Regulations on maximum fines in the field of cultivation in Vietnam

On June 9, 2023, the Government of Vietnam issued Decree 31/2023/ND-CP stipulating the sanctioning of administrative violations on Cultivation with many notable contents (effective from July 28, 2023).

Maximum fines in the field of cultivation in Vietnam

Accordingly, Article 5 of Decree 31/2023/ND-CP stipulates the maximum fine level in sanctioning of administrative violations in the field of crop production, specifically as follows:

- The maximum fine for an individual act of administrative violation on cultivation (except for fertilizers) is VND 50,000,000.

- The maximum fine for an individual act of administrative violation on fertilizers is VND 100,000,000.

- The fine level specified in Chapter II and Chapter III of Decree 31/2023/ND-CP is the fine level applicable to individuals; the fine level for organizations committing the same act of administrative violation is two times higher than the fine level for individuals. Therefore:

+ The maximum fine for an administrative violation on cultivation (except for fertilizers) for an organization is VND 100,000,000.

+ The maximum fine for an administrative violation on fertilizers for an organization is VND 200,000,000.

Regulations on maximum fines in the field of cultivation in Vietnam (Internet image)

Penalties for administrative violations on cultivation and remedial measures in Vietnam

The forms of sanctioning administrative violations on crop production and remedial measures are specified in Article 6 of Decree 31/2023/ND-CP, specifically as follows:

(1) Main form of sanction:

- Warning;

- Fine.

(2) Additional sanctions:

- Deprivation of the right to use for a definite time the decision on recognition of a plant variety testing organization; Decision on recognition of the circulation of plant varieties, or Decision on recognition of new plant varieties; Certificate of professional training in inspection of seed fields; Certificate of professional training in taking samples of plant propagation materials; Certificate of eligibility for fertilizer production; Certificate of eligibility to trade in fertilizers; Fertilizer import license; A decision on the recognition of a fertilizer testing organization or a decision on the recognition of an organization eligible for fertilizer testing;

- Suspending operation for a term of from 01 month to 03 months;

- Confiscating exhibits and means of administrative violations.

(3) Remedial measures:

- Forcible implementation of measures to remedy environmental pollution and disease spread;

- Forcible return of illegal profits obtained from committing administrative violations;

- Forcible addition of stored samples or provision of samples for storage of plant varieties with quality assurance or forcible storage of samples in accordance with regulations;

- Forcible return of the plant variety protection certificate to the competent agency or person that has granted the plant variety protection certificate;

- Forcible destruction or forced conversion of the purpose of use of plant varieties, for violations on production, trading or inspection of plant varieties; forcible destruction or forced re-export of plant varieties for violations on import of plant varieties;

- Being forced to keep records of plant variety testing in accordance with regulations;

- Forcible cancellation of testing results; results of sampling plant propagation materials; results of inspection of seed lots; results of analysis and quality testing of plant propagation materials;

- Forcible formulation of a plan to use the topsoil of the land converted from specialized wet-rice land when building works;

- Forcible removal of the topsoil layer of the land converted from specialized wet-rice land according to the plan for using topsoil when building works;

- Forcible withdrawal of fertilizers for re-testing; using the right import purposes stated in the fertilizer import license;

- Forcible destruction of fertilizers produced with different types and forms of fertilizers stated in the Certificate of eligibility for fertilizer production; fertilizers without a Decision on recognition of fertilizers circulating in Vietnam or fertilizers with a Decision on recognition of fertilizers circulating in Vietnam expire or have been canceled after the Decision on Recognition of Fertilizers Circulating in Vietnam ;

- Forcible re-export, recycling, or destruction of fertilizers;

- Forcible cancellation of fertilizer testing results; fertilizer sampling results; fertilizer quality test results;

- Forcible recovery and destruction of all kinds of records and documents;

- Forcible return of decisions, certificates, licenses, or practice certificates that have been erased, corrected, or falsified to the agency or person competent to issue such a decision, certificate, license, or practice certificate.

Mai Thanh Loi

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