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The Decree 47/2005/nd-Cp: About Sanctioning Administrative Violations In The Field Of Livestock Breeds

Original Language Title: Nghị định 47/2005/NĐ-CP: Về xử phạt vi phạm hành chính trong lĩnh vực giống vật nuôi

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The DECREE of the Government on sanctioning administrative violations in the field of breeding base GOVERNMENT Government Organization Law on 25 December 2001;
The base breeding Ordinance on March 24, 2004;
Basing the Ordinance on administrative violations processing 2 July 2002;
According to the recommendation of the Minister of agriculture and rural development, Minister of fisheries, DECREE: chapter I GENERAL PROVISIONS article 1. Scope 1. This decree regulating the sanctioning administrative violations with regard to organizations, individual acts intentionally or unintentionally violating the provisions of the law on State management in the field of livestock breeds that are not criminal offences and under the provisions of this Decree are sanctioned administrative offense.
2. Administrative violations in the field of breeding specified in this Decree include: a) violation of the provisions on the management and conservation of genetic resources of livestock;
b) infringe regulations on new breed assay;
c) infringe regulations on the production and trading of livestock breeds;
d) infringe regulations on managing the quality of livestock breeds;
DD) violates the provisions of the administrative management of livestock breeds.
3. other administrative violations in the field of livestock breeds not directly specified in this Decree shall apply in accordance with the Decree of the Government on sanctioning administrative violations in the field of governance related to sanctions.
Article 2. Application object 1. People from 14 years to under 16 years sanctioned administration of administrative violations due to willful; people from 16 years of sanctioned Administration about any violation of his administration in the field of breeding specified in the law of handling administrative violations and the provisions of chapter II of this Decree.
2. The organization administratively sanctioned for all administrative violations in the field of his breed. After the executor decides to sanction the organization sanctioned, determine the individual at fault causing the administrative violations to determine that person's liability under the provisions of the law.
3. organizations, foreign personal administrative violations in the field of livestock breeds within the territory, exclusive economic zone and the continental shelf of the Republic of Vietnam, the Socialist Government sanctioned under the provisions of this Decree. The case of the international treaties to which Vietnam signed or joined other regulations made under international treaties.
Article 3. The principle of sanctioning the principle of sanctioning administrative violations in the field of livestock breeds is applied according to the provisions of article 3 of the Ordinance on handling administrative violations and article 3 of the Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations in 2002.
Article 4. Extenuating circumstances, aggravating The extenuating, apply in aggravating the sanctioning administrative violations with regard to the violations of the provisions of chapter II of this Decree shall be made according to the provisions of article 8 and article 9 Ordinance on handling administrative violations.
Article 5. Time sanctioning administrative violations time sanctioning administrative violations in the field of livestock breeds is 10 years from the date of the administrative offense was made; in the field of exports, imports of livestock breeds or administrative violations are acts of producing, trafficking in banned breeds, like the author, the duration is 2 years from the date of the administrative offense was made.
Article 6. The time limit is considered to be not yet sanctioned administrative offense organization, individuals sentenced to administrative violations, if over 12 years, since the day the accomplished executive sanction decision or from the date of execution without sanction decision it shall be regarded as not yet sanctioned administrative offense.
Article 7. The sanctions administrative violations and remedial measures 1. For each administrative violations, organizing, personal offense suffered one of the sanctions: a) caution;
b) fine.
The levels of maximum fines for violations in the field of livestock breeds is 30 million Vietnam Dong.
2. In addition to fines, depending on the nature and extent of the violation, the Organization, the individual administrative violations in the field of livestock breeds can be applied one or the following additional sanctions: a) deprived of the right to use the license, certificate of practice or have no time limit;
b) confiscated exhibits, the means used to administrative violations.
3. In addition to the sanctions set forth in paragraph 1 and paragraph 2 of this Article, the Organization, the individual administrative violations can also be applied to one or more remedial measures: a) Force destroyed the breed harmful to human health, pollute the environment;
b) Forcibly taken out of the territory of Vietnam or forced back the same list breed pets are allowed to produce, business or are not approved in writing by the competent State bodies.
Organizations and individuals violating must bear all costs for the implementation of the aforementioned measures.
CHAPTER II the ADMINISTRATIVE VIOLATIONS in the FIELD of LIVESTOCK BREEDS, the form and the LEVEL of SANCTIONS article 8. Violation of the regulations on the management and conservation of genetic resources of livestock in protected areas 1. A fine from 1.000.000 VND to 3 million contract for the exploitation of behavior or use of genetic resources of livestock in excess of the allowable limit.
2. A fine of from 5 million to 10 million contract for copper extraction behavior or use of genetic resources of livestock in protected areas without permission of the competent authority.
3. A fine of 20 million to 30 million đồng VND for the destructive behavior of livestock genetic resources in reserve.
4. additional sanctions and remedial measures: a) confiscated exhibits and facilities are used for administrative violations for violating the provisions of this Article;
b) enforce infringement remedy for violation of the provisions of this Article.
Article 9. Violation of the provisions on the exploitation and conservation of rare livestock genetic resources 1. Caution or a fine from 1.000.000 VND to 2 million VND for behavioral or genetic resources used in rare pets exceeded the allowable limit.
2. A fine of 2 million to 3 million dong VND for behavioral or non precious genetic resources used in the correct management mode, use the genetic resources of rare pets.
3. A fine of 20 million to 30 million đồng VND for the destructive behavior of rare livestock genetic resources.
4. additional sanctions and remedial measures: a) confiscated exhibits and facilities are used for administrative violations for violating the provisions of this Article.
b) enforce infringement remedy for violation of the provisions of this Article.
Article 10. Violation of the regulations on the international exchange of rare livestock genetic resources 1. A fine of 15 million to 25 million contract from the Council for international exchange of behavioral genetic resources of rare pets are not true to the content of the consent in writing of the Ministry of agriculture and rural development or the Ministry of fisheries.
2. A fine of 25 million to 30 million fellow Council for international exchange of behavior of rare genetic resources without the written consent of the Ministry of agriculture and rural development or the Ministry of fisheries.
3. additional sanctions: confiscated exhibits and facilities are used for administrative violations for violating the provisions of this article 11. Violate the rules of the new breed assay

1. A fine of 3 million VND 5 million contract for the facility to perform the assay livestock breeds do not have sufficient technical facility according to the regulation, no technical staff on the assay certificate just like pets.
2. A fine of from 5 million to 15 million dong VND for establishments breed assay in violation of any of the following acts: a) not yet competent State agencies recognize same assay of pets that have conducted trials;
b incorrect assay procedure) regulations;
c) incorrect assay content rules.
3. A fine of 10 million to 15 million dong VND for acts not assay results, a new breed that was put out of business or trade outside of the market.
4. remedial measures and sanctions supplement: a) Forcing the base implementation must overcome assay for violation of the provisions of paragraph 1, paragraph 2 of this Article.
b) confiscating and means of administrative violations with regard to violation of the provisions of paragraph 3 of this article.
Article 12. Violation of the regulations on the production and trading of livestock breeds 1. Caution or a fine from 200,000 to 500,000 Dong Dong for acts of the Organization, in an individual must register the business that does not have the same track record as specified.
2. A fine of 3 million VND 5 million dong to for one of the following violations: a) captive breeding Thoroughbred facility, tools, proofing, the kernel does not have dedicated technical staff have university level husbandry or fishery professionals;
b) captive breeding facility parents no technical staff have professional certificates as specified.
3. A fine of from 5 million to 10 million contract for copper production, business behavior just like pets.
4. A fine of 10 million to 15 million contract for copper production base, the business breed in violation of any of the following acts in the area of production: a) pathogen testing;
b) tested the new veterinary drugs;
c) testing new feed.
5. A fine from 20 million to 30 million contract for copper production, business behavior livestock breeds were not in the same category of pets are allowed to produce business.
6. remedial measures and sanctions supplement: a) are forced to have the books follow the same for violation of the provisions in paragraph 1 of this article;
b) confiscated, switch the purpose of use or destruction of the same for violation of the provisions of paragraph 3 of this article;
c) forced the suspension of trials for violations specified in point a, b, c paragraph 4 of this Article;
d) seizure of new veterinary medicines, new feed for violation of the provisions of point b, c paragraph 4 of this Article and the means used for the test for infringement of the provisions in points a, b, c paragraph 4 of this Article;
DD) Required for pathogen destruction violated the provisions in clause 4 point a this;
e) seizure and the means used to administrative violations for violating the provisions in clause 5 of this Article.
Article 13. Violation of the regulations on the production, sales, breeding eggs and larvae, embryos 1. Caution or a fine from 200,000 to 500,000 Dong Dong for violations of regulations on sanitation and hygiene equipment, instruments in the process of extraction and processing of essential, embryo.
2. A fine from 1.000.000 VND to 3 million contract for one of the following behaviors: a) starch from the sire untested individual productivity;
b) exploit, embryos, eggs and larvae are not from the same flock, herd, Flock-proofing tool like kernel, just like her grandfather.
3. A fine of 2 million to 5 million dong VND for one of the following behaviors: a) exploit, business essential, like eggs in the area are dangerous disease;
b) Essential blending, frozen, frozen embryos, eggs just like non standard regulatory quality;
c) has no technical staff to be trained and certified on artificial insemination, embryo transfer;
d) does not have the equipment, supplies and specialized according to the regulations for the Organization, the individual embryo production and business.
4. remedial measures and sanctions supplement: a) enforce the conditions of hygiene and sterilization for breach of the provisions in paragraph 1 of this article;
b) suspension for violation of the provisions in paragraph 2 of this Article;
c) forced the destruction of embryos, eggs, just like for the offense specified in point a, b paragraph 3 of this article.
Article 14. Violation of the regulations on the export of livestock breeds 1. A fine of 10 million dong to 20 million dong from for export acts more like pets are not true to the content of the consent in writing of the Ministry of agriculture and rural development or the Ministry of fisheries.
2. A fine of 20 million to 30 million copper copper for export acts more like pets have in categories like pets are banned for export without the written consent of the Ministry of agriculture and rural development or the Ministry of fisheries.
3. additional sanctions: confiscate livestock breeds for violation of the provisions of this Article.
Article 15. Violation of the regulations on importing livestock breeds 1. A fine of 10 million dong to 20 million dong from for import behavior on Vietnam livestock breeds have breed in the category are allowed to produce, but business was not right about the category, the number of registered breed standards, import.
2. A fine of 20 million to 30 million contract for copper imports into Vietnam-like behaviour of pets is not in the list of allowed pets-like production, business in Vietnam without the written consent of the Ministry of agriculture and rural development or the Ministry of fisheries.
3. the remedial measures and additional punishment: Forcing re-export; the slaughter or culling livestock breeds for violation of the provisions of this Article in accordance with the law.
Article 16. Violation of the regulations on the label, pet-like profile 1. Caution or a fine from 200,000 Dong to Dong 1.000.000 for trading breeding behavior labeled or have the same profile but blurry can't read the contents listed on the label or the same profile.
2. A fine from 1.000.000 VND to 3 million contract for production and business behavior just like pets that do not have the same record label, or on the same record label, do not burn enough of the required information as specified on the label, the same profile.
3. A fine of from 5 million to 10 million dong VND for fake labels, acts just like the profile of the type of livestock breeds are circulating on the market have to be registrations.
4. additional sanctions and remedial measures: a) the Forced implementation of remedies for violation of the label, the record just like when putting out seed business for violation of the provisions of paragraph 1, paragraph 2 of this Article;
b) confiscated the label, the same profile for violation of the provisions of paragraph 3 of this article.
Article 17. Violation of the provisions on advertising livestock breeds 1. A fine of 3 million VND 5 million came from the Council for advertising, information behavior breed is not in the list of allowed pets breed production business.
2. A fine of from 5 million to 10 million dong VND for one of the following behaviors: a) false advertising, the wrong quality of registered varieties;
b) advertising content reduces the prestige, quality breed of organizations, and individuals.
Article 18. Violation of the regulations on disclosure quality standard breed 1. Caution or a fine from 1.000.000 VND to 3 million contract for the production of breeding behavior that does not proclaim the quality standards for the breed in the category must publish quality standards.
2. remedial measures: forced to published standards of quality livestock breeds for violation of the provisions of this Article.

Article 19. Violating the rules of proper disclosure standards in the production of livestock breeds 1. Caution or a fine from 200,000 to 500,000 Dong Dong for acts published standard does not match time prescribe.
2. A fine of 2 million to 5 million copper copper for manufacturing pet-like behavior not yet announced matching standard that has stamped or stamping conformity to standards.
3. the remedial measures and sanctions supplement: a) forced disclosure standard consistent time for violation of the provisions in paragraph 1 of this article;
b) suspended production, transforming the purpose of use of the same plots for violation of the provisions in paragraph 2 of this article, the case conversion is not the purpose of use must be destroyed.
Article 20. Violation of the regulations on the quality of livestock breeds in business 1. 2 million to 5 million dong fine copper for the same business behavior that pets do not publish breed quality standard according to regulation.
2. A fine of from 5 million to 10 million dong VND for business behavior just like pets have lower quality quality has announced.
3. A fine of 10 million to 15 million dong VND for the breeding business behavior harmful to human health, environmental pollution, affects national prestige.
4. remedial measures and sanctions supplement: a) are forced to publish the same quality standard for violation of the provisions in paragraph 1 of this article;
b) Forcing switch uses the same batch for violation of the provisions in paragraph 2 of this Article;
c) Forced destroyed the same batch for violation of the provisions of paragraph 3 of this article.
Article 21. Violation of the regulations on the same productivity test 1. A fine from 1.000.000 to 3 million dong VND for operation check individual productivity stud in violation of any of the following acts: a) does not perform the check according to the technical procedures;
b) No reviews and not published individual productivity sire.
2. A fine of 3 million VND 5 million dong to the captive facility for thoroughbred breeding, proofing tools, kernel, the says she and breeding herd that does not perform checking individual productivity or yield populations according to the regulations.
3. A fine of from 5 million to 10 million dong VND for the basis to perform services to check individual productivity stud in violation of any of the following acts: a) the facilities, technology does not match or do not warrant veterinary hygiene conditions;
b) has no technical staff to be trained and granted a certificate of check individual productivity sire.
4. remedial measures: a) enforce the remedy of checking the same productivity as prescribed for the violation of the provisions of paragraph 1, paragraph 2 of this Article;
b) enforce infringement remedy for breach of the provisions in paragraph 3 of this article.
Article 22. Violation of the regulations on the administration of livestock breeds 1. A fine from 1.000.000 VND to 3 million contract for one of the acts for repair, erasing the following papers: a) the business registration certificate of livestock breeds;
b) Paper certification;
c) the writing allows, recognition of specialist Management Agency: export, import of livestock breeds; confirmations about the standards; papers on categories like pets; papers on the assay.
2. A fine of 3 million VND 5 million dong to for the behavior to other people using paper certificates.
3. A fine of from 5 million to 10 million dong VND for acts of perjury to please the paper type specified in point a, b, c paragraph 1 of this article.
4. additional sanctions: Currency and deprived of the right to use the paper type for the violation of the provisions of paragraph 1 and paragraph 2 of this Article.
CHAPTER III the AUTHORITY SANCTIONING ADMINISTRATIVE VIOLATIONS in the FIELD of LIVESTOCK BREEDS Article 23. The authority sanctioning administrative violations of the specialized inspection 1. Inspectors are on duty have the right: a) caution or impose a fine of up to 200,000;
b) confiscated exhibits, the means used to administrative violations worth up to 2 million;
c) apply remedial measures prescribed in points a, b and d of paragraph 3 article 12 of the Ordinance on handling administrative violations in 2002.
2. The Chief Inspector of the Department of agriculture and rural development, the Department of fisheries was right: a) caution or impose a fine of up to 20 million VND;
b) deprived of the right to use the certificates of practice, professional certification in the jurisdiction of the Department of agriculture and rural development, the Department of fisheries;
c) confiscated exhibits, the means used to administrative violations;
d) apply remedial measures prescribed in points a, b and d of paragraph 3 article 12 of the Ordinance on handling administrative violations in 2002.
3. The Chief Inspector of the Ministry of agriculture and rural development, the Ministry of fisheries was right: a) caution or impose a fine of up to 30 million VND;
b) deprived of the right to use the certificates of practice, professional certificates, the paper allows the authority in the Ministry of agriculture and rural development, the Ministry of fisheries;
c) confiscated exhibits, the means used to administrative violations;
d) apply remedial measures prescribed in points a, b and d of paragraph 3 article 12 of the Ordinance on handling administrative violations in 2002.
Article 24. The authority sanction of the President of the people's Committee of the people's Committee Chairman granted the right sanctioning administrative violations in the field of livestock breeds as specified in articles 28, 29 and 30 Ordinance handling administrative violations.
Article 25. The authority sanction of agencies other than those specified in article 23 and article 24 of this Decree, the authority sanctioned under the provisions of the Ordinance on handling administrative violations that discovered the administrative violations of breed related to the field his management of the industry, has the right to sanction by the authority has been specified.
Article 26. Principle of determining the jurisdiction of sanctioning administrative violations in the field of livestock breeds 1. In the case of administrative violation under sanctions of the agencies handling due to the Agency for accepting the first made.
2. The Authority sanction of those provisions of article 24 and article 25 of this Decree is the authority to apply for an administrative violation.
3. In the case of a fine, sanction authority is determined based on the maximum level of penalty framework prescribed for each specific violations.
4. In the case in addition to the application of the sanctions also to apply remedial measures forcing taken out of Vietnam territory or forced back then, the Agency has the authority to sanction the transfer of records of administrative violations to the President of the provincial people's Committee , Director of the Bureau of customs or the Director investigates anti smuggling Department of the General Directorate of Customs processing as defined in clause 5 article 30, paragraph 3, point VND VND point paragraph 4 to article 34 of the Ordinance on handling administrative violations.
5. In the case of a sanction people who perform many of the administrative violation, the sanction authority is determined according to the following principles: a) If form, the sanction is prescribed for individual acts are under the jurisdiction of the sanction, the sanction Authority still belongs to that person;
b) If form, the sanction is prescribed for one of the acts beyond jurisdiction of the sanction, then that person must transfer the entire profile violations to the competent sanctions;
c) If the acts under the authority sanction of many people in different fields, then the right to sanction in the President of the people's Committee of the authority sanctioning the site violated.
Article 27. Authorised sanctioning administrative violations

In case the authority sanctioning administrative violations specified in article 23 and article 24 of this Decree are absent then the deputies authorized authority sanctioning administrative violations and must bear responsibility for their decision.
CHAPTER IV PROCEDURE for SANCTIONING of ADMINISTRATIVE VIOLATIONS in the FIELD of LIVESTOCK BREEDS Article 28. Procedure for sanctioning of administrative violations 1. Procedure, the order sanctioning administrative violations in the field of livestock breeds made according to the provisions of article 53, 54, 55, 56, 57, 58 Ordinance on handling administrative violations.
2. organizations and individuals fined to pay money at the place stated in the decision to sanction and fine record receipts. In the remote, Outback, on the River, the sea, the region where the trouble or out of office hours, the individual, the organization may submit the money sanctioned for sanctioning authority and get receipts.
3. Unless a caution or a fine of up to 100,000, the Council authorized sanctions administrative decision infringement sanction in place (by the simple procedure), the administrative infringements sanctioned must be established and records kept at the Agency has full authority to sanction within the time limit under current rules.
4. When adopting the form of confiscated exhibits, means of administrative violations, the authority sanctioning administrative violations must implement procedures specified in article 60 Ordinance on handling administrative violations. The handling of exhibits, means of administrative violation confiscated must comply the provisions of article 61 of Ordinance on handling administrative violations and article 31, 32, 33, 34 of Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's enforcement of the Ordinance on handling of micro p administration.
5. When granting Duke the right to use the license, certificate of practice must comply with the provisions of article 59 of the Ordinance on handling administrative violations and article 11, Decree No. 134/2003/ND-CP on November 14, 2003 detailing the Government's enforcement of the Ordinance on handling administrative violations.
6. management mode, using fine gain due to administrative violations follow state regulations.
Article 29. Enforcement of punishment decisions and coercive enforcement of the decision sanctioning administrative violations 1. The Organization, individuals sanctioned administrative offense under this decree must strictly enforce the decision sanctioning of authorized person within 10 days (as 64 Ordinances handling administrative violations, since the date of the decision to sanction, unless the Ordinance handling administrative violations otherwise).
2. organizations and individuals sanctioned administrative offense not voluntarily obey the sanction decisions comply with the measures prescribed in article 66 Ordinance on handling administrative violations. When applying coercive measures, the Agency and the competent person must follow the order coercive procedures, the provisions of article 67 Ordinance handling administrative violations.
Article 30. application of preventive measures and ensure the sanctioning administrative violations 1. To prevent the timely administrative violations and ensure the handling of administrative violations in the field of livestock breeds, the authorized person may apply measures to prevent administrative violations under article 43 Ordinance on handling administrative violations.
2. Competence, order and procedures apply measures to prevent violations and ensure the administrative sanctioning administrative violations in the field of livestock breeds are made according to the provisions of article 44, 45, 46, 47, 48, 49 Ordinance on handling administrative violations.
Chapter V COMPLAINTS, accusations and HANDLE breach of article 31. The complaint, report 1. The Organization, individuals sentenced to administrative violations in the field of livestock breeds or their legal representatives have the right to complain about the decision sanctioning administrative violations, decided to apply the preventive measures and ensure the handling of administrative violations.
2. The individual has the right to report to the competent State agencies of unlawful behavior when handling administrative violations in the field of livestock breeds.
3. jurisdiction, procedures, time limits complaints time limit complaints, accusations made under the provisions of the law on complaints and denunciation.
Article 32. Merit 1. Organization, individual achievements in the prevention and fight against administrative violations in the field of livestock breeds that are rewarded under the provisions of the law rewarded emulation.
2. Is strictly forbidden to use money collected from sanction violations administrative violations about breeding or from selling exhibits, seized vehicles to extract of reward.
Article 33. Handling breaches authority sanctioning administrative violations 1. Authority administrative sanctions in the field of livestock breeds that are harassment behavior, tolerate, cover, not treated or processed beyond the prescribed authority, appropriation, unauthorized use of money, impede the circulation of legal goods cause damage to organizations and individuals, then depending on the nature that infringement levels, being disciplined or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
2. The competent sanctions in the field of livestock breeds, so too time sanction shall be dealt with according to the provisions of article 121 Ordinance on handling administrative violations and item 2 article 10 of Decree 138/2003/ND-CP on November 14, 2003 detailing the Government's implementation of some articles of the Ordinance on handling administrative violations in 2002.
Article 34. Handle violation against the sanctioned administrative offense Who dealt with administrative violations if there are acts against the person on duty, deliberately delay, evade the executor or other violations, then depending on the nature and extent of the violation that sanctioned administrative violations or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
CHAPTER VI PROVISIONS Enacted 35. Effective enforcement of this Decree has effect after 15 days from the date The report.
Article 36. Responsibilities and enforcement 1. The Minister of agriculture and rural development, Fisheries Minister responsible for guiding the implementation of this Decree.
2. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the people's committees of provinces and cities under central organization responsible for the implementation of this Decree.