DECREE NO. 78-CP ON ADMINISTRATIVE SANCTIONS FOR VIOLATIONS IN THE FIELD OF PLANT PROTECTION AND QUARANTINE

DECREE OF THE GOVERNMENT

On administrative penalties for violations in the field of plant protection and quarantine

 _____________________

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Based on the Ordinance on Handling Administrative Violations dated July 6, 1995;

Based on the Ordinance on Plant Protection and Quarantine dated February 15, 1993;

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

DECREE: 

PART I

GENERAL PROVISIONS

Article 1. The scope of application includes administrative violations in the field of plant protection and quarantine caused intentionally or negligently by individuals or organizations but not reaching the level of criminal prosecution, including:

1. Violations of regulations on disease control affecting plant resources.

2. Violations of regulations on plant quarantine.

3. Violations of regulations on disinfection of objects subject to export, import, and storage quarantine.

4. Violations of regulations on management of plant protection chemicals.

Article 2. The subjects of application include:

1. Organizations and individuals committing administrative violations in the field of plant protection and quarantine shall be punished according to this Decree.

2. Foreign organizations and individuals committing administrative violations in the field of plant protection and quarantine shall also be punished according to this Decree, except where international treaties to which Vietnam is a party provide otherwise.

Article 3. Principles of administrative penalty in the field of plant protection and quarantine:

1. The authority to impose administrative penalties in the field of plant protection and quarantine shall be implemented in accordance with the provisions of the Ordinance on Handling Administrative Violations, specifically detailed in Articles 11, 12, and 13 of this Decree. 2. All administrative violations in the field of plant protection and quarantine must be promptly detected and immediately stopped; the imposition of penalties must be carried out quickly and fairly. Any consequences resulting from administrative violations must be remedied in accordance with the law. Organizations and individuals causing material damage through administrative violations must compensate according to the law.

3. A single administrative violation shall only be penalized once; if an individual commits multiple administrative violations, they shall be penalized for each violation separately. If multiple individuals jointly commit a single administrative violation, each violator shall be penalized.

4. The imposition of administrative penalties must be based on the nature and degree of the violation, as well as mitigating and aggravating circumstances specified in Article 7 and Article 8 of the Ordinance on Handling Administrative Violations dated July 6, 1995, to determine the form of punishment, the amount of fine, and appropriate measures in accordance with this Decree and other Government Decrees and Regulations on administrative penalties.

5. Administrative penalties shall not be imposed in cases where the violator is suffering from mental illness or other diseases that impair their ability to understand or control their actions, or in situations of emergency or unexpected events.

Article 4. Time limit for imposing penalties and time period considered as not having been penalized for administrative violations:

The time limit for imposing administrative penalties and the period considered as not having been penalized for administrative violations shall be implemented in accordance with Articles 9 and 10 of the Ordinance on Handling Administrative Violations dated July 6, 1995.

Article 5. Forms of punishment:

When imposing administrative penalties under this Decree, the authorized authority may only apply forms of punishment and other measures prescribed by law as follows:

1. Warning, applicable to minor violations, first-time offenses, and those with mitigating circumstances.

2. Fine, determined based on the nature and degree of the violation.

The specific amount of the fine for a single administrative violation is the average within the range of fines stipulated in this Decree.

The fine for violations with mitigating circumstances may be lower than the average fine but not less than the lowest limit of the fine range stipulated. The fine for violations with aggravating circumstances may be higher than the average fine but not exceed the highest limit of the fine range stipulated in this Decree.

3. Depending on the nature and degree of the violation, organizations and individuals violating administrative regulations in the field of plant protection and quarantine may also be subject to one or more additional forms of punishment as follows:

a) Revocation of licenses for practicing plant protection services, disinfection, trading in plant protection chemicals, and certificates of plant quarantine.

b) Sealing, confiscation of goods, evidence, and means used to cause the violation.

c) Compelling compensation for damages caused by administrative violations up to 1,000,000 VND.

d) Destruction or return to the place of origin for objects subject to plant quarantine and means infected with quarantine pests of Vietnam that cannot be contained or eradicated in Vietnam.

đ) Destruction or return to the place of origin for prohibited plant protection chemicals in Vietnam.

Organizations and individuals penalized under points d and đ of Clause 3 of this Article must comply with the law and bear all costs associated with sealing, confiscation, destruction, and returning to the place of origin of the goods and means involved in the violation.

PART II

FORMS OF PUNISHMENT AND AMOUNTS FOR ADMINISTRATIVE VIOLATIONS

IN THE FIELD OF PLANT PROTECTION AND QUARANTINE

Article 6. Forms of punishment and amounts for violations of regulations on disease control affecting plant resources in areas currently experiencing outbreaks:

Warning or a fine of between 200,000 VND and 1,000,000 VND for the act of bringing into or taking out of an outbreak area plant resources infected with dangerous pathogens declared as regional pests but not yet treated.

Article 7. Forms of punishment and amounts for violations of regulations on plant quarantine:

1. Warning or a fine of between 200,000 VND and 1,000,000 VND for any of the following violations:

a) Not having a certificate of plant quarantine issued by the Plant Protection Sub-Department or the plant quarantine agency at the place of origin when transporting plant resources subject to quarantine from a province with an outbreak to another province or centrally governed city.

b) Discarding plant resources infected with quarantine pests leading to their spread to other regions.

2. A fine of between 1,000,000 VND and 3,000,000 VND for any of the following violations:

a) Failing to complete procedures for declaration of plant quarantine before importing, exporting, or transporting plant resources through transit;

b) Transporting and unloading plant resources contaminated with quarantine pests in violation of designated locations.

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

a) Failure to comply with regulations on the treatment of objects contaminated with quarantine pests as prescribed by Vietnam.

b) Transporting and circulating plant resources that have been concluded to be contaminated with quarantine pests in large quantities without complying with the provisions of the authorized plant quarantine agency.

c) Transporting plant resources through transit without permission from the authorized plant quarantine agency of Vietnam, failing to fully implement measures to prevent harmful organisms as stipulated by Vietnam, or lacking a phytosanitary certificate issued by the plant quarantine agency of the place of origin.

d) Engaging in acts to evade inspection and quarantine of plant resources.

đ) Failure to comply with measures to isolate, encircle, and eradicate foci of harmful organisms as prescribed by quarantine orders.

e) Bringing into the territory of Vietnam objects subject to quarantine without a phytosanitary certificate from the exporting country or without undergoing quarantine at the border gate.

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

a) Failure to comply with measures for handling objects subject to quarantine when importing or exporting as prescribed by the plant quarantine agency.

b) The owner of objects subject to quarantine misrepresents, conceals, or substitutes objects subject to quarantine during the plant quarantine agency's inspection process for export or import consignments; adding or substituting goods not yet inspected for those already certified with a phytosanitary certificate.

5. A fine of from twenty million to fifty million Vietnamese dong shall be imposed for any of the following violations:

a) Bringing into Vietnam live quarantine pests listed in the quarantine pest list of Vietnam without permission from the Minister of Agriculture and Rural Development.

b) When quarantine officers discover the T.G beetle in storage and the owner of the object does not treat it or there is no confirmation from the authorized plant quarantine agency that the beetle has been completely eradicated.

6. A fine of from twenty-five million to eighty million Vietnamese dong shall be imposed for any of the following violations:

a) During transportation of objects subject to quarantine, quarantine officers discover the object contaminated with the T.G beetle and the owner does not thoroughly treat it according to instructions and has not received confirmation from the authorized plant quarantine agency that the beetle has been completely eradicated.

b) Upon discovering other quarantine pests specifically announced by location and time during production, processing, storage, and transportation, and failing to properly handle them according to instructions from the authorized plant quarantine agency confirming complete eradication.

Article 8. Forms of punishment and fines for violations of regulations on disinfection:

1. A fine of from one million to three million Vietnamese dong shall be imposed for the act of operating without a permit for disinfecting objects subject to quarantine for export, import, and storage issued by the competent state management agency for plant protection and quarantine.

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

a) Using disinfectants prohibited for use in Vietnam.

b) Using disinfectants improperly, causing adverse effects on the quality of disinfected objects or environmental pollution, adversely affecting human health and living organisms.

3. Organizations and individuals violating the provisions of Clause 2 of this Article may also have their permits revoked and be required to take remedial actions to address environmental pollution.

Article 9. Forms of punishment and fines for violations of regulations on plant protection products:

1. A warning or a fine of from two hundred thousand to one million Vietnamese dong shall be imposed for any of the following violations:

a) Failing to meet technical safety requirements for transporting, storing plant protection products and raw materials in vehicles and warehouses.

b) Storing, transporting, and selling plant protection products and raw materials together with people, livestock, foodstuffs.

c) Selling plant protection products and raw materials without a permit.

d) If repeated or multiple violations occur under points b and c of Clause 1 of this Article, a fine up to five million Vietnamese dong may be imposed.

2. A fine of from one million to three million Vietnamese dong shall be imposed for any of the following violations:

a) Producing or processing plant protection products not in accordance with the provisions of the permit.

b) Individuals providing services using plant protection products not in compliance with technical standards and isolation periods, causing poisoning to humans and livestock and environmental pollution.

c) Conducting trials of new plant protection products not at the permitted location.

d) Selling plant protection products without labels or with incorrect labels.

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

a) Producing or processing plant protection products without a permit.

b) Conducting trials of new plant protection products without a permit.

c) Selling plant protection products that do not meet quality standards or are past their expiration date.

d) Selling plant protection products outside the list of approved products for use in Vietnam.

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

a) Importing plant protection products or raw materials listed in the prohibited plant protection product list for use in Vietnam.

b) Producing or processing plant protection products not in accordance with registered technical standards.

c) Selling prohibited or counterfeit plant protection products.

d) Organizations and individuals providing services using plant protection products not listed in the approved plant protection product list for use in Vietnam, or using products listed in the prohibited plant protection product list for use in Vietnam.

5. A fine of from twenty-five million to eighty million Vietnamese dong shall be imposed for any of the following violations:

a) Producing or processing plant protection products listed in the prohibited plant protection product list for use in Vietnam.

b) Producing or processing counterfeit plant protection products but not to the extent of criminal liability.

c) Engaging in the sale of prohibited drugs or counterfeit drugs in large quantities, intentionally violating multiple times.

6. Order compensation for damages to organizations or individuals who commit violations as stipulated in point b, Clause 2, and point d, Clause 4 of this Article.

7. Order destruction or return to the place of origin for violations as stipulated in point a, Clause 4 of this Article.

8. Seal and confiscate drugs and production equipment for violations as stipulated in point a, c, Clause 3, point b, c, Clause 4, and point a, b, c, Clause 5 of this Article.

9. Revoke the right to use the practice license for violations as stipulated in point a, b, Clause 2, if there are aggravating circumstances, point a, b, c, Clause 4, and point a, b, c, Clause 5 of this Article.

Article 10. Forms of administrative penalties and fines for violations of regulations on administrative management for plant protection, plant quarantine, and plant protection chemicals:

1. A warning or a fine of from two hundred thousand to one million Vietnamese dong shall be imposed for any of the following violations:

a) Altering, erasing, or defacing the plant protection practice license, disinfection license, pesticide trading license, import permit for plant products, plant quarantine certificate, quality testing certificate, and pesticide residue testing certificate;

b) Obstructing and failing to comply with requests made by plant protection officers, plant quarantine officers, or specialized inspectors when performing their duties.

2. Impose a fine of from 500,000 VND to 2,000,000 VND for any of the following violations:

a) Counterfeiting the plant protection practice license, disinfection license, pesticide trading license, import permit for plant products, plant quarantine certificate, quality testing certificate, and pesticide residue testing certificate;

b) Allowing others to use the license or certificate to practice;

c) Threatening or using violence against plant quarantine officers, plant protection officers, or specialized inspectors enforcing their duties without reaching the level of criminal prosecution.

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

a) Altering application documents to obtain licenses or registrations for plant protection, plant quarantine, disinfection, and pesticides;

b) Providing false information or advertising that does not correspond to the registered functions and effects of pesticides in Vietnam;

c) Circulating pesticides with labels未经翻译的部分已经是英文，不需要翻译。请确认是否需要我继续处理文档的其他部分，或者提供进一步的帮助？如果有，请提供相关信息。

d) Repairing or forging labels to imitate those of other drugs already registered and circulating on the market.

4. Seize the drug labels for violations as specified in point c and d, Clause 3 of this Article.

5. Revoke the right to use the business license for violations as specified in point b, Clause 2 and point b, Clause 3 of this Article.

CHAPTER III

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

IN THE FIELD OF PLANT PROTECTION AND QUARANTINE

Article 11. The authority to impose administrative penalties in the field of plant protection and quarantine inspection:

1. Plant protection and quarantine inspectors while performing their duties have the authority to issue warnings, impose fines up to 200,000 dong, confiscate items and means used in violation of administrative regulations with a value up to 500,000 dong, and apply other measures as stipulated in point a, b, and d, Clause 3, Article 11 of the Administrative Violation Handling Ordinance dated July 6, 1995.

2. The head of the provincial or centrally-administered city plant protection inspection agency has the authority to impose fines up to 10,000,000 dong and other measures as provided in Article 5 of this Decree.

3. The head of the national plant protection inspection agency has the authority to impose fines up to 20,000,000 dong and may apply all forms of punishment as prescribed in this Decree.

Article 12. The authority to impose penalties of the People's Committee Chairpersons at various levels:

1. The Chairman of the People's Committee of communes, wards, towns has the authority to issue warnings, impose fines up to 200,000 dong, confiscate items and means used in violation of administrative regulations with a value up to 500,000 dong, order compensation for damages caused by administrative violations up to 500,000 dong, suspend activities causing environmental pollution, destroy harmful products affecting human health.

2. The Chairman of the People's Committee of districts, urban districts, provincial cities has the authority to issue warnings, impose fines up to 10,000,000 dong, decide on the application of supplementary penalties and measures as stipulated in Clause 2 and Clause 3, Article 11 of the Administrative Violation Handling Ordinance, except in cases where the revocation of the right to use licenses issued by higher-level state agencies requires the Chairman of the district People's Committee to issue a decision to suspend the violation and request the competent state agency to revoke the license.

3. The Chairman of the People's Committee of provinces, centrally-administered cities has the authority to issue warnings, impose fines up to 100,000,000 dong, apply supplementary penalty forms and measures as stipulated in Clause 2 and Clause 3, Article 11 of the Administrative Violation Handling Ordinance, except in cases where the revocation of the right to use licenses issued by higher-level state agencies requires the Chairman of the provincial People's Committee to issue a decision to suspend the violation and request the competent state agency to revoke the license.

Article 13. The authority to impose penalties of other agencies:

1. In addition to those persons specified in Articles 11 and 12 of this Decree, those persons authorized to impose penalties according to the Administrative Violation Handling Ordinance who discover administrative violations within their management scope and area as stipulated in this Decree shall have the authority to impose penalties but must comply with the provisions of Articles 46, 47, and 48 of the Administrative Violation Handling Ordinance.

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

PART IV

PROCEDURES FOR IMPOSING ADMINISTRATIVE PENALTIES IN THE FIELD

OF PLANT PROTECTION AND QUARANTINE

Article 14. Procedures for imposing administrative penalties:

1. The procedures and steps for imposing administrative penalties in the field of plant protection and quarantine shall be carried out in accordance with the provisions of Articles 45, 46, 47, 48, and 49 of the Administrative Violation Handling Ordinance dated July 6, 1995.

2. Organizations and individuals fined must pay the fine at the place indicated in the penalty decision and receive a receipt for the fine, if there is no receipt for the fine collection, the person being fined has the right not to pay the fine, the person authorized to impose administrative penalties must clearly inform the violator of the article, clause, name of the document, and law they violated.

3. Except for simple fines, all administrative violations subject to penalties must be documented and retained fully by the competent authority imposing the penalty for the duration as prescribed currently.

4. When applying forms of confiscation of evidence, means of violation, the authority with the power to impose penalties must comply with the procedures prescribed in Article 51 of the Ordinance on Handling Administrative Violations. Goods, evidence, and means of administrative violations that are confiscated shall be transferred to the financial agency at the same level for auction in accordance with the regulations. The proceeds from the sale shall be deposited into the State Treasury in accordance with the regulations. In cases where goods, evidence, and means of the person being penalized are destroyed or returned to their place of origin after the violation has been handled, the violator must comply with the provisions of the law.

5. The management and use of fines collected due to administrative violations shall be implemented in accordance with the regulations of the State.

Article 15. The procedure for revoking the right to practice a profession is carried out in accordance with Article 50 of the Ordinance on Handling Administrative Violations dated July 6, 1995.

Article 16. Enforcement of the Decision on Imposing Penalties and Compulsory Enforcement of Decisions on Imposing Penalties in the Field of Plant Protection and Quarantine:

1. Organizations and individuals subject to administrative penalties under this Decree must strictly implement the penalty decision of the competent authority within the prescribed time limit. If they fail to implement the penalty decision, compulsory enforcement shall be carried out according to the provisions of Article 55 of the Ordinance on Handling Administrative Violations dated July 6, 1995.

2. When applying measures for compulsory enforcement of decisions on imposing penalties, the agencies and persons with the authority must follow the compulsory enforcement procedures as prescribed by law.

Article 17. Application of measures to prevent administrative violations in the field of plant protection and quarantine:

1. To promptly prevent acts of administrative violations and ensure the handling of administrative violations in plant protection and quarantine work, those persons and agencies with the authority may apply preventive measures against administrative violations in accordance with Article 38 of the Ordinance on Handling Administrative Violations dated July 6, 1995.

2. The authority, procedures, and processes for applying preventive measures against administrative violations and ensuring the imposition of penalties in the field of plant protection and quarantine are carried out in accordance with the provisions of Articles 39, 40, 41, 42, 43, and 44 of the Ordinance on Handling Administrative Violations dated July 6, 1995.

CHAPTER V

PETITIONING, REPORTING AND HANDLING VIOLATIONS

Article 18. Complaints and accusations regarding decisions on imposing administrative penalties in the field of plant protection and quarantine, and the resolution of complaints and accusations are stipulated as follows:

1. Citizens have the right to report to the competent state authorities about acts of administrative violations committed by organizations and individuals, and to report acts of administrative violations committed by the authority with the power to impose administrative penalties in the field of plant protection and quarantine.

2. Organizations and individuals subject to administrative penalties, subjected to administrative preventive measures, or their lawful representatives have the right to complain and accuse regarding the imposition of penalties or the application of preventive measures against them.

3. Procedures, processes, deadlines, authority for complaints and accusations, and the resolution of complaints and accusations are carried out in accordance with the provisions of Articles 87, 88, and 90 of the Ordinance on Handling Administrative Violations dated July 6, 1995.

Article 19. Handling of violations by the authority with the power to impose administrative penalties in the field of plant protection and quarantine:

The authority with the power to handle administrative violations in the field of plant protection and quarantine who engages in harassment, tolerance, cover-up of violations, failure to handle or handle inadequately, improperly, beyond authority, misappropriation, or illegal use of money, goods, evidence, means of violations, causing obstruction to legitimate trade flows resulting in damage to organizations and individuals shall be subject to administrative penalties or criminal prosecution depending on the degree and nature of the violation, and if material damage is caused, compensation must be provided in accordance with the law.

Chapter VI

IMPLEMENTING PROVISIONS

Article 20. This Decree takes effect from the date of signing and replaces the provisions on administrative penalties in the field of plant protection and quarantine issued together with Decree No. 92/CP dated November 27, 1993 of the Government.

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

Article 21. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities are responsible for implementing this Decree./.