Hanoi, May 06, 2016
DECREE
PENALTIES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON PLANT VARIETIES, PLANT PROTECTION AND QUANRATINE
Pursuant to the Law on the Organization of the Government dated June 19, 2015;
Pursuant to the Law on Actions against administrative violations dated June 20, 2012;
Pursuant to the Law on intellectual property dated November 29, 2005 and the Law dated June 19, 2009 on amendments to certain articles of the Law on intellectual property;
Pursuant to the Law on plant protection and quarantine dated November 25, 2013;
Pursuant to the Ordinance on plant varieties dated March 24, 2004;
At the request of Minister of Agriculture and Rural Development;
The Government promulgates a decree on penalties for administrative violations against regulations on plant varieties, plant protection and quarantine.
Chapter I
GENERAL PROVISIONS
Article 1. Scope
a) Violations against regulations on plant varieties;
b) Violations against regulations on plant protection and quarantine, and pesticide products.
Other administrative violations against regulations on plant varieties, plant protection and quarantine which are not prescribed in this Decree shall apply other relevant Government's decrees on penalties for administrative violations against regulations on state management.
Article 2. Regulated entities
This Circular shall apply to organizations and individuals (hereinafter referred to as entities) committing administrative violations against regulations on plant varieties, plant protection and quarantine in the territory of Vietnam.
Article 3. Prescriptive period of penalties for administrative violations
Article 4. Penalties and remedial measures
a) Suspension of practicing certificates or permits, consisting of: Practicing certificate for representative service of rights to plant varieties; Plant variety rights assessor’s card; Certificate of elite trees or certificate of budwood orchards; Decision on authorization for plant variety testing; Practicing card for treatment of plant quarantine subjects; Practicing card for treatment of plant quarantine subjects; Certificate of eligibility for production of pesticides; Certificate of eligibility for pesticide sales; Permit to import pesticides; Permit for pesticide testing; Phytosanitary certificate;
b) Suspension of operation registration certificates;
c) Confiscation of the exhibits of administrative violations against regulations on plant varieties, plant protection and quarantine.
3. Apart from remedial measures prescribed in Points a, c, d, dd, e, g, h, i Clause 1 Article 28 of the Law on Actions against administrative violations, this Decree provides for certain remedial measures as below:
a) Change using purposes of plant varieties;
b) Label each source of plant variety with varietal batch code;
c) Make records of delivery of propagating materials;
d) Transfer rights to use plant varieties;
dd) Pay remunerations to plant breeders as regulated;
e) Assist owners of plant variety patents in controlling propagating materials of registered plant varieties;
g) Recycle pesticides which contain 70% of active ingredients or higher in comparison with applicable standards and corresponding technical regulations;
h) Implement preventive measures against plant pests upon the decision on announcement of plant pests;
i) Carry out treatment of wooden packages as regulated;
k) Carry out the treatment of plant quarantine subjects which are infected with quarantine plant pests;
l) Annul plant variety testing results;
m) Change labels as regulated.
Article 5. Regulations on fines and the power to impose fines
Chapter II
ADMINISTRATIVE VIOLATIONS, PENALTIES, FINES AND REMEDIAL MEASURES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON PLANT VARIETIES
Article 6. Violations against regulations on management, use and conservation of plant genetic resources in sanctuaries
a) Appropriation of genetic resources in sanctuaries;
b) Destruction of plant genetic resources in sanctuaries but the initial status of such genetic resources may be restored.
4. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for destruction of plant genetic resources in sanctuaries at the level that the initial status of such genetic resources cannot be restored.
5. Additional penalties
Confiscation of the exhibits which are used to commit violations prescribed in Clauses 2, 3 and 4 of this Article.
Restore the initial status of genetic resources if any of the violations prescribed in Point b Clause 3 of this Article is committed.
Article 7. Violations against regulations on collection and conservation of rare plant genetic resources in the list of rare plant genetic resources of greatest conservation need
a) Appropriation of rare genetic resources in sanctuaries;
b) Destruction of rare genetic resources in sanctuaries but the initial status of such genetic resources may be restored.
2. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for destruction of plant genetic resources in sanctuaries at the level that the initial status of such genetic resources cannot be restored.
3.Additional penalties
Confiscation of the exhibits which are used to commit violations prescribed in Clauses 1, 2 of this Article.
4.Remedial measures:
Restore the initial status of genetic resources if any of the violations prescribed in Point b Clause 1 of this Article is committed.
Article 8. Violations against regulations on export of rare genetic resources and rare plant varieties
Confiscation of the exhibits which are used to commit violations prescribed in Clauses 1, 2, 3 and 4 of this Article.
Transfer earnings from violations prescribed in Clauses 1, 2, 3 and 4 of this Article to competent authorities.
Article 9. Violations against regulations on Value for Cultivation and Use Testing (referred to as VCU testing), and Testing for Distinctness, Uniformity and Stability (referred to as DUS testing)
Suspension of Decision on authorization for plant variety testing for a period from 06 to 12 months if any of the violations in Clause 3 of this Article is committed.
Announce accurate information about testing results if the violation in Clause 3 of this Article is committed.
Article 10. Violations against regulations on use of new plant varieties which are undergone testing and trial production
a) Failure to provide cultivation techniques and methods of plant varieties undergoing trial production to growers;
b) Failure to make the contract or the list which specifies name and address of the entity in charge of trial production, period of trial production, and quantity of plant varieties transferred for trial production;
c) Failure to make records of plant varieties during the trial production.
3. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for any of the following violations:
a) Failure to carry out the trial production of a plant variety in a suitable ecological region as approved by a competent agency;
b) Carrying out the trial production of a new plant variety in the producing area that exceeds below 30% of the regulated one.
4. A fine of from VND 25,000,000 to VND 30,000,000 shall be imposed for the trial production of a new plant variety in the producing area that exceeds from 30% to below 70% of the regulated one.
5. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for the trial production of a new plant variety in the producing area that exceeds 70% or more of the regulated one.
Article 11. Violations against regulations on management of elite trees and budwood orchards of perennial industrial plants and fruit plants
Suspension of Certificate of elite trees or budwood orchards for a period from 03 to 06 months if any of the violations in Points b, c, d and dd Clause 1 of this Article is committed.
Article 12. Violations against regulations on rights of owners of plant variety patents
3. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for use of a variety denomination which is the same or similar with the denomination of a registered variety of the same, or a closely related, species.
4. Additional penalties
Confiscation of the exhibits which are used to commit any of the violations prescribed in Clauses 1, 2 of this Article.
5. Remedial measures:
Transfer earnings from the commitment of any of the administrative violations in this Article.
Article 13. Violations against regulations on obligations of owners of plant variety patents and plant breeders
2. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for use of plant variety patents, whose validity is expired, suspended or annulled, to exercise rights to plant varieties.
3. Additional penalties
Confiscation of plant variety patents if any of the violations in Point c Clauses 1 and 2 of this Article is committed.
Fulfill obligations if any of the violations in Points a, b and d Clause 1 of this Article is committed.
Article 14. Violations against regulations on conditions for production and sale of major plant varieties
The production of plant varieties shall be suspended for 06 – 12 months if any of the violations in Clauses 2 of this Article is committed.
Article 15. Violations against regulations on production of plant varieties
Article 16. Violations against regulations on sale of plant varieties
Change purposes of use or destruct plant varieties if any of the violations mentioned in this Article is committed.
Article 17. Violations against regulations on import of plant varieties and plant genetic resources which are not rare plant genetic resources
Article 18. Violations against regulations on management of permits/certificate of practice in plant varieties
Chapter III
ADMINISTRATIVE VIOLATIONS, PENALTIES, FINES AND REMEDIAL MEASURES FOR ADMINISTRATIVE VIOLATIONS AGAINST REGULATIONS ON PLANT PROTECTION AND QUARANTINE
Article 19. Violations against regulations on plant pest prevention and control
Article 20. Violations against regulations on imported, exported and in-transit plant quarantine
Over the period of 30 days from the date on which a competent state agency granted decision on imposition of penalties, if plant quarantine subjects are still in the territory of Vietnam, competent persons mentioned in Clause 4 Article 33 of this Decree may make decision on destruction of such plant quarantine subjects, except for legitimate reasons.
Article 21. Violations against regulations on domestic plant quarantine
Article 22. Violations against regulations on plant quarantine inspection of imported useful organisms and plant varieties
Destruct imported useful organisms or plant varieties if any of the violations mentioned in Clause 2 and Clause 3 of this Article is committed.
Article 23. Violations against regulations on treatment of plant quarantine subjects
Article 24. Violations against regulations on production of pesticides
Article 25. Violations against regulations on sale of pesticides
Suspend certificate of eligibility for sale of pesticides for 01 - 06 months for sale of pesticides which are not in the list of pesticides permitted for use in Vietnam, or sale of pesticides which are banned from sale in Vietnam as regulated in Clauses 4, 5, 6 and 7 of this Article.
Article 26. Violations against regulations on use of pesticides
Article 27. Violations against regulations on transport of pesticides
Article 28. Violations against regulations on import of pesticides
Over the period of 30 days from the date on which a competent state agency granted decision on imposition of penalties, if pesticides are still not re-exported, competent persons mentioned in Clause 4 Article 33 of this Decree may make decision on confiscation or destruction of exhibits of violations as regulated, except for legitimate reasons.
Article 29. Violations against regulations on pesticide testing for recording in the List of pesticides
Suspend activities of an entity carrying out pesticide testing for 03 – 06 months if any of the violations in Clauses 2, 3 of this Article is committed.
Cancel pesticide testing results if any of the violations mentioned in Clauses 2, 3 of this Article is committed.
Article 30. Violations against regulations on management of permits/ certificates of plant protection and quarantine
Chapter IV
POWER TO RECORD AND IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS
Article 31. Power to impose penalties of Presidents of people’s committees at various levels
Article 32. Power to impose penalties of inspectors of plant varieties
Inspectors of plant varieties have the power to impose penalties for administrative violations mentioned in Chapter II of this Decree. To be specific:
Article 33. Power to impose penalties of inspectors of plant protection and quarantine
Inspectors of plant protection and quarantine have the power to impose penalties for administrative violations mentioned in Chapter III of this Decree. To be specific:
Article 34. Power to impose penalties of People’s Public Security Forces
Article 35. Power to impose penalties of Customs Authorities
Article 36. Power to impose penalties of Market Surveillance Units
Article 37. Power to impose penalties of Border Guard Forces
Article 38. Power to impose penalties of Coast Guard Units
Article 39. Determination of power to impose penalties of People’s Public Security, Customs Authorities, Market Surveillance Units, Border Guard Forces and Coast Guard Forces
Article 40. Power to record administrative violations
Chapter V
IMPLEMENTATION
Article 41. Effect
Article 42. Transition
The administrative violations against regulations on plant varieties, plant protection and quarantine that are committed before the effective date of this Decree and discovered afterwards or still in consideration, the regulations that are advantageous to the violators shall apply.
Article 43. Responsibility for implementation