Thông tư 11/2017/TT-BNNPTNT

CIRCULAR

ON AMENDMENTS TO SOME ARTICLES OF LEGISLATIVE DOCUMENTS RELATING TO FUNCTIONS AND TASKS OF UNITS AFFILIATED TO THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Government’s Decree No. 15/2017/ND-CP dated February 17, 2017 defining functions, tasks, rights and organizational structure of the Ministry of Agriculture and Rural Development;

At the request of the Director General of the Department of Legal Affairs, Director General of the Department of Personnel and Organization;

The Minister of Agriculture and Rural Development hereby adopts a Circular on amendments to some articles of legislative documents relating to functions and tasks of units affiliated to the Ministry of Agriculture and Rural Development.

Article 1. Replacing the phrase “Cục Chế biến nông lâm sản và nghề muối” (“the Department of Agro-forestry Processing and Salt Industry”) with “Cục Kinh tế hợp tác và Phát triển nông thôn” (“The Department of Cooperatives and Rural Development”) in section 2, Part IV of the Circular No. 116/2006/TT-BNN dated December 18, 2006 of the Ministry of Agriculture and Rural Development providing guidelines for some contents of the Government’s Decree No. 66/2006/ND-CP dated July 07, 2006 on development of agriculture professions.

Article 2. Amendments to some articles of the Regulation on management and issuance of license plate to vehicles allowed to move on dykes; vehicles used for dyke inspection; vehicles used for dyke protection, vehicles used for natural disaster preparedness purposes that is enclosed with the Decision No. 92/2008/QD-BNN dated September 17, 2008 of the Ministry of Agriculture and Rural Development;

1. Replace the phrase “Ban chỉ Đạo phòng, chống lụt, bão Trung ương” (“Central Committee for Flood and Storm Control”) with “Ban chỉ Đạo Trung ương về phòng, chống thiên tai” (“Central Steering Committee for Natural Disaster Preparedness”); the phrase “Ban Chỉ huy phòng, chống lụt, bão” (“Steering Committee for Flood and Storm Control”) with “Ban chỉ huy phòng, chống thiên tai và tìm kiếm cứu nạn” (“Steering Committee for Natural Disaster Preparedness and Search and Rescue”) in Article 1.

2. Replace the phrase “Cục Quản lý Đê Điều và Phòng chống lụt, bão” (“the Department of Dyke Management and Flood and Storm Control”) with “Tổng cục Phòng, chống thiên tai” (“Directorate of of Natural Disaster Preparedness”) in Article 2 and Article 3.

3. Replace the phrase “CHỐNG LỤT BÃO TRUNG ƯƠNG” (“CENTRAL COMMITTEE FOR FLOOD AND STORM CONTROL”) with “TW- PHÒNG CHỐNG THIÊN TAI” (“CENTRAL GOVERNMENT - NATURAL DISASTER PREPAREDNESS”), the phrase “CHỐNG LỤT BÃO TỈNH (THÀNH PHỐ)” (STEERING COMMITTEE FOR FLOOD AND STORM CONTROL OF PROVINCE (CITY)) with “PHÒNG CHỐNG THIÊN TAI TỈNH (THÀNH PHỐ)” (“STEERING COMMITTEE FOR NATURAL DISASTER PREPAREDNESS OF PROVINCE (CITY)”) in Article 3.

Article 3. Amendments to and annulment of some articles of the Circular No. 25/2010/TT-BNNPTNT dated April 08, 2010 of the Ministry of Agriculture and Rural Development providing guidance on inspection of food safety of imported animal source foods (ASF):

1. Clause 1, Article 8 is amended as follows:

“1. The inspecting authority in an exporting country is the Department of Animal Health.”

2. Clause 3, Article 8 is amended as follows:

“3. The authority carrying out inspection at the storage area and issuing certificates or issuing notices about food safety and quality: Units affiliated to the Department of Animal Health or authorized by the Department of Animal Health.”

3. The phrase “Cục Quản lý chất lượng nông lâm sản và thủy sản” (“the National Agro Forestry, Fisheries Quality Assurance Department”) is replaced by “Cục Thú y” (“the Department of Animal Health”) in the first paragraph of Article 9; Clauses 1 and 2, Article 13.

4. Article 10 is amended as follows:

“Aricle 10. Verification of registration application

Within 30 working days since receipt of sufficient application for registration of exporters submitted by the competent authority of the exporting country, the Department of Animal Health shall verify the application and inform the competent authority of verification results and inspection plan if it is required to carry out inspection in the exporting country.”

5. Clause 1, Article 20 is amended as follows:

“1. Funding for carrying out inspection in the exporting country shall be covered by the state budget. The Department of Animal Health shall make annual plans and estimates of funding for the inspection in the exporting country and submit them to a competent authority for approval.”

6. Article 21 is amended as follows:

“Article 21. The Department of Animal Health

1. Receive documents about assurance of food safety and quality of registered exporters of animal source foods from the competent authority of the exporting country; exchange information and reach an agreement on the inspection plan with the competent authority of the exporting country and request the Ministry to issue the decision on establishment of the Vietnam’s Inspectorate charged with carrying out inspection in the exporting country.

2. Publish the list of exporters of animal source foods (of the exporting country) that are eligible for food safety assurance and those that are suspended from export to Vietnam; inform and warn competent authorities of exporting countries of shipments failing to meet food safety requirements and request them to uncover reasons and take remedial measures.0}

3. Prepare and request the competent authorities of exporting countries to complete a questionnaire before an inspection is carried out in exporting countries.

4. Prepare plans and programs for and inspect the food safety control system and manufacturers and traders of products derived from aquatic animals in exporting countries.

5. Direct and supervise its affiliated units inspecting food safety and issuing certificates of food safety or inform them of shipments failing to meet food safety requirements.

6. Uncover reasons why imported animal source foods fail to meet food safety requirements.

7. Direct its affiliated units to cooperate with competent authorities in taking actions against and supervise the actions against the cases that fail to meet food safety requirements.

8. Guide the Sub-departments of Livestock Husbandry and Animal Health of provinces and central-affiliated cities to inspect and supervise food safety of imported aquatic animal products sold within their area.

9. Submit annual or unscheduled (upon request) reports on inspection of food safety of imported animal source foods to the Ministry.

10. Make annual plans and estimates of funding for free-of-charge inspection of food safety of imports under their management and submit them to the Ministry of Agriculture and Rural Development for approval.”

7. Article 22 is annulled.

8. Clause 1, Article 23 is amended as follows:

“1. Guide the Sub-departments of Livestock Husbandry and Animal Health of provinces and central-affiliated cities to inspect and supervise food safety of imported animal source foods sold within their area under the guidance of the Department of Animal Health.”

9. Clause 3, Article 23 is amended as follows:

“3. Submit annual or unscheduled (upon request) reports on inspection of food safety of imported animal source foods to the Department of Animal Health for submission of a consolidated report to the Ministry.”

Article 4. Amendments to some articles of the Appendix 1 enclosed with the Circular No. 63/2010/TT-BNNPTNT dated November 01, 2010 of the Ministry of Agriculture and Rural Development providing guidance on issuance of certificate of free sale of exports and imports under the management of the Ministry of Agriculture and Rural Development

1. Replace the phrase “Cục Trồng trọt” (“The Department of Crop Production”) with “Cục Bảo vệ thực vật” (“The Plant Protection Department”) in Number 1, Section II, Appendix I - Competence to manage CFS of exports and imports.

2. Replace the phrase “Cục Chế biến, thương mại nông lâm thủy sản và nghề muối” (“The Department of Processing and Trade for Agro-Forestry-Fisheries Products and Salt Production”) with “Cục Quản lý chất lượng nông lâm sản và thủy sản” (“The National Agro Forestry, Fisheries Quality Assurance Department”) in Number 8, Section II, Appendix I - Competence to manage CFS of exports and imports.

3. Replace the phrase “Cục Chế biến, thương mại nông lâm thủy sản và nghề muối” (“The Department of Processing and Trade for Agro-Forestry-Fisheries Products and Salt Production”) with “Cục Kinh tế hợp tác và phát triển nông thôn” (“The Department of Cooperatives and Rural Development”) in Number 8, Section II, Appendix I - Competence to manage CFS of exports and imports.

Article 5. Amendments to some articles of the Circular No. 16/2011/TT-BNNPTNT dated April 01, 2011 of the Ministry of Agriculture and Rural Development on assessment, assignment and management of agriculture and rural development testing laboratories:

1. Article 3 is amended as follows:

“Article 3. Assessing and assigning authority

1. The Vietnam Administration of Forestry shall assess and assign laboratories testing forest plant varieties, timber, timber and non-timber forest products; additives and chemicals used for forest product processing and preservation.

2. The Water Resources Directorate shall assess and assign laboratories testing irrigation works and water supply and drainage works.

3. The Directorate of Natural Disaster Preparedness shall assess and assign laboratories testing irrigation works.

4. The Directorate of Fisheries shall assess and assign laboratories testing aquatic breeds; feeds, ingredients for feed production, additives, probiotics, quality of water used for aquaculture, chemicals for environmental improvement in aquaculture.

5. The Department of Crop Production shall assess and assign laboratories testing agricultural plant varieties, land; crop production environment; organic crop production.

6. The Department of Animal Health shall assess and assign laboratories testing agricultural animal breeds; organic breeding; animal feeds and animal feed ingredients, preservatives used in animal feeds, probiotics for animal husbandry and livestock and poultry breeding environment.

7. The Plant Protection Department shall assess and assign laboratories testing plant quarantine, pesticides, pesticide residues in agro-forestry products; fertilizers, materials for fertilizer production, probiotics for crop production; food safety under the management of the Department in accordance with regulations of law.

8. The Department of Animal Health shall assess and assign laboratories testing animal diseases, veterinary drugs and veterinary drug ingredients and food safety under the management of the Department in accordance with regulations of law.

9. The Department of Cooperatives and Rural Development shall assess and assign laboratories testing salt and salt products; agricultural machinery and equipment.

10. The National Agro-Forestry-Fisheries Quality Assurance Department shall assess and assign laboratories testing safety and quality of foods derived from agriculture products, forestry products and aquatic products under the management of the Department; assess and assign multi-sectoral testing laboratories (at least 02 sectors).”

2. Article 7 is amended as follows:

“Article 7. Assignment methods

According to the assessment report and record on appraisal record on assessment results, the authorities specified in Article 3 of this Circular shall issue the decision on testing laboratory assignment and report results to the Ministry (The Department of Science, Technology and Environment).”

Article 6. Amendments to some articles of the Circular No. 46/2011/TT-BNNPTNT dated June 27, 2011 of the Ministry of Agriculture and Rural Development on procedures for granting approval and assessment of dyke-related activities:

1. The phrase “Tổng cục Thủy lợi” (“The Water Resources Directorate”) is replaced by “Tổng cục Phòng, chống thiên tai” (“The Directorate of Natural Disaster Preparedness” in Clause 1, Article 4.

2. Clause 2, Article 4 is annulled.

3. The phrase “Tổng cục Thủy lợi” (“The Water Resources Directorate”) is replaced by “Tổng cục Phòng, chống thiên tai” (“The Directorate of Natural Disaster Preparedness” in Articles 5 and 6.

Article 7. Amendments to and annulment of some articles of the Circular No. 74/2011/TT-BNNPTNT dated October 31, 2011 of the Ministry of Agriculture and Rural Development on origin tracing, recall and actions against unsafe foods derived from agriculture products and forestry products:

1. Article 5 is amended as follows:

“Article 5. Inspecting authority

1. The authorities inspecting the establishments’ compliance with regulation on origin tracing, recall and actions against unsafe agro-forestry food:

a) Central inspecting authorities are the agencies affiliated to and assigned by the Ministry of Agriculture and Rural Development.

b) Local inspecting authorities are specialized agencies assigned by the Department of Agriculture and Rural Development and authorized by the Ministry of Agriculture and Rural Development.

2. The authorities tracing origins, recalling and taking actions against foods derived from agriculture products and forestry products that have received foods safety warnings include:

a) The National Agro-Forestry-Fisheries Quality Assurance Department shall trace origins, recall and take actions against aquatic foods against which food safety warnings are issued by importing countries or the inspecting authorities mentioned in Point a, Clause 1 of this Article or other information sources.

b) The Plant Protection Department shall trace origins, recall and take actions against plant-derived foods against which food safety warnings are issued by importing countries or the inspecting authorities mentioned in Point a, Clause 1 of this Article or other information sources.

c) The Department of Animal Health shall trace origins, recall and take actions against animal source foods against which food safety warnings are issued by importing countries or the inspecting authorities mentioned in Point a, Clause 1 of this Article or other information sources.

d) The National Agro-Forestry-Fisheries Quality Assurance Department, the Sub-departments of Crop Production and Plant Protection and the Sub-departments of Livestock Husbandry and Animal Health shall trace origins, recall and take actions against foods derived from agriculture products and forestry products under their management against which food safety warnings are issued by the inspecting authorities mentioned in Point a, Clause 1 of this Article or other local information sources.

2. Article 11 is annulled.

3. Article 12 is amended as follows:

“Article 12. Ministerial agencies

1. Inspect the compliance with regulation on origin tracing, recall and actions against unsafe food by the producers and traders of foods derived from agriculture products and forestry products as prescribed in Article 5 of this Circular.

2. Submit annual or unscheduled (upon request) reports on the inspection of the compliance with regulation on origin tracing, recall and actions against unsafe food by agro-forestry food producers and traders under their management to the Ministry of Agriculture and Rural Development (through the National Agro Forestry, Fisheries Quality Assurance Department).”

4. Clause 3, Article 13 is amended as follows:

“3. Submit annual or unscheduled reports on performance of tasks under their management to the units specified in Points a, b and c, Clause 2, Article 5 of this Circular."

Article 8. Annulment of Clause 3, Article 1 of the Circular No. 52/2012/TT-BNNPTNT dated October 22, 2012 of the Ministry of Agriculture and Rural Development on amendments to some articles of the Circular No. 16/2011/TT-BNNPTNT dated April 01, 2011 and Circular No. 54/2011/TT-BNNPTNT dated August 03, 2011.

Article 9. Amendments to Article 8 of the Circular No. 52/2012/TT-BNNPTNT dated October 31, 2012 of the Ministry of Agriculture and Rural Development providing guidance on procedures for assignment of conformity certifying organization and declaration of conformity under the management of the Ministry of Agriculture and Rural Development:

“Article 8. Assessing and assigning authority

1. The Directorate of Fisheries shall assess and assign the organization certifying aquaculture; aqua breeds; feeds, ingredients for feed production, additives, probiotics, quality of water used for aquaculture; aquaculture environment, breed production area, the establishment producing and trading in feeds and probiotics used for aquaculture, fishing vessels, fishing ports, fishing vessel repair facility.

2. The Vietnam Administration of Forestry shall assess and assign the organization certifying forest plant varieties, forest process, services and environment; additives and chemicals used for forest product processing and preservation.

3. The Water Resources Directorate shall assess and assign the organization certifying operation and protection of irrigation systems, clean water supply systems, safety management of lakes and dams, economical use of water.

4. The Directorate of Natural Disaster Preparedness shall assess and assign the organization certifying dykes and natural disaster preparedness.

5. The National Agro-Forestry-Fisheries Quality Assurance Department shall assess and assign the organization certifying safety and quality of food, products and goods, manufacturing process and provision of services under the management of the Department and at least 02 units affiliated to the Ministry.

6. The Department of Cooperatives and Rural Development shall assess and assign the organization certifying process, services and environment regarding salt and salt product production and trading; agricultural machinery and equipment.

7. The Department of Crop Production shall assess and assign the organization certifying agricultural plant varieties, land; crop production environment; organic crop production.

8. The Plant Protection Department shall assess and assign the organization certifying plant quarantine, pesticides and pesticide materials; production, processing, bottling and packaging of pesticides and agro-forestry product preservatives; fertilizers, materials for fertilizer production, probiotics for crop production, conditions for assurance of plant safety and quality.

9. The Department of Animal Health shall assess and assign the organization certifying agricultural animal breeds; animal feeds and animal feed ingredients, probiotics used for animal husbandry; animal feed trading and production; breeding facility; breeding environment, conditions for assurance of safety and quality of livestock products.

10. The Department of Animal Health shall assess and assign the organization certifying animal diseases, veterinary drugs and veterinary drug ingredients, veterinary hygiene, veterinary drug production and trading; food safety and quality, products and goods, production process and provision of services under the management of the Department.”

Article 10. Replacing the phrase “Cục Chế biến, Thương mại nông lâm thủy sản và nghề muối” (“The Department of Processing and Trade for Agro-Forestry-Fisheries Products and Salt Production”) with “Cục Kinh tế hợp tác và Phát triển nông thôn” (“The Department of Cooperatives and Rural Development”) in Article 12 of the Circular No. 19/2013/TT-BNNPTNT dated March 15, 2013 of the Ministry of Agriculture and Rural Development providing guidance on the methods for economical and effective use of energy in agricultural production.

Article 11. Replacing the phrase “Cục Chế biến nông lâm sản và nghề muối” (“the Department of Agro-forestry Processing and Salt Industry”) with “Cục Kinh tế hợp tác và Phát triển nông thôn” (“The Department of Cooperatives and Rural Development”) in Clause 2, Article 3 of the Circular No. 08/2014/TT-BNNPTNT dated March 20, 2014 of the Ministry of Agriculture and Rural Development providing guidelines for some articles of the Decree No. 68/2013/QD-TTg dated November 14, 2013 of the Prime Minister on policies for minimization of agricultural losses.

Article 12. Replacing the phrase “Cục Chế biến nông lâm thủy sản và nghề muối” (“the the Department of Agro-forestry Processing and Salt Industry”) with “Cục Kinh tế hợp tác và Phát triển nông thôn” (“The Department of Cooperatives and Rural Development”) in Point dd, Clause 1, Article 11; Clauses 1 and 3, Article 16 of the Circular No. 34/2014/TT-BNNPTNT dated October 31, 2014 of the Ministry of Agriculture and Rural Development providing guidance on inspection of imported salt quality.

Article 13. Replacing the phrase “Cục Trồng trọt” (“the Department of Crop Production”) with “Cục Bảo vệ thực vật” (“The Plant Protection Department”) in the Circular No. 41/2014/TT-BNNPTNT dated November 13, 2014 of the Ministry of Agriculture and Rural Development providing guidelines for some articles of the Government’s Decree No. 202/2013/QD-TTg dated November 27, 2013 on management of fertilizers under the management of the Ministry of Agriculture and Rural Development.

Article 14. Replacing the phrase “Cục Chế biến nông lâm sản và nghề muối” (“the Department of Agro-forestry Processing and Salt Industry”) with “Cục Kinh tế hợp tác và Phát triển nông thôn” (“The Department of Cooperatives and Rural Development”) in Article 2 and Article 4 of the Circular No. 43/2014/TT-BNNPTNT dated November 18, 2014 of the Ministry of Agriculture and Rural Development promulgating the list of supported agricultural, forestry and fishery products, auxiliary products and mechanical products for preserving, processing agricultural, forestry and fishery products prescribed in the Government’s Decree No. 210/2013/ND-CP dated December 19, 2013.

Article 15. Amendments to some articles of the Circular No. 04/2015/TT-BNNPTNT dated February 02, 2015 of the Ministry of Agriculture and Rural Development providing guidelines for some contents of the Government's Decree No. 187/2013/ND-CP dated November 20, 2013 providing guidelines for the Law on Commerce regarding international trade in goods and commercial agency, trading, processing and transit of goods with foreign countries in the agriculture, forestry and aquaculture fields:

1. Clause 1, Article 28, Section 8 is amended as follows: “1. An application includes:

a) An application form for import of fertilizers using the form No.05a/BVTV enclosed this Circular;

b) Technical declaration form using the form No.06/BVTV enclosed with this Circular;”

2. Clause 3, Article 28, Section 8 is amended as follows:

“3. Agency in charge: the Department of Crop Production

- Address: No. 149, Ho Dac Di Street, Dong Da District, Hanoi;

- Telephone: 0438.518.194 Fax: 0435.330.043

- Email: [email protected]”

3. The phrase “Mẫu số 05/TT” (“Form No. 05/Circular”) is replaced by “Mẫu số 05a/BVTV” (“Form No. 05a/BVTV”); the phrase “Cục Trồng trọt/ Department of Crop Production” is replaced by “Cục Bảo vệ thực vật/ Plant Protection Department” in the Form No. 05/TT: Application form for import of fertilizers.

4. The phrase “Mẫu số 06/TT” (“Form No. 06/Circular”) is replaced by “Mẫu số 06/BVTV” (“Form No. 06/BVTV”).

Article 16. Amendments to and annulment of some articles of the Circular No. 12/2015/TT-BNNPTNT dated March 16, 2015 of the Ministry of Agriculture and Rural Development providing guidance on inspection of food safety of imported plant-derived foods:

1. Clause 3, Article 7 is amended as follows:

“3. The food safety authority in the exporting country shall be the Plant Protection Department taking charge and cooperating with relevant authorities”.

2. Article 2 and Article 3, Article 8 are amended as follows:

“2. Funding for carrying out inspection in the exporting country shall be covered by the state budget. The Plant Protection Department shall estimate the funding for inspection in the exporting country and request a competent authority for approval.”

3. Funding for supervision and inspection of goods sold on the market shall be covered by the state budget or other legal funding sources.”

3. The phrase “Cục Quản lý chất lượng nông lâm sản và thủy sản” (“the National Agro Forestry, Fisheries Quality Assurance Department”) is placed by “Cục Bảo vệ thực vật” (“the Plant Protection Department”) in Point a, Clause 1, Article 9 and first paragrapg of Article 13.

4. Article 14 is amended as follows:

“Article 14. Verification of registration applications

The Plant Protection Department shall verify the registration applications prescribed in Article 13 of this Circular and inform the competent authority of the exporting country of the verification results as follows:

1. If the verification results meet all regulations on food safety in Vietnam, the Plant Protection Department shall inform the Minister of Agriculture and Rural Development for reorganization and update into the list of countries registering for export of plant-derived foods to Vietnam on the website of the Plant Protection Department (http://www.ppd.gov.vn).

2. If the verification results do not meet all regulations on the food safety in Vietnam, the Plant Protection Department shall issue a written request for completion of the application to the competent authority.

5. Article 15 is amended as follows:

“Article 15. Carrying out inspection in exporting country

“1. Where necessary, the Plant Protection Department shall prepare an inspection plan; inform and cooperate with the competent authority of the exporting country in inspecting food safety control system and food safety assurance conditions of manufacturers of goods exported to Vietnam.

2. Within 30 working days from the end of the inspection in the exporting country, the Plant Protection Department shall complete the draft report on inspection results and submit it to the competent authority of the exporting country for comments within 30 days before the official publication of report on inspection results.  The report shall clearly specify reasons for cases which are ineligible to export goods to Vietnam if the inspection results are yet to meet all prescribed requirements.”

6. Clause 3, Article 21 is amended as follows:

“3. The Minister of Agriculture and Rural development shall, according to the request of the Director of Plant Protection Department, issue a decision on suspension of import or continuation of export of plant-derived foods to Vietnam as follows:

a) The decision on suspension of import comes into force after 60 (sixty) days from the date of signing which shall be the deadline for inspection of food safety of the import shipments to Vietnam.

b) The decision on continuation of import of goods comes into force from the date of signing which shall be the deadline for inspection of food safety of the import shipments to Vietnam.

Within 03 working days, the decision on suspension of import or continuation of import of goods to Vietnam shall be issued to the exporting country's competent authority for food safety and updated on the website of Plant Protection Department (http://www.ppd.gov.vn).”

7. Point d, Clause 1, Article 22 is amended as follows:

“Within 01 working day from the day on which the import shipments are found violating food safety regulations, inform the Plant Protection Department and submit a consolidated report to the Ministry of Agriculture and Rural development;”

8. Article 26 is amended as follows:

“Article 26. The Plant Protection Department

1. Receive applications for export of goods to Vietnam from the competent authority of the exporting country; exchange information, inform the competent authority of the exporting country of the inspection plans (if necessary) and request the Ministry to issue the decision on establishment of the Vietnam’s Inspectorate charged with carrying out inspection in the exporting country.

2. Request the Minister of Agriculture and Rural Development to publish the list of countries having entered mutual recognition agreements with Vietnam; the list of countries registering for export of plant-derived foods to Vietnam; decide the suspension or continuation of import of plant-derived foods to Vietnam.  Inform competent authorities of the exporting country of shipments that fail to ensure food safety and request them to cooperate in uncovering reasons and taking appropriate remedial measures.

3. Inspect food safety control systems and conditions for assurance of food safety of production facilities in the exporting country.

4. Take charge and cooperate with competent authorities in determining the imports that seriously violates food safety regulations.

5. Trace origins, recall and take actions against the import shipments that seriously violate food safety regulations.

6. Direct and supervise the inspecting authorities at border checkpoints or storage areas:

a) Inspect imports by employing the methods prescribed in this Circular;

b) Issue the certificate of food safety inspection or report the import shipment that fails to meet food safety requirements prescribed in Article 18 of this Circular;

c) Cooperate with competent authorities in taking actions against the shipments that fail to ensure food safety and supervise such actions.

7. Guide the units that are assigned by the Department of Agriculture and Rural Development to inspect and supervise food safety of the imports sold on the market.

8. Promptly report the following cases to the Ministry of Agriculture and Rural development:

a) Detect the import shipments violating food safety regulations to cooperate in tracing, recalling and taking actions against the shipments seriously violating food safety regulations and inform the competent authority of the exporting country.

b) Propose suspension of import of goods to Vietnam for cases specified in Point a, Clause 4, Article 10 of this Circular.

9. Submit annual or unscheduled (upon request) reports on inspection of food safety of imports to the Ministry of Agriculture and Rural Development.

10. Make annual plans, estimates and statements of funding (covered by the state budget) for free-of-charge inspection of food safety of imports under their management and consolidate them into the annual estimates and statements of Ministry of Agriculture and Rural Development according to regulations of the Law on Budget and applicable guiding documents.”

9. Article 27 is annulled.

10. Clause 2, Article 28 is amended as follows:

“2. Promptly inform the Plant Protection Department of the cases in which imports sold within the area violate food safety regulations;”

11. Clause 4, Article 29 is amended as follows:

“4. Difficulties that arise during the implementation should be reported to the Ministry of Agriculture and Rural Development (through the Plant Protection Department).”

Article 16. Amendments to some articles of the Circular No. 49/2015/TT-BNNPTNT dated December 30, 2015 of the Ministry of Agriculture and Rural Development providing guidance on management of central agricultural extension and central agricultural extension project:

1. The phrase “Vụ Khoa học, Công nghệ và Môi trường” (“The Department of Science, Technology and Environment”) is replaced by “Trung tâm Khuyến nông Quốc gia” (“National Agricultural Extension Center”) in Article 10; Point d, Clause 2, Article 11; Article 12; Point b, Clause 1, Article 13; Point a, Point b, Point d, Clause 2, Article 16.

2. The phrase “(Đối với dự án do tổ chức không trực thuộc Bộ chủ trì)” (“for the project presided over by the organization not affiliated to the Ministry”) in Point c, Clause 1; Point a, Clause 2, Article 13; Point a, Clause 1, Article 14; Point a, Point d, Clause 1, Article 16; Clause 1, Article 17 is omitted.

3. Article 15 is amended as follows:

“Article 15. Project inspection

1. Inspection by the Ministry

a) The National Agricultural Extension Center shall take charge and cooperate with the Department of Science, Technology and Environment, Department of Finance and ministerial agencies in preparing inpection plans and inspect the project according to the plan and applicable regulations. If necessary, the National Agricultural Extension Center shall take charge and cooperate with the abovementioned units to carry out unscheduled inspection;

b) The Inspectorate includes a leader who is the representative of the National Agricultural Extension Center and members: representatives of the Department of Science, Technology and Environment, Department of Finance, ministerial agencies and the Department of Agriculture and Rural Development of the area where the project is executed;

c) The inspection shall be carried out at least once for each project during its execution;

d) At least 05 working days before the date of inspection, the National Agricultural Extension Center shall inform the project presiding organization and person and members of the Inspectorate of time and place of inspection. The project presiding person shall prepare a progress report and send it to the National Agricultural Extension Center via the email: [email protected]n.

2. The project presiding organization shall inspect and assess the execution of the project and submit a report on inspection results, directly or by post, to the National Agricultural Extension Center after 15 days from the date of inspection and assessment”.

4. Point a, Clause 1, Article 18 is amended as follows:

“a) Take charge of state management of agricultural extension;”

5. Point d, Clause 1, Article 18 is amended as follows:

“d) Take charge and cooperate with relevant units in compiling and submitting the list of assigned project to the Minister for approval; assessing the selected or assigned projects; submitting the list of approved projects and funding for the approved projects to the Minister for approval; adjusting, assessing and submitting the results of project execution to the Minister for recognition;"

6. Point b, Clause 4, Article 18 is amended as follows:

“b) Cooperate with ministerial agencies and Department of Science, Technology and Environment in compling the list of assigned projects, and assessing the selected and assigned projects.

Take charge and cooperate with relevant authorities in organizing project bids, assessing and commissioning the project; directly execute the projects assigned to preside over by the Ministry; manage the projects presided over by the organization not affiliated to the Ministry according to regulations;"

Article 18. Effect

1. This Circular comes into force from July 18, 2017.

2. The regulations on tasks of the Water Resources Directorate and the Directorate of Natural Disaster Preparedness that are specified in Articles 2, 5, 6 and 9 of this Circular come into force on the effective date of the Prime Minister's Decision on functions, tasks, rights and organizational structure of the Water Resources Directorate and the Directorate of Natural Disaster Preparedness.

Article 19. Responsibility for implementation

Chief of the Ministry Office, Director General of Department of Legal Affairs, Director General of Department of Personnel and Organization, heads of relevant units affiliated to the Ministry and relevant organizations and individuals are responsible for the implementation of this Circular./.