Decree No. 26/2003/ND-CP on sanctioning administrative violations in the domain of plant protection and quarantine

No. 21 (10 4 ~IJO'.l) No. 22 ('10-4--20LU) THE GOVERNMENr DECREE No. 26/2003/ND-CP OF MARCH 19, 2003 ON SANCTIONING ADMINISTRATIVE VIOLATIONS lN THE DOMAIN OF PLANT PROTECTION AND QUARANTINE THE GOVERNMENT Pursuant to the December 25, 2001 Law on Organization of the Government; Pursuant to the July 25, 2001 Ordinance on Plant Protection and Quarantine; Pursuant to the July 2, 2002 Ordinance on the Handling of Administrative Violations; At the proposal of the Minister of Agriculture and Rural Development, DECREES: Chapter I GENERAL PROVISIONS Article 1.- Scope of regulation Administrative sanctions shall apply to individuals and organizations commfttfng i'ntentionally or unintentionally acts of violating the law provisions on the State management in the domain of plant protection and quarantine, which, however, do not constitute crimes, including: 1. Violations of regulations on the prevention and elimination of organisms that are harmful to plant resources 2. Viohtion:: of regulations on plant qu,ll"untinf:. 3. Violations of re~Julationc; m1 the mcinagemc,,nt of plant pn)tection druos. A1ticle 2.- Objects of application 1. Those who are betweQn full 14 years and under 16 years of age shall be administratively sanctioned for intentional administrative violations; those who are full 16 years of age or older shall be administratively sanctioned for all administrative violations committed by themselves in the domain of plant protection and quarantine prescribed in the legislation on s,rnctioning administrative violations and the provisions in Chapter II of this Decree. 2. Organizations shall be administratively sanctioned for all administrative violations committed by themselves in the domain of plant protection and quarantine. After abiding by the sanctioning decisions, the sanctioned organizations shall identify individuals at fault so as to determine their legal liability in accordance with law provisions. 3. Foreign individuals and organizations that commit administrative violations in the domain of plant protection and quarantine within ttle territory, exclusive economic zone arid continental shelf of the Socialist Republic of V\etn am sh al I be administratively sanctioned under the provisions of this Decree, unless othc1 wIStS ;"Jrovi--'!""Ci for by the ink)rnational ,.,.i:-eerr,ents wt1ich Vietnam has signed or acceded to. Article 3.- Principles for sanctioning administrative violations 1. The sanctioning of adminjsfrative violations in the domain of plant protection and quarantine must be effected by persons competent to sanction as specified in the Ordinance on the Handling of Administrative Violations and in Articles 19 and 20 of this Decree. 2 All acts of administrative violation in the domain of plant protection and quar·antine must be detected in tirnr: and slopped immGdiateJy. The sanctioning must be effected quickly, fairly ~md thoroughly; all Ul·I iCIAI CiJ\/..l..'111 No. 21 (10A<,1JU:.1) No. 22 (1O·4--·1.0u:~j r;onsEYJll1.mr.es entailed by dcinnnii,trntive vI11l;1\KH1!''. or cn11ln,t tlwir ;1ctc; must tH~ rr:mP-di1)(1 in accordar1cnw1th l.1w provi<,ioni; 6. Commitlin9 violations due to exception:i/11/ 3 An a(;t of ::idtninistrativn violation r,l1all be difficult pl1ul1b not causerJ by the violators. sanctioned only once; cIn individual comrn1tti11q rnany acts of mlrninistrntive violation shall he sanctioned for each violation act. If many individtwls comrnit one act of administrative violation, each of the viol;itors shall be s;inctioned. 4. The sanctioning of adrrnnistrative violations must be based on the nature and seriousness of the violations, personal identification of the violators, 7. Conrn1iltinq viot8tions due to ignorance Article 5.- 1\mravating circumstances ·J. Committing violations in an organizerJ manner. 2. Commfltfng repeated violations or recidivism in the sarne fields. aggmvating and extenuating circumstances so as to 3. Inciting and dragging minors to commit decide on the sanctioning form and level as well as violations, forcing materially or spiritually dependent handling measures in accordance with the provisions persons to commit violations. of this Decree. Cautions shall apply to minor, first-time violations or violations involving extenuating circumstances or to all administrative violations committed by minors aged between full 14 and under 16 years. 5. No administrative sanction shall be imposed in cases of emergency, legitimate self-defense or sudden events or if the violators are suffering from mental illnesses or other diseases which render them incapable of being aware of or controlling their acts. Article 4.- Extenuating Circumstances 1. Administrative violators have stopped, mitigated the harms ot tt1eir violations or voluntarily overcome consequences and pay compensation for the darrwge. 2. Administrative violators have vol11ntarily cunfesocd and shown honest mpent<"mce. 3 Committing violations in the '.>tale of bein~J rrn:11tally provokt,d by illegal acts of othnr·s. 4. Comrnitlin~J violations due to coerc1011 ur rrn:1t0ricJI or spiritual dependence. 5. Violators me pregnant wornc:n, old ;ind w,ink personi,, perc;on.s who siif/er tron1 di~••·i;1'-:c-,>, or· dis;1l)ilit1r•i>; wh1ct1 !fmit the11 cc.ip:11Jility i1<; ;I,,v:iru nf 4 Committing violations in the state of drunkenness as a resuJt of using a!coho/, beer or other stimulants. 5. Abusing ones' posts and powers to commit violations. 6. Taking advantage of war, natural calamity conditions or other exceptional difficulties of the society to commit violations. 7. Committing violations while serving criminal sentence-:; or abiding by decisions on sanctioning administrative violations. 8. Continuing acts of administrative violation though competent persons have ordered the stoppage of such acts. 9. HidintJ or concealing administrative violatio11s after cornrniltinn then1. Article 6.- Statute of lirnitutions for sanctioning :and tIrne limit tor be111g co1tsidered as not having been ,,anct1ont':!d fo1 adn1ini:1trative violations Tl1e statute of limitatiom~ for sanctioning In the dtimnin of pla11t protection and quarantine is one year ;.i>; tt-orn thn d;ite tlm rHlrn1111strative violations ,m, ,,on1mrttnd. Nu. 7.-1 ('I 0--4,<J()('J:'1) No. 2:c' ("I 0+t:00'.l) Of-llCl/\i. (;1\/llll The :; tatu tc of Ii m ita ti0 rHi tor :; a nct1 on in (J ;;-1drn inis tra ti w-, violDtion:; i 11 expmt, impor·t or f rJ1· administrative violations being ,-cicts of producing or trading in brn,rwd or fake plnnt protection drufls i:; two yea rs as from the date the c1drni n i stmtive viola lioi 1 :; are committed. The time limit for being considered ;:1s not h,wing been admini::;tratively sanctioned is one year as frorn the date the administratively sanctioned individuals or organizations completely serve the sanctioning decisions or the administratively sanctioned individuals or organizations shall be considered as not having been administratively sanctioned if they do not relapse into violations after the statute of limitations for executing the sanctioning decisions expires. A rticfe 7. ~ Sanctioning forms and re media I measures When sanctioning administrative violations under this Decree, the persons with the sanctioning competence shall apply only the principal sanctioning forms, additional measures and remedial measures concretely as.follows: 1. For each administrative violation, the violating individuals ororganize1tions shall be ,,ubject to one of Hie following principal sanctioning forms: a/ Caution; b/ Fine. The maximum amount of fine in the domain of plant protection and quarantine is VND :m,000,000. 2. The orgwiizations or individuals that co11m1it adrn in istrative violations shall, dependinn on the nature and seriousness of their violatiom\ also be ~-;ubjf:ct to ono Of scvmal ot tl:c ;:'!!lo1.vi11q uddi!ic:1'": sanctioning forms: a/ Stripping of the rinht tu I1r;c, ,is:,mled pi,rrnit:, for· 21~;suy of new pla11t p1·ut.-"ctii)1, dn1g:,, cr,tlilic:ti~::; nf prncticin'.J production, 1.1ruc: .. ,c;inq. nJ,ottii:,q p:xl<,l!J it 1q ,I! 1d/nr t1-r1dino in pl:int pmt(?ction cJnJ(lii, r11· ccrtific;1\l:!is of /.ll'ucticin!) sle,m1 r!i'.-,infection; h/ Cunfiscation of tile rrn.ih,rial evidences ,.wd rnerini; (11,c!rl for co1r1mit!in9 21dministrative violations in the durmiin of plant protection and quarat1tine. 3. J\p;;1rt from the sanctioning forms specified in Clauses 1 and 2 of this Article, organizations Dnd individuals committing administrative violations rna y be also compelled to apply one or several of the followinu remedic1I measures: a/ Forcible restoration of the original state which tias been altered by the administrative violations; b/ Forcible application of measures to overcome the environment<1I pollution or epidemic spread caused by administrative violations; c/ Forcible destruction of the plant qua ran tine-liable articles, which have been infectedwithVietnarn's plant quarantine objects or strange harmful organisms which cannot be isolated and eliminated in Vietnam: d/ Forcible bringing out of the Vietnamese territory or forcible re-export of the plant quarantine-•liablc articles and/or means, which have been infected with Vietnam's plant quarantine objects or strange harmful or~Jariisms which cannot be isolated and elirninated 1n ViP.ttum: el Forcible destruction of drugs, rnw materials thereof and plant protection drug paclrnges banned from use, not on the list of those permitted for use or for restricted use in Vietnam; plant protection dr-ugs which ,:~r(' fill<ed, of unclem origin or useless duP to expired w.,e cluration; fl 1:orcible brinqinq out of the Vietnamese territory or fmcibll· re-export of plant protection d n.1gs and raw 11iatf•1'ii.1lc; tJ1t:1eof, which are bs0111ned frorn use, not 011 the lisb of those pcmnitted for use and restricted w;e in \/1dnmn, plant prott\ction dru9s which c:m-; fake, of unclciDr rn·i;Jiri or useil')t,i, due to expired us,~ duration, ,irirl r:iw 111:11(,••i~k; of pl:,lllt prntndion d1·1111s with ,1divc i11'.!r,,ciif,11 I 1 ·u:1 i11111'., k!wr')t· th.:in the pn,0 ,-:u ibed kwel:,: Of-TICIAI .. GAZLl IL No. 2'1 (10-42003) No. 22 (rn-4--1003) g/ HJl"ciblc 1ci-prncosfiinn of druris and raw materials t!1,m:of of real quality inferior to that prescribed by the ~:;t;;ite Or9anizntions and individuals comrnittinfj administrative violations and thereby compelled to apply the rernedi,,ii measures shall have to bear all expenses incurred therefrom. Chapter II SANCTIONING FORMS AND LEVELS FOR ACTS OF ADMINISTRATIVE VIOLATION IN THE DOMAIN OF PLANT PROTECTION AND QUARANTINE Section A. SANCTIONING FORMS AND LEVELS REGARDING PLANT PROTECTION Article 8.~ Sanctioning forms and levels applicable to acts of violating· the reg ulatrons on prevention and elimination of organisms harmfuJ·to plant resources 1. A caution or a fine of between VND 100,000 and 300,000 for one of the following acts of violation: a/ Applying measures to prevent and eliminate organ is ms harmful to plant resources at variance with regulations: b/ Persons who are directly providing plant protection services have no professional qualifications in plant protection as pr·escribed by !aw; c/ Failing to apply the prescribed measures to pr·event and eliminate organisms harmful to plant resources as directed and ordered by competent State agencies. 2. A fine of between VND 300,000 and 700,000 for the following net: I3ringing out of epiclc➔mic-h it mec.1s plant resources infected with dangerously hannf11I organisms which l1ave bfJen announced as pests but not yd tre::1ted. 3. A fine of hro\W("r,n vr,.1D 7011,000 ::ind 1,(i00,000 on the following w;t: Transporting, tr·,,iciing in or using plant varfoties seriously infected with pesli, or dangerous harmful orga 11 i srn :, which lvivc been announced by competent State bodk-1s in chArge of plant protection and quarantine as pests in various regions in the country. ,i. A fine of between VND 1,500,000 and 5,000,000 for one of the following acts of violation: a/ Producing and storing plant varieties seriously infected with pests; b/ Multiplying and raising organisms dangerously harmful to plants. 5. Remedial measures: a/ Forcible destruction of p!a nt resources, dangerously harmful organisms or plant varieties, for acts of violation specified in Clauses 2 and 3, and at Point a, Clause 4 of this Article. b/ Forcible remedy of consequences entailed by the acts of violation specified at Points a and c, Clause 1 of this Article. Section 8. SANCTIONING FORMS AND LEVELS REGARDING PLANT QUARANTINE: Article 9.- Sanctioning forms and levels for acts of violating regulations on quarantine of exported, importecl and transited plants 1. A fine of between VND 500,000 and 1,500,000 for one of the following acts of violation: a/ FBiling to complete the prescribed procedures for plunt qumantine declaration before importing, exporting or transporting in transit plant resources; b/ n1·i11ning into the Vietnamese territory plant qumantit1(:••lii-lble mtides without plant quarantine cr-irtificato~, i:;:,ued by the exporting countries (except cuuntric:; 11<.winq no pla11t qu:,irantine agencicss) or not ynt q 1J;.11:rnti1'0.d :1t IIH; border q;.1tr,s. No ,.,, 1 (·l O·· ,1 ')/1'1 ')\ , in f I < .,/\/L•/ No. 2:! (i ()-4 .;:U(JJ) ? A fine of be1v1.-.>f,t1 VND ·1,500,000 and 3,000,000 c/ Forcibln destruction of 1,lc111t quarrnrline objects for one of \he followin9 acts of violations: or slr,mqe h~J1rnful u1w.rnistn::, lur acts of violation specified at Point a, Claw;e 1\ of this Article. a/ Failinp to inspect and quarantine plmit reso u rcei;; b/ Transporting in trnnsit plant resources without permission of competent plant quarantine agencies as pr·escrihed by Vietnamese laws; cl Transpo1iing in transit plant resources without plant qum,-mtine ceriificates issued by plant quarantine agencies of the places of origin (except countries having no plant quarantine agencies). 3. A fine of between VND 3,000,000 and 6,000,000 for one of the following acts of violations: a/ Making false dee laration, co ncea I ing or fraudulently exchanging plant quarantine-liable articles while the plant quarantine agencies are quarantining exported or imported goods lots; b/ Putting additionally goods or substituting goods already granted the plant quarantine certificates with unquarantined ones. 4. A fine of between VND 6,000,000 and 10,000,000 for one of the following acts of violation: a/ Bringing into thr, Vietnamese territory live objects· of plant quarantine or live harmful organisms without permission of the Minister of Agriculture and Ruml Development b/ Bringing into Vietnam soi! infected with harmful organisms. 5. Addition<1I sanctioning forms and re111e<lial measures: a/ Confiscation of plant quarantine certificate~, for acis of violatilJ11 ~µ(-:cified in Claus8 3 of thi~. A1 tick•, b/ Forcible bringin~J out of the Vietnamese territory or forcible rf.:·ex1lort of plant quarantine--liable c1rticlci,,, for acts of viobli,m ,;pr:cificci at fJointi, b, c, Cl; iu:•,t·, ) and Clau'.;e -1 of thi,; i'rtidc: Article 10.- Sanction1110 for·ms and levels applirnble to acts ot viobting the regulations on domestic plant qumantine 1. A caution or a fine of between VND 100,000 and 300,000 for· !tie following act of violation: Having no plant quarantine certificates issued by competent plant protection and quarantine State agencies of the departure places when bringing plant resources subject to plant quarantine out of epidemic r1it areas. 2. A fine of between VND 300,000 and 1,000,000 for the following act of violation: Transporting, loading and unloading plant resources infected with plant quarantine objects at variance with regulations. 3. A fine of between VND 1,000,000 and 2,500,000 for one of the following acts of violation: al Bringing plant quarantine objects to areas within the Vietnamese territory; b/ Failing to observe the re~Julations on treatment of articles infected with Vietnam's plant quarantine objects or strange harmful organisms; c/ Transporting and circulating plant resources which have been concluded to be infected with plant quarantine objects or strange harmful organisms but failing to strictly observe the regulations of competent planl qw:imntine agencies; d/ r-:ailing to abide by measures to zone off, block and eliminate niduses of harmful organisms subject to plant quarantine on orderc; of competent plant protection and quarantine State afJencies. ,J.. A fi11e of brtween VND 1,bU0,000 cllld 5,000,000 fo1· the followinq act of violution t li l lCI/\L G/\1.FTI L No ) / (10-ii 2003) No. 22 ("I O·A-?003) qtw1<.1nlirw- iiablt1 ;1diclc:,; pn,:,cribcd b; µlunt prescr·itmd uy pl,ml q11w·, 111linu ,1gencies: quarantine :1uencie.,; wl1to11 uxpni'tinu or irnportinq them. b/ Failing to d,~ciar·c to competent plant prot~~ction and qu.-1rrmli1w ::;tatc agfmck):, in the localitie,; where :5 /\ fine.: ofVND 1 G,000,000 forono of ttie following 1mporlnd pf:rni. v.,rndie,; me wown or us0d ach of violation a/ F,)ilinq to tl1orou9hly tmat T.G termites in storehou:10s, whict1 plant qucm.mtine arJcncies have detected and prescribed measures to kill them; b/ Failing to thomughly trecJt plant quarantine obj(~cts which plant quarantine agencies have ~~nnounced, detected and prescriberj measures to kill them in the process of product/011, processing, preservati011 .:1nd trnnsportation 6. A fine of VND 30,000,000 for the following act of violation: Transportinu pfantquarantine-fiabfe artfcfes which have been infected with T.G termites and not yet thoroughly treated though plant quarantine agencies have detected and prescribed measures to kill them. 7. Remedial measures: a/ Forcible application of measures to overcome envi ran mental pollution and spread of plant quarantine objects, for acts of violation specified in Clause 2, at Points u and ,~, Cbi..;;;e 3 of this Article; b/ Forcible destruction of articles seriously infected with TG termites, other plant quarantine objects already c:1nnouncecl in each particular place and at each parlicular tirne {if thornugh treatment is impossible), fm c1ct5 of vfolation specified in Clauses :) and 6 of this Article. Article "11.- Sanctioning forms c1nd level,, ;-1pplicable to acts of violt,ting r·e~Jll latiuns on µlant q11m~inti11r, of imported pl~mt v,11iotie:; ai1d w;efu/ 01w1nisms 1. A cautirm or n fine of bulwcun Vi'lll 200,000 ,1 r, 1 I '.iOO, 000 f(J r or I c 1,if th (' fol lnwi nq rn;t,; of viol ,J tion: 2. A fine of b£c)tween VND 1,000,000 and ~'l,000,000 for one of the followinn acts of violation: a/ Growing or producing new plant varieties which are imported for the first tirne pell(Jing the conclusions of plant quarantine agencies on their infection conditions; bf Failing to observe the regulations of the Min is try of Agriculture and Rural Development on the irnport, multiplication for raising and use of useful organisms; cl Failing to obse1ve the regulations of the Ministry of Agriculture and Rural Development on the period .tor monitoring harmful organisms for each group of imported plants. 3. A fine of between VND 3,000,000 and5,000,000 for the following act of violation: Importing and transiting plant varieties infected with strange harmful organisms or plant quarantine objects on Vietnam's list of plant quarantine objects. .-. . Additio, 1al : -•·- :: :mi nq forms and remedial measures: a/ Forcible destruction of plant varieties, for acts of violation specified in Gimme 3 of this Article; bl Confiscation of imported plant varieties, for acts of violation specified nt Point a, Cim1se 2 of this Article; c/ Forcible h1 inning out of Hie Vietnamese territory or forcible r·e-oxport ut imported plant varieties, for acts of violation sper;1fied in Cl,1l!se 3 of tl1is Article. Artie/El 12.- S,111ctinr1111q forms rind levels applicBble to c1cb or viol:-1iinn i·t,gulc1tio11 on ,,team di~;i11fedio11 No. ? 1 ( 10· 1L'UU3; No. /) ( i (1A-1UO~~) ( J1·-r1clA! G/\ll:ll[ for on,:: c,1 \11,1 fullowinq acts of violation: in Cbuse 3 of lhis Artidc; al r,1iiin9 to ~;et a steam disinfoctjon practice cc rti iicn tc•; bl The contingent of officials and technical workms fails to meet the steam disinfection requirement~; as prnscrib(➔d; cl 1:ililing to have technical processes, lacking means and equipment for pn,1cticing steam disinfection 8s prescribed; di Storehouses of disinfecting d1ernicals are not up to standards prescribed by competent agencies. 2 A fine of between VND 5,000,000 and 1 0, 000, 000 for one of the fol lowing acts of viol a tion: a/ Using steam disinfectants with their trade names not yet on the list of plant protection drugs permitted for use or restricted use in Vietnam; b/ Using steam disinfectants of inferior quality, without label!$ as prescribed, or of unclear origin; c/ Conducting steam dis(nfection at variance with prescribed technica/ processes. 3. A fine of between VND ·J0,000,000 and 20,000,000 for one of the following acts of violation: a/ Using ~team disinfectants on the list of ;:ilant protection drlJgs banned from use in Vietnam. b/ Using steam disinfectants at variance with regulations, adversely affecting the quality of steam disinfected articles or polluting the environrnent, adversely affecting the health of people 21nd dorn~stic animals. 4. Additional sanctioning for-rns and rernodial measures: a/ Stripping of the right. to t l'.·18 st(➔,m1 di~;infnr:tior1 practice certifirntes, for acts of violation spedfic~d ill Clause 3 of this Articie, which involvo ,1m:.1r,wutinq circun1 s t;:1 nces · bi f'orcitil(, applicc1tion of rntc;:1:-;urcs to ovt:r (;()tnr, environn1entr1I pollulim,, tN :·icts of ,;i<.olati(l:, :,p,~cifi(Hi cl Suspension of :;t:;:1i11 d:0,rnfedion nctivities, frn· act:-; of violation of Clar1°;e1: 1 ,1 nd ? of thii, /\rtic/e. Sectic>n C. SANC710NING f'-Of?MS ANO Lf:.VELS APPLICABLE TO THE MANAGEMENT OF PLANT PHOTFCTJON DRUGS Article 13.- .Sanct1on1ng forms and levels app!icable to acts of violatin9 the regulations on the production, processing, re-hott!ing ,md packaging of plant prot(~ction clrugs: 1. A fine of VND 1,000,000 and 2,500,000 for one of the following acts of violation: a/ Persons directly administering the production, processing, re-bottling and packaging of drugs have no practicing certificates or have expired prc:1cticing certificates; b/ Producing, processing, re-bottling or pae:kaging drugs without equipment and facilities to ensure hygiene, labor safety and tJeaJJ.h safety for peopJe, domestic animals and environment and to prevent and fight fires and explosions or with such equipment and facilities but they fail to ensure prescribed requirements. 2. A fine of between VN D 2,500,000 and 6,000,000 for one of the following aets of violation: a/ Producing, processing, re-bottling and packaging ci rugs not according to prescribed technoJogical processes; b/ Producing, prnces,,ing, re-bottling and packaging drugs without w:.,stc-1.reating systerns or with such systems tJul H1ey fail to ensure the rPf.Jt.11,,tions ol cnrnpde1·1t 1·,,1\lironrnent31 i:l~JCrtcies. 3. A fi1w of between VND 6,000,000 and 15, r JOO, 00 O tor on n of th ( 1 to! I 0 1Ni ng acts of vio lution: ili fJroducinn pnJr:;) ,;,:inq, re•rwtUinf~ and p;,1cl\,lDi11r.J druq;; not 011 u,,, · li1;l of pliln\ protnction Ci! TICI/\L. i..JA/L; n f: Nu :ti (1Cl4<~UOJ) No. 2:2 (HJ-'1.--'..WOJJ d1ug:; pcnrnlll'!ci for u:;c 01 rusliidud use 111 Vi,:t11rnn, violatinn :>Jwcified ut flc11nt:, b m1d c, Cl<.1us0] of thir; Article b/ P1·cHlucinq, pru1:cssin0, rn bottlinn and p,~ckaqing dru9s riot up to q1.1,1litc1tive ,md qt1antitativ0 •;tandcird,;, cl Producing, processing, rP.--bottl1n9 <111d pcickaging drugs not up to technical stamic:11ds as rc:gistered cltH.J inscribed 011 pm:kages: di Producing, processing, re-bottling and rackuging drugs composed of raw materials not of registered origin; e/ Producin9, processing, re-bottling and packaging drugs in glass ampoules. 4. A fine ofVND 30,000,000 for one of the following acts of violation: a/ Producing, processing, re-bottling and packaging drugs on the list of plant protection drugs banned from use in Vietnam, with a quantity of under 100 kg (or liters) of finished drugs; b/ Producing, processing, re-bottling and packaging fake drugs with a quantity equivalent to that of genuine drugs valued al up to under VND 30 million. Article 14.-- Sanctio11111rJ forms 21nd lovcls c1pplic:cible to acts of violating the regulations on trading in plant protection drugs and raw materials thereof: 1 A caution or a fine of between VND 200,000 and 500,000 for one of the following acts of violation. a/ Trading in drugs without prncticing certificates or with expired ones; b/ Trading in drugs without drug stores and storehouses or with such shops and storehouses but they fail to ensure prescribed requirements; c/ Trading in drugs and raw materials thereof together with animal feeds, food and foodstuff, drrnks, medicines, veterinary drugs and other consumer goods and supplies, except fertilizers: d/ Trading in drugs in glass ampoules; e/ Trading in drugs not on the lists of plant protection drugs permitted for use and restricted use in Vietnam, plant protection drugs which have expired use duration, fail to meet quality standards, or are of unclear origin, of a quantity of under 5 kg (or liters) of 5. Additional sanctioning forms and remedial finished drugs; measures: a/ Stripping of the right to use practicing certificates, for acts of violation specified in Clause 4 of this Article; b/ Confiscation of drugs and raw materials thereof, for acts of violation specified at Points c.1, d and e, Clause 3 of this Article; c/ Confiscation of drugs, raw rnateI"ials thereof und production means, for acts of violation specified in Clause 4 of U1is Articlt\ d/ Forcible destruction of drugs and raw rnatenc1ls thereof, for acb of violation '-'Pecified in Clause 4 of this Article; f/ Trading in drugs banned from use in Vietnam, of a quantity of under 1 kg (or liter) of finished drugs. 2. A fine of between VND 500,000 and 1,000,000 for one of the following acts of violation: a/ Trading in drugs and raw materials the1·eof not on tho lists of plant protection drugs permitted for use and restricted use in Vietnam, plant protection drugs wt1ich have expired use du1ation, bil to meet quality standards, or are of unclear origin, of a quantity of between b kg (or liters) and under 20 kg (or lilt)t·s) ot finished druw>: bf T1 ading in drugs hanned from use in Vietnam, of d qurn1!1ly of l;utwr)rnl ·1 and under 3 kg (iil1·)l'S) of fi111:-,l1ud dtli<J:,. No. 2 i (I 0--4- 200:-!) No. n. {HJ-4--?.oo:-1) OITlCIAL GA7J:llf:: 3. A fin0 of between VND i ,000,000 ai 1d J,UU0,000 b/ I racling in druus banned from use in Vietnam, for ono of tlw following acts of violation: of a quantity of between ·10 kg ( or liters) and under· 50 ;;i/ ·rr-adintJ in drugs :.:md raw materiak; thmcof not on the lists of plant protection drugs permi!ted tor use or restricted use in Vietnam, plant protection drugs which have expired use durntion, fail to tneet quality standards, OI' are of unclear origin, of ,1 quantity of between 20 kg (or liters) and under 100 kg (or liters) of finished drugs; b/ Trading in drugs banned from use in Vietnam, of a quantity of between 3 kg (or liters) and under 5 kg (liters) of finished drugs; c/ Trading in drugs divided by the violators themselves from large-quantity boxes into small bottles or packages; d/ Trading in drugs with quantities less than those inscribed on packages. 4. A fine of between VND 3,000,000 and 6,000,000 for one of the following acts of violation: a/ Trading in drugs and raw materials thereof not on the lists of plant protection drugs permitted for use or restricted use in Vietnam, plant protection drugs which have expired use duration, fail to meet quality standards, or are of unclear origin, 1Jf ,.;i quantity of between 100 kg ( or liters) and under 300 kg ( or liters) of finished drugs; bf Trading in drugs banned from use in Vietnam, of a quantity of between 5 kg ( or liters) and under 10 kg (liters) of finished drugs. 5. A fine of between VND 6,000,000 and 15,000,000 for one of the fol!owing acts of violation: a/ Trading in drugs and raw materials thereof not on the lists of plant protection drugs perrnittf!d for use or restricted use in Vietnam, plant protection drugs which have expired use dumtion, foil to meet quality kg (or liters) of finished drwis: cl hading in drug::; with expired use duration, dru~J failing to meet quality standards, of a quantity of 500 kg (or liters) or over. 6. A fine of between VN D 15,000,000 and 30,000,000 for one of the following acts of violation: a/ Trading in drugs and raw materials thereof not on the lists of plant protection drugs permitted for use or restricted use in Vietnam, drugs of unclear origin, of a quantity of between 500 kg (or Hters) and under 1,000 kg (or liters) of finished drugs: b/ Trading in drugs banned from use in Vietnam, of a quantity of between 50 kg (or liters) and under 100 kg (or liters) of finished drugs; cl Trading in fake drugs of a quantity equivalent to that of genuine drugs vaiued at up to under VND 30 million. 7. Additional sanctioning forms and remedial measures: a/ Stripping of the right to use practicing certificates, for acts of violation specified in Clauses 4, 5 and 6 of this Article; b/ Confiscation of drugs, for repeated violation acts specified at Points a, band c, Clause 1 of this Article; cl Confiscation of drugs, raw materials thereof, for acts of violation specified at Points d and e, Clause 1 and Point a, Clause 2, in Clause 3, Clause 4, Clause 5 and Clause 6of this Article; d/ Forcible destruction of dru 9s, for acts of violation specified at Point f of Clause ·1, Point b of Clause 2, Point b of 1-lause 3, P()int b of Clm1se 4, Point b of Cl,:1use 5 and Points band c of Clause 6 of this Article. standards, or are of imc:lnar orinin, of a qu;.intity of Article 15. - San t;(i on i 11 g forms and I ev~, I:, between 300 kg (c,r literr,) ,md under 500 kq (or lik1-s) upplicable to acti; oi viola ti 110 i'e9 u la lions on of tini:stled rln 1rr,· tr·:-111 :,; port,-Jtio n, pre sc rv::i tio 11 ,111 d u ~;e of p Ian t or+ ICIAI (;,A/[ r j[ No. :i.'1 ( iOA 1.llOJ) No 22. (1 U- 4.;1003) pi"Otf!Ctiort drugi; 1. A caution or ;:i fi11e of bt;1Wer~n VND 'IOO, 000 21 nd 200,000 for on c ( lf the following ;:1cts of vio lalio11: a/ Using, storin~J or pr·eserving plar1t protection drugs not on the lists of plant protection (fruns permitted for use or restricted u,,e in Vietnam, plant protection drugs with expired use dLiration; b/ F'ailing to ensure technical safoty requirements on transportation am.l prese1vation of drugs and raw materials thereof, prescribed for transport means cind storehouses: c/ Preserving, transporting drugs and raw materials thereof together with domestic animals, animal feeds, food, foodstuff, drinks, medicines, veterinary drugs and other consumer goods and supplies, except fertilize rs; d/ Transporting drugs on publfc transport means; el Using drugs contained in glass ampoules. 2. A fine of between VNO 200,000 and 500,000 for one of the following acts of violation: a/ Using plant protection drugs without ensuring technical requirements and isolation periods; b/ Using plant protection drugs banned from use in Vietnarn. drugs of unclear origin; c/ Using plant protection drugs permitted tor restricted u~;e on wrong obJects of prevention and elimination; d/ Using plant protection dru9s not for tl1e purposes of preventing and eliminating mganisms harmful to plant resources. 3. A fine of between VND 1,000,000 ancl 3,000,000 for the following act of violation U;;ing plant protE~ction dn.19 s ,:it vmiance with t(.;ctrnical req u irerne11 ts 8 nd p1e~;cr1bc:d 1,,0 lc1tio11 periods, thus cHIJ:,illH danw,1 to peoplt\ c<1ttl1.' ;ind po))u!in9 l1 n·) envi'ron111,st1L L/. A fine of betw,,,en VND :3,000,000 c1nd 6,000,000 lor tlw following ;:icts ()f violation: ul Transporting drugs and raw ma!eri.:ils thereof not on 1hfi lists of plant protection drugs µermitted for use or restricted use in Vietnam; b/Transporting drugs banned from use in Vietnam, of ,.l qw,mtily of up to 100 kg (or liters) of finished drugs. 5 Additional sanctioning forms nnd rernedial measures·. a/ Confiscation of drugs, for acts of violation specified at Point a of Clause 1, Points b and d of Clause 2, and Clause 4 of this Article; bl Forcible destruction of drugs, for acts of violation specified at Point b, Clause 4 of this Article; c/ Forcible application of mEJasures to overcome the environmental pollution, for acts of violation specified in Clause 3 of this Article. A rtic/e 16. - Sanctioning forms and I evels applicable to acts of violating regulations on itnport, export and assay of plant protection drugs 1. A fine of between VND 500,000 and 2,000,000 for one of the following acts of violation: ;a/ Falling to rnake registration for State inspection of quality when importing drugs and raw materials thereof; b/ Failing to mc1ke registration on time when being forced to make registration for State inspection of qu8/ily within the prescribed time limit. 2. A fine of between VND 2,000,000 and 6,000,000 for one of the following acts of violation: n/ Importing drugs or raw mat.erifJls thereof not on the 11~t of plant protection drugs permitted for u~;e in Vietnam without irnpmt permits of the Ministry or Ai]ricultt1re and Ru1·a1 Development; h/ ln1po1 lin9 druw, 1 ir raw matf,ri;,ils lliereof with c,;pl, ed u:·,u d1.11·,Jlio11, d1 U!,V' of uncfe,.ir migin, drugs No ') 1 (10 4- '.!00:1) :,Ju 2? (I 0-4--1.0iJJJ UF/-I('.I/\L Ci/Vr·r·rl: contained in qlasi; ampoules; c/ lrnportin~J rfrugs on the list of plnnt protection drugs permitted for I·estricted use in Victn::im .~t variance with the perrnits' contents; d/ Importing drugs and raw materials thereof of actuai quality lower than the State-prescribed quality. e/ Drugs ancJ raw materials thereof are r.ot in their original conditions when samples are taken for quality inspection; fl Part of whole of imported drugs and raw materials thereof are put into use pending the notification that the State inspection results show that they are of import quality; g/ Assaying new plant protection drugs at variance with the permits' contents. al Forcible dc:,truction m re--export of ciruqs ,.ind raw mate1·ic1ls U1emof, for acts of violation spccifi1Jd tit Points a and b of C!au~;e 2, Point a of Clmise 3 c1wi Clause 4 of this Article; b/ Forcible re-·procei,sing or re-export of drugs and raw materials thereof, for act:; of violation specified at Point d, Claw;e 2 of this Article: c/ Stripping of the right to use permits, foi- acts of violation specified at Point g, Clause 2 of this Article. Article 17.• Sanctioning forms and leveis applicable to acts of violating the regulations on information, advertisement and labels of plant protection drugs 1. A fine of between VND 1,000,000 and 3,000,000 3. A fine of between VND 6,000,000 and for one of the following acts of violation: 15,000, O 00 far one of the following acts of violation: a/ Importing drugs and raw materials thereof of inferior quality, violating compulsory regulations on safety, hygiene arid environmental protection; bl Importing drugs on the list of plant protection drugs permitted for restricted use in Vietnam without permits of the Ministry of Aoriculture .;-irid Hural Development; cl Deliberately shirking the State inspection of the quality of imported or exported drugs and raw materials thereof; a/ Information on and advertisements for plant protection-drugs, with their contents not yet approved by competent State agencies in charge of plant protection and quarantine; b/ Information on and advertisements for drugs not for the right prevention and elimination objects inscribed in th,➔ plant protection drug mgistration certificates; c/ Drug labels at varia nee with the contents of plant protection drug registration certlficates. 2. A fine of between VND 3,000,000 and d/ Assaying new plant protection drugs with 01.1 t .1 o, OOO, 000 for O 17 8 of the following acts O f vic;l,:ilion. permits. u/ Information on and advertiserner1ts for druns 4. A fine of VND 30,000,000 tor tr1(, followinrJ rict 11ot on the list of plant protection drugs pe1Tnitteu for of violation: u~,,ri in Vletnarn: lrnporting druns or raw rnater!ali; tt1ernof on the IJ/ Advertiscrncint~3 for druq::; on the list of plant li8l ot plant protection drugs b,mnc':1 trorn u,;r) in protection drugs permilti:'d fer restr·icted use in Vietnam, of a quantity of up to 100 kq (rn· liters). Vietm1m; cunently in cicculc1Uon on tile market. 3. A fine of between VND 10,000,000 ,rnd 2 O, 000, 000 for o; w of !he following acts of viol,~ tion · al Untrue adve1 tisements, advertisements for the wrong quality of rcgister(~d drugs; b/ Advertiscrnents with contents lowering the prestige and quafi(y of drugs of other individuals or organizations. 4. A fine of between VND 20,000,000 and 30,000,000 for the following act of violation: Advertising plant protection drugs banned frorn use in Vietnam. 5. Other viotations regarding goods labels shall be administratively sanctioned under the provisions of the Government's decrees on administrative sanctions in the domain of trade. 6. Additional sanctioning forms and remedial measures: Confiscation of drug labels and drugs with forged labels, for acts of violation specified at Point c, Clause . . 2 of this Article. Article 18,- Sanctioning forms and levels applicable to acts of violating regulation on administrative management over plant protection, plant quarantine and plant protection drugs: 1. A fine of between VND 1,000,000 and 3,000,000 for one of the following acts of violation: a/ Correcting or erasing the following papers: Permits for irnport of drugs on the list of plant protection druos permitted for restricted use in Vietnam; perrnits for irnport of drugs not on the list of plant protection di-uus pennitted for use in Vietnarn for assay or for use in fOl"eiqn-invested projects, for ' pt·ocessing ,rnd r·~•-export under· contr·,~r:ts r;iqnerl br 1tween ent,-:rpri.c;r.,,s and foreign pDrlner;;;: Nu. 21 (I 0--,1-2003) No. ?.2 ('1()-4-1003) P1.,rn1\ls for as::,ay of new pl,rnt prntcction 1Jruns; .. CertificatP.s of registration of plant prot~,ction dru9s in Vietnam; · Plant qumantinc certiticateG; Certificates of inspection of plant protection drug quc1lity or residues; Certificates of p racti ci n g the prod u tti on, processing, re-bottling, packaging or trading of plant protection drugs, practicing steam disinfection. b/ Obstructing and failing to satisfy the requests of plant protection and plant quarantine officers or specialized plant protection and quarantine inspectors on duty. 2. A fine of between VND 3,000,000 and 5,000,000 VND for one of the following acts of violation: a/ Letting others use one's own permits or practicing certificates; bl Threatening to use or using force against plant quarantine a11d plant protection officers, specialized pfant protection and quarantine inspectors on duty, but not seriously enough to be examined for penal liability. 3. A fine of between VND 3,000,000 and 10,000,000 for the following act of l/,b}ation: Making fa!se declaration in dossiers so as to apply for the granting of assorted papers specified at Point a, Clause 1 of this Article. 4 A fine of between VND 10,000,000 and 20,000,000 for the fo!!owing act of violatlon: Forging assorted papers specified at Point cl, Clause 1 of this Article !.i Additional sanctioning forrns and remedial :.~aripphl~J of the right to use: permits and/or pr:1cticing certificates, for acts of violation specified No. 21 \ 10 .. ,1. )003) Nu. ?.? (HH-2003) CJI.FICIAL GA/ETll: at Point a, Clausr, 2, and Clnui,0. 3 of thi:; /\rticle. Chapter Ill COMPETENCE TO SANCTION ADMINISTRATIVE VIOLATIONS IN THE DOMAIN OF PLANT PROTECTION AND QUARANTINE [)() p;J I 111 lC'llt sha II have th 0 rig ht: n/ lo issue cautions or i1•nposc fines of up to VND '.'l0,0D0,000 VND: b/ To strip of the right to use permits for ,;1ssay of plant protection drugs, certificates of registration of plant protection drugs in Vietnam, certificates of pmcticing the production, processing, 1e-botlling, packaging or trading of plant protection drugs, which are issued by the Plant Protection Sub-Departments Article 19.- Competence of specialized plant of provinces and centrally-run cities; and certifirntes protectlon and quarantine inspectors to sanction of practicing steam disinfection; a dm in is trative violations: 1. The plant protection and quarantine inspectors on duty shall have the right: al To issue cautions or impose fines of up to VND 200,000; bl To confiscate material evidences and means used for committing administrative violations, which are valued at up to VND2,000,000 arid apply remedial measures specified at Points a, b and d, Clause 3, Article 12 of the Ordinance on the Handling 01 Administrative Violations. 2. The Chief Inspectors of the Plant Protection Sub•-Departments of provinces and centrally-run dties sr1all have the right: a/ To issue cautions or impose fines of up to VND 20,000,000; bl To strip of the right to uso certificates of practicing the production, processing, re-bottling, packaging or trading of plant protection druns, wllid1 me issued by the Plant Protection :;ub-Departrnents of the provinces and centra\\y-run citiei;-, c/ To confiscate rrwterial evidcncf"" and rrv.•r1Iv, w;uJ for conrmitting adrninisi1•ative violat1011,; ,ll"ld apply remedial measures specified dt Points n, h: ,nd cl, Clause 3, /\rticle "12 of the Ordirvmc(J or, thti 1 lundling nf Administrative Viol8tion:;. cl To confiscate material evidences and means used for committing administrative violations and apply remedial measures specified at Points a, band d, Clause 3, Article 12 of the Ordinance on the Handling of Administrative Violations. Article 20.- Sanctioning competence of the presidents of the People's Committees of al/ levels 1. The presidents of the commune-level People's Committees shall have the right to issue cautions or impose fines of up to VND 500,000, to confiscate material evidences and means used for committing administrative violations, which are valued at up to VND 500,000, force the application of measures to overcome envi1 onmental pollution or spread of epidemics caused by administrative violations, force the destruction of articles !Kurnful to the health of people, plants and domestic animals. 2. The presidents of the district-leve! People's Committees shall have the right to issue cautions or imposes fines of up to VND 20,000,000, to confiscate evidences and means used for committing administrative violations and a rply remedia I measures specified at Points a, band ct, Clauses 3, Article 12 of the Ordinance on the I land Ii ng of Ad rninistrative Violc.1tiom,. 3 The presidc1\ls of the p1ovincial•-level People's C:urrnnittee~ st1all have the rinl1l to it,sue cautions OI' im110 i,o. fi r,e~ fm acts of ,td in in istra ti ve v io l3 tio n ',p1~ciliFni in t11i~, Uc)Ct-C,P 01-·r -1(; i/\L UA7.FnF No. 2·1 (HJ·.J.-2003) No. 22 (t 0-.;\--200:l) Artldi-1 2/ ... i;tinclioning computr:ncl) ol ou 1c1· ;;1w:nc1c:':',. l3~::;id•):, !he pnrsons sp(,cifiP.d in Article,: ! 9 and 2CJ of tl1i::; Decree,, the persons competent to irnpoi,8 i,i<:1nctiom, m, prc~,cribed in the Ordinance on the ~13ndlinq of Administrative Violations, when cletetting ,1cts of ::idrnini:,;trfJtive violation specified in this DE:cree that fal I wiU1 in the dam ain and scope of their respective management. sh;,)) have the right to impose sanctions according to their respective competence. Article 22,- Principles for determining the competence to sanr:tion administrative violations in tile domain of plant protection and quarantine 1. Where an administrative violation comes under the handling competence of many agencies, it shall be handlecJ by the agency which is the first to receive t/1e dossier thereof. cornputur1cc f;h,,11 he dc:t,,,·1nlncd on the fo1/owinq principle:;: n/ If the sanctioninf} fnnrn;; and levels p1·escribeu for oach of such acts n 11 fu 11 under the competence of the scinctionin9 person, the ~ ;,mctioning competence still rests with suc:h person: bl If !he sanctioning forms and levels prescribed fm each of such acts are beyond the competence of the sanctioning person, such person nwst transfer the case of violation to the level competent to sanction; c/ lf such acts fall under the sanctioning competence of many persons of different branch6~S, the sanctioning competence shall rest with the presidents of the People's Committees of the levels competent to sanction, of the places where the violations are committed. Article 23.- Authorization of the sanctioning of 2. The sanctioning competence of the persons administrative violations specified in Article 19 and 20 is the competence applicable to one act of administrative violation. Where the persons competent to hahdle In case of fines, the sanctioning competence shaJJ be determirwd on the basis of the maximum level of the fine tirncket prescribed for each specific act of violation Whe1 e, in arJdition to fines, ren1edi.;1I me3surcs of forcing !he bringing out of the Vietnamese territory or the re--~ixport of plant quarantine-liable articles , plant protection drugs and raw materials thereof, may be applied, the dossiers of the administrative violc.itions must be transferred to the provincial-level People's Committee presidents, the directors of the provincial/ mun id pd Cu" toms Dep8 rtrn c nts or the director of the Anti-Smuggling Investigation Oepartrnent under the General Department of Customs for handlinu accordint! to t\ll, competencri specified in Cl3ur,e (:i of /\!tfCj(~ JO, nt Point 0 of Ckwse J, /-'OiPl e of CidU:,(; 't, /\rticle :1/4 of tile Ordinance on the Han:Jlino of Administrative Violation"'· '.3 In q,1:;e of sanctioni110 onic,, pt·irso11 toi- cot mnillinq :ncH"1y ;.1ch ur .1e11nini»trc1tivn vicf,1tio1\ the s;m:.lioui11~J administrative violations, who are speclfied in Articles 19 and 20 of this Decree, are absent. their authorized deputies shafl have the competence to handle administrative violations and rnust be respot)sible for tl1eir decisions. Chapter IV PROCEDURES FOR SANCTIONING ADMINISTRATIVE VIOLATION$ IN THE DOMAIN OF PL.ANT PROTECTION ANO QUARANTINE Article 24.- Procedures for sanctioning ad In in is trntivo vi(ila lions: t . 1 : 1(: l lr0ced11 n·~ d t 1d ,lrcle1· for snnctioning agoin st administrative Violations in the domain of plant pn1tcction and quarantine sriall comply with the prnvi:,ions of Articll"; :)J, !A, !"i5, 136, 57 and 58 of the ()rd1nc1nc() on t!v, H:,ni.lli1l9 of Administrative 1/io/:iiions. No ?. ·: ( 10 4--)0il'.l) No. 2? (I ().,1 .. ?.OIJJ) :: . 0 rq Elf I izi'lti rn 1:, ::1 rid i1 1d i•1idua is in1 po::;ed with fine,; Shioill )lave to p3y them al tlw pl~lCE,,; SfJi:icifiod in the fininq 1.foci.sions and be entitied to get the fine receipt~ .. In 1·,iinote and iso(at~:d areas, on rivers m the i,ec.1, in m·f)af; wherci trnvfil is difficult or when beyond the working hours, tile sanctioned individual:; and orqcrnizations rm1y pay fines to the per':ions with 1!1e sanctioninn competenCf\ and they :,hall be entitled to refuse to pay fines if they are not given fo11c, receipts 3. Except for cases of cautions or fines of up to VND ·100,000, where the persons competent to sanction auministrntive violations shall issue on~spot fining decisions (according to stmple procedures), acts of administrative violation must be recorded in dossiers rnade ,md archived fully at the agencies with the sanctioning competence within the concurrently prescribed ti1ne limits. 4. When applying the forms of confiscation of material evidences and means involved in adi'ninistrative violations, the persons competeni to sanction administrative violations shall have to strictiy to How the procedures specified in Artide 60 of the Ordinance on the Handling of Administrative Violations. The disposal of confiscated material evidences and means involved in administrative viol21tions shall comply with thr; provisions in Article 61 of the Ordinance on the Handling of Adm inistmtive Violations. 5. The application of the sanctioning form of stripping of the right to use penniis or pmcticing certiticates rnust cornply with the provisions in Article 59 of the Ordinance on the Handling of Adrninistr-ative Violotion s. •;:,11:diorH •d for ,ldmi11 i~;tri.1tive viol~,t•nn::. ur,Jcr ti'i '; r·i,,r;o' ,:, :;i i:,:11 hnve lo strictly i1nplnmont tho ::;,,rictionii :u oec.:i:;inr·,s 111aue bi the pm~or 1,; with t11, , :-;,.111,. ii,11, i:1~1 ,-01,-,,r ,d,,11c1: wilhin the tinH~ limits spccifiQd in hnicic Gt\ of tile OrcJim111,.:c on the Handling of t\dm1ni:-;tra!iv,; \Ji O I i.l Ii() n:, ?.. If inclividu;;1ls or organizations s,mctionod tc,r ad( ni nistmtiw: v iolationr, fail to volu ntarHy abide by the sanctioning decisions, they shall be f<HC£!d to in:plement them with measures specified in Article 66 of Hie On:Jinanc," on the Handling of Administrative Violation. When applying measures of forcible ir1,plemenlation of decisions to sanction adrninistrative violations, the competent agencies or persons must follow the forcible implementation order and procedures p1·(-1scribed in Article 67 of U,e Ordinance on the Handlin9 of Administrative Violations. Artic:/e 26.- Application of measures to prevent od rn in istrative violations 1. To prevent in time administrative violations and ensure the handling of administfat'ive violations in the domain of plant protection and quarantine, the competent persons rnay apply measures to prnvent administrative violations in accordance with Article 43 of \11Q Ordinance on the Handling of Administrative Viulatio11s. 2. n1e competence, ordGr and procedures for t11e application of rneasures to p1·event administrative violalio:·,5 and io ensure Hie sanctioniny of cllirnil"iistra\ive violations in the domain of pia nt protection ::.m1 quc=Hantine sh,ill comply with the r1r0visioni, of Articles 41\. 45, 46, 47, 48 and 4!1 of the Ordina11ce on the Handling of J\dministrntive o. The regime of mur1a~Jernent and use of tiw \/iolationf,. cc,llecteci fm es for administrative vio !,,lions sh al I corn ply with tho !"(~~Julations of tile State Article 25,- 1 mrlernentation and fo1·c1 bif! ; rn ple men Li ti on of d cc 1 :,;ion:; o 11 s<.111 ct ion i nq :id :11 in i str otivr~ violation t, Chapter V COMPLAINTS, DENUNCIATIONS AND HANOUNG OF VIOLATIONS OFHCIAL C/\ZFf II: No. 21 (10-4··2003) No. 22 ("I 0--'i ·200J) ·1 Individuals mid ornm1izations that an-, sanctioned for cidrninistrativc violations or ttieir lawful wpresc,ntatives rnuy complain about deci,,iom; to sanction administmtive violationi,, decisioni; to apply tn(:asure:, to prevent and ensure the handling of admink,tr·ative violation:; 2 Citizens may denounce to competent State agencier; illegal acts committed in the handling of administrative violations in the domain of plant protection and quarantine. 3. The procedures, order, statute of limitations for complaints, and time-limits for settling complaints and denunciations shall comply with the law provisions on complaints and denunciations. Atticle 28.- Commendation Ind iv id u a Is and organizations that record achievements in the prevention and combating of administrative violations in the domain of plant protection and quarantine shall be commended and/ or rewarded according to the general regime of the State. It is strictly forbidden to use money collected from ad min is tra t ive violations or from the sale of confiscated material evidences and means for rewarding. Article 29.~ Handling of violations committed by persons competent to sanction administrative violations If persons competent to sanction administrative violations in the domain of plant protection and quarantine commit acts of harassment for bribes, tolerating or covering up violations, failing to handle, or handling them not in time, improperly or beyond their vested power, illegally possessing or using money, goods, material evidences and mem1s involved in tl1e violations, obstructing the lawful circul,ition of goods, thus causinn damaqc to organizations or individuals, they shall, depe11din9 on th n nntu re n 11ri S(, 1 i1 ,u.•-;nnss of their viol,1tio 11 s, i>e 0 itl I e 1 d i:,ci p Ii II e d or 1"x;;irni11Ad for penal liability; if c;;1usi11q rlatn,I[](!, th r:y sh ,,111 lvivf, to pay compensations therefor in m:cord,,111ce with the law provisions. Article 30.- Hmiciling of violations committed by persons :.-;anctionecl for administrative violations Jf pmsons sanctioned for administrative violations commit acts of opposing people on official duty, delaying or shirking the implementation of sanctioning decisions or other acts, they shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability; if causing damage, they shall have to pay compensations therefor in accordance with the law provisions. Chapter VI IMPLEMENTATION PROVISIONS Article 31.- Implementation effect This Decree takes effect 15 days after its publication on the Official Gazette. This Decree replaces the Government's Decree No. 78/CP of November 29, 1996 on sanctioning administrative violations in the domain of plant protection and quarantine. Article 32.- Guidance and implementation responsibilities The Minister of Agriculture ahd Rural Development shall be responsible for guiding the implementation of this Decree. Tile ministers, tl,e heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People's Committees of tile provinces and centrally-run cities ~.hall l1ave to irnpleirHillt tliis Decree. On behalf of the Government Prime Minister PHAN VAN KHAI