Vietnam: Authority to impose administrative penalties for violations arising in the fertilizer sector of People’s Committees

According to Decree No. 55/2018/ND-CP of Vietnam’s Government, authority to impose penalties delegated to the Chairpersons of People’s Committees at all levels is specified as follows:

The Chairperson of commune-level People’s Committee shall be accorded the following powers:

- Impose penalties represented in the form of warning;

- Impose a fine of up to VND 5,000,000;

- Seize any material object or equipment used in commission of administrative violation which is worth up to VND 5,000,000;

- Apply forcible destruction.

The Chairperson of district-level People’s Committee shall be accorded the following powers:

- Impose penalties represented in the form of warning;

- Impose a fine of up to VND 50,000,000;

- Deprive of the right to use certificates, licenses or suspend business within a specified duration;

- Seize any material object or equipment used in commission of administrative violation which is worth up to VND 50,000,000;

- Apply the following corrective measures to mitigate consequences:

+ Forcible seizure of fertilizers for retests;

+ Forcible reprocessing of fertilizers without obtaining the Decision on authorization for marketing of fertilizers in Vietnam or transformation of them into input materials for production of finished fertilizer products;

+ Forcible recall and return of expired fertilizers to manufacturers;

+ Forcible disgorgement of ill-gotten gains obtained by commission of administrative violations;

+ Forcible destruction;

+ Forcible annulment of fertilizer test results; fertilizer sampling results; fertilizer quality analysis and test results;

+ Forcible recovery and elimination of documents and materials;

+ Forcible repayment of monetary amounts equal to value of material objects exhibiting violations in the event that they have already been used, removed or concealed.

The Chairperson of province-level People’s Committee shall be accorded the following powers:

- Impose penalties represented in the form of warning;

- Impose a fine of up to VND 100,000,000;

- Deprive of the right to use certificates, licenses or suspend business within a specified duration;

- Seize any material object or equipment used in commission of administrative violation;

- Apply corrective measures to mitigate consequences as stipulated in Clause 3 Article 4 hereof.

More details can be found in Decree No. 55/2018/ND-CP of Vietnam’s Government, which takes effect from April 16, 2018.

-Thao Uyen-

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE