Nghị định 04/2020/NĐ-CP sửa đổi Nghị định 31/2016/NĐ-CP và Nghị định 90/2017/NĐ-CP

DECREE

On amending and supplementing a number of Articles of the Government’s Decree No. 31/2016/ND-CP dated May 06, 2016 on penalties for administrative violations against regulations on plant varieties, plant protection and quarantine and the Government’s Decree No.  90/2017/ND-CP dated July 31, 2017 on penalties for administrative violations against regulations on animal health

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

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012;

Pursuant to the Law on Plant Protection and Quarantine dated November 25, 2013;

Pursuant to the Law on Animal Health dated June 19, 2015;

Pursuant to the Law on Fisheries dated November 21, 2017;

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

The Government hereby promulgates the Decree on amending and supplementing a number of Articles of the Government’s Decree No. 31/2016/ND-CP dated May 06, 2016 on penalties for administrative violations against regulations on plant varieties, plant protection and quarantine and the Government’s Decree No.  90/2017/ND-CP dated July 31, 2017 on penalties for administrative violations against regulations on animal health.

Article 1. To amend and supplement a number of Articles of the Decree No. 31/2016/ND-CP dated May 06, 2016 on penalties for administrative violations againstregulations on plant varieties, plant protection and quarantine:

1. To amend and supplement Article 2 as follows:

“Article 2. Subjects sanctioned for administrative violations

1. Organizations and individuals committing administrative violations against regulations on plant varieties, plant protection and quarantine in the territory of Vietnam.

2. Organizations specified in Clause 1 of this Article include:

a) State agencies committing violations and such violations are not subject to the assigned State management tasks;

b) Economic organizations established under the Law on Enterprises include: Sole proprietorships; join stock companies; limited liability companies; partnerships and units subject to enterprises (branches and representative offices);

c) Economic organizations established under the Law on Cooperatives include: Cooperatives and unions of cooperatives;

d) Organizations established under the Law on Investment include: Domestic investors, foreign investors and foreign-invested economic organizations; representative offices and branches of foreign traders in Vietnam; representative offices of foreign trade promotion organizations in Vietnam;

dd) Social organizations, socio-political organization, socio-political-professional organizations and social-professional organizations;

e) Public non-business units and other organizations in accordance with law provisions.

3. Households and individual business households that violate the provisions of this Decree shall be sanctioned as for violating individuals.”

2. To amend and supplement some Clauses and Points of Article 19 as follows:

a) To add Point d, Clause 4, Article 19 as follows:

“4. A fine of from VND 3,000,000 to VND 6,000,000 shall be imposed for any of the following violations:

d) Bringing objects subject to plant quarantine infected with harmful organisms from epidemic declaration areas to other regions, spreading pests causing damage to property under VND 100,000,000.”

b) To add Clause 5a, Article 19 as follows:

“5a. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for the acts of bringing objects subject to plant quarantine infected with harmful organisms from epidemic declaration areas to other regions, spreading pests causing damage to property from VND 100,000,000 or more in case the proceeding-conducting agencies have decided not to prosecute the criminal cases, cancel the decision on prosecuting the criminal cases, suspend investigations or suspend cases.”

c) To amend and supplement Points b and c, Clause 6, Article 19 as follows:

“6. Remedial measures

b) Compelling to destruct plant varieties, planting materials, and plant pests if any of the violations mentioned in Clauses 4, 5 and 5a of this Article is committed.

c) Compelling to return illegal benefits obtained from the violation mentioned in Point d, Clauses 4, 5 and 5a of this Article.”

3. To amend and supplement some Clauses and Points of Article 20 as follows:

a) To add Points d and dd, Clause 4, Article 20 as follows:

“4. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following violations:

d) Carrying plant quarantine subjects into Vietnam without Phytosanitary Certificate granted in the exporting country, except for the cases where plant quarantine subjects are certified by a specialized plant protection and quarantine agency of the Ministry of Agriculture and Rural Development;

dd) Carrying plant quarantine subjects into Vietnam without implementing provisions of law on plant quarantine, spreading pests causing damage to property under VND 100,000,000.”

b) To add Point e, Clause 5, Article 20 as follows:

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

e) Carrying plant quarantine subjects into Vietnam without implementing provisions of law on plant quarantine, spreading pests causing damage to property from VND 100,000,000 or more in case the proceeding-conducting agencies have decided not to prosecute the criminal cases, cancel the decision on prosecuting the criminal cases, suspend investigations or suspend cases.”

c) To amend and supplement Points a, b and dd, Clause 6, Article 20 as follows:

“6. Remedial measures

a) Compelling to re-export or destruct plant quarantine subjects if the violation mentioned in Point b, Clause 1 and Point d, Clause 5 of this Article is committed;

b) Compelling to take out of the territory of Vietnam plant quarantine subjects, for violations specified in Point d, Clause 4 in cases of violating for the third time or more; for violations specified in Point c, Clause 2 and Point c, Clause 5 of this Article; for violations specified in Point a, Clause 5 of this Article in case of recidivism. Over the period of 30 days from the date on which a competent state agency granted decision on imposition of penalties, if plant quarantine subjects are still in the territory of Vietnam, competent persons mentioned in Clause 4, Article 33 of this Decree may issue a decision on destruction of such plant quarantine subjects, except for legitimate reasons;

dd) Compelling to thorough disposal of plant quarantine subjects infected with plant quarantine objects by one of the handling measures as prescribed in Clauses 2 and 3, Article 34 of the 2013 Law on Plant Protection and Quarantine for acts of violation specified at Point dd, Clause 4 and Points dd and e, Clause 5 of this Article.”

4. To amend and supplement some Clauses and Points of Article 24 as follows:

a) To amend and supplement Clauses 4, 5, 6 and 7, and Point c, Clause 8, Article 24 as follows:

“4. A fine of from VND 20,000,000 to VND 25,000,000 shall be imposed for production of pesticides which are not in the list of pesticides permitted for use in Vietnam with a value of under VND 200,000,000 or gaining illicit profits of less than VND 100,000,000, except for the cases where an import permit is granted as regulated in Clause 2, Article 67 of the Law on Plant Protection and Quarantine.

5. A fine of from VND 25,000,000 to VND 35,000,000 shall be imposed for production of pesticides in the list of pesticides banned from use in Vietnam if the amount of formulated pesticides is below 30 kilograms (or 30 liters).

6. A fine of from VND 40,000,000 to VND 45,000,000 shall be imposed for production of pesticides which are in the list of pesticides banned from use in Vietnam if the amount of formulated pesticides is from 30 kilograms (or 30 liters) to below 50 kilograms (or 50 liters).

7. A fine ranging from VND 45,000,000 to VND 50,000,000 shall be imposed for any of the following violations:

a) Production of pesticides which are in the list of pesticides banned from use in Vietnam if the amount of formulated pesticides is from 50 kilograms (or 50 liters) or more in case the proceeding-conducting agencies have decided not to prosecute the criminal cases, cancel the decision on prosecuting the criminal cases, suspend investigations or suspend cases;

b) Production of pesticides which are not in the list of pesticides permitted for use in Vietnam if the amount of formulated pesticides with a value of from VND 200,000,000 or more or gaining illicit profits of from VND 100,000,000 or more, except for the cases where an import permit is granted as regulated in Clause 2, Article 67 of the Law on Plant Protection and Quarantine when the proceeding-conducting agencies have decided not to prosecute the criminal cases, cancel the decision on prosecuting the criminal cases, suspend investigations or suspend cases.

8. Additional penalties

c) Deprivation of the right to use the certificate of eligibility for production of pesticides for 06 - 12 months if any of the violations mentioned in Clauses 5, 6 and 7 of this Article is committed."

b) To add Point dd, Clause 9, Article 24 as follows:

“9. Remedial measures

d) Compelling to return illegal benefits obtained from the violation mentioned in Clauses 4, 5, 6 and 7 of this Article.”

5. To amend and supplement Article 25 as follows:

“Article 25. Violations against regulations on sale of pesticides

1. A fine of from VND 1,000,000 to VND 2,000,000 shall be imposed for any of the following violations against regulations on sale of pesticides:

a) Trading pesticides together with other goods such as: Foods, foodstuffs, soft drink, animal feed, aquatic food, medicines and veterinary medicines;

b) Trading pesticides which are expired; pesticides of not quality assurance, not conforming to relevant technical regulations with a value less than VND 5,000,000;

c) Trading pesticides while Certificate of eligibility for sale of pesticides is expired;

d) Failing to maintain the satisfaction of conditions for sale of pesticides as regulated in Article 63 of the Law on Plant Protection and Quarantine in the business process.

2. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following violations against regulations on sale of pesticides:

a) Trading pesticides which are expired; pesticides of not quality assurance, not conforming to relevant technical regulations with a value from VND 5,000,000 to less than VND 15,000,000;

b) Trading a type of pesticides in the list of pesticides banned from use in Vietnam and the amount of formulated pesticides is below 3 kilograms (or 3 liters);

c) Trading pesticides without obtaining a Certificate of eligibility for sale of pesticides;

d) Trading pesticides that are not in the list of pesticides permitted for use in Vietnam with a value of less than VND 5,000,000.

3. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following violations against regulations on sale of pesticides:

a) Trading pesticides which are expired; pesticides of not quality assurance, not conforming to relevant technical regulations with a value from VND 15,000,000 to less than VND 30,000,000;

b) Trading a type of pesticides in the list of pesticides banned from use in Vietnam and the amount of formulated pesticides is from 03 kilograms (or 03 liters) to below 05 kilograms (or 05 liters);

c) Trading pesticides which are packed in the form of glass syringes;

d) Trading pesticides which are used as fumigants to persons who do not obtain practicing cards for treatment of plant quarantine subjects, or entities that do not obtain practicing certificates for treatment of plant quarantine subjects;

dd) Providing false instructions for use to buyers of pesticides;

e) Trading pesticides while sale activities are suspended or certificate of eligibility for sale of pesticides is deprived or revoked;

g) Trading pesticides that are not in the list of pesticides permitted for use in Vietnam with a value of from VND 5,000,000 to less than VND 15,000,000.

4. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following violations against regulations on sale of pesticides:

a) Trading pesticides which are expired; pesticides of not quality assurance, not conforming to relevant technical regulations with a value from VND 30,000,000 to less than VND 50,000,000;

b) Trading a type of pesticides in the list of pesticides banned from use in Vietnam and the amount of formulated pesticides is from 5 kilograms (or 5 liters) to below 10 kilograms (or 10 liters);

c) Trading pesticides that are not in the list of pesticides permitted for use in Vietnam with a value of from VND 15,000,000 to less than VND 30,000,000.

5. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following violations against regulations on sale of pesticides:

a) Trading pesticides which are expired; pesticides of not quality assurance, not conforming to relevant technical regulations with a value from VND 50,000,000 to less than VND 100,000,000;

b) Trading a type of pesticides in the list of pesticides banned from use in Vietnam and the amount of formulated pesticides is from 10 kilograms (or 10 liters) to below 20 kilograms (or 20 liters);

c) Trading pesticides that are not in the list of pesticides permitted for use in Vietnam with a value of from VND 30,000,000 to less than VND 50,000,000.

6. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following violations against regulations on sale of pesticides:

a) Trading pesticides which are expired; pesticides of not quality assurance, not conforming to relevant technical regulations with a value from VND 100,000,000 to less than VND 200,000,000;

b) Trading a type of pesticides in the list of pesticides banned from use in Vietnam and the amount of formulated pesticides is from 20 kilograms (or 20 liters) to below 30 kilograms (or 30 liters);

c) Trading pesticides that are not in the list of pesticides permitted for use in Vietnam with a value of from VND 50,000,000 to less than VND 100,000,000.

7. A fine of from VND 40,000,000 to VND 45,000,000 shall be imposed for any of the following violations against regulations on sale of pesticides:

a) Trading pesticides which are expired; pesticides of not quality assurance, not conforming to relevant technical regulations with a value from VND 200,000,000 or more;

b) Trading a type of pesticides in the list of pesticides banned from use in Vietnam and the amount of formulated pesticides is from 30 kilograms (or 30 liters) to below 50 kilograms (or 50 liters);

c) Trading pesticides that are not in the list of pesticides permitted for use in Vietnam with a value of from VND 100,000,000 to less than VND 200,000,000.

8. A fine of from VND 45,000,000 to VND 50,000,000 shall be imposed for any of the following violations:

a) Trading pesticides which are in the list of pesticides banned from use in Vietnam if the amount of formulated pesticides is from 50 kilograms (or 50 liters) or more in case the proceeding-conducting agencies have decided not to prosecute the criminal cases, cancel the decision on prosecuting the criminal cases, suspend investigations or suspend cases;

b) Trading pesticides which are not in the list of pesticides permitted for use in Vietnam if the amount of formulated pesticides with a value of from VND 200,000,000 or more or gaining illicit profits of from VND 100,000,000 or more, except for the cases where an import permit is granted as regulated in Clause 2, Article 67 of the Law on Plant Protection and Quarantine when the proceeding-conducting agencies have decided not to prosecute the criminal cases, cancel the decision on prosecuting the criminal cases, suspend investigations or suspend cases.

9. Additional penalties

a) Deprivation of the right to use a certificate of eligibility for production of pesticides for 01 - 03 months if any of the violations mentioned in Points b and c, Clause 4; Points b and c, Clause 5 and Points b and c, Clause 6 of this Article is committed.

b) Deprivation of the right to use a certificate of eligibility for production of pesticides for 03 - 06 months if any of the violations mentioned in Points b and c, Clause 7 and Clause 8 of this Article is committed.

10. Remedial measures

a) Compelling to recollect and return expired or unqualified pesticides, or pesticides whose quality is not conformable with corresponding technical regulations as regulated in Point b, Clause 1; Point a, Clause 2; Point a, Clause 3; Point a, Clause 4; Point a, Clause 5; Point a, Clause 6 and Point a Clause 7 of this Article to relevant producers or distributors for destruction or recycling, if possible;

b) Compelling to destruct pesticides which are in the list of pesticides banned from use in Vietnam, and/or those whose commercial names are not in the list of pesticides permitted for use in Vietnam, and/or pesticides packed in the form of glass syringes if the violations in Points b and d, Clause 2; Points b, c and g, Clause 3; Points b and c, Clause 4; Points b and c, Clause 5; Points b and c, Clause 6; Points b and c, Clause 7 and Clause 8 of this Articles is committed.”

6. To amend and supplement some Clauses of Article 36 as follows:

a) To amend and supplement the title of Clause 3, Article 36 as follows:

"3. The Director-General of provincial Market Surveillance Agencies, the Director-General of the Market Surveillance Business Agencies of the Vietnam Directorate of Market Surveillance have the power to:”

a) To amend and supplement the title of Clause 4, Article 36 as follows:

"4. The Director-General of the Vietnam Directorate of Market Surveillance has the power to:"

7. To amend and supplement Clauses 2, 4 and 5, Article 39 as follows:

“Article 39. Determination of power to impose penalties of People’s Public Security, Customs Authorities, Market Surveillance Units, Border Guard Forces and Coast Guard Forces

2. Competent persons of Customs Authorities have the power to impose penalties for administrative violations, impose additional penalties and enforce remedial measures for administrative violations mentioned in Article 8; Points d and dd, Clause 2, Article 12; Article 17; Point b, Clause 4, Article 19; Article 20; Article 22; Article 28 and Article 30 of this Decree within their competence as regulated in Article 35 of this Decree and within the ambit of their functions, tasks and powers.

4. Competent persons of Border Guard Forces have the power to impose penalties for administrative violations, impose additional penalties and enforce remedial measures for administrative violations mentioned in Article 17; Clause 1, Article 18; Clauses 4, 5 and 5a, Article 19; Article 20; Article 27 and Clause 6, Article 28 of this Decree within their competence as regulated in Article 37 of this Decree and within the ambit of their functions, tasks and powers.

5. Competent persons of Coast Guard Forces have the power to impose penalties for administrative violations, impose additional penalties and enforce remedial measures for administrative violations mentioned in Article 17; Clause 1, Article 18; Clauses 4, 5 and 5a, Article 19; Article 20; Article 27, and Clause 6, Article 28 of this Decree within their competence as regulated in Article 38 of this Decree and within the ambit of their functions, tasks and powers.”

Article 2. To amend and supplement a number of Articles of the Decree No. 90/2017/ND-CP dated July 31, 2017 on penalties for administrative violations against regulations on animal health:

1. To add Clauses 3 and 4, Article 2 as follows:

“3. Organizations specified in Clause 1 of this Article include:

a) State agencies committing violations and such violations are not subject to the assigned State management tasks;

b) Economic organizations established under the Law on Enterprises include: Sole proprietorships; join stock companies; limited liability companies; partnerships and units subject to enterprises (branches and representative offices);

c) Economic organizations established under the Law on Cooperatives include: Cooperatives and unions of cooperatives;

d) Organizations established under the Law on Investment include: Domestic investors, foreign investors and foreign-invested economic organizations; representative offices and branches of foreign traders in Vietnam; representative offices of foreign trade promotion organizations in Vietnam;

dd) Social organizations, socio-political organization, socio-political-professional organizations and social-professional organizations;

e) Public non-business units and other organizations in accordance with law provisions.

4. Households and individual business households that violate the provisions of this Decree shall be sanctioned as for violating individuals.”

2. To amend and supplement some Clauses and Points of Article 6 as follows:

a) To add Clauses 5a and 5b, Article 6 as follows:

“5a. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for the violations as prescribed in Clause 5 of this Article that causing damage to property valued at less than VND 100,000,000.

5b. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for violations as prescribed in Clause 5 of this Article, causing damage to property from VND 100,000,000 or more in case the proceeding-conducting agencies have decided not to prosecute the criminal cases, cancel the decision on prosecuting the criminal cases, suspend investigations or suspend cases.”

b) To amend and supplement Point b, Clause 6, Article 6 as follows:

“6. Remedial measures

b) Compelling to destruct animals, animal products and the waste from animals if any of the violations as prescribed in Clauses 4, 5, 5a and 5b of this Article is committed.”

3. To amend and supplement the title of Clause 2, Article 7 as follows:

“2. A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for any of the following violations:’

4. To amend and supplement some Clauses and Points of Article 8 as follows:

a) To add Clauses 5a and 5b, Article 8 as follows:

“5a. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for the violations as prescribed in Point a, Clause 5 of this Article that causing damage to property valued at less than VND 100,000,000.

5b. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for violations as prescribed in Point a, Clause 5 of this Article, causing damage to property from VND 100,000,000 or more in case the proceeding-conducting agencies have decided not to prosecute the criminal cases, cancel the decision on prosecuting the criminal cases, suspend investigations or suspend cases.”

b) To add Clauses 6a and 6b, Article 8 as follows:

“6a. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for the violations as prescribed in Clause 6 of this Article that causing damage to property valued at less than VND 100,000,000.

6b. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for violations as prescribed in Clause 6 of this Article, causing damage to property from VND 100,000,000 or more in case the proceeding-conducting agencies have decided not to prosecute the criminal cases, cancel the decision on prosecuting the criminal cases, suspend investigations or suspend cases.”

c) To add Clauses 7a and 7b, Article 8 as follows:

“7a. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for the violations as prescribed in Clause 7 of this Article that causing damage to property valued at less than VND 100,000,000.

7b. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for violations as prescribed in Clause 7 of this Article, causing damage to property from VND 100,000,000 or more in case the proceeding-conducting agencies have decided not to prosecute the criminal cases, cancel the decision on prosecuting the criminal cases, suspend investigations or suspend cases.”

d) To amend and supplement Point b, Clause 8, Article 8 as follows:

“8. Remedial measures

b) Compelling to destruct animals and animal products if any of the violations prescribed in Points a and dd, Clause 4 and Clauses 5, 5a, 5b, 6, 7, 7a and 7b of this Article is committed.”

5. To amend and supplement some Points of Clause 3, Article 12 as follows:

a) To amend and supplement Point a, Clause 3, Article 12 as follows:

a) Enforced quarantine of aquatic animals and products thereof if any of the violations prescribed in Point a, Clause 2 (except for aquatic animal species) and Clause 1 of this Article is committed;”

b) To add Point dd, Clause 3, Article 12 as follows:

“c) Enforced destruction of aquatic animal species if the violation prescribed in Point a, Clause 2 of this Article is committed.”

6. To amend and supplement some Clauses and Points of Article 15 as follows:

a) To amend and supplement Clause 2, Article 15 as follows:

“2. A fine ranging from VND 6,000,000 to VND 7,000,000 shall be imposed for any of the following violations:

a) Bringing imported animals and animal products for processing exports at the establishments other than registered ones;

b) Import of animal products used as foodstuffs, without the manufacturer s name and manufacturer code on the packing labels in accordance with the list of enterprises of the countries eligible for exporting animal products to Vietnam;

c) Import of animal products used as foodstuffs, that the manufacturer s name and manufacturer code on the packing labels is contrary to the list of enterprises of countries eligible to export animal products to Vietnam;

d) Import of animal products used as foodstuffs, hat the manufacturer s name and manufacturer code on the packing labels is inconsistent with the information on the quarantine certificate of the exporting country.”

b) To add Clause 6a, Article 15 as follows:

“6a. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed upon the person who enters or transits the territory of Vietnam when carrying fresh, semi-processed or processed animal products from country or territory that is having dangerous animals diseases with that animal.”

c) To add Point c, Clause 7, Article 15 as follows:

“7. A fine ranging from 10% to 15% of the shipment’s value but not exceeding VND 50 million shall be imposed for any of the following violations:

c) Import of animal products with changes in color, taste, insect contamination, runny water that do not meet veterinary hygiene requirements.”

To amend and supplement Clause 10, Article 15 as follows:

“10. The following fines shall be imposed for transporting animal specimens and pathogens into the territory of Vietnam without permission of the competent veterinary authority:

a) A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for any of the violations which have not caused damage to property;

b) A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for any of the violations that causing damage to property valued at less than VND 100,000,000;

c) A fine of from VND 50,000,000 to VND 60,000,000 shall be imposed for any violation that causing damage to property from VND 100,000,000 or more in case the proceeding-conducting agencies have decided not to prosecute the criminal cases, cancel the decision on prosecuting the criminal cases, suspend investigations or suspend cases.”

dd) To amend and supplement Points b, c and e, Clause 11, Article 15 as follows:

“11. Remedial measures

b) Enforced destruction of animal products and/or pathology specimens if any of the violations prescribed in Point b, Clause 1; Point d, Clause 4 and Point 6a of this Article is committed;

c) Enforced re-export of animals/animal products if the violation prescribed in Point b, Clause 3 and Point d, Clause 5 of this Article is committed;

e) Enforced re-export or destruction of animals, animal products or pathology specimens if any of the violations prescribed in Clause 6; Point c, Clause 7; Clause 8; Clause 9 and Clause 10 of this Article is committed.”

7. To amend and supplement Clause 5, Article 17 as follows:

“5. Remedial measures

a) Enforced quarantine of animals/animal products if the violation prescribed in Clause 3 of this Article is committed (except for aquatic animal species);

b) Forced destruction of animals and animal products, for acts of violations specified in Clause 3 of this Article in case of being aquatic animal species; in case of quarantine again and detecting infected animals, animal products carrying dangerous infectious pathogens on the List of animal diseases subject to epidemic declaration.”

8. To amend and supplement some Clauses and Points of Article 20 as follows:

a) To amend and supplement Clause 10, Article 20 as follows:

“10. A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for transport, trading, storage or slaughter of animals, which have administered the tranquilizer inconsistently with the instructions of a drug manufacturer or the competent veterinary authority, to use as food.”

b) To amend and supplement Point b, Clause 12, Article 20 as follows:

“12. Additional penalties

b) Suspend the operation of the facilities for 01 - 03 months if any of the violations prescribed in Clauses 7, 8 and 9 of this Article is committed;”

c) To amend and supplement Points c, Clause 13, Article 20 as follows:

“13. Remedial measures

c) Enforced destruction of animals/ animal products if any of the violations prescribed in Clauses 5, 9, 10 and 11 of this Article is committed;”

9. To amend and supplement some Clauses of Article 33 as follows:

a) To amend and supplement Clause 7, Article 33 as follows:

“7. The following fines shall be imposed for production of each type of veterinary drug which is not on the List of veterinary drugs permissible for sales in Vietnam or which is not yet approved by competent authorities:

a) A fine ranging from VND 20,000,000 to VND 25,000,000 shall be imposed for production of each type of veterinary drug which is not on the List of veterinary drugs permissible for sales in Vietnam or which is not yet approved by competent authorities with a value less than VND 200,000,000 or gaining an illegal profit of under VND 100,000,000;

b) A fine of from VND 25,000,000 to VND 30,000,000 shall be imposed for the acts of production of each type of veterinary drug which is not on the List of veterinary drugs permissible for sales in Vietnam or which is not yet approved by competent authorities with a value from VND 200,000,000 or more or gaining an illegal profit of VND 100,000,000 or more in case the proceeding-conducting agencies have decided not to prosecute the criminal cases, cancel the decision on prosecuting the criminal cases, suspend investigations or suspend cases.”

To amend and supplement Clause 8, Article 33 as follows:

“8. A fine shall be imposed for production of each type of veterinary drugs on the List of veterinary drugs banned from use in Vietnam as follows:

a) A fine ranging from VND 40,000,000 to VND 50,000,000 shall be imposed for production of each type of veterinary drug which is not on the List of veterinary drugs banned from use in Vietnam with a value of less than VND 100,000,000 or gaining an illegal profit of under VND 50,000,000;

b) A fine of from VND 50,000,000 to VND 60,000,000 shall be imposed for the acts of production of each type of veterinary drug which is not on the List of veterinary drugs banned from use in Vietnam with a value from VND 100,000,000 or more or gaining an illegal profit of VND 50,000,000 or more in case the proceeding-conducting agencies have decided not to prosecute the criminal cases, cancel the decision on prosecuting the criminal cases, suspend investigations or suspend cases.”

c) To add Point c, Clause 10, Article 33 as follows:

“10. Remedial measures

c) Compelling to return the illegal benefits obtained from the violation mentioned in Clauses 7 and 8 of this Article.”

10. To amend and supplement some Clauses of Article 36 as follows:

a) To amend and supplement Clause 3, Article 36 as follows:

“3. The following fines shall be imposed for trading each type of veterinary drug which is not on the List of veterinary drugs permissible for sales in Vietnam or which is not yet approved by competent authorities:

a) A fine ranging from VND 10,000,000 to VND 12,000,000 shall be imposed for trading each type of veterinary drug which is not on the List of veterinary drugs permissible for sales in Vietnam or which is not yet approved by competent authorities with a value less than VND 200,000,000 or gaining an illegal profit of under VND 100,000,000;

b) A fine of from VND 12,000,000 to VND 15,000,000 shall be imposed for the acts of trading each type of veterinary drug which is not on the List of veterinary drugs permissible for sales in Vietnam or which is not yet approved by competent authorities with a value from VND 200,000,000 or more or gaining an illegal profit of VND 100,000,000 or more in case the proceeding-conducting agencies have decided not to prosecute the criminal cases, cancel the decision on prosecuting the criminal cases, suspend investigations or suspend cases.”

To amend and supplement Clause 5, Article 36 as follows:

“5. A fine shall be imposed for acts of trading each type of veterinary drugs on the List of veterinary drugs banned from use in Vietnam as follows:

a) A fine ranging from VND 25,000,000 to VND 50,000,000 shall be imposed for trading of each type of veterinary drug which is not on the List of veterinary drugs banned from use in Vietnam with a value less than VND 100,000,000 or gaining an illegal profit of under VND 50,000,000;

b) A fine of from VND 50,000,000 to VND 40,000,000 shall be imposed for the acts of production of each type of veterinary drug which is not on the List of veterinary drugs banned from use in Vietnam with a value from VND 100,000,000 or more or gaining an illegal profit of VND 50,000,000 or more in case the proceeding-conducting agencies have decided not to prosecute the criminal cases, cancel the decision on prosecuting the criminal cases, suspend investigations or suspend cases.”

c) To add Point d, Clause 7, Article 36 as follows:

“10. Remedial measures

d) Compelling to return the illegal benefits obtained from the violation mentioned in Clauses 3 and 5 of this Article.”

11. To amend and supplement some Clauses of Article 49 as follows:

a) To amend and supplement the title of Clause 3, Article 49 as follows:

"3. The Director-General of provincial Market Surveillance Agencies, the Director-General of the Market Surveillance Business Agencies of the Vietnam Directorate of Market Surveillance have the power to:”

a) To amend and supplement the title of Clause 4, Article 49 as follows:

"4. The Director-General of the Vietnam Directorate of Market Surveillance has the power to:"

12. To amend and supplement Article 50 as follows:

“Article 50. Determination of power to impose penalties of People’s Public Security Forces, Border Guard Forces, Coast Guard Forces, Customs Authorities and Market Surveillance Units

1. Competent persons of People’s Public Security Forces shall have the power to impose penalties for administrative violations, impose additional penalties and enforce remedial measures for administrative violations against regulations on veterinary medicine mentioned in Clauses 6, 7 and 8, Article 5; Clauses 3, 4, 5, 5a and 5b, Article 6; Point b, Clause 2 and Point a, Clause 7, Article 7; Clauses 3, 4, 5, 5a, 5b, 6, 7, 7a and 7b, Article 8; Point b, Clause 1, Clause 2 and Clause 4, Article 11; Clause 2, Article 12; Article 17; Clauses 4, 5, 6, 7, 8, 9, 10 and 11, Article 20; Articles 21, 22, 23 and 27; Clauses 7 and 8, Article 33 and Clauses 3, 4 and 5, Article 36 of this Decree within the ambit of assigned functions, tasks and power.

2. Competent persons of Border Guard Forces shall have the power to impose penalties for administrative violations, impose additional penalties and enforce remedial measures for administrative violations against regulations on veterinary medicine mentioned in Clause 6, Article 5; Clauses 3, 4, 5, 5a and 5b, Article 6; Point b, Clause 4 and Clauses 5, 5a, 5b, 6, 6a, 6b, 7, 7a and 7b, Article 8; Article 14; Clauses 1, 3, 4, 5, 6, 6a, 7, 8, 9 and 10, Article 15; Articles 16, 18 and 19; Clause 2, Article 37 and Clause 3, Article 38 of this Decree within the ambit of assigned functions, tasks and power.

3. Competent persons of Coast Guard Forces shall have the power to impose penalties for administrative violations, impose additional penalties and enforce remedial measures for administrative violations against regulations on veterinary medicine in coastal areas and the continental shelve of the Socialist Republic of Vietnam as mentioned in Clause 6, Article 5; Clauses 3, 5, 5a and 5b, Article 6; Clauses 5, 5a, 5b, 6, 6a, 7, 7a and 7b, Article 8; Clauses 2, 3 and 4, Article 11; Articles 12, 13 and 14; Point a, Clause 1, Points a and b, Clause 3, Clauses 5, 6, 6a, 7, 8, 9 and 10, Article 15; Articles 16, 17, 18 and 19; Clause 2, Article 37 and Clause 3, Article 38 of this Decree within the ambit of assigned functions, tasks and power.

4. Competent persons of Customs Authorities Forces shall have the power to impose penalties for administrative violations, impose additional penalties and enforce remedial measures for administrative violations against regulations on veterinary medicine mentioned in Articles 14, 15, 16, 18 and 19; Clause 2, Article 37; Clause 3, Article 38 and Clause, 1 Article 39 of this Decree within the ambit of assigned functions, tasks and power.

5. Competent persons of Market Surveillance Units shall have the power to impose penalties for administrative violations, impose additional penalties and enforce remedial measures for administrative violations against regulations on veterinary medicine mentioned in Clauses 6, 7 and 8, Article 5; Clauses 3, 4, 5, 5a and 5b, Article 6; Clauses 5 and 7, Article 7; Articles 8, 11, 12 and 17; Clauses 2, 4, 5, 6, 7, 8, 9, 10 and 11, Article 20; Articles 21, 22, 23, 24, 25, 26, 27, 34, 35, 36 and 40; Clauses 2 and 3, Article 42 of this Decree within the ambit of assigned functions, tasks and power.”

Article 3.

1. To repeal Point b, Clause 2, Article 19 and Point b, Clause 2, Article 20 of the Decree No. 31/2016/ND-CP dated May 06, 2016 of the Government on penalties for administrative violations against regulations on plant varieties, plant protection and quarantine.

2. To repeal Point d, Clause 13, Article 20 of the Decree No.  90/2017/ND-CP dated July 31, 2017 of the Government on penalties for administrative violations against regulations on veterinary medicine.

3. To replace the phrase “animal feed” by the phrase “animal feed, aquatic food” in Clause 6, Article 15; to replace the phrase "husbandry" by the phrase "husbandry, aquaculture” in Point a, Clause 9 and Clause 11, Article 20 of the Decree No.  90/2017/ND-CP dated July 31, 2017 of the Government on penalties for administrative violations against regulations on veterinary medicine.

Article 4. Effect

This Decree takes effect on February 18, 2020.

Article 5. Transitional provisions

For the administrative violations that are committed before the effective date of this Decree and discovered afterward or still in consideration, the regulations that are advantageous to the violators shall be applied.

Article 6. Implementation responsibility

Ministers, Heads of ministerial-level agencies, Heads of the Government-attached agencies, Chairpersons of the People’s Committees of central-affiliated cities or provinces shall be responsible for the implementation of this Decree./.