According to Decree No. 31/2023/ND-CP of the Government, administrative violations related to fertilizers are subject to fines of up to 200 million VND.
Administrative violations of fertilizers are fined up to 200 million VND.
Specifically, for violations in fertilizer production, the Decree stipulates a fine of 5 - 10 million VND for one of the following acts:
- There are no separate raw material storage areas and finished product areas;
- Failure to periodically report on the production, export and import of fertilizers annually for 2 consecutive years or failure to make ad hoc reports when requested by competent state management agencies;
- There is no laboratory recognized in accordance with ISO 17025 standards without a contract with a testing organization designated in accordance with the provisions of law on product and goods quality to evaluate the quality indicators of the fertilizers produced by the facility (except for facilities that only operate in fertilizer packaging).
Fine from 10 to 15 million VND for one of the following acts:
- The person directly managing fertilizer production does not have a university degree or higher in one of the following majors: cultivation, plant protection, agrochemistry, soil science, agronomy, chemistry, biology;
- Failure to recall or failure to comply with the fertilizer recall deadline as decided by the competent authority;
- Not keeping product samples of each batch of fertilizer leaving the factory according to regulations on sample storage time;
- Not keeping records of test results according to regulations on the time of each batch of manufactured fertilizers that has left the factory.
Producing fertilizer without a Certificate of eligibility for production will be fined up to 70 million VND.
Violations of regulations on Certificate of eligibility for fertilizer production are subject to penalties as follows:
- A fine of 10 - 15 million VND for acts of erasing or correcting to distort the content recorded in the Certificate of eligibility for fertilizer production;
- A fine of 20 - 30 million VND for failure to return the Certificate of eligibility for fertilizer production according to the decision of the competent authority;
- A fine of 30 - 40 million VND for the act of producing fertilizers of the wrong type or form stated in the Certificate of eligibility for fertilizer production;
- A fine of 60 - 70 million VND for the act of producing fertilizer without a Certificate of eligibility for fertilizer production or the Certificate of eligibility for fertilizer production has expired or has had its right to use revoked or revoked.
The Decree clearly states that a fine of 90-100 million VND will be imposed on the act of producing fertilizers without a Decision to recognize fertilizers for circulation in Vietnam (except for the case of producing fertilizers for research and testing; fertilizers produced within the framework of a pilot production project, a program to support the application of technical and technological advances during the implementation of the project or program) or fertilizers with a Decision to recognize fertilizers for circulation in Vietnam that has expired or when the Decision to recognize fertilizers for circulation in Vietnam has been revoked with a value of 200 million VND or more or illegal profits of 100 million VND or more when the competent authority conducting criminal proceedings has one of the following decisions: not to initiate a criminal case, a decision to cancel the decision to initiate a criminal case, a decision to suspend the investigation, a decision to suspend the case, a decision to suspend the case for the accused, and exemption from criminal liability according to the verdict.
Selling fertilizer without a license is subject to a fine of up to 15 million VND.
For violations of regulations on fertilizer trading, the Decree stipulates a fine of 10 - 15 million VND for one of the following acts:
- Trading in fertilizers without a Certificate of eligibility for trading in fertilizers;
- Trading in fertilizers during the period of deprivation of the right to use or revocation of the Certificate of eligibility to trade in fertilizers;
- Failure to fully maintain the conditions for fertilizer trading as prescribed in Clause 2, Article 42 of the 2018 Law on Cultivation during operation.
A fine of 50 to 60 million VND shall be imposed for trading in fertilizers without a Decision on recognition of fertilizers for circulation in Vietnam or fertilizers with a Decision on recognition of fertilizers for circulation in Vietnam that has expired or fertilizers whose Decision on recognition of fertilizers for circulation in Vietnam has been revoked with a value of 200 million VND or more when the competent authority conducting criminal proceedings has one of the following decisions: not to initiate a criminal case, a decision to cancel the decision to initiate a criminal case, a decision to suspend the investigation, a decision to suspend the case, a decision to suspend the case for the accused, or exemption from criminal liability according to the verdict.
For the act of using imported fertilizers for purposes other than those stated in the Fertilizer Import License, a fine of 10 - 20 million VND will be imposed.
The above fines apply to individuals. The fine for an organization committing the same administrative violation is twice the fine for an individual.
According to VGP News
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