Chapter II
PLANT PEST AND DISEASE ANNOUNCEMENT, PEST CONTROL EXPENDITURE
Article 4. Conditions for announcement of plant pests and diseases
1. As regards plant harmful creatures that are neither quarantined subjects nor alien harmful creatures on plants, such announcement shall be made if:
a) Harmful creatures on plants have shown a sharp increase in the amount, extent and degree as against those reported in the past 02 (two) years immediately ahead of the time when plant pests and diseases are announced and forecast by the specialized agency for plant protection and quarantine at the provincial or higher level(s); have posed the risk of being rapidly spread on a large scale and a vast area, and caused tremendous impacts on production, environment, human lives, which is beyond the control of plant owners.
b) All necessary controlling measures against harmful creatures that have been applied by plant owners in accordance with guidelines from the specialized agency for plant protection and quarantine have not been effective as expected, which results in the application of urgent measures and forces plant owners, interested organizations and individuals at affected areas to strictly follow these measures for a definite period of time with the aim of quickly suppressing, containing and eradicating those harmful creatures.
2. As regards plant harmful creatures that are either quarantined subjects or alien harmful creatures on plants, such announcement shall be made if:
Such quarantined subjects or alien harmful creatures have been introduced into the territory of Vietnam, and posed the risk of establishing a pest population and spreading on a vast area, which requires urgent measures to be taken, or forces plant owners, interested organizations and individuals at affected areas to strictly follow these measures with the aim of quickly suppressing, containing and eradicating those harmful creatures.
Article 5. Process and procedure for announcement of plant pests and diseases
1. Process and procedure for announcement of plant pest and disease
a) Pursuant to the regulations laid down in Article 4 hereof, the centrally-governed specialized agency for plant protection and quarantine shall file a report to the Ministry of Agriculture and Rural Development; the specialized agency for plant protection and quarantine at the provincial level shall request the Director of Department of Agriculture and Rural Development to send a report to the President of the provincial People’s Committee on the current status of plant pests and diseases, facts or figures as evidence for the sufficient condition for announcement of plant pests and diseases, necessity for this announcement, proposed affected areas that should be announced as well as pest control measures;
b) The Minister of Agriculture and Rural Development shall rely on the report submitted by the Head of the centrally-governed specialized agency for plant protection and quarantine; the President of the People's Committee at the provincial level shall rely on the report submitted by the Director of Department of Agriculture and Rural development to make their decision on plant pest and disease announcement;
c) When necessary, the person who is authorized to announce plant pests and diseases is entitled to establish and consult with an advisory council. The Council shall be chaired by that person or his/her deputy, and vice-chaired by the Head of the centrally-governed specialized agency for plant protection and quarantine, or the Director of Department of Agriculture and Rural Development, and membered by representatives for relevant bodies or organizations as well as experienced experts in plant protection sector.
The advisory council shall be responsible for considering the report sent by specialized agencies for plant protection and quarantine, submit the proposal for announcement of plant pests and diseases, affected areas that should be announced as well as pest control measures to the competent person.
2. Decision on plant pest and disease announcement
a) Contents of the decision on plant pest and disease announcement consist of: Harmful creatures on plants, affected subjects, areas, pest control measures and validity of the decision;
b) Within a period of 24 hours from the date on which the announcement is made, such decision must be publicly announced through central and local mass media; the local authority of the affected area must inform plant owners, interested organizations and individuals throughout that area for the purpose of raising their awareness and enforcing the decision.
Article 6. Process and procedure for announcement of successful pest control
1. Whenever plant pests have been successfully suppressed and have posed no risk of causing serious harm any longer, the centrally-governed specialized agency for plant protection and quarantine shall send a report on the result of pest control and a request for an announcement of successful pest control to the Minister of Agriculture and Rural Development; the specialized agency for plant protection and quarantine at the provincial level shall submit the result of pest control and a request for an announcement of successful pest control to the President of the provincial People's Committee.
2. Contents of the report on the result of pest control and the request for announcement of successful pest control shall comprise: Overview of plant pest and disease status, forecast of tendency for the growth of harmful creatures on plants; remedial measures to be applied to mitigate harmful effects caused by plant pests, stabilize human lives and restore production to normal condition; sustainable pest control measures; legal, scientific and practical foundations for the request for announcement of successful pest control.
3. The Minister of Agriculture and Rural Development shall rely on the report submitted by the Head of the centrally-governed specialized agency for plant protection and quarantine; the President of the People's Committee at the provincial level shall rely on the report submitted by the Director of Department of Agriculture and Rural development to make their decision to make the announcement of successful pest control.
4. Within a period of 24 hours from the date on which the competent person grants the Decision to make the announcement of successful pest control, this Decision shall be publicly announced through central and local mass media.
Article 7. Pest control expenditure
1. Pest control shall be funded by
a) State budget allocated at current decentralized levels;
b) Organizations or individuals who hold the right to own, use or directly manage plant owners;
c) Contributions, aids from domestic or overseas organizations, individuals, or international organizations as well as other legal financial sources.
2. Beneficiaries of the financial support from the state budget for their pest control shall include:
a) Those whose plants are harmed by pests or diseases, or those who are forced to apply pest control measures requested by the competent authority;
b) Those who get involved in the pest control activities.
3. The following expenses incurred from the pest control shall be covered:
a) Communication, training and pest control preparation;
b) Equipment, devices and plant protection products;
c) Losses incurred by plant pests or diseases;
d) Losses incurred by the application of plant disinfection measures in accordance with the request made by the competent authority and any costs incurred.
4. Grants for plant pest control
a) With regard to grants within regulated amounts or limits, expenditures shall be paid under applicable laws;
b) With regard to grants without regulated amounts or limits, the Minister of Finance shall take charge of cooperating with the Minister of Agriculture and Rural Development in sending a request to the Prime Minister for his decision on the permitted amount of grants allocated from the central budget; the President of the People's Committee at the provincial level shall decide to determine the permitted amount of grants allocated from the local government’s budget.
5. Use of the state expenditures for plant pest and disease control
a) Expenditure for plant pest and disease control at localities shall be decided by the People’s Committee at all administrative levels, which is derived from the reserve fund of each locality in accordance with the Law on State Budget.
In case the expenditure on plant pest and disease control is higher than or exceeds the local budget, the People’s Committee at the provincial level shall submit a report to the Ministry of Finance and the Ministry of Agriculture and Rural Development for the purpose of requesting the Prime Minister to consider and make his decision;
b) Expenditures for the pest control task of the central bodies, allocated from the central budget, shall conform to the Law on State Budget.
6. Use of plant owners’ expenditures for the plant pest and disease control
Different expenditures on the plant pest and disease control other than those derived from the state budget, aids from domestic or overseas organizations, individuals and international institutions (if any).
7. c) Use of pest control expenditures coming from contributions and aids from domestic or overseas organizations, individuals, or international organizations as well as other legal financial sources.
a) The state expenditures coming from contributions, aids from domestic or overseas organizations for the purpose of plant pest and disease control shall conform to the regulations laid down in the Law on State Budget;
b) As regards other legal contributions and aids, all of requirements set out by the sponsors shall be followed.
Tìm kiếm
Nghị định 116/2014/NĐ-CP (Bản Word)
Nghị định 116/2014/NĐ-CP (Bản Pdf)