Chương 2 Luật bảo vệ và kiểm dịch thực vật 2013: Phòng, chống sinh vật gây hại thực vật

Chapter 2.

CONTROL AND PREVENTION OF HARMFUL PLANT ORGANISMS

Article 14. Requirements for the control and prevention of harmful plant organisms

1. Take proactive approaches to integrated pest management to control and prevent harmful organisms such as using plant varieties that are of high resistance to harmful organisms, field sanitation, planting schedule, fertilizer use, proper planting density and other eco-friendly methods in order to provide favorable conditions for the plant maturity and growth, and improve the resistance of plants, restrict and suppress the proliferation and population of harmful organisms, protect and multiply beneficial organisms.

2. Regularly monitor, early detect and apply preventive measures in a timely and effective manner, and control the spread of harmful organisms; realize the importance of the cultivation methods, biological, physical and mechanical controls as well as cultural practices from farmers. Proactively apply good agricultural practices (briefly called GAP) in the control and prevention of harmful plant organisms.

3. Only apply chemical controls if the application of pest controls mentioned in Clause 1 and Clause 2 of this Article can not reduce the density of harmful organisms, which pose the risk of damage to productivity and quality of plants.

4. Communicate, disseminate and thoroughly train pest control practices amongst farmers, ensure the safety for people, plants, animals and surroundings.

Article 15. Rights and obligations of plant owners

1. Plant owners have following rights:

a) Have access to the information, provided by agencies specializing in the plant protection and quarantine, concerning harmful organisms and their instructions on applying harmful organism controls and taking approach to continuing to obtain required standards for pest disinfected zones;

b) Attend the training classes to improve knowledge about the control and prevention of harmful organisms, which must conform to specific conditions at local areas;

c) Proactively apply pest controls that conform to the capability, conditions and comply with regulations specified in Article 14 of this Law;

d) Enter into the contract with organizations, individuals who are eligible to provide plant protection services and claim compensation for any mistake made by service providers as stipulated by laws;

dd) Receive subsidies granted by the Government as stipulated by laws.

2. Plant owners must fulfill following obligations:

a) Timely track and detect harmful organisms and apply proper pest controls in an effective and safe manner to prevent the spread of plant pests and diseases;

b) Promptly notify the People’s Committee of a hamlet or the nearest agency specializing in the plant protection and quarantine when nonindigenous pathogens or any harmful organisms that are likely to cause serious damage are detected;

c) Provide the information about plant pests and pathogens, and cooperate with and facilitate agencies specializing in the plant protection and quarantine to fulfill their tasks when required;

d) Tighten pest controls in the event of the outbreak of plant pests and diseases;

dd) Use pesticides in compliance with regulations specified in Clause 2 Article 72 of this Law;

e) Overcome the aftermath of plant pests and diseases or pay compensation for any incurred damage or loss as stipulated by laws due to failure to apply or improper application of pest controls.

Article 16. Responsibility assumed by agencies specializing in the plant protection and quarantine

1. Investigate and detect harmful organisms; determine the appearance, introduction, geographical distribution and impact of harmful organisms. Timely report relevant information about harmful organisms and provide instructions on controlling plant pests and pathogens.

2. Receive and process the information as well as recommend proper measures that should be applied to control and prevent harmful organisms reported by any plant owner, organization or individual.

3. Develop and maintain the system of plant pest surveillance, alert and pest controls; set up plant protection and quarantine database.

4. Transfer scientific and technological advances in the prevention and control of harmful organisms on plants.

5. Organize training courses to improve knowledge for pest control officers, technicians and manufacturers.

6. Consult with State management agencies to direct and organize the plant pest control; examine and verify relevant information about harmful organisms to propose the announcement of plant pests and diseases as well as the announcement of successful control of plant pests and diseases; submit the proposal for the allotment of pesticides which are stored for the national security purpose, propose policies on supporting the prevention and control of plant pests and diseases as well as the manufacturing restoration and development.

7. Assess and measure any loss or damage caused by plant pests and pathogens as well as recommend subsidy rates and remedial measures.

8. Provide information and instructions on pest controls; track, analyze and assess the efficiency of pest controls.

9. Deliver periodical or sudden reports on plant protection activities and outcomes in case of the outbreak of plant pests and diseases in localities to the directly managing agencies and superior agencies specializing in the plant protection and quarantine.

Article 17. Announcement of plant pests and diseases

1. Plant pests and diseases must be announced in case of:

a) The outbreak and spread of harmful organisms on a vast area as well as great damage to plants;

b) The detection of alien harmful organisms and regulated plant pests which can cause severe damage to plants;

c) The detection of the invasion of quarantine plant pests into the territory of Vietnam which pose the risk of spread.

2. Authority to announce plant pests and diseases is specified as follows:

a) The President of the provincial People’s Committee shall refer to requests of agricultural management agencies affiliated to the provincial People’s Committee to decide whether the information about current plant pests and diseases should be announced if that is the case mentioned at Point a Clause 1 of this Article, and the send an immediately report to the Minister of Agriculture and Rural Development;

b) The Minister of Agriculture and Rural Development shall refer to the request of centrally-governed agencies specializing in the plant protection and quarantine to make a decision on the announcement of plant pests and disease, if that is the case mentioned at Point a Clause 1 of this Article, when they pose the high risk of spread and cause severe damage in more than two provinces and if that is the case mentioned at Point b, Point c, Clause 1 of this Article, and must then submit a prompt report to the Prime Minister.

3. Specific regulations shall be enshrined in this Article by the Government.

Article 18. Combating plant pests and diseases

1. The Minister of Agriculture and Rural Development shall be responsible to:

a) Direct the President of the People’s Committee of the province impacted by plant pests and diseases to mobilize local resources to quickly apply proper measures to control, eradicate and prevent the spread of plant pests and diseases to other areas; check the announcement and preparation for the control of plant pests and diseases, made by the President of the People’s Committee of the province impacted by such plant pests and diseases;

b) Seek the Prime Minister’s decision to support pest control activities and then proceed to put this decision into practice;

c) Send a full report to the Prime Minister on the final outcome of pest controls and supportive policies which are aimed at combating and overcoming the aftermath of plant pests and diseases as well as restore production activities.

2. The President of the provincial People’s Committee shall be responsible to:

a) Direct agencies specializing in the plant protection and quarantine, relevant organizations and individuals in their province to immediately apply proper measures to control, eradicate and prevent plant pests and diseases to be infected to other areas;

b) Allow for and mobilize local resources for pest controls;

c) Direct the communication and dissemination of pest controls in their areas;

d) Enhance the inspection, examination and stabilization of agricultural material price during the prevention and control of plant pests and diseases;

dd) Follow policies on supporting the pest control, coping with the aftermath of plant pests and diseases, stabilizing people's lives and restoring production activities;

e) Advise the Minister of Agriculture and Rural Development to request the Prime Minister to approve financial, material and resource support if the pest control requires much more than what the local area under their authority can provide;

g) Send a complete report to the Minister of Agriculture and Rural Development on the outcome of pest control and the effectiveness of policies on supporting pest control and coping with the aftermath of plant pests and diseases, stabilizing human lives and restoring production activities.

3. The President of the People’s Committee of a district and hamlet shall be responsible to:

a) Mobilize local resources to apply relevant measures to prevent and control plant pests and diseases according to the direction from the President of the People’s Committee at superior administrative level;

b) Communicate and disseminate pest control practices likely to be applied in the affected areas;

c) Follow policies on supporting the pest control, coping with the aftermath of plant pests and diseases, stabilizing people's lives and restoring production activities in the affected areas;

d) Request the President of the People’s Committee at higher administrative level to approve the financial, material and resource support if the pest control requires much more than what their local areas can provide on their own;

dd) Send a complete report to the President of the People’s Committee at a higher administrative level regarding the outcome of pest control and the effectiveness of policies on supporting pest control, coping with the aftermath of plant pests and diseases, stabilizing human lives and restoring the production to its normal condition.

4. Agencies specializing in the plant protection and quarantine within their area of competence and jurisdiction shall be responsible to give advice to and instructions on pest controls, determine any damage and loss caused by plant pests and diseases, and track, compile and analyze data relating to the effectiveness of pest control as well as adhere to the reporting regime as stipulated in Clause 9 Article 16 of this Law.

5. Affected plant owner, organization and individual must strictly follow pest controls as required by the President of People’s Committee of a hamlet.

Article 19. Announcement of successful control of plant pests and diseases

When plant pests and diseases have been successfully controlled and reduced to no risk of severe damage, the authorized person who is eligible to make the announcement of plant pests and diseases as regulated in Clause 2 Article 17 of this Law can decide to announce the successful control of plant pests and diseases.

Article 20. Reserves and use of pesticides listed in the nomenclature of state-reserved commodities

1. Reserves of pesticides listed in the nomenclature of state-reserved commodities shall be regulated as follows:

a) The Minister of Agriculture and Rural Development must submit the report on the number and nomenclature of state-reserved pesticides to the Prime Minister to seek his decision;

b) Pesticides listed in the nomenclature of state-reserved commodities shall be managed and used under legal regulations on state reserve.

2. The use of pesticides listed in the nomenclature of state-reserved commodities shall be regulated as follows:

a) In the event of sudden and urgent needs, and with reference to the request of the President of the People’s Committee of the affected province, the Minister of Agriculture and Rural Development shall have the authority to allocate and dispense state-reserved pesticides to timely control and prevent plant pests and diseases, which is equivalent to that of the Minister of Finance to decide to spend on the state budget, stipulated by the State Budget Law and then report this to the Prime Minister, simultaneously notify the Ministry of Finance of such dispensation and allocation;

b) The President of the provincial People’s Committee must direct the receipt, storage and use of state-reserved pesticides with the aim of controlling plant pests and diseases in a timely and effective manner and for the right purpose, and report the final outcome of the use of state-reserved pesticides that have been dispensed to their local areas.

Article 21. Budget for the prevention and control of plant pests and diseases

1. The budget for the prevention and control of plant pests and diseases includes:

a) The State budget;

b) Plant owner’s expense;

c) Contributions and aids from domestic or foreign organizations, individuals, international organizations and other legal financial sources.

2. The Government shall regulate the mobilization, management and use of the budget for the prevention and control of plant pests and diseases.

Article 22. Contents of plant protection services

1. Investigate, forecast and provide information about harmful organisms on plants; give advice to plant owners to choose proper measures to be taken to prevent and control harmful organisms.

2. Apply appropriate measures for the control and prevention of harmful plant organisms, except for the measures or practices prescribed in Clause 2 Article 34 of this Law.

Article 23. Requirements for plant protection services

1. Organization and individual shall be entitled to provide plant protection services provided that they can satisfy the following requirements:

a) Any entity who directly supply plant protection services must achieve an associate degree or higher in agriculture, horticulture, plant protection, biology or a certificate of completion of training in the plant protection;

b) Relevant facilities and equipment required to provide plant protection services must be made available;

c) Contact address must be definite and lawful;

d) A written consent from the People’s Committee of the hamlet where these organizations, individuals are legally located must be present.

2. The Minister of Agriculture and Rural Development shall be responsible to provide detailed regulations enshrined in this Law.

Article 24. Rights and obligations of plant protection service providers

1. Plant protection service providers shall have the following rights:

a) Receive payments for their provision of plant protection services under the contract with plant owners;

b) Attend training courses to improve knowledge about the control and prevention of harmful organisms, depending on specific conditions at each locality;

c) Participate in information and communication programs for the prevention and control of harmful organisms on plants;

d) Exercise their right to lodge an appeal against the conclusion and decision of competent inspection and state management agencies under legal regulations on appeals.

2. Plant protection service providers must fulfill the following obligations:

a) Keep satisfying necessary requirements under regulations described in Article 23 of this Law in the course of providing plant protection services;

b) Comply with legal regulations on the plant protection and quarantine;

c) Observe legal regulations on contracts and laws on labor as well as other obligations;

d) Pay compensations under legal regulations.