Producing and trading in genetically modified organisms in Vietnam and products without biosafety certificates will be fined up to 100 million?
- How much is the fine for violations on scientific research and technological development on genetically modified organisms and products of genetically modified organisms in Vietnam?
- How much will the fines for production and trading of genetically modified organisms and products of genetically modified organisms in Vietnam without a certificate of biosafety?
- How long is the statute of limitations for trading and transporting genetically modified organisms in Vietnam in contravention of regulations?
How much is the fine for violations on scientific research and technological development on genetically modified organisms and products of genetically modified organisms in Vietnam?
Pursuant to Article 53 of Decree 45/2022/ND-CP stipulates as follows:
“Article 53. Violations against regulations on scientific research and technological development on genetically modified organisms, products of genetically modified organisms, and testing of genetically modified organisms
1. A warning or a fine of between VND 100,000 and 500,000 shall be imposed for failing to disclose information about the level of risks and measures to manage risks to the environment and biodiversity when the research creates, develop technology of genetically modified organisms and genetic specimens of genetically modified organisms.
2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for researching, creating, analyzing, testing, isolating genetically modified organisms and products of genetically modified organisms in places where GMOs are not permitted. execution permission.
3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed for one of the following violations:
a) Providing false information in the application for license to test GMOs, the application for the certificate of biosafety for GMOs, and the application for the certification of GMOs genetically modified to be eligible for food and animal feed;
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6. Additional sanctions:
Deprivation of the right to use the license to test GMOs, decide on recognition of laboratories for research on GMOs, and decide on recognition of establishments testing GMOs from 6 to 12 months for cases of violations specified in Clause 5 of this Article.
7. Remedial measures:
a) Destroy all GMOs that have not yet been granted a license to test GMOs or a certificate of biosafety, for cases of violations specified in Clause 2, Point b, Clause 3, Point b. Clause 4 of this Article;
b) Enforce the implementation of remedial measures for environmental pollution in case of violations specified in Clauses 2, 4, 5 of this Article.”
Thus, based on the violation to determine the sanctioning form and level of administrative sanction for the cases mentioned above.
In particular, the lightest penalty for violations of regulations on research and development of technology on genetically modified organisms in Vietnam will be a warning or a fine of between 100,000 and 500,000 VND. The highest administrative sanction will be from VND 30,000,000 to VND 50,000,000.
In addition to being administratively sanctioned, based on the violation acts to determine additional penalties and remedial measures according to the above provisions.
Producing and trading in genetically modified organisms in Vietnam and products without biosafety certificates will be fined up to 100 million?
How much will the fines for production and trading of genetically modified organisms and products of genetically modified organisms in Vietnam without a certificate of biosafety?
Pursuant to Article 54 of Decree 45/2022/ND-CP stipulates as follows:
“Article 54. Violations against regulations on production, trading, import, storage and transportation of genetically modified organisms and products of genetically modified organisms
1. A fine ranging from VND 100,000 to VND 500,000 shall be imposed for failing to disclose information about the level of risk and measures to manage risks to the environment and biodiversity when importing, buying, selling, or releasing information. Prefer genetically modified organisms, genetic specimens of genetically modified organisms.
…
4. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for production and trading of genetically modified organisms without a certificate of biosafety as prescribed.
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7. Remedial measures:
a) Forcible destruction of all genetically modified organisms, genetic specimens of genetically modified organisms, for cases of violations specified in Clause 4, Point a, Clause 5 and Point a, Clause 6 of this Article;
b) Forcible re-export of consignments containing GMOs or genetic specimens of GMOs out of the territory of the Socialist Republic of Vietnam in case of violations specified at Point b, Clause 5. and Point b, Clause 6 of this Article. In case it cannot be re-exported, the consignment containing genetically modified organisms or genetic specimens of genetically modified organisms must be destroyed.”
Thus, acts of producing, trading or transporting genetically modified organisms and products of genetically modified organisms in Vietnam without biosafety certificates will be fined up to VND 50 million for individuals.
In addition, based on violations to determine remedial measures according to the above provisions.
Note: The level of administrative sanction according to the above provisions only applies to violators. In case of violations by organizations, the administrative sanction will be 2 times higher than that of individuals.
How long is the statute of limitations for trading and transporting genetically modified organisms in Vietnam in contravention of regulations?
Pursuant to Article 5 of Decree 45/2022/ND-CP stipulates as follows:
“Article 5. Statute of limitations for sanctioning administrative violations
1. The statute of limitations for sanctioning administrative violations in the field of environmental protection is 2 years.
2. The violations being performed, the violations that have ended, the time to calculate the statute of limitations for sanctioning administrative violations in this Decree is prescribed as follows:
a) The acts specified in Article 9; Points e, g, h Clause 1, Points e, g, h Clause 2, Points e, g, h Clause 3 Article 11; Points b and c Clause 1, Points b and c Clause 2 Article 13; Points b, d, e Clause 1, Points c, d, dd Clause 2, Points c, d, dd Clause 3, Points c, d, dd Clause 4 Article 14; Clause 2, Points e, g, h Clause 3, Points e, g, h, i Clause 4, Clause 6 Article 15 and Article 38 of this Decree are administrative violations being committed, the statute of limitations shall be calculated. from the time the person competent to perform official duties detects the violation;
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dd) Except for the acts specified at Points a, b, c and d of this Clause, the other acts specified in this Decree shall have the statute of limitations for sanctioning determined by the person with sanctioning competence according to Point b, Clause 1. Article 6 of the Law on Handling of Administrative Violations."
Accordingly, the statute of limitations for administrative sanctions for acts of trading and transporting genetically modified organisms in Vietnam in contravention of regulations will be 2 years.
Decree 45/2022/ND-CP takes effect from August 25, 2022.
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