Chương 3 Nghị định 91/2012/NĐ-CP: Thẩm quyền xử phạt vi phạm hành chính về an toàn thực phẩm

Chapter 3.

AUTHORITY TO IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS OF FOOD SAFETY

Article 33. Authority to impose penalties for administrative violations of food safety of the Presidents of People’s Committees at all levels

1. Presidents of People’s Committees of communes are entitled to:

a) Issue warnings;

b) Impose fined of up to 2,000,000 VND;

c) Confiscating the exhibits and instruments used for committing administrative violations that are valued at up to 2,000,000 VND;

d) Taking the remedial measures prescribed in Point a, b, d, and dd Clause 3 Article 3 of this Decree.

2. Presidents of People’s Committees of districts are entitled to:

a) Issue warnings;

b) Impose fined of up to 30,000,000 VND;

c) Confiscating the exhibits and instruments used for committing administrative violations;

d) Depriving the right to use the Certificate of fulfillment of food safety conditions; the Reception Note of Declaration of Conformity; the Certificate of the Declaration of Conformity with food safety condition; the Certificate of advertisement contents;

dd) Taking the remedial measures prescribed in Point a, b, d, and dd Clause 3 Article 3 of this Decree.

3. Presidents of People’s Committees of provinces are entitled to:

a) Issue warnings;

b) Impose fines of at the highest rate prescribed in this Decree;

c) Confiscating the exhibits and instruments used for committing administrative violations;

d) Depriving the right to use the Certificate of fulfillment of food safety conditions; the Reception Note of Declaration of Conformity; the Certificate of the Declaration of Conformity with food safety condition; the Certificate of advertisement contents;

dd) Taking the remedial measures prescribed in Clause 3 Article 3 of this Decree.

Article 34. Authority to impose penalties for administrative violations of food safety inspectors or persons appointed as specialized inspectors

1. Inspectors specialized in health, agriculture and rural development, industry and trade, and persons appointed as food safety inspectors are entitled to:

a) Issue warnings;

b) Impose fined of up to 500,000 VND;

c) Confiscating the exhibits and instruments used for committing administrative violations valued at up to 500,000 VND;

d) Taking the remedial measures prescribed in Point a, b, d, and dd Clause 3 Article 3 of this Decree.

2. The Chief Inspectors of Services of Health, Services of Agriculture and Rural development, Services of Industry and Trade, Heads of specialized State management agencies affiliated to Services of Health, Services of Agriculture and Rural development, Services of Industry and Trade appointed as specialized inspectors; Chiefs of the specialized Inspectorates affiliated to Services of Health, Services of Agriculture and Rural development, Services of Industry and Trade; Chiefs of the specialized Inspectorates of the State management agencies, specialized in health, agriculture and rural development, industry and trade, that are appointed to carry out the inspections, are entitled to:

a) Issue warnings;

b) Impose fined of up to 30,000,000 VND;

c) Confiscating the exhibits and instruments used for committing administrative violations;

d) Depriving the right to use the Certificate of fulfillment of food safety conditions; the Reception Note of Declaration of Conformity; the Certificate of the Declaration of Conformity with food safety condition; the Certificate of advertisement contents;

dd) Taking the remedial measures prescribed in Point a, b, d, and dd Clause 3 Article 3 of this Decree.

3. Chiefs of the ministerial specialized Inspectorates, affiliated to the Ministry of Health, the Ministry of Agriculture and Rural development, the Ministry of Industry and Trade, are entitled to:

a) Issue warnings;

b) Impose fined of up to 70,000,000 VND;

c) Confiscating the exhibits and instruments used for committing administrative violations;

d) Depriving the right to use the Certificate of fulfillment of food safety conditions; the Reception Note of Declaration of Conformity; the Certificate of the Declaration of Conformity with food safety condition; the Certificate of advertisement contents;

dd) Taking the remedial measures prescribed in Point a, b, d, and dd Clause 3 Article 3 of this Decree.

4. The Chief Inspectors of the Ministry of Health, the Ministry of Agriculture and Rural development, the Ministry of Industry and Trade, Heads of specialized State management agencies affiliated to the Ministry of Health, the Ministry of Agriculture and Rural development, the Ministry of Industry and Trade, appointed to carry out specialized inspections, are entitled to:

a) Issue warnings;

b) Impose fines of at the highest rate prescribed in this Decree;

c) Confiscating the exhibits and instruments used for committing administrative violations;

d) Depriving the right to use the Certificate of fulfillment of food safety conditions; the Reception Note of Declaration of Conformity; the Certificate of the Declaration of Conformity with food safety condition; the Certificate of advertisement contents;

dd) Taking the remedial measures prescribed in Point a, b, d, and dd Clause 3 Article 3 of this Decree.

Article 35. Authority to impose penalties for administrative violations of the Market management agency

1. Officials of the market management agency are entitled to:

a) Issue warnings;

b) Impose fined of up to 200,000 VND;

2. The Leaders of Market Management Teams are entitled to:

a) Issue warnings;

b) Impose fined of up to 5,000,000 VND;

c) Confiscating the exhibits and instruments used for committing administrative violations valued at up to 25,000,000 VND;

d) Enforcing the destruction of products harmful to human health, animals, and plants;

dd) Taking the remedial measures prescribed in Chapter II of this Decree.

3. The Directors of the Sub-departments of Market Management Teams are entitled to:

a) Issue warnings;

b) Impose fined of up to 20,000,000 VND;

c) Confiscating the exhibits and instruments used for committing administrative violations;

d) Depriving the right to use the Certificate of fulfillment of food safety conditions; the Reception Note of Declaration of Conformity; the Certificate of the Declaration of Conformity with food safety condition; the Certificate of advertisement contents;

dd) Enforcing the destruction of products harmful to human health, animals, and plants;

e) Taking the remedial measures prescribed in Chapter II of this Decree.

4. The Directors of the Departments of Market Management Teams are entitled to:

a) Issue warnings;

b) Impose fines of at the highest rate prescribed in this Decree;

c) Confiscating the exhibits and instruments used for committing administrative violations;

d) Depriving the right to use the Certificate of fulfillment of food safety conditions; the Reception Note of Declaration of Conformity; the Certificate of the Declaration of Conformity with food safety condition; the Certificate of advertisement contents;

dd) Taking the remedial measures prescribed in Point a, b, and d Clause 3 Article 3 of this Decree.

Article 36. Authority to impose penalties for administrative violations of other agencies

The Police, the Border guard, the Coastguard, the Customs, the tax authority, and persons competent to impose administrative penalties of other agencies according to the Ordinance on Handling administrative violations are entitled to impose administrative penalties when discovering the administrative violations of food safety according to the Ordinance on Handling administrative violations and this Decree.

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