Circular No. 68/2009/tt-Bnnptnt: Guide The Implementation Of A Number Of Articles Of Decree No. 40/2009/nd-Cp On 24/4/2009 Of Government Regulation On Sanctioning Administrative Violations In The Field Of Veterinary Medicine

Original Language Title: Thông tư 68/2009/TT-BNNPTNT: Hướng dẫn thi hành một số điều của Nghị định số 40/2009/NĐ-CP ngày 24/4/2009 của Chính phủ quy định về xử phạt vi phạm hành chính trong lĩnh vực thú y

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French veterinary command base on April 29, 2004;

Basing the Ordinance handling administrative violations in 2002 and Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008;

Pursuant to Decree No. 01/2008/ND-CP dated 03/01/2008 of the Government functions, tasks, powers and organizational structure of the Ministry of agriculture and rural development;

Pursuant to Decree No. 128/2008/ND-CP dated 16/12/2008 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations in 2002 and Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008;

Pursuant to Decree No. 40/2009/ND-CP on 24/4/2009 of government regulation on sanctioning administrative violations in the field of veterinary medicine;

The Ministry of agriculture and rural development, the guide details a number of articles of Decree No. 40/2009/ND-CP on 24/4/2009 of government regulation on sanctioning administrative violations in the field of animal health as follows: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. Scope: this circular detailed guidance on the form, time limits, competence, order and procedures of sanctioning administrative violations (VPHC) in the field of veterinary medicine and a number of acts in the veterinary field VPHC.

2. Objects: this circular apply to organizations and individuals, Vietnam; organizations, foreign individuals have activities related to the field of animal health on the territory of Vietnam.

Article 2. Apply the provisions of the relevant decree sanctioning administrative violations in the field of animal health 1. When sanctioning VPHC in the field of veterinary medicine, who has the authority to sanction applied forms, the sanction stipulated in Decree No. 40/2009/ND-CP on 24/4/2009 of government regulation on sanctioning administrative violations in the field of animal health (hereinafter the Decree No. 40/2009/ND-CP). In the case of acts not defined in VPHC Decree No. 40/2009/ND-CP's application form, the fine specified in the Decree of the Government of sanctioning VPHC state management in the field concerned.

2. The punishment of violations of regulations on prohibited goods business; smuggled goods business; violation of regulations on the label of the goods; business of counterfeiting; trading stamps, labels, packaging of goods; overdue cargo business use is made according to the provisions of articles 18, 22, 23, 24, 25, 26 of Decree No. 6/2008/ND-CP on January 16, 2008 Government's regulations on sanctions VPHC in commercial activity (hereinafter the Decree No. 6/2008/ND-CP).

3. Sanction the VPHC behavior related to the measurement, quality products, competent person sanction be applied the provisions of Decree No. 54/2009/ND-CP dated 11/6/2009-Government's regulations on sanctions in the field of VPHC standards, measurement and quality of product , commodities.

4. In addition to the decree referred to in clause 2, 3 this authority, sanctions in the field of veterinary medicine VPHC has the right to apply sanctions, the form specified in the Decree of the Government of sanctioning VPHC in areas of governance are concerned.

Article 3. Time sanctioning administrative violations 1. Time limits sanctions in the field of veterinary medicine VPHC is one year, from the date the VPHC is made, i.e. behavioral VPHC day was discovered and authorities established the VPHC thereon as provided by the law against violators.

2. The VPHC behavior related to export, import and export of animals, animal products, veterinary drugs; the production and trading of fake veterinary drugs the time sanctions are two years, include: a) violations of the provisions on animal quarantine, animal product export, import, re-export, import export temp re enter, transfer, transit the territory of Vietnam are stipulated in article 14 of Decree No. 40/2009/ND-CP;

Violations of the regulations on imported materials, veterinary drugs veterinary drugs are prescribed in article 20 of Decree No. 40/2009/ND-CP;

Business behavior of fake veterinary drugs are prescribed in paragraph 7 article 24 of Decree No. 03/2008/ND-CP.

Chapter II FORMS of SANCTIONING ADMINISTRATIVE VIOLATIONS in the FIELD of veterinary medicine article 4. The main sanctions 1. Caution: form a) form of caution is applied only with respect to the acts which the VPHC Decree No. 40/2009/ND-CP of prescribed form of caution with regard to the behaviour and when there are extenuating circumstances such as the VPHC is first, small scale, not significant; VPHC due to backward, not understanding the rules of law of that violation.

VPHC first veterinary field is the case of organisations, individuals not previously sanctioned VPHC in the field of veterinary medicine or have sanctioned VPHC in veterinary field but was too a year from the day the decision done executive sanction VPHC or from most time limits enforced sanctions decision without re-offending.

b) When sanctioning the violations specified in clause 1 article 9, paragraph 1 article 17, paragraph 1 article 24, paragraph 1 article 27 of Decree No. 40/2009/ND-CP, who has authority to sanction VPHC level base, personal violators to apply this form of caution or a fine.

2. Shape: a) fine was imposed under framework of penalties are prescribed for acts that VPHC.

b) in the field of animal health, the fines are prescribed from 50,000 VND to 40,000,000 VPHC behavior for a bronze.

Article 5. The form of the additional penalties 1. Confiscated exhibits, the means used to VPHC is additional sanctions, applied accompanied by sanctions. State management in the field of animal health, the specific case of being applied confiscated exhibits, the media is regulated in Decree No. 40/2009/ND-CP.

While performing the VPHC sanction, sanction authority not be arbitrarily applied sanctions supplements confiscated exhibits, the means used to implement the Decree of the Government if the VPHC is not regulated.

2. Deprived of the right to use the license, certificate of practice in the field of veterinary medicine is the additional sanctions to be applied, accompanied the main sanctions in individual cases, serious violation of organization terms of use license, the certificate of practice.

Deprived of the right to use the license, certificate of practice is applied has no time limit or time limit and are prescribed for specific VPHC behavior, depending on the nature and extent of the violation.

3. In addition to the fines, additional penalties form stated above, individual organizations can also be VPHC apply one or more remedial measures specified in paragraph 3 article 7 Decree No. 40/2009/ND-CP.

The remedial measures must apply the enclosed forms the main penalty, unless the person has the authority to punish VPHC too time limit decision sanctioning under the provisions of article 56 of the Ordinance treats VPHC in 2002. In the absence of a decision to sanction the sanctioning authority can still apply remedial measures prescribed in paragraph 3 article 7 Decree No. 40/2009/ND-CP for the VPHC.

Organizations and individuals violating must bear all costs to implement remedial measures.

Chapter III a NUMBER of ADMINISTRATIVE VIOLATIONS in the FIELD of veterinary medicine article 6. Violations of the provisions on prevention, cure diseases, fight disease for animals 1. Violating the regulations on prevention, cure for animals on land: a) the violations specified in point c clause 2 article 9 of Decree No. 40/2009/ND-CP be understood behavior is not in compliance with the regulations on veterinary sanitation, epidemic, quarantine, vaccination of animals diagnosis, regulation in a specified region, secure base animal disease are attached to decision No 66/2008/QD-BNN on 26/5/2008 of the Minister of agriculture and rural development.

b) violations of the provisions in paragraph 6 article 9 of Decree No. 40/2009/ND-CP be understood behavior is thrown away, abandoned animals be infected, died of the disease out of the environment, pond, Lake, River, Canal, fuses or other natural water sources without making the destruction as prescribed. The identification of animals be infected, killed because of dangerous infectious disease was based on the results of clinical diagnosis of veterinary staff, the competent veterinary authority was conducted at the VPHC without non-clinical test results.

2. Violation of rules on animal disease prevention on land: a) the violations specified in point b of paragraph 2 article 10 of Decree No. 40/2009/ND-CP be understood as acts of using the means of transport are not veterinary hygiene standards to transport the animals go to slaughter required , is likely to drop, food waste, bones of animals on the road or to transport the animals from the infected was transport the competent veterinary authorities tested, approved to untested, hygiene, detoxification or arbitrarily stop do not transport correctly where regulation , to the affected animals exposed to other healthy animals on the way to the place of slaughter.

b) violations of the provisions of paragraph 3 of article 10 DD points to Decree No. 40/2009/ND-CP be understood is the unauthorized use of the vehicle is not the vehicle to transport the animals or use specialized vehicles but did not meet veterinary hygiene standards prescribed or not implement restroom disinfection, detoxification of means of transport or where the animal after slaughter does not warrant veterinary hygiene conditions, not make sanitation, reduction of disinfectant after slaughter under the guidance of the veterinary authority.

c) violations specified in point e of article 10 paragraph 3 of Decree 40/2009/ND-CP include the following acts: slaughter, handle animal, animals infected or suspected infected animal products, pathogens belonging to the category of diseases is not the correct translation publication location is specified , not as prescribed;

Not buried, burned animals infected, affected facilities; define dead animals because the disease which as a rule are destroyed or buried not true depth, not technically true, where buried near the sources of natural water, living water;

Don't handle where buried, burned the animal in accordance with the instructions of the competent veterinary authority.


Article 7. Violation of regulations of quarantine of animals, animal products, slaughter control, veterinary hygiene inspection 1. Violation of regulations of quarantine of animals, animal products on land circulation in water: violations specified in point a of paragraph 2 article 12 of Decree No. 40/2009/ND-CP is the transportation, business behavior of animals, animal products belong to the category of objects of animal quarantine animal products, but shippers or transport operator cannot quarantine certificate for animals, animal products and veterinary agency authorities.

In the case of violations occurring at the time of any district, County, town, city in the province within the country are announced to have disease on animals that the authority sanction VPHC must apply remedial measures forced the destruction of animal animal products, if the owners do not prove the origin of animals, animal products, namely not to present a confirmation of the people's Committee of the commune of origin of animals, animal products.

2. Violations of the provisions of article 13 paragraph 1 point b of Decree No. 40/2009/ND-CP is the transport behavior of aquatic animal out of the production base, sales fingerlings which are not competent veterinary authorities quarantine and quarantine certificates. In the case of hatchling aquatic products have been quarantined, the owners when selling the same must provide a photocopy of a quarantine certificate by the competent veterinary authority granted to the buyer.

3. Violate the provisions on animal quarantine, animal product export, temporary export, import, re-export import re import, transfer, transit the territory of Vietnam.

a) violations of the provisions of art. Article 14 of Decree No. 40/2009/ND-CP of personal behavior is to bring people, baggage, animals, animal products with volume, the amount in excess of the volume, the number of allowed; products derived from animals that are unprocessed; animals, animal products in the categories of international law prohibited the circulation, transportation or do not produce a valid quarantine certificate by the national veterinary authorities of exporting countries.

b) violations of the provisions of paragraph 2 article 14 of Decree No. 40/2009/ND-CP is a behavior fail to quarantine agency record gate animal quarantine valid with respect to that chemical shipments.

A record invalid quarantine could be: lack of a quarantine certificate or a certificate of quarantine but the lack of a signature; There's a quarantine certificate but the content is not true to the facts about the species, the number of animals or animal products information such as production date, expiry date...; the content was erased, corrected; use the quarantine certificate by the competent veterinary authority; the lack of one of the other papers that are related to the export, import, re-export, import export temp re enter, move the gate to transit the territory of Vietnam for shipment of goods.

c) violations specified in point e article 14 paragraph 3 of Decree No. 40/2009/ND-CP is the behavior: To animals are in quarantine time in contact with other domestic animals;

Export sale, use as much like animals, animal products and yet time quarantine;

Not vaccinated the diseases in the list of diseases is vaccination for animals during quarantine;

Non-observance of the sampling tests are sick of the competent veterinary authority;

Not sure the veterinary hygiene requirements during quarantine.

d) violations of the provisions of clause 8 article 14 of Decree No. 40/2009/ND-CP is the behavior of organizations, individuals take on the territory of Vietnam when no text agreed by the Bureau of animal health and quarantine does not make for the kind of goods the following goods: types of swabs for laboratory work diagnosis of disease or used for other purposes;

The objects in the object list quarantine, including micro-organisms, parasites that cause disease in animals, micro-organisms which cause pollution, toxic chemicals, other objects specified in decision No. 45/2005/QD-BNN on 25/7/2005 of the Minister of agriculture and rural development.

e) slaughter animal behavior, animal products of unknown origin specified in point 2 of article 15 paragraph Ridin Decree No. 40/2009/ND-CP is to slaughter the animal behavior without quarantine certificate or without verification of the origin of animal health or vaccination certificates are not of local veterinary offices; processing animal products without quarantine certificates imported with or without the stamp of the veterinary sanitary veterinary agency, the competent quarantine authority.

g) violations of the provisions in clause 5 article 16 of Decree No. 40/2009/ND-CP is the behavior of organizations, individual animal aquaculture business, fresh animal products that test results of the competent veterinary authority shows infested or have existing residual substances in excess of the allowable limit.

The case, the competent sanctions can allow transfer purpose use as livestock feed for aquatic animals, fresh animal products infested or have substance exist residual limit allows. The processing of animal products for non-food hygiene standards are under the guidance of the Ministry of agriculture and rural development.

Article 8. Violations of the regulations on the management of veterinary medicines, probiotics, microorganisms, chemicals used in veterinary medicine, aquatic animal health (hereinafter referred to as veterinary) 1. Violations of the provisions of paragraph 2 Article 18 of Decree No. 40/2009/ND-CP is the behavior produced a batch of veterinary medicine have only about justice, chemistry, microbiology, moisture function does not hit or one or more components of the drug with a lower actual or beyond the error of allowing the content to which the facility is registered with the competent veterinary authorities when register the circulation or self-published under the provisions of the law on quality of goods and products.

2. Violations of the provisions of point b paragraph 4 Article 19 of Decree No. 40/2009/ND-CP of business behavior is a type of veterinary drugs have only about physics, biochemistry, microbiology, moisture not reaching or have one or more active substances with lower actual or exceeding the allowed error that manufacturing facilities are registered with the veterinary authority of competent right when registering the product circulated or published on the drug label.

3. Violations of the provisions in paragraph 3 article 20 of Decree No. 40/2009/ND-CP is organizational behavior, personal imports a batch of the drug, raw material, making veterinary has only about physics, biochemistry, microbiology, moisture function does not hit or one or more components of the drug with a lower actual number of false or beyond allow content that registered establishments with the competent veterinary authorities when registering the product circulated or published on the drug label.

4. Violations of the provisions of art. Article 21 of Decree No. 40/2009/ND-CP is the behavior of the Organization, personal information, advertising on the drug label, on the media, mass communication such as press, radio tv central or local, advertising Billboard , leaflets, leaflet. with the right content on the composition, uses, effective, function or quality of the drug.

5. Violations of the provisions of paragraph 2 Article 23 of Decree No. 40/2009/ND-CP is the behavior produced, imported veterinary drugs of the type of goods to quality standards, conformity in accordance with the law on technical regulation and standards but production base imports have not made proper disclosure standards, conformity or veterinary drugs is inconsistent with the standards that apply to the respective technical regulation, which has arbitrarily used stamps standards, rules on product information, advertising or on the mass media, press, radio and television , leaflets, leaflet. is announced standards, conformity.

Article 9. Violations of other rules in the field of animal health 1. Violations of the provisions of art. 1, art. 6, art. 8 article 24 of Decree No. 40/2009/ND-CP is the behavior of people practising certificate can practise veterinary medicine with other professional fields have been defined in the certificate of practice by the competent veterinary authority.

2. Violations of the provisions of point b paragraph 5, art. 7, art. 9 Article 24 of Decree No. 40/2009/ND-CP is acts arbitrarily add, delete, alter the original content of the certificate of practice by the competent veterinary authority.

3. the violations specified in point c of paragraph 5, point c, paragraph 7, point b paragraph 9 Article 24 of Decree No. 40/2009/ND-CP is the behavior Declaration, declare the deceitful, dishonest information about qualified, professional level, provide a copy of the certificate type , it is not a copy by the competent authority, to be granted a new certificate or renew the certificate of veterinary practice.

4. Violations specified in point d of paragraph 5, point d of paragraph 7, point 9 Article 24 clause d of Decree No. 40/2009/ND-CP is the behavior of the individual using the certificate of practice not by the competent veterinary authority to practice.

Chapter IV JURISDICTION to SANCTION, the SEQUENCE and PROCEDURES SANCTIONING ADMINISTRATIVE VIOLATIONS to article 10. The authority sanctioning administrative violations 1. Principle of determining the right to sanction VPHC is made according to the provisions of article 42 of the Ordinance treats VPHC, article 15 of Decree No. 128/2008/ND-CP on December 16, 2008 by the Government (hereinafter referred to as the Decree 128/2008/ND-CP) detailing the implementation of a number of articles of the Ordinance on handling the VPHC 2002 and Ordinance amending and supplementing a number of articles of the Ordinance on Handle the VPHC 2008 and specified in articles 29, 30, 31 of Decree No. 40/2009/ND-CP.

2. In the case of a sanction people who make many acts in the veterinary field, the VPHC authorized sanction is determined as follows:


a) If form, the sanction is prescribed for individual acts are under the authority of title are defined in paragraph 1, 2, 3, 4, 5 Article 29 Decree 40/2009/ND-CP, the jurisdiction to sanction still in that position.

b) in the case of the level of fines, the value of exhibits seized media or in the form of sanctions or remedial measures are not under the control or beyond its jurisdiction, the people are accepting the violation must be promptly transferred incident to the competent sanctions.

3. The Chief Inspector of the provincial veterinary Bureau, Chief Inspector of the veterinary Bureau has the authority to sanction VPHC for those violations were discovered while on duty and processing service by specialized inspectors VPHC animal health or veterinary officials moved the records under the provisions of the law.

4. When granting Duke the right to use the practice of veterinary medicine, who have jurisdiction to sanction VPHC capturing licenses, certificates of practice and clearly in the decision to sanction. Within a period of 3 (three) days from the date of issuing the VPHC sanction decision, who has the authority to sanction the Agency has granted the license, certificate of practice of applying sanctions deprived of the right to use the license, certificate of practice for individuals violating.

5. When applying this form of confiscated exhibits, VPHC media, specialized veterinary inspectors are on duty have the authority to confiscate exhibits, the means used to value the VPHC to 2,000,000 VND in accordance with point b, paragraph 1 Article 29 of Decree 40/2009/ND-CP. Worth of exhibits VPHC means determined, based on the actual value of the exhibits, the media at the time, the place where happened VPHC.

Article 11. Temporary measures to keep the exhibits, the means to prevent administrative violations: 1. the custody jurisdiction exhibits, VPHC means: a) who had the authority to temporarily keep the exhibits, the media in the field of veterinary medicine VPHC including titles prescribed in article 46 of the Ordinance treats VPHC.

b) specialized veterinary inspectors are on duty was the right decision to temporarily keep the exhibits, VPHC media where there is evidence that if not custody exhibits, the media immediately VPHC exhibits, VPHC media may be a pipe, destruction. Within 24 hours, since the decision of custody, the custody decisions must report to the heads of his direct is the one who has the authority to temporarily hold exhibits, VPHC means defined in art. 1 of this article and the written consent of that person. In the absence of the consent of the titles specified in point a, paragraph 1 of this article, the decision of custody must destroy immediately the decision of custody and return the exhibits, the media have been detained. When return exhibits, VPHC media, who has the authority to make decisions according to the model in annex IV attached to this circular.

2. custody Only exhibits, see VPHC media really necessary to stop immediately violations or to prevent bad consequences that can happen to people and animals, in particular: a) exhibits VPHC is animals, animal products, disease carrying germs facilities; animals, animal products of unknown origin, origin or animal products suspected not veterinary hygiene standards; veterinary, veterinary materials, probiotics, microorganisms, chemicals used in veterinary medicine in the veterinary drug banned in Vietnam, veterinary drugs are counterfeit, counterfeit labels do, expired, no veterinary drug is allowed to circulate in Vietnam; the specific case by the authority processing the VPHC decided.

b) adopting measures to temporarily keep the exhibits, the media must follow the correct sequence VPHC, regulatory procedures. Case of non-compliance with the regulations, causing material damage to the cargo, the goods, the public officials caused damage must bear the responsibility of compensation for material damage.

3. The order of custody procedures exhibits, VPHC means: a) on the basis of the decision to temporarily keep the exhibits, VPHC media, who decides to set up a temporary hold exhibits, media VPHC. In the minutes to record the full range of content according to the rules and the violation of a. If violators do not sign the minutes shall specify the reason. The minutes must be in accordance with the model in annex II number attached to Decree No. 40/2009/ND-CP.

b) decide the custody exhibits, VPHC media is responsible for coordination with the local authorities or the competent authorities where the violation occurred layout where the custody, preservation of evidence, means VPHC custody. Where does the layout where the custody or may not move the exhibits, VPHC media about where the custody, the custody decision to apply measures to avoid the offending pipe riveted exhibits, the media and the host can ask the VPHC means of self-preservation, to look after the VPHC media and exhibits VPHC is carried transportation on the media.

c) within 10 days from the date of the custody exhibits, VPHC means, decide the custody must handle the exhibits, according to the VPHC means the measures stated in the decision process. In case of failure to apply measures to confiscate exhibits, the media must then return the VPHC for violators, owner of the exhibits, the media VPHC.

4. The processing for exhibits, the media hold expiry VPHC is made under the provisions of Decree No. 70/2006/ND-CP on 24/7/2006 regulating the management of exhibits, the media detained under administrative procedure and Decree No. 22/2009/ND-CP on 24/02/2009 revised supplement a number of articles of Decree 70/2006/ND-CP on 24/7/2006 regulating the management of exhibits, the media detained under administrative procedures.

Article 12. The order and procedure for sanctioning of administrative violations 1. The VPHC sanctions in the field of veterinary medicine must follow the procedures set forth in the Ordinance treats VPHC, Decree No. 128/2008/ND-CP: a) When detect VPHC in the field of animal health, the authorized person is on duty to suspend right violations. The suspension of violations in the field of veterinary medicine represented by VPHC thereon. Within 10 days from the date of establishment of the VPHC thereon, the person who has the authority to sanction the decision to sanction; for service details are more complicated VPHC then sanction decision time limit is within 30 days.

b) competent person VPHC sanctions apply aggravating when sanctions decision in the following cases: violated several times: the organization or individual acts in the veterinary field VPHC but before that this offense has not been discovered, not sanctioned or not all time sanction shall be deemed to be repeat infringers in the veterinary field.

Re: Organization, individuals were sentenced for a violation of in the field of animal health, but not over a year, since the day the accomplished Executive decided to sanction or from the date of execution of the decision to sanction the continued violation in the field of animal health shall apply aggravating is it when the decision to sanction.

c) for VPHC behavior in the area of veterinary medicine has the form of punishment is warning or fine to 200,000 copper after the suspension of the violation, the person has the authority to sanction VPHC can sanction according to the simple procedure and a decision to sanction in place according to the form prescribed in annex V , attached to Decree No. 40/2009/ND-CP.

d) case decision sanctioning VPHC is specialist veterinary inspectors, does not have the right to use the seal directly then decided to sanction must be stamped with the seal of the Department of animal health. Sign stamped in the top corner, on the left at the location name agency decision sanctioning VPHC , the number and the symbol of the sanction decision.

DD) where a fine up to 200,000 Council then violators can pay on the spot to decide sanctions and get receipts by the Ministry of Finance issued the fine, or submit the money in the State Treasury in deciding punishment.

Before the work day, decide to sanction the transfer resumes service receipts, VPHC VPHC penalty and the amount of the fine for the person in charge of the unit to store the VPHC sanction records, filing back the fines to the State Treasury.

e) for violations are fines on 200,000 Council competent people are on duty must be established thereon in accordance with the prescribed form VPHC.

g) where the level of fine from 10,000,000 VND upward for violators are experiencing particular difficulties economically, while the offense has been fine form many times; application has to be social people's Committee, where violators of residence confirm the circumstances then decide the administrative sanction decided in writing allow violators to be fine many times in sequence, the procedure specified in article 27 of Decree No. 128/2008/ND-CP.

The decision to sanction by caution, by a fine under simple procedures, VPHC thereon, decided to sanction VPHC must ensure adequate record the contents according to the model annex was attached to the Decree 40/2009/ND-CP VPHC sanction decisions take effect from the date of signing the issued except where the decision has on record a different effect. Within 10 days from the date of delivery of the decision to sanction, the individual, the organization sanctioned the executive decision to sanction.

2. additional sanctions and remedial measures: for a number of behaviours VPHC is specified in Decree 40/2009/ND-CP, in addition to the main sanctions also imposed additional sanctions and remedial measures.

a) additional sanctions deprived of the right to use the license, certificate of practice veterinary medicine: the license is a document by the competent veterinary authorities granted to individual organizations to the Organization, this individual is allowed to operate, business in the field of veterinary medicine.


Veterinary practice is a document by the competent veterinary authority granted to individuals to allow individual practice of veterinary medicine in a certain field.

Deprived of the right to use the term of the licence, the certificate of practice: a maximum of not more than 12 months for removal form use and from 12 months or more for removal form to use with no time limit.

For the type of license that the authority is not competent VPHC sanctions deprived of the right to use (such as a business license by the planning investment & provincial city), then the competent person must have written recommendations at the same time submit the VPHC records to agencies have licensed to handle.

For acts that in the Decree VPHC 40/2009/ND-CP stipulates the Duke the right to use the license, certificate of practice within a certain time period (for example, from 3 to 6 months) then the competent person must base on the nature and extent of the violation to determine the specific time limit violators be deprived of the right to use the license , the certificate of practice.

If a person made many violations that the violations were the provisions of additional sanctions is deprived of the right to use the license, certificate of practice the authority sanction applies only deprived of the right to use the license, certificate of practice with respect to a breach of that Decree No. 40/2009/ND-CP of the regulations had deprived the right to use use the longest for this behavior.

b) confiscated exhibits, VPHC media: confiscated exhibits, the VPHC is fine form means additions, apply the enclosed shape. Procedures and the specific case of being applied confiscated exhibits, the media breached prescribed in Decree No. 40/2009/ND-CP and the Decree sanctioning VPHC in other governance areas concerned.

When confiscated exhibits, VPHC media, who has the authority to decide the model defined in confiscated by Annex I attached to this circular.

Do not apply sanctions confiscated exhibits, media in the case of exhibits, the media were held, personal violation of appropriation, unauthorized use of which must be returned to the owner or Manager, legitimate users.

c) remedial measure remedial measure is one of several sanctions are applied along with sanctions, in order to handle thoroughly violated, eliminate the causes, conditions it, overcome the consequences caused by the VPHC. The application of remedial measures forced the destruction of exhibits VPHC is destruction and Council must set the minutes destroys the form in annex II attached to this circular. In the field of veterinary medicine, in addition to remedial measures specified in paragraph 3, article 7, the Decree No. 40/2009/ND-CP also stipulates a number of remedial measures following peculiarities: temporary suspension of operation of the facility;

Forced recovery of veterinary drugs.

For violations of the provisions of art. 3 and paragraph 4 Article 17 of the Decree 40/2009/ND-CP stipulates remedial measures is to temporarily suspend the operation of the facility in case of need to fix until qualified veterinary hygiene according to the regulations.

Cases need to be understood to be the case that the basis of serious breach of the rules on veterinary sanitation, hygiene and veterinary medicine production environment business, which consequently can heavily influence or direct impact to the health of the people or the surrounding environment.

Depending on the level of violation, the violation status of veterinary hygiene conditions of the premises that the person has authority to sanction the decision time to temporarily suspend the operation of the facility, stating the time base to overcome completely veterinary hygiene conditions to the competent veterinary authorities conduct testing before allowing the base back.

With regard to the violations of the provisions of paragraph 2 to article 18, paragraph 3 article 20, Decree 40/2009/ND-CP stipulates remedial measures is required to revoke veterinary, veterinary materials.

The recovery is done as specified in circular No. 03/2009/TT-BKHCN on 14/01/2009 of the Ministry of agriculture and rural development and recovery procedures guide handle veterinary drugs.

Chapter V IMPLEMENTATION article 13. Responsibility 1. This circular effect after 45 days from the date of signing. The previous provisions contrary to this circular are repealed.

2. The Chief Inspector of the Department of agriculture and rural development, the Chief Inspector of the veterinary Bureau, Chief Inspector of the veterinary Bureau of the province, the city is responsible for the direction, instruction, urging, examine the implementation of this circular.

3. During implementation of the circular, if there are problems, agency, organization, personal reflections on the Ministry of agriculture and rural development to timely adjust, Supplement.

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