Chương 3 Nghị định 178/2013/NĐ-CP: Thẩm quyền lập biên bản vi phạm hành chính và xử phạt vi phạm hành chính về an toàn thực phẩm

Chapter 3.

THE AUTHORITY TO MAKE MINUTES OF ADMINISTRATIVE VIOLATIONS, AND SANCTION ADMINISTRATIVE VIOLATIONS ON FOOD SAFETY

Article 31. The authority to make minutes of administrative violations

Persons competent to make minutes of administrative violations on food safety include:

1. Titles competent to sanction specified at Articles 32, 33, 34, 35 and 36, Clause 1 Article 37 of this Decree.

2. Civil servants and public employees under sectors of: Health, Agriculture and Rural Development, Industry and Trade, who are on duty, task, have the authority to make minutes on administrative violations for violations under their assigned scope of duties and tasks. The minutes, after being made, must be transferred to persons competent to sanction in order to sanction in accordance with regulations.

Article 32. The authority to sanction of chairpersons of People’s Committees

1. Chairpersons of the communal People’s Committees have rights:

a) To impose a caution;

b) To fine up VND 5,000,000;

c) To confiscate material evidences, means used to commit administrative violations with value not exceeding the fine levels specified at point b this clause;

d) To apply remedial measures specified at Point dd Clause 1 Article 28 of the Law on handling of administrative violations.

2. Chairpersons of the district-level People’s Committees have right:

a) To impose a caution;

b) To fine up VND 50,000,000;

c) To deprive the right to use certificate of facility eligible for food safety for a defined time or suspend operation for a defined time;

d) To confiscate material evidences and means used to commit administrative violations with value not exceeding the fine level specified at point b of this Clause;

dd) To apply remedial measures specified at Points dd, e and h Clause 1 Article 28 of the Law on handling of administrative violations and remedial measures specified at points a, b, c, d and dd Clause 3 Article 3 of this Decree.

3. Chairpersons of the provincial People’s Committees have right:

a) To impose a caution;

b) To fine up the maximum levels as prescribed in this Decree;

c) To deprive the right to use certificate of facility eligible for food safety for a defined time or suspend operation for a defined time;

d) To confiscate material evidences and means used to commit administrative violations;

dd) To apply remedial measures specified at Clause 3 Article 3 of this Decree.

Article 33. The authority to sanction of Inspectorate

1. Inspectors, persons assigned to implement task of specialized inspection on food safety, and fields related to food safety under sectors of: Health, Agriculture and Rural Development, Industry and Trade who are on duty have rights:

a) To impose a caution;

b) To fine up VND 500,000;

c) To confiscate material evidences and means used to commit administrative violations with value not exceeding the fine level specified at point b of this Clause;

d) To apply remedial measures specified at Point dd Clause 1 Article 28 of the Law on handling of administrative violations.

2. The Chief Inspectors of the provincial Health Departments, the provincial Departments of Agriculture and Rural Development, the provincial Departments of Industry and Trade; heads of agencies assigned implementation of the specialized inspection function on food safety and sectors related to food safety of the provincial Health Departments, the provincial Departments of Agriculture and Rural Development, the provincial Departments of Industry and Trade; heads of the specialized inspection teams at provincial department level, heads of the specialized inspection teams of agencies assigned implementation of the specialized inspection function on food safety and sectors related to food safety under the sectors of: Health, Agriculture and Rural Development, Industry and Trade have rights:

a) To impose a caution;

b) To fine up VND 50,000,000;

c) To deprive the right to use certificate of facility eligible for food safety for a defined time or suspend operation for a defined time;

d) To confiscate material evidences and means used to commit administrative violations with value not exceeding the fine level specified at point b of this Clause;

dd) To apply remedial measures specified at Clause 3 Article 3 of this Decree.

3. Heads of the specialized inspection teams at ministerial level of the ministries of: Health, Agriculture and Rural Development, Industry and Trade have rights:

a) To impose a caution;

b) To fine up VND 70,000,000;

c) To deprive the right to use certificate of facility eligible for food safety for a defined time or suspend operation for a defined time;

d) To confiscate material evidences and means used to commit administrative violations with value not exceeding the fine level specified at point b of this Clause;

dd) To apply remedial measures specified at Clause 3 Article 3 of this Decree.

4. The Chief Inspectors of the Health Ministry, the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade; heads of agencies assigned implementation of the specialized inspection function on food safety and sectors related to food safety under the Health Ministry, the Ministry of Agriculture and Rural Development, the Ministry of Industry and Trade have rights:

a) To impose a caution;

b) To fine up the maximum levels as prescribed in this Decree;

c) To deprive the right to use certificate of facility eligible for food safety for a defined time or suspend operation for a defined time;

d) To confiscate material evidences and means used to commit administrative violations;

dd) To apply remedial measures specified at Clause 3 Article 3 of this Decree.

Article 34. The authority to sanction of People's Public Security

1. Soldiers of People’s Public Security on duty have rights:

a) To impose a caution;

b) To fine up VND 500,000;

2. Heads of station, heads of team of persons defined at Clause 1 of this Article have rights:

a) To impose a caution;

b) To fine up VND 1,500,000;

3. Heads of commune-level police offices, heads of police station, heads of police stations of border gates or the processing-and-exporting zones have rights:

a) To impose a caution;

b) To fine up VND 2,500,000;

c) To confiscate material evidences, means used to commit administrative violations with value not exceeding the fine levels specified at point b this clause;

d) To apply remedial measures specified at Point dd Clause 1 Article 28 of the Law on handling of administrative violations.

4. Heads of the district Police offices, heads of specialized Divisions of the Traffic Police Department for roadway, railway, heads of specialized Divisions of Waterway Police Department; heads of Police Divisions at provincial level including heads of Police Offices for investigation of crimes on Economic and Position Management Order, heads of Traffic Police Offices for roadway, railway, heads of waterway Traffic Police Offices, heads of Police Offices for prevention and combat of crimes on environment, have rights:

a) To impose a caution;

b) To fine up VND 20,000,000;

c) To deprive the right to use certificate of facility eligible for food safety for a defined time or suspend operation for a defined time;

d) To confiscate material evidences and means used to commit administrative violations with value not exceeding the fine level specified at point b of this Clause;

dd) To apply remedial measures specified at Point dd, Clause 1 Article 28 of the Law on handling of administrative violations and remedial measures specified at points a, b, c, d and dd Clause 3 Article 3 of this Decree.

5. Directors of the provincial Public Security Offices have rights:

a) To impose a caution;

b) To fine up VND 50,000,000;

c) To deprive the right to use certificate of facility eligible for food safety for a defined time or suspend operation for a defined time;

d) To confiscate material evidences and means used to commit administrative violations with value not exceeding the fine level specified at point b of this Clause;

dd) To apply remedial measures specified at Point dd, Clause 1 Article 28 of the Law on handling of administrative violations and remedial measures specified at points a, b, c, d and dd Clause 3 Article 3 of this Decree.

6. Director of the Police Department for Investigating Crimes on Economic and Position Management Order, Director of the Traffic Police Department for roadway, railway, Director of the Waterway Traffic Police Department, Director of the Police Department for prevention and combat of Crimes on environment, have rights:

a) To impose a caution;

b) To fine up the maximum levels as prescribed in this Decree;

c) To deprive the right to use certificate of facility eligible for food safety for a defined time or suspend operation for a defined time;

d) To confiscate material evidences and means used to commit administrative violations;

dd) To apply remedial measures specified at Point dd, Clause 1 Article 28 of the Law on handling of administrative violations and remedial measures specified at points a, b, c, d and dd Clause 3 Article 3 of this Decree.

Article 35. The authority to sanction of Border Guard

1. Soldiers of Border Guard on duty have rights:

a) To impose a caution;

b) To fine up VND 500,000;

2. Heads of station, heads of team of persons defined at Clause 1 of this Article have rights:

a) To impose a caution;

b) To fine up VND 2,500,000.

3. Heads of border guard stations, captains of border marine groups, commanders of border sub-zones, commanders of border station at border gates of ports, have rights:

a) To impose a caution;

b) To fine up VND 20,000,000.

c) To confiscate material evidences, means used to commit administrative violations with value not exceeding the fine levels specified at point b this clause;

d) To apply remedial measures specified at Point dd, Clause 1 Article 28 of the Law on handling of administrative violations and remedial measures specified at points a, b, c, d and dd Clause 3 Article 3 of this Decree.

4. Heads of the provincial border guard, captains of border marine regiments affiliated the command of border guards, have rights:

a) To impose a caution;

b) To fine up the maximum levels as prescribed in this Decree;

c) To deprive the right to use certificate of facility eligible for food safety for a defined time or suspend operation for a defined time;

d) To confiscate material evidences and means used to commit administrative violations;

dd) To apply remedial measures specified at Point dd, Clause 1 Article 28 of the Law on handling of administrative violations and remedial measures specified at points a, b, c, d and dd Clause 3 Article 3 of this Decree.

Article 36. The authority to sanction of Coast Guard

1. Policemen of Coast Guard on duty have rights:

a) To impose a caution;

b) To fine up VND 1,500,000.

2. Heads of professional teams of Coast Guard have rights:

a) To impose a caution;

b) To fine up VND 5,000,000.

3. Heads of professional squads of Coast Guard, heads of Coast Guard Stations have rights:

a) To impose a caution;

b) To fine up VND 10,000,000.

c) To apply remedial measures specified at Point dd Clause 1 Article 28 of the Law on handling of administrative violations.

4. Heads of Coast Guard flotillas have rights:

a) To impose a caution;

b) To fine up VND 20,000,000.

c) To confiscate material evidences and means used to commit administrative violations with value not exceeding the fine level specified at point b of this Clause;

d) To apply remedial measures specified at Point d and Point dd, Clause 1 Article 28 of the Law on handling of administrative violations and remedial measures specified at points a, b, c, d and dd Clause 3 Article 3 of this Decree.

5. Heads of Coast Guard regiments have rights:

a) To impose a caution;

b) To fine up VND 30,000,000;

c) To confiscate material evidences and means used to commit administrative violations with value not exceeding the fine level specified at point b of this Clause;

d) To apply remedial measures specified at Point d and Point dd, Clause 1 Article 28 of the Law on handling of administrative violations and remedial measures specified at points a, b, c, d and dd Clause 3 Article 3 of this Decree.

6. Heads of Regional Coast Guard have rights:

a) To impose a caution;

b) To fine up VND 50,000,000;

c) To confiscate material evidences and means used to commit administrative violations with value not exceeding the fine level specified at point b of this Clause;

d) To apply remedial measures specified at Point d and Point dd, Clause 1 Article 28 of the Law on handling of administrative violations and remedial measures specified at points a, b, c, d and dd Clause 3 Article 3 of this Decree.

7. Heads of Coast Guard Departments have rights:

a) To impose a caution;

b) To fine up the maximum levels as prescribed in this Decree;

c) To deprive the right to use certificate of facility eligible for food safety for a defined time or suspend operation for a defined time;

d) To confiscate material evidences and means used to commit administrative violations;

dd) To apply remedial measures specified at Point d and Point dd, Clause 1 Article 28 of the Law on handling of administrative violations and remedial measures specified at points a, b, c, d and dd Clause 3 Article 3 of this Decree.

Article 37. The authority to sanction of other agencies and determination of the authority to sanction on food safety

1. Persons competent to sanction of agencies including:  Market management agencies, public security agencies (except for titles specified at Clause 4 of this Article), other specialized inspection agencies, customs offices, border guard, coast guard and other agencies competent to sanction as prescribed in the Law on handling of administrative violations shall have the authority to sanction administrative violations and apply remedial measures for acts specified in this Decree under the assigned fields and geographical areas and under their assigned functions and tasks.  

2. Chairpersons of People’s Committees at all levels shall have the authority to sanction administrative violations and apply remedial measures for acts specified in this Decree and within their management localities.

3. The specialized inspection agencies of: Health, Agriculture and Rural Development, Industry and Trade shall have the authority to sanction administrative violations and apply remedial measures for acts specified in this Decree and within their assigned management scope and tasks.

4. Policemen of commune-level, district-level, provincial police offices, Police posts, border-gate and processing and exporting zone police stations, heads of commune-level police offices, heads of border-gate and processing and exporting zone police stations, heads of district-level police offices, Directors of the provincial Public Security Department shall have the authority to sanction administrative violations and apply remedial measures for acts specified in this Decree in localities managed by them.

Bài viết liên quan