Are additional penalties and remedial measures imposed for failing to maintain the satisfaction of requirements for carrying out the plant variety testing in Vietnam?
- What is the penalty for failing to maintain the satisfaction of requirements for carrying out the plant variety testing from July 28, 2023?
- Are additional penalties and remedial measures imposed for failing to maintain the satisfaction of requirements for carrying out the plant variety testing in Vietnam?
- What are the requirements for grant of the decision on recognition of a plant variety testing organization in Vietnam?
What is the penalty for failing to maintain the satisfaction of requirements for carrying out the plant variety testing from July 28, 2023?
Pursuant to Decree No. 31/2023/ND-CP stipulating administrative violations, penalties, fines, remedial measures against each violation, authority to impose administrative penalties and fines imposed by authorized title holders, and authority to record administrative violations against regulations on crop production.
The penalties for violations against regulations on plant variety testing shall comply with the provisions of Article 8 of Decree No. 31/2023/ND-CP as follows:
Violations against regulations on plant variety testing
1. A fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for failing to store plant variety testing dossiers in accordance with regulations.
2. A fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for one of the following violations:
a) Failing to maintain the satisfaction of requirements for carrying out the plant variety testing which is approved by a competent authority at the time when the decision on recognition of a plant variety testing organization is issued.
b) Failing to comply with national standards of methods of testing of plant species intended for testing;
c) Failing to conduct the plant variety testing according to the decision on recognition of a plant variety testing organization.
3. A fine ranging from VND 20.000.000 to VND 25.000.000 shall be imposed for providing incorrect results of plant variety testing.
4. A fine ranging from VND 25.000.000 to VND 30.000.000 shall be imposed for testing plant varieties that are main plant species in case where the decision on recognition of a plant variety testing organization has not been issued or re-issued by the competent authority or has been cancelled.
5. A fine ranging from VND 30.000.000 to VND 35.000.000 shall be imposed for testing genetically modified plant varieties without obtaining biosafety certificate and certificate of genetically modified plants eligible for use as food/animal feed according to regulations of the Law on Biodiversity.
6. A fine ranging from VND 35.000.000 to VND 40.000.000 shall be imposed for providing testing results even though there is none of plant variety tests or plant variety tests do not conform to applicable regulations.
7. A fine ranging from VND 40.000.000 to VND 50.000.000 shall be imposed for erasing or intentionally correcting plant variety testing documents;
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Thus, a fine ranging from VND 15.000.000 to VND 20.000.000 shall be imposed for failing to maintain the satisfaction of requirements for carrying out the plant variety testing.
At the same time, based on Article 5 of Decree No. 31/2023/ND-CP, the above fines are imposed upon individuals. The fine incurred by an organization is twice as much as that incurred by an individual for commission of the same administrative violation.
Therefore, the act of failing to maintain the satisfaction of requirements for carrying out the plant variety testing which is approved by a competent authority at the time when the decision on recognition of a plant variety testing organization is issued will be subject to a fine of between VND 30 million and VND 40 million.
Are additional penalties and remedial measures imposed for failing to maintain the satisfaction of requirements for carrying out the plant variety testing in Vietnam? (Image from the Internet)
Are additional penalties and remedial measures imposed for failing to maintain the satisfaction of requirements for carrying out the plant variety testing in Vietnam?
Pursuant to regulations on additional penalties and remedial measures for violations against regulations on plant variety testing in Article 8 of Decree No. 31/2023/ND-CP as follows:
Violations against regulations on plant variety testing
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8. Additional penalties:
a) The decision on recognition of a plant variety testing organization shall be suspended for a fixed period of 01 - 03 months if one of the violations prescribed in Clause 2 of this Article is repeated or re-committed.
b) The decision on recognition of a plant variety testing organization shall be suspended for a fixed period of 06 - 09 months if one of the violations prescribed in Clause 3 of this Article is repeated or re-committed.
c) The decision on recognition of a plant variety testing organization shall be suspended for a fixed period of 09 - 12 months if one of the violations prescribed in Clauses 5, 6 and 7 of this Article is repeated or re-committed.
9. Remedial measures:
a) Enforced storage of plant variety testing dossiers according to regulations for violations specified in Clause 1 of this Article;
b) Enforced cancellation of testing results for violations specified in Clauses 2, 3, 4, 5 and 6 of this Article;
c) Enforced revocation and destruction of dossiers and documents for violations specified in Clause 7 of this Article.
Thus, in addition to fines, the decision on recognition of a plant variety testing organization shall be suspended for a fixed period of 01 - 03 months if the above violation is repeated or re-committed.
At the same time, the test results will be canceled for violations.
What are the requirements for grant of the decision on recognition of a plant variety testing organization in Vietnam?
Pursuant to the provisions of Clause 1, Article 21 of the 2018 Law on Crop Production of Vietnam, Point k, Clause 1, subsection II, Section A, Part II Administrative procedures promulgated together with Decision No. 174/QD-BNN-BVTV in 2023.
Requirements for grant of the decision on recognition of a plant variety testing organization in Vietnam shall be composed of the followings:
- A person directly conducting tests must hold at least a university degree in one of the specialties related to crops, plant protection and biology;
- The plant variety testing organization owns or hires venues, facilities and equipment appropriate for performing tests in conformity with national standards regarding testing of plant varieties with respect to the plant species to be tested.
Decree No. 31/2023/ND-CP takes effect from July 28, 2023.
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