Decree No. 119/2013/ND-CP dated October 9, 2013 of the Government on sanctioning administrative violations in the terms of veterinary medicine, livestock breeds and livestock feeds

THE GOVERNMENT

Decree No.  119/2013/ND-CP dated October 9, 2013 of the Government on sanctioning administrative violations in the terms of veterinary medicine, livestock breeds and livestock feeds

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

Pursuant to Law on handling of administrative violations dated June 20, 2012;

Pursuant to Law onfisheriesdated November 23, 2003;

Pursuant to Ordinance on veterinary medicine dated April 29, 2004;

Pursuant to Ordinance on livestock breeds dated March 24, 2004;

Pursuant to the Government s Decree No. 08/2010/ND-CP dated February 05, 2010, on management of livestock feeds;

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

The Government promulgates Decree providing for sanction of administrative violations in the domains of veterinary medicine, livestock breeds, and livestock feeds,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree provides for acts of administrative violations, the sanctioning forms and levels, remedial measures, competences of sanction and making minutes on administrative violations in domains of veterinary medicine, livestock breeds, and livestock feeds (including fishery breeds, fishery feeds, products for environmental treatment and rehabilitation in fishery livestock and aquaculture).

2. Acts of administrative violations in the domains of veterinary medicine, livestock breeds, and livestock feeds specified in this Decree include:

a) Violations or regulations on disease prevention and treatment, animal-epidemic combat; quarantine of animals and animal products; control of slaughtering, preliminarily processing and processing animal products, veterinary hygiene inspection; management of veterinary drugs, veterinary-use bio-products, microorganisms and chemicals; products for environmental treatment and rehabilitation in fishery livestock and aquaculture; veterinary practice;

b) Violations of regulations on management and conservation of livestock gene sources; experiment of new livestock breeds; production, trading, export and import of livestock breeds; management of the quality of livestock breeds;

c) Violations of regulations on production and process of livestock feeds; trading, use of livestock feeds; export and import of livestock feeds; experiment of livestock feeds.

3. Other acts of administrative violations related to the domains of veterinary medicine, livestock breeds, and livestock feeds not specified in this Decree shall apply to the following Decrees:

a) Violations of regulations on goods banned trading; trading in smuggled goods; counterfeits; stamp, label, packages of counterfeits; goods with expired dates, undefined origin shall apply Decree on sanctioning administrative violations in domains of trading, production, and sale of counterfeits, the banned goods, and protection for consumers rights;

b) Violations of regulations on goods’ label; announcement of the applied standards; announcement of standard conformity; announcement of technical-regulation conformity shall apply Decree on sanctioning administrative violations in domain of standards, measurement and quality of products and goods;

c) Violations of regulations on advertisement shall apply Decree on sanctioning administrative violations in cultural, sport, tourism and advertisement activities;

d) Violations of regulations on re-export of animals, animal products, loading and unloading of goods, transport of animals, animal products improper with roadmap shall apply Decree on sanctioning administrative violations and enforcement of decision on sanctioning administrative violations in the customs area;

dd) Violations of regulations on food safety shall apply Decree on sanctioning administrative violations in domain on food safety;

e) Violations of regulations on opposing officials on duty shall apply Decree on sanctioning administrative violations in domain on security, social order and safety; social vices prevention; fire prevention and fighting; domestic violence prevention.

Article 2. Objects sanctioned on administrative violations

This Decree applies to organizations and individuals committing acts of administrative violations related to the domains of veterinary medicine, livestock breeds, and livestock feeds.

Article 3. Sanctioning forms, remedial measures

1. For each administrative violation in the domains of veterinary medicine, livestock breeds, and livestock feeds, organizations and individuals must suffer one of main sanctions being caution or fine.

2. Depending on the nature and seriousness of their violations, organizations or individuals committing administrative violations may also be subject to one or all of the following additional sanctioning forms:

a) Deprivation of the right to use permits or practice certificates or suspension of operation for a definite term;

b) Confiscation of material evidences and means used for commission of administrative violations in the domains of veterinary medicine, livestock breeds, and livestock feeds.

3. Apart from remedial measures specified in Points a, b, c, d, dd, e, g, h, i Clause 1, Article 28 of the Law on handling of administrative violations, individuals and organizations committing administrative violations may also be subject to one or many of the following remedies:

a) Forcible transport of animals, animal products according to guide of competent agencies;

b) Forcible quarantine or re-quarantine for animals, animal products;

c) Forcible destruction of sick animals, animal products carrying dangerous infectious pathogens;

d) Forcible change of use purpose for livestock breeds; animals, animal products; livestock feeds failing to meet quality according to standard announced for application or respective technical regulations;

dd) Forcible veterinary hygiene inspection for animal products not affixed seal, rolled seal of slaughtering control, veterinary hygiene stamp;

e) Forcible slaughtering for terrestrial animals getting dangerous infectious diseases; forcible processing preliminarily, processing for diseased fishery animals;

g) Forcible execution of veterinary hygiene processing measures for animals, animal products not ensuring veterinary hygiene;

h) Forcing livestock facilities to continue bringing up animals which have used banned substances until conduct inspection and see that banned substances are not residual on animals, then the facilities may sell or slaughter;

i) Forcible re-experiment for livestock feeds which executed in contravention with content and order of experiment;

k) Forcible re-production of veterinary drugs and livestock feeds which fail to meet quality according to standard announced for application or respective technical regulations;

l) Forcible relocation of the livestock, aquaculture facilities to places under the master plan of competent state agencies;

m) Forcible withdrawal of papers which are erased, modified content, use forged papers.

Article 4. Provisions on fine levels, sanctioning competence applicable to individuals and organizations

1. The maximal fine level in domains of veterinary medicine, livestock breeds applicable to the infringing individuals shall be 50,000,000 VND, applicable to the infringing organizations shall be 100,000,000 VND.

2. The maximal fine level in domains of livestock feeds applicable to the infringing individuals shall be 100,000,000 VND, applicable to the infringing organizations shall be 200,000,000 VND.

3. The fine levels specified in Chapter II, Chapter III and Chapter IV of this Decree are the fine levels applicable to individuals. The fine levels applicable to organizations are equal to twice of the fine levels applicable to individuals.

4. The competence to impose fines of titles defined in Chapter V of this Decree is the competence applied to an administrative violation of individual. In case of fine, the competence to impose sanctions for organizations shall be more than twice of the competence to impose sanctions for individuals.

Chapter 2.

ADMINISTRATIVE VIOLATIONS, SANCTIONING FORMS, REMEDIAL MEASURES IN DOMAIN OF VETERINARY MEDICINE

SECTION 1. VIOLATIONS INVOLVING DISEASE PREVENTION AND TREATMENT, ANIMAL-EPIDEMIC COMBAT

Article 5. Violations involving disease prevention and treatment for terrestrial animals

1. A caution or fine of between VND 300,000 and 500,000 shall be imposed on domestic animal owners conducting any of the following violations:

a) Failing to conduct vaccination or other compulsory disease prevention measures for animals to prevent diseases under list of diseases which must apply compulsory disease prevention measures;

b) Failing to comply with taking pathological samples for disease inspection and detection;

c) Failing to comply with compulsory vaccination or other compulsory disease prevention measures in areas of old epidemic nests, areas already and currently been threatened by epidemics.

2. A warning or fine of between VND 400,000 and 600,000 shall be imposed on domestic animal owners committing violation of failing to notify communal veterinary officials or local veterinary agencies upon doubting animals getting dangerous infectious diseases or upon detecting animals diseased or died too much without clear reason.

3. A warning or fine of between VND 500,000 and 1,000,000 for domestic animal owners conducting any of the following violations:

a) Intentionally using veterinary drugs not stated in list of veterinary drugs permitted circulating in Vietnam for animal-disease prevention and treatment;

b) Throwing animal bodies getting infectious diseases in places improper with regulations.

4. A fine of between VND 1,000,000 and 1,500,000 for one of violations of Intentionally erasing, modifying, falsifying content; buying, selling, hiring, borrowing certificate of inoculation for cattle and poultry.

5. A fine of between VND 1,500,000 and 2,000,000 shall be imposed on the concentrated livestock facilities, farms, facilities of production and trading in cattle and poultry breeds committing any of the following violations:

a) Failing to comply with taking samples for periodical test of diseases at facilities of breed production and trading;

b) Failing to isolate animals before joining in herd for feeding at the concentrated animal livestock facilities;

c) Bringing up newly animals in time provided for temporary husbandry suspension of the competent agencies;

d) Conducting the concentrated husbandry of cattle and poultry, the incubation and hatch of poultry eggs or trading in cattle, poultry at places not compliance with master plan or without permission of competent agencies.

6. A fine of between VND 2,000,000 and 3,000,000 shall be imposed on domestic animal owners committing violation on trading in breeds getting infectious diseases.

7. A fine of between VND 5,000,000 and 7,000,000 for violation of using veterinary drugs stated in list of veterinary drugs banned use for animal disease prevention and treatment.

8. Remedial measures:

a) Forcible destruction of animal bodies; remedy of environmental pollution for violations specified in Point b Clause 3 of this Article;

b) Forcible withdrawal of certificate of inoculation for violation specified in Clause 4 of this Article;

c) Forcible relocation of livestock facilities to locations in accordance with the master plan for violation specified in Point d Clause 5 of this Article;

d) Forcible destruction of veterinary drugs, breeds for violations specified in Point a Clause 3, Clause 6, and Clause 7 of this Article.

Article 6. Violations on epidemic fighting against terrestrial animals

1. A fine of between VND 1,000,000 and 1,500,000 shall be imposed on domestic animal owners committing any of the following violations:

a) Failing to isolate animals which are diseased, doubted of infecting epidemic diseases in epidemic time;

b) Pasturing the sick animals at common pastures;

c) Failing to conduct hygiene measures, disinfection for the rearing cages and environment; treating animal bodies and waste of animals infected epidemic disease at epidemic areas;

d) Failing to observe use of vaccination or other compulsory epidemic prevention measures in epidemic areas.

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

a) Taking out epidemic areas of livestock feeds, livestock tools, waste of animals which is able to spread epidemics;

b) Transport of animal infected epidemic disease which must be slaughtered or destroyed to places for slaughtering, destruction in contravention with guide of veterinary agencies;

c) Slaughtering, circulation, purchase and sale of animals, products of animals which are easy for infecting epidemic disease already announced in epidemic areas in contravention with guide of veterinary agencies.

3. A fine of between VND 3,000,000 and 4,000,000 for any of the following violations:

a) Putting animals, animal products which are easy for infecting epidemic disease already announced from the zone threatened by epidemic to the buffer zone or safe zone without certificate of quarantine.

b) Transporting across animal epidemic areas in which are easy for infecting epidemic disease already announced at such areas without permission of the provincial People s Committees where have epidemics;

c) Intentionally stopping means of transport of animals or releasing animals in areas already announced epidemic while they are only permitted to go pass;

d) Failing to conduct disinfection for means of transporting animal, animal products, wastes of animals, livestock feeds, other instruments related to animals after crossing epidemic areas;

dd) Using means to transport animals subject to compulsory slaughtering which are fail to satisfy conditions of veterinary hygiene;

e) Slaughtering, processing animals, animal bodies which are diseased, doubted to be diseased, animal products carrying infectious pathogens under list of diseases subject to epidemic announcement, in contravention with guide of veterinary agencies.

4. A fine of between VND 5,000,000 and 6,000,000 for any of the following violations:

a) Transporting, trading in animals, animal products infected diseases in areas threatened by epidemic, buffer zones;

b) Transporting the sick animals, animal products carrying infectious pathogens stated in List of diseases subject to epidemic announcement, out the epidemic areas already been announced or out the areas in which circulation has been compulsory limited;

c) Breeding or taking animals got dangerous infectious diseases out for sale while competent veterinary agencies have requested for compulsory slaughtering or destruction.

5. Remedial measures:

Forcible destruction of animals, animal products, livestock feeds, animal wastes for violations specified in Point a and Point c Clause 2, Point a and Point c Clause 3, Clause 4 of this Article.

Article 7. Violations on disease prevention, epidemic fighting against aquatic animals

1. A warning or a fine of between VND 300,000 and 500,000 for violation of failing to conduct disease prevention for aquatic animals.

2. A warning or fine of between VND 400,000 and 600,000 shall be imposed on livestock facility owners committing any of the following violations:

a) Failing to comply with taking samples for inspection, test to diagnose diseases, inspection on veterinary hygiene for commercial livestock facilities, facilities of aquatic breed production and trading;

b) Failing to report to local veterinary agencies upon detecting aquatic animals diseased or died too much without reason.

3. A warning or fine of between VND 500,000 and 1,000,000 shall be imposed on livestock facility owners committing any of the following violations:

a) Intentionally using veterinary drugs not stated in list of veterinary drugs permitted circulating in Vietnam for aquatic animal-disease prevention and treatment;

b) Processing environment upon happening epidemics in contravention with guide of veterinary agencies.

4. A fine of between VND 5,000,000 and 7,000,000 shall be imposed on livestock facility owners using veterinary drugs stated in list of veterinary drugs banned use for aquatic animal disease prevention and treatment.

5. Remedial measures:

Forcible destruction of veterinary drugs for violations specified in Point a Clause 3, and Clause 4 of this Article.

SECTION 2. VIOLATIONS ON QUARANTINE OF ANIMALS, ANIMAL PRODUCTS, SLAUGHTERING CONTROL, VETERINARY HYGIENE INSPECTION

Article 8. Violations on procedures for quarantine of animals and animal products

1. A warning or fine of between VND 300,000 and 500,000 for untruthful quarantine declaration about:

a) Quantity, volume, species of animals and kinds of animal products;

b) Origin of animals, animal products, use purpose, address of destination;

c) Result of disease prevention, result of animal test, animal products.

2. A warning or fine of between VND 500,000 and 700,000 for failing to declare quarantine upon transporting domestically animals, animal products stated in List of animals and animal products subject to quarantine.

3. A fine of between VND 1,000,000 and 1,500,000 for failing to declare quarantine upon conducting export, import, temporary import for re-export, temporary export for re-import, border-gate transfer, transit in Vietnam’s territory of animals, animal products stated in List of animals and animal products subject to quarantine.

Article 9. Violations on quarantine of terrestrial animals and animal products put into domestic circulation

1. A fine of between VND 1,000,000 and 1,500,000 shall be imposed on animal or animal product owners committing any of the following violations:

a) Failing to conduct hygiene, disinfection for place concentrating animals, animal products, means of transport before and after quarantine;

b) Avoiding quarantine of animals and animal products at focal quarantine stations on routes.

2. A fine of between VND 1,500,000 and 2,000,000 for any of the following violations:

a) Trading in animals, animal products improperly with purpose stated in certificate of quarantine;

b) Transporting animals, animal products on improper route as required upon crossing epidemic areas.

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

a) Swapping or changing quantity of animals, animal products which have been issued certificate of quarantine, with animals, animal products which have not yet been quarantined;

b) Transporting, trading in animals, animal products improperly with species, kinds, and quantity stated in certificate of quarantine;

c) Dismantling the seal of means of transporting animals, animal products or changing code of marking animals during transport.

4. A fine of between VND 3,000,000 and 4,000,000 for transporting, trading in animals, animal products stated in List of animals and animal products subject to quarantine, without certificate of quarantine.

5. Remedial measures:

a) Forcible transport of animals, animal products in accordance with guide of competent state agencies for violations specified in Point b Clause 2 of this Article; Pb) Forcible quarantine or re-quarantine for violations specified in Point a and Point b Clause 3, Clause 4 of this Article;

c) Forcible destruction of animals, animal products for violations specified in Clause 4 of this Article in case of through re-quarantine, detecting sick animals, animal products carrying dangerous infectious pathogens under List of diseases subject to epidemic announcement.

Article 10. Violations on quarantine of aquatic animals and animal products put into domestic circulation

1. A fine of between VND 3,000,000 and 4,000,000 for any of the following violations:

a) Transporting aquatic breeds out facility of aquatic breed production and trading without certificate of quarantine;

b) Transporting aquatic breeds in exceed of 10% of quantity or improperly with sizes stated in certificate of quarantine.

2. A fine of between VND 4,000,000 and 5,000,000 for any of the following violations:

a) Failing to conduct quarantine for commercial aquatic animals, aquatic animal products before putting out district in case where that district is announcing epidemic;

b) Bringing the diseased aquatic animals in areas announced epidemic out locality without processing under guide of competent agencies.

3. Remedial measures:

a) Forcible quarantine for aquatic breeds for violations specified in Clause 1of this Article;

b) Forcible destruction or preliminarily processing of aquatic animals for violations specified in Clause 2 of this Article.

Article 11. Violations on quarantine of animals, animal products imported, temporarily imported for re-export, temporarily exported for re-import, transferred border gate, transited in Vietnam’s territory

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

a) Importing animals, animal products by bringing along person or sending via post office with improper species, kinds, quantity volume or animal products in fresh and raw or preliminarily-processed form;

b) Failing to notify time of crossing border gate upon conducting import, temporary import for re- export, temporary export for re-import, border-gate transfer, or transit in Vietnam’s territory, of animals and animal products;

c) Failing to declare with animal quarantine agencies at export border gate for supervision over the re-export of consignment out Vietnam’s territory.

2. A fine of between VND 3,000,000 and 4,000,000 for import, temporary import for re-export, temporary export for re-import, border-gate transfer, transit in Vietnam’s territory of animals, animal products, with the invalid quarantine dossiers.

3. A fine of between VND 4,000,000 and 5,000,000 for any of the following violations:

a) Conducting import, temporary import for re-export, temporary export for re-import, border-gate transfer, or transit in Vietnam’s territory, of animals and animal products, at improper border gates;

b) Conducting import, temporary import for re-export, temporary export for re-import, border-gate transfer, transit in Vietnam’s territory, of animals, animal products of which species or kinds are not proper with those stated in certificate of quarantine;

c) Failing to notify competent veterinary agencies to monitor isolation for quarantine after animals, animal products are transport to the isolated locations for quarantine;

d) Bringing the import animals and animal products subject to monitoring isolation for quarantine to locations improper with the approved locations or bringing animals, animal products to the isolated places with an insufficient quantity in comparison with dossier of quarantine;

dd) Putting into use and trading for import animals and animal products in spite of failing to comply with time limit of monitoring isolation for quarantine.

4. A fine of between VND 5,000,000 and 6,000,000 for any of the following violations:

a) Allowing import animals which are not passed duration of isolation for quarantine; animals temporarily imported for re-export, transferred border gates, transited in contact with the breeding animals in Vietnam’s territory;

b) Failing to comply with measures of veterinary hygiene processing for animals, animal products which are imported, temporarily imported for re-export, temporarily exported for re-import, transferred border-gates, transited in Vietnam’s territory, without assurance of veterinary hygiene.

c) Failing to comply with measures of veterinary hygiene processing for animal bodies, wastes, fillers, leftovers of persons and animals, packages of animal products and other wastes during the course of transport;

d) Receiving or sending pathological samples not been packed, preserved, causing risk of spreading pathogens, environmental pollution.

5. A fine of between VND 10,000,000 and 15,000,000 for throwing animal bodies, wastes, leftovers, garbage, other items related to goods of import, temporary import for re-export, temporary export for re-import, border-gate transfer, transit in Vietnam’s territory, at places in contrary to regulation of veterinary agencies.

6. A fine of between VND 20,000,000 and 30,000,000 for import, temporary import for re-export, temporary export for re-import, border-gate transfer, transit in Vietnam’s territory of the sick animals, animal products carrying the dangerous infectious pathogen, residuals of hazardous substances, microorganism infection in excess of the allowed limitations, variety infection not in conformity with the national technical regulations of veterinary hygiene.

7. A fine of between VND 30,000,000 and 40,000,000 for any of the following violations:

a) Importing animals, animal products without certificate of quarantine of competent agencies of export countries;

b) Failing to comply with measures of veterinary hygiene processing according to decision of competent state agencies for animals, animal products infected pathogens in List of animal dangerous diseases, or list of diseases subject to epidemic announcement.

8. A fine of between VND 40,000,000 and 50,000,000 for violation of bringing out Vietnam’s territory, of pathological samples and pathogens to animals without quarantine, or written agreement of competent state management agencies.

9. Remedial measures:

a) Forcible re-export or destruction of animals, animal products for violations specified in Point b, Clause 3 of this Article;

b) Forcible re-export, destruction or compulsory slaughtering of the sick animals, animal products carrying dangerous infectious pathogens, residuals of hazardous substances for violations specified in Clause 6 of this Article;

c) Forcible heat treatment, transfer of use purpose for raw materials of livestock feeds, for animal products infected microorganisms in excess of the allowed limitations; forcible veterinary hygiene processing for animal products suffering variety infection, for violation specified in Clause 6 of this Article;

d) Forcible re-export or destruction of animals, animal products, animal bodies, animal wastes for violations specified in Point d Clause 4, Point a Clause 7, Clause 8 of this Article.

Article 12. Violations on using quarantine certificate of animals and animal products

1. A fine of between VND 1,000,000 and 2,000,000 for violations in hiring, borrowing quarantine certificate of animals and animal products.

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

a) Intentionally erasing, modifying, falsifying content stated in quarantine certificate of animals and animal products;

b) Using quarantine certificate of animals and animal products for many consignments.

3. A fine of between VND 10,000,000 and 15,000,000 for violation in using forged quarantine certificate of animals and animal products.

4. Remedial measures:

Forcible recall of quarantine certificates of animals and animal products for violations specified in Clause 2 and Clause 3 of this Article.

Article 13. Violations on slaughtering control of animals, preliminary processing, processing terrestrial animal products for trading

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

a) Slaughtering animals at places not be allowed by competent state agencies;

b) Slaughtering, preliminarily processing, processing animals, animal products while fail to ensure conditions of veterinary hygiene about facilities, equipment, tools, use water, participants;

c) Failing to register the slaughtering control with veterinary agencies.

2. Fine for slaughtering animals, preliminary processing, and processing animal products under the fine levels as follows:

a) A fine of between VND 3,000,000 and 4,000,000 for violations of failing to conduct hygiene for animals before slaughtering; failing to conduct hygiene, disinfection at slaughtering, preliminary processing places, animal cages; failing to treat fillers, wastes during transport and after each time of receiving animals for slaughtering, preliminary processing;

b) A fine of between VND 4,000,000 and 5,000,000 for violations of failing to separating animals which are diseased, doubted of getting diseases, infected diseases, or doubted of diseases infection, for slaughtering, or failing to comply with request of the slaughtering control officials involving separate arrangement, marking for products failing to meet standards of veterinary hygiene;

c) A fine of between VND 5,000,000 and 6,000,000 shall be imposed on violations of intentionally putting water or other substances into animals before and after slaughtering;

d) A fine of between VND 6,000,000 and 7,000,000 shall be imposed on violations of putting died animals, infectious sick animals in slaughtering facilities or dispersing the died animals, infectious sick animals when they have not yet been inspected and processed by the veterinary agencies;

dd) A fine of between VND 7,000,000 and 8,000,000 shall be imposed on violation of failing to conduct processing for animal or animal products failing to ensure veterinary hygiene;

e) A fine of between VND 8,000,000 and 9,000,000 shall be imposed on violation of slaughtering animals just been inoculated vaccine within less than 15 days;

g) A fine of between VND 9,000,000 and 10,000,000 for violations of slaughtering the animals, preliminarily processing, processing animal products, which are diseased, doubted of getting disease, infected disease, doubted of disease infection, which are diseases banned slaughtering, preliminary processing;

h) A fine of between VND 10,000,000 and 15,000,000 for violations of slaughtering the animals, preliminarily processing, processing animal products, which contain substances banned use in livestock;

3. Additional sanction forms:

Operational suspension of slaughtering facilities for 01 thru 03 months, for violations specified in Point g and Point h Clause 2 of this Article;

4. Remedial measures:

a) Forcible destruction of animals, animal products for violations specified in Points d, g and Point h Clause 2 of this Article;

b) Forcible veterinary hygiene processing for animals, animal products, for violations specified in Point dd Clause 2 of this Article;

c) Forcible change of use purpose of animal products used as livestock feeds for violations specified in Point c and Point e Clause 2 of this Article.

Article 14. Violations on veterinary hygiene in trading in animals and animal products

1. A fine of between 60% and 70% of the infringing animal product value, but not exceeding VND 50,000,000 for one of the following violations:

a) Trading in poultry meat, poultry products without seal of slaughtering control, packages, veterinary hygiene stamps at supermarkets, stores, single-line markets;

b) Trading in cattle meat, cattle products without seals of slaughtering control, veterinary hygiene stamps.

2. A fine of between 80% and 90% of the infringing animal product value, but not exceeding VND 50,000,000 for violation of trading animal products failing to meet standards of veterinary hygiene.

3. A fine of between VND 1,000,000 and 1,500,000 shall be imposed on violation of failing to execute regulations on veterinary hygiene conditions for places of preserving and trading in animals or animal products.

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

a) Instruments to display, tools to contain animal products which are fail to satisfy conditions of veterinary hygiene;

b) Trading in cattle meat, or poultry meat which is pumped water or other substances.

5. A fine of between 100% and 150% of the infringing animal product value, but not exceeding VND 50,000,000 for violation of trading in terrestrial animals which are diseased, died due to disease or products of such animals when the competent veterinary agencies have not yet inspected, and confirmed to be allowed for consumption.

6. A fine of between VND 10,000,000 and 15,000,000 for any of the following violations:

a) Trading in the sick animals under list of diseases subject to epidemic announcement;

b) Trading in products of animals subject to compulsory slaughtering in fresh and raw form;

c) Trading products of animals carrying dangerous infectious pathogens.

7. Remedial measures:

a) Forcible veterinary hygiene inspection for animal products which are not affixed seal, rolled seal of slaughtering control, veterinary hygiene stamp, for violation specified in Clause 1of this Article;

b) Forcible change of use purpose as livestock feeds for violations specified in Clause 2, Point b Clause 4 of this Article;

c) Forcible destruction of animals, animal products for violations specified in Clause 5, Clause 6 of this Article.

Article 15. Violations on veterinary hygiene conditions

1. A warning or fine of between VND 300,000 and 500,000 shall be imposed on violations of animal livestock when barns, farming tools, farming places fail to satisfy veterinary hygiene conditions.

2. A fine of between VND 1,000,000 and 1,500,000 shall be imposed on violation of transporting animals by the means unsatisfying veterinary hygiene conditions about cages area, no area of containing sewage, wastes during transport; transporting fresh and raw animal products by non-specialized vehicles or vehicles not eligible for preservation during transport.

3. A fine of between VND 1,500,000 and 2,000,000 shall be imposed on violation of failing to ensure veterinary hygiene conditions for places of concentration, loading and unloading, collection, purchase and sale of animal or animal products.

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

a) Facilities of concentrated animal livestock; production and trading in animal breeds not eligible for veterinary hygiene;

b) Facilities of testing, experimenting, diagnosing animal diseases; conducting surgery animal fail to be eligible for veterinary hygiene.

5. A fine of between VND 3,000,000 and 4,000,000 for violations at facilities of concentrated animal livestock; poultry incubation; animal slaughtering, preliminarily processing, processing, trading in animal products; producing breeds and breeding commercial aquatic products at a concentrated area without certificate of eligibility for veterinary hygiene.

6. A fine of between VND 4,000,000 and 5,000,000 for violations of possessing a certificate of production eligibility but failing to satisfy veterinary hygiene conditions for facilities of veterinary drug production.

7. A fine of between VND 6,000,000 and 8,000,000 for violations of veterinary drug production; products of environmental treatment and rehabilitation in livestock and aquaculture without a certificate of production eligibility or an eligible inspection minutes.

8. Additional sanction forms:

Operational suspension of facilities for 01 to 03 months, for violations specified in Clause 5 and Clause 7 of this Article.

SECTION 3. VIOLATIONS ON MANAGEMENT OF VETERINARY DRUGS; BIO-PRODUCTS, MICROORGANISMS AND CHEMICALS USED IN VETERINARY; PRODUCTS OF ENVIRONMENTAL TREATMENT AND REHABILITATION IN LIVESTOCK AND AQUACULTURE; VETERINARY PRACTICING

Article 16. Violations on production, processing, dividing veterinary drugs, bio-products, microorganisms and chemicals used in veterinary (hereinafter referred to as veterinary drugs); products of environmental treatment and rehabilitation in livestock and aquaculture

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

a) Having no dossier of production batch;

b) Failing to conduct quality inspection of raw materials, semi-products, finished products of veterinary drugs; products of environmental treatment and rehabilitation in livestock and aquaculture during the course of production;

c) Producing veterinary drugs; products of environmental treatment and rehabilitation in livestock and aquaculture without notification to competent state agencies upon changing components, formula, preparation form, usage route in comparison with the registration dossier;

d) Production facilities have no officials specialized in quality inspection of veterinary drugs; products of environmental treatment and rehabilitation in livestock and aquaculture, or person in charge of technique;

dd) Failing to store sample of veterinary drugs; products of environmental treatment and rehabilitation in livestock and aquaculture.

2. A fine of between 70% and 80% of the infringing product batch value, but not exceeding VND 50,000,000 for violations of producing each kind of veterinary drug; product of environmental treatment and rehabilitation in livestock and aquaculture:

a) Containing drug content in excess of allowed limitation in comparison with content stated in the label as announced or registered by producers and approved by competent agencies;

b) Possessingnet weightorfact volumein excess of allowed limitation in comparison with weight or volume stated in the label as announced or registered by producers and approved by competent agencies.

3. A fine of between 80% and 90% of the infringing product batch value, but not exceeding VND 50,000,000 for violations of producing each kind of veterinary drug; product of environmental treatment and rehabilitation in livestock and aquaculture:

a) Failing to satisfy standard, quality is changed about form such as being curdy, turbid, transformed color, deposited sediments, bedded, transformed shape;

b) Veterinary vaccines fail to satisfy one of three standards of sterilization, safety, validity.

4. A fine of between VND 8,000,000 and 10,000,000 for violation of producing each kind of veterinary drug; product of environmental treatment and rehabilitation in livestock and aquaculture by raw materials with undefined origin.

5. A fine of between VND 10,000,000 and 15,000,000 for violation of producing each kind of veterinary drug; product of environmental treatment and rehabilitation in livestock and aquaculture which are not named in List allowed circulation in Vietnam or without permission of competent agencies.

6. A fine of between VND 20,000,000 and 30,000,000 for violation of producing each kind of veterinary drug; product of environmental treatment and rehabilitation in livestock and aquaculture which contain banned substances in List of substances banned using in Vietnam.

7. A fine of between VND 30,000,000 and 40,000,000 for violation of producing each kind of veterinary drug; product of environmental treatment and rehabilitation in livestock and aquaculture which contain microorganisms banned using in Vietnam;

8. Additional sanction forms:

Deprivation of the right to use certificate of veterinary practice for 01 to 03 months, for violations specified in Clause 6 and Clause 7 of this Article.

9. Remedial measures:

a) Forcible recall, re-production of veterinary drugs, products of environmental treatment and rehabilitation in livestock and aquaculture, for violations specified in Clause 2 of this Article;

b) Forcible recall, re-production of veterinary drugs, vaccines, products of environmental treatment and rehabilitation in livestock and aquaculture, for violations specified in Clause 3, Clause 4, Clause 5, Clause 6 and Clause 7 of this Article.

Article 17. Violations on trading in veterinary drugs, raw materials to prepare veterinary drugs, bio-products, microorganisms and chemicals used in veterinary (hereinafter referred to as veterinary drugs); products of environmental treatment and rehabilitation in livestock and aquaculture

1. A fine of between VND 2,000,000 and 3,000,000 for violations of trading in veterinary drugs; raw materials to prepare veterinary drugs; products of environmental treatment and rehabilitationin livestock and aquaculture with ineligible location, warehouse, preservation equipment.

2. A fine of between VND 3,000,000 and 4,000,000 for any of the following violations:

a) Trading in veterinary drugs without certificate of trading eligibility;

b) Trading in veterinary drugs; products of environmental treatment and rehabilitation in livestock and aquaculture in combination with plant protection drugs, drugs for people, foods, and foodstuffs;

c) Trading in veterinary drugs; products of environmental treatment and rehabilitation in livestock and aquaculture without notification to competent state agencies upon changing location;

3. A fine of between VND 5,000,000 and 6,000,000 for any of violations of trading in each kind of veterinary drug; product of environmental treatment and rehabilitation in livestock and aquaculture:

a) Containing drug content in excess of the allowed limitation in comparison with content stated in the label as announced or registered by producers and approved by competent agencies;

b) Possessing net weight or fact volume in excess of the allowed limitation in comparison with weight or volume stated in the label as announced or registered by producers and approved by competent agencies.

4. A fine of between VND 7,000,000 and 8,000,000 for any of violations of trading in each kind of veterinary drug; product of environmental treatment and rehabilitation in livestock and aquaculture:

a) Failing to satisfy standard, quality is changed about form such as being curdy, turbid, transformed color, deposited sediments, bedded, transformed shape;

b) Veterinary vaccines fail to satisfy one of three standards of sterilization, safety, validity.

5. A fine of between VND 8,000,000 and 9,000,000 for violation of trading in each kind of veterinary drug; product of environmental treatment and rehabilitation in livestock and aquaculture which is not named in List allowed circulation in Vietnam or without permission of competent agencies.

6. A fine of between VND 9,000,000 and 10,000,000 for violation of trading in each kind of veterinary drug; product of environmental treatment and rehabilitation in livestock and aquaculture which contains the banned active ingredients in List of active ingredients banned using in Vietnam.

7. Additional sanction forms:

Deprivation of the right to use certificate of veterinary practice for 01 to 03 months, for violation specified in Clause 6 of this Article;

8. Remedial measures:

a) Forcible recall, re-production of veterinary drugs, product of environmental treatment and rehabilitation in livestock and aquaculture, for violations specified in Clause 3 of this Article;

b) Forcible recall, destruction of veterinary drugs, vaccines, products of environmental treatment and rehabilitation in livestock and aquaculture, for violations specified in Clause 4, Clause 5, Clause 6 of this Article.

Article 18. Violations on import of veterinary drugs, raw materials to prepare veterinary drugs, bio-products, microorganisms and chemicals used in veterinary (hereinafter referred to as veterinary drugs); products of environmental treatment and rehabilitation in livestock and aquaculture

1. A fine of between VND 4,000,000 and 5,000,000 for any of the following violations:

a) Import of veterinary drugs without certificate of circulation in Vietnam; raw materials to prepare veterinary drugs without permission of competent agencies or import of products of environmental treatment and rehabilitation in livestock and aquaculture which are not named in List allowed circulation in Vietnam or without written acceptance of competent agencies;

b) Import of raw materials to prepare veterinary drugs which are not proper with kinds already approved by competent agencies.

2. A fine of between VND 5,000,000 and 6,000,000 for violations of failing to comply with quality inspection of veterinary drugs; raw materials to prepare veterinary drugs; products of environmental treatment and rehabilitation in livestock and aquaculture, of competent state agencies.

3. A fine of between 80% and 90% of the product batch value but not exceeding VND 50,000,000 for violations of importing veterinary drugs; raw materials to prepare veterinary drugs; products of environmental treatment and rehabilitation in livestock and aquaculture, which do not satisfy quality standard.

4. Remedial measures:

a) Forcible re-export of veterinary drugs, raw materials to prepare veterinary drugs; products of environmental treatment and rehabilitation in livestock and aquaculture, for violations specified in Clause 1, Clause 3 of this Article if violations are detected at border gates;

b) Forcible recall, destruction of veterinary drugs, raw materials to prepare veterinary drugs; products of environmental treatment and rehabilitation in livestock and aquaculture, for violations specified in Clause 1, Clause 3 of this Article in case it is not able to re-export.

Article 19. Violations of license, certificate, report of testing in domain of veterinary;products of environmental treatment and rehabilitation in livestock and aquaculture

1. A fine of between VND 3,000,000 and 4,000,000 for violations of hiring, borrowing one of the following papers for production, trading, experiment, testing:

a) Licenses for testing or experiment of veterinary drugs; products of environmental treatment and rehabilitation in livestock and aquaculture;

b) Certificates of veterinary drug circulation; certificates of circulating products of environmental treatment and rehabilitation in livestock and aquaculture;

c) Licenses for import of veterinary drugs; raw materials to prepare veterinary drugs; products of environmental treatment and rehabilitation in livestock and aquaculture, of competent state agencies;

d) Report of quality test of competent state agencies.

2. A fine of between VND 4,000,000 and 5,000,000 for violation of intentionally erasing, modifying, falsifying content inscribed in one of the following papers:

a) Licenses for testing or experiment of veterinary drugs; products of environmental treatment and rehabilitation in livestock and aquaculture;

b) Certificates of veterinary drug circulation; certificates of circulating products of environmental treatment and rehabilitation in livestock and aquaculture;

c) Licenses for import of veterinary drugs; raw materials to prepare veterinary drugs; products of environmental treatment and rehabilitation in livestock and aquaculture, of competent state agencies;

d) Report of quality test of competent state agencies.

3. A fine of between VND 10,000,000 and 15,000,000 for violation of using forged papers specified in Clause 1of this Article.

4. Remedial measures:

Forcible withdrawal of papers for violation specified in Clause 2, Clause 3 of this Article.

Article 20. Violations on veterinary practice

1. A warning or fine of between VND 300,000 and 500,000 for any of violations involving practice of inoculation, diagnosis, surgery for animals, giving prescription, providing medical treatment and health care for animals, veterinary advisory services (hereinafter collectively referred to as the veterinary service practice):

a) Practicing improperly with trades, professional scope stated in certificate of practice;

b) Failing to comply with the regime of periodical or irregular report upon happening epidemics at the request of veterinary agencies;

c) Failing to participate in activities of disease prevention and epidemic combat for animals at the request of local authorities, veterinary agencies upon happening animal epidemics;

d) Having insufficient instruments for the practice, or instruments not ensuring veterinary hygiene.

2. A fine of between VND 500,000 and 1,000,000 for violations in hiring, borrowing the certificates for veterinary service practice.

3. A fine of between VND 1,000,000 and 1,500,000 for any of the following violations involving the veterinary service practice:

a) Using veterinary drugs not stated in list of veterinary drugs permitted circulating in Vietnam during practicing;

b) Using raw materials to prepare veterinary drugs for animal-disease prevention and treatment in contravention with regulations during practicing.

4. A fine of between VND 1,500,000 and 2,000,000 for any of the following violations involving the veterinary service practice:

a) Treating for the sick animals under list of diseases banned treating or infectious sick animals which must be destroyed, compulsorily slaughtered in accordance with regulations;

b) Treating for animals in epidemic zones or places having infectious sick animals without compliance with guides of veterinary agencies;

c) Using veterinary drugs, raw materials to prepare veterinary drugs which are banned using during practicing.

5. A fine of between VND 2,000,000 and 3,000,000 for violations in using the expired practice certificates.

6. A fine of between VND 3,000,000 and 4,000,000 for violations of erasing, modifying content of the practice certificates.

7. A fine of between VND 4,000,000 and 5,000,000 for violations of practicing production, trading, testing, experiment, export, import of veterinary drugs as follows:

a) Practicing improperly with trades, professional scope stated in the practice certificate;

b) Practicing improperly with location stated in the practice certificate;

8. A fine of between VND 3,000,000 and 4,000,000 for violation of practice persons specified in Clause 1of this Article; a fine of between VND 4,000,000 and 5,000,000 for violations of practice persons specified in Clause 7 of this Article upon not possessing the practice certificate.

9. A fine of between VND 10,000,000 and 15,000,000 for violations in using the forged practice certificates for practicing.

10. Remedial measures:

a) Forcible withdrawal of the practice certificates for violations specified in Clause 6, Clause 9 of this Article.

b) Forcible destruction of veterinary drugs, raw materials to prepare veterinary drugs for violations specified in Point a Clause 3, Point c Clause 4 of this Article;

c) Forcible animal destruction for violations specified in Point a Clause 4 of this Article.

Chapter 3.

ADMINISTRATIVE VIOLATIONS, SANCTIONING FORMS, REMEDIAL MEASURES IN DOMAIN OF LIVESTOCK BREEDS

Article 21. Violations on management and conservation of livestock gene sources in conservation zones

1. A fine of between VND 10,000,000 and 15,000,000 for violation of exploiting and using livestock gene sources in conservation zones in excess of the allowed limitation of the competent state agencies.

2. A fine of between VND 20,000,000 and 25,000,000 for violation of exploiting or using livestock gene sources in conservation zones without permission of the competent state agencies.

3. A fine of between VND 25,000,000 and 30,000,000 for violation of destroying livestock gene sources in conservation zones.

4. Additional sanction forms:

Confiscation of material evidences and means for violations specified in Clause 1, Clause 2 and Clause 3 of this Article.

Article 22. Violations on exploitation and conservation of precious and rarelivestock gene sources in conservation zones

1. A fine of between VND 3,000,000 and 5,000,000 for violation of exploiting and using precious and rare livestock gene sources in excess of the allowed limitation of the competent state agencies.

2. A fine of between VND 5,000,000 and 7,000,000 for violation of any term in the national technical regulations on exploiting or using precious and rare livestock gene sources.

4. A fine of between VND 10,000,000 and 15,000,000 for violation of destroying precious and rare livestock gene sources.

4. Additional sanction forms:

Confiscation of material evidences for violations specified in Clause 1, Clause 2 and Clause 3 of this Article.

Article 23. Violations on international exchange involving the precious and rare livestock gene sources

1. A fine of between VND 20,000,000 and 30,000,000 for violation of international exchange involving the precious and rare livestock gene sources inconsistently with the permission content of the competent state agencies.

2. A fine of between VND 40,000,000 and 50,000,000 for violation of international exchange involving the precious and rare livestock gene sources without permission of the competent state agencies.

3. Additional sanction forms:

Confiscation of material evidences for violations specified in Clause 1 and Clause 2 of this Article.

Article 24. Violations on experiment, test of new livestock breeds

1. A fine of between VND 3,000,000 and 5,000,000 for violations of conducting experiments, testing although there are not sufficient conditions of technical and material facilities or technical officials.

2. A fine of between VND 10,000,000 and 15,000,000 for violation of experimenting, testing in contravention with the process, content or scheme already approved by the competent state agencies.

3. A fine of between VND 30,000,000 and 40,000,000 for violations of announcing untruthful result of experiment, testing.

4. Additional sanction forms:

Operational suspension of experiment, testing facilities for 01 thru 03 months, for violations specified in Clause 3 of this Article.

5. Remedial measures:

Forcible correction of the experiment, testing results for violations specified in Clause 3 of this Article.

Article 25. Violations on livestock breed production and trading

1. A fine of between VND 1,000,000 and 3,000,000 for violations of producing and trading in livestock breeds without assurance of one of conditions of material facilities and technical equipment in accordance with regulations.

2. A fine of between VND 3,000,000 and 5,000,000 for violations of producing and trading in livestock breeds without dossier or recording in dossier of monitoring course of livestock breed production.

3. A fine of between VND 5,000,000 and 10,000,000 for violations of producing and trading in purebred, prototypal, parental or nucleus breeds without technical officials.

4. A fine of between VND 30,000,000 and 40,000,000 for violations of producing and trading in livestock breeds without recognition of experiment result.

5. A fine of between VND 40,000,000 and 50,000,000 for violation of producing or trading in livestock breeds which are not named in List of livestock breeds allowed producing and trading or without permission of competent state agencies.

6. Additional sanction forms:

Operational suspension of production and trading for 01 thru 03 months, for violations specified in Clause 3 and Clause 5 of this Article.

7. Remedial measures:

Forcible livestock breed destruction or slaughtering for violations specified in Clause 5 of this Article.

Article 26. Violations on production and/or trading of sperms, embryos, breeding eggs and larva

1. A fine of between VND 2,000,000 and 3,000,000 for violations of production and/or trading of sperms, embryos, breeding eggs and larva without the monitoring-breed books.

2. A fine of between VND 3,000,000 and 5,000,000 for violations of production and/or trading of sperms, embryos, breeding eggs (excluding poultry eggs, silkworm eggs and aquatic breeds) and larva without the technical officials who have been granted diplomas or certificate of training in artificial fertilization or embryonic inoculation.

3. A fine of between VND 6,000,000 and 8,000,000 for violations of producing and trading in sperms, embryos, breeding eggs and larva without assurance of one of conditions of material facilities and technical equipment in accordance with regulations.

4. A fine of between VND 10,000,000 and 15,000,000 for any of the following violations:

a) Producing sperms from cattle or poultry breeds which have not yet gone through individual productivity inspection;

b) Exploiting breeding eggs and larva not from purebred, prototypal, nucleus or grant-parental, parental breed stocks, except for case of exploitation in natural environment.

5. Remedial measures:

Forcible destruction of sperms, breeding eggs and larva for violations specified in Clause 4 of this Article.

Article 27. Violations on import of livestock breeds

1. A fine of between VND 10,000,000 and 15,000,000 for violation of importing livestock breeds inconsistently with the breed ranks, breed kinds as announced.

2. A fine of between VND 40,000,000 and 50,000,000 for violation of importing livestock breeds which are not named in List of livestock breeds allowed producing and trading in Vietnam or without permission of competent state agencies.

3. Remedial measures:

Forcible re-export or slaughtering, preliminary process, process or destruction of livestock breeds, aquatic breeds, for violations specified in Clause a, Clause 2 of this Article.

Article 28. Violations on livestock breed quality in trading

1. A fine of between VND 3,000,000 and 5,000,000 for violation of each economic and technical norm which is lower than the announced standard for goods batch with value of less than VND 50,000,000.

2. A fine of between VND 5,000,000 and 10,000,000 for violation of each economic and technical norm which is lower than the announced standard for goods batch with value of VND 50,000,000 or more.

3. Remedial measures:

Forcing to change purpose, not using as breed for violations specified in Clause 1, Clause 2 of this Article.

Article 29. Other violations in domain of aquatic breed production and trading

1. A fine of between VND 3,000,000 and 4,000,000 for each following violation:

a) Conducting aquatic breed nursery without technical officials or with technical officials having no certificate of training in suitable qualification;

b) Transporting breeds which have not yet reached the commercial rearing size in accordance with regulations out from facility without dossier, documents to prove of transport for aquatic breed nursery.

2. A fine of between VND 5,000,000 and 6,000,000 for each following violation:

a) Violation of regulations on number of reproduction or use time or the allowed time to put into reproduction of the key parental aquatic breeds;

b) Failing to inspection of disease test before letting reproduction for the key parental aquatic breeds.

3. A fine of between VND 10,000,000 and 15,000,000 for each following violation:

a) Allowing reproduction of parental aquatic breeds or production of and trading in parental aquatic breeds without technical officials possessing suitable professional diplomas or certificate;

b) Failing to conduct the quality inspection of import aquatic breeds.

4. A fine of between VND 30,000,000 and 40,000,000 for each following violation:

a) Location of aquatic breed production and trading is not based in the planning zone of locality or without permission of competent state agencies;

b) Using the parental aquatic breed stocks which fail to ensure quality.

5. Remedial measures:

a) Forcible destruction or change of use purpose, not using as breeds for violations specified in Point b Clause 4 of this Article;

b) Forcible relocation of aquatic breed production facilities for violations specified in Point a Clause 4 of this Article to the prescribed locations.

Article 30. Violations on certificate, written permission, license involving livestock breeds

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

a) Allowing others use one s own professional certificate involving livestock breed;

b) Hiring, borrowing, using others professional certificate involving livestock breed;

2. A fine of between VND 3,000,000 and 4,000,000 for violation of intentionally erasing, modifying, falsifying content of the following papers:

a) Professional certificate involving livestock breeds;

b) License for export, import of livestock breeds;

c) Decision on appointment of experiment, test of livestock breeds.

3. A fine of between VND 10,000,000 and 15,000,000 for violation of forging papers, dossiers to apply for papers specified in Clause 2 of this Article but not serious to the extent of being examined for criminal liability.

4. Remedial measures:

Forcible withdrawal of licenses, professional certificates for violations specified in Clause 2, Clause 3 of this Article.

Article 31. Violations of regulations on bio-safety in livestock

1. A fine of between VND 500,000 and 1,000,000 shall be imposed on farming livestock facilities committing any of the following violations:

a) Animal stables built inconsistently with technical requirement influencing to veterinary and environmental hygiene in livestock;

b) Infringing regulations on the livestock process influencing to food safety;

c) Failing to register, declare the livestock contents for domestic animals subject to registration and declaration.

2. Remedial measures:

Forcible execution of measures to remedy environmental pollution for violations specified in Point a Clause 1 of this Article.

Chapter 4.

ADMINISTRATIVE VIOLATIONS, SANCTIONING FORMS, REMEDIAL MEASURES IN DOMAIN OF LIVESTOCK FEEDS

Article 32. Violations on conditions for production and processing of livestock feeds

1. A fine of between VND 5,000,000 and 10,000,000 for violations of producing and processing livestock feeds without technical officials.

2. A fine of between VND 10,000,000 and 15,000,000 for any of the following violations:

a) Failing to have waste treatment system to ensure requirement on environmental hygiene;

b) Failing to have sufficient equipment to ensure requirements for facilities of livestock feed production and processing prescribed in the respective technical regulations;

c) Factories fail to ensure requirements for facilities of livestock feed production and processing prescribed in the respective technical regulations.

3. A fine of between VND 15,000,000 and 20,000,000 for violations of having no analysis and testing room for livestock feed quality or having no contract of hiring analysis and testing at other analysis room.

4. Additional sanction forms:

a) Operational suspension for 01 to 03 months, for case of repeating violations specified in Point a Clause 2 of this Article.

b) Operational suspension for 01 to 03 months, for violations specified in Clause 3 of this Article.

Article 33. Violations on production and processing of livestock feeds

1. A fine of between VND 5,000,000 and 7,000,000 for each following violation:

a) Failing to save experiment result in accordance with regulation;

b) Failing to save product sample in accordance with regulation;

2. A fine of between VND 10,000,000 and 15,000,000 for violations of producing and processing feeds which use each kind of expired raw materials.

3. A fine of between VND 15,000,000 and 20,000,000 for violation of producing, processing each livestock feed product which is not named in List of livestock feeds allowed circulating in Vietnam or without written permission of competent state agencies.

4. A fine of between 10% and 15% of the infringing goods batch value, but not exceeding VND 100,000,000 for one of the following violations of producing and processing livestock feed products:

a) Containing quantitative content of each main substance just obtaining level of between 90% and less than 95% in comparison with the standard already announced or stated in goods label;

c) Containing quantitative content of each substance causing safety loss prescribed in the national technical regulations in excess of between 5% and less than 10%.

5. A fine of between 15% and 20% of the infringing goods batch value, but not exceeding VND 100,000,000 for one of the following violations of producing and processing livestock feed products:

a) Containing quantitative content of each main substance just obtaining level of between 80% and less than 90% in comparison with the standard already announced or stated in goods label;

c) Containing quantitative content of each substance causing safety loss prescribed in the national technical regulations in excess of between 10% and less than 20%.

6. A fine of between 20% and 30% of the infringing goods batch value, but not exceeding VND 100,000,000 for one of the following violations of producing and processing livestock feed products:

a) Containing quantitative content of each main substance just obtaining level of between 70% and less than 80% in comparison with the standard already announced or stated in goods label;

b) Containing quantitative content of each substance causing safety loss prescribed in the national technical regulations in excess of 20% or more.

7. A fine of between VND 40,000,000 and 50,000,000 shall be imposed on facilities committed violation and continuing the production and processing of livestock feeds during time of suspension of livestock feed production and processing as prescribed by competent state agencies.

8. Remedial measures:

a) Forcible change of use purpose of all livestock feeds for violations specified in Clause 2 and Clause 7 of this Article; in case it is not able to change use purpose, forcible destruction;

b) Forcible recall, destruction of all livestock feeds for violations specified in Clause 3 of this Article;

c) Forcible re-production of all products to ensure quality standards as already announced or the national technical regulations (if any) for violations specified in Clause 6 of this Article; in case it is not able to re-product, change of use purpose or forcible destruction.

Article 34. Violations on conditions for trading in livestock feeds

1. A fine of between VND 500,000 and 1,000,000 for any of the following violations:

a) Having no store or trading head office;

b) Store, head office having no trading signboard;

c) Changing trading address without notification with competent state agencies.

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

a) Failing to have instruments, equipment, means to contain, store or transport of livestock feeds in accordance with regulations for each product kind;

b) Arranging livestock feeds jointly with veterinary drugs without separate area or cupboard, stall.

3. A fine of between VND 3,000,000 and 5,000,000 for violations of arranging livestock feeds jointly with plant protection drugs, fertilizers or other hazardous chemicals.

Article 35. Violations on trading in livestock feeds

1. A fine of between VND 5,000,000 and 10,000,000 for violations of trading in each expired livestock feed product.

2. A fine of between VND 10,000,000 and 15,000,000 for violation of trading in each livestock feed product which is not named in List of livestock feeds allowed circulating in Vietnam.

3. A fine of between 10% and 15% of the infringing goods batch value, but not exceeding VND 100,000,000 for one of violations of trading in livestock feed products:

a) Containing quantitative content of each main substance just obtaining level of between 90% and less than 95% in comparison with the standard already announced or stated in goods label;

b) Containing quantitative content of each substance causing safety loss prescribed in the national technical regulations in excess of between 5% and less than 10%.

4. A fine of between 15% and 20% of the infringing goods batch value, but not exceeding VND 100,000,000 for one of violations of trading in livestock feed products:

a) Containing quantitative content of each main substance just obtaining level of between 80% and less than 90% in comparison with the standard already announced or stated in goods label;

b) Containing quantitative content of each substance causing safety loss prescribed in the respective national technical regulations in excess of between 10% and less than 20%.

5. A fine of between 20% and 25% of the infringing goods batch value, but not exceeding VND 100,000,000 for one of violations of trading in livestock feed products:

a) Containing quantitative content of each main substance just obtaining level of between 70% and less than 80% in comparison with the standard already announced or stated in goods label;

b) Containing quantitative content of each substance causing safety loss prescribed in the respective national technical regulations in excess of 20% or more.

6. Remedial measures:

a) Forcible change of use purpose of all livestock feeds for violations specified in Clause 1 and Clause 2 of this Article; in case it is not able to change use purpose, forcible destruction;

b) Forcible re-production of all products to ensure quality standards as already announced or the national technical regulations (if any) for violations specified in Clause 5 of this Article; in case it is not able to re-product, change of use purpose or forcible destruction.

Article 36. Violations on using banned substances in livestock and production, processing of, trading in livestock feeds

1. A fine for the following violations:

a) A fine of between VND 5,000,000 and 10,000,000 for using the banned substances in livestock of peasant households;

b) A fine of between VND 10,000,000 and 20,000,000 for using the banned substances in farming livestock.

c) A fine of between VND 7,000,000 and 100,000,000 for using the banned substances in livestock feed production, processing and trading.

2. Additional sanction forms:

Operational suspension of the livestock feed production, processing and trading for 01 thru 03 months, for violations specified in Point c Clause 1 of this Article.

3. Remedial measures:

a) Forcing the livestock facility to continue rearing domestic animals used the banned substances until they are tested to not have residuals of the banned substance , after that they are allowed selling or slaughtering for violations specified in Point a and Point b Clause 1 of this Article; forcible destruction of domestic animals in case of repeating violations.

b) Forcing the infringing facility to destroy all the banned substances, livestock feeds with the banned substances for violations specified in Clause 1 of this Article.

Article 37. Violations on import of livestock feeds

1. A fine of between VND 15,000,000 and 20,000,000 for any of violations of importing livestock feeds:

a) Containing quantitative content of each quality norm just obtaining level of between 90% and less than 95% in comparison with the standard already announced or stated in goods label;

b) Containing quantitative content of each substance causing safety loss prescribed in the national technical regulations or in the announced standards in excess of between 5% and less than 10%.

2. A fine of between VND 20,000,000 and 30,000,000 for any of violations of importing livestock feeds:

a) Containing quantitative content of each quality norm just obtaining level of between 80% and less than 90% in comparison with the standard already announced or stated in goods label;

b) Containing quantitative content of each substance causing safety loss prescribed in the national technical regulations or in the announced standards in excess of between 10% and less than 20%.

3. A fine of between VND 30,000,000 and 40,000,000 for any of violations of importing livestock feeds:

a) Containing quantitative content of each quality norm just obtaining level of between 70% and less than 80% in comparison with the standard already announced or stated in goods label;

b) Containing quantitative content of each substance causing safety loss prescribed in the national technical regulations or in the announced standards in excess of between 5% and less than 10%.

4. A fine of between VND 40,000,000 and 50,000,000 for violation of importing each livestock feed product which is not named in List of livestock feeds allowed circulating in Vietnam or without written permission of competent state agencies.

5. A fine of between VND 70,000,000 and 100,000,000 for violation of importing each livestock feed product which contains the banned substances in List of livestock feeds banned production and circulation in Vietnam.

6. Remedial measures:

a) Forcible re-announcement of actual quality of products for violations specified in Clause 1, Clause 2 of this Article.

b) Forcible re-production of all import livestock feeds so as to ensure quality standards as already announced or the national technical regulations (if any) for violations specified in Point a Clause 3 of this Article; in case it is not able to re-product, forcible re-export or destruction.

b) Forcible re-export or destruction of all import livestock feeds for violations specified in Point b Clause 3 and Clause 4 of this Article;

d) Forcible re-export of all import livestock feeds for violations specified in Clause 5 of this Article.

Article 38. Violations on experiment of livestock feeds

1. A fine for any of violations of livestock feed experiment according to the following fine levels:

a) A fine of between VND 3,000,000 and 5,000,000 shall be imposed on experiment facilities which not ensure veterinary hygiene, environmental hygiene;

b) A fine of between VND 5,000,000 and 10,000,000 shall be imposed on experiment facilities which have no technical officials;

c) A fine of between VND 10,000,000 and 15,000,000 shall be imposed on experiment facilities which have insufficient material facilities, equipment in conformity with experiment of each livestock feed kind as registered.

2. A fine of between VND 15,000,000 and 20,000,000 shall be imposed on experiment facilities which fail to comply with process, content or scheme already approved by the competent state agencies.

3. A fine of between VND 20,000,000 and 30,000,000 for announcement of an untruthful experiment result.

4. Remedial measures:

a) Forcing to re-experiment the livestock feeds and pay all cost of experiment for violations specified in Clause 2 of this Article.

b) Forcible correction of the experiment results for violations specified in Clause 3 of this Article.

Chapter 5.

COMPETENCE TO MAKE MINUTES AND HANDLING OF ADMINISTRATIVE VIOLATIONS

Article 39. Competence to make minutes of administrative violations

1. Persons competent to sanction administrative violations specified in Articles 40, 41, 42, 43 of this Decree.

2. Animal quarantine, heads of stations, deputies of district-level veterinary stations, civil servants, public employees of veterinary, livestock, aquatic product, agricultural, forest and fishery quality management sectors, on their duties, upon detecting in domains of veterinary, livestock breeds, livestock feeds, have rights to make minutes of administrative violations for violations under their assigned missions and takes responsibility for making minutes.

Article 40. Competence of chairpersons of People’s Committees

1. The chairpersons of communal People’s Committees have rights:

a) To impose a warning;

b) To fine up to VND 5,000,000 in domains of veterinary, livestock breeds, and livestock feeds;

c) Confiscation of material evidences, means used for committing administrative violations with value not exceeding the fine level prescribed in Point b Clause 1 of this Article;

d) Application of remedial measures specified in Points a, b, c and dd Clause 1 Article 28 of the Law on handling of administrative violations.

2. The chairpersons of district-level People’s Committees have rights:

a) To impose a warning;

b) To fine up to VND 25,000,000 in domains of veterinary, livestock breeds; fine up to VND 50,000,000 in domain of livestock feeds;

c) To deprive the right to use licenses, practice certificate with a defined term or suspend operation with a defined term;

d) To confiscate material evidences, means used for committing administrative violations with value not exceeding the fine level prescribed in Point b Clause 2 of this Article;

d) To apply remedial measures specified in Points a, b, c, dd, e, h and i Clause 1 Article 28 of the Law on handling of administrative violations and remedial measures specified in Clause 3 Article 3 of this Decree.

3. The chairpersons of provincial People’s Committees have rights:

a) To impose a warning;

b) To fine up to VND 50,000,000 in domains of veterinary, livestock breeds; fine up to VND 100,000,000 in domain of livestock feeds;

c) To deprive the right to use licenses, practice certificate with a defined term or suspend operation with a defined term;

d) To confiscate material evidences, means used for committing administrative violations;

dd) To apply remedial measures specified in Points a, b, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on handling of administrative violations and remedial measures specified in Clause 3 Article 3 of this Decree.

Article 41. Competence of inspectorate

1. Inspectors, persons assigned execution of tasks of specialized inspection on veterinary, livestock, aquatic product, agricultural, forest and fishery quality management, on their duties, have rights:

a) To impose a warning;

b) To fine up VND 500,000;

c) To confiscate material evidences, means used for committing administrative violations with value not exceeding the fine level prescribed in Point b Clause 1 of this Article;

d) To apply remedial measures specified in Points a, c and dd Clause 1 Article 28 of the Law on handling of administrative violations.

2. The Chief Inspector or provincial Departments of Agriculture and Rural Development, directors of Sub-departments of veterinary, aquatic products, agricultural, forest and fishery quality management; heads of specialized inspectorate teams of the provincial Departments of Agriculture and Rural Development have rights:

a) To impose a warning;

b) To fine up to VND 25,000,000 in domains of veterinary, livestock breeds; fine up to VND 50,000,000 in domain of livestock feeds;

c) To deprive the right to use licenses, practice certificate with a defined term or suspend operation with a defined term;

d) To confiscate material evidences, means used for committing administrative violations with value not exceeding the fine level prescribed in Point b Clause 2 of this Article;

dd) To apply remedial measures specified in Points a, b, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on handling of administrative violations and remedial measures specified in Clause 3 Article 3 of this Decree.

3. Heads of the specialized inspectorate teams of the Ministry of Agriculture and Rural Development have rights:

a) To impose a warning;

b) To fine up to VND 35,000,000 in domains of veterinary, livestock breeds; fine up to VND 70,000,000 in domain of livestock feeds;

c) To deprive the right to use licenses, practice certificates with a defined term or suspend operation with a defined term;

d) To confiscate material evidences, means used for committing administrative violations with value not exceeding the fine level prescribed in Point b Clause 3 of this Article;

dd) To apply remedial measures specified in Points a, b, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on handling of administrative violations and remedial measures specified in Clause 3, Article 3 of this Decree.

4. The Chief Inspector of the Ministry of Agriculture and Rural Development, general director of the Directorate of Fisheries, director of Veterinary Department, director of Livestock Department, Director of National Agro-Forestry-Fisheries Quality Assurance Department have rights:

a) To impose a warning;

b) To fine up to VND 50,000,000 in domains of veterinary, livestock breeds; fine up to VND 100,000,000 in domain of livestock feeds;

c) To deprive the right to use licenses, practice certificates with a defined term or suspend operation with a defined term;

d) To confiscate material evidences, means used for committing administrative violations;

dd) To apply remedial measures specified in Points a, b, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on handling of administrative violations and other remedial measures specified in Clause 3 Article 3 of this Decree.

Article 42. Competence of People’s Public Security agencies

1. Soldiers of People’s Public Security on duty have rights:

a) To impose a warning;

b) To fine up to VND 5,000,000 in domains of veterinary, livestock breeds, and livestock feeds.

2. Chiefs of stations, teams or persons specified in Clause 1 of this Article have rights:

a) To impose a warning;

b) To fine up to VND 1,500,000 in domains of veterinary, livestock breeds, and livestock feeds.

3. Chiefs of commune-level police office have rights:

a) To impose a warning;

b) To fine up to VND 2,500,000 in domains of veterinary, livestock breeds, and livestock feeds;

c) To confiscate material evidences, means used for committing administrative violations with value not exceeding the fine level prescribed in Point b Clause 3 of this Article;

d) To apply remedial measures specified in Points a, c and dd Clause 1 Article 28 of the Law on handling of administrative violations.

4. Chiefs of district-level Public Security office; chiefs of professional divisions under the Traffic Police Department for roadway, railway, chiefs of professional divisions under Waterway Police Department; chiefs of the provincial divisions of public security including chief of police division for Investigating Crimes on Economic and Position Management Order, chief of waterway police division, chief of police division for prevention and combat of environment crimes have rights:

a) To impose a warning;

b) To fine up to VND 10,000,000 in domains of veterinary, livestock breeds; fine up to VND 20,000,000 in domain of livestock feeds;

c) To deprive the right to use licenses, practice certificates with a defined term or suspend operation with a defined term;

d) To confiscate material evidences, means used for committing administrative violations with value not exceeding the fine level prescribed in Point b Clause 4 of this Article;

dd) To apply remedial measures specified in Points a, c and dd Clause 1 Article 28 of the Law on handling of administrative violations and other remedial measures specified in Clause 3 Article 3 of this Decree.

5. Directors of the provincial Public Security Offices have rights:

a) To impose a warning;

b) To fine up to VND 25,000,000 in domains of veterinary, livestock breeds; fine up to VND 50,000,000 in domain of livestock feeds;

c) To deprive the right to use licenses, practice certificates with a defined term or suspend operation with a defined term;

d) To confiscate material evidences, means used for committing administrative violations with value not exceeding the fine level prescribed in Point b Clause 5 of this Article;

dd) To apply remedial measures specified in Points a, c, dd and i Clause 1 Article 28 of the Law on handling of administrative violations and other remedial measures specified in Clause 3 Article 3 of this Decree.

6. Director of Police Department for Investigating Crimes on Economic and Position Management Order, Director of Traffic Police Department for road and railway, Director of Waterway Police Department, Director of Police Department for prevention and combat of environment crimes have rights:

a) To impose a warning;

b) To fine up to VND 50,000,000 in domains of veterinary, livestock breeds; fine up to VND 100,000,000 in domain of livestock feeds;

c) To deprive the right to use licenses, practice certificates with a defined term or suspend operation with a defined term;

d) To confiscate material evidences, means used for committing administrative violations;

dd) To apply remedial measures specified in Points a, c, dd and i Clause 1 Article 28 of the Law on handling of administrative violations and other remedial measures specified in Clause 3 Article 3 of this Decree.

Article 43. Competence of other agencies in sanctioning administrative violations

1. Persons competent to sanction of customs agencies have competence to sanction administratively and apply remedial measures for administrative violations specified in this Decree and related to export, import of animals, animal products, veterinary drugs, livestock breeds, livestock feeds under their management fields, sectors as prescribed in Article 42 and Article 52 of Law on handling of administrative violations.

2. Persons competent to sanction of market management agencies have competence to inspect, make minutes on administrative violations, sanction administratively and apply remedial measures for administrative violations specified in this Decree under their management fields, sectors as prescribed in Article 45 and Article 52 of Law on handling of administrative violations.

3. Persons competent to sanction of other specialized inspectorate agencies have the right to inspect, make minutes on administrative violations, sanction administratively and apply remedial measures for administrative violations specified in this Decree under their management fields, sectors as prescribed in Article 46 and Article 52 of Law on handling of administrative violations.

Chapter 6.

PROVISIONS OF IMPLEMENTATION

Article 44. Effect

1. This Decree takes effect from November 25, 2013.

2. This Decree replaces the following Decrees:

a) The Government’s Decree No. 08/2011/ND-CP dated January 25, 2011, on sanctioning administrative violations involving livestock feeds.

b) The Government’s Decree No. 47/2005/ND-CP dated April 08, 2005, on sanctioning administrative violations in the domain of livestock breeds;

c) The Government’s Decree No. 40/2009/ND-CP dated April 24, 2009, on sanctioning administrative violations in the domain of veterinary.

Article 45. Transitional provisions

For administrative violations in domains of veterinary, livestock breeds, livestock feeds which happened before the effective day of this Decree and are detected after that or are being considered, settled, provisions beneficial for the infringing organizations and individuals are applied.

Article 46. Responsibility for implementation

1. The Minister of Agriculture and Rural Development shall guide in details, organize implementation of this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, chairpersons of People s Committee of provinces, central-affiliated cities shall implement this Decree.

On behalf of the Government

Prime Minister

Nguyen Tan Dung