What are the penalties for violations of regulations on testing for aquatic feeds in Vietnam from May 20, 2024?
- What are the penalties for violations of regulations on testing for aquatic feeds in Vietnam from May 20, 2024?
- Which entities are subject to administrative penalties for violations in fisheries in Vietnam?
- Vietnam: What does testing for aquatic feeds, aqua environmental remediation products include?
What are the penalties for violations of regulations on testing for aquatic feeds in Vietnam from May 20, 2024?
Pursuant to Article 16 of Decree 38/2024/ND-CP on penalties for violations of regulations on testing for aquatic feeds, the following penalties apply:
Violations against regulations on testing for aquatic feeds and aqua environmental remediation products
1. A fine ranging from 20,000,000 VND to 30,000,000 VND for failure to announce correct testing results.
2. A fine ranging from 30,000,000 VND to 40,000,000 VND for conducting testing when the facility does not meet the required conditions.
3. Additional penalties:
Suspending testing activities of the facility for a period of 3 to 6 months for violations specified in Clause 2 of this Article.
4. Remedial measures:
a) Compelling the correction of inaccurate information regarding testing results for violations specified in Clause 1 of this Article;
b) Compelling the cancellation of testing results for violations specified in Clause 2 of this Article.
Currently, violations against regulations on testing for aquatic feeds are regulated by Article 16 of Decree 42/2019/ND-CP, which stipulates the following:
Violations against regulations on testing for aquatic feeds and aqua environmental remediation products
1. A fine ranging from VND 30,000,000 to VND 40,000,000 shall be imposed for failure to announce correct testing results.
2. Remedial measures:
The violator is compelled to correct testing results in case of commission of the violation specified in Clause 1 of this Article.
Therefore, the new regulations have reduced the fine for failure to announce correct testing results to a range of 20,000,000 VND to 30,000,000 VND.
The new regulations also introduce a fine ranging from 30,000,000 VND to 40,000,000 VND for conducting testing when the facility does not meet the required conditions. Additionally, they include the additional penalty of suspending testing activities of the facility for a period of 3 to 6 months and the remedial measure of compelling the cancellation of testing results for this violation
What are the penalties for violations of regulations on testing for aquatic feeds in Vietnam from May 20, 2024?
Which entities are subject to administrative penalties for violations in fisheries in Vietnam?
Pursuant to Article 2 of Decree 38/2024/ND-CP, the entities subject to administrative penalties for violations in fisheries are as follows
- Vietnamese organizations and individuals, foreign organizations and individuals (hereinafter referred to as organizations and individuals) who commit administrative violations as specified in Decree 38/2024/ND-CP.
- Organizations are subjects to administrative penalties as prescribed by Decree 38/2024/ND-CP, including:
+ Economic organizations established under the provisions of the Law on Enterprises 2020, the Law on Investment 2020, including:
++ Proprietorship
++ Joint stock company
++ Limited liability company
++ Partnership
++ Organizations established under foreign laws investing and doing business in Vietnam.
+ Economic organizations established under the provisions of the Law on Cooperatives 2023, including:
++ Cooperatives
++ Cooperative unions,
- Political-social organizations, social organizations, professional social organizations;
- Public service units and other organizations as prescribed by law.
Household businesses must register their business activities according to legal provisions, while household businesses and fishing vessel owners who commit administrative violations specified in Decree 38/2024/ND-CP are subject to administrative penalties as individuals.
Vietnam: What does testing for aquatic feeds, aqua environmental remediation products include?
Pursuant to Article 33 of Decree 26/2019/ND-CP regulating the content of testing for aquatic feeds, aqua environmental remediation products as follows:
(1) Contents of aquafeed testing:
- Inspection of product ingredients and quality according to corresponding applicable standards and technical regulations prior to the testing;
- Assessment of properties and uses of the product: growth capacity; survival rate over periods of development of the testing subject; feed conversion rate; other technical parameters specified in the product dossier;
- Assessment of safety level with respect to health of humans and aquaculture subjects, and environment during use: antimicrobial and toxic chemical residues in the fishery product to be tested and environment (specify this in the testing outline); assessment of changes to environmental parameters.
(2) Contents of treatment product testing:
- Inspection of product ingredients and quality according to corresponding applicable standards and technical regulations prior to the testing;
- Assessment of properties and uses of the product through assessment of changes to physical, chemical and biological parameters in the culture environment; other technical documents specified in the product dossier;
- Assessment of safety level with respect to health of humans and aquaculture subjects, and environment during use: product ingredient residues in the environment and animals upon harvesting of products that have chemical ingredients; heavy metal residues in the environment and animals upon harvesting; survival rate and growth rate of the aquaculture subject.
Decree 38/2024/ND-CP comes into force from May 20, 2024.
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