacultureealth

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Pursuant to the Law on Competition and Rewards dated December 26,organized by the Government on June 19, 2015;

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

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

n of the Minister of Agriculture and Rural Development,At the proposal of the Director of the Plant Protection Department, the General Director of the Fisheries General Department, and the Director of the Livestock Production Department;

h the Government issues this Decree to regulate administrative penalties for violations in the fields of livestock breeds, animal feed, and aquaculture ||.

 

PART I

GENERAL PROVISIONS

 

e of applicationAdjustment

1. This Decree stipulates acts of violation, forms of penalty, levels of penalty, measures to remedy consequences for acts of administrative violation, authority to impose penalties, and authority to issue administrative violation records in the field of livestock breeds (including aquatic livestock breeds), animal feed, and aquaculture.

2. Acts of administrative violation in the fields of livestock breeds, animal feed, and aquaculture specified in this Decree include:

a) Violations according to Decree No. 39/2017/ND-CP on management of animal feed and aquaculture products, including violations related to production, processing, sale, importation, testing, production, processing, sale, and importation of expired animal feed and aquaculture products; use of antibiotics and prohibited substances in production, sale, and importation of animal feed and aquaculture products; use of prohibited substances in animal husbandry and aquaculture.

b) Violations concerning management and conservation of livestock genetic resources; exploitation and conservation of rare livestock genetic resources; testing and certification of new livestock breeds; production, business, export, and import of livestock breeds; quality management of livestock breeds.

3. Other acts of administrative violation in the fields of livestock breeds, animal feed, and aquaculture not specified in this Decree shall be subject to regulations in other government decrees on administrative penalties in relevant state management areas.

Subjects in accordance with

1. This Decree applies to organizations and individuals committing administrative violations in the fields of livestock breeds, animal feed, and aquaculture within the territory of Vietnam.

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

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

b) Economic organizations established under the Law on Cooperatives, including: cooperatives and cooperative unions;

c) Economic organizations established under 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.

3. Individuals referred to in Clause 1 of this Article are those not covered by Clause 2 of this Article.

Time Limit for Administrative Penalties

1. The time limit for administrative penalties in the fields of livestock breeds, animal feed, and aquaculture is one year, except for violations related to production, sale, importation, and exportation of livestock breeds, animal feed, and aquaculture products, which have a two-year time limit for administrative penalties.

2. The time point for calculating the time limit for administrative penalties 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 Administrative Sanctions and Measures to Mitigate Consequences

1. For each administrative violation in the fields of livestock breeds, animal feed, and aquaculture, organizations and individuals shall be subject to the main form of administrative sanction being a warning or a fine.

2. Depending on the nature and degree of the violation, organizations and individuals committing such violations may also be subject to one or more supplementary forms of administrative sanctions as follows:

a) Suspension of activities for a specified period;

b) Confiscation of contraband items and means of administrative violation.

3. The measures to mitigate consequences prescribed in this Decree shall be applied as follows:

a) Compel the recovery of livestock breeds; animal feed products, aquaculture products;

b) Compel the recycling of animal feed products, aquaculture products;

c) Compel the change of purpose of use for animal feed products, aquaculture products, livestock breeds;

d) Compel the re-export of animal feed products, aquaculture products, livestock breeds;

đ) Compel the destruction of prohibited substances; animal feed products, aquaculture products; livestock, aquaculture animals; livestock breeds;

e) Compel the cancellation of test results for animal feed, aquaculture products;

g) Compel the correction of information on batches of animal feed, aquaculture products on product labels or accompanying technical documents;

h) Compel livestock farms, aquaculture facilities to continue raising livestock, aquaculture animals that have been used with prohibited substances until they pass inspection for the absence of residual prohibited substances before being allowed to sell or slaughter or harvest;

i) Compel the implementation of measures to address environmental pollution;

k) Compel the relocation of aquaculture breeding production facilities;

l) Compel the correction of test results and certification.

Article 5. Provisions on the Amount of Fine and Authority to Impose Fines in the fields of livestock breeds, animal feed, and aquaculture; principles for determining the level of violation regarding the quality of animal feed and aquaculture products

1. The maximum fine for a single administrative violation concerning the field of livestock breeds for an individual violator is 50,000,000 VND, and for an organization violator is 100,000,000 VND. The maximum fine for a single administrative violation concerning the field of animal feed and aquaculture for an individual violator is 100,000,000 VND, and for an organization violator is 200,000,000 VND.

2. The fines stipulated in Chapter II of this Decree apply to administrative violations committed by individuals. In cases where an organization commits the same violation, the fine amount is twice the fine amount imposed on an individual.

3. The authority to impose fines on individuals as provided in Chapter III of this Decree applies to a single administrative violation committed by an individual. In cases involving fines, the authority to impose fines on organizations is twice the authority to impose fines on individuals.

4. The level of violation regarding the quality of animal feed and aquaculture products as prescribed in this Decree is determined based on the analysis results, taking into account permissible variations in quality control checks according to regulations of the Ministry of Agriculture and Rural Development.

 

Chapter II

ADMINISTRATIVE VIOLATIONS, FORMS OF SANCTIONS AND AMOUNTS, AND MEASURES TO MITIGATE CONSEQUENCES IN THE FIELD

OF LIVESTOCK BREEDS, ANIMAL FEED, AND AQUACULTURE

ANIMAL FEED, AQUACULTURE

 

Section 1

ANIMAL FEED, AQUACULTURE

 

Article 6. Violations Concerning Production and Processing Conditions for Animal Feed and Aquaculture Products

1. Warning shall be imposed for the violation of not constructing walls or fences to separate the production area from the outside.

2. A fine of between 3,000,000 VND and 5,000,000 VND shall be imposed for any of the following violations:

a) Not having a technical supervisor with appropriate qualifications;

b) Not having or renting a laboratory for analyzing the quality of animal feed and aquaculture products during production and processing;

c) Not having measures to prevent mice, birds, and other harmful animals;

d) Not having measuring equipment and tools to monitor quality accurately as required by laws on measurement;

đ) Not having dust extraction and waste treatment equipment suitable to avoid contamination of products and ensure environmental hygiene as required;

e) Not having equipment and tools (fans, sieves, magnets...) to control impurities (sand, metal) affecting the quality of raw materials;

g) Not having a veterinarian with a valid license to treat diseases in animals at animal feed production facilities containing antibiotics for disease prevention and treatment in livestock and poultry.

3. A fine of between 5,000,000 VND and 10,000,000 VND shall be imposed for violations concerning the location of production and processing within areas contaminated by waste, toxic chemicals, livestock farms, and aquaculture facilities.

4. A fine of between 10,000,000 VND and 15,000,000 VND shall be imposed for any of the following violations concerning factory buildings and equipment:

a) Not arranging and organizing in a one-way flow, without separation between incoming raw materials and outgoing products to prevent cross-contamination;

b) Not having storage for various types of animal feed raw materials requiring specific storage conditions as recommended by manufacturers;

c) Facilities producing animal feed containing antibiotics do not have a separate mixing area.

5. Additional forms of punishment:

Suspension of production and processing activities for one to three months shall be imposed for violations as stipulated in Clause 3 of this Article.

Article 7. Violations concerning quality in the production and processing of animal feed and aquatic products

1. A warning shall be imposed for the act of violating the production and processing of animal feed and aquatic products with each quality index's quantitative content lower than the minimum level or higher than the maximum level by less than 5% compared to the published standard or marked on the product label, or each safety index exceeding the prescribed limit by less than 5% in the corresponding technical regulation or in the published standard.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of violating the failure to retain samples or test results according to the quality control procedure.

3. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of violating the absence of a quality control production process; failing to record and retain production process logs as prescribed.

4. A fine shall be imposed for the act of violating the production and processing of each animal feed and aquatic product not permitted for circulation in Vietnam as follows:

a) A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for the act of violating the production and processing of each animal feed and aquatic product not permitted for circulation in Vietnam as prescribed where the total value of the batch of non-compliant products is under VND 200,000,000 or illegal profit is under VND 100,000,000;

b) A fine of from VND 20,000,000 to VND 40,000,000 shall be imposed for the act of violating the production and processing of each animal feed and aquatic product not permitted for circulation in Vietnam as prescribed where the total value of the batch of non-compliant products is VND 200,000,000 or more or illegal profit is VND 100,000,000 or more when the investigative authority decides not to initiate criminal proceedings, revokes the decision to initiate criminal proceedings, suspends investigation, or terminates the case if the act has administrative violation signs.

5. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of violating the production and processing of animal feed and aquatic products with each quality index's quantitative content other than the main component lower than the minimum level or higher than the maximum level by 5% to less than 15% compared to the published standard or marked on the product label.

6. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of violating the production and processing of animal feed and aquatic products with each quality index's quantitative content other than the main component lower than the minimum level or higher than the maximum level by 15% to less than 30% compared to the published standard or marked on the product label.

7. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for the act of violating the production and processing of animal feed and aquatic products with each quality index's quantitative content other than the main component lower than the minimum level or higher than the maximum level by 30% or more compared to the published standard or marked on the product label.

8. A fine of from VND 20,000,000 to VND 25,000,000 shall be imposed for one of the following acts of violating the production and processing of each animal feed and aquatic product as follows:

a) Having each harmful microorganism index exceed the maximum threshold prescribed in the national technical regulation or in the published standard;

b) Having each quantitative content of substances causing safety loss higher than the maximum level by 5% or more compared to the prescribed limit in the national technical regulation or in the published standard.

9. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of violating the production and processing of animal feed and aquatic products with each main component's quantitative content lower than the minimum level or higher than the maximum level by 5% to less than 10% compared to the published standard or marked on the product label.

10. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for the act of violating the production and processing of animal feed and aquatic products with each main component's quantitative content lower than the minimum level or higher than the maximum level by 10% to less than 20% compared to the published standard or marked on the product label.

11. A fine of from VND 20,000,000 to VND 25,000,000 shall be imposed for the act of violating the production and processing of animal feed and aquatic products with each main component's quantitative content lower than the minimum level or higher than the maximum level by 20% to less than 30% compared to the published standard or marked on the product label.

12. A fine of from VND 25,000,000 to VND 30,000,000 shall be imposed for one of the acts of violating the production and processing of animal feed and aquatic products with each main component's quantitative content lower than the minimum level or higher than the maximum level by 30% or more compared to the published standard or marked on the product label.

13. A fine of from VND 30,000,000 to VND 35,000,000 shall be imposed on the entity that continues to produce and process animal feed and aquatic products during the period when the competent state agency suspends such production and processing.

14. Remedial measures:

a) For the acts of violating the provisions of Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, Clause 10, Clause 11, and Clause 12 of this Article: The violator shall be ordered to recycle the batch of products. In cases where the batch of products cannot be recycled, the violator shall be ordered to change the purpose of use. If the batch of products cannot be changed in purpose of use, the violator shall be ordered to destroy them;

b) For the acts of violating the provisions of Clause 4 and Clause 13 of this Article: The violator shall be ordered to change the purpose of use if the batch of products meets the requirements for changing the purpose of use. If the batch of products cannot be changed in purpose of use, the violator shall be ordered to destroy them.

Article 8. Violations concerning conditions for facilities in purchasing, selling, importing animal feed and aquatic productsi, aquatic products

1. A fine of VND 2,000,000 to VND 3,000,000 shall be imposed on any of the following violations regarding the conditions for facilities in purchasing and selling animal feed and aquatic products:

a) Not having equipment or tools to store animal feed and aquatic products according to the manufacturer's or supplier's instructions;

b) Not having measures to prevent rats, birds, and other harmful animals.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on the violation of storing animal feed and aquatic products together with plant protection chemicals, fertilizers, or other hazardous chemicals at facilities for purchasing and selling animal feed and aquatic products.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the violation of not having or renting warehouses to store animal feed and aquatic products that meet the requirements for storage conditions to ensure product quality, environmental protection, and the recommendations of the manufacturer at facilities for importing animal feed and aquatic products.

Article 9. Violations concerning quality in purchasing and selling animal feed and aquatic products

1. A warning shall be issued for the violation of purchasing and selling animal feed and aquatic products with each quality index's quantitative content lower than the minimum level or higher than the maximum level by less than 5% compared to the published standard or marked on the product label, or each safety index exceeding the corresponding standard or published standard by less than 5%.

2. A fine shall be imposed on the violation of purchasing and selling each product of animal feed and aquatic products not permitted to circulate in Vietnam as follows:

a) A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on the violation of purchasing and selling each product of animal feed and aquatic products not permitted to circulate in Vietnam where the total value of the batch of non-compliant products is under VND 200,000,000 or illegal profit is under VND 100,000,000;

b) A fine of VND 15,000,000 to VND 30,000,000 shall be imposed on the violation of purchasing and selling each product of animal feed and aquatic products not permitted to circulate in Vietnam as stipulated where the total value of the batch of non-compliant products is VND 200,000,000 or more or illegal profit is VND 100,000,000 or more when the investigating authority decides not to initiate criminal proceedings, cancels the decision to initiate criminal proceedings, suspends the investigation, or terminates the case if the act has signs of administrative violation.

3. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on the violation of purchasing and selling animal feed and aquatic products with each non-primary quality index's quantitative content lower than the minimum level or higher than the maximum level by 5% to less than 15% compared to the published standard or marked on the product label.

4. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed on the violation of purchasing and selling animal feed and aquatic products with each non-primary quality index's quantitative content lower than the minimum level or higher than the maximum level by 15% to less than 30% compared to the published standard or marked on the product label.

5. A fine of VND 7,000,000 to VND 10,000,000 shall be imposed on the violation of purchasing and selling animal feed and aquatic products with each non-primary quality index's quantitative content lower than the minimum level or higher than the maximum level by 30% or more compared to the published standard or marked on the product label.

6. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on any of the following violations of purchasing and selling each product of animal feed and aquatic products:

a) Having each harmful microorganism index exceeding the permissible limit specified in the national technical regulation or published standard;

b) Having each quantitative content of substances causing safety loss higher than the maximum level by 5% or more compared to the prescribed limit in the national technical regulation or in the published standard.

7. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on the violation of purchasing and selling animal feed and aquatic products with each primary quality index's quantitative content lower than the minimum level or higher than the maximum level by 5% to less than 10% compared to the published standard or marked on the product label.

8. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on the violation of purchasing and selling animal feed and aquatic products with each primary quality index's quantitative content lower than the minimum level or higher than the maximum level by 10% to less than 20% compared to the published standard or marked on the product label.

9. A fine of VND 15,000,000 to VND 20,000,000 shall be imposed on the violation of purchasing and selling animal feed and aquatic products with each primary quality index's quantitative content lower than the minimum level or higher than the maximum level by 20% to less than 30% compared to the published standard or marked on the product label.

10. A fine of VND 20,000,000 to VND 25,000,000 shall be imposed on the violation of purchasing and selling animal feed and aquatic products with each primary quality index's quantitative content lower than the minimum level or higher than the maximum level by 30% or more compared to the published standard or marked on the product label.

11. Remedial measures:

a) For violations stipulated in Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, Clause 9, and Clause 10 of this Article: The violator must recall and recycle the batch of non-compliant products. If the batch of products cannot be recycled, the violator must change their intended use. If the batch of products cannot be recycled or changed in intended use, the violator must destroy them;

b) For violations stipulated in Clause 2 of this Article: The violator must recall the batch of non-compliant products and change their intended use. If the batch of products cannot be changed in intended use, the violator must destroy them.

Article 10. Violations concerning quality in the importation of animal feed and aquatic products

1. A warning shall be imposed for the act of importing animal feed and aquatic products with each quality index's quantitative content lower than the minimum level or higher than the maximum level by less than 5% compared to the published standard or marked on the product label, or each safety index exceeding the limit by less than 5% compared to the corresponding technical regulation or published standard.

2. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for the act of importing each product of animal feed and aquatic products with each quality index's quantitative content other than the main substance lower than the minimum level or higher than the maximum level by 5% to less than 30% compared to the published standard or marked on the product label.

3. A fine of from VND 20,000,000 to VND 25,000,000 shall be imposed for the act of importing each product of animal feed and aquatic products with each quality index's quantitative content other than the main substance lower than the minimum level or higher than the maximum level by 30% or more compared to the published standard or marked on the product label.

4. A fine of from VND 20,000,000 to VND 25,000,000 shall be imposed for the act of importing each product of animal feed and aquatic products with each main substance's quantitative content lower than the minimum level or higher than the maximum level by 5% to less than 30% compared to the published standard or marked on the product label.

5. A fine of from VND 25,000,000 to VND 30,000,000 shall be imposed for the act of importing each product of animal feed and aquatic products with each main substance's quantitative content lower than the minimum level or higher than the maximum level by 30% or more compared to the published standard or marked on the product label.

6. A fine of from VND 25,000,000 to VND 30,000,000 shall be imposed for any of the following acts of importing each product of animal feed and aquatic products:

a) Having each microbiological index exceeding the permissible limit specified in the national technical regulation or in the published standard;

b) Having each safety index's quantitative content higher than the maximum level by 5% to less than 30% compared to the provisions in the national technical regulation or in the published standard.

7. A fine of from VND 30,000,000 to VND 35,000,000 shall be imposed for the act of importing each product of animal feed and aquatic products with each safety index's quantitative content higher than the maximum level by 30% or more compared to the provisions in the national technical regulation or in the published standard.

8. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for any of the following acts of importing:

a) The act of importing each product of animal feed and aquatic products not permitted for circulation in Vietnam (except for cases of importing for exhibition at trade fairs, exhibitions, or research, sample analysis, or importing for production, processing for export purposes);

b) The act of importing each product of animal feed and aquatic products past their expiration date.

9. Remedial measures:

a) Compel modification of quality information on the product label or accompanying technical documentation for the violation stipulated in Clause 2, Clause 4 of this Article;

b) Compel the entire batch of products to be recycled in compliance with the relevant technical regulation or ensure the quality meets the published standard for the violation stipulated in Clause 3, Clause 5, Clause 6 of this Article. In case the products cannot be recycled, compel a change of intended use. If the products cannot be recycled or changed in intended use, compel re-exportation or destruction;

c) Compel a change of intended use for the batch of violating products for the violation stipulated in Clause 7 of this Article. If it is impossible to change the intended use, compel re-exportation or destruction;

d) Compel re-exportation or destruction of the entire batch of violating goods for the violation stipulated in Clause 8 of this Article.

Article 11. Violations concerning the production, processing, purchase, and sale of expired livestock feed and aquatic products

1. A warning or a fine of from VND 200,000 to VND 400,000 shall be imposed for the violation of purchasing and selling each livestock feed or aquatic product that has exceeded its shelf life as indicated on the label or packaging with a value under VND 1,000,000.

2. A fine of from VND 400,000 to VND 600,000 shall be imposed for the violation of purchasing and selling each livestock feed or aquatic product that has exceeded its shelf life as indicated on the label or packaging with a value from VND 1,000,000 to under VND 2,000,000.

3. A fine of from VND 600,000 to VND 1,000,000 shall be imposed for the violation of purchasing and selling each livestock feed or aquatic product that has exceeded its shelf life as indicated on the label or packaging with a value from VND 2,000,000 to under VND 3,000,000.

4. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for the violation of purchasing and selling each livestock feed or aquatic product that has exceeded its shelf life as indicated on the label or packaging with a value from VND 3,000,000 to under VND 5,000,000.

5. A fine of from VND 2,000,000 to VND 3,000,000 shall be imposed for the violation of purchasing and selling each livestock feed or aquatic product that has exceeded its shelf life as indicated on the label or packaging with a value from VND 5,000,000 to under VND 10,000,000.

6. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for the violation of purchasing and selling each livestock feed or aquatic product that has exceeded its shelf life as indicated on the label or packaging with a value from VND 10,000,000 to under VND 20,000,000.

7. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed for the violation of purchasing and selling each livestock feed or aquatic product that has exceeded its shelf life as indicated on the label or packaging with a value from VND 20,000,000 to under VND 30,000,000.

8. A fine of from VND 7,000,000 to VND 10,000,000 shall be imposed for the violation of purchasing and selling each livestock feed or aquatic product that has exceeded its shelf life as indicated on the label or packaging with a value from VND 30,000,000 to under VND 40,000,000.

9. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for the violation of purchasing and selling each livestock feed or aquatic product that has exceeded its shelf life as indicated on the label or packaging with a value from VND 40,000,000 to under VND 50,000,000.

10. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for the violation of purchasing and selling each livestock feed or aquatic product that has exceeded its shelf life as indicated on the label or packaging with a value from VND 50,000,000 to under VND 70,000,000.

11. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for the violation of purchasing and selling each livestock feed or aquatic product that has exceeded its shelf life as indicated on the label or packaging with a value from VND 70,000,000 to under VND 100,000,000.

12. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for the violation of purchasing and selling each livestock feed or aquatic product that has exceeded its shelf life as indicated on the label or packaging with a value of VND 100,000,000 or more.

13. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for the violation of not indicating or incorrectly indicating the production date on the label or packaging of each livestock feed or aquatic product during production, processing, purchase, and sale.

14. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for the violation of using each type of expired feed ingredient or each expired livestock feed product in production or processing.

15. Remedial measures:

a) For violations stipulated in Clauses 4, 5, 6, 7, 8, 9, 10, 11, and 12 of this Article: The violator shall be ordered to recall and change the purpose of use of the batch of violating products. In case the batch of products cannot be changed in purpose of use, they shall be ordered to be destroyed;

b) For violations stipulated in Clause 14 of this Article: The violator shall be ordered to change the purpose of use if the product meets the requirements for the new purpose. In case the product cannot be changed in purpose of use, all expired ingredients and the batch of products produced from such ingredients shall be ordered to be completely destroyed.

Article 12. Violations concerning animal feed testing and aquatic feed testing

1. A fine shall be imposed for any of the following violations concerning animal feed testing and aquatic feed testing at the levels specified below:

a) A fine of VND 5,000,000 to VND 10,000,000 for a testing facility that does not have a technical supervisor with appropriate professional qualifications or does not retain complete testing records as required.

b) A fine of VND 10,000,000 to VND 15,000,000 for a testing facility for animal feed or aquatic feed that does not have or does not lease premises, facilities, and equipment suitable for testing each type of feed on each target animal; an animal feed testing facility that does not have suitable housing for testing; an aquatic feed testing facility that does not have suitable ponds, cages, or tanks for testing; an aquatic feed testing facility that does not have sufficient water meeting quality requirements, a separate water supply system, or a wastewater pond that ensures environmental index testing and aquatic disease indices.

2. A fine of VND 15,000,000 to VND 20,000,000 for a testing facility that does not comply with the approved procedures, contents, or outlines by the competent state authority.

3. A fine of VND 20,000,000 to VND 30,000,000 for the act of publishing false testing results of animal feed or aquatic feed.

4. Additional forms of administrative punishment:

Suspension of testing activities for one to three months for violations stipulated in point b, Clause 1 of this Article.

5. Measures to remedy consequences:

Order to invalidate the testing results of animal feed or aquatic feed already conducted for violations stipulated in point b, Clause 1, Clause 2, and Clause 3 of this Article.

 Article 13. Violation of production, processing, purchase, sale, import of animal feed and aquatic feed containing antibioticson1. A warning shall be issued for the act of failing to record the use of animal feed containing antibiotics for disease prevention and treatment as prescribed.periodmber von "7. A flexible power plant is a thermal power plant using reciprocating internal combustion engines (RICE) or aeroderivative gas turbines (Aero-GT) with fast start-up capabilities, designed in modular form to generate electricity for balancing capacity and maintaining power system stability."n l2. A fine of VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following acts:of the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsa) Producing, processing, purchasing, selling, or importing animal feed containing antibiotics without clearly stating the name and concentration of the antibiotic, usage instructions, and cessation period on the packaging or accompanying documentation;t Tb) Producing, processing, purchasing, selling, or importing animal feed containing antibiotic concentrations different from those prescribed or declared on the product label by more than 5%;rime Minister cc) Purchasing and selling each product of aquatic feed containing antibiotics.đổ For coal-fired thermal power plants where the enterprise holds 100% of the registered capital and uses 100% of its own capital to invest in the project approved by the competent authority, E is determined as 100%;|||Decisionứspecialized agency under the People's Committee of the province/city. 3. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts:

a) Producing, processing, purchasing, selling, or importing animal feed containing antibiotics intended for treating livestock and poultry diseases and preventing diseases in young livestock and poultry, which are not veterinary drugs permitted for circulation in Vietnam;

b) Producing, processing, purchasing, selling, or importing animal feed containing antibiotics intended for treating livestock and poultry diseases and preventing diseases in young livestock and poultry without a prescription from a veterinarian holding a certificate to practice veterinary disease prevention and treatment as prescribed by law;

c) Producing, processing, purchasing, selling, or importing each product of animal feed containing antibiotics that is unsuitable for specific animals, purposes, and usage periods, causing antibiotic residues exceeding permissible limits in livestock products and affecting antibiotic resistance in human and animal disease treatments;

d) Producing, processing, purchasing, selling, or importing each product of animal feed containing more than two types of antibiotics in one product;

đ) Producing, processing, or importing aquatic feed containing antibiotics.

4. Remedial measures:

a) Compel reprocessing to ensure compliance with prescribed antibiotic concentrations or declared concentrations for violations stipulated in point b, Clause 2 of this Article;

b) Compel re-exportation or destruction of all animal feed or aquatic feed for violations stipulated in point a, point c, Clause 2; Clause 3 of this Article.

c) Producing, processing, buying, selling, importing each feed product for livestock containing antibiotics that are not suitable for each animal category, usage purpose, and usage time, causing antibiotic residues to exceed permissible limits in livestock products and affecting antibiotic resistance in human and animal disease treatment;

d) Producing, processing, buying, selling, importing each feed product for livestock containing more than two types of antibiotics in one feed product;

đ) Producing, processing, importing aquatic feed containing antibiotics.

4. Remedial measures:

a) Compel reprocessing to ensure antibiotic content in accordance with regulations or as published content for violations stipulated in point b, Clause 2 of this Article;

b) Compel re-exportation or destruction of all feed for livestock and aquatic products for violations stipulated in point a, point c, Clause 2; Clause 3 of this Article.

Article 14. Violations concerning the use of prohibited substances in animal husbandry and aquaculture; production, processing, purchase, sale, and importation of animal feed and aquatic products

1. Imposing fines for the following violations involving prohibited substances:

a) A fine of from 50,000,000 VND to 60,000,000 VND for each violation of using prohibited substances in animal husbandry and aquaculture that has not reached the level of criminal prosecution;

b) A fine of from 60,000,000 VND to 90,000,000 VND for each violation of using prohibited substances in the production, processing, purchase, sale, and importation of animal feed and aquatic products where the total value of the non-compliant feed products is under 100,000,000 VND or the illicit profit is under 50,000,000 VND;

c) A fine of from 70,000,000 VND to 80,000,000 VND for each violation of using prohibited substances in animal husbandry and aquaculture that reaches the level of criminal prosecution but the investigative authority decides not to initiate a criminal case, revokes the decision to initiate a criminal case, terminates the investigation, or terminates the case, if the act shows administrative violation signs;

d) A fine of from 90,000,000 VND to 100,000,000 VND for each violation of using prohibited substances in the production, processing, purchase, sale, and importation of animal feed and aquatic products where the total value of the non-compliant feed products is 100,000,000 VND or more or the illicit profit is 50,000,000 VND or more when the investigative authority decides not to initiate a criminal case, revokes the decision to initiate a criminal case, terminates the investigation, or terminates the case, if the act shows administrative violation signs.

2. Additional forms of punishment:

Suspension of activities related to the production, processing, purchase, sale, and importation of animal feed and aquatic products for a period of from six months to twelve months for violations stipulated in points b and d of Clause 1 of this Article.

3. Measures to remedy consequences:

a) Compelling the destruction of prohibited substances and feed containing prohibited substances for violations stipulated in Clause 1 of this Article;

b) Compelling animal husbandry facilities and aquaculture facilities to continue raising animals and aquatic products that have been fed with prohibited substances until they pass inspection showing no residual prohibited substances before being allowed to be sold or slaughtered or harvested for violations stipulated in points a and c of Clause 1 of this Article; compelling the destruction of animals and aquatic products in cases of repeated use of prohibited substances or inability to continue raising them.

 

Section 2

ANIMAL BREEDS

 

Article 15. Violations concerning the management and conservation of animal genetic resources in protected areas exists

1. A fine of from 10,000,000 VND to 15,000,000 VND for the violation of exploiting or using animal genetic resources in protected areas beyond the limits permitted by competent state authorities.

2. A fine of from 20,000,000 VND to 25,000,000 VND for the violation of exploiting or using animal genetic resources in protected areas without permission from competent state authorities.

3. A fine of from 25,000,000 VND to 30,000,000 VND for the violation of destroying animal genetic resources in protected areas.

4. Additional forms of administrative punishment:

Confiscation of evidence and means of transportation for violations stipulated in Clauses 1, 2, and 3 of this Article.

Article 16. Violations concerning exploitation and conservation of rare and precious animal genetic resourcest s

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on acts of exploiting or using rare and precious animal genetic resources beyond the limits permitted by competent authorities.

2. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed on acts of violating national technical standards concerning the exploitation or use of rare and precious genetic resources.

3. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on acts of destroying rare and precious animal genetic resources.

4. Additional forms of administrative punishment:

Seizure of contraband goods shall apply to violations stipulated in Clause 1, Clause 2, and Clause 3 of this Article.

Article 17. Violations concerning international exchange of rare and precious animal genetic resources

1. A fine of VND 20,000,000 to VND 30,000,000 shall be imposed on acts of exchanging rare and precious animal genetic resources internationally not in accordance with the content permitted by state authorities.

2. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on acts of exchanging rare and precious animal genetic resources internationally without permission from state authorities.

3. Additional forms of punishment:

Seizure of contraband goods shall apply to violations stipulated in Clause 1 and Clause 2 of this Article.

Article 18. Violations concerning testing and certification of new livestock breeds

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on acts of conducting tests and certifications without adequate technical facilities or technical staff.

2. A fine of VND 10,000,000 to VND 15,000,000 shall be imposed on acts of conducting tests and certifications not in accordance with approved procedures, contents, or outlines by state authorities.

3. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on acts of publishing test and certification results that are not truthful.

4. Additional forms of administrative punishment:

Suspension of testing and certification activities for a period of one to three months shall apply to violations stipulated in Clause 3 of this Article.

5. Measures to remedy consequences:

Correction of test and certification results shall be ordered for violations stipulated in Clause 3 of this Article.

Article 19. Violations concerning production and trading of livestock breeds

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed on acts of producing and trading livestock breeds that do not meet one of the conditions regarding material infrastructure or technical equipment as prescribed.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on acts of producing and trading livestock breeds without maintaining and updating complete tracking records.

3. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed on acts of producing and trading purebred, closely related, grandparent, or founder breeds without technical staff holding a bachelor's degree in animal husbandry, veterinary science, or aquaculture.

4. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed on acts of producing and trading livestock breeds that have not been recognized through testing.

5. A fine of VND 40,000,000 to VND 50,000,000 shall be imposed on acts of producing and trading livestock breeds not listed in the Catalogue of Permitted Livestock Breeds for Production and Trading or without permission from state authorities, where the total value of the infringing goods is less than VND 200,000,000 or illicit gains are less than VND 100,000,000.

6. Additional forms of punishment:

Suspension of production and trading activities for a period of one to three months shall apply to violations stipulated in Clause 4 and Clause 5 of this Article.

7. Measures to remedy consequences:

Destruction or slaughter of livestock breeds shall be ordered for violations stipulated in Clause 5 of this Article.

Article 20. Violations concerning production and business of semen, embryos, eggs, and larvae

1. A fine of from three million to five million Vietnamese dong shall be imposed for the violation of producing and trading in semen, embryos, eggs, and larvae (excluding poultry eggs, silkworm eggs, and aquatic animal seeds) without technical staff who have been granted certificates or training certificates on artificial insemination and embryo transfer techniques.

2. A fine of from six million to eight million Vietnamese dong shall be imposed for the violation of producing and trading in semen, embryos, eggs, and larvae that do not meet one of the conditions regarding material infrastructure and technical equipment as prescribed.

3. A fine of from ten million to fifteen million Vietnamese dong shall be imposed for one of the following violations:

a) Producing semen from livestock and poultry breeding stock that have not been individually tested for productivity.

b) Harvesting eggs and larvae not from purebred herds, unrelated herds, nucleus herds, grandparent herds, or parent herds, except when harvesting in nature.

c) Producing and trading in semen, embryos, eggs, and larvae without keeping and updating complete breeding records.

4. Measures to remedy consequences:

The violator must destroy semen, eggs, and larvae for the violations specified in points a and b, Clause 3 of this Article.

Article 21. Violations concerning the importation of animal seeds

1. A fine of from ten million to fifteen million Vietnamese dong shall be imposed for the violation of importing animal seeds that do not match the declared seed grade or type.

2. A fine of from forty million to fifty million Vietnamese dong shall be imposed for the violation of importing animal seeds not listed in the Catalogue of Permitted Animal Seeds and Aquatic Animal Seeds for Production and Trade in Vietnam or without permission from competent state agencies where the total value of the contraband goods is under two hundred million Vietnamese dong or the illicit profit is under one hundred million Vietnamese dong.

3. Measures to remedy consequences

The violator must re-export or slaughter, process, or destroy the imported animal seeds and aquatic animal seeds for the violations specified in Clause 1 and Clause 2 of this Article.

Article 22. Violations concerning the quality of animal seeds in trade

1. A fine of from three million to five million Vietnamese dong shall be imposed for each violation of economic and technical standards lower than the announced standard for a batch with a value under fifty million Vietnamese dong.

2. A fine of from five million to ten million Vietnamese dong shall be imposed for each violation of economic and technical standards lower than the announced standard for a batch with a value of fifty million Vietnamese dong or more.

3. Measures to remedy consequences:

The violator must change the purpose and not use them as seeds for the violations specified in Clause 1 and Clause 2 of this Article.

Article 23. Other violations in the field of production and trade of aquatic animal seeds

1. A fine of from three million to four million Vietnamese dong shall be imposed for each of the following violations:

a) Rearing aquatic animal seeds without technical staff or with technical staff without appropriate training certificates;

b) Transporting seeds that have not reached the commercial size out of the facility without documentation proving they are being transported for rearing aquatic animal seeds.

2. A fine of from five million to six million Vietnamese dong shall be imposed for each of the following violations:

a) Violating the regulations on the number of times of reproduction or the usage period or the permitted time for introducing into reproduction of main parent aquatic animal seeds;

b) Not conducting disease testing before allowing main parent aquatic animal seeds to reproduce.

3. A fine of from ten million to fifteen million Vietnamese dong shall be imposed for each of the following violations:

a) Allowing main parent aquatic animal seeds to reproduce or producing and trading in main parent aquatic animal seeds without technical staff with relevant qualifications or appropriate certificates;

b) Not conducting quality inspection of imported aquatic animal seeds.

4. A fine of from thirty million to forty million Vietnamese dong shall be imposed for each of the following violations:

a) The location of production and trade of aquatic animal seeds is not within the local planning area or has not been approved by competent state agencies;

b) Using main parent aquatic animal seeds that do not meet quality requirements.

5. Measures to remedy consequences:

a) The violator must change the purpose and not use them as seeds or destroy them for the violation specified in point b, Clause 4 of this Article;

b) The violator must move the seed production facility to the designated location for the violation specified in point a, Clause 4 of this Article.

Articleonu 24. Violperiodmber von giof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairsation, docứument permittt Ted, permin lssion for animal seedsof the Government stipulating functions, tasks, powers, and organizational structure of the Ministry of Home Affairs1. A fine of from one million to three million Vietnamese dong shall be imposed for one of the following violations:on giNo.For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.a) Allowing others to use professional certificates for animal seeds;

b) Renting or borrowing the use of professional certificates for animal seeds.

2. A fine of from three million to four million Vietnamese dong shall be imposed for one of the following intentional violations of altering or tampering with the contents of the following documents:

a) Professional certificates for animal seeds;

b) Export and import permits for animal seeds;

c) Decisions on the designation of trials and inspections of animal seeds.

The violator must have their permit, professional certificate, and decision revoked for the violation specified in Clause 2 of this Article.

c) Decision to designate testing and certification of livestock breeds.

3. Additional forms of punishment:

Compel confiscation of licenses, professional certificates, and designation decisions for violations stipulated in Clause 2 of this Article.

Article 25. Violation of biosecurity regulations in animal husbandry

1. A fine of from 500,000 VND to 1,000,000 VND shall be imposed on animal husbandry farms that commit any of the following violations:

a) Construction of livestock housing not in accordance with technical requirements affecting veterinary hygiene and the environment in animal husbandry;

b) Violation of animal husbandry procedures affecting food safety;

c) Failure to register or declare contents related to animal husbandry for animals required to be registered or declared.

2. Measures to remedy consequences:

Compel the implementation of measures to remedy environmental pollution resulting from the violation stipulated in point a, Clause 1 of this Article.

PART III

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

AND ESTABLISH AN ADMINISTRATIVE VIOLATION RECORD

 

Article 26. Authority to issue administrative violation records

1. The authority to impose administrative penalties as provided for in Articles 27, 28, 29, 30, 31, 32, and 33 of this Decree shall be exercised according to the functions, tasks, and powers assigned.

2. Civil servants, officials, and members of the People's Army and People's Public Security Forces working in agencies specified in Articles 27, 28, 29, 30, 31, 32, and 33 of this Decree while performing their duties according to their assigned functions, tasks, and powers in the fields of animal breeding, animal feed, and aquaculture.

Article 27. Authority of the Chairman of the People's Committee

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) Confiscate objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply remedial measures as prescribed in points d and i of 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) Impose a fine up to 25,000,000 VND in the field of animal breeding; 50,000,000 VND in the field of animal feed and aquaculture;

c) Suspend operations for a period of time;

d) Confiscate objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply remedial measures as prescribed in points a, b, c, d, e, g, h, i, k, and l of 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 50,000,000 VND in the field of animal breeding; 100,000,000 VND in the field of animal feed and aquaculture;

c) Suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) Apply remedial measures as prescribed in Clause 3, Article 4 of this Decree.

Article 28. Authority of the Inspector 4. State management in the field of asset valuation;

1. Agricultural inspectors and persons assigned to perform specialized inspection tasks in animal husbandry, aquaculture, veterinary services, and quality management of agricultural and forestry products and aquatic products while performing official duties have the right to:

a) To issue warnings;

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

c) Confiscate objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply remedial measures as prescribed in points d and i of Clause 3, Article 4 of this Decree.

2. Heads of provincial-level agricultural and rural development inspectorates, heads of specialized management agencies for animal husbandry, aquaculture, veterinary services, and quality management of agricultural and forestry products and aquatic products; chiefs of specialized inspection teams of the Animal Husbandry Department, Fisheries General Department, Veterinary Service Department, Quality Management Department of Agricultural and Forestry Products and Aquatic Products; chiefs of specialized inspection teams of provincial-level agricultural and rural development inspectorates; chiefs of specialized inspection teams of specialized management agencies for animal husbandry, aquaculture, veterinary services, and quality management of agricultural and forestry products and aquatic products have the right to:

a) To issue warnings;

b) Impose a fine up to 25,000,000 VND in the field of animal breeding; 50,000,000 VND in the field of animal feed and aquaculture;

c) Suspend operations for a period of time;

d) Confiscate objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply remedial measures as prescribed in Clause 3, Article 4 of this Decree.

3. Chiefs of specialized inspection teams of the Ministry of Agriculture and Rural Development have the right to:

a) To issue warnings;

b) Impose a fine up to 35,000,000 VND in the field of animal breeding; 70,000,000 VND in the field of animal feed and aquaculture;

c) Suspend operations for a period of time;

d) Confiscate objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply remedial measures as prescribed in Clause 3, Article 4 of this Decree.

4. Heads of the Ministry of Agriculture and Rural Development's Inspectorate, General Director of the Fisheries General Department, Directors of the Animal Husbandry Department, Veterinary Service Department, and Quality Management Department of Agricultural and Forestry Products and Aquatic Products have the right to:

a) To issue warnings;

b) Impose a fine up to 50,000,000 VND in the field of animal breeding; 100,000,000 VND in the field of animal feed and aquaculture;

c) Suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) Apply remedial measures as prescribed in Clause 3, Article 4 of this Decree.

Article 29. Authority of the People's Public Security

1. Public security officers performing their duties have the authority 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 1,500,000 VND.

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

a) To issue warnings;

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

c) Confiscate objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply remedial measures as prescribed in points d and i of Clause 3, Article 4 of this Decree.

4. Chiefs of public security offices at district level; chiefs of traffic police departments under the Traffic Police Corps; chiefs of provincial public security offices including chiefs of economic crime investigation departments, traffic police departments for land and railway transportation, waterway police departments, environmental crime prevention departments, economic security departments, and administrative management departments for social order have the authority to:

a) To issue warnings;

b) Impose fines up to 10,000,000 dong in the field of livestock breeding; 20,000,000 dong in the field of animal feed and aquaculture;

c) Suspend operations for a period of time;

d) Confiscate objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply remedial measures prescribed in points b, c, d, e, h, i, and k 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) Impose a fine up to 25,000,000 VND in the field of animal breeding; 50,000,000 VND in the field of animal feed and aquaculture;

c) Suspend operations for a period of time;

d) Confiscate objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply remedial measures prescribed in points b, c, d, e, h, i, and k of Clause 3, Article 4 of this Decree.

6. Chiefs of the Economic Crime Investigation Corps, Chiefs of the Traffic Police Corps, Chiefs of the Environmental Crime Prevention Corps, Chiefs of the Comprehensive Economic Security Corps, Chiefs of the Agricultural, Forestry, and Fishery Economic Security Corps, and Chiefs of the Administrative Management Corps for Social Order have the authority to:

a) To issue warnings;

b) Impose a fine up to 50,000,000 VND in the field of animal breeding; 100,000,000 VND in the field of animal feed and aquaculture;

c) Suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) Apply remedial measures prescribed in points b, c, d, e, h, i, and k of Clause 3, Article 4 of this Decree.

Article 30. Authority of the Border Guard

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. Chiefs of border guard stations and team leaders of border guard soldiers have the authority to:

a) To issue warnings;

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

3. Chiefs of border guard posts, chiefs of border guard fleets, commanders of border guard districts, and commanders of border guard ports have the authority to:

a) To issue warnings;

b) Impose fines up to 10,000,000 dong in the field of livestock breeding; 20,000,000 dong in the field of animal feed and aquaculture;

c) Confiscate objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply remedial measures prescribed in points b, c, d, e, h, i, and k of Clause 3, Article 4 of this Decree.

4. Commanders of provincial border guard forces and commanders of border guard fleets subordinate to the Border Guard Command have the authority to:

a) To issue warnings;

b) Impose a fine up to 50,000,000 VND in the field of animal breeding; 100,000,000 VND in the field of animal feed and aquaculture;

c) Suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) Apply remedial measures prescribed in points b, c, d, e, h, i, and k of Clause 3, Article 4 of this Decree.

Article 31. Authority of the Coast Guard

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

a) To issue warnings;

b) Impose fines up to 1,000,000 dong in the field of livestock breeding; 1,500,000 dong in the field of animal feed and aquaculture.

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

a) To issue warnings;

b) Impose fines up to 2,500,000 dong in the field of livestock breeding; 5,000,000 dong in the field of animal feed and aquaculture.

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 5,000,000 dong in the field of livestock breeding; 10,000,000 dong in the field of animal feed and aquaculture;

c) Apply remedial measures prescribed in points d and i of Clause 3, Article 4 of this Decree.

4. The maritime squadron commander have the right to:

a) To issue warnings;

b) Impose fines up to 10,000,000 dong in the field of livestock breeding; 20,000,000 dong in the field of animal feed and aquaculture;

c) Confiscate objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply remedial measures prescribed in points b, c, d, d, e, h, i, and k of Clause 3, Article 4 of this Decree.

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

a) To issue warnings;

b) Impose fines up to 15,000,000 dong in the field of livestock breeding; 30,000,000 dong in the field of animal feed and aquaculture;

c) Confiscate objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply remedial measures prescribed in points b, c, d, d, e, h, i, and k of Clause 3, Article 4 of this Decree.

6. Commanders of coast guard regions have the authority to:

a) To issue warnings;

b) Impose a fine up to 25,000,000 VND in the field of animal breeding; 50,000,000 VND in the field of animal feed and aquaculture;

c) Confiscate objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply remedial measures prescribed in points b, c, d, d, e, h, i, and k of Clause 3, Article 4 of this Decree.

7. Commanders of the Coast Guard Command have the authority to:

a) To issue warnings;

b) Impose a fine up to 50,000,000 VND in the field of animal breeding; 100,000,000 VND in the field of animal feed and aquaculture;

c) Suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) Apply remedial measures prescribed in points b, c, d, d, e, h, i, and k of Clause 3, Article 4 of this Decree.

Article 32. Authority of Customs

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

a) To issue warnings;

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

2. Chiefs of customs teams under customs branches, and chiefs of post-clearance inspection teams have the authority to:

a) To issue warnings;

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

3. Chiefs of customs branches, chiefs of post-clearance inspection teams, chiefs of control teams under provincial customs offices, anti-smuggling control teams, customs procedure teams, sea control fleets, and intellectual property protection control teams under the General Department of Customs Investigation and Anti-Smuggling have the authority to:

a) To issue warnings;

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

c) Confiscate objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply remedial measures prescribed in points b, c, d, d, e, h, and k of Clause 3, Article 4 of this Decree.

4. Chiefs of the General Department of Customs Investigation and Anti-Smuggling, Chiefs of the Post-Clearance Inspection Department under the General Department of Customs, and Chiefs of provincial customs offices have the authority to:

a) To issue warnings;

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

c) Suspend operations for a period of time;

d) Confiscate objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply remedial measures prescribed in points b, c, d, d, e, h, and k of Clause 3, Article 4 of this Decree.

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

a) To issue warnings;

b) Impose a fine up to 50,000,000 VND in the field of animal breeding; 100,000,000 VND in the field of animal feed and aquaculture;

c) To confiscate objects and means of administrative violations;

d) Apply remedial measures prescribed in points b, c, d, d, e, h, and k of Clause 3, Article 4 of this Decree.

Article 33. Competence of Market Management

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

a) To issue warnings;

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

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

a) To issue warnings;

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

c) Confiscate objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply the measures to remedy consequences specified in points a, b, c, đ, e, g, h, k, l, clause 3, Article 4 of this Decree.

3. The Director of the Market Management Sub-Department under the Department of Industry and Trade, the Head of the Anti-Smuggling Department, the Head of the Anti-Fake Goods Department, the Head of the Product Quality Control Department under the Market Management Department have the right to:

a) To issue warnings;

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

c) Suspend operations for a period of time;

d) Confiscate objects and means of administrative violation with a value not exceeding the amount of fine prescribed in point b of this clause;

d) Apply remedial measures as prescribed in Clause 3, Article 4 of this Decree.

4. The Director of the Market Management Department has the right to:

a) To issue warnings;

b) Impose a fine up to 50,000,000 VND in the field of animal breeding; 100,000,000 VND in the field of animal feed and aquaculture;

c) Suspend operations for a period of time;

d) Confiscate contraband and means of administrative violation;

d) Apply remedial measures as prescribed in Clause 3, Article 4 of this Decree.

Article 34. Division of Administrative Penalty Authority among Chairpersons of People's Committees at all levels, Inspection Agencies, Customs Agencies, Market Management Agencies, Public Security Organs, Border Guard Forces, Coast Guardi

1. The Chairpersons of People's Committees at all levels have the authority to impose administrative penalties, apply additional forms of administrative penalties and measures to remedy consequences for violations of administrative regulations stipulated in this Decree according to the authority prescribed in Article 27 of this Decree and their assigned functions, tasks, and powers.

2. The person with the authority to impose penalties from the Inspection Agency has the authority to impose administrative penalties, apply additional forms of administrative penalties and measures to remedy consequences for violations of administrative regulations stipulated in this Decree according to the authority prescribed in Article 28 of this Decree and their assigned functions, tasks, and powers.

3. The person with the authority to impose penalties from the Public Security Organ has the authority to impose administrative penalties, apply additional forms of administrative penalties and measures to remedy consequences for violations of administrative regulations stipulated in this Decree according to the authority prescribed in Article 29 of this Decree and their assigned functions, tasks, and powers.

4. The person with the authority to impose penalties from the Customs Agency has the authority to impose administrative penalties, apply additional forms of administrative penalties and measures to remedy consequences for violations of administrative regulations in the fields of livestock breeding; animal feed, aquatic products stipulated in Clause 8, Article 10; Clause 2, Article 21 of this Decree according to their assigned functions, tasks, and powers.

5. The person with the authority to impose penalties from the Market Management Agency has the authority to impose administrative penalties, apply additional forms of administrative penalties and measures to remedy consequences for violations of administrative regulations in the fields of livestock breeding; animal feed, aquatic products stipulated in Article 8; Clause 2, Article 9; Clause 8, Article 10; Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, Article 11; Article 17; Article 21 of this Decree according to their assigned functions, tasks, and powers.

6. The person with the authority to impose penalties from the Border Guard Force and Coast Guard has the authority to impose administrative penalties, apply additional forms of administrative penalties and measures to remedy consequences for violations of administrative regulations in the fields of livestock breeding; animal feed, aquatic products stipulated in Clause 8, Article 10; Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, Article 11; Article 21 of this Decree according to their assigned functions, tasks, and powers.

 

Chapter IV

IMPLEMENTING PROVISIONS

 

Article 35. Effective Date

1. This Decree takes effect from June 22, 2018.

2. This Decree replaces:

a) Decree No. 119/2013/NĐ-CP dated October 9, 2013 of the Government on administrative penalties for violations in the field of veterinary medicine, livestock breeding, animal feed;

b) The contents regarding administrative penalties for violations in the fields of livestock breeding, animal feed, aqua feed at Decree No. 41/2017/NĐ-CP dated April 5, 2017 of the Government amending and supplementing some articles of decrees on administrative penalties in the field of fisheries; veterinary medicine, livestock breeding, animal feed; forest management, forest development, forest protection, and forest product management.

Article 36. Article ktransitional provisions

1. For administrative violations that were recorded in the Administrative Violation Record in the fields of livestock breeding; animal feed, aquatic products before the date this Decree takes effect, they shall be penalized according to Decree No. 119/2013/NĐ-CP dated October 9, 2013 of the Government on administrative penalties for violations in the field of veterinary medicine, livestock breeding, animal feed; Decree No. 41/2017/NĐ-CP dated April 5, 2017 of the Government amending and supplementing some articles of decrees on administrative penalties in the field of fisheries; veterinary medicine, livestock breeding, animal feed; forest management, forest development, forest protection, and forest product management, except where this Decree provides for lighter legal responsibility for such administrative violations, in which case they shall be penalized according to this Decree.

2. For administrative violations that were committed or discovered before the date this Decree takes effect but not yet recorded in the Administrative Violation Record in the fields of livestock breeding; animal feed, aquatic products, they shall be penalized according to the provisions of this Decree.

Article 37. Responsibility for Implementation

1. The Minister of Agriculture and Rural Development is responsible for monitoring, guiding, and organizing the implementation of this Decree.

2. The Ministers, Heads of Ministries equivalent to Ministries, Heads of agencies under the Government, Chairpersons of Provincial People's Committees directly under the Central Government are responsible for implementing this Decree./.

 

PRIME MINISTER

PRIME MINISTER

 

Nguyen Xuan Phuc