Vietnam: Penalties for violations against fertilizer import regulations

Decree No. 55/2018/ND-CP of Vietnam’s Government specifies administrative penalties for violations against fertilizer import regulations, which will vary depending on the level of violation. To be specific:

The amount of monetary penalty ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

- At one’s free will, marking, erasing, correcting or changing information displayed on the fertilizer import License;

- Manufacturing, marketing or failure to maintain the original state of fertilizers without obtaining the notification of state inspection of quality of imported fertilizers.

Import of fertilizers which do not meet quality standards, import of expired fertilizers or fertilizers without the fertilizer import License with respect to those of which import requires the import License shall be subject to the following penalties:

- The amount of monetary penalty ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for import of a batch of fertilizers worth less than VND 30,000,000;

- The amount of monetary penalty ranging from VND 5,000,000 to VND 10,000,000 shall be imposed for importing a batch of fertilizers worth from VND 30,000,000 to less than VND 50,000,000;

- The amount of monetary penalty ranging from VND 10,000,000 to VND 15,000,000 shall be imposed for importing a batch of fertilizers worth from VND 50,000,000 to less than VND 100,000,000;

- The amount of monetary penalty ranging from VND 15,000,000 to VND 25,000,000 shall be imposed for import of a batch of fertilizers worth at least VND 100,000,000.

In addition to the above-mentioned fines, seizure of the fertilizer import License shall be imposed for marking, erasing, correcting or changing information displayed on the fertilizer import License at one’s free will.

Remedial measures

- The measure to forcibly re-export fertilizers shall be applied to any violation, which is import of fertilizers which do not meet quality standards, import of expired fertilizers or fertilizers without the fertilizer import License with respect to those of which import requires the import License, if imported fertilizers do not meet quality standards or do not have the import License which is legally required for import.

After duration of 30 days of receipt of the decision on imposition of penalty from relevant competent authorities, if there is a delay in re-export of violating fertilizers, the person accorded relevant authority shall issue the decision on seizure or destruction of objects indicating such violation in accordance with applicable regulations, except if there are sound grounds for such delay.

- The measure to forcibly re-export or destroy fertilizers shall be applied to any violation, which is import of fertilizers which do not meet quality standards, import of expired fertilizers or fertilizers without the fertilizer import License with respect to those of which import requires the import License, if these imported fertilizers are expired.

- The measure to forcibly disgorge the monetary amount equal to the value of material object exhibiting violation if such object has been used or concealed shall be applied to import of fertilizers failing to meet quality standards.

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-

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