Prescriptive periods for administrative violations against regulations on crop production in Vietnam

Prescriptive periods for administrative violations against regulations on crop production in Vietnam

The prescriptive period for imposition of penalties for administrative violations against regulations on crop production shall be 01 year. The prescriptive period for imposition of penalties for the following administrative violations shall be 02 years:

- Violations against regulations on protection of plant variety rights.

- Violations against regulations on production, trade, export and import of plant varieties.

- Violations against regulations on production, trade, export and import of fertilizers.

Regulations on fines and authority to impose fines on administrative violations against regulations on crop production in Vietnam

- The maximum fine imposed upon an individual for commission of an administrative violation against any regulation on crop production (except for fertilizer) is VND 50.000.000.

- The maximum fine imposed upon an individual for commission of an administrative violation against any regulation on fertilizer is VND 100.000.000.

- The fines for administrative violations prescribed in Chapter II, Chapter III of Decree 31/2023/ND-CP are imposed upon individuals. The fine incurred by an organization is twice as much as that incurred by an individual for commission of the same administrative violation.

- The maximum fine imposed by one of the persons specified in Chapter IV of Decree 31/2023/ND-CP is imposed upon an administrative violation committed by an individual; the maximum fine such a person may impose upon an organization is twice as much as that imposed upon an individual.

Remedial measures for administrative violations against regulations on crop production in Vietnam

- Enforced implementation of measures for control of environmental pollution and prevention of the spread of epidemics;

- Enforced return of illegal profits obtained from violations;

- Enforced addition of stored samples or provision of stored samples that ensure the quality or storage of samples according to regulations;

- Enforced return of the plant variety patent to the competent agency/person that has issued such patent;

- Enforced destruction or repurposing of plant varieties for violations against regulations on production, trade and audit of plant varieties; enforced destruction or re-export of plant varieties for violations against regulations on import of plant varieties;

- Enforced storage of plant variety testing dossiers according to regulations;

- Enforced cancellation of testing results; results of sampling of propagating materials; results of audit of plant variety batches; results of analysis and testing of the quality of propagating materials;

- Enforced formulation of the plan for use of topsoil of the land shifted from the arable wet rice cultivation land when facilities are built;

- Enforced extraction of topsoil of the land shifted from the arable wet rice cultivation land according to the topsoil use plan when facilities are built;

- Enforced seizure of fertilizers for retesting; enforced use of fertilizers for intended purposes stated in the fertilizer import license;

- Enforced destruction of produced fertilizers of which types are not specified in certificates of conformance to fertilizer production regulations; fertilizers without obtaining the decision on authorization of marketing of fertilizers in Vietnam or fertilizers with the Decision on authorization of marketing of fertilizers in Vietnam which has expired or revoked;

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

- Enforced cancellation of fertilizer testing results; fertilizer sampling results; and fertilizer quality testing results;

- Enforced revocation and destruction of dossiers and documents;

- Enforced return of decisions, certificates, licenses and practicing certificates whose information is erased or intentionally corrected to competent authorities or persons that have issued such decisions, certificates, licenses and practicing certificates.

More details can be found in Decree 31/2023/ND-CP, effective from July 28, 2023.

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