Decree 211/2026/NĐ-CP – penalties for animal husbandry violations

Pursuant to the Law on Organization of the Government No. 63/2025/QH15;

Pursuant to the Law on Handling of Administrative Violations No. 15/2012/QH13, amended and supplemented by Law No. 67/2020/QH14 and Law No. 88/2025/QH15;

Pursuant to the Law on Animal Husbandry No. 32/2018/QH14, amended and supplemented by Law No. 146/2025/QH15;

At the proposal of the Minister of Agriculture and Environment;

The government issues a decree regulating administrative penalties for livestock farming violations.

Chapter I. GENERAL PROVISIONS

Article 1. Scope of regulation

1. This decree stipulates administrative violations, forms of penalties, levels of penalties, remedial measures, authority to prepare minutes, authority to impose penalties, and the implementation of remedial measures for administrative violations in animal husbandry.

2. Other administrative violations in animal husbandry not regulated by this decree shall be subject to the provisions of other government decrees on handling administrative violations in relevant state management sectors.

Article 2. Subjects of application

1. This decree applies to organizations and individuals committing administrative violations in animal husbandry within the territory of Vietnam.

2. Organizations subject to administrative penalties under this decree include:

a) State agencies committing violations where such acts are not part of their assigned state management duties;

b) Economic organizations established under the provisions of the Enterprise Law;

c) Cooperative groups, cooperatives, cooperative unions, and other organizations established under the provisions of the Law on Cooperatives;

d) Economic organizations established under the provisions of the Law on Investment;

đ) Political - social organizations, social organizations, professional social organizations;

e) Other organizations established under the provisions of the law.

3. Households, business households registered for business under the provisions of the law who commit administrative violations prescribed in this Decree shall be handled in the same manner as individuals.

Article 3. Statute of limitations for handling administrative violations, completed administrative violation acts, ongoing administrative violation acts, repeated administrative violations

1. The statute of limitations for handling administrative violations in animal husbandry is 01 year. For administrative violations in the production, trading, import, and export of livestock breeds, animal feed, livestock waste treatment products, livestock products, and live animals used as food as stipulated in Clause 3 Article 7; Clause 2, Point b Clause 3 Article 8; Article 9; Article 10; Clauses 4 and 5 Article 11; Article 12; Clauses 2, 3, 6, and 7 Article 14; Article 16; Clauses 2 and 3 Article 17; Article 18; Article 19; Article 20; Article 21; Article 22; Clauses 1, 2, 3, 4, 5, and 6 Article 30; Clauses 1, 4, 5, 6, and 7 Article 31; and Article 32 of this Decree, the statute of limitations for handling violations is 02 years.

2. The determination of completed administrative violations and ongoing administrative violations is based on the provisions of Clause 1, Article 8 of Decree No. 118/2021/NĐ-CP dated December 23, 2021 of the Government detailing a number of articles and measures to implement the Law on Handling Administrative Violations (as amended and supplemented by Decree No. 68/2025/NĐ-CP dated March 18, 2025 of the Government and Decree No. 190/2025/NĐ-CP dated July 1, 2025 of the Government).

3. Administrative penalties for cases of repeated administrative violations:

a) Organizations or individuals who commit administrative violations multiple times shall be fined for each violation, except in cases of repeated administrative violations as provided in point b of this clause;

b) Organizations and individuals who commit administrative violations multiple times regarding the violations stipulated in Article 12; Clause 3, Article 14; Clause 3, Article 15; Article 16; Article 17; Article 18; Article 19; Article 20; Article 21; Article 22; Clause 4, Article

27; Article 30; Clause 1, Point a of Clause 3, Clauses 4, 5, and 6 of Article 31, and Point b of Clause 1, Clause 2 of Article 32 of this Decree, the circumstance of repeated administrative violations applies.

Article 4. Forms of administrative sanctions, measures to remedy consequences, administrative sanctions in the electronic environment

1. For each act of administrative violation in animal husbandry, organizations and individuals must face the main form of sanction, which is a warning or a fine.

2. Supplementary forms of sanction:

a) Revocation of the right to use a license for artificial insemination practice, embryo transfer techniques for livestock for a fixed term, or suspension of activities for a fixed term;

b) Confiscation of administrative violation evidence.

3. Measures to remedy consequences:

In addition to the remedial measures prescribed in points a, c, d, đ, e, h, and i of Clause 1, Article 28 of the Law on Handling Administrative Violations, organizations and individuals that commit administrative violations specified in this Decree shall be subject to the following remedial measures:

a) Being required to recycle feed products, livestock waste treatment products;

b) Being required to convert the purpose of use of feed products, livestock breeds, livestock breed products, livestock products, livestock waste treatment products;

c) Being required to amend information on product labels or technical documents attached to batches of feed products and livestock waste treatment products;

d) Being required to use imported livestock for the correct purpose;

đ) Being required to release swiftlets into the natural environment;

e) Being required to implement noise reduction measures as prescribed;

g) Being required to relocate livestock and livestock farms from areas where livestock raising is not permitted according to regulations;

h) Forced to slaughter animals that have been water-injected and to thermally process animal products;

i) Forced to reduce the scale of livestock farming to comply with the prescribed distances;

k) Forced to return the Certificate of Eligibility for Feed Production; Certificate of Eligibility for Production of Livestock Waste Treatment Products;

Certificate for practicing artificial insemination, embryo implantation in livestock; Certificate of meeting the conditions for large-scale farm farming that has been erased or altered, causing the content of the certificate issued by the competent authority to be incorrect;

l) Required to move bee colonies to ensure the regulated distance;

m) Required for the livestock facility to continue keeping animals that have been exposed to chemicals, biological products, or microorganisms prohibited in animal feed until inspection confirms that no residues of chemicals, biological products, or prohibited microorganisms remain in the feed before being allowed for sale or slaughter.

4. The handling of administrative violations in livestock farming on electronic platforms is carried out in accordance with the provisions of Article 28a and Article 28b of Decree No. 118/2021/NĐ-CP dated December 23, 2021, of the Government detailing some articles and measures to implement the Law on Handling Administrative Violations, as amended and supplemented by Decree No. 68/2025/NĐ-CP dated March 18, 2025, and Decree No. 190/2025/NĐ-CP dated July 1, 2025.

Article 5. Implementation of remedial measures

1. For administrative violations subject to corrective measures requiring the return of the Certificate of Eligibility for Feed Production; Certificate of Eligibility for Large-scale Farm Breeding; Certificate of Eligibility for the Production of Livestock Waste Treatment Products; Certificate for Practicing Artificial Insemination, Embryo Transfer Techniques for Breeding Animals (hereinafter collectively referred to as permits) that have been erased or amended to distort the content for the competent authority or person who issued them, the following shall be implemented:

a) If at the time of issuing the administrative violation sanction decision, a remedial measure to return the license that has been erased or amended to distort its content is applied, and this license is still being temporarily held by the competent authority in accordance with points a and b, Clause 1, Article 125 of the Law on Handling Administrative Violations, then within 02 working days from the date of issuing the administrative violation sanction decision, the competent authority who issued the sanction decision must send a written request along with the sanction decision and the license that has been erased or amended to distort its content to the agency or competent person who issued that license;

b) If the case does not fall under the situation prescribed at point a of this Clause, the individual or organization in violation must return the license that has been erased, altered to falsify content to the competent agency or person who issued the license within the time specified in the administrative penalty decision and bear all costs for implementing the remedial measures;

c) The remedial measure requires returning the license that has been erased, altered to falsify content to the competent agency or person who issued the license, returning the original license that has been erased, altered to falsify content to the competent agency or person who issued it, and is not applied in the case

The license is issued and stored in electronic form. In this case, the competent authority that has made the penalty decision must notify in writing the agency or competent authority that issued the license to handle it in accordance with the regulations.

2. For the measure of remedying consequences by requiring the illegal profits obtained from committing the violation to be paid into the state budget, it is determined as follows:

a) The determination of illegal profits is carried out by the competent authority handling administrative violations and recorded in the administrative violation handling decision or the decision on applying remedial measures;

b) The illegal profits are determined from the time an organization or individual commits the administrative violation until the time the violation ends or there is an administrative violation handling decision or a decision on applying remedial measures;

c) In the case where an organization or individual commits multiple administrative violations, the amount of illegal gains obtained is determined for each administrative violation. In the case where an organization or individual commits an administrative violation multiple times, the amount of illegal gains obtained from committing the administrative violation is determined for each occurrence;

d) The illegal gains obtained from committing administrative violations as prescribed in this Decree are property, money with value, or other assets obtained from administrative violations determined based on contracts or agreements that the individual or organization has carried out and must be submitted to the state budget;

d) The amount of illegal profits that organizations or individuals obtain from committing administrative violations is determined as follows:

Illegal profits obtained in cash are the total amount of money that organizations or individuals earn from the administrative violation and are calculated as the amount received from the transfer, sale of goods, or provision of services that violate regulations, after deducting the direct costs constituting the goods or services, based on records and documents proving the legality and validity of those costs provided by the violating organization or individual.

The basis for determining the amount of money that organizations or individuals obtain from committing administrative violations is (=) the quantity or volume of goods transferred or sold multiplied (x) by the unit price of goods or services, minus (-) the direct costs constituting the goods or services (if the organization or individual has complete records and documents to prove the legality and validity of those costs). Specifically:

The quantity of goods transferred or consumed is determined based on the declaration of the violating organization or individual and the inspection and verification of the competent authority imposing the penalty.

The unit price of goods and services is determined based on the records and documents of the violating organization or individual. In the case that there are no records or documents to determine it, the unit price is determined according to the market price of similar goods and services at the time the violation is discovered. In the case that the quantity, volume, or unit price cannot be determined, the illegal gain obtained is the entire amount of money involved.

positions, individuals gain from the transfer, consumption, disposal, destruction in violation of regulations.

Illegal profits are objects or other assets that organizations or individuals obtain from administrative violations, which are other assets as prescribed by the Civil Code.

Article 6. Regulations on fines and authority to impose penalties

1. The maximum monetary penalty for each administrative violation in animal husbandry is 100,000,000 VND for individuals and 200,000,000 VND for organizations.

2. The monetary penalty specified in Chapter II of this Decree is the penalty applied to administrative violations committed by individuals. For organizations committing the same violation, the monetary penalty is twice the amount of the penalty for individuals.

3. The sanctioning authority of the positions specified in Chapter III of this Decree is the authority applied to an administrative violation by an individual. In case of a monetary fine, the sanctioning authority for organizations is twice the sanctioning authority for individuals.

Chapter II. ADMINISTRATIVE VIOLATIONS, FORMS OF PENALTIES

AND MEASURES TO RECTIFY CONSEQUENCES

Section 1. VIOLATIONS OF REGULATIONS ON LIVESTOCK BREEDS

Article 7. Violations of regulations on collection, preservation, exploitation, and development of livestock genetic resources

1. A fine of 15,000,000 VND to 20,000,000 VND for the act of exploiting genetic resources of livestock breeds in the List of Livestock Breeds Needing Conservation not in accordance with the content approved by the competent state authority.

2. A fine of 20,000,000 VND to 25,000,000 VND for the act of exploiting genetic resources of livestock breeds in the List of Livestock Breeds Needing Conservation without the permission of the competent state authority.

3. A fine of 25,000,000 VND to 30,000,000 VND for the act of slaughtering, trading, destroying, exporting, or using newly discovered livestock genetic resources without the appraisal and evaluation results from the competent state agency.

4. Fine from 30,000,000 VND to 40,000,000 VND for the act of destruction

destruction, seizure of livestock genetic resources.

5. A fine of from 40,000,000 VND to 50,000,000 VND for acts of sabotage or appropriation of valuable and rare livestock genetic resources.

6. Forms of supplementary penalties:

Confiscation of the means of violation for acts that violate the provisions of this Article.

7. Measures to remedy the consequences:

Obligation to return an amount of money equivalent to the value of the administrative violation means that have been consumed, disposed of, or destroyed for acts that violate the provisions of this Article.

Article 8. Violation of regulations regarding livestock breeds prohibited from export; exchange of rare and precious livestock genetic resources.

1. Fines from 15,000,000 VND to 20,000,000 VND for the act of exchanging genetic resources of rare and precious livestock breeds not in accordance with the approval of the Minister of Agriculture and Environment.

2. Fines from 20,000,000 VND to 30,000,000 VND for the act of exporting or internationally exchanging livestock breeds and livestock breed products listed in the Catalog of livestock breeds prohibited from export for scientific research, exhibition, or advertising purposes not in accordance with the approval of the Minister of Agriculture and Environment.

3. Fines from 40,000,000 VND to 50,000,000 VND for one of the following violations:

a) Exchanging genetic resources of rare and precious livestock breeds without the approval of the Minister of Agriculture and Environment;

b) Exporting or international exchange of livestock breeds and livestock breed products listed in the Catalogue of livestock breeds prohibited from export for the purposes of scientific research, exhibitions, or advertising without the approval of the Minister of Agriculture and Environment.

4. Additional forms of penalty:

Confiscation of materials related to violations of the regulations in this Article.

5. Remedial measures:

Obligation to return an amount of money equivalent to the value of the administrative violation means that have been consumed, disposed of, or destroyed for acts that violate the provisions of this Article.

Article 9. Violations of regulations on importing livestock breeds and livestock breed products

1. A fine of 5,000,000 VND to 7,000,000 VND shall be imposed for importing livestock breeds or livestock breed products that are not certified by the competent authority or an organization authorized by the competent authority of the exporting country regarding breed quality and use purposes for breeding or breed creation.

2. Measures to remedy the consequences:

Forced removal from the territory of the Socialist Republic of Vietnam or re-export of livestock breeds, livestock breed products for acts violating the provisions in Clause 1 of this Article; in cases where removal from the territory of the Socialist Republic of Vietnam or re-export is not possible, forced conversion of use purpose; if conversion of use purpose is not possible, forced destruction.

Article 10. Violations of regulations on conditions for the production and trading of livestock breeds

1. A fine of VND 3,000,000 to VND 5,000,000 for acts of trading livestock breeds without keeping records, or keeping records but not updating full information on livestock breed trading.

2. A fine of VND 5,000,000 to VND 7,000,000 for acts of producing any type of livestock breed without breed records or without fully updated breed records; not keeping or keeping incomplete breed records as prescribed.

3. Fines from 7,000,000 VND to 10,000,000 VND for the act of breeding or maintaining parent stock, breeding establishment, or livestock breed without technical staff with at least a university degree in one of the following majors: animal husbandry, veterinary medicine, or biology.

4. Fines from 10,000,000 VND to 15,000,000 VND for the act of producing or trading new livestock lines or breeds that have not yet had recognized experimental results or have not yet had the results of ministerial or national-level scientific and technological tasks recognized, or approved by a competent authority.

5. Remedial measures:

Mandatory recall and conversion of the use purpose of livestock lines or breeds sold to the market for violations of the provisions in Clause 4 of this Article; in cases where conversion of the use purpose is not possible, destruction must be carried out.

Article 11. Violations of regulations on the conditions for production and trading of semen, embryos, eggs, and larvae.

1. A fine of 500,000 VND to 1,000,000 VND for the act of using a breeding male for direct mating for commercial purposes without documented breeding records; using a male breeding animal that has not been inspected or quality-assessed.

2. A fine of 1,000,000 VND to 3,000,000 VND for any of the following violations regarding the purchase and sale of semen or livestock embryos:

a) Storage facilities are not separated or are contaminated by pesticides or toxic chemicals;

b) No records are kept to monitor the storage, purchase, and sale of semen or embryos.

3. A fine of 3,000,000 VND to 5,000,000 VND for individuals providing artificial insemination services or embryo transfer of livestock without maintaining records of household owners, male and female animal identification numbers, mating dates, and mating attempts as required.

4. A fine of 5,000,000 to 7,000,000 VND shall be imposed for the act of buying and selling breeding eggs, breeding larvae of livestock without pedigree records as prescribed.

5. A fine of 7,000,000 to 10,000,000 VND shall be imposed for any of the following violations of regulations on the production of semen, embryos, breeding eggs, or breeding larvae of livestock:

a) Not having monitoring records of semen quality indicators during the inspection period, or when collecting semen from breeding males;

b) Not having specialized equipment that meets technical requirements for producing, testing, evaluating, storing, and transporting semen, embryos, breeding eggs, or breeding larvae;

c) Producing semen from breeding males whose individual productivity has not been tested or does not meet quality standards as prescribed;

d) Collecting breeding eggs not from parent stock or an equivalent level, except for collection in the wild.

6. Measures to remedy consequences:

Forced conversion of the purpose of use of semen, breeding eggs for violations specified in points c and d of Clause 5 of this Article; in cases where conversion of purpose is not possible, destruction shall be enforced.

Article 12. Violations of regulations on the quality of breeding animals in production and trading

1. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed for producing or trading breeding animals with each quality indicator lower than the announced standard for lots valued below 50,000,000 VND.

2. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed for producing or trading breeding animals with each quality indicator lower than the announced standard for lots valued from 50,000,000 VND or more.

3. Measures to remedy consequences:

Mandate the recall and conversion of the purpose of use of livestock breeds that have been sold on the market for violations of the provisions of this Article; if the purpose of use cannot be converted, destruction must be enforced.

Article 13. Violation of regulations on Professional Certificates

1. Fines ranging from 3,000,000 VND to 5,000,000 VND for any of the following violations:

a) Borrowing, lending, renting, or letting rent Artificial Insemination Professional Certificates or livestock embryo transfer technique certificates to practice artificial insemination or livestock embryo transfer techniques;

b) Practicing artificial insemination or livestock embryo transfer techniques without an Artificial Insemination Professional Certificate or livestock embryo transfer technique certificate.

2. Fines ranging from 5,000,000 VND to 10,000,000 VND for acts of erasing, amending, or falsifying content in Artificial Insemination Professional Certificates or livestock embryo transfer technique certificates.

3. Forms of supplementary penalties:

Revocation of the right to use the certificate of practice for artificial insemination, animal embryo transfer techniques from 01 month to 03 months for violations specified in point a, clause 1 of this Article.

4. Measures to remedy consequences:

Obliged to return the certificate of practice for artificial insemination, animal embryo transfer techniques that has been erased, altered, or modified causing content distortion to the competent authority that issued it for violations specified in clause 2 of this Article.

Section 2. VIOLATIONS OF REGULATIONS ON ANIMAL FEED

Article 14. Violations of regulations on the conditions of animal feed production facilities

1. Fines ranging from 3,000,000 VND to 5,000,000 VND for any of the following violations:

a) Not having suitable production lines and equipment to produce animal feed as prescribed;

b) Failing to control pests, impurities, or waste causing contamination, affecting the safety and quality of animal feed;

c) Failing to inspect, calibrate, or adjust measuring equipment and instruments as prescribed;

d) Failing to conduct quality analysis of feed products during the production process;

d) Not having a technical supervisor or having a technical supervisor with inappropriate professional qualifications;

e) Failing to collect and treat waste to prevent contamination of the product;

g) Failing to design the production area or arrange equipment according to the one-way rule from input materials to output products, ensuring separation between production areas to avoid cross-contamination; except in cases where materials or finished products are tightly packaged, or production areas are arranged separately;

h) Failing to implement measures to store feed materials according to the recommendations of the supplying organization or individual.

2. A fine of VND 5,000,000 to VND 10,000,000 for the act of producing animal feed containing antibiotics without implementing control measures to prevent dissemination or cross-contamination between different types of antibiotics, or between animal feed containing antibiotics and animal feed not containing antibiotics.

3. A fine of VND 10,000,000 to VND 15,000,000 for the act of producing each animal feed product that has not had its product information disclosed on the Electronic Information Portal of the Ministry of Agriculture and Environment.

4. A fine of VND 15,000,000 to VND 20,000,000 for the act of erasing, amending, or falsifying content in the Certificate of Eligibility for Animal Feed Production.

5. A fine of from 20,000,000 VND to 25,000,000 VND for the act of a feed production facility located in an area polluted by hazardous waste or toxic chemicals without preventive measures to prevent the risk of pollution.

6. A fine of from 25,000,000 VND to 30,000,000 VND for the act of producing animal feed during the period when production is suspended by a competent state authority.

7. A fine of from 30,000,000 VND to 35,000,000 VND for the act of producing animal feed without a Certificate of Eligibility for Animal Feed Production.

8. Additional forms of punishment:

a) Suspension of animal feed production activities from 01 month to 03 months for acts violating the provisions in Clauses 3 and 5 of this Article;

b) Revocation of the right to use the Certificate of Eligibility for Animal Feed Production from 01 month to 03 months for acts violating the provisions in Clause 6 of this Article.

9. Measures to remediate consequences:

a) Compel the recall and conversion of the use purpose of feed products in cases of violations specified in Clauses 3, 6, and 7 of this Article; if it is not possible to convert the use purpose, compulsory destruction must be enforced;

b) Compel the return of the Certificate of Eligibility for Feed Production that has been erased, altered, or falsified for cases violating the provisions in Clause 4 of this Article to the competent authority that issued it;

c) Compel the return of illegal profits for violations specified in Clauses 3, 6, and 7 of this Article.

Article 15. Violations of regulations on product information disclosure and the obligations of feed production establishments

1. A fine ranging from 1,000,000 VND to 3,000,000 VND shall be imposed for acts of changing information on product labels already disclosed on the Ministry of Agriculture and Environment's electronic information portal without making the required disclosure of the changes in information according to regulations.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following violations:

a) Failing to retain samples or retain the results of feed testing as prescribed;

b) Failing to implement the quality control process or not fully implementing the contents of the quality control process;

c) Failing to record and keep a production log as prescribed.

3. A fine of 5,000,000 VND to 7,000,000 VND for acts of repairing, erasing to distort the content of documents or making false declarations in the self-declared information dossier of each animal feed product on the Electronic Information Portal of the Ministry of Agriculture and Environment.

4. A fine of 7,000,000 VND to 10,000,000 VND for acts of not

Comply with the requirement to evaluate and supervise the maintenance of livestock feed production conditions.

5. Additional forms of sanction:

Suspend animal feed production activities from 01 month to 03 months for violations of the provisions in Clause 4 of this Article.

6. Measures to remedy consequences:

Compel the correction of false information on the Electronic Information Portal of the Ministry of Agriculture and Environment for violations of the provisions in Clause 3 of this Article.

Article 16. Violations of quality regulations in animal feed production

1. Issue a warning for the act of producing each animal feed product with the content of each quality indicator less than the minimum level or higher than the maximum level by less than 2% compared to the applicable published standard or as stated on the product label, or each safety indicator being less than 2% compared to the regulations in the corresponding technical standard or the applicable published standard.

2. Impose a fine of 3,000,000 VND to 5,000,000 VND for the act of producing each animal feed product with the content of each quality indicator less than the minimum level or higher than the maximum level from 2% to less than 5% compared to the applicable published standard or as stated on the product label, or each safety indicator exceeding by 2% to less than 5% compared to the regulations in the corresponding technical standard or the applicable published standard.

3. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed for the act of producing each feed product with the quantitative content of each non-primary quality indicator lower than the minimum level or higher than the maximum level from 5% to less than 15% compared to the applicable published standard or stated on the product label.

4. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed for any of the following violations regarding the production of each feed product:

a) Having the quantitative content of each non-primary quality indicator lower than the minimum level or higher than the maximum level from 15% to less than 30% compared to the applicable published standard or stated on the product label;

b) Having the quantitative content of each primary quality indicator lower than the minimum level or higher than the maximum level from 5% to less than 15% compared to the applicable published standard or stated on the product label.

5. A fine of VND 15,000,000 to VND 20,000,000 for any of the following violations regarding the production of each animal feed product:

a) Having the quantified content of each non-main quality indicator lower than the minimum or higher than the maximum by 30% or more compared to the applied published standard or stated on the product label;

b) Having the quantified content of each main quality indicator lower than the minimum or higher than the maximum from 15% to less than 30% compared to the applied published standard or stated on the product label.

6. A fine of VND 20,000,000 to VND 25,000,000 for any of the following violations regarding the production of each animal feed product:

a) Having each harmful microorganism indicator exceed the maximum limit regulated in the technical regulations or the applied published standard;

b) Having the quantitative content of each safety indicator higher than the maximum level by 5% or more compared to the regulations in the applicable technical standards or published standards.

7. Measures to remedy the consequences:

Mandatory recall and recycling of the batch of animal feed products for violations of the provisions in Clauses 2, 3, 4, 5, and 6 of this Article; in cases where recycling is not possible, conversion of the purpose of use is mandatory; in cases where conversion of the purpose of use is not possible, destruction is mandatory.

Article 17. Violations of regulations on the sale and import of animal feed

1. A fine of VND 5,000,000 to VND 7,000,000 shall be imposed on animal feed importing establishments that violate any of the following acts:

a) Altering, erasing to distort the content of documents or making false declarations in the registration dossiers for inspection and quality confirmation of each animal feed product on the National Single Window Portal;

b) Altering, erasing to distort the content of documents or making false declarations in the self-declaration dossiers of each animal feed product on the electronic portal of the Ministry of Agriculture and Environment.

2. A fine from 7,000,000 VND to 10,000,000 VND for one of the following violations:

a) Buying or selling any animal feed product that has not yet been announced on the electronic portal of the Ministry of Agriculture and Environment;

b) Importing each type of animal feed product that has not had its product information announced on the Electronic Information Portal of the Ministry of Agriculture and Environment, except in cases of import for introduction at fairs and exhibitions, adaptation feeding, research, testing, making analytical samples in laboratories, production, or processing for the purpose of export.

3. A fine from 10,000,000 VND to 15,000,000 VND for the act of using each type of animal feed product imported for introduction at fairs and exhibitions, adaptation feeding, research, testing, making analytical samples in laboratories, production, or processing for export purposes for purposes other than those stated in the import license.

4. Additional forms of penalty:

Suspension of trading and importing animal feed from 01 month to 03 months for violations of the provisions in Clause 2 of this Article.

5. Remedial measures:

a) Be obliged to correct false information on the Electronic Information Portal of the Ministry of Agriculture and Environment for violations of the provisions at point b, clause 1 of this Article;

b) Be obliged to recall and convert the purpose of use of a batch of feed products for violations of the provisions at point a, clause 2 of this Article; in case the purpose of use cannot be converted, be obliged to destroy it;

c) Be obliged to remove from the territory of the Socialist Republic of Vietnam or re-export a batch of feed products for violations of the provisions at point b, clause 2 of this Article; in case it cannot be removed from the territory of the Socialist Republic of Vietnam or re-exported, be obliged to convert its purpose of use; in case the purpose of use cannot be converted, be obliged to destroy it;

d) Be obliged to recall and destroy a batch of feed products for violations of the provisions of clause 3 of this Article;

d) Be obliged to return the illegal profits obtained from committing acts violating the provisions in Clause 2 of this Article.

Article 18. Violations of regulations on quality in the trading of animal feed

1. Warning shall be imposed for the act of buying and selling each animal feed product with the quantified content of each quality indicator lower than the minimum level or higher than the maximum level by less than 2% compared to the published standard or stated on the product label, or each safety indicator lower by less than 2% compared to the provisions in the technical regulations or the published standard applied.

2. A fine of 2,000,000 VND to 3,000,000 VND shall be imposed for the act of buying or selling each livestock feed product with the quantitative content of each quality indicator being lower than the minimum level or higher than the maximum level by 2% to less than 5% compared to the announced standard or as stated on the product label, or for each safety indicator exceeding from 2% to less than 5% compared to the requirements in the technical regulations or announced standard applied.

3. A fine of 3,000,000 VND to 5,000,000 VND shall be imposed for the act of buying or selling each livestock feed product with the content of each non-main quality indicator being lower than the minimum level or higher than the maximum level by 5% to less than 15% compared to the announced or applicable standard or as stated on the product label.

4. A fine of 5,000,000 VND to 7,000,000 VND shall be imposed for one of the following violations regarding the buying or selling of each livestock feed product:

a) Having the quantitative content of each non-primary quality indicator lower than the minimum level or higher than the maximum level from 15% to less than 30% compared to the applicable published standard or stated on the product label;

b) Having the quantitative content of each primary quality indicator lower than the minimum level or higher than the maximum level from 5% to less than 15% compared to the applicable published standard or stated on the product label.

5. Fines from 7,000,000 VND to 10,000,000 VND for the act of buying and selling each feed product with the quantitative content of each non-principal quality indicator lower than the minimum level or higher than the maximum level by 30% or more compared to the announced applicable standard or stated on the product label.

6. Fines from 10,000,000 VND to 15,000,000 VND for the act of buying and selling each feed product with the quantitative content of each principal quality indicator lower than the minimum level or higher than the maximum level from 15% to less than 30% compared to the announced applicable standard or stated on the product label.

7. Fines from 15,000,000 VND to 20,000,000 VND for any of the following violations regarding the buying and selling of each feed product:

a) Having each harmful microorganism indicator exceeding the allowed limit specified in the technical regulations or announced applicable standard;

b) Having the quantitative content of each safety indicator higher than the maximum level by 5% or more compared to the regulations in the national technical standards or the published applicable standards.

8. Measures to remedy consequences:

Force the recall and recycling of the batch of animal feed products for violations specified in clauses 2, 3, 4, 5, 6, and 7 of this Article; if recycling is not possible, it must be repurposed; if repurposing is not possible, it must be destroyed.

Article 19. Violations of quality regulations in the import of animal feed

1. Warning penalties for importing each animal feed product with the quantitative content of each quality indicator lower than the minimum level or higher than the maximum level by less than 2% compared to the published applicable standard or stated on the product label, or each safety indicator less than 2% compared to the regulations in the technical standards or in the published applicable standard.

2. A fine of 3,000,000 VND to 5,000,000 VND shall be imposed for the act of importing each animal feed product whose quantified content of any quality indicator is lower than the minimum or higher than the maximum by 2% to less than 5% compared to the published applicable standard or stated on the product label, or each safety indicator exceeding 2% to less than 5% compared to the regulations in the technical standards or in the published applicable standard.

3. Fines from 5,000,000 VND to 10,000,000 VND for the act of importing each feed product with the quantified content of each non-primary quality indicator being lower than the minimum level or higher than the maximum level by 5% to less than 15% compared to the applied published standard or labeled on the goods.

4. Fines from 10,000,000 VND to 15,000,000 VND for any of the following violations regarding the import of each feed product:

a) Having the quantitative content of each non-primary quality indicator lower than the minimum level or higher than the maximum level from 15% to less than 30% compared to the applicable published standard or stated on the product label;

b) Having the quantitative content of each primary quality indicator lower than the minimum level or higher than the maximum level from 5% to less than 15% compared to the applicable published standard or stated on the product label.

5. Fines from 15,000,000 VND to 20,000,000 VND for any of the following violations regarding the import of each feed product:

a) Having each harmful microorganism indicator exceed the allowable threshold specified in the technical regulations or in the published standard applied;

b) Having the quantitative content of each safety indicator higher than the maximum level by 5% to less than 30% compared to the regulations in the technical standards or in the published standards applied;

c) Having the quantitative content of each main substance indicator lower than the minimum level or higher than the maximum level by 15% to less than 30% compared to the published standards applied or stated on the product label;

d) Having the quantitative content of each quality indicator that is not the main substance lower than the minimum level or higher than the maximum level by 30% or more compared to the published standards applied or stated on the product label.

6. A fine of from 20,000,000 VND to 25,000,000 VND shall be imposed for the act of importing each feed product with the quantitative content of each safety indicator higher than the maximum level by 30% or more compared to the regulations in the technical standards or in the published standards applied.

7. Measures to remedy the consequences:

a) Mandatory modification of the quality information on the feed product label or the technical documents accompanying the feed product batch without affecting the livestock in case of violations specified in Clauses 2, 3, and 4 of this Article; if the information cannot be modified, it is mandatory to remove it from the territory of the Socialist Republic of Vietnam or re-export it; if it cannot be removed from the territory of the Socialist Republic of Vietnam or re-exported, it is mandatory to convert its use; if its use cannot be converted, it is mandatory to destroy it;

b) Required to be removed from the territory of the Socialist Republic of Vietnam or to re-export the batch of animal feed products in case of violation of the regulations in Clause 5 and Clause 6 of this Article; if it is not possible to remove from the territory of the Socialist Republic of Vietnam or to re-export, it must be required to convert the purpose of use; if it is not possible to convert the purpose of use, it must be destroyed.

Article 20. Violations of regulations on expiration dates in the production, sale, and import of animal feed

Article 20. Violation of regulations on expiration date in the production, trading, and import of animal feed

1. Acts of selling or importing each animal feed product that has expired according to the label or documents attached to the animal feed product shall be penalized as follows:

a) A fine of 200,000 VND to 400,000 VND in case the value of the violating goods is under 1,000,000 VND;

b) A fine of 400,000 VND to 600,000 VND in case the value of the violating goods is from 1,000,000 VND to under 2,000,000 VND;

c) A fine of from 600,000 VND to 1,000,000 VND in cases where the value of the violating goods is from 2,000,000 VND to less than 3,000,000 VND;

d) Fine from 1,000,000 VND to 2,000,000 VND in case the value of the violated goods is from 3,000,000 VND to under 5,000,000 VND;

d) Fine from 2,000,000 VND to 3,000,000 VND in case the value of the violated goods is from 5,000,000 VND to under 10,000,000 VND;

e) Fine from 3,000,000 VND to 5,000,000 VND in case the value of the violated goods is from 10,000,000 VND to under 20,000,000 VND;

g) Fine from 5,000,000 VND to 7,000,000 VND in case the value of the violated goods is from 20,000,000 VND to under 30,000,000 VND;

h) Fine from 7,000,000 VND to 10,000,000 VND in case the value of the violated goods is from 30,000,000 VND to under 40,000,000 VND;

i) Fine from 10,000,000 VND to 15,000,000 VND in case the value of the violated goods is from 40,000,000 VND to under 50,000,000 VND;

k) A fine of from 15,000,000 VND to 20,000,000 VND in cases where the value of the violated goods is from 50,000,000 VND to under 70,000,000 VND;

l) A fine of from 20,000,000 VND to 30,000,000 VND in cases where the value of the violated goods is from 70,000,000 VND to under 100,000,000 VND;

m) A fine of from 30,000,000 VND to 40,000,000 VND in cases where the value of the violated goods is 100,000,000 VND or more.

2. A fine of from 5,000,000 VND to 10,000,000 VND for acts of not recording or incorrectly recording the manufacturing date on the label or accompanying documents of animal feed products in the production or importation of each animal feed product.

3. Measures to remedy consequences:

a) Required to return the illegal gains obtained from committing the violations specified in Clause 1 of this Article;

b) Be forced to be removed from the territory of the Socialist Republic of Vietnam or to re-export the imported batch of animal feed products for acts violating the provisions at Clause 1 of this Article; in cases where it is not possible to remove from the territory of the Socialist Republic of Vietnam or re-export, it must be converted to another purpose

intended use; in cases where the intended use cannot be changed, destruction is mandatory;

c) Forced to amend information about the production date for batches of animal feed products in cases of violations of the provisions in Clause 2 of this Article.

Article 21. Violations of regulations on the production, sale, and import of animal feed containing antibiotics, chemicals, biological products, and microorganisms prohibited for use in animal feed.

1. Fines from 5,000,000 VND to 10,000,000 VND for the act of producing, trading, or importing each feed product with an antibiotic content different from the content stated on the product label or accompanying documents by 10% to less than 30%.

2. Fines from 10,000,000 VND to 15,000,000 VND for any of the following violations:

a) Producing, trading, or importing each feed product containing antibiotics intended for treating animal diseases or non-prescription veterinary drugs to treat animal diseases without providing all information as prescribed;

b) Producing, trading, or importing each feed product with antibiotic content different from the prescribed content or as stated on the product label or accompanying documents by 30% or more;

c) Producing each animal feed product containing antibiotics for the purpose of treating animal diseases without a prescription from a licensed practitioner or with a prescription that does not contain complete information as required by veterinary law.

3. Fines from 15,000,000 VND to 20,000,000 VND for one of the following violations:

a) Producing, trading, or importing any livestock feed product containing antibiotics for the purpose of disease prevention in animals;

b) Producing, trading, or importing any livestock feed product containing antibiotics for the purpose of growth stimulation.

4. Fines from 20,000,000 VND to 25,000,000 VND for producing, trading, or importing any livestock feed product containing veterinary drugs not yet permitted for circulation in Vietnam or not authorized by the competent authority, with a value under 200,000,000 VND or illegal profit under 100,000,000 VND.

5. Fines from 25,000,000 VND to 30,000,000 VND for producing, trading, or importing any livestock feed product containing veterinary drugs not yet permitted for circulation in Vietnam or not authorized by the competent authority

allowed to have a value of 200,000,000 VND or more, or to gain illicit profits of 100,000,000 VND or more in cases where the competent authority conducting criminal proceedings issues a decision not to prosecute a criminal case, a decision to annul the decision to prosecute a criminal case, a decision to suspend the investigation, a decision to suspend the case, or a decision to suspend the case against the accused, exempting criminal liability according to the judgment.

6. The act of producing, trading, or importing animal feed containing chemicals, biological products, or microorganisms prohibited from use in animal feed shall be subject to the following penalties:

a) Fines from 60,000,000 VND to 80,000,000 VND for acts of producing, trading, or importing each feed product containing chemicals, biological products, or microorganisms banned for use in animal feed, where the total value of the violating feed products is under 100,000,000 VND or the illicit gain is under 50,000,000 VND;

b) A fine of VND 80,000,000 to VND 100,000,000 shall be imposed for acts of producing, trading, or importing each feed product containing chemicals, biological products, or microorganisms prohibited in animal feed where the total value of violating feed products is VND 100,000,000 or more or the illicit gains are VND 50,000,000 or more, when the competent authority initiates criminal proceedings and issues a decision not to prosecute a criminal case, a decision to cancel the decision to prosecute a criminal case, a decision to suspend investigation, a decision to suspend the case, or a decision to suspend the case against the accused, exempting criminal responsibility according to the judgment.

7. Forms of additional penalties:

a) Suspension of the production, trading, or importing of animal feed from 01 month to 03 months for violations under Clause 4 and Clause 5 of this Article;

b) Suspend the activities of production, trading, and importing animal feed for a period of 03 to 06 months for acts violating the provisions specified in Clause 6 of this Article.

8. Measures to remedy consequences:

a) Mandatory correction of information on product labels or accompanying documents for batches of animal feed containing antibiotics or non-prescription veterinary drugs in cases of violations of the provisions at point a, clause 2 of this Article; if the information cannot be corrected, the purpose of use must be changed; if the purpose of use cannot be changed, destruction is required;

b) Require the recycling of batches of feed products containing antibiotics in production and trading for acts violating the provisions in Clause 1 and Point b, Clause 2

This; in cases where it cannot be recycled, it must be repurposed; in cases where it cannot be repurposed, it must be destroyed;

c) Forced to be removed from the territory of the Socialist Republic of Vietnam or re-exported if the imported animal feed products contain antibiotics in violation of the regulations in Clause 1, Point b of Clause 2, Clauses 3, 4, and 5 of this Article; if it is not possible to remove from the territory of the Socialist Republic of Vietnam or re-export, they must be forced to convert the purpose of use; if it is not possible to convert the purpose of use, they must be forced to be destroyed;

d) Mandatory conversion of the purpose of use of animal feed products containing antibiotics in production or trade for acts violating the provisions at point c, clauses 2, 3, 4, and 5 of this Article; if conversion of use is not possible, compulsory destruction is required;

d) Mandatory destruction of animal feed products containing chemicals, biological products, or microorganisms prohibited from use in animal feed in production or trade for acts violating the provisions of clause 6 of this Article;

e) Mandatory removal from the territory of the Socialist Republic of Vietnam or re-export of animal feed products containing chemicals, biological products, or microorganisms prohibited from use in animal feed in import for acts violating the provisions of clause 6 of this Article; if removal from the territory of the Socialist Republic of Vietnam or re-export is not possible, compulsory destruction is required;

g) Mandatory return of illegal profits obtained from violations of the provisions in Clauses 4, 5, and 6 of this Article.

Article 22. Violations of regulations on the use of feed materials

1. A fine of 10,000,000 VND to 15,000,000 VND shall be imposed for using any type of raw material not listed in the Catalogue of materials permitted for animal feed to produce animal feed valued under 200,000,000 VND or to gain illicit profits under 100,000,000 VND.

2. A fine of from 15,000,000 VND to 20,000,000 VND shall be imposed for the act of using any type of raw material not listed in the Catalogue of raw materials allowed for use in animal feed production to manufacture animal feed with a value of 200,000,000 VND or more, or for gaining illegal profits of 100,000,000 VND or more when the competent authority, during criminal proceedings, issues a decision not to prosecute, a decision to cancel the prosecution initiation, a decision to suspend the investigation, a decision to suspend the case, or a decision to suspend the case against the defendant, or to exempt criminal liability according to the judgment.

3. Forms of supplementary penalties:

Suspension of animal feed production activities from 01 month to 03 months for the violation of the provisions of this Article.

4. Measures to remedy consequences:

a) Mandatory return of illegally obtained profits resulting from the violation of the provisions of this Article;

b) Mandatory conversion of the purpose of use of the batch of livestock feed raw materials and the batch of livestock feed products for acts of violation of the provisions of this Article; in case it is impossible to convert the purpose of use, mandatory destruction.

Section 3. VIOLATIONS OF REGULATIONS ON LIVESTOCK FARMING CONDITIONS

Article 23. Violation of regulations on household livestock farming conditions

1. A fine of 1,000,000 VND to 2,000,000 VND shall be imposed for acts of fraud in declarations for the purpose of profiteering.

2. A fine of 2,000,000 VND to 3,000,000 VND shall be imposed for acts of livestock farming in areas where farming is not permitted.

3. Measures to remedy consequences:

a) Required to return the illegal gains obtained from committing the violations specified in Clause 1 of this Article;

b) Compulsory relocation of livestock from areas where farming is not permitted for acts violating the provisions of Clause 2 of this Article.

Article 24. Violations of the provisions on conditions for medium-scale and small-scale farm livestock

1. A fine of 2,000,000 VND to 3,000,000 VND shall be imposed for one of the following acts:

a) Failing to keep and fully update records on the livestock farming process, use of livestock feed, veterinary drugs, vaccines, and other information to ensure traceability;

b) Failing to ensure the safety distance in farm livestock as prescribed.

2. Acts violating the provisions on livestock declaration shall be penalized as follows:

a) A fine from 3,000,000 VND to 5,000,000 VND for the act of not

carry out the declaration;

b) A fine of from 5,000,000 VND to 10,000,000 VND for fraudulent declarations aimed at profiteering.

3. A fine of from 10,000,000 VND to 15,000,000 VND for livestock farming in areas where farming is not permitted according to regulations.

4. Measures to remedy consequences:

a) Be required to reduce the scale of livestock farming to comply with the prescribed distance for acts of violation of the provisions specified in point b, clause 1 of this Article;

b) Be required to return the illegal profits obtained from the acts of violation of the provisions specified in point b, clause 2 of this Article;

c) Be required to relocate the livestock farm out of areas where farming is not permitted for acts of violation of the provisions specified in clause 3 of this Article.

Article 25. Violation of regulations on conditions for large-scale farm livestock.

1. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Failing to keep and fully update records on the livestock farming process, use of livestock feed, veterinary drugs, vaccines, and other information to ensure traceability;

b) Failing to ensure the safety distance in farm livestock as prescribed.

2. Fines from 5,000,000 VND to 7,000,000 VND for the act of not complying with the request for supervision and evaluation of maintaining livestock conditions.

3. Fines from 7,000,000 VND to 10,000,000 VND for the act of erasing, correcting, or falsifying the contents in the Certificate of Livestock Condition Compliance.

4. Violations regarding livestock declaration are fined as follows:

a) Fines from 5,000,000 VND to 10,000,000 VND for the act of failing to make a declaration;

b) Fines from 10,000,000 VND to 15,000,000 VND for fraudulent declarations for the purpose of profit.

5. Fines from 15,000,000 VND to 20,000,000 VND for carrying out livestock activities without a Certificate of Livestock Condition Compliance.

6. Fines from 20,000,000 VND to 25,000,000 VND for livestock farming in areas where livestock farming is not permitted.

7. Measures to remedy the consequences:

a) Be required to reduce the scale of livestock farming to comply with the prescribed distance for acts of violation of the provisions specified in point b, clause 1 of this Article;

b) Be required to return the Certificate of Eligibility for Livestock Production that has been erased or amended to distort the content to the competent authority that issued it for acts violating the provisions of Clause 3 of this Article;

c) Be required to return the illegal profits obtained from acts violating the provisions specified in Point b, Clause 4 of this Article;

d) Be required to relocate the livestock farm out of areas where livestock farming is not permitted for acts violating the provisions of Clause 6 of this Article.

Article 26. Violations of regulations on swiftlet farming activities, regulations on distance in beekeeping activities

1. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed for acts of failing to ensure the minimum distance between bee placement points as prescribed.

2. Fines from 3,000,000 VND to 5,000,000 VND for using loudspeakers to emit sounds to lure swiftlets in cases where the swiftlet house is located within a residential community, or the swiftlet house is less than 300 meters from the residential community, operating before the effective date of Decree No. 13/2020/NĐ-CP.

3. Fines from 5,000,000 VND to 10,000,000 VND for one of the following violations:

a) Using sound-emitting devices to lure swiftlets beyond the maximum allowable noise level according to regulations;

b) Emitting sounds to lure swiftlets outside the time period specified by regulations.

4. Fines from 10,000,000 VND to 15,000,000 VND for the following violation:

a) Hunting or luring swiftlets to use for purposes other than raising swiftlets for bird's nest exploitation or scientific research;

b) Expanding an active swiftlet house before the effective date of Decree No. 13/2020/NĐ-CP for a swiftlet house located within a residential community or outside the swiftlet farming area.

5. Additional forms of sanction:

Seize the items used to carry out the violation specified in point a, clause 4 of this Article.

6. Measures to remedy consequences:

a) Require moving the bee colony to ensure the regulated distance for violations specified in clause 1 of this Article;

b) Require implementing noise reduction measures according to regulations for violations specified in point a, clause 3 of this Article;

c) Require releasing swiftlets back into the natural environment for violations specified in point a, clause 4 of this Article;

d) Require returning an amount of money equal to the value of the administratively violated items that were consumed, disposed of, or destroyed as specified in point a, clause 4 of this Article;

đ) Require restoring the original condition for violations specified in point b, clause 4 of this Article.

Article 27. Violations of regulations in livestock raising regarding the use of feed containing antibiotics; using ingredients not listed in the List of allowed ingredients for livestock feed; using chemicals, biological products, microorganisms not listed in the approved List for use in livestock waste treatment products in Vietnam; using chemicals, biological products, or microorganisms prohibited in livestock feed.

1. The act of using livestock feed containing antibiotics not in compliance with the guidance of the organization or individual producing or supplying the feed shall be penalized as follows:

a) A fine from 500,000 VND to 1,000,000 VND for small-scale farm livestock raising;

b) A fine from 1,000,000 VND to 3,000,000 VND for medium-scale farm livestock raising;

c) A fine from 3,000,000 VND to 5,000,000 VND for large-scale farm livestock raising.

2. The act of not recording the use of animal feed containing antibiotics

for the purpose of treating sick animals, the penalties are as follows:

a) A fine of 1,000,000 dong to 3,000,000 dong for small-scale farm livestock raising;

b) A fine of 3,000,000 VND to 5,000,000 VND for medium-scale farm livestock raising;

c) Fines from 5,000,000 VND to 7,000,000 VND for large-scale farm animal husbandry.

3. Acts of using feed containing antibiotics for the purpose of disease prevention for livestock, using antibiotics for the purpose of growth stimulation are penalized as follows:

a) Fines from 1,000,000 VND to 3,000,000 VND for household animal husbandry;

b) Fines from 3,000,000 VND to 5,000,000 VND for small-scale farm animal husbandry;

c) A fine of VND 5,000,000 to VND 7,000,000 for medium-scale farm livestock;

d) A fine of VND 7,000,000 to VND 10,000,000 for large-scale farm livestock.

4. Acts of using ingredients not listed in the permitted list of ingredients for animal feed; using chemicals, biological products, microorganisms not listed in the permitted list for use in livestock waste treatment products in Vietnam will be penalized as follows:

a) A fine of VND 3,000,000 to VND 5,000,000 for household livestock;

b) A fine of VND 5,000,000 to VND 7,000,000 for small-scale farm livestock;

c) A fine of VND 7,000,000 to VND 10,000,000 for medium-scale farm livestock;

d) A fine of VND 10,000,000 to VND 15,000,000 for large-scale farm livestock.

5. The act of using chemicals, biological products, and microorganisms prohibited in animal feed will be subject to penalties as follows:

a) A fine of from 50,000,000 VND to 60,000,000 VND for the act of using any chemical, biological product, or microorganism prohibited from use in feed

livestock farming that has not reached the level of criminal liability;

b) A fine of from 70,000,000 VND to 80,000,000 VND for the act of using each chemical, biological product, microorganism prohibited for use in animal feed to a level that could incur criminal liability, but the competent authority conducting criminal proceedings has a decision not to prosecute a criminal case, a decision to annul the decision to initiate a criminal case, a decision to suspend investigation, a decision to suspend the case, or a decision to suspend the case for the accused, exempting criminal liability according to the judgment.

6. Measures to remedy consequences:

a) Forced conversion of the purpose of using animal feed containing antibiotics in cases of violations under Clause 3 of this Article; if the conversion of purpose is not possible, forced destruction is required;

b) Forced destruction of chemicals, biological products, microorganisms prohibited from use in animal feed, raw materials not listed in the list of ingredients allowed for use in animal feed, chemicals, biological preparations, microorganisms not listed in the list permitted for use in livestock waste treatment products in Vietnam for violations under Clause 4 and Clause 5 of this Article;

c) Require the livestock facility to keep animals that have been given chemicals, biological products, or microorganisms banned from use in animal feed, raw materials not listed in the list of allowable ingredients for animal feed, chemicals, biological products, or microorganisms not included in the list allowed for use in livestock waste treatment products in Vietnam, until inspections confirm that no residues remain before they are allowed to be sold or slaughtered for violations of the provisions in clauses 4 and 5 of this Article; in cases where it is not possible to keep them until no residues remain, or in cases of repeated use of chemicals, biological products, or microorganisms banned from use in animal feed, raw materials not listed in the list of allowable ingredients for animal feed, chemicals, biological products, or microorganisms not included in the list allowed for use in livestock waste treatment products in Vietnam, the animals must be destroyed.

Article 28. Violations of regulations on livestock activities, humane treatment of animals, and control of slaughtering of terrestrial animals

1. A fine of 1,000,000 VND to 3,000,000 VND for acts of beating or cruelly mistreating pets.

2. A fine of 3,000,000 VND to 5,000,000 VND for centralized slaughterhouses with any of the following violations:

a) Not having a place to keep animals ensuring hygiene before slaughter;

b) Beating animals before slaughter;

c) Not having measures to stun animals before slaughter.

3. A fine of 10,000,000 VND to 15,000,000 VND for acts of obstructing or illegally infringing on lawful livestock activities.

4. Acts of introducing foreign objects, forcibly injecting water, or other substances into the bodies of land animals before slaughter will be fined as follows:

a) A fine of 5,000,000 VND to 10,000,000 VND for cases where the total weight of the violating animals is under 100 kg;

b) A fine ranging from 10,000,000 VND to 20,000,000 VND for cases where the total weight of animals in violation is from 100 kg to under 500 kg;

c) A fine ranging from 20,000,000 VND to 30,000,000 VND for cases where the total weight of animals in violation is from 500 kg to under 1,000 kg;

d) A fine ranging from 30,000,000 VND to 50,000,000 VND for cases where the total weight of animals in violation is 1,000 kg or more.

5. Additional forms of sanction:

Suspension of the facility’s operations from 01 month to 03 months for acts violating the provisions in clause 4 of this Article.

6. Measures to remedy consequences:

Forcing the slaughter of animals that have been injected with water against their will and heat-treating the animal products; requiring the destruction of animal products for acts of introducing foreign objects or other substances into the animal's body in violation of the provisions in clause 4 of this Article; in cases where it is impossible to slaughter animals that have been forcibly injected with water or in case of repeat violations, destruction is mandatory.

Article 29. Violations of regulations on livestock waste treatment

1. A fine of from 1,000,000 VND to 2,000,000 VND for household livestock farming for acts of not having measures to treat livestock manure and wastewater to ensure environmental hygiene and causing impact to surrounding people.

2. Acts of violating regulations on the treatment of organic solid waste that do not meet national technical standards will be fined as follows:

a) A fine of from 2,000,000 VND to 3,000,000 VND for small-scale farm livestock farming;

b) A fine of from 3,000,000 VND to 5,000,000 VND for farm livestock farming

medium-scale farm;

c) Fines from 5,000,000 VND to 7,000,000 VND for large-scale farm animal husbandry.

3. Acts of violating regulations on the treatment of livestock wastewater that do not meet national technical standards for livestock wastewater for crops will be sanctioned as follows:

a) A fine of from 3,000,000 VND to 5,000,000 VND for small-scale farm livestock;

b) A fine of from 5,000,000 VND to 7,000,000 VND for medium-scale farm livestock;

c) Fines from 7,000,000 VND to 10,000,000 VND for large-scale farm livestock production.

4. Measures to remedy consequences:

Required to implement measures to remediate environmental pollution and report the remediation results within the timeframe prescribed by the competent authority in the administrative penalty decision for violations of the provisions of this Article.

Section 4. VIOLATIONS OF REGULATIONS ON LIVESTOCK PROCESSING PRODUCTS, IMPORT OF LIVESTOCK PRODUCTS, IMPORT OF ANIMALS

LIVING IN FOOD PRODUCTION

Article 30. Violations of regulations on the purchase, sale, and import of livestock waste treatment products

1. Issue a warning for the act of buying, selling, or importing each livestock waste treatment product that has a quantitative content of any quality indicator lower than the minimum level or higher than the maximum level by less than 5% compared to the applied published standard or as stated on the product label.

2. Impose a fine of from 5,000,000 VND to 10,000,000 VND for any of the following violations:

a) Buying or selling each livestock waste treatment product with quality lower than the minimum level or higher than the maximum level by 5% or more compared to the applied published standard or as stated on the product label;

b) Import each livestock waste treatment product with quality

lower than the minimum level or higher than the maximum level by 5% or more compared to the published standard applied or stated on the product label;

c) Import each livestock waste treatment product but do not record or incorrectly record the production date on the label or documents attached to the livestock waste treatment product.

3. Fines from 10,000,000 VND to 15,000,000 VND for one of the following violations:

a) Buying or selling each livestock waste treatment product that has not been publicly announced on the Electronic Information Portal of the Ministry of Agriculture and Environment;

b) Importing each livestock waste treatment product that has not been publicly announced on the Electronic Information Portal of the Ministry of Agriculture and Environment.

4. A fine of 15,000,000 VND to 20,000,000 VND for one of the following violations:

a) Buying and selling each expired livestock waste treatment product;

b) Importing each expired livestock waste treatment product;

5. A fine ranging from 20,000,000 VND to 25,000,000 VND for the act of using each livestock waste treatment product for a purpose different from that stated in the import license, such as for testing, scientific research, exhibiting at fairs and exhibitions, making samples for laboratory analysis, or production and processing for export purposes.

6. A fine ranging from 25,000,000 VND to 30,000,000 VND for one of the following violations:

a) Trading livestock waste treatment products during the period when the competent state authority has suspended the trading activities of livestock waste treatment products;

b) Importing livestock waste treatment products during the period when the competent state authority has suspended the import activities of livestock waste treatment products.

7. Forms of additional penalties:

Suspension of trading and import activities of livestock waste treatment products for a period of 01 month to 03 months for violations specified in Clause 3 of this Article.

8. Measures to remedy consequences:

a) Compel the recall and conversion of the purpose of use of livestock waste treatment products for acts violating the regulations at point a, clause 2; point a, clause 3; point a, clause 4; and point a, clause 6 of this Article; in cases where conversion of use purpose is not possible, compulsion to destroy;

b) Compel the modification of information regarding the production date for batches of livestock waste treatment products for acts violating the regulations at point c, clause 2 of this Article;

c) Be required to remove from the territory of the Socialist Republic of Vietnam or re-export livestock waste treatment products for acts violating the provisions at point b, clause 2; point b, clause 3; point b, clause 4; and point b, clause 6 of this Article; in case it is not possible to remove from the territory of the Socialist Republic of Vietnam or re-export, be required to convert the purpose of use; in case it is not possible to convert the purpose of use, be required to destroy;

d) Be required to recall and destroy livestock waste treatment products for acts violating the provisions at clause 5 of this Article;

dd) Be required to surrender illegal profits obtained from acts violating the provisions at clauses 3, 4, and 6 of this Article.

Article 31. Violation of regulations for facilities producing livestock waste treatment products

1. Issue a warning penalty for the act of producing each livestock waste treatment product with the quantitative content of each quality indicator lower than the minimum or higher than the maximum by less than 5% compared to the published standard applied or stated on the product label.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed for any of the following violations:

a) No technical person in charge with a university degree or higher in one of the following majors: animal husbandry, veterinary, chemistry, biotechnology, environmental technology;

b) Failure to conduct quality analysis of livestock waste treatment products during production;

c) There are no production lines or suitable equipment to manufacture livestock waste treatment products;

d) No equipment to create an environment, store, and culture microorganisms ensuring safety for humans and the environment, or not performing storage in the case of a facility producing microbial biomass for producing treatment products

livestock waste;

d) Not storing samples, not storing the test results of livestock waste treatment products as prescribed;

e) Not recording and storing the production log as prescribed.

3. Fines from 5,000,000 VND to 7,000,000 VND for the following violations:

a) Altering, erasing, or falsifying the contents of documents or making untruthful declarations in the self-declaration dossiers of each livestock waste treatment product on the Electronic Portal of the Ministry of Agriculture and Environment;

b) Erasing, altering, or falsifying the contents in the Certificate of Eligibility for Producing Livestock Waste Treatment Products;

c) Failing to comply with the requirements for monitoring evaluation to maintain the production conditions of livestock waste treatment products.

4. Fines from 10,000,000 VND to 15,000,000 VND for the following violation:

a) Producing each livestock waste treatment product with a quality lower than the minimum level or higher than the maximum level by 5% or more compared to the published applied standard or stated on the product label;

b) Producing each livestock waste treatment product but not recording or incorrectly recording the production date on the label or accompanying documents of the livestock waste treatment product.

5. The act of using chemicals, biological preparations, or microorganisms not listed in the Allowed List for use in livestock waste treatment products in Vietnam will be penalized as follows:

a) A fine from 10,000,000 VND to 15,000,000 VND for the act of using each type of chemical, biological preparation, or microorganism not listed in the Allowed List for use in livestock waste treatment products in Vietnam to produce livestock waste treatment products valued under 200,000,000 VND or obtaining illegal profits under 100,000,000 VND;

b) A fine of from 15,000,000 VND to 20,000,000 VND shall be imposed for the act of using each type of chemical, biological preparation, or microorganism not listed in the Catalogue permitted for use in livestock waste treatment products in Vietnam with a value of 200,000,000 VND or more, or obtaining illicit profits of 100,000,000 VND or more, when the competent authority conducts criminal proceedings and issues a decision not to prosecute a criminal case, a decision to annul the decision to prosecute a criminal case, a decision to suspend the investigation, a decision to suspend the case or a decision to suspend the case against a defendant, or exempt from criminal liability according to the judgment.

6. A fine of 15,000,000 VND to 20,000,000 VND for the act of producing each livestock waste treatment product that has not been announced on the information portal of the Ministry of Agriculture and Environment.

7. Fines from 20,000,000 VND to 25,000,000 VND for acts of producing livestock waste treatment products without a certificate of eligibility for producing livestock waste treatment products.

8. Fines from 25,000,000 VND to 30,000,000 VND for acts of producing livestock waste treatment products during the period when the competent state authority suspends production.

9. Additional forms of punishment:

a) Suspension of production activities for livestock waste treatment products from 01 month to 03 months for violations specified in point c, clause 3, clauses 5 and 6 of this Article;

b) Revocation of the right to use the Certificate of Eligibility for Producing Livestock Waste Treatment Products from 01 month to 03 months for violations specified in clause 8 of this Article.

10. Measures to remedy consequences:

a) Be forced to correct false information on the electronic information portal of the Ministry of Agriculture and Environment for violations of the provisions in point a, Clause 3 of this Article;

b) Be forced to return the Certificate of Eligibility for the production of livestock waste treatment products that has been erased or altered, causing content distortion, to the competent authority that issued it for violations of the provisions in point b, Clause 3 of this Article;

c) Be forced to recall and recycle livestock waste treatment products for violations of the provisions in point a, Clause 4 of this Article; if recycling is not possible, be forced to convert the purpose of use; if conversion of purpose is not possible, be forced to destroy;

d) Be forced to amend information regarding the production date for batches of livestock waste treatment products for violations of the provisions in point b, Clause 4 of this Article;

d) Forced recall and conversion of the purpose of use of livestock waste treatment products for acts violating the provisions in clauses 5, 6, 7, and 8 of this Article; in case it is not possible to convert the purpose of use, destruction shall be enforced;

e) Forced return of illegal profits obtained from acts violating the provisions in clauses 5, 6, 7, and 8 of this Article.

Article 32. Violations of regulations on importing livestock products, live animals for food

1. A fine of VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following violations:

a) Importing live animals for food but keeping them for breeding purposes with commercial intent;

b) Importing any livestock product containing substances prohibited in livestock farming that has not yet reached the level of criminal liability.

2. A fine ranging from 40,000,000 VND to 50,000,000 VND for the act of importing any type of live animal that has used banned substances in livestock for food without reaching the level of criminal liability.

3. Forms of supplementary penalties:

Suspension of activities from 02 months to 04 months for acts violating the provisions at point b, clause 1 and clause 2 of this Article.

4. Measures to remedy consequences:

a) Compulsory use of imported animals for the correct purpose for acts violating the provisions at point a, clause 1 of this Article;

b) Compulsory removal from the territory of the Socialist Republic of Vietnam or re-export of animals and livestock products for acts violating the provisions at point b, clause 1 and clause 2 of this Article; in case it is not possible to remove from the territory of the Socialist Republic of Vietnam or re-export, compulsory destruction shall apply;

c) Compulsory return of illegal profits obtained from acts violating the provisions at point b, clause 1 and clause 2 of this Article.

Chapter III. AUTHORITY TO RECORD ADMINISTRATIVE VIOLATIONS

AND ADMINISTRATIVE VIOLATION SANCTIONS

Article 33. Authority to draw up administrative violation records

1. Persons authorized to draw up administrative violation records on livestock farming include:

a) Persons authorized to sanction administrative violations as stipulated from Article 34 to Article 40 of this Decree within the scope of functions, tasks, and powers assigned;

b) Public employees and officials in the agencies specified in Articles 34, 35, 39, and 40 of this Decree while performing their official duties and tasks

upon detecting administrative violations, has the right to make a record of administrative violations within the scope of functions, tasks, and powers assigned;

c) Individuals belonging to the People's Army, the People's Police as stipulated in Articles 36, 37, and 38 of this Decree, while performing their official duties, tasks, who detect administrative violations, have the right to record administrative violation minutes within the scope of assigned functions, tasks, and powers;

d) The head of the inspection team, the inspector, as a member of the inspection team, shall make a record of administrative violations for acts violating the provisions of this Decree according to the assigned tasks and powers.

2. The person authorized to make a record specified in Clause 1 of this Article is responsible for making a penalty decision within their authority or transferring it to the competent authority as stipulated from Article 34 to Article 40 of this Decree to make a penalty decision.

Article 34. Authority to impose administrative penalties of Chairpersons of People's Committees at all levels

1. The Chairman of the commune, ward, or special zone People's Committee (hereinafter collectively referred to as the commune level) has the authority to:

a) Issue a warning;

b) Impose a fine of up to 50,000,000 VND;

c) Revoke the use of a license, professional certificate for a limited time, or temporarily suspend activities;

d) Confiscate administrative violation evidence;

đ) Apply remedial measures as stipulated in Clause 3, Article 4 of this Decree.

2. The Chairman of the Provincial or Municipal People's Committee (hereinafter referred to collectively as the provincial level) has the power to:

a) Issue a warning;

b) Impose fines of up to 100,000,000 VND;

c) Revoke the use of a license, professional certificate for a limited time, or temporarily suspend activities;

d) Confiscate administrative violation evidence;

đ) Apply remedial measures as stipulated in Clause 3, Article 4 of this Decree.

Article 35. Authority to sanction administrative violations of the Head of the agency performing state management tasks in the fields of animal husbandry and veterinary medicine and some other positions

1. The Head of the Sub-Department of Livestock and Veterinary Medicine of regions under the Department of Livestock and Veterinary Medicine; the Head of the Sub-Department of Quality, Processing, and Market Development of the Central Region, the Head of the Sub-Department of Quality, Processing, and Market Development of the Southern Region under the Department of Quality, Processing, and Market Development; the Head of the Sub-Department in charge of livestock, veterinary, and quality management of agriculture, forestry, and fisheries under the Department of Agriculture and Environment have the right to:

a) Issue a warning;

b) Impose a fine of up to 50,000,000 VND;

c) Revoke the use of a license, professional certificate for a limited time, or temporarily suspend activities;

d) Confiscate administrative violation evidence;

d) Apply remedial measures as prescribed in Clause 3, Article 4 of this Decree.

2. The Director of the Department of Agriculture and Environment has the right to:

a) Issue a warning;

b) Impose fines of up to 80,000,000 VND;

c) Revoke the use of a license, professional certificate for a limited time, or temporarily suspend activities;

d) Confiscate administrative violation evidence;

d) Apply remedial measures as prescribed in Clause 3, Article 4 of this Decree.

3. The Director General of the Department of Livestock and Veterinary Medicine; the Director General of the Department of Quality, Processing, and Market Development have the right:

a) Issue a warning;

b) Impose fines of up to 100,000,000 VND;

c) Revoke the use of a license, professional certificate for a limited time, or temporarily suspend activities;

d) Confiscate administrative violation evidence;

d) Apply remedial measures as prescribed in Clause 3, Article 4 of this Decree.

4. The head of the inspection team established by the Director General of the Department of Animal Husbandry and Veterinary, the Director General of the Department of Quality, Processing, and Market Development, when performing state management tasks on animal husbandry and veterinary, has the authority to impose penalties as prescribed in Clause 2 of this Article.

5. The head of the inspection team established by the Minister of Agriculture and Environment, when performing state management tasks on animal husbandry and veterinary, the head of an organization under the Ministry of Agriculture and Environment assigned the functions and tasks of inspection within the scope of state management on animal husbandry and veterinary, has the authority to impose penalties as prescribed in Clause 3 of this Article.

Article 36. Authority to impose administrative penalties of the People's Police

1. A People's Police officer performing official duties has the right to:

a) Issue a warning;

b) Impose fines of up to 10,000,000 VND;

c) Confiscate administrative violation evidence with a value not exceeding 20,000,000 VND.

2. The heads of mobile police units at the company level have the authority to:

a) Issue a warning;

b) Impose fines of up to 20,000,000 VND;

c) Confiscate administrative violation evidence with a value not exceeding 40,000,000 VND;

d) Apply remedial measures specified in points a, c, and d, Clause 1, Article 28 of the Law on Handling Administrative Violations.

3. The heads of police stations, commanders of mobile police units at the battalion level, boat team leaders, station chiefs, and team leaders have the authority to:

a) Issue a warning;

b) Impose fines of up to 30,000,000 VND;

c) Temporarily revoke licenses or suspend operations for a limited time;

d) Confiscate administrative violation evidence with a value not exceeding 60,000,000 VND;

d) Apply the remedial measures specified in points a, c, and d, Clause 1, Article 28 of the Law on Handling Administrative Violations.

4. The heads of commune-level police have the authority to:

a) Issue a warning;

b) Impose a fine of up to 50,000,000 VND;

c) Temporarily revoke licenses or suspend operations for a limited time;

d) Confiscate administrative violation evidence;

d) Apply remedial measures as prescribed in Clause 3, Article 4 of this Decree.

5. Head of the Port Authority Police at the International Airport; Heads of professional departments under the Economic Security Department include: Head of Industrial and Commercial Security Department, Head of Agricultural, Forestry and Fishery Security Department, Head of Science, Technology, and Natural Resources and Environment Security Department; Heads of professional departments under the Police Department for Administrative Management of Social Order include: Head of Department for Guidance and Management of Security and Order-Conditional Investment and Business Sectors and Seals; Heads of professional departments under the Traffic Police Department include: Head of Road and Railway Traffic Patrol and Control Guidance Department, Head of Inland Waterway Traffic Patrol, Control, and Crime Prevention Guidance Department, Chief of the Waterway Unit. The heads of professional departments under the Cybersecurity and High-Tech Crime Prevention Department include: Head of the Department for Combating Crimes Using Cyberspace Violating Economic Management Order, Head of the Department for Combating Crimes Using Cyberspace Violating Social Order, Head of the Network Information Security Department, Head of the Department for Protecting the Security of the National Information Network System, Head of the Department for Monitoring Network Information and Combating Activities Using Cyberspace Violating National Security; Heads of professional departments under the Immigration Management Department include: Head of the Department for Managing Entry, Exit, and Residence of Foreigners, Head of the Department for Managing Exit and Entry of Vietnamese Citizens, Director of the National Aviation Security Center; The provincial-level Police Department Heads include: Head of the Homeland Security Department, Head of the Internal Political Security Department, Head of the Administrative Management Police Department for Social Order, Head of the Criminal Investigation Police Department for Social Order Crimes, Head of the Criminal Investigation Police Department for Corruption, Economic, Smuggling, and Environmental Crimes, Head of the Criminal Investigation Police Department for Drug Crimes, Head of the Traffic Police Department, Head of the Mobile Police Department, Head of the Criminal Execution Police and Judicial Support Department, Head of the Fire Prevention, Fighting, and Rescue Police Department, Head of the Cybersecurity and High-Tech Crime Prevention Department, Head of the Immigration Management Department, Head of the Economic Security Department, Head of the Foreign Security Department, Chief of the Office of the M...

Provincial-level Police Investigation Officers have the authority:

a) Issue a warning;

b) Impose fines of up to 80,000,000 VND;

c) Temporarily revoke licenses or suspend operations for a limited time;

d) Confiscate administrative violation evidence;

d) Apply remedial measures as prescribed in Clause 3, Article 4 of this Decree.

6. Provincial-level Police Directors have the authority:

a) Issue a warning;

b) Impose fines of up to 100,000,000 VND;

c) Temporarily revoke licenses or suspend operations for a limited time;

d) Confiscate administrative violation evidence;

d) Apply remedial measures as prescribed in Clause 3, Article 4 of this Decree.

7. Directors of the Economic Security Department, Chief of the Office of the Ministry of Public Security Police Investigation Agency, Directors of the Administrative Management Police Department for Social Order, Directors of the Investigation Police Department for Social Order Crimes, Directors of the Investigation Police Department for Corruption, Economic Crimes, Smuggling, Directors of the Investigation Police Department for Drug-related Crimes, Directors of the Traffic Police Department, Directors of the Fire Prevention, Fighting, and Rescue Police Department, Directors of the Investigation Police Department for Environmental Protection Crimes, Directors of the Cybersecurity and High-Tech Crime Prevention Department, Directors of the Domestic Security Department, Directors of the Detention, Custody, and Community-based Criminal Enforcement Police Department, Commanders of the Mobile Police have the authority:

a) Issue a warning;

b) Impose fines of up to 100,000,000 VND;

c) Temporarily revoke licenses or suspend operations for a limited time;

d) Confiscate administrative violation evidence;

d) Apply remedial measures as prescribed in Clause 3, Article 4 of this Decree.

Article 37. Authority to sanction administrative violations of the Vietnam Coast Guard

1. A Coast Guard officer performing official duties has the right to:

a) Issue a warning;

b) Fine up to 5,000,000 VND;

c) Confiscate administrative violation evidence with a value not exceeding 10,000,000 VND.

2. The head of the Maritime Police operational team has the right to:

a) Issue a warning;

b) Impose fines of up to 10,000,000 VND;

c) Confiscate administrative violation evidence with a value not exceeding 20,000,000 VND.

3. Captains of Coast Guard operational teams, Heads of Coast Guard Stations have the right to:

a) Issue a warning;

b) Impose fines of up to 20,000,000 VND;

c) Confiscate administrative violation evidence with a value not exceeding 40,000,000 VND.

d) Apply remedial measures for consequences as prescribed in points c and d, clause 1, Article 28 of the Law on Handling Administrative Violations.

4. The Chief of the Coast Guard Squadron has the authority to:

a) Issue a warning;

b) Impose fines of up to 30,000,000 VND;

c) Confiscate administrative violation evidence with a value not exceeding 60,000,000 VND;

d) Apply remedial measures as prescribed in clause 3, Article 4 of this Decree.

5. The Commander of the Maritime Police Flotilla; the Commander of the Reconnaissance Unit, the Commander of the Special Task Force for Combating Drug Crime under the Vietnam Maritime Police have the right to:

a) Issue a warning;

b) Impose a fine of up to 50,000,000 VND;

c) Temporarily revoke licenses or suspend operations for a limited time;

d) Confiscate administrative violation evidence;

đ) Apply remedial measures as stipulated in Clause 3, Article 4 of this Decree.

6. The Commander of the Maritime Police Zone, the Director of the Department of Operations and Law under the Vietnam Maritime Police have the right to:

a) Issue a warning;

b) Impose fines of up to 80,000,000 VND;

c) Temporarily revoke licenses or suspend operations for a limited time;

d) Confiscate administrative violation evidence;

đ) Apply remedial measures as stipulated in Clause 3, Article 4 of this Decree.

7. The Commander of the Vietnam Maritime Police has the right to:

a) Issue a warning;

b) Impose fines of up to 100,000,000 VND;

c) Temporarily revoke licenses or suspend operations for a limited time;

d) Confiscate administrative violation evidence;

đ) Apply remedial measures as stipulated in Clause 3, Article 4 of this Decree.

Article 38. Authority to handle administrative violations of the Border Guard

1. Border Guard soldiers performing their official duties have the right to:

a) Issue a warning;

b) Fine up to 5,000,000 VND;

c) Confiscate administrative violation evidence with a value not exceeding 10,000,000 VND.

2. The station chief and team leader of the person specified in Clause 1 of this Article have the right to:

a) Issue a warning;

b) Impose fines of up to 10,000,000 VND;

c) Confiscate administrative violation assets with a value not exceeding 20,000,000 VND;

d) Apply measures to remedy consequences as prescribed in points c and d, Clause 1, Article 28 of the Law on Handling Administrative Violations.

3. The team leader of the special task force for drug and crime prevention under the Special Task Force for Drug and Crime Prevention has the right to:

a) Issue a warning;

b) Impose fines up to 15,000,000 VND;

c) Confiscate administrative violation assets with a value not exceeding 30,000,000 VND;

d) Apply measures to remedy consequences as prescribed in points c and d, Clause 1, Article 28 of the Law on Handling Administrative Violations.

4. The commander of the border post, the commander of the border squadron, and the chief of the Border Command at the port checkpoint have the right to:

a) Issue a warning;

b) Impose fines of up to 30,000,000 VND;

c) Confiscate administrative violation evidence with a value not exceeding 60,000,000 VND;

d) Apply remedial measures as prescribed in clause 3, Article 4 of this Decree.

5. The commander of the special task force for drug and crime prevention under the Drug and Crime Prevention Department under the Border Guard Command has the right to:

a) Issue a warning;

b) Impose a fine of up to 50,000,000 VND;

c) Temporarily revoke licenses or suspend operations for a limited time;

d) Confiscate administrative violation evidence;

d) Apply remedial measures as prescribed in Clause 3, Article 4 of this Decree.

6. The Chief Commander of the Border Guard Command; the Commander of the Border Guard Fleet, the Director of the Department of Drug and Crime Prevention under the Border Guard Command have the authority:

a) Issue a warning;

b) Impose fines of up to 100,000,000 VND;

c) Temporarily revoke licenses or suspend operations for a limited time;

d) Confiscate administrative violation evidence;

đ) Apply remedial measures as stipulated in Clause 3, Article 4 of this Decree.

Article 39. Authority to sanction administrative violations of Customs

1. Customs officers while performing their duties have the authority:

a) Issue a warning;

b) Fine up to 5,000,000 VND;

c) Confiscate administrative violation evidence with a value not exceeding 10,000,000 VND.

2. The Head of Customs at border gates/outside border gates, the Head of the Post-Clearance Verification and Inspection Team, the Head of the Clearance Team, the Head of the Customs Control Team under the Regional Customs Sub-Department, the Head of the Anti-Smuggling Control Team under the Anti-Smuggling Investigation Sub-Department; the Head of the Regional Post-Clearance Inspection Team under the Post-Clearance Inspection Sub-Department have the authority:

a) Issue a warning;

b) Impose fines of up to 30,000,000 VND;

c) To confiscate administrative violation evidence with a value not exceeding 60,000,000 VND.

d) To apply remedial measures as prescribed in Clause 3, Article 4 of this Decree.

3. The head of the Anti-Smuggling Investigation Sub-Department, the head of the Post-Customs Inspection Sub-Department, the head of the Regional Customs Sub-Department have the authority to:

a) Issue a warning;

b) Impose a fine of up to 50,000,000 VND;

c) Confiscate administrative violation evidence;

d) Revoke the temporary use of licenses or suspend activities temporarily;

d) Apply remedial measures as prescribed in Clause 3, Article 4 of this Decree.

4. The Director of the Customs Department has the authority to:

a) Issue a warning;

b) Impose fines of up to 100,000,000 VND;

c) Confiscate administrative violation evidence;

d) Revoke the temporary use of licenses or suspend activities temporarily;

đ) Apply remedial measures as stipulated in Clause 3, Article 4 of this Decree.

Article 40. Authority to sanction administrative violations of Market Management

1. Market inspectors while performing their official duties have the right to:

a) Issue a warning;

b) Impose fines of up to 10,000,000 VND;

c) Confiscate administrative violation evidence with a value not exceeding 20,000,000 VND.

2. Captain of the Market Management Team under the Market Management Sub-department

belonging to the Department of Industry and Trade has the right to:

a) Issue a warning;

b) Impose fines of up to 30,000,000 VND;

c) Confiscate administrative violation evidence with a value not exceeding 60,000,000 VND;

d) Apply remedial measures as prescribed in clause 3, Article 4 of this Decree.

3. The Head of the Market Management Sub-department and the Head of the Market Management Professional Department under the Department of Domestic Market Management and Development have the right to:

a) Issue a warning;

b) Impose a fine of up to 50,000,000 VND;

c) Confiscate administrative violation evidence;

d) Revoke the temporary use of licenses or suspend activities temporarily;

d) Apply remedial measures as stipulated in clause 3, Article 4 of this Decree.

4. The Director of the Department of Domestic Market Management and Development has the right to:

a) Issue a warning;

b) Impose fines of up to 100,000,000 VND;

c) Confiscate administrative violation evidence;

d) Revoke the temporary use of licenses or suspend activities temporarily;

d) Apply remedial measures as stipulated in clause 3, Article 4 of this Decree.

Article 41. Delineation of sanctioning authority of Chairpersons of People's Committees at all levels, specialized state management agencies on livestock and veterinary, customs authorities, market management agencies, People's Police, Border Guard, and Coast Guard

1. Administrative sanctioning authority of Chairpersons of People's Committees at all levels:

a) The Chairman of the Commune-level People's Committee shall impose penalties for administrative violations specified in Articles 7; 8; 9; 10; 11; 12; 14; 15; 16; 17; 18; 19; 20; 21; 23; 24; 25; 26; 27; 28; 29; 30; 31 and 32 of this Decree;

b) The Chairman of the Provincial-level People's Committee shall impose penalties for administrative violations specified in Articles 7; 8; 9; 10; 11; 12; 13; 14; 15; 16; 17; 18; 19; 20; 21; 22; 23; 24; 25; 26; 27; 28; 29; 30; 31 and 32 of this Decree.

2. The authority to impose penalties of the specialized state management agencies on animal husbandry, veterinary, quality, processing, and market development:

a) The head of the Livestock and Veterinary Sub-Department under the Department of Livestock and Veterinary; the head of the sub-department in the field of livestock and veterinary under the Department of Agriculture and Environment shall handle administrative violations specified in Articles 7; 8; 9; 10; 11; 12; 13; 14; 15; 16; 17; 18; 19; 20; 21; 22; 23; 24; 25; 26; 27; 28; 29; 30; 31 and 32 of this Decree;

b) The Director of the Department of Agriculture and Environment shall handle administrative violations specified in Articles 7; 8; 9; 10; 11; 12; 13; 14; 15; 16; 17; 18; 19; 20; 21; 22; 23; 24; 25; 26; 27; 28; 29; 30; 31 and 32 of this Decree;

c) The Director of the Department of Livestock Production and Veterinary Medicine shall impose penalties for administrative violations specified in Articles 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, and 32 of this Decree;

d) The Head of the inspection team established by the Director of the Department of Livestock Production and Veterinary Medicine, when performing state management duties in livestock production and veterinary medicine, shall impose penalties for administrative violations specified in Articles 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, and 32 of this Decree;

d) The inspection team leader is appointed by the Minister of Agriculture and Environment. When performing the state management tasks on livestock and veterinary, the head of the organization under the Ministry of Agriculture and Environment is assigned functions and tasks to inspect within the scope of state management on livestock and veterinary handling.

penalized in accordance with the provisions of Article 7; Article 8; Article 9; Article 10; Article 11; Article 12; Article 13; Article 14; Article 15; Article 16; Article 17; Article 18; Article 19; Article 20; Article 21; Article 22; Article 23; Article 24; Article 25; Article 26; Article 27; Article 28; Article 29; Article 30; Article 31 and Article 32 of this Decree;

e) Director of the Department of Quality, Processing and Market Development; Head of the inspection team appointed by the Director of the Department of Quality, Processing and Market Development; Heads of the regional departments of Quality, Processing and Market Development in the Central and Southern regions under the Department of Quality, Processing and Market Development; Heads of the divisions in charge of agricultural, forestry, and fishery quality management under the Department of Agriculture and Environment who impose penalties for administrative violations specified in Clause 4, Article 28 and Article 32 of this Decree.

3. Authority to handle administrative violations of the Customs authorities, Market Management authorities, People's Police, Border Guard, and Coast Guard.

a) The authority to handle administrative violations of the Customs agency, and the individuals authorized by Customs have the authority to handle administrative violations, have the authority to apply additional penalties and remedial measures for administrative violations in animal husbandry as prescribed in Clause 3, Article 7; Article 8; Article 9; Clause 1, Point b of Clause 2 and Clause 3, Article 17; Article 19; Article 20; Clause 1, Points a and b of Clause 2, Clauses 3, 4, 5, and 6, Article 21; Clause 1, Points b and c of Clause 2, Point b of Clause 3, Point b of Clause 4, Clause 5 and Point b of Clause 6, Article 30 and Article 32 of this Decree;

b) The authority to sanction administrative violations of the Market Management agencies, the persons authorized by Market Management who have the authority to sanction administrative violations, have the authority to apply additional forms of penalties, remedial measures to address the consequences of administrative violations in livestock production as prescribed in Articles 10; 11; 12; 16; 17; 18; 19; 20; 30; Clauses 1, 4, 5, 6, and 7 of Article 31 and Article 32 of this Decree;

c) Authority to impose administrative sanctions of the People's Police, persons with authority of the People's Police have the authority to impose administrative sanctions, have the authority to apply supplementary forms of punishment, and measures to remedy consequences for administrative violations regarding livestock husbandry as stipulated in Articles 7; 8; 9; 20; 21; 22; 23; 24; 25; 26; 27; 28; 29; Clause 5, Article 31, and Article 32 of this Decree;

d) Authority to impose administrative sanctions of the Border Guard, persons with authority of the Border Guard have the authority to impose administrative sanctions, have the authority to apply supplementary forms of punishment, and measures to remedy consequences for administrative violations regarding livestock husbandry as stipulated in Clause 3, Article 7; Articles 8; 9; Point b, Clause 2, Article 17; and Article 19;

Article 20; Clause 1, points a and b of Clause 2, Clauses 3, 4, 5, and 6 of Article 21; Clause 1, points b and c of Clause 2, point b of Clause 3, point b of Clause 4, Clause 5, and point b of Clause 6 of Article 30 and Article 32 of this Decree;

d) Authority to handle administrative violations of the Coast Guard: individuals with authority in the Coast Guard have the power to handle administrative violations and have the authority to apply supplementary penalties and remedial measures for administrative violations regarding livestock farming as stipulated in Clause 3 of Article 7; Article 8; Article 9; point b of Clause 2 of Article 17; Article 19; Article 20; Clause 1, points a and b of Clause 2, Clauses 3, 4, 5, and 6 of Article 21; Clause 1, points b and c of Clause 2, point b of Clause 3, point b of Clause 4, Clause 5, and point b of Clause 6 of Article 30 and Article 32 of this Decree.

Chapter IV. IMPLEMENTING PROVISIONS

Article 42. Effectiveness

1. This Decree takes effect from August 5, 2026.

2. This Decree replaces Decree No. 14/2021/NĐ-CP dated March 1, 2021 of the Government regulating administrative penalties for livestock farming; abolishes Article 4 of Decree No. 07/2022/NĐ-CP dated January 10, 2022 of the Government amending and supplementing a number of articles of the decrees on administrative penalties in the fields of forestry; plant protection and quarantine; veterinary medicine; livestock farming.

Article 43. Transitional Provisions

1. For administrative violations in livestock farming that occurred and ended before the effective date of this Decree, but are later discovered or are under consideration for settlement, the penalty shall be applied according to the provisions of the Decree in effect at the time the violation was committed.

2. For administrative violations in livestock farming that occurred before the effective date of this Decree but are still ongoing when this Decree comes into effect, the provisions of this Decree shall be applied to handle the violation.

3. For administrative penalty decisions that have been issued or fully enforced before the effective date of this Decree, if the individuals or organizations subject to the administrative penalties still lodge complaints, the provisions on administrative penalties at the time the penalty decision was issued shall be applied for resolution.

Article 44. Responsibility for Implementation

1. The Minister of Agriculture and Environment is responsible for guiding and organizing the implementation of this Decree.

2. The Ministers, heads of ministerial-level agencies, heads of agencies under the Government, chairpersons of the People’s Committees of provinces and centrally-run cities, and related organizations and individuals are responsible for implementing this Decree.

Recipients: ON BEHALF OF THE GOVERNMENT - Secretariat of the Central Committee of the Party; ON BEHALF OF THE PRIME MINISTER - Prime Minister, Deputy Prime Ministers; DEPUTY PRIME MINISTERS - Ministries, ministerial-level agencies; - People's Councils, People's Committees of provinces and centrally-run cities; Ho Quoc Dung - Central Office and the Party's committees; - Office of the General Secretary; - Office of the President; - Ethnic Council and the Committees of the National Assembly; - Office of the National Assembly; - Supreme People's Court; - Supreme People's Procuracy; - State Audit; - Central Committee of the Vietnam Fatherland Front; - Central agencies of socio-political organizations; - Office of the Government: Chief of Office, Deputy Chiefs of Office, Prime Minister's Assistants, Director General of the Online Information Portal, departments, bureaus, subordinate units, Official Gazette; - Archive: Office of the Government, Legal Department (2b).