Shall the violator be compelled to destroy labels and correct names of aquatic breeds in case of committing the violation against regulations on naming of aquatic breeds in Vietnam?
- Shall the violator be compelled to destroy labels and correct names of aquatic breeds in case of committing the violation against regulations on naming of aquatic breeds in Vietnam?
- What are the regulations for naming of aquatic breeds in Vietnam?
- Which entities are subject to administrative penalties in the fisheries sector in Vietnam?
- Do Leaders of market surveillance teams have the authority to impose penalties on individuals who violate the regulations on naming of aquatic breeds in Vietnam?
Shall the violator be compelled to destroy labels and correct names of aquatic breeds in case of committing the violation against regulations on naming of aquatic breeds in Vietnam?
Pursuant to Article 12 of Decree 42/2019/ND-CP, the penalties for violations against regulations on naming of aquatic breeds are as follows:
Violations against regulations on naming of aquatic breeds
1. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for naming aquatic breeds inconsistently with applicable regulations.
2. Remedial measures:
The violator is compelled to destroy labels and correct names of aquatic breeds specified in relevant documents in case of commission of the violation specified in Clause 1 of this Article.
Therefore, organizations or individuals who violate the regulations on naming of aquatic breeds are required to destroy the labels of the aquatic breeds
However, according to the new regulation effective from May 20, 2024, regarding remedial measures for violations against regulations on naming of aquatic breeds stated in Article 12 of Decree 38/2024/ND-CP, the measures are as follows:
Violations against regulations on naming of aquatic breeds
1. A fine ranging from 5,000,000 VND to 10,000,000 VND shall be imposed for the act of naming aquatic breeds not in accordance with the regulations.
2. Remedial measures:
The violator is required to remove the violating elements on labels, packaging, business vehicles, and items that display the name of the aquatic breed in violation of the regulations stated in Clause 1 of this Article.
Therefore, according to the new regulation, the violators of regulations on naming of aquatic breeds are not required to destroy the labels of the goods but only to remove the violating elements on the labels displaying the name of the violated aquatic breed.
Additionally, organizations or individuals who violate the regulations on naming of aquatic breeds will be fined from 5,000,000 VND to 10,000,000 VND for the act of naming aquatic breeds not in accordance with the regulations.
Note: The above penalties apply to individuals who violate regulations in the fisheries sector. The penalties for organizations that commit violations are double the amount imposed on individuals (as stipulated in Clause 2 of Article 5 of Decree 38/2024/ND-CP)
Shall the violator be compelled to destroy labels and correct names of aquatic breeds in case of committing the violation against regulations on naming of aquatic breeds in Vietnam? (Image from the Internet)
What are the regulations for naming of aquatic breeds in Vietnam?
Pursuant to Article 24 of Decree 26/2019/ND-CP regulations on naming aquatic breeds as follows:
- Each aquatic breed shall be given one name only.
- An aquatic breed shall not be given a new name if the new name:
+ is the same as that of another breed;
+ consists of numbers only;
+ commits ethical violations;
+ easily causes confusion about the characteristics of such aquatic breed.
Which entities are subject to administrative penalties in the fisheries sector in Vietnam?
Pursuant to Article 2 of Decree 38/2024/ND-CP regarding administrative penalties in the fisheries sector, the following entities are subject to administrative penalties for violating the provisions of Decree 38/2024/ND-CP:
- Vietnamese organizations and individuals, foreign organizations and individuals (hereinafter referred to as organizations and individuals) who commit administrative violations as stipulated in Decree 38/2024/ND-CP.
- Organizations are subject to administrative penalties according to the provisions of Decree 38/2024/ND-CP, including:
+ Economic organizations established in accordance with the Law on Enterprises 2020, Law on Investment 2020, including:
++ Private enterprises
++ Joint-stock companies
++ Limited liability companies
++ Partnerships
++ Organizations established under foreign laws to conduct business investment in Vietnam;
+ Economic organizations established in accordance with the Law on Cooperatives 2023, including:
++ Cooperatives
++ Cooperative unions
- Political-social organizations, social organizations, professional social organizations;
- Public service providers and other organizations as stipulated by law.
Household businesses must register their business activities in accordance with the law, and household businesses, fishing vessel owners who commit administrative violations as stipulated in Decree 38/2024/ND-CP are subject to administrative penalties as individuals.
Therefore, organizations and individuals who commit violations as stipulated in Decree 38/2024/ND-CP will be subject to administrative penalties in the fisheries sector.
Do Leaders of market surveillance teams have the authority to impose penalties on individuals who violate the regulations on naming of aquatic breeds in Vietnam?
Pursuant to Clause 2 of Article 51 of Decree 38/2024/ND-CP, the authority to impose penalties of Leaders of market surveillance teams is as follows:
Authority of Market surveillance teams
...
2. Leaders of market surveillance teams, Heads of the Operational Department under the Market Surveillance Department have the authority to:
a) Impose fines up to 25,000,000 VND;
b) Confiscate evidence and administrative violation tools with a value not exceeding twice the amount of the fine stipulated in point a of this clause;
c) Apply remedial measures stipulated in points a, d, e, and g of Clause 1 of Article 28 of the Law on Handling of Administrative Violations and Clause 3 of Article 4 of this Decree.
Furthermore, according to Clause 7 of Article 55 of Decree 38/2024/ND-CP:
Jurisdiction in imposing penalties
....
7. Market surveillance teams impose penalties for administrative violations stipulated in Article 11; Article 12; Article 13; Article 14; Clause 2, Clause 3, Clause 4, and Clause 5 of Article 15; Article 18; Clause 2 of Article 28; Article 32; Article 41; Article 42; Article 43; and Clause 1 of Article 44 in accordance with the authority stipulated in Article 51 of this Decree and their assigned functions and tasks.
Therefore, the penalty for the violation of the regulations on naming of aquatic breeds ranges from 5,000,000 VND to 10,000,000 VND. Hence, Leaders of market surveillance teams have the authority to impose penalties on individuals who violate these regulations.
Decree 38/2024/ND-CP comes into force from May 20, 2024.
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