Chương 3 Luật bảo vệ và kiểm dịch thực vật 2013: Kiểm dịch thực vật

Chapter 3.

PLANT QUARANTINE

Article 25. Regulations on the plant quarantine

1. The plant quarantine must be performed for imported and exported plant quarantine articles or those in transit and it also involves the quarantine practices on domestic plants in accordance with this Law, except for any exemption and relief of the plant quarantine stipulated by the Minister of Agriculture and Rural Development.

2. In each period, the Minister of Agriculture and Rural Development shall issue the following nomenclatures:

a) Nomenclature of plant quarantine articles;

b) Nomenclature of plant quarantine articles subject to the pest risk analysis before being imported into Vietnam;

c) Nomenclature of quarantine plant pests;

d) Nomenclature of regulated plant pests.

Article 26. Requirements for plant quarantine articles to be imported

1. Those listed in the nomenclature of plant quarantine articles must meet the requirements below before being imported:

a) Obtain the phytosanitary certificate issued by competent plant quarantine agencies located in exporting countries;

b) Confirm that none of harmful organisms in the nomenclature regulated at Point c and Point d Clause 2 Article 25 of this Law or alien harmful organisms is present;

c) Package of imported plant quarantine articles must be treated under Vietnam’s national technical regulations.

2. Articles listed in the nomenclature of plant quarantine articles which are subject to the pest risk analysis before being imported into Vietnam in accordance with regulations specified in Clause 4 Article 27 of this Law shall be allowed for importation if they can meet the following requirements:

a) Obtain the phytosanitary certificate issued by agencies specializing in the plant protection and quarantine at a central level in Vietnam;

b) Satisfy requirements regulated in Clause 1 of this Article.

Article 27. Pest risk analysis

1. Plant quarantine articles mentioned in the nomenclature of plant quarantine articles subject to pest risk analyses before being imported into Vietnam must undergo pest risk analyses.

2. Centrally-governed agencies specializing in the plant protection and quarantine in Vietnam take responsibility to perform the pest risk analysis on the basis of the information provided by the competent plant quarantine organization based in the exporting country as well as other available information.

3. Based on the result of plant pest analysis, centrally-governed agencies specializing in the plant protection and quarantine in Vietnam shall or shall not allow the importation of plant quarantine articles and must send a written notification to the competent plant protection organization based in the exporting country as well as related organization or individual.

4. The Minister of Agriculture and Rural Development shall regulate the information content required to be provided for the pest risk analysis; processes and contents of the pest risk analysis.

Article 28. Application and procedures for the issuance of the phytosanitary certificate for imported plants

1. Supportive documents for the application for the issuance of the phytosanitary certificate for imported plants must include:

a) A letter of request for the issuance of the phytosanitary certificate for imported plants;

b) A commercial contract;

c) A copy of the applicant’s Certificate of Business Registration.

2. Procedural steps in applying for the issuance of the phytosanitary certificate for imported plants are regulated as follows:

a) Organization, individual must submit their application for the phytosanitary certificate for their imported plants to centrally-governed agencies specializing in the plant protection and quarantine;

b) Within a period of 15 days from the date on which valid application documents are fully provided, centrally-governed agencies specializing in the plant protection and quarantine shall consider and issue the phytosanitary certificate for imported plants. Otherwise, they must make a written response in which reasons for the refusal of applicant’s requests must be clearly specified.

Article 29. Plant quarantine for the purpose of importation

1. Before being allowed to import plant quarantine articles, plant owners must follow procedures for the plant quarantine. Location where the plant quarantine is carried out is the first border checkpoint or anywhere through which these articles enter into Vietnam. In some special cases, the plant quarantine shall be performed in other locations where quarantine conditions are satisfactory, which depends on the decision made by centrally-governed agencies specializing in the plant protection and quarantine.

2. As for articles that are of high risk of infecting quarantine plant pests into Vietnam, the Minister of Agriculture and Rural Development shall regulate the bordergate through which they are imported into Vietnam.

3. Plant quarantine articles that are carried along with hand luggage or loaded on means of conveyance must be declared and inspected according to regulations enforced by the Minister of Agriculture and Rural Development.

4. Plant quarantine articles shall be granted the customs clearance only after required procedures for imported plant quarantine have been completed.

5. All procedures and processes for the plant quarantine must be gone through as prescribed in Article 33 of this Law.

Article 30. Plant quarantine after importation

1. Plant varieties that have not yet listed in the nomenclature of licensed plant varieties in Vietnam according to legal regulations on plant varieties and beneficial organisms used in plant protection products are legally imported provided that they comply with regulations described in Article 26 of this Law, which will be then subject to the plant quarantine after importation at the quarantine zone for the plant quarantine.

2. Plant varieties prescribed in Clause 1 of this Article shall be only planted outside the quarantine zone after agencies specializing in the plant protection and quarantine have come to conclusion that they are not infected with harmful organisms listed in the nomenclature regulated at Point c and Point d Clause 2 Article 25 of this Law or any alien harmful organisms.

3. Beneficial organisms shall be only bred and used after agencies specializing in the plant protection and quarantine come to conclusion that they have successfully met required standards for the plant quarantine that have been carried out at the quarantine zone.

4. The Minister of Agriculture and Rural Development shall provide detailed instructions on the number of plant variety samples and beneficial organisms allowed to be imported in accordance with regulations of this Law; facilities and conditions of quarantine zones; processes, procedures and contents of plant quarantine carried out at these quarantine zones.

Article 31. Plant quarantine for the purpose of exportation

1. Articles listed in the nomenclature of plant quarantine articles before being exported must undergo the plant quarantine and must apply for the issuance of the phytosanitary certificate.

2. Centrally-governed agencies specializing in the plant protection and quarantine must carry out the plant quarantine and issue the phytosanitary certificate as stipulated by Vietnam laws and required by importing countries.

3. Procedures and processes for the plant quarantine for the purpose of exportation must comply with regulations specified in Article 33 of this Law. If plant quarantine articles have successfully passed the phytosanitation measures at manufacturing facilities or origin places or storage located deep inside the domestic area, the phytosanitary certificate must be present at the final bordergate for exportation.

Article 32. In-transit plant quarantine

1. Plant quarantine articles in transit in Vietnam must be permitted by and satisfactorily takes the phytosanitary measures at the first border checkpoint where these articles enter into Vietnam.

2. Procedures and processes for the phytosanitary measures for in-transit plants must adhere to Article 33 of this Law.

Article 33. Processes and procedures for applying for the phytosanitation of imported, exported and in-transit plants and issuance of the phytosanitary certificate

1. Registration of the plant phytosanitation shall be regulated as follows:

a) Organization, individual before having their plant quarantine articles imported or in transit must register and submit their valid documentation to centrally-governed agencies specializing in the plant protection and quarantine for the plant phytosanitation;

b) Organization, individual before having their plant quarantine articles exported must register and submit their valid documentation to the nearest agency specializing in the plant protection and quarantine for the plant phytosanitation.

2. The phytosanitation of plant quarantine articles and issuance of the phytosanitary certificate shall be regulated as follows:

a) Within 01 working day from the date on which full valid documentation is received, the agency specializing in the plant protection and quarantine must make their decision and notify the location and time for the phytosanitation measures to owners of plant quarantine articles;

b) Within 24 hours from the start of the phytosanitation test, when realizing that requirements for the plant phytosanitation have been satisfied, the agency specializing in the plant protection and quarantine must issue the phytosanitary certificate.

If the procedures take more than 24 hours due to technical requirements or the issuance of the phytosanitary certificate is refused, the agency specializing in the plant protection and quarantine must send a written notification or response and clarify the reasons for this refusal to owners of plant quarantine articles.

3. The Minister of Agriculture and Rural Development shall provide detailed regulations enshrined in this Article.

Article 34. Treatment and processing of imported, exported or in-transit plant quarantine articles

1. Plant quarantine articles must be treated in case hereof:

a) Be infected with quarantine plant pests stipulated by Vietnam's laws, regulated plant pests or alien harmful organisms; Pose a high risk of carrying quarantine plant pests as prescribed in Vietnam’s laws;

b) Be subject to the treatment measures to fulfill requirements set out in the regulation on the plant quarantine by importing countries;

c) Unclaimed or unidentified articles or those which are of unknown origin.

2. Treatment methods are composed of vapor steam cleaning, temperature treatment, hot air and vapor heat treatment, irradiation, reexportation, destruction, export suspension, export and import prohibition as well as others.

3. The centrally-governed agency specializing in the plant protection and quarantine shall decide which treatment measures must be properly applied according to the regulations set out in Clause 2 of this Law, except for those stipulated by Article 35 of this Law.

4. Cost and expense incurred by the treatment of plant quarantine articles as stipulated at Point a and Point b Clause 1 of this Article shall be covered by owners of such articles; as regards those regulated at Point c Clause 1 of this Article, the cost and expense incurred shall be secured by the state budget.

5. The Minister of Agriculture and Rural Development shall provide detailed regulations enshrined in this Article.

Article 35. Suspension and prohibition of plant quarantine articles for exportation and importation

1. The exportation and importation of plant quarantine articles shall be suspended or banned in case hereof:

a) Imported articles are determined to have a high risk of carrying quarantine plant pests which can cause them to be introduced and spread, and pose a threat to domestic agriculture and national food security as well as result in severe damage to Vietnam's exportation;

b) Exported articles do not satisfy required standards for the plant quarantine set out by the importing country and can threaten Vietnam's exporting market.

2. If risks or threats specified in Clause 1 of this Article have been already managed, the importation and exportation of such articles shall be resumed.

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

Article 36. Treatment practice of plant quarantine articles

1. The treatment of quarantine plant articles must be performed by the organization that holds the practicing certificate of plant quarantine articles.

2. Treatment practices of plant quarantine articles must include:

a) Vapor steam cleaning;

b) Temperature treatment;

c) Hot air and vapor heat treatment;

d) Irradiation;

dd) Other techniques.

Article 37. Requirements for the certification of the practicing treatment of plant quarantine articles

The organization that is eligible for the certification of the practicing treatment of plant quarantine articles must satisfy the following requirements:

1. In terms of material and technical conditions:

a) Build a treatment site of plant quarantine articles, workshop, facilities, warehouse of equipment and appliances which conform to the practicing capability;

b) Prepare a sufficient amount of devices and technical processes;

c) Ensure fire prevention and fighting, and environment protection in compliance with legal regulations.

2. In terms of human resource:

a) The direct manager, who is directly manage the treatment practices of plant quarantine articles, must achieve a bachelor’s degree at least and show his/her good health;

b) The employee, who is directly responsible for the treatment of plant quarantine articles, must be trained and his/her expertise and skills in the treatment of plant quarantine articles must be tested by the centrally-governed agency specializing in the plant protection and quarantine before the issuance of the practicing certificate; good health is obligatory as stipulated by laws.

3. The Minister of Agriculture and Rural Development shall provide detailed regulations enshrined in this Article.

Article 38. Application, procedure and authority for the certification of the treatment practice of plant quarantine articles

1. Application documents for the certification of the treatment practice of plant quarantine articles must include:

a) An application letter;

b) A copy of the applicant’s Certificate of Business Registration;

c) A demonstration of technical facilities and human resource to prove that the applicant is qualified for the treatment practice of plant quarantine articles as prescribed in Article 37 of this Law;

d) A certificate of competence and health certificate in conformity with regulations set out in Article 37 of this Law;

dd) A set of documents to prove satisfactory standards for fire prevention and fighting, and environment protection in compliance with legal regulations.

2. Procedure and application for the issuance of the practicing certificate of the treatment of plant quarantine articles shall be regulated as follows:

a) Any organization who wishes to provide the treatment service of quarantine plant articles must submit their documents to apply for the practicing certificate of plant quarantine articles to the centrally-governed agency specializing in the plant protection and quarantine;

b) Within a period of 15 days from the date on which valid application documents are fully provided, the centrally-governed agency specializing in the plant protection and quarantine must carry out the inspection on their conditions for service provision; if required conditions have been fully provided, the practicing certificate of the treatment of plant quarantine articles must be issued; otherwise, written response must be sent in which clear reasons for this refusal must be stated as well.

Article 39. Application document and procedure the certification of the treatment practice of plant quarantine articles

1. The renewal of the practicing certificate of the treatment of plant quarantine articles shall be permitted in the following cases:

a) Loss, error or damage;

b) A change to the scope and scale of work and any other information regarding the certificate holder;

c) The certificate is expired under the regulations specified in Article 40 of this Law.

2. Application documents for the reissuance of the practicing certificate of the treatment of plant quarantine articles must include:

a) An application letter;

b) The old practicing certificate of the treatment of plant quarantine articles, except for the loss;

c) A certificate of competence held by the direct manager; a certificate of completion of the training in the treatment of plant quarantine articles or the practicing certificate card held by the employee who are directly responsible for the treatment practice as stipulated in Article 37 of this Law;

d) A health certificate of the direct manager and the employees who are directly responsible for the treatment practice of plant quarantine articles;

dd) Technical manuals and instructions; list of equipment and devices available at the applying time;

e) A proof of fulfillment of requirements for fire prevention and fighting, and environment protection as prescribed in legal regulations.

3. Procedural steps in applying for the reissuance of the certificate of the treatment practice of plant quarantine articles shall adhere to regulations set out in Clause 2 Article 38 of this Law.

Article 40. Validity of the practicing certificate of the treatment of plant quarantine articles

1. The practicing certificate of the treatment of plant quarantine articles shall be valid within 05 years.

2. Before 03 months till the date on which the practicing certificate of the treatment of plant quarantine articles is expired, the practicing organization must submit their documents to competent certification agencies if they wish to get their certificate renewed.

Article 41. Revocation of the practicing certificate of the treatment of plant quarantine articles

1. The practicing certificate of the treatment of plant quarantine articles shall be revoked in the following cases:

a) It is deliberately erased or modified;

b) The practicing organization has committed law-breaking acts and has been liable for fines for administrative violations at the frequency of more than 3 times a year or for any violations in the field of plant protection and quarantine at the same frequency thereof;

c) The practicing organization has committed any other violations that cause their practicing certificate of the treatment of plant quarantine articles to be revoked as stipulated by laws.

2. The centrally-governed agency specializing in the plant protection and quarantine has the authority to revoke the practicing certificate of the treatment of plant quarantine articles.

Article 42. Rights and obligations of the practicing organization of the treatment of plant quarantine articles

1. The practicing organization of the treatment of plant quarantine articles has the rights as follows:

a) Conclude and enter into the contract with the owner of plant quarantine articles according to legal regulations;

b) Grant the certificate of completed treatment of plant quarantine articles;

c) Recommend technical measures for the treatment of plant quarantine articles to the agency specializing in the plant protection and quarantine;

d) Lodge an appeal against the conclusion and decision of competent inspection and state management agencies within their area of competence.

2. The practicing organization of the treatment of plant quarantine articles must secure the following obligations:

a) Deliver their services only after achieving the practicing certificate of the treatment of plant quarantine articles issued by the competent certification agency and ensure requirements specified in Article 37 of this Law to be consecutively fulfilled during their operation;

b) Provide the registered services as specified in the practicing certificate of the treatment of plant quarantine articles;

c) Carry out the treatment under the direction and supervision of the agency specializing in the plant protection and quarantine if the articles to be treated are infected with quarantine plant pests, regulated plant pests and alien harmful organisms;

d) Ensure no adverse impact on the quality of plant quarantine articles to be treated as well as human health;

dd) Bear responsibility for the result of the treatment of plant quarantine articles;

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

g) Send the annual report on the treatment of plant quarantine articles to the competent certification agency of the treatment of plant quarantine articles.

Article 43. Domestic plant quarantine

1. Upon transporting an article from the zone infected with quarantine plant pests to other areas, the owner of plant quarantine articles must inform the nearest agency specializing in the plant protection and quarantine to carry out the phytosanitation and obtain the phytosanitary certificate.

2. The article, which is infected with quarantine plant pests and already treated, must be inspected and monitored when being used at the locality.

3. Agriculture and forestry products stored in the warehouse, imported plant varieties and those that have been newly cultivated at the locality must be subject to the monitoring of harmful organisms.

4. Imported beneficial organisms in use must be tracked and assessed in order to timely detect and take immediate action against any possible harmful impact.

5. Harmful organism disinfected zone must be regularly monitored to sustain satisfactory conditions for the ongoing use.

6. The Minister of Agriculture and Rural Development shall provide detailed regulations enshrined in this Article.

Article 44. Responsibility assumed by agencies specializing in the plant protection and quarantine for the plant phytosanitation

1. Perform the phytosanitation of imported and exported plants.

2. Carry out the phytosanitation of domestic plants.

3. Conduct the phytosanitation of imported plants at the plant quarantine zone.

4. Monitor imported, exported, in-transit plant quarantine articles and those that are moved to the bonded warehouse.

5. Decide which pest control shall be applied; monitor and confirm the application of pest controls over plant quarantine articles for the export and import purposes.

6. Manage all activities relating to the treatment of plant quarantine articles.

7. Adopt and provide instructions on phytosanitary measures.

8. Carry out activities relating to the treatment of plant quarantine articles which are unclaimed and unidentified to be introduced into Vietnam.

9. Appoint the practicing organization specializing in the treatment of plant quarantine articles if the articles to be treated are infected with quarantine plant pests, regulated plant pests or alien harmful organisms; request the owner of such articles to be responsible for the treatment and pay any expenses incurred.

10. Cooperate with competent agencies specializing in the phytosanitation of plants coming from exporting countries in order to take phytosanitary measures at exporting countries or other phytosanitary requirements regulated by Vietnam.

11. Provide relevant information about the plant quarantine to related countries upon request.

Article 45. Duties and powers of plant quarantine officers

1. Carry out the plant quarantine activities as stipulated by this Law; strictly comply with any phytosanitary manuals or processes as well as bear responsibility for the fulfillment of their duties and powers.

2. Request owners of plant quarantine articles to provide relevant documents and materials, necessary facilities and human resource for the phytosanitation.

3. Provide instructions and carry out the supervision on phytosanitary measures and other control practices for plant quarantine articles.

4. Work at the testing and sampling throughout the phytosanitary processes as stipulated by laws.

5. As regards any secret regarding national defence and security as well as other special cases, they are provided with favorable conditions to fulfill their phytosanitary duties but must ensure the confidentiality.

Article 46. Regulations on clothes of plant quarantine officers

1. When fulfilling the phytosanitary tasks, plant quarantine officers must wear uniform with badge, stripe, insignia, nameplate and plant quarantine officer's card.

2. The Minister of Agriculture and Rural Development shall provide detailed regulations enshrined in this Article.

Article 47. Rights and obligations of the owner of plant quarantine articles

1. The owner of plant quarantine articles has the rights as follows:

a) Be provided with information about the plant quarantine;

b) Be guided by the agency specializing in the plant protection and quarantine to detect and classify harmful organisms and phytosanitary measures against any article infected with harmful organisms;

c) Request the agency specializing in the plant protection and quarantine to provide relevant information about the article subject to the pest risk analysis for importing countries;

d) File their appeals against the phytosanitary result and any decision that has been made by the agency specializing in the plant protection and quarantine.

2. The owner of plant quarantine articles must secure the following obligations:

a) Follow any request or order of plant quarantine officers such as opening or closing their means of transportation, warehouse, consignment, preparing necessary employees and devices to support the inspection and sampling; bear responsibility to safe-keep plant quarantine articles in the process of phytosanitation and show plant quarantine officers the place where plant quarantine articles are placed to take any phytosanitary measures;

b) Provide necessary information to support the phytosanitation upon the request of the agency specializing in the plant protection and quarantine;

c) Monitor and examine imported plant quarantine articles during transportation, storage and use. Whenever plant quarantine articles are found or suspected of being infected with quarantine plant pests, regulated plant pests or alien harmful organisms, the agency specializing in the plant protection and quarantine or the nearest People’s Committee of a hamlet must be promptly reported;

d) Take proper and timely phytosanitary measures for the treatment of plant quarantine articles under the decision and direction of the agency specializing in the plant protection and quarantine;

dd) Fully follow phytosanitary measures as specified in the phytosanitary certificate during the transportation, storage and use of plant quarantine articles;

e) Take on other obligations as stipulated b laws.