Thông tư 03/2015/TT-BNNPTNT

CIRCULAR

INTRODUCING THE LIST OF PESTICIDES PERMITTED OR PROHIBITED IN VIETNAM AND DECLARING HS CODES FOR PESTICIDES PERMITTED OR PROHIBITED IN VIETNAM

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

Pursuant to the Law on Plant Protection and Quarantine No. 41/2013/QH13 dated November 25, 2013;

Pursuant to the Government’s Decree No. 187/2013/NĐ-CP dated November 20, 2013 on providing specific provisions on implementation of the Law on Commerce on international commodity trading operations and operations of commodity buying, selling, processing and transiting agents in association with foreign partners;

Pursuant to the Circular No. 156/2011/TT-BTC of the Minister of Finance dated November 14, 2011 on introduction of the list of imported and exported goods in Vietnam;

Pursuant to the Circular No. 164/2013/TT-BTC of the Minister of Finance dated November 15, 2013 on introduction of the export tax schedule and import incentive tax schedule following the list of taxable commodities;

After considering the request of the Director of Plant Protection Department;

The Minister of Agriculture and Rural Development hereby introduces the list of pesticides permitted or prohibited in Vietnam and declaring HS codes for pesticides permitted or prohibited in Vietnam.

Article 1. The following lists are annexed to this Circular:

1. The list of pesticides permitted in Vietnam given in the Appendix I enclosed herewith, including:

a) Pesticides used in agriculture:

- Pest control products: 769 active ingredients and 1690 commercial names.

- Disease control products: 607 active ingredients and 1295 commercial names.

- Herbicide: 223 active ingredients and 678 commercial names.

- Rodenticides: 10 active ingredients and 26 commercial names.

- Plant-growth regulators: 51 active ingredients and 143 commercial names.

- Insect attractants: 8 active ingredients and 9 commercial names.

- Molluscicides: 26 active ingredients and 141 commercial names.

- Inert substances (spreaders): 5 active ingredients and 6 commercial names.

b) Termiticides: 15 active ingredients and 21 commercial names.

c) Forestry product preservatives: 11 active ingredients and 13 commercial names.

d) Warehouse disinfectants: 5 active ingredients and 10 commercial names.

dd) Pesticides used on gold courses:

- Pest control products: 1 active ingredient and 1 commercial name.

- Disease control products: 3 active ingredients and 3 commercial names.

- Herbicide: 1 active ingredient and 1 commercial name.

- Growth regulators: 1 active ingredient and 1 commercial name.

e) Seed treatments.

- Pest control products: 12 active ingredients and 16 commercial names.

- Disease control product: 10 active ingredients and 11 commercial names.

2. The list of pesticides prohibited in Vietnam given in the Appendix II enclosed herewith, including:

a) Pest control products, forestry product preservatives: 11 active ingredients.

b) Disease control products: 6 active ingredients.

c) Raticide: 1 active ingredient.

d) Herbicides: 1 active ingredient.

3. The detailed table of HS codes of pesticides permitted in Vietnam given in the Appendix III enclosed herewith.

Article 2. Pesticide HS codes

1. The HS code heading of formulated pesticides defined in the list of pesticides permitted in Vietnam (at the 4^th column – Commercial name) according to the list given in the Appendix I enclosed herewith shall be numbered 3808 and described in detail in the Appendix III enclosed herewith.

2. The HS code heading of technical pesticides (intermediate preparations for the manufacture of pesticides) defined in the list of pesticides permitted in Vietnam (at the 3^rd column – Name of active ingredients and raw materials) according to the list given in the Appendix I enclosed herewith shall be numbered 3808 and described in detail in the Appendix III enclosed herewith.

This classification is based on the characteristics of products and the commodity classification principles laid down by the customs authority. In the event that technical pesticides are classified by any heading other than the heading 3808, the classification shall be subject to the customs authority's resolution but still be governed by the management policy of the Ministry of Agriculture and Rural Development.

3. HS codes of technical pesticides defined in the list of pesticides prohibited in Vietnam (at the 3^rd column – Generic name) shall be classified in detail at the 2^nd column; HS codes of formulated pesticides defined in the list of pesticides prohibited in Vietnam (at the 5^th column – Commercial name) shall be classified in detail at the 4^th column according to the list given in the Appendix II enclosed herewith.

Article 3. Effect

1. This Circular shall come into force from March 15, 2015.

2. This Circular shall replace the followings:

a) The Circular No. 21/2013/TT-BNNPTNT of the Minister of Agriculture and Rural Development dated April 17, 2013 on introducing the list of pesticides permitted, restricted or prohibited in Vietnam;

b) The Circular No. 37/2013/TT-BNNPTNT of the Minister of Agriculture and Rural Development dated August 2, 2013 on amending and supplementing several articles of the Circular No. 21/2013/TT-BNNPTNT of the Minister of Agriculture and Rural Development dated April 17, 2013 on introducing the list of pesticides permitted, restricted or prohibited in Vietnam;

c) The Decision No. 55/2007/QĐ-BNN of the Minister of Agriculture and Rural Development dated June 12, 2007 on declaring HS codes of exported and imported pesticides in Vietnam.

Article 4. Implementation responsibility

The Chief of Office of the Ministry, the Director of the Department of Legal Affairs, the Director of the Plant Protection Department and the Heads of affiliates of the Ministry as well as other related organizations or individuals shall be responsible for implementing this Circular./.