Chapter III
REGULATIONS ON EXPORT AND IMPORT SUSPENSION; PROHIBITION AGAINST EXPORTING AND IMPORTING ARTICLES SUBJECT TO PLANT QUARANTINE
Article 8. Suspension of export and import of articles subject to plant quarantine (hereinafter referred to as articles)
1. Suspension of export of articles shall become effective if:
a) These articles pose high risk of carrying quarantined subjects from importing countries and there has not been any measures to be applied to eradicate them;
b) These articles have infringed upon regulations laid down by importing countries without any possible measures to be taken to eliminate causes for such infringements as well as imposed the risk of losing exporting markets.
2. Suspension of import of articles shall become effective if:
a) These articles are imported from countries or territories that pose high risk of carrying quarantined subjects into Vietnam and there has not been any measures to be applied to eradicate them;
b) These articles imported from countries or territories have been infected with quarantined subjects or alien harmful creatures, and have been subject to the notification of their failure to comply with the regulations on plant quarantine sent by the centrally-governed specialized agency for plant protection and quarantine in Vietnam;
c) These articles imported from countries or territories have been subject to the official information about the outbreak of such quarantined subjects in Vietnam.
Article 9. Requirements that should be met to continue to import and export quarantined articles
1. Requirements for continuation in export of quarantined articles:
a) These articles have been subject to application of measures in accordance with instructions provided by the competent specialized agency for plant protection and quarantine;
b) These articles have been subject to inspection, supervision and confirmation of effective application of measures to mitigate risks as prescribed in Clause 1 Article 8 hereof.
2. Requirements for continuation in import of quarantined articles
a) These articles have been reported by the exporting country's plant quarantine agency in order to determine the cause for being infected with quarantined subjects and have been subject to controlling measures to have them eradicated;
b) These articles have been subject to inspection, supervision and confirmation of effective application of measures to mitigate risks as prescribed in Clause 2 Article 8 hereof.
Article 10. Prohibition against exporting and importing quarantined articles
1. Articles shall be prohibited from being exported if:
a) Articles are specified in the list of prohibited articles in importing countries;
b) Articles have not been subject to any controlling measure which conforms to regulations set out in importing countries.
2. Articles shall be prohibited from being imported if:
a) These articles are imported from countries or territories that pose high risk of carrying quarantined subjects into Vietnam, threat to domestic agricultural production, national food security without being subject to any controlling measures to have them eradicated;
b) These articles have been subject to the suspension of import without applying any remedial measures or have undergone the application of these measures but still not conform to regulations on imported plant quarantine in Vietnam.
Article 11. Authority to suspend or prohibit export and import of plants or continue to permit export and import of quarantined articles
The Minister of Agriculture and Rural Development shall be vested with the power to suspend or prohibit export and import of plants or continue to permit export and import of quarantined articles in accordance with the regulations laid down in this Decree.
Article 12. Process and procedure for suspending or prohibiting export and import of quarantined articles
1. Pursuant to regulations enshrined in Article 8 and 10 hereof, the centrally-governed specialized agency for plant protection and quarantine shall specify kinds of articles subject to suspending or prohibiting export and import; the cause for this suspension or prohibition against export and import in a single country or territory, and submit a report to the Minister of Agriculture and Rural Development.
2. The Minister of Agriculture and Rural Development shall rely on the report sent by the centrally-governed specialized agency for plant protection and quarantine to consider any decision. When necessary, the Minister shall consult with relevant Ministries and departments before granting the decision to suspend or prohibit import and export of such articles.
3. Decision to suspend or prohibit export and import of articles must provide specific contents as follows:
a) Generic name of articles (scientific name included);
b) Name of the country or territory where such articles are exported to Vietnam or imported from Vietnam;
c) Cause for such suspension or prohibition in which the legal grounds and scientific bases must be clearly stated;
d) The Decision shall take effect after 02 months (60 days) from the signing date and, within 24 hours, must be publicly announced through mass media and shall be dispatched to the competent authority for plant quarantine in exporting countries or territories.
Article 13. Process and procedure for continuing to permit export and import of quarantined articles
1. Pursuant to regulations enshrined in Article 9 hereof, the centrally-governed specialized agency for plant protection and quarantine shall conduct the inspection, supervision and confirmation of effective application of remedial measures, which shall be then reported to the Minister of Agriculture and Rural Development.
2. The Minister of Agriculture and Rural Development shall rely on the report sent by the centrally-governed specialized agency for plant protection and quarantine to consider deciding whether the continuation in export and import of such articles is permitted.
3. The Decision to continue to permit export and import of such articles shall take effect from the signing date and, within 24 hours, must be publicly announced through mass media and shall be dispatched to the competent authority for plant quarantine in exporting countries or territories.
Tìm kiếm
Nghị định 116/2014/NĐ-CP (Bản Word)
Nghị định 116/2014/NĐ-CP (Bản Pdf)