Thông tư 05/2015/TT-BNNPTNT

CIRCULAR

REGULATIONS ON SEQUENCE AND PROCEDURES FOR ISSUANCE OF PRACTISING CERTIFICATE FOR TREATMENT OF PLANT QUARANTINE SUBJECTS

Pursuant to the Law on plant protection and quarantine No. 41/2013/QH13;

Pursuant to the Government’s Decree No. 199/2013/NĐ-CP dated November 26, 2013 defining the functions, tasks, entitlements and organizational structure of the Ministry of Agriculture and Rural development;

At the request of Director General of Plant Protection Department;

The Minister of Agriculture and Rural Development promulgates the Circular regulating sequence and procedures for issuance of practising certificate for treatment of plant quarantine subjects.

Chapter I

GENERAL PROVISIONS

Article 1. Governing scope

This Circular details requirements, sequence and procedures for issuance of practising certificate for treatment of plant quarantine subjects.

Article 2. Regulated entities

This Circular applies to organizations and individuals at home and abroad that are involved in the treatment of plant quarantine subjects in Vietnam.

Article 3. Fees and charges

Organizations and individuals practising treatment of plant quarantine subjects must pay fees, charges for the assessment of the application and issuance of the practising certificate for treatment of plant quarantine subjects (hereinafter referred to as the practising certificate), the practising card for treatment of plant quarantine subjects (hereinafter referred to as the practising card) according to regulations on fees and charges.

Chapter II

ISSUANCE OF THE PRACTISING CERTIFICATE

Article 4. Detailed regulations on conditions for practising treatment of plant quarantine subjects

Organizations to be granted the practising certificate must satisfy the following requirements:

1. Technical infrastructure and equipment

a) Have locations for treatment of plant quarantine subjects, workshops, stores and means in conformity with scale, measure and type of treatment as prescribed in National technical regulation on treatment of plant quarantine subjects.

b) Have adequate facilities for each handling measure as detailed in Appendix 1 enclosed herewith;

c) Have technical procedures for each treatment method as prescribed in National technical regulation or the Standards promulgated by Plant Protection Department;

d) Have approved plans for fire prevention and fighting or inspection record for fire prevention and fighting safety or papers proving satisfaction of fire safety requirements according to law provisions;

dd) Have approved commitment to environment protection or papers proving environmental safety according to law provisions.

2. Workforce

a) Persons who are directly involved in the management from organizations practising treatment of plant quarantine subjects (hereinafter referred to as the practising organization) must have professional level from third stage and over in conformity with treatment method with sufficient health as prescribed;

b) Persons who are directly involved in treatment of plant quarantine subjects must obtain the practising card issued by Plant Protection Department.

Article 5. Sequence and procedures for issuance of the practising certificate

1. Application includes:

a) Application form according to Form prescribed in Appendix II enclosed herewith;

b) Written explanation of technical process, means and list of facilities for each method, type and scale registered according to Form as prescribed in Appendix VII enclosed herewith;

c) Diplomas from third level and over (Certified true copy, or copy enclosed with originals for comparison) of the persons directly involved in the management;

d) Health certificates (original) of persons directly involved in management issued by medical agencies at commune level and over; Health certificates (copy) of persons directly involved in treatment of plant quarantine subjects;

dd) List of persons who are directly involved in treatment of plant quarantine subjects and granted the practising card;

e) Other papers (copy) as prescribed in Points, d, dd, Clause 1, Article 4 hereof;

g) Certificate of Business registration (copy);

2. Organizations that apply for the issuance of the practising certificate must submit one (01) set of application directly or by post to Plant Protection Department.

3. Within five working days since receipt of the application, Plant Protection Department shall carry out assessment of the application and issue a written notice about result of assessment to the applicant organization.

4. Within 15 working days since receipt of the application, Plant Protection Department shall conduct inspection of practising conditions of the applicant organization and issue the practising certificate according to Form as prescribed in Appendix V enclosed herewith, or make a written notice specifying reasons why the practising certificate is not issued.

5. Content of inspection

a) Inspect material and technical base;

b) Inspect the practice of treating plant quarantine subjects according to the content and process registered by the practising organization;

Article 6. Sequence and procedures for re-issuance of the practising certificate

1. The practising certificate shall be re-issued in the following cases:

a) Lost, damaged, mistakes made or information on the practising organization changed;

b) Changes of addresses, scope and scale of practising;

c) Expiration;

2. Application for re-issuance of the practising certificate for cases as prescribed in Point a, Clause 1, Article 6 hereof:

a) Application form according to Form prescribed in Appendix III enclosed herewith;

b) The granted practising certificate (original) (except being lost);

c) Papers proving changes of name of the practising organization (copy) (in case name is changed)

3. Application for re-issuance of the practising certificate for cases as prescribed in Points b, c, Clause 1, Article 6 hereof:

a) Application form according to Form prescribed in Appendix III enclosed herewith;

b) Diplomas from third level and over (Certified true copy, or copy enclosed with originals for comparison) of the persons directly involved in management (in case persons are changed)

c) Health certificates of persons directly involved in management or persons directly involved in treatment of plant quarantine subjects issued by medical agencies at commune level and over;

d) List of persons (who are directly involved in treatment of plant quarantine subjects) granted the practising card at the time of application;

dd) Written explanation of technical process, means and list of facilities at the time of application;

e) Other papers (copy) as prescribed in Points, d, dd, Clause 1, Article 4 hereof;

4. Sequence and procedures for re-issuance

a) For cases as prescribed in Point a, Clause 1, Article 6 hereof, within five working days since receipt of the application, Plant Protection Department shall re-issue the practising certificate according to Form as prescribed in Appendix V enclosed herewith.

b) For cases as prescribed in Points b, c, Clause 1, Article 6 hereof, sequence and procedures are prescribed in Clauses 2, 3, 4, 5, Article 5 hereof.

Article 7. Issuance of the practising card

The practising card shall be issued to individuals that meet the following requirements:

1. Have passed the training and examination of professional competence according to content of the program stipulated by Plant Protection Department;

2. Ensure good health as prescribed;

Article 8. Sequence and procedures for issuance of the practising card

1. Application includes:

a) Application form according to Form prescribed in Appendix IV enclosed herewith;

b) Certificate of training in professional competence (copy);

c) Health certificates (original) issued by medical agencies from commune level and over;

d) Two 2 cm x 3 cm photos;

2. Persons who apply for issuance of the practising card must submit one (01) set of application directly or by post to Plant Protection Department.

3. Plant Protection Department shall inspect eligibility of the application right after the application is directly received or within one working day for application sent by post.

4. Within 05 working days since receipt of the application, Plant Protection Department shall carry out issuance of the practising card according to Form as prescribed in Appendix VI enclosed herewith, or otherwise issue a written notice specifying the reasons why the practising card is not issued.

Article 9. Sequence and procedures for re-issuance of the practising card

1. The practising card shall be re-issued in case of being lost, damaged or having mistakes made.

2. Application, sequence and procedures for re-issuance of the practising card are prescribed in Article 8 hereof.

Chapter III

IMPLEMENTATION

Article 10. Responsibilities of Plant Protection Department for treatment of plant quarantine subjects

1. Organize inspection of conditions for issuance, re-issuance of the practising certificate as prescribed hereof;

2. Organize training and examination of professional competence and issuance of the practising card

3. Build training programs for treatment of plant quarantine subjects;

4. Conduct regular or irregular investigation into operation of the practising organization and deal with violations according to applicable regulations;

Article 11. Rights and obligations of the practising organization

1. Make written notifications to Branch of Plant Protection of central-affiliated cities and provinces when treatment of plant quarantine subjects is conducted in localities;

2. Comply with provisions as prescribed in Article 42 of the Law on plant protection and quarantine;

Article 12. Transitional provisions

1. Any practising organization that has been granted certificate of satisfaction of conditions for practising vapor steam cleaning for imported – exported objects; certificate of satisfaction of conditions for practising treatment of plant quarantine or certificate of satisfaction of conditions for practising vapor steam cleaning and domestic storage before the effective date of this Circular shall be permitted to continue its practice according to scope, scale and validity period specified in the certificate.

2. Before three months up to the date the certificate as prescribed in Clause 1 of this Article expires, practising organization must submit application for issuance of the practising certificate as prescribed in Article 6 hereof to Plant Protection Department if having demands for practising treatment of plant quarantine subjects.

Article 13. Implementary provisions

1. This Circular takes effect since March 30, 2015.

2. This Circular replaces the Minister of Agriculture and Rural Development’s Decision No. 89/2007/QĐ-BNN dated November 01, 2007 providing regulations on state administration for activities of vapor steam cleaning for plant quarantine subjects; annuls Article 1 of the Minister of Agriculture and Rural Development’s Circular No. 85/2011/TT-BNNPTNT dated December 14, 2011 on amendments and supplements to a number of articles of the Decision No. 89/2007/QĐ-BNN and the Decision No. 97/2008/QĐ-BNN dated October 06, 2008 on the issuance of licenses to produce, process, bottle, package, and trade pesticides,

3. Chief of the Ministry Office, Director General of Plant Protection Department and relevant organizations and individuals shall be responsible for executing this Article.

Difficulties that arise during the implementation of this Circular should be reported (by agencies, organizations, and individuals) to the Ministry of Agriculture and Rural development (Plant Protection Department) for compilation and submission to the Minister for consideration and decision./.