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​New regulations on the power to impose penalties of the Customs in the field of livestock productions

T.H  22/03/2021 12:00 AM

​New regulations on the power to impose penalties of the Customs in the field of livestock productions

On March 1st, 2021 The Government issued Decree No. 14/2021/ND-CP on the power to impose penalties in the field of livestock productions. In which, there are a number of new provisions on imposing penalties for administrative customs offences in this field.

Expand the power to impose penalties of customs authority

Decree No. 14/2021/ND-CP removed the customs authority's right to impose a warning, only regulating the fine levels of the customs authorities. However, the Decree expanded the power to impose penalties of the customs authorities for a number of administrative violations in livestock production. Specifically, according to the provisions of Decree 14/2021/ND-CP, Customs officers on duty have the right to impose fines of up to 500.000 VND for the field of livestock breeds, feed and breeding conditions.

Heads of units of the Sub-Department, Heads of units of the Post Clearance Audit Sub-Department are entitled to impose fines of up to 5 million VND for the fields of livestock breeds, animal feed and breeding conditions.

Heads of Customs Sub-Departments, Heads of Sub-Departments of Post Clearance Audit, Heads of Enforcement Units under Customs Departments, Heads of Anti-Smuggling Enforcement Units, Heads of Customs Procedures Units, Heads of Marine Enforcement Units under the Anti-Smuggling Investigation Department of the General Department of Customs are entitled to impose fines of up to 25 million VND for the field of livestock breeds, animal feed and breeding conditions; Confiscating the illegal goods, the value of which does not exceed 25 million dong.  

The Director of the Anti-Smuggling Investigation Department, the Director of the Post Clearance Audit Department under the General Department of Customs, and the Director of the Local Customs Department are entitled to impose fines of up to VND 50 million for the field of livestock breeds, animal feed and breeding conditions; Suspending the operation for a certain period of time; Confiscating illegal goods and vehicles, the value of which does not exceed 50 million dong.

The Director of the General Department of Customs are entitled to impose a fine of up to 50 million VND in the field of livestock breeds; 100 million VND in the animal feed and and breeding conditions; and also are entitled to suspend the operation for a certain period of time.

New regulations of violations in the field of livestock production under the power to impose penalties of the customs authorities

Decree No. 14/2021/ND-CP specifies and adds new violations that customs authorities have the power to impose penalties compared with Decree No. 64/2018/ND-CP dated May 7, 2018. Those are violations against regulations (i) on livestock breeds banned from export; exchange of genetic resources of rare and precious animals (Article 7); (ii) on import of livestock breeds and livestock breed products (Article 8); (iii) on certificates and license in livestock breed management (Article 13); (iv) on conditions for establishments to purchase, sell, import animal feed (Article 17); (v) on quality of importing animal feed (Article 19); on purchase, sale and import of expired animal feed, using expired ingredients in the production of animal feed (Article 20); on production, sale, and import of animal feed containing antibiotics (Article 22); on purchase, sale and import of livestock waste treatment products (Article 32); on import of livestock products and live animals for food use (Article 35).

The time limit for imposing penalties in the field of livestock productions is 01 year, except for the case of administrative violations related to the production, sale, purchase, import and export of livestock breeds, animal feed, products from livestock waste, livestock products, and live animals as food the time limit for imposing penalties is 2 years.

Decree No. 14/2021/ND-CP takes effect from April 20, 2021 that annulled the regulations on livestock breeds, animal feeds in Decree No. 64/2018/ND-CP dated May 7, 2018 of the Government; Point b, Clause 7, Article 20 of the Government's Decree No. 90/2017/ND-CP dated July 31, 2017 providing for on the power to impose penalties in the field of veterinary medicine.


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