Chương 1 Luật bảo vệ và kiểm dịch thực vật 2013: Những quy định chung

Chapter 1.

GENERAL PROVISIONS

Article 1. Governing scope

This Law is enshrined by the regulations on the plant protection against harmful pests, pathogens and diseases, plant phytosanitation and pesticide management.

Article 2. Applicable entities

This Law is applied to both domestic and foreign organization and/or individual involved in plant protection and quarantine activities in Vietnam.

Article 3. Definition of terms

In this Law, terms shall be construed as follows:

1. Plant means plants and plant products.

2. Plant protection means the control and prevention of plant pests, pathogens and diseases.

3. Plant quarantine means the exclusion, detection and control of quarantine plant pests, regulated plant pests and alien harmful organisms.

4. Plant owner means organization or individual who has the ownership and use right or direct management of plants.

5. Beneficial organism means organisms that bring about directly or indirectly helpful effects on plants, including microorganisms, insects, animals and others.

6. Harmful organism means organisms that can cause directly or indirectly harmful effects on plants, including pathogenic microorganisms, plant pests, noxious weeds and others.

7. Alien harmful organism means harmful organisms that have yet to be given scientific names and found in Vietnam.

8. Quarantine plant pest means harmful organisms that can cause severe damage to plants, are absent or of limited distribution throughout Vietnam and must be strictly controlled.

9. Regulated plant pest means harmful organisms other than quarantine plant pests of which their presence on living plant parts that serve the breeding purposes can cause serious damage to the economy, which must be subject to control measures in Vietnam.

10. Plant quarantine article means plants and facilities or equipment serving the storage and transportation purpose or other articles which are likely to harbour or spread quarantine plant pests.

11. Owner of plant quarantine articles means organization, individual who has the ownership, use right or direct transportation and management of plant quarantine articles.

12. Pest risk analysis means the process of biological assessment, scientific and economic rationales for the decision to apply plant phytosanitary measures against a single harmful organism.

13. Harmful organism disinfected zone means the area where there exist scientific evidence to prove the absence of a specific harmful organism and conditions under which the absence of such a harmful organism is insured.

14. Examination of plant quarantine articles means the observation, sampling and testing of plant quarantine articles which serve as an indicator to assess the infection of harmful organisms or compliance with regulations on the plant quarantine.

15. Treatment of plant quarantine articles means the application of proper phytosanitary measures to prevent or eradicate quarantine plant pests, regulated plant pests as well as alien harmful organisms.

16. Pesticide means the substance or any mixture of substances or the microbiological agent which is meant for preventing, inhibiting, repelling, seducing, destroying or mitigating the harmful impact of plant pests, pathogens and diseases; regulating or controlling the growth of plants or insects; serving the purpose of plant storage; increasing the safety and efficacy for the use of various plant protection products.

17. Pesticide consisting of technical materials (hereinafter referred to as technical materials) means a kind of plant protection products which contain a small amount of active ingredients and achieve required quality standards as well as are used for the manufacturing of pesticide products.

18. Pesticide active ingredient means the substance or any biologically efficacious ingredient of pesticides.

19. Finished pesticide product (hereinafter referred to as finished pesticide) means the product made from technical materials, solvents and additives and manufactured through a specific technology process, which must conform to national technical regulations, must have registered labels and obtain permission to be commonly used.

20. Biological pesticide means the product consisting of active ingredients, which are of biological activity of living microorganisms or any substance derived from microorganisms, plants or animals.

21. Pesticide production is composed of the manufacturing of active ingredients, technical materials, finished pesticides and the packaging of pesticide products.

22. Quarantine duration means the minimum period ranging from the last utilization of pesticides to the harvest of plant products or the minimum period from the last utilization of pesticides in the process of plant product storage to the launch of products.

Article 4. Rules of the plant protection and quarantine

1. Conduct early detection, draw immediate and accurate conclusion; timely eradicate and inhibit the invasion and spread of quarantine plant pests, regulated plant pests and alien harmful organisms.

2. Prevent and control harmful organisms in which the preventive measure is given a top priority; apply integrated pest controls associated with sustainable developmental orientation in which biological controls, use of plant varieties that are of harmful organism resistance, cultivation techniques and good agricultural practices are prioritized.

3. Observe the 4-right rules for the utilization of pesticides, including right product, right time, right dose and concentration, and right method; adhere to regulated quarantine duration; ensure the efficacy of pesticides and safety for people, food safety and mitigate environmental pollution and ecological protection.

4. Apply scientific and technological advances as well as combine modern scientific and technological concepts with traditional and cultural practices learn from people.

Article 5. Government policies on the plant protection and quarantine

1. Invest in human resource development projects; construct and upgrade technical facilities and infrastructural systems for plant protection and quarantine authorities; perform the construction and development of information, forecast and alert system for harmful organisms; conduct scientific researches and apply technological advances in the manufacturing of biological pesticides or plant protection products with low level of toxicity, plant varieties with resistance to harmful organisms as well as take control measures against harmful organisms in a sustainable manner.

2. Assist in setting up harmful organism disinfected zone; work on the construction and development of various types of plant protection services associated with technical agriculture services in a professional manner for the purpose of agricultural commodity production on a large scale; take action to control plant pests and pathogens, maintain the stability for human lives as well as restore the production after plant pests or pathogens cause considerable damage or losses in a vast area.

3. Provide the incentive for the construction of industrial zones specializing in the manufacturing, collection and treatment of pesticides and used pesticide packs or containers; manufacture and use pesticide packs or containers made from easily recycled materials; organize training courses and sessions to discuss the safe and effective use of pesticides.

4. Enhance the international cooperation, allow for sufficient resources to fulfill international commitments on the plant protection and quarantine; promote the mutual recognition in the plant protection and quarantine.

Article 6. Information and communication on the plant protection and quarantine

1. The information and communication on the plant protection and quarantine are aimed at providing knowledge about harmful organisms on plants, preventive and control measures as well as legal regulations and policies on the plant protection and quarantine. Contents of information and communication on plant protection and quarantine must be accurate, on time and understandable.

2. Information and communication on the plant protection and quarantine shall be carried out through and/or by:

a) Websites managed by Ministries, ministry-level and Governmental bodies, local authorities and means of mass media;

b) Journals, magazines and flyers;

c) Exhibitions, workshops and training courses;

d) Forums that must be held to openly discuss policies and laws, and exchange information and experience about the plant protection and quarantine;

dd) Other proper approaches.

3. Responsibilities of regulatory agencies for the information and communication on plant protection and quarantine are specified as follows:

a) The Ministry of Agriculture and Rural Development must direct and provide accurate and timely information about the plant protection and quarantine;

b) The Ministry of Information and Communications must direct and provide guidance on the information and communication on the plant protection and quarantine;

c) Ministries, ministerial-level agencies, Governmental bodies, People’s Committees at all administrative levels within their area of competence and jurisdiction must conduct information and communication activities for the plant protection and quarantine.

4. Organization, individual participating in the information and communication on the plant protection and quarantine must comply with provisions set out in this Law and other relevant regulations.

Article 7. Responsibilities of the Government and Ministries

1. The Government must ensure the consistency in the state management of the plant protection and quarantine activities that occur across the country.

2. The Ministry of Agriculture and Rural Development must bear full accountability to the Government for performing their state management over the plant protection and quarantine activities as specified below:

a) Issue within their area of competence or request competent authorities to issue and implement policies, legislative documents, technical regulations and standards for the plant protection and quarantine;

b) Build up and direct the implementation of strategy, planning and proposal for the plant protection and quarantine;

c) Carry out the detection, forecast and warning activities against harmful organisms on plants; set up the information system and database of the plant protection and quarantine; direct the prevention and control against plant pests and pathogens;

d) Conduct the plant quarantine activities such as pest risk analyses and plant quarantine activities for the importation, temporary importation and reexportation, temporary exportation and reimportation, inter-border movement and bonded warehousing (hereinafter referred to as importation), exportation, temporary exportation and reexportation (hereinafter referred to as exportation), transit, post entry quarantine, domestic quarantine and treatment of plant quarantine articles;

dd) Carry out the pesticide management including the registration, testing, manufacturing, trading, importation, exportation, transportation, storage, advertisement, packaging, labeling, utilization, revocation, destruction, collection and treatment of pesticides and pesticide packs or containers after use;

e) Stipulate instructional and training contents towards the use of pesticides and issue the practicing certificate for the treatment of plant quarantine articles;

g) Manage and provide instructions for the issuance, reissuance, renewal or replacement and revocation of licenses and certificates in the sector of plant protection and quarantine;

h) Organize initial surveys, scientific researches and training courses on the plant protection and quarantine;

i) Communicate, disseminate and provide education about laws and knowledge relating to the plant protection and quarantine;

k) Make a statistical report on the plant protection and quarantine;

l) Cooperate with foreign partners in the plant protection and quarantine, and put forward a proposal for the conclusion and accession of international treaties and agreements upon the plant protection and quarantine;

m) Inspect, examine and settle complaints, denunciations and any violation against laws on the plant protection and quarantine under their jurisdiction.

3. Ministries, who are eligible to carry out the state management over the plant protection and quarantine within their jurisdiction, shall have the following responsibilities:

a) The Ministry of Health in association with the Ministry of Agriculture and Rural Development shall regulate the preventive and control measures to mitigate any risk of food safety probably caused by the improper use of pesticides during the manufacturing process of agricultural products;

b) The Ministry of Industry and Trade shall lead the inhibition and control against trafficking, counterfeiting and fraudulent trading of pesticides and plants; cooperate with the Ministry of Agriculture and Rural Development to manage the production, trading, exportation and importation of pesticides and plant quarantine articles;

c) The Ministry of Science and Technology shall cooperate with the Ministry of Agriculture and Rural Development to set up and make a decision to conduct scientific researches and technology development projects in the sector of the plant protection and quarantine;

d) The Ministry of Natural Resources and Environment shall provide directions on destroying pesticides and dispose of used pesticide packs or containers; cooperate with the Ministry of Agriculture and Rural Development to issue or request competent agencies to issue regulations on biodiversity conservation regarding the plant protection, quarantine and pesticide management; work with relevant entities to provide instructions for the collection of used pesticide packs or containers;

dd) The Ministry of Finance shall direct and cooperate with the Ministry of Agriculture and Rural Development to carry out the enforcement of regulations on requirements for the completion of customs procedures, the cooperation of customs authority with agencies specializing in the plant protection and quarantine to adhere to required customs procedures, examination and surveillance over plant quarantine articles and pesticides for importation and exportation; stipulate plant quarantine contents that must be clearly stated in the declaration of incoming or outgoing passengers;

e) The Ministry of National Defense and the Ministry of Public Security shall direct and cooperate with the Ministry of Agriculture and Rural Development to carry out the enforcement of regulations on plant protection and quarantine with the aim of national defence and security maintenance.

Article 8. Responsibilities of People’s Committees at all administrative levels

1. The People’s Committee of centrally-affiliated cities and provinces (hereinafter referred to as provincial People’s Committee) and the People’s Committee of a provincial or municipal district, district-level town and provincial city (hereinafter referred to as district-level People’s Committee) shall be responsible to:

a) Issue within their area of competence or request competent authorities to promulgate legislative documents on the plant protection and quarantine; design and implement the planning for harmful organism disinfected zones in their areas;

b) Decide to distribute, manage and use the budget or mobilize local resources under legal regulations on the inhibition and control against harmful organisms on plants;

c) Direct and get ready for the control of plant pests and pathogens as well as take relevant measures to protect production activities in case the outbreak of pests or diseases occurs; make a statistical and assessment report on any damage or losses due to plant pests or diseases throughout the areas under their jurisdiction; adopt supportive policies on stabilizing human lives and restoring the production;

d) Organize training courses on the plant protection and quarantine activities, and pesticides; communication, dissemination and education activities for the purpose of raising awareness about the importance of the law on plant protection and quarantine and the crucial role of plant owners in preventing and controlling harmful organisms as well as the responsibility of pesticide users for the community and environment;

dd) Provincial People’s Committees must allocate the budget and direct district-level People’s Committees to collect and dispose of pesticide packs or containers after use as well as destroy unclaimed pesticides throughout the areas under their jurisdiction;

e) Inspect, examine and settle complaints, denunciations and any violation against laws on the plant protection and quarantine within their area of competence.

2. People’s Committees of a hamlet, ward or town (hereinafter referred to as People’s Committees of a hamlet) shall be responsible to:

a) Organize communication, dissemination and education activities to raise awareness about the compliance with the law on the plant protection and quarantine; plant owner’s awareness and responsibility for the prevention and control of harmful organisms; and pesticide’s awareness and responsibility for the community and environment;

b) Determine the landfill site and organize human forces or give guidance on the collection of used pesticide packs or containers;

c) Cooperate with local agencies specializing in the plant protection and quarantine to investigate, monitor and manage plant pests and pathogens for production protection; guide people to use pesticides in a safe and effective manner; examine and manage plant protection services, pesticide trading and utilization throughout the areas under their jurisdiction;

d) Make all necessary arrangements for the plant protection and quarantine; control plant pests and diseases, prepare statistical and assessment report on any damage or losses due to plant pests and diseases; develop policies on supporting farmers in the inhibition against plant pests and diseases; apply protective measures for the production in case of the outbreak of plant pests and diseases in order to mitigate any damage, stabilize human lives and restore production;

dd) Inspect and settle complaints, denunciations and any violation against laws on the plant protection and quarantine under their jurisdiction.

Article 9. System of agencies specializing in the plant protection and quarantine

This system is decentralized from central to district administrative levels.

The Government shall govern how agencies specializing in the plant protection and quarantine are organized.

Article 10. Role of socio-political bodies, socio-occupational political institutions, social organizations and socio-occupational units

Socio-political bodies, socio-occupational political institutions, social organizations and socio-occupational units are entitled to give their constructive advice on legislative documents concerning the plant protection and quarantine; communicate and disseminate legal knowledge about the plant protection and quarantine in order to raise people’s awareness about the inhibition against harmful organisms, plant quarantine and pesticide utilization.

Article 11. International cooperation in the plant protection and quarantine

1. International cooperation in the plant protection and quarantine must put much concentration on scientific researches, technology transfers, technical training courses, experience swaps and information exchanges for the inhibition against harmful organisms, plant quarantine and pesticides.

2. Centrally-governed agencies specializing in the plant protection and quarantine shall act as a focal point in international cooperations for the exchange of information about the plant protection and quarantine, and pesticides.

Article 12. Fees and charges for the plant protection and quarantine

Organization, individual involved in or benefited from the plant protection and quarantine activities must pay fees and/or charges in accordance with legal regulations on fees and charges.

Article 13. Prohibited acts

1. Apply plant protection and quarantine measures in breach of provisions set out in this Law.

2. Fail to apply proper preventive measures or intentionally apply improper preventive measures against plant pests or diseases.

3. Import, manufacture, transport, keep or trade any plant infected with harmful organisms or use untreated plant varieties infected with harmful organisms listed in the nomenclature of quarantine plant pests and regulated plant pests.

4. Spread harmful organisms.

5. Import soils and harmful organisms into Vietnam, raise and breed harmful organisms, except for the case in which there is a written consent from the Minister of Agriculture and Rural Development.

6. Manufacture, import, trade and use pesticides listed in the nomenclature of prohibited pesticides in Vietnam; counterfeited, unknown and expired pesticides; pesticides that are not specified in the nomenclature of permitted pesticides in Vietnam, except for the case stipulated in Clause 2 Article 67 of this Law.

7. Advertise pesticides listed in the nomenclature of prohibited pesticides in Vietnam; pesticides that are not specified in the nomenclature of permitted pesticides in Vietnam, or advertise pesticides with the information in contrast to the contents specified in the Certificate of Pesticide Registration.

8. Manufacture, trade, use, store, transport, dump, collect and dispose of pesticides and pesticide packs or containers, which is in breach of this Law.