Decree No. 04/2020/ND-CP amending the Decree No. 31/2016/ND-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 against regulations 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.”

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