Thông tư 39/2012/TT-BNNPTNT

CIRCULAR

PROMULGATING A LIST OF ARTICLES SUBJECT TO PLANT QUARANTINE AND PEST RISK ANALYSIS BEFORE BEING IMPORTED INTO VIETNAM

Pursuant to the Government’s Decree No. 01/2008/ND-CP of January 03, 2008 defining the functions, tasks, powers and organizational structure of the Agriculture and Rural Development and the Government’s Decree No. 75/2009/ND-CP of September 10, 2009 on amending Article 3 of the Government’s Decree No. 01/2008/ND-CP;

Pursuant to the Ordinance No. 36/2001/PL-UBTVQH10 announced by the State President on August 08, 2001;

Pursuant to the Government's Decree No. 02/2007/ND-CP of January 05, 2007, on plant quarantine;

At the proposal of the director of plant protection department;

The Minister of Agriculture and Rural Development promulgates a list of articles subject to plant quarantine and pest risk analysis before being imported into Vietnam as follows:

Article 1. To promulgate a list of articles subject to plant quarantine and pest risk analysis before being imported into Vietnam (hereinafter referred to as articles), including:

1. Trees and parts of tree being still alive and used for planting;

2. Fresh fruits;

3. Grass and grass seeds of all types

4. Useful organisms and other organisms being still alive and having risk causing harmful to plant resources;

5. Round timbers, sawn timbers have not processed of plant quarantine;

6. Other articles at high risk of carrying harmful organisms subject to adjustment of Vietnam.

Article 2. The articles specified in the above-mentioned article 1, when imported, shall be subject to pest risk analysis if they fall in one of following cases:

1. Being imported into Vietnam for the first time;

2. Being of a new origin;

Article 3. The articles specified in the above-mentioned article 1, when imported, shall be subject to reconsideration and reassessment of the result of earlier pest risk analyses if they fall in one of following cases:

1. There are factual and scientific evidences on the outbreak of an epidemic subject to plant quarantine or an epidemic subject to regulation but not being Vietnam’s epidemic of plant quarantine on article in the exporting country;

2. A Vietnam’s pest subject to plan quarantine on import article or a pest subject to regulation but not being Vietnam’s pest subject to plan quarantine on import plant varieties is detected;

3. The export country issued new measure of pest management.

Article 4. The other articles not specified in the above-mentioned Article 1, when imported, if a Vietnam’s pest subject to plan quarantine is detected, the pest risk analysis must be performed.

Article 5. The Minister of Agriculture and Rural Development shall decide exemption of pest risk analysis for article in special case.

Article 6. Effect

1. This Circular takes effect on September 27, 2012.

2. This Circular annuls the Decision No. 34/2007/QD-BNN-BVTV, of April 23, 2007 of the Minister of Agriculture and Rural Development on promulgating a list of articles subject to plant quarantine and pest risk analysis before being imported into Vietnam.

During the course of implementation, any problem arising should be reported by agencies, organizations, individuals to the Ministry of Agriculture and Rural Development (plant protection department) for consideration, settlement.