THE GOVERNMENT
Decree No. 90/2017/ND-CP dated July 31, 2017 of the Government on penalties for administrative violations against regulations on veterinary medicine
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on Actions against Administrative Violations dated June 20, 2012;
Pursuant to the Law on Veterinary Medicine dated June 19, 2015;
At the request of Minister of Agriculture and Rural Development;
The Government promulgates a Decree providing for penalties for administrative violations against regulations on veterinary medicine.
1. This Decree deals with violations, penalties, fines, remedial measures against administrative violations, the power to impose penalties against administrative violations and the power to make records of administrative violations against regulations on veterinary medicine.
2. The administrative violations against regulations on veterinary medicine prescribed in this Decree consist of:
a) Violations against regulations on prevention and control of animal epidemics;
b) Violations against regulations on quarantine of animals and animal products;
c) Violation against regulations on control of the slaughter of terrestrial animals; preparation and processing of animals and animal products; inspection of veterinary hygiene;
d) Violations against regulations on management of veterinary drugs;
dd) Violations against regulations on veterinary practice.
3. Other administrative violations against regulations on veterinary medicine which are not prescribed in this Decree shall be governed by other relevant Government's decrees on penalties for administrative violations within the scope of state management.
1. This Decree applies to organizations and individuals that commit administrative violations against regulations on veterinary medicine in the territory of Vietnam.
2. The persons entitled to make records of and impose penalties for administrative violations and relevant entities.
1. The entity that commits an administrative violation against regulations on veterinary medicine must incur a warning or a fine.
2. The entity that commits administrative violation may, subject to the nature and severity of the violation, face one or several additional penalties mentioned below:
a) Suspension of the license or the practicing certificate for a fixed period, consisting of: Veterinary practicing certificate; Certificate of veterinary hygiene or Certificate of food safety (hereinafter referred to as Certificate of veterinary hygiene); License to import veterinary drugs; Certificate of eligibility to manufacture veterinary drugs or Certificate of good manufacturing practice for veterinary drugs (hereinafter referred to as GMP Certificate); Certificate of eligibility to import veterinary drugs; Certificate of eligibility to trade in veterinary drugs;
b) Suspension of operations for a fixed period;
c) Confiscation of the exhibits and instrumentalities for committing administrative violation against regulations on veterinary medicine.
3. In addition to the remedial measures stated in Points a, b, c, d, D, e, g, h and I Clause 1 Article 28 of the Law on penalties for administrative violations, this Decree provides for the following remedial measures:
a) Enforced sampling and test for animal diseases;
b) Enforced quarantine of animals and animal products;
c) Enforced importation of animals and animal products through the prescribed border gates;
d) Enforced suspension of animal slaughter activities;
dd) Enforced killing of animals; enforced heat treatment of animal products; enforced veterinary hygiene inspection of animal products;
e) Enforced preparation and processing of animals and animal products;
g) Enforced re-export of animals and animal products;
h) Enforced treatment of animal products according to regulations on veterinary hygiene;
i) Enforced recall or recycling of veterinary drugs which fail to meet announced quality standards or equivalent technical regulations;
k) Enforced recall and destruction of veterinary drugs, veterinary drug ingredients, drugs for human and ingredients thereof;
l) Enforced labeling of veterinary drugs as per the law.
1. The maximum fine for a violation against regulations on veterinary medicine incurred by an individual is VND 50,000,000; that incurred by an organization is VND 100,000,000.
2. Each fine prescribed in Chapter II herein is imposed for an administrative violation committed by an individual, except for cases prescribed in Article 22, Clause 2 and Clause 3 Article 24, Clause 1 Article 28, Article 29, Article 30, Article 31, Article 32 and Article 33 herein. The fine incurred by an organization is twice as much as that incurred by an individual for the same administrative violation.
3. Fines imposed by the persons prescribed in Chapter III herein are incurred by individuals for their administrative violations. An authorized person may impose a fine which is twice as much as that is imposed on an individual.
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