Fines for offences against regulations regarding use of banned substances, animal feed containing antibiotics in animal production activities in Vietnam

Fines for offences against regulations regarding use of banned substances, animal feed containing antibiotics in animal production activities in Vietnam (Internet image)

What is animal husbandry and feed?

According to Clause 1, Clause 2, Clause 25, Article 2 of the Law on Animal Husbandry 2018, the following provisions are made:

- Animal husbandry means a combined economic-technical branch including activities related to livestock breeds, animal feeds, livestock breeding and processing conditions and market of animal products.

- Breeding activity means raising of livestock for growth and reproduction purpose and other activities relating to livestock and animal products for food, animal traction or decoration purposes and other purpose of human.

- Animal feed means any raw or processed product given to domesticated animals including complete feed, concentrated feed, feed additives and traditional feed.

Besides, according to Clause 2, Clause 3, Clause 4, Article 12 of the Law on Animal Husbandry 2018 regulates prohibited acts regarding animal husbandry in Vietnam such as:

- Use of substances prohibited in animal husbandry

- Use of antibiotics in animal feeds that are not veterinary medicine permitted to be circulated in Vietnam.

- Use of antibiotics in animal feeds as growth stimulants.

Penalties for offences against regulations regarding use of banned substances, animal feed containing antibiotics in animal production activities in Vietnam

Pursuant to Article 28 of Decree 14/2021/ND-CP and Clause 15, Article 4 of Decree 07/2022/ND-CP on fines for violations of regulations on use of banned substances, animal feed containing antibiotics in livestock as follows:

- The offences involving the use of animal feed containing antibiotics in contravention of the guidance of producers or suppliers shall be sanctioned as follows:

+ Imposing the fine ranging from 500,000 dong to 1,000,000 dong if such offences arise from small-scale animal farming activities;

+ Imposing the fine ranging from 1,000,000 dong to 3,000,000 dong if such offences arise from medium-scale animal farming activities;

+ Imposing the fine ranging from 3,000,000 dong to 5,000,000 dong if such offences arise from large-scale animal farming activities.

- Offences arising from failure to make a logbook on the use of animal feed containing antibiotics to serve the purpose of preventing animal diseases at the neonatal stage and curing infected animals shall be sanctioned as follows:

+ Imposing the fine ranging from 1,000,000 dong to 3,000,000 dong if such offences arise from small-scale animal farming activities;

+ Imposing the fine ranging from 3,000,000 dong to 5,000,000 dong if such offences arise from medium-scale animal farming activities;

+ Imposing the fine ranging from 5,000,000 dong to 7,000,000 dong if such offences arise from large-scale animal farming activities.

- Offences involving the use of animal feed containing antibiotics for the growth stimulation purpose shall be sanctioned as follows:

+ Imposing the fine ranging from 1,000,000 dong to 3,000,000 dong if such offences arise from family farming activities;

+ Imposing the fine ranging from 3,000,000 dong to 5,000,000 dong if such offences arise from small-scale animal farming activities;

+ Imposing the fine ranging from 5,000,000 dong to 7,000,000 dong if such offences arise from medium-scale animal farming activities;

+ Imposing the fine ranging from 7,000,000 dong to 10,000,000 dong if such offences arise from large-scale animal farming activities.

- Offences involving the use of prohibited substances in animal production activities shall be sanctioned as follows:

+ Imposing the fine ranging from 50,000,000 dong to 60,000,000 dong for the offence involving the use of a prohibited substance in animal production activities to the extent that such offence is not subject to criminal prosecution;

+ Imposing the fine ranging from 70,000,000 dong to 80,000,000 dong for the offence involving the use of a prohibited substance in animal production activities to the extent that such offence is subject to criminal prosecution, but the agency vested with authority to institute criminal procedure has issued a decision not to institute criminal proceedings, a decision on annulment of the decision to institute criminal proceedings, a decision to terminate investigation, a decision to dismiss the lawsuit, or a decision to dismiss the lawsuit against the suspect or to grant exemption from criminal liability according to judgments

In addition, according to  Clause 5, Article 28 of Decree 14/2021/ND-CP, remedial measures for offences against regulations regarding use of banned substances, animal feed containing antibiotics in animal production activities in Vietnam include:

+ The remedy existing in the form of compelling change of uses of animal feed containing antibiotics shall be applicable to the offences specified in clause 3 of Article 28 of Decree 14/2021/ND-CP; in case of impossibility of doing so, the destruction thereof shall be required;

+ The remedy existing in the form of compelling the destruction of prohibited substances and domesticated animals already using prohibited substances shall be applicable to the offences specified in clause 4 of Article 28 of Decree 14/2021/ND-CP.

Thus, the fine for violating regulations on the use of banned substances and antibiotic-containing animal feed in livestock production can be up to 80,000,000 VND for individuals and 160,000,000 VND for organizations. When the violation is in the case specified in Clause 5, Article 28 of Decree 14/2021/ND-CP, the violating organization or individual is forced to take remedial measures as prescribed by law.

Nguyen Pham Nhut Tan

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE