Thông tư 48/2015/TT-BNNPTNT

CIRCULAR

DETAILED GUIDANCE ON CONDITIONS FOR PROVISION OF PLANT PROTECTION SERVICES

Pursuant to the Decree No.199/2013/ND-CP on functions, responsibilities, the power and organizational structure of the Ministry of Agriculture and Rural Development dated November 26, 2013 of the Government;

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

At the request of the Director of the Department of Plant Protection;

The Minister of Agriculture and Rural development issues this Circular providing detailed guidelines on conditions for provision of plant protection services.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular provides detailed guidelines on conditions for provision of plant protection services.

Article 2. Regulated entities

This Circular applies to entities engaging in plant protection services in Vietnam.

Article 3. Interpretation of terms

For the purpose of this Circular, terms below shall be construed as follows:

1. Plant protection service means consulting activities and action against pests (except for plant quarantine services regulated in clause 2, Article 34 of the Law on Plant Protection and Quarantine) under the agreement with the plant owner.

2. Consultancy service in preventive and protective measures against pests means activities for determination of pests; prediction and provision of information and instructions on preventive and protective measures against pests.

3. Preventive and protective measures against pest’s means manual, mechanical, physical, chemical and biological measures that are allowed to be deployed to protect plants from pests.

Chapter II

CONDITIONS FOR PROVISION OF PLANT PROTECTION SERVICES AND PROCEDURES FOR CERTIFICATION OF PLANT PROTECTION SERVICES

Article 4. Detailed guidelines on conditions for provision of plant protection services

1. The one directly participating in preventive and protective measure consultancy services must obtain at least one associate degree or higher in one of the following majors: horticulture or plant protection or biology; the one who directly provides preventive and protective measures against pests must achieve at least one associate degree or higher in one of the following majors: horticulture, plant protection or biology, or hold a certificate of completion of a training course training course in plant protection under Article 6 hereof.

2. Plant protection activities shall be recorded including related action of service executives and customers; appropriate equipment and specialized instruments such as pest detectors (for consultancy services) or sprayers, bait, catchers, insect killers and personal protective equipment (for preventive and protective action against pests),

3. Every entity participating in such services must have a registered address. The entity providing plant protection services shall obtain one of the following certificates: a certificate(s) of land use having properties; certificate(s) of house ownership; a legal house lease agreement with the duration of at least 01 year or household registration book ( for individuals)

4. The entity that has obtained the registered address shall submit an application for certification of plant protection services to the People’s Committees of the commune (Annex I hereof).

Article 5. Procedures for certification of plant protection services

1. Application submission:

a) Every entity wishing to provide plant protection services shall directly submit their application to the People’s Committee of the commune where the business is located.

b) In case of a valid application, the People's Committee of the Commune shall examine and evaluate such application; in case of an invalid and incomplete application, the People's Committee of the commune shall send the applicant a written request for completion of such application.

c) The number of application: 01

2. Documents requested in an application:

a) 02 copies of the application form for certification of plant protection services using the form in Annex I hereof;

b) Copies (enclosed with its original for comparison) of the associate degree or higher in horticulture, plant protection, biology or certificates of completion of the training courses in plant protection (for those providing preventive and protective action against pests).

c) Copies of (enclosed with their originals for comparison) of one of the following documents:

A certificate of land use having properties; a Certificate of House Ownership; a legal house lease agreement for at least 01 year or a household registration book ( with respect to individuals)

3. Evaluation of applications and certification of plant protection services:

Within 03 working days from the date of receipt of the valid and complete application, the People’s Committee of the commune shall certify the application for certification of plant protection services as approved;

In case of rejection, The People's Committee of the commune shall send the applicant a written notice in which reasons for rejection shall be specified.

Article 6. Plant protection training

1. Scope of training:

a) Current regulations on plant protection and provisions of this Circular;

b) Background knowledge of pests and preventive and protective measures against pests.

c) Utilization of pesticide; collection of empty pesticide packages or bottles; usage of preventive and preventive tools and equipment;

d) Regulations on administrative penalties for violations against regulations on plant protection and management of pesticide;

dd) The use of pesticides.

2. The plant protection training provided for entities who directly participate in prevention and protection against pests without associate degrees or higher in horticulture, plant protection or biology:

a) The duration of training is 03 days; and scope of training is the same as that in clause 1 of this Articles.

b) Plant Protection Stations and Plant Horticulture and Protection Stations shall provide such entities training courses in plant protection. Any entity passing the examination shall be granted a Certificate of Completion of Plant Protection Training. The form of the Certificate of Completion of Plant Protection Training shall be presented in Annex II of this Circular.

Article 7. Rights and obligations of entities operating in plant protection services

1. Rights:

a) Receive service charges for their services under mutual agreed contracts signed with the plant owner or plant owner’s representative;

b) Participate in plant protection training classes, and improve knowledge about prevention and protection against pests according to particular conditions of each areas;

c) Access information and usage of pesticide;

d) Participate in communication programs and propaganda campaigns for prevention and protection against pests;

dd) Be entitled to complain about conclusions and decisions of inspecting authorities and State regulatory bodies under laws on complaints.

2. Obligations:

a) Satisfy all requirements for plant protection services under Article 4 hereof;

b) Comply with the 4-right rule for utilization of pesticide and the list of pesticides; provide environmental-friendly and effective plant protection measures to ensure the safety of human, food and eco-environment;

c) Preserve pesticides in right manner and collect empty pesticide packages after use

d) Obey provisions of laws on contracts, legislation on labor and other obligations;

dd) Compensate for damage due to failures to provide proper preventive and protective measures against pests or appropriate instructions for applications of pesticide under regulations of laws.

Chapter III

IMPLEMENTATION ORGANIZATION

Article 8. Responsibilities of authorities specializing in plant protection

1. Departments of Plant Protection shall instruct and inspect the implementation of this Circular.

2. Sub-Departments or Sub-Departments of Horticulture and Plant Protection of provinces shall instruct Stations of Horticulture and Plant Protection to supervise plant protection services within their administration; compile curricula for plant protection training courses; inspect such training courses and grant Certificates of Completion of Training Courses in Plant Protection.

3. People’s Committees of communes shall receive and consider certifying the application for certification of plant protection services; manage all plant protection services within their communes; cooperate with authorities specializing in plant protection and quarantine to propagate, instruct and inspect the plant protection services within their communes and impose penalties for violations under regulations of laws; publicize lists of entities eligible for plant protection services within its communes.

Article 9. Implementation

This Circular comes into effect from February 01, 2016.

Any issues or concerns arising during the implementation of this Circular shall be promptly reported to Departments of Plant Protection - Ministry of Agriculture and Rural Development ./.