How much is the fine for erasing or intentionally correcting plant variety testing documents in Vietnam according to the new regulations?
- How much is the fine for erasing or intentionally correcting plant variety testing documents in Vietnam?
- Are testing documents that have been erased or intentionally corrected revoked?
- In case of erasing or intentionally correcting plant variety testing documents, how long shall the decision on recognition be suspended?
How much is the fine for erasing or intentionally correcting plant variety testing documents in Vietnam?
The act of erasing or modifying plant variety testing documents is one of the violations against regulations on plant variety testing, whereby the fine level for this act is determined according to 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, the fine for erasing or intentionally correcting plant variety testing documents ranges from VND 40 million to VND 50 million.
The above fines are imposed on individuals; the fines incurred by an organization are twice as much as that incurred by an individual for the same administrative violation (from VND 80 million to VND 100 million).
How much is the fine for erasing or intentionally correcting plant variety testing documents in Vietnam according to the new regulations? (Image from the Internet)
Are testing documents that have been erased or intentionally corrected revoked?
Pursuant to the provisions of Clause 9, Article 8 of Decree No. 31/2023/ND-CP on remedial measures as follows:
Violations against regulations on plant variety testing
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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, for plant variety testing documents that have been erased or intentionally corrected, they will be revoked and destroyed.
In case of erasing or intentionally correcting plant variety testing documents, how long shall the decision on recognition be suspended?
Pursuant to regulations on remedies for violations against regulations on plant variety testing in Clause 8, 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.
Thus, for acts of erasing or intentionally correcting plant variety testing documents that are repeated or re-committed, the decision on recognition will be suspended for a fixed period of 09 - 12 months.
Article 39 of Decree No. 31/2023/ND-CP stipulates as follows:
Entry into force
1. This Decree comes into force from July 28, 2023.
2. Regulations in this Decree replace regulations in the following documents:
a) Regulations on scope, regulated entities, prescriptive period, violations, penalties, fines, and remedial measures in the field of plant varieties specified in Articles 1 through Article 18 of Decree No. 31/2016/ND-CP dated May 06, 2016 of the Government on imposition of penalties for administrative violations against regulations on plant varieties, plant protection and quarantine;
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Thus, Decree No. 31/2023/ND-CP comes into force from July 28, 2023.
Nguyễn Thị Hồng Nhung
