Thông tư 65/2012/TT-BNNPTNT

CIRCULAR

REGULATING ORDER, PROCEDURES FOR GRANTING CERTIFICATE OF PLANT QUARANTINE

Pursuant to the Decree No.01/2008/ND-CP dated January 03, 2008 of the Government defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

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

Pursuant to the Decree No.02/2007/ND-CP dated January 05, 2007 of the Government on Plant Quarantine;

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

The Minister of Agriculture and Rural Development issues the Regulations on order and procedures for granting certificate of plant quarantine.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Circular provides for the order and procedures for granting certificates of plant quarantine for the lots of objects subject to plant quarantine for export, re-export, import and in transit (hereinafter referred to as the certificate).

2. This Circular applies to the Vietnamese and foreign organizations or individuals (hereinafter referred to as object owners) with operations of export, re-export, import and transit of objects subject to plant quarantine (hereinafter referred to as objects) in Vietnam.

Article 2. Competence to grant certificate

Branch of regional plant quarantine, border gate plant quarantine station under the Plant Protection Department or the provincial-level plant protection Branches authorized to grant Certificate by the Plant Protection Department (hereinafter referred to as the plant quarantine agencies).

Article 3. Time for granting certificate

The plant quarantine agencies grant certificates for the lots of objects meeting the requirements within 24 hours after inspecting the objects. In case of requiring to last longer than 24 hours, the plant quarantine agencies must notify the owners.

Article 4. Charges and fees

Object owners must pay charges, fees of plant quarantine in accordance with current regulations.

Chapter II

ORDER, PROCEDURES FOR GRANTING CERTIFICATES

Section 1. ORDER, PROCEDURES FOR GRANTING CERTIFICATES FOR THE EXPORTED LOTS OF OBJECTS

Article 5. Dossier

1. Dossier

a) A written registration for exported/re-exported plant quarantine (Form 9 issued together with Appendix 1 of the Circular No.14/2012/TT-BNNPTNT dated March 27, 2012, original).

b) The written authorization of the object owners: Applicable in case the object owners authorize others to register for plant quarantine (Original). For objects exported through the border gates or pathway entrance, it does not require the authorizations of the object owners.

c) Bill of Lading (B/L): Only applies to objects exported by seaway when the object owners request the plant quarantine agencies to certify into the certificate the information stated in the bill of lading (A copy and present the original for comparison). Object owners only submit the bill of lading to the plant quarantine agencies when the objects were inspected, quarantined and met conditions for export as prescribed.

d) Packing list (Packinglist): Applies to the objects exported by seaway in the event of heterogeneous objects (A copy and present the original for comparison).

đ) The purchase and sale contract, the letter of credit (if any) (A copy and present the original for comparison).

e) Disinfection certificate (original): Applies to the objects exported with disinfection requirement stated in the contract of purchase and sale, letter of credit.

2. Number of dossier: 01 set.

Article 6. The order and procedures for granting certificate

1. Registration for plant quarantine

Object owners or the persons who are authorized by object owners shall register for plant quarantine with the nearest plant quarantine agencies at least 24 hours before exporting the objects.

2. Filing dossier

Object owners or the persons who are authorized by object owners shall file dossiers directly to the plant quarantine agencies at the department receiving dossiers and returning the results.

3. Receipt and inspection of the completeness and validity of dossiers

Plant quarantine agencies shall receive and inspect the completeness and validity of the dossiers requesting for certificates as prescribed. If the dossiers are complete and valid, they shall be received. If the dossiers are not complete and valid, request the object owners to supplement and complete the dossiers.

4. Inspection of object and grant of certificate

The plant quarantine agencies shall inspect the objects. Based on the results of object inspection, the plant quarantine agencies shall grant certificates or not. In case of refusing to grant certificates, then notify the object owners, clearly stating the reasons therefor.

Section 2. ORDER, PROCEDURES FOR GRANT OF CERTIFICATES FOR THE LOTS OF OBJECTS RE-EXPORTED

Article 7. Dossier

1. Dossier

a) A written registration for exported/re-exported plant quarantine (Form 9 issued together with Appendix 1 of the Circular No.14/2012/TT-BNNPTNT dated March 27, 2012, original).

b) A certificate of imported, transitted and transported-locally plant quarantine (A copy and present the original for comparison).

c) A certificate of plant quarantine of the exporting country (A copy).

d) Bill of Lading (B/L): Applies to objects re-exported by seaway (A copy and present the original for comparison). Object owners only submit the bill of lading to the plant quarantine agencies when the objects were inspected, quarantined and met conditions for re-export as prescribed.

đ) Packing list (Packinglist): Applies to the objects exported by seaway in the event of heterogeneous objects (A copy and present the original for comparison).

e) The written authorization of the object owners: Applicable in case the object owners authorize others to register for plant quarantine (Original). For objects re-exported through the border gates or pathway entrance, it does not require the authorizations of the object owners.

g) The purchase and sale contract, the letter of credit (if any) (A copy and present the original for comparison).

2. Number of dossier: 01 set.

Article 8. The order and procedures for granting certificate

1. Registration for plant quarantine

Object owners or the persons who are authorized by object owners shall register for plant quarantine with the nearest plant quarantine agencies at least 24 hours before re-exporting the objects.

2. Filing dossier

Object owners or the persons who are authorized by object owners shall file dossiers directly to the plant quarantine agencies at the department receiving dossiers and returning the results.

3. Receipt and inspection of the completeness and validity of dossiers

Plant quarantine agencies shall receive and inspect the completeness and validity of the dossiers requesting for certificates as prescribed. If the dossiers are complete and valid, they shall be received. If the dossiers are not complete and valid, request the object owners to supplement and complete the dossiers.

4. Inspection of object and grant of certificate

The plant quarantine agencies shall inspect the objects. Based on the results of object inspection, the plant quarantine agencies shall grant certificates or not. In case of refusing to grant certificates, then notify the object owners, clearly stating the reasons therefor.

Section 3. ORDER, PROCEDURES FOR GRANT OF CERTIFICATES FOR THE LOTS OF OBJECTS IMPORTED

Article 9. Dossier

1. Dossier

a) A written registration for quarantine (Form 3 issued together with Appendix 1 of the Circular No.14/2012/TT-BNNPTNT dated March 27, 2012, original).

b) A declaration of plant quarantine: Applies to the imported objects transported by seaway before docking (Form 4 issued together with Appendix 1 of the Circular No.14/2012/TT-BNNPTNT dated March 27, 2012, original).

c) A certificate of plant quarantine issued by the plant quarantine agency of the exporting country or a written certification of equivalent value (the original).

d) A permit of imported plant quarantine: Applies to objects required for pest risk analysis before being imported into Viet Nam (A copy and present the original for comparison).

đ) Bill of Lading (B/L): Applies to objects imported by seaway (A copy and present the original for comparison).

e) Packing list (Packinglist): Applies to the objects imported by seaway in the event of heterogeneous objects (A copy and present the original for comparison).

g) The written authorization of the object owners: Applicable in case the object owners authorize others to register for plant quarantine (Original). For objects imported through the border gates or pathway entrance, it does not require the authorizations of the object owners.

h) The purchase and sale contract, the letter of credit (if any) (A copy and present the original for comparison).

2. Number of dossier: 01 set.

Article 10. The order and procedures for granting certificate

1. Registration for plant quarantine

Object owners or the persons who are authorized by object owners shall register for plant quarantine with the nearest plant quarantine agencies at least 24 hours before importing the objects.

2. Filing dossier

Object owners or the persons who are authorized by object owners shall file dossiers directly to the plant quarantine agencies at the department receiving dossiers and returning the results.

3. Receipt and inspection of the completeness and validity of dossiers

Plant quarantine agencies shall receive and inspect the completeness and validity of the dossiers requesting for certificates as prescribed. If the dossiers are complete and valid, they shall be received. If the dossiers are not complete and valid, request the object owners to supplement and complete the dossiers.

4. Inspection of object and grant of certificate

The plant quarantine agencies shall inspect the objects. Based on the results of object inspection, the plant quarantine agencies shall grant certificates or not. In case of refusing to grant certificates, then notify the object owners, clearly stating the reasons therefor.

Section 4. ORDER, PROCEDURES FOR GRANT OF CERTIFICATES FOR THE LOTS OF OBJECTS TRANSITED

Article 11. Dossier

1. Dossier

a) A written registration for quarantine (Form 3 issued together with Appendix 1 of the Circular No.14/2012/TT-BNNPTNT dated March 27, 2012, original).

b) A certificate of plant quarantine issued by the competent plant quarantine agency of the country of origin or a written certification of equivalent value (A copy and present the original for comparison).

c) The written authorization of the object owners: Applicable in case the object owners authorize others to register for plant quarantine (Original).

2. Number of dossier: 01 set.

Article 10. The order and procedures for granting certificate

1. Registration for plant quarantine

The object owners or the persons who are authorized by object owners shall register for plant quarantine with the nearest plant quarantine agencies at least 24 hours before the objects are transited into the first border gate of Vietnam.

2. Filing dossier

Object owners or the persons who are authorized by object owners shall file dossiers directly to the plant quarantine agencies at the department receiving dossiers and returning the results.

3. Receipt and inspection of the completeness and validity of dossiers

Plant quarantine agencies shall receive and inspect the completeness and validity of the dossiers requesting for certificates as prescribed. If the dossiers are complete and valid, they shall be received. If the dossiers are not complete and valid, request the object owners to supplement and complete the dossiers.

4. Supervision, inspection of object and grant of certificate

The plant quarantine agencies shall supervise or inspect the objects in accordance with provisions. Based on the results of object supervision or inspection, the plant quarantine agencies shall grant certificates or not. In case of refusing to grant certificates, then notify the object owners, clearly stating the reasons therefor.

Chapter III

IMPLEMENTATION PROVISIONS

Article 13. Implementation organization

1. Plant Protection Department shall:

Direct, guide, inspect the grant of certificates of the plant quarantine agencies under the provisions of this Circular.

2. The plant quarantine agencies are responsible for the inspection, documentation, grant of certificates and archiving records as prescribed in this Circular and the provisions of the law on plant quarantine.

3. Responsibilities of object owners:

a) To comply with the provisions of this Circular and the provisions of the law on plant quarantine.

b) To comply with the provisions stated in the professional papers of quarantine issued.

c) To pay for charges and fees of plant quarantine in accordance with current regulations.

Article 14. Effect

This Circular takes effect from February 11, 2013.

Article 15. Amendment and supplementation

In the course of implementation, if any problems arise, the organizations and individuals shall reflect to the Ministry of Agriculture and Rural Development (Department of Plant Protection) for promptly settlement. /.