How are fines for carrying plant quarantine subjects into Vietnam without the Phytosanitary Certificate?

According to Clause 3 Article 1 of Decree No. 04/2020/NĐ-CP of Vietnam’s Government supplementing Article 20 of Decree No. 31/2016/NĐ-CP on violations against regulations on plant pest prevention and control:

“4. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for any of the following violations:

d) Carrying plant quarantine subjects into Vietnam without the Phytosanitary Certificate granted by a competent authority of the exporting country, except the case where such plant quarantine subjects are certified by a specialized plant protection and quarantine agency affiliated to the Ministry of Agriculture and Rural Development;

dd) Failure to comply with law regulations on plant quarantine when carrying plant quarantine subjects into Vietnam resulting in the spread of plant pests causing less than VND 100,000,000 in property damage.”

Thus, carrying plant quarantine subjects into Vietnam without the Phytosanitary Certificate granted by a competent authority of the exporting country shall be fined from VND 10,000,000 to VND 20,000,000. Moreover, enforced transport of plant quarantine subjects out of the territory of Vietnam if committing this violation three times or more.

Besides, Decree No. 04/2020/NĐ-CP also supplements that a fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for “failure to comply with law regulations on plant quarantine when carrying plant quarantine subjects into Vietnam resulting in the spread of plant pests which causes at least VND 100,000,000 in property damage if there is a decision not to institute criminal proceedings, a decision on annulment of the decision on institution of criminal proceedings, a decision to terminate investigation or a decision to dismiss the lawsuit issued by the presiding agency”. Concurrently, enforced treatment of plant quarantine subjects infected with quarantine plant pests by adopting one of the measures specified in Clause 2, Clause 3 Article 34 of the 2013 Law on Plant Protection and Quarantine 2013 of Vietnam.

View more details at Decree No. 04/2020/NĐ-CP of Vietnam’s Government, effective from February 18, 2020.

Thu Ba

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