Importing invasive alien fauna and flora into Vietnam will be fined up to 1,000,000,000 VND from August 25, 2022?
- How will invasive alien species rearing and transplanting outside the conservation area be penalized in Vietnam?
- Is the importation of invasive alien animals sanctioned according to Vietnamese regulations?
- How to take remedial measures when violating regulations on the control of invasive alien species in Vietnam?
How will invasive alien species rearing and transplanting outside the conservation area be penalized in Vietnam?
Pursuant to Clause 3, Article 1 of Decree 45/2022/ND-CP stipulates:
“Article 51. Violations against regulations on control of invasive alien species
…
3. Penalties for raising, storing, transporting, planting or transplanting invasive alien species outside the conservation area:
a) A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for acts of causing damage valued at under VND 10,000,000;
b) A fine ranging from VND 40,000,000 to VND 80,000,000 shall be imposed for acts of causing damage valued at between VND 10,000,000 and under VND 20,000,000;
c) A fine ranging from VND 80,000,000 to VND 160,000,000 shall be imposed for acts of causing damage valued from VND 20,000,000 to under VND 40,000,000;
d) A fine ranging from VND 160,000,000 to VND 240,000,000 shall be imposed for acts of causing damage valued at from VND 40,000,000 to under VND 60,000,000;
dd) A fine ranging from VND 240,000,000 to VND 320,000,000 shall be imposed for causing damage valued at between VND 60,000,000 and under 80,000,000;
e) A fine ranging from VND 320,000,000 to VND 400,000,000 shall be imposed for acts of causing damage valued between VND 80,000,000 and under 100,000,000;
g) A fine ranging from VND 400,000,000 to VND 480,000,000 shall be imposed for causing damage worth between VND 100,000,000 and under VND 120,000,000;
h) A fine ranging from VND 480,000,000 to VND 560,000,000 shall be imposed for acts of causing damage valued at between VND 120,000,000 and under VND 140,000,000;
i) A fine ranging from VND 560,000,000 to VND 640,000,000 shall be imposed for acts of causing damage valued at between VND 140,000,000 and under VND 150,000,000.”
Accordingly, for acts of rearing, storing, transporting, planting, and transplanting invasive alien species outside the conservation area, the value of the damage caused by the act will be based on the determination of the level of fines in accordance with the above provisions.
Nhập khẩu động vật, thực vật ngoại lai xâm hại vào Việt Nam sẽ bị xử phạt đến 1.000.000.000 đồng từ 25/8/2022?
Is the importation of invasive alien animals sanctioned according to Vietnamese regulations?
Pursuant to Clause 7, Article 51 of Decree 45/2022/ND-CP stipulates:
“Article 51. Violations against regulations on control of invasive alien species
…
7. Penalties for importing invasive alien species of animals and plants are as follows:
a) A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for exhibits of violation valued at under VND 10,000,000;
b) A fine ranging from VND 40,000,000 to VND 80,000,000 shall be imposed for exhibits of violation valued from VND 10,000,000 to under VND 20,000,000;
c) A fine ranging from VND 80,000,000 to VND 160,000,000 shall be imposed for exhibits of violation valued from VND 20,000,000 to under 40,000,000;
d) A fine ranging from VND 160,000,000 to VND 240,000,000 shall be imposed for exhibits of violation valued from VND 40,000,000 to under 60,000,000;
dd) A fine ranging from VND 240,000,000 to VND 320,000,000 shall be imposed for exhibits of violation valued from VND 60,000,000 to under 80,000,000;
e) A fine ranging from VND 320,000,000 to VND 400,000,000 shall be imposed for exhibits of violation valued at between VND 80,000,000 and under 100,000,000;
g) A fine ranging from VND 400,000,000 to VND 480,000,000 shall be imposed for exhibits of violation valued from VND 100,000,000 to under VND 120,000,000;
h) A fine ranging from VND 480,000,000 to VND 560,000,000 shall be imposed for exhibits of violation valued from VND 120,000,000 to under VND 140,000,000;
i) A fine ranging from VND 560,000,000 to VND 640,000,000 shall be imposed for exhibits of violation valued from VND 140,000,000 to under VND 160,000,000;
k) A fine of between VND 640,000,000 and VND 720,000,000 shall be imposed for exhibits of violation valued from VND 160,000,000 to under VND 180,000,000;
l) A fine ranging from VND 720,000,000 to VND 800,000,000 shall be imposed for exhibits of violation valued from VND 180,000,000 to under VND 200,000,000;
m) A fine ranging from VND 800,000,000 to VND 880,000,000 shall be imposed for exhibits of violation valued from VND 200,000,000 to under VND 220,000,000;
n) A fine ranging from VND 880,000,000 to VND 92,000,000 shall be imposed for exhibits of violation valued from VND 220,000,000 to under VND 23,000,000;
o) A fine ranging from VND 92,000,000 to VND 1,000,000,000 shall be imposed for exhibits of violation valued from VND 23,000,000 to under VND 250,000,000.”
Accordingly, based on the value of imported invasive plants and animals to determine the level of administrative sanction according to the above provisions. Accordingly, the highest fine for importing invasive alien plants and animals is 1,000,000,000 VND.
How to take remedial measures when violating regulations on the control of invasive alien species in Vietnam?
Pursuant to Clause 8, Clause 9, Article 51 of Decree 45/2022/ND-CP stipulates:
"Article 51. Violations against regulations on control of invasive alien species
…
8. Additional sanctions:
Confiscate exhibits and means of administrative violations in case of violations specified in this Article.
9. Remedial measures:
a) Forcible destruction of all invasive alien species; forcible restoration of the original state in case of violations specified in Clauses 1, 2, 3, 4 and 5 of this Article;
b) Forcible re-export of all invasive alien species illegally imported out of the territory of the Socialist Republic of Vietnam in case of violations specified in Clauses 6 and 7 of this Article. In case it cannot be re-exported, it is forced to destroy all invasive alien species illegally imported."
In addition to being administratively sanctioned, based on the violation act to determine additional sanctioning forms and remedial measures according to Clause 8, Clause 9, Article 51 of Decree 45/2022.
Note: The administrative sanction in the above regulations only applies to violators. In case of violations by organizations, the administrative sanction is 2 times higher than that of individuals.
Decree 45/2022/ND-CP comes into force from August 25, 2022.
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