What are the fines for offences against regulations on management of invasive alien species in Vietnam?
What are the fines for offences against regulations on management of invasive alien species in Vietnam? What are the fines for offences against regulations on management, access and benefit sharing of genetic resources in Vietnam?
What are the fines for offences against regulations on management of invasive alien species in Vietnam?
Pursuant to Article 51 of the Decree 45/2022/NĐ-CP (takes effect from 25/08/2022) stipulating as follows:
Offences against regulations on management of invasive alien species
1. A fine ranging from VND 1,000,000 to VND 3,000,000 shall be imposed for rearing, storing, transporting, planting or propagating invasive alien species outside a conservation area for non-commercial purposes in cases where their development and spread are under control and they have not yet caused any damage.
2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for rearing, storing, transporting, planting or propagating invasive alien species outside a conservation area for commercial purposes in cases where their development and spread are under control and they have not yet caused any damage.
3. Penalties for rearing, storing, transporting, planting or transplanting invasive alien species outside a conservation area are as follows:
a) A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed for the act of making a loss of less than VND 10,000,000;
b) A fine ranging from VND 40,000,000 to VND 80,000,000 shall be imposed for the act of making a loss of VND 10,000,000 to less than VND 20,000,000;
c) A fine ranging from VND 80,000,000 to VND 160,000,000 shall be imposed for the act of making a loss of VND 20,000,000 to less than VND 40,000,000;
d) A fine ranging from VND 160,000,000 to VND 240,000,000 shall be imposed for the act of making a loss of VND 40,000,000 to less than VND 60,000,000;
dd) A fine ranging from VND 240,000,000 to VND 320,000,000 shall be imposed for the act of making a loss of VND 60,000,000 to less than VND 80,000,000;
e) A fine ranging from VND 320,000,000 to VND 400,000,000 shall be imposed for the act of making a loss of VND 80,000,000 to less than VND 100,000,000;
g) A fine ranging from VND 400,000,000 to VND 480,000,000 shall be imposed for the act of making a loss of VND 100,000,000 to less than VND 120,000,000;
h) A fine ranging from VND 480,000,000 to VND 560,000,000 shall be imposed for the act of making a loss of VND 120,000,000 to less than VND 140,000,000;
i) A fine ranging from VND 560,000,000 to VND 200,000,000 shall be imposed for the act of making a loss of VND 140,000,000 to less than VND 150,000,000;
4. Penalties for the acts of rearing, storing, transporting, planting or propagating invasive alien species within a conservation area in cases where their development and spread are under control:
a) A fine ranging from VND 50,000,000 to VND 100,000,000 shall be imposed on the offence committed outside the strictly protected sub-zone;
b) A fine ranging from VND 100,000,000 to VND 200,000,000 shall be imposed on the offence committed inside the strictly protected sub-zone;
5. Penalties for rearing, storing, transporting, planting or propagating invasive alien species in a conservation area in cases where their development and spread are out of control:
a) Fines shall be 20% to 30% more than the fines specified in clause 4 of this Article if the offence is committed outside the strictly protected sub-zone;
b) Fines shall be 40% to 50% more than the fines specified in clause 4 of this Article if the offence is committed inside the strictly protected sub-zone.
Total fine imposed for each act of offence specified in this clause must not exceed VND 1,000,000,000.
6. A fine ranging from VND 150,000,000 to VND 200,000,000 shall be imposed for importing invasive alien microorganisms.
7. Penalties for importing invasive alien animals and plants are as follows:
a) A fine ranging from VND 20,000,000 to VND 40,000,000 shall be imposed if the exhibit involved in the offence is worth less than VND 10,000,000;
b) A fine ranging from VND 40,000,000 to VND 80,000,000 shall be imposed if the exhibit involved in the offence is worth VND 10,000,000 to less than VND 20,000,000;
c) A fine ranging from VND 80,000,000 to VND 160,000,000 shall be imposed if the exhibit involved in the offence is worth VND 20,000,000 to less than VND 40,000,000;
d) A fine ranging from VND 160,000,000 to VND 240,000,000 shall be imposed if the exhibit involved in the offence is worth VND 40,000,000 to less than VND 60,000,000;
dd) A fine ranging from VND 240,000,000 to VND 320,000,000 shall be imposed if the exhibit involved in the offence is worth VND 60,000,000 to less than VND 80,000,000;
e) A fine ranging from VND 320,000,000 to VND 400,000,000 shall be imposed if the exhibit involved in the offence is worth VND 80,000,000 to less than VND 100,000,000;
g) A fine ranging from VND 400,000,000 to VND 480,000,000 shall be imposed if the exhibit involved in the offence is worth VND 100,000,000 to less than VND 120,000,000;
h) A fine ranging from VND 480,000,000 to VND 560,000,000 shall be imposed if the exhibit involved in the offence is worth VND 120,000,000 to less than VND 140,000,000;
i) A fine ranging from VND 560,000,000 to VND 640,000,000 shall be imposed if the exhibit involved in the offence is worth VND 140,000,000 to less than VND 160,000,000;
k) A fine ranging from VND 640,000,000 to VND 720,000,000 shall be imposed if the exhibit involved in the offence is worth VND 160,000,000 to less than VND 180,000,000;
l) A fine ranging from VND 720,000,000 to VND 800,000,000 shall be imposed if the exhibit involved in the offence is worth VND 180,000,000 to less than VND 200,000,000;
m) A fine ranging from VND 800,000,000 to VND 880,000,000 shall be imposed if the exhibit involved in the offence is worth VND 200,000,000 to less than VND 220,000,000;
n) A fine ranging from VND 880,000,000 to VND 920,000,000 shall be imposed if the exhibit involved in the offence is worth VND 220,000,000 to less than VND 230,000,000;
o) A fine ranging from VND 920,000,000 to VND 1,000,000,000 shall be imposed if the exhibit involved in the offence is worth VND 230,000,000 to less than VND 250,000,000.
8. Additional penalties:
Confiscating exhibits or instrumentalities for committing administrative offences in case of commission of the offences specified in this Article.
9. Remedial measures:
a) Mandatory destruction of all invasive alien species; mandatory restoration to original state in case of commission of the offences specified in clauses 1, 2, 3, 4 and 5 of this Article;
b) Mandatory re-export of illegally imported invasive alien species out of the territory of the Socialist Republic of Vietnam in case of commission of the offences specified in clauses 6 and 7 of this Article. If the re-export is impossible, all illegally imported invasive alien species must be destroyed.
What are the fines for offences against regulations on management, access and benefit sharing of genetic resources in Vietnam?
Pursuant to Article 52 of the Decree 45/2022/NĐ-CP (takes effect from 25/08/2022) stipulating as follows:
Offences against regulations on management, access and benefit sharing of genetic resources
1. A warning shall be issued for perform one of the acts of failing to periodically report or failing to report the operation as prescribed during the period of access to genetic resources in support of research for non-commercial purposes as specified in the license for access to genetic resources.
2. A fine ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for any of the following offences:
a) Failure to comply with the requirements stated in the plan to access to genetic resources approved by the competent authority;
b) Failure to notify the competent authority of the transfer to a third party the genetic resources and their derivatives serving the same purposes of commercial research and development of commercial products;
c) Failure to share benefits accrued from the use of genetic resources with relevant parties in accordance with regulations;
d) Failure to periodically report or failure to report the operation as prescribed during the period of access to genetic resources in support of research for non-commercial purposes or development of commercial products as specified in the license for access to genetic resources;
dd) Bringing genetic resources out of the Vietnam’s territory but failing to comply with the requirements specified in the license for access to genetic resources or the decision to permit the transfer of genetic resources abroad in service of study or research for non-commercial purposes;
e) Failure to use the license for access to genetic resources in accordance with requirements and for its intended purposes.
3. A fine ranging from VND 10,000,000 and VND 30,000,000 shall be imposed for failure to exchange, transfer or provide assigned genetic resources to other organizations or individuals in accordance with law provisions; transferring genetic resources and their derivatives and changing their purposes specified in the license for access to genetic resources, except for cases specified in clauses 1 and 2 of this Article.
4. A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for accessing to genetic resources without the license granted by a competent authority or with an expired license for access to genetic resources.
5. Additional penalties:
a) Suspending the license for access to genetic resources for 06 - 12 months in case of commission of the offences specified in points a, b, c, d, dd and e clause 2 of this Article;
b) Confiscating exhibits or instrumentalities for committing administrative offences in case of commission of the offences specified in clauses 3 and 4 of this Article.
6. Remedial measures:
Mandatory recall of the products obtained from the illegal access to genetic resources within the period regulated by the person having the power to impose penalties in the decision to impose penalties for the administrative offences prescribed in points d and e clause 2 of this Article.
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