Luật 41/2013/QH13

Law No. 41/2013/QH13 dated November 25, 2013, on plant protection and quarantine

Nội dung toàn văn Law No. 41/2013/QH13 on plant protection and quarantine


THE NATIONAL ASSEMBLY
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THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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No. 41/2013/QH13

Hanoi, November 25, 2013

 

LAW

ON PLANT PROTECTION AND QUARANTINE

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly hereby promulgates the Law on Plant Protection and Quarantine.

Chapter 1.

GENERAL PROVISIONS

Article 1. Governing scope

This Law is enshrined by the regulations on the plant protection against harmful pests, pathogens and diseases, plant phytosanitation and pesticide management.

Article 2. Applicable entities

This Law is applied to both domestic and foreign organization and/or individual involved in plant protection and quarantine activities in Vietnam.

Article 3. Definition of terms

In this Law, terms shall be construed as follows:

1. Plant means plants and plant products.

2. Plant protection means the control and prevention of plant pests, pathogens and diseases.

3. Plant quarantine means the exclusion, detection and control of quarantine plant pests, regulated plant pests and alien harmful organisms.

4. Plant owner means organization or individual who has the ownership and use right or direct management of plants.

5. Beneficial organism means organisms that bring about directly or indirectly helpful effects on plants, including microorganisms, insects, animals and others.

6. Harmful organism means organisms that can cause directly or indirectly harmful effects on plants, including pathogenic microorganisms, plant pests, noxious weeds and others.

7. Alien harmful organism means harmful organisms that have yet to be given scientific names and found in Vietnam.

8. Quarantine plant pest means harmful organisms that can cause severe damage to plants, are absent or of limited distribution throughout Vietnam and must be strictly controlled.

9. Regulated plant pest means harmful organisms other than quarantine plant pests of which their presence on living plant parts that serve the breeding purposes can cause serious damage to the economy, which must be subject to control measures in Vietnam.

10. Plant quarantine article means plants and facilities or equipment serving the storage and transportation purpose or other articles which are likely to harbour or spread quarantine plant pests.

11. Owner of plant quarantine articles means organization, individual who has the ownership, use right or direct transportation and management of plant quarantine articles.

12. Pest risk analysis means the process of biological assessment, scientific and economic rationales for the decision to apply plant phytosanitary measures against a single harmful organism.

13. Harmful organism disinfected zone means the area where there exist scientific evidence to prove the absence of a specific harmful organism and conditions under which the absence of such a harmful organism is insured.

14. Examination of plant quarantine articles means the observation, sampling and testing of plant quarantine articles which serve as an indicator to assess the infection of harmful organisms or compliance with regulations on the plant quarantine.

15. Treatment of plant quarantine articles means the application of proper phytosanitary measures to prevent or eradicate quarantine plant pests, regulated plant pests as well as alien harmful organisms.

16. Pesticide means the substance or any mixture of substances or the microbiological agent which is meant for preventing, inhibiting, repelling, seducing, destroying or mitigating the harmful impact of plant pests, pathogens and diseases; regulating or controlling the growth of plants or insects; serving the purpose of plant storage; increasing the safety and efficacy for the use of various plant protection products.

17. Pesticide consisting of technical materials (hereinafter referred to as technical materials) means a kind of plant protection products which contain a small amount of active ingredients and achieve required quality standards as well as are used for the manufacturing of pesticide products.

18. Pesticide active ingredient means the substance or any biologically efficacious ingredient of pesticides.

19. Finished pesticide product (hereinafter referred to as finished pesticide) means the product made from technical materials, solvents and additives and manufactured through a specific technology process, which must conform to national technical regulations, must have registered labels and obtain permission to be commonly used.

20. Biological pesticide means the product consisting of active ingredients, which are of biological activity of living microorganisms or any substance derived from microorganisms, plants or animals.

21. Pesticide production is composed of the manufacturing of active ingredients, technical materials, finished pesticides and the packaging of pesticide products.

22. Quarantine duration means the minimum period ranging from the last utilization of pesticides to the harvest of plant products or the minimum period from the last utilization of pesticides in the process of plant product storage to the launch of products.

Article 4. Rules of the plant protection and quarantine

1. Conduct early detection, draw immediate and accurate conclusion; timely eradicate and inhibit the invasion and spread of quarantine plant pests, regulated plant pests and alien harmful organisms.

2. Prevent and control harmful organisms in which the preventive measure is given a top priority; apply integrated pest controls associated with sustainable developmental orientation in which biological controls, use of plant varieties that are of harmful organism resistance, cultivation techniques and good agricultural practices are prioritized.

3. Observe the 4-right rules for the utilization of pesticides, including right product, right time, right dose and concentration, and right method; adhere to regulated quarantine duration; ensure the efficacy of pesticides and safety for people, food safety and mitigate environmental pollution and ecological protection.

4. Apply scientific and technological advances as well as combine modern scientific and technological concepts with traditional and cultural practices learn from people.

Article 5. Government policies on the plant protection and quarantine

1. Invest in human resource development projects; construct and upgrade technical facilities and infrastructural systems for plant protection and quarantine authorities; perform the construction and development of information, forecast and alert system for harmful organisms; conduct scientific researches and apply technological advances in the manufacturing of biological pesticides or plant protection products with low level of toxicity, plant varieties with resistance to harmful organisms as well as take control measures against harmful organisms in a sustainable manner.

2. Assist in setting up harmful organism disinfected zone; work on the construction and development of various types of plant protection services associated with technical agriculture services in a professional manner for the purpose of agricultural commodity production on a large scale; take action to control plant pests and pathogens, maintain the stability for human lives as well as restore the production after plant pests or pathogens cause considerable damage or losses in a vast area.

3. Provide the incentive for the construction of industrial zones specializing in the manufacturing, collection and treatment of pesticides and used pesticide packs or containers; manufacture and use pesticide packs or containers made from easily recycled materials; organize training courses and sessions to discuss the safe and effective use of pesticides.

4. Enhance the international cooperation, allow for sufficient resources to fulfill international commitments on the plant protection and quarantine; promote the mutual recognition in the plant protection and quarantine.

Article 6. Information and communication on the plant protection and quarantine

1. The information and communication on the plant protection and quarantine are aimed at providing knowledge about harmful organisms on plants, preventive and control measures as well as legal regulations and policies on the plant protection and quarantine. Contents of information and communication on plant protection and quarantine must be accurate, on time and understandable.

2. Information and communication on the plant protection and quarantine shall be carried out through and/or by:

a) Websites managed by Ministries, ministry-level and Governmental bodies, local authorities and means of mass media;

b) Journals, magazines and flyers;

c) Exhibitions, workshops and training courses;

d) Forums that must be held to openly discuss policies and laws, and exchange information and experience about the plant protection and quarantine;

dd) Other proper approaches.

3. Responsibilities of regulatory agencies for the information and communication on plant protection and quarantine are specified as follows:

a) The Ministry of Agriculture and Rural Development must direct and provide accurate and timely information about the plant protection and quarantine;

b) The Ministry of Information and Communications must direct and provide guidance on the information and communication on the plant protection and quarantine;

c) Ministries, ministerial-level agencies, Governmental bodies, People’s Committees at all administrative levels within their area of competence and jurisdiction must conduct information and communication activities for the plant protection and quarantine.

4. Organization, individual participating in the information and communication on the plant protection and quarantine must comply with provisions set out in this Law and other relevant regulations.

Article 7. Responsibilities of the Government and Ministries

1. The Government must ensure the consistency in the state management of the plant protection and quarantine activities that occur across the country.

2. The Ministry of Agriculture and Rural Development must bear full accountability to the Government for performing their state management over the plant protection and quarantine activities as specified below:

a) Issue within their area of competence or request competent authorities to issue and implement policies, legislative documents, technical regulations and standards for the plant protection and quarantine;

b) Build up and direct the implementation of strategy, planning and proposal for the plant protection and quarantine;

c) Carry out the detection, forecast and warning activities against harmful organisms on plants; set up the information system and database of the plant protection and quarantine; direct the prevention and control against plant pests and pathogens;

d) Conduct the plant quarantine activities such as pest risk analyses and plant quarantine activities for the importation, temporary importation and reexportation, temporary exportation and reimportation, inter-border movement and bonded warehousing (hereinafter referred to as importation), exportation, temporary exportation and reexportation (hereinafter referred to as exportation), transit, post entry quarantine, domestic quarantine and treatment of plant quarantine articles;

dd) Carry out the pesticide management including the registration, testing, manufacturing, trading, importation, exportation, transportation, storage, advertisement, packaging, labeling, utilization, revocation, destruction, collection and treatment of pesticides and pesticide packs or containers after use;

e) Stipulate instructional and training contents towards the use of pesticides and issue the practicing certificate for the treatment of plant quarantine articles;

g) Manage and provide instructions for the issuance, reissuance, renewal or replacement and revocation of licenses and certificates in the sector of plant protection and quarantine;

h) Organize initial surveys, scientific researches and training courses on the plant protection and quarantine;

i) Communicate, disseminate and provide education about laws and knowledge relating to the plant protection and quarantine;

k) Make a statistical report on the plant protection and quarantine;

l) Cooperate with foreign partners in the plant protection and quarantine, and put forward a proposal for the conclusion and accession of international treaties and agreements upon the plant protection and quarantine;

m) Inspect, examine and settle complaints, denunciations and any violation against laws on the plant protection and quarantine under their jurisdiction.

3. Ministries, who are eligible to carry out the state management over the plant protection and quarantine within their jurisdiction, shall have the following responsibilities:

a) The Ministry of Health in association with the Ministry of Agriculture and Rural Development shall regulate the preventive and control measures to mitigate any risk of food safety probably caused by the improper use of pesticides during the manufacturing process of agricultural products;

b) The Ministry of Industry and Trade shall lead the inhibition and control against trafficking, counterfeiting and fraudulent trading of pesticides and plants; cooperate with the Ministry of Agriculture and Rural Development to manage the production, trading, exportation and importation of pesticides and plant quarantine articles;

c) The Ministry of Science and Technology shall cooperate with the Ministry of Agriculture and Rural Development to set up and make a decision to conduct scientific researches and technology development projects in the sector of the plant protection and quarantine;

d) The Ministry of Natural Resources and Environment shall provide directions on destroying pesticides and dispose of used pesticide packs or containers; cooperate with the Ministry of Agriculture and Rural Development to issue or request competent agencies to issue regulations on biodiversity conservation regarding the plant protection, quarantine and pesticide management; work with relevant entities to provide instructions for the collection of used pesticide packs or containers;

dd) The Ministry of Finance shall direct and cooperate with the Ministry of Agriculture and Rural Development to carry out the enforcement of regulations on requirements for the completion of customs procedures, the cooperation of customs authority with agencies specializing in the plant protection and quarantine to adhere to required customs procedures, examination and surveillance over plant quarantine articles and pesticides for importation and exportation; stipulate plant quarantine contents that must be clearly stated in the declaration of incoming or outgoing passengers;

e) The Ministry of National Defense and the Ministry of Public Security shall direct and cooperate with the Ministry of Agriculture and Rural Development to carry out the enforcement of regulations on plant protection and quarantine with the aim of national defence and security maintenance.

Article 8. Responsibilities of People’s Committees at all administrative levels

1. The People’s Committee of centrally-affiliated cities and provinces (hereinafter referred to as provincial People’s Committee) and the People’s Committee of a provincial or municipal district, district-level town and provincial city (hereinafter referred to as district-level People’s Committee) shall be responsible to:

a) Issue within their area of competence or request competent authorities to promulgate legislative documents on the plant protection and quarantine; design and implement the planning for harmful organism disinfected zones in their areas;

b) Decide to distribute, manage and use the budget or mobilize local resources under legal regulations on the inhibition and control against harmful organisms on plants;

c) Direct and get ready for the control of plant pests and pathogens as well as take relevant measures to protect production activities in case the outbreak of pests or diseases occurs; make a statistical and assessment report on any damage or losses due to plant pests or diseases throughout the areas under their jurisdiction; adopt supportive policies on stabilizing human lives and restoring the production;

d) Organize training courses on the plant protection and quarantine activities, and pesticides; communication, dissemination and education activities for the purpose of raising awareness about the importance of the law on plant protection and quarantine and the crucial role of plant owners in preventing and controlling harmful organisms as well as the responsibility of pesticide users for the community and environment;

dd) Provincial People’s Committees must allocate the budget and direct district-level People’s Committees to collect and dispose of pesticide packs or containers after use as well as destroy unclaimed pesticides throughout the areas under their jurisdiction;

e) Inspect, examine and settle complaints, denunciations and any violation against laws on the plant protection and quarantine within their area of competence.

2. People’s Committees of a hamlet, ward or town (hereinafter referred to as People’s Committees of a hamlet) shall be responsible to:

a) Organize communication, dissemination and education activities to raise awareness about the compliance with the law on the plant protection and quarantine; plant owner’s awareness and responsibility for the prevention and control of harmful organisms; and pesticide’s awareness and responsibility for the community and environment;

b) Determine the landfill site and organize human forces or give guidance on the collection of used pesticide packs or containers;

c) Cooperate with local agencies specializing in the plant protection and quarantine to investigate, monitor and manage plant pests and pathogens for production protection; guide people to use pesticides in a safe and effective manner; examine and manage plant protection services, pesticide trading and utilization throughout the areas under their jurisdiction;

d) Make all necessary arrangements for the plant protection and quarantine; control plant pests and diseases, prepare statistical and assessment report on any damage or losses due to plant pests and diseases; develop policies on supporting farmers in the inhibition against plant pests and diseases; apply protective measures for the production in case of the outbreak of plant pests and diseases in order to mitigate any damage, stabilize human lives and restore production;

dd) Inspect and settle complaints, denunciations and any violation against laws on the plant protection and quarantine under their jurisdiction.

Article 9. System of agencies specializing in the plant protection and quarantine

This system is decentralized from central to district administrative levels.

The Government shall govern how agencies specializing in the plant protection and quarantine are organized.

Article 10. Role of socio-political bodies, socio-occupational political institutions, social organizations and socio-occupational units

Socio-political bodies, socio-occupational political institutions, social organizations and socio-occupational units are entitled to give their constructive advice on legislative documents concerning the plant protection and quarantine; communicate and disseminate legal knowledge about the plant protection and quarantine in order to raise people’s awareness about the inhibition against harmful organisms, plant quarantine and pesticide utilization.

Article 11. International cooperation in the plant protection and quarantine

1. International cooperation in the plant protection and quarantine must put much concentration on scientific researches, technology transfers, technical training courses, experience swaps and information exchanges for the inhibition against harmful organisms, plant quarantine and pesticides.

2. Centrally-governed agencies specializing in the plant protection and quarantine shall act as a focal point in international cooperations for the exchange of information about the plant protection and quarantine, and pesticides.

Article 12. Fees and charges for the plant protection and quarantine

Organization, individual involved in or benefited from the plant protection and quarantine activities must pay fees and/or charges in accordance with legal regulations on fees and charges.

Article 13. Prohibited acts

1. Apply plant protection and quarantine measures in breach of provisions set out in this Law.

2. Fail to apply proper preventive measures or intentionally apply improper preventive measures against plant pests or diseases.

3. Import, manufacture, transport, keep or trade any plant infected with harmful organisms or use untreated plant varieties infected with harmful organisms listed in the nomenclature of quarantine plant pests and regulated plant pests.

4. Spread harmful organisms.

5. Import soils and harmful organisms into Vietnam, raise and breed harmful organisms, except for the case in which there is a written consent from the Minister of Agriculture and Rural Development.

6. Manufacture, import, trade and use pesticides listed in the nomenclature of prohibited pesticides in Vietnam; counterfeited, unknown and expired pesticides; pesticides that are not specified in the nomenclature of permitted pesticides in Vietnam, except for the case stipulated in Clause 2 Article 67 of this Law.

7. Advertise pesticides listed in the nomenclature of prohibited pesticides in Vietnam; pesticides that are not specified in the nomenclature of permitted pesticides in Vietnam, or advertise pesticides with the information in contrast to the contents specified in the Certificate of Pesticide Registration.

8. Manufacture, trade, use, store, transport, dump, collect and dispose of pesticides and pesticide packs or containers, which is in breach of this Law.

Chapter 2.

CONTROL AND PREVENTION OF HARMFUL PLANT ORGANISMS

Article 14. Requirements for the control and prevention of harmful plant organisms

1. Take proactive approaches to integrated pest management to control and prevent harmful organisms such as using plant varieties that are of high resistance to harmful organisms, field sanitation, planting schedule, fertilizer use, proper planting density and other eco-friendly methods in order to provide favorable conditions for the plant maturity and growth, and improve the resistance of plants, restrict and suppress the proliferation and population of harmful organisms, protect and multiply beneficial organisms.

2. Regularly monitor, early detect and apply preventive measures in a timely and effective manner, and control the spread of harmful organisms; realize the importance of the cultivation methods, biological, physical and mechanical controls as well as cultural practices from farmers. Proactively apply good agricultural practices (briefly called GAP) in the control and prevention of harmful plant organisms.

3. Only apply chemical controls if the application of pest controls mentioned in Clause 1 and Clause 2 of this Article can not reduce the density of harmful organisms, which pose the risk of damage to productivity and quality of plants.

4. Communicate, disseminate and thoroughly train pest control practices amongst farmers, ensure the safety for people, plants, animals and surroundings.

Article 15. Rights and obligations of plant owners

1. Plant owners have following rights:

a) Have access to the information, provided by agencies specializing in the plant protection and quarantine, concerning harmful organisms and their instructions on applying harmful organism controls and taking approach to continuing to obtain required standards for pest disinfected zones;

b) Attend the training classes to improve knowledge about the control and prevention of harmful organisms, which must conform to specific conditions at local areas;

c) Proactively apply pest controls that conform to the capability, conditions and comply with regulations specified in Article 14 of this Law;

d) Enter into the contract with organizations, individuals who are eligible to provide plant protection services and claim compensation for any mistake made by service providers as stipulated by laws;

dd) Receive subsidies granted by the Government as stipulated by laws.

2. Plant owners must fulfill following obligations:

a) Timely track and detect harmful organisms and apply proper pest controls in an effective and safe manner to prevent the spread of plant pests and diseases;

b) Promptly notify the People’s Committee of a hamlet or the nearest agency specializing in the plant protection and quarantine when nonindigenous pathogens or any harmful organisms that are likely to cause serious damage are detected;

c) Provide the information about plant pests and pathogens, and cooperate with and facilitate agencies specializing in the plant protection and quarantine to fulfill their tasks when required;

d) Tighten pest controls in the event of the outbreak of plant pests and diseases;

dd) Use pesticides in compliance with regulations specified in Clause 2 Article 72 of this Law;

e) Overcome the aftermath of plant pests and diseases or pay compensation for any incurred damage or loss as stipulated by laws due to failure to apply or improper application of pest controls.

Article 16. Responsibility assumed by agencies specializing in the plant protection and quarantine

1. Investigate and detect harmful organisms; determine the appearance, introduction, geographical distribution and impact of harmful organisms. Timely report relevant information about harmful organisms and provide instructions on controlling plant pests and pathogens.

2. Receive and process the information as well as recommend proper measures that should be applied to control and prevent harmful organisms reported by any plant owner, organization or individual.

3. Develop and maintain the system of plant pest surveillance, alert and pest controls; set up plant protection and quarantine database.

4. Transfer scientific and technological advances in the prevention and control of harmful organisms on plants.

5. Organize training courses to improve knowledge for pest control officers, technicians and manufacturers.

6. Consult with State management agencies to direct and organize the plant pest control; examine and verify relevant information about harmful organisms to propose the announcement of plant pests and diseases as well as the announcement of successful control of plant pests and diseases; submit the proposal for the allotment of pesticides which are stored for the national security purpose, propose policies on supporting the prevention and control of plant pests and diseases as well as the manufacturing restoration and development.

7. Assess and measure any loss or damage caused by plant pests and pathogens as well as recommend subsidy rates and remedial measures.

8. Provide information and instructions on pest controls; track, analyze and assess the efficiency of pest controls.

9. Deliver periodical or sudden reports on plant protection activities and outcomes in case of the outbreak of plant pests and diseases in localities to the directly managing agencies and superior agencies specializing in the plant protection and quarantine.

Article 17. Announcement of plant pests and diseases

1. Plant pests and diseases must be announced in case of:

a) The outbreak and spread of harmful organisms on a vast area as well as great damage to plants;

b) The detection of alien harmful organisms and regulated plant pests which can cause severe damage to plants;

c) The detection of the invasion of quarantine plant pests into the territory of Vietnam which pose the risk of spread.

2. Authority to announce plant pests and diseases is specified as follows:

a) The President of the provincial People’s Committee shall refer to requests of agricultural management agencies affiliated to the provincial People’s Committee to decide whether the information about current plant pests and diseases should be announced if that is the case mentioned at Point a Clause 1 of this Article, and the send an immediately report to the Minister of Agriculture and Rural Development;

b) The Minister of Agriculture and Rural Development shall refer to the request of centrally-governed agencies specializing in the plant protection and quarantine to make a decision on the announcement of plant pests and disease, if that is the case mentioned at Point a Clause 1 of this Article, when they pose the high risk of spread and cause severe damage in more than two provinces and if that is the case mentioned at Point b, Point c, Clause 1 of this Article, and must then submit a prompt report to the Prime Minister.

3. Specific regulations shall be enshrined in this Article by the Government.

Article 18. Combating plant pests and diseases

1. The Minister of Agriculture and Rural Development shall be responsible to:

a) Direct the President of the People’s Committee of the province impacted by plant pests and diseases to mobilize local resources to quickly apply proper measures to control, eradicate and prevent the spread of plant pests and diseases to other areas; check the announcement and preparation for the control of plant pests and diseases, made by the President of the People’s Committee of the province impacted by such plant pests and diseases;

b) Seek the Prime Minister’s decision to support pest control activities and then proceed to put this decision into practice;

c) Send a full report to the Prime Minister on the final outcome of pest controls and supportive policies which are aimed at combating and overcoming the aftermath of plant pests and diseases as well as restore production activities.

2. The President of the provincial People’s Committee shall be responsible to:

a) Direct agencies specializing in the plant protection and quarantine, relevant organizations and individuals in their province to immediately apply proper measures to control, eradicate and prevent plant pests and diseases to be infected to other areas;

b) Allow for and mobilize local resources for pest controls;

c) Direct the communication and dissemination of pest controls in their areas;

d) Enhance the inspection, examination and stabilization of agricultural material price during the prevention and control of plant pests and diseases;

dd) Follow policies on supporting the pest control, coping with the aftermath of plant pests and diseases, stabilizing people's lives and restoring production activities;

e) Advise the Minister of Agriculture and Rural Development to request the Prime Minister to approve financial, material and resource support if the pest control requires much more than what the local area under their authority can provide;

g) Send a complete report to the Minister of Agriculture and Rural Development on the outcome of pest control and the effectiveness of policies on supporting pest control and coping with the aftermath of plant pests and diseases, stabilizing human lives and restoring production activities.

3. The President of the People’s Committee of a district and hamlet shall be responsible to:

a) Mobilize local resources to apply relevant measures to prevent and control plant pests and diseases according to the direction from the President of the People’s Committee at superior administrative level;

b) Communicate and disseminate pest control practices likely to be applied in the affected areas;

c) Follow policies on supporting the pest control, coping with the aftermath of plant pests and diseases, stabilizing people's lives and restoring production activities in the affected areas;

d) Request the President of the People’s Committee at higher administrative level to approve the financial, material and resource support if the pest control requires much more than what their local areas can provide on their own;

dd) Send a complete report to the President of the People’s Committee at a higher administrative level regarding the outcome of pest control and the effectiveness of policies on supporting pest control, coping with the aftermath of plant pests and diseases, stabilizing human lives and restoring the production to its normal condition.

4. Agencies specializing in the plant protection and quarantine within their area of competence and jurisdiction shall be responsible to give advice to and instructions on pest controls, determine any damage and loss caused by plant pests and diseases, and track, compile and analyze data relating to the effectiveness of pest control as well as adhere to the reporting regime as stipulated in Clause 9 Article 16 of this Law.

5. Affected plant owner, organization and individual must strictly follow pest controls as required by the President of People’s Committee of a hamlet.

Article 19. Announcement of successful control of plant pests and diseases

When plant pests and diseases have been successfully controlled and reduced to no risk of severe damage, the authorized person who is eligible to make the announcement of plant pests and diseases as regulated in Clause 2 Article 17 of this Law can decide to announce the successful control of plant pests and diseases.

Article 20. Reserves and use of pesticides listed in the nomenclature of state-reserved commodities

1. Reserves of pesticides listed in the nomenclature of state-reserved commodities shall be regulated as follows:

a) The Minister of Agriculture and Rural Development must submit the report on the number and nomenclature of state-reserved pesticides to the Prime Minister to seek his decision;

b) Pesticides listed in the nomenclature of state-reserved commodities shall be managed and used under legal regulations on state reserve.

2. The use of pesticides listed in the nomenclature of state-reserved commodities shall be regulated as follows:

a) In the event of sudden and urgent needs, and with reference to the request of the President of the People’s Committee of the affected province, the Minister of Agriculture and Rural Development shall have the authority to allocate and dispense state-reserved pesticides to timely control and prevent plant pests and diseases, which is equivalent to that of the Minister of Finance to decide to spend on the state budget, stipulated by the State Budget Law and then report this to the Prime Minister, simultaneously notify the Ministry of Finance of such dispensation and allocation;

b) The President of the provincial People’s Committee must direct the receipt, storage and use of state-reserved pesticides with the aim of controlling plant pests and diseases in a timely and effective manner and for the right purpose, and report the final outcome of the use of state-reserved pesticides that have been dispensed to their local areas.

Article 21. Budget for the prevention and control of plant pests and diseases

1. The budget for the prevention and control of plant pests and diseases includes:

a) The State budget;

b) Plant owner’s expense;

c) Contributions and aids from domestic or foreign organizations, individuals, international organizations and other legal financial sources.

2. The Government shall regulate the mobilization, management and use of the budget for the prevention and control of plant pests and diseases.

Article 22. Contents of plant protection services

1. Investigate, forecast and provide information about harmful organisms on plants; give advice to plant owners to choose proper measures to be taken to prevent and control harmful organisms.

2. Apply appropriate measures for the control and prevention of harmful plant organisms, except for the measures or practices prescribed in Clause 2 Article 34 of this Law.

Article 23. Requirements for plant protection services

1. Organization and individual shall be entitled to provide plant protection services provided that they can satisfy the following requirements:

a) Any entity who directly supply plant protection services must achieve an associate degree or higher in agriculture, horticulture, plant protection, biology or a certificate of completion of training in the plant protection;

b) Relevant facilities and equipment required to provide plant protection services must be made available;

c) Contact address must be definite and lawful;

d) A written consent from the People’s Committee of the hamlet where these organizations, individuals are legally located must be present.

2. The Minister of Agriculture and Rural Development shall be responsible to provide detailed regulations enshrined in this Law.

Article 24. Rights and obligations of plant protection service providers

1. Plant protection service providers shall have the following rights:

a) Receive payments for their provision of plant protection services under the contract with plant owners;

b) Attend training courses to improve knowledge about the control and prevention of harmful organisms, depending on specific conditions at each locality;

c) Participate in information and communication programs for the prevention and control of harmful organisms on plants;

d) Exercise their right to lodge an appeal against the conclusion and decision of competent inspection and state management agencies under legal regulations on appeals.

2. Plant protection service providers must fulfill the following obligations:

a) Keep satisfying necessary requirements under regulations described in Article 23 of this Law in the course of providing plant protection services;

b) Comply with legal regulations on the plant protection and quarantine;

c) Observe legal regulations on contracts and laws on labor as well as other obligations;

d) Pay compensations under legal regulations.

Chapter 3.

PLANT QUARANTINE

Article 25. Regulations on the plant quarantine

1. The plant quarantine must be performed for imported and exported plant quarantine articles or those in transit and it also involves the quarantine practices on domestic plants in accordance with this Law, except for any exemption and relief of the plant quarantine stipulated by the Minister of Agriculture and Rural Development.

2. In each period, the Minister of Agriculture and Rural Development shall issue the following nomenclatures:

a) Nomenclature of plant quarantine articles;

b) Nomenclature of plant quarantine articles subject to the pest risk analysis before being imported into Vietnam;

c) Nomenclature of quarantine plant pests;

d) Nomenclature of regulated plant pests.

Article 26. Requirements for plant quarantine articles to be imported

1. Those listed in the nomenclature of plant quarantine articles must meet the requirements below before being imported:

a) Obtain the phytosanitary certificate issued by competent plant quarantine agencies located in exporting countries;

b) Confirm that none of harmful organisms in the nomenclature regulated at Point c and Point d Clause 2 Article 25 of this Law or alien harmful organisms is present;

c) Package of imported plant quarantine articles must be treated under Vietnam’s national technical regulations.

2. Articles listed in the nomenclature of plant quarantine articles which are subject to the pest risk analysis before being imported into Vietnam in accordance with regulations specified in Clause 4 Article 27 of this Law shall be allowed for importation if they can meet the following requirements:

a) Obtain the phytosanitary certificate issued by agencies specializing in the plant protection and quarantine at a central level in Vietnam;

b) Satisfy requirements regulated in Clause 1 of this Article.

Article 27. Pest risk analysis

1. Plant quarantine articles mentioned in the nomenclature of plant quarantine articles subject to pest risk analyses before being imported into Vietnam must undergo pest risk analyses.

2. Centrally-governed agencies specializing in the plant protection and quarantine in Vietnam take responsibility to perform the pest risk analysis on the basis of the information provided by the competent plant quarantine organization based in the exporting country as well as other available information.

3. Based on the result of plant pest analysis, centrally-governed agencies specializing in the plant protection and quarantine in Vietnam shall or shall not allow the importation of plant quarantine articles and must send a written notification to the competent plant protection organization based in the exporting country as well as related organization or individual.

4. The Minister of Agriculture and Rural Development shall regulate the information content required to be provided for the pest risk analysis; processes and contents of the pest risk analysis.

Article 28. Application and procedures for the issuance of the phytosanitary certificate for imported plants

1. Supportive documents for the application for the issuance of the phytosanitary certificate for imported plants must include:

a) A letter of request for the issuance of the phytosanitary certificate for imported plants;

b) A commercial contract;

c) A copy of the applicant’s Certificate of Business Registration.

2. Procedural steps in applying for the issuance of the phytosanitary certificate for imported plants are regulated as follows:

a) Organization, individual must submit their application for the phytosanitary certificate for their imported plants to centrally-governed agencies specializing in the plant protection and quarantine;

b) Within a period of 15 days from the date on which valid application documents are fully provided, centrally-governed agencies specializing in the plant protection and quarantine shall consider and issue the phytosanitary certificate for imported plants. Otherwise, they must make a written response in which reasons for the refusal of applicant’s requests must be clearly specified.

Article 29. Plant quarantine for the purpose of importation

1. Before being allowed to import plant quarantine articles, plant owners must follow procedures for the plant quarantine. Location where the plant quarantine is carried out is the first border checkpoint or anywhere through which these articles enter into Vietnam. In some special cases, the plant quarantine shall be performed in other locations where quarantine conditions are satisfactory, which depends on the decision made by centrally-governed agencies specializing in the plant protection and quarantine.

2. As for articles that are of high risk of infecting quarantine plant pests into Vietnam, the Minister of Agriculture and Rural Development shall regulate the bordergate through which they are imported into Vietnam.

3. Plant quarantine articles that are carried along with hand luggage or loaded on means of conveyance must be declared and inspected according to regulations enforced by the Minister of Agriculture and Rural Development.

4. Plant quarantine articles shall be granted the customs clearance only after required procedures for imported plant quarantine have been completed.

5. All procedures and processes for the plant quarantine must be gone through as prescribed in Article 33 of this Law.

Article 30. Plant quarantine after importation

1. Plant varieties that have not yet listed in the nomenclature of licensed plant varieties in Vietnam according to legal regulations on plant varieties and beneficial organisms used in plant protection products are legally imported provided that they comply with regulations described in Article 26 of this Law, which will be then subject to the plant quarantine after importation at the quarantine zone for the plant quarantine.

2. Plant varieties prescribed in Clause 1 of this Article shall be only planted outside the quarantine zone after agencies specializing in the plant protection and quarantine have come to conclusion that they are not infected with harmful organisms listed in the nomenclature regulated at Point c and Point d Clause 2 Article 25 of this Law or any alien harmful organisms.

3. Beneficial organisms shall be only bred and used after agencies specializing in the plant protection and quarantine come to conclusion that they have successfully met required standards for the plant quarantine that have been carried out at the quarantine zone.

4. The Minister of Agriculture and Rural Development shall provide detailed instructions on the number of plant variety samples and beneficial organisms allowed to be imported in accordance with regulations of this Law; facilities and conditions of quarantine zones; processes, procedures and contents of plant quarantine carried out at these quarantine zones.

Article 31. Plant quarantine for the purpose of exportation

1. Articles listed in the nomenclature of plant quarantine articles before being exported must undergo the plant quarantine and must apply for the issuance of the phytosanitary certificate.

2. Centrally-governed agencies specializing in the plant protection and quarantine must carry out the plant quarantine and issue the phytosanitary certificate as stipulated by Vietnam laws and required by importing countries.

3. Procedures and processes for the plant quarantine for the purpose of exportation must comply with regulations specified in Article 33 of this Law. If plant quarantine articles have successfully passed the phytosanitation measures at manufacturing facilities or origin places or storage located deep inside the domestic area, the phytosanitary certificate must be present at the final bordergate for exportation.

Article 32. In-transit plant quarantine

1. Plant quarantine articles in transit in Vietnam must be permitted by and satisfactorily takes the phytosanitary measures at the first border checkpoint where these articles enter into Vietnam.

2. Procedures and processes for the phytosanitary measures for in-transit plants must adhere to Article 33 of this Law.

Article 33. Processes and procedures for applying for the phytosanitation of imported, exported and in-transit plants and issuance of the phytosanitary certificate

1. Registration of the plant phytosanitation shall be regulated as follows:

a) Organization, individual before having their plant quarantine articles imported or in transit must register and submit their valid documentation to centrally-governed agencies specializing in the plant protection and quarantine for the plant phytosanitation;

b) Organization, individual before having their plant quarantine articles exported must register and submit their valid documentation to the nearest agency specializing in the plant protection and quarantine for the plant phytosanitation.

2. The phytosanitation of plant quarantine articles and issuance of the phytosanitary certificate shall be regulated as follows:

a) Within 01 working day from the date on which full valid documentation is received, the agency specializing in the plant protection and quarantine must make their decision and notify the location and time for the phytosanitation measures to owners of plant quarantine articles;

b) Within 24 hours from the start of the phytosanitation test, when realizing that requirements for the plant phytosanitation have been satisfied, the agency specializing in the plant protection and quarantine must issue the phytosanitary certificate.

If the procedures take more than 24 hours due to technical requirements or the issuance of the phytosanitary certificate is refused, the agency specializing in the plant protection and quarantine must send a written notification or response and clarify the reasons for this refusal to owners of plant quarantine articles.

3. The Minister of Agriculture and Rural Development shall provide detailed regulations enshrined in this Article.

Article 34. Treatment and processing of imported, exported or in-transit plant quarantine articles

1. Plant quarantine articles must be treated in case hereof:

a) Be infected with quarantine plant pests stipulated by Vietnam's laws, regulated plant pests or alien harmful organisms; Pose a high risk of carrying quarantine plant pests as prescribed in Vietnam’s laws;

b) Be subject to the treatment measures to fulfill requirements set out in the regulation on the plant quarantine by importing countries;

c) Unclaimed or unidentified articles or those which are of unknown origin.

2. Treatment methods are composed of vapor steam cleaning, temperature treatment, hot air and vapor heat treatment, irradiation, reexportation, destruction, export suspension, export and import prohibition as well as others.

3. The centrally-governed agency specializing in the plant protection and quarantine shall decide which treatment measures must be properly applied according to the regulations set out in Clause 2 of this Law, except for those stipulated by Article 35 of this Law.

4. Cost and expense incurred by the treatment of plant quarantine articles as stipulated at Point a and Point b Clause 1 of this Article shall be covered by owners of such articles; as regards those regulated at Point c Clause 1 of this Article, the cost and expense incurred shall be secured by the state budget.

5. The Minister of Agriculture and Rural Development shall provide detailed regulations enshrined in this Article.

Article 35. Suspension and prohibition of plant quarantine articles for exportation and importation

1. The exportation and importation of plant quarantine articles shall be suspended or banned in case hereof:

a) Imported articles are determined to have a high risk of carrying quarantine plant pests which can cause them to be introduced and spread, and pose a threat to domestic agriculture and national food security as well as result in severe damage to Vietnam's exportation;

b) Exported articles do not satisfy required standards for the plant quarantine set out by the importing country and can threaten Vietnam's exporting market.

2. If risks or threats specified in Clause 1 of this Article have been already managed, the importation and exportation of such articles shall be resumed.

3. Specific regulations shall be enshrined in this Article by the Government.

Article 36. Treatment practice of plant quarantine articles

1. The treatment of quarantine plant articles must be performed by the organization that holds the practicing certificate of plant quarantine articles.

2. Treatment practices of plant quarantine articles must include:

a) Vapor steam cleaning;

b) Temperature treatment;

c) Hot air and vapor heat treatment;

d) Irradiation;

dd) Other techniques.

Article 37. Requirements for the certification of the practicing treatment of plant quarantine articles

The organization that is eligible for the certification of the practicing treatment of plant quarantine articles must satisfy the following requirements:

1. In terms of material and technical conditions:

a) Build a treatment site of plant quarantine articles, workshop, facilities, warehouse of equipment and appliances which conform to the practicing capability;

b) Prepare a sufficient amount of devices and technical processes;

c) Ensure fire prevention and fighting, and environment protection in compliance with legal regulations.

2. In terms of human resource:

a) The direct manager, who is directly manage the treatment practices of plant quarantine articles, must achieve a bachelor’s degree at least and show his/her good health;

b) The employee, who is directly responsible for the treatment of plant quarantine articles, must be trained and his/her expertise and skills in the treatment of plant quarantine articles must be tested by the centrally-governed agency specializing in the plant protection and quarantine before the issuance of the practicing certificate; good health is obligatory as stipulated by laws.

3. The Minister of Agriculture and Rural Development shall provide detailed regulations enshrined in this Article.

Article 38. Application, procedure and authority for the certification of the treatment practice of plant quarantine articles

1. Application documents for the certification of the treatment practice of plant quarantine articles must include:

a) An application letter;

b) A copy of the applicant’s Certificate of Business Registration;

c) A demonstration of technical facilities and human resource to prove that the applicant is qualified for the treatment practice of plant quarantine articles as prescribed in Article 37 of this Law;

d) A certificate of competence and health certificate in conformity with regulations set out in Article 37 of this Law;

dd) A set of documents to prove satisfactory standards for fire prevention and fighting, and environment protection in compliance with legal regulations.

2. Procedure and application for the issuance of the practicing certificate of the treatment of plant quarantine articles shall be regulated as follows:

a) Any organization who wishes to provide the treatment service of quarantine plant articles must submit their documents to apply for the practicing certificate of plant quarantine articles to the centrally-governed agency specializing in the plant protection and quarantine;

b) Within a period of 15 days from the date on which valid application documents are fully provided, the centrally-governed agency specializing in the plant protection and quarantine must carry out the inspection on their conditions for service provision; if required conditions have been fully provided, the practicing certificate of the treatment of plant quarantine articles must be issued; otherwise, written response must be sent in which clear reasons for this refusal must be stated as well.

Article 39. Application document and procedure the certification of the treatment practice of plant quarantine articles

1. The renewal of the practicing certificate of the treatment of plant quarantine articles shall be permitted in the following cases:

a) Loss, error or damage;

b) A change to the scope and scale of work and any other information regarding the certificate holder;

c) The certificate is expired under the regulations specified in Article 40 of this Law.

2. Application documents for the reissuance of the practicing certificate of the treatment of plant quarantine articles must include:

a) An application letter;

b) The old practicing certificate of the treatment of plant quarantine articles, except for the loss;

c) A certificate of competence held by the direct manager; a certificate of completion of the training in the treatment of plant quarantine articles or the practicing certificate card held by the employee who are directly responsible for the treatment practice as stipulated in Article 37 of this Law;

d) A health certificate of the direct manager and the employees who are directly responsible for the treatment practice of plant quarantine articles;

dd) Technical manuals and instructions; list of equipment and devices available at the applying time;

e) A proof of fulfillment of requirements for fire prevention and fighting, and environment protection as prescribed in legal regulations.

3. Procedural steps in applying for the reissuance of the certificate of the treatment practice of plant quarantine articles shall adhere to regulations set out in Clause 2 Article 38 of this Law.

Article 40. Validity of the practicing certificate of the treatment of plant quarantine articles

1. The practicing certificate of the treatment of plant quarantine articles shall be valid within 05 years.

2. Before 03 months till the date on which the practicing certificate of the treatment of plant quarantine articles is expired, the practicing organization must submit their documents to competent certification agencies if they wish to get their certificate renewed.

Article 41. Revocation of the practicing certificate of the treatment of plant quarantine articles

1. The practicing certificate of the treatment of plant quarantine articles shall be revoked in the following cases:

a) It is deliberately erased or modified;

b) The practicing organization has committed law-breaking acts and has been liable for fines for administrative violations at the frequency of more than 3 times a year or for any violations in the field of plant protection and quarantine at the same frequency thereof;

c) The practicing organization has committed any other violations that cause their practicing certificate of the treatment of plant quarantine articles to be revoked as stipulated by laws.

2. The centrally-governed agency specializing in the plant protection and quarantine has the authority to revoke the practicing certificate of the treatment of plant quarantine articles.

Article 42. Rights and obligations of the practicing organization of the treatment of plant quarantine articles

1. The practicing organization of the treatment of plant quarantine articles has the rights as follows:

a) Conclude and enter into the contract with the owner of plant quarantine articles according to legal regulations;

b) Grant the certificate of completed treatment of plant quarantine articles;

c) Recommend technical measures for the treatment of plant quarantine articles to the agency specializing in the plant protection and quarantine;

d) Lodge an appeal against the conclusion and decision of competent inspection and state management agencies within their area of competence.

2. The practicing organization of the treatment of plant quarantine articles must secure the following obligations:

a) Deliver their services only after achieving the practicing certificate of the treatment of plant quarantine articles issued by the competent certification agency and ensure requirements specified in Article 37 of this Law to be consecutively fulfilled during their operation;

b) Provide the registered services as specified in the practicing certificate of the treatment of plant quarantine articles;

c) Carry out the treatment under the direction and supervision of the agency specializing in the plant protection and quarantine if the articles to be treated are infected with quarantine plant pests, regulated plant pests and alien harmful organisms;

d) Ensure no adverse impact on the quality of plant quarantine articles to be treated as well as human health;

dd) Bear responsibility for the result of the treatment of plant quarantine articles;

e) Observe legal regulations on contracts and labor laws as well as other obligations;

g) Send the annual report on the treatment of plant quarantine articles to the competent certification agency of the treatment of plant quarantine articles.

Article 43. Domestic plant quarantine

1. Upon transporting an article from the zone infected with quarantine plant pests to other areas, the owner of plant quarantine articles must inform the nearest agency specializing in the plant protection and quarantine to carry out the phytosanitation and obtain the phytosanitary certificate.

2. The article, which is infected with quarantine plant pests and already treated, must be inspected and monitored when being used at the locality.

3. Agriculture and forestry products stored in the warehouse, imported plant varieties and those that have been newly cultivated at the locality must be subject to the monitoring of harmful organisms.

4. Imported beneficial organisms in use must be tracked and assessed in order to timely detect and take immediate action against any possible harmful impact.

5. Harmful organism disinfected zone must be regularly monitored to sustain satisfactory conditions for the ongoing use.

6. The Minister of Agriculture and Rural Development shall provide detailed regulations enshrined in this Article.

Article 44. Responsibility assumed by agencies specializing in the plant protection and quarantine for the plant phytosanitation

1. Perform the phytosanitation of imported and exported plants.

2. Carry out the phytosanitation of domestic plants.

3. Conduct the phytosanitation of imported plants at the plant quarantine zone.

4. Monitor imported, exported, in-transit plant quarantine articles and those that are moved to the bonded warehouse.

5. Decide which pest control shall be applied; monitor and confirm the application of pest controls over plant quarantine articles for the export and import purposes.

6. Manage all activities relating to the treatment of plant quarantine articles.

7. Adopt and provide instructions on phytosanitary measures.

8. Carry out activities relating to the treatment of plant quarantine articles which are unclaimed and unidentified to be introduced into Vietnam.

9. Appoint the practicing organization specializing in the treatment of plant quarantine articles if the articles to be treated are infected with quarantine plant pests, regulated plant pests or alien harmful organisms; request the owner of such articles to be responsible for the treatment and pay any expenses incurred.

10. Cooperate with competent agencies specializing in the phytosanitation of plants coming from exporting countries in order to take phytosanitary measures at exporting countries or other phytosanitary requirements regulated by Vietnam.

11. Provide relevant information about the plant quarantine to related countries upon request.

Article 45. Duties and powers of plant quarantine officers

1. Carry out the plant quarantine activities as stipulated by this Law; strictly comply with any phytosanitary manuals or processes as well as bear responsibility for the fulfillment of their duties and powers.

2. Request owners of plant quarantine articles to provide relevant documents and materials, necessary facilities and human resource for the phytosanitation.

3. Provide instructions and carry out the supervision on phytosanitary measures and other control practices for plant quarantine articles.

4. Work at the testing and sampling throughout the phytosanitary processes as stipulated by laws.

5. As regards any secret regarding national defence and security as well as other special cases, they are provided with favorable conditions to fulfill their phytosanitary duties but must ensure the confidentiality.

Article 46. Regulations on clothes of plant quarantine officers

1. When fulfilling the phytosanitary tasks, plant quarantine officers must wear uniform with badge, stripe, insignia, nameplate and plant quarantine officer's card.

2. The Minister of Agriculture and Rural Development shall provide detailed regulations enshrined in this Article.

Article 47. Rights and obligations of the owner of plant quarantine articles

1. The owner of plant quarantine articles has the rights as follows:

a) Be provided with information about the plant quarantine;

b) Be guided by the agency specializing in the plant protection and quarantine to detect and classify harmful organisms and phytosanitary measures against any article infected with harmful organisms;

c) Request the agency specializing in the plant protection and quarantine to provide relevant information about the article subject to the pest risk analysis for importing countries;

d) File their appeals against the phytosanitary result and any decision that has been made by the agency specializing in the plant protection and quarantine.

2. The owner of plant quarantine articles must secure the following obligations:

a) Follow any request or order of plant quarantine officers such as opening or closing their means of transportation, warehouse, consignment, preparing necessary employees and devices to support the inspection and sampling; bear responsibility to safe-keep plant quarantine articles in the process of phytosanitation and show plant quarantine officers the place where plant quarantine articles are placed to take any phytosanitary measures;

b) Provide necessary information to support the phytosanitation upon the request of the agency specializing in the plant protection and quarantine;

c) Monitor and examine imported plant quarantine articles during transportation, storage and use. Whenever plant quarantine articles are found or suspected of being infected with quarantine plant pests, regulated plant pests or alien harmful organisms, the agency specializing in the plant protection and quarantine or the nearest People’s Committee of a hamlet must be promptly reported;

d) Take proper and timely phytosanitary measures for the treatment of plant quarantine articles under the decision and direction of the agency specializing in the plant protection and quarantine;

dd) Fully follow phytosanitary measures as specified in the phytosanitary certificate during the transportation, storage and use of plant quarantine articles;

e) Take on other obligations as stipulated b laws.

Chapter 4.

PESTICIDE MANAGEMENT

SECTION 1. PESTICIDE MANAGEMENT AND REGISTRATION

Article 48. General provisions

1. Pesticide refers to a kind of commodities that requires certain conditions for its trading and must be managed according to specific nomenclatures.

2. The Minister of Agriculture and Rural Development shall issue annual nomenclatures of permitted pesticides and nomenclature of prohibited pesticides in Vietnam.

3. Organization and individual are allowed to import, manufacture, trade and use any pesticide listed in the nomenclature of permitted pesticides in Vietnam.

4. Organization and individual who are licensed to import pesticides as regulated in Clause 2 Article 67 of this Law must adhere to the regulated use mentioned in the license.

Article 49. Unregistered pesticides or those that are removed from the Nomenclature of permitted pesticides in Vietnam

1. Pesticides that are not registered in the Nomenclature of permitted pesticides in Vietnam comprise include:

a) Any pesticide listed in the Nomenclature of prohibited pesticides;

b) Any pesticide that is of high risk of adversely impacting human health, domestic animals, ecology and environment;

c) Any finished pesticide product or active ingredient that consists of high content of toxicity classified into level I and II according to Globally Harmonized System (briefly called GHS) for the classification and labeling of chemicals, except for bio-pesticides and those used for vapor steam cleaning and rodenticides; termiticides for structural and dyke protection purpose; pesticides for the storage of forestry products which do not serve the purpose of food and herbal ingredients;

d) Any pesticide that have the same brand name as other pesticides listed in the Nomenclature of permitted pesticides in Vietnam;

dd) Any pesticide composed of the active ingredient methyl bromide.

2. Pesticides that are eliminated from the Nomenclature of permitted pesticides in Vietnam shall be specified as follows:

a) Any pesticide has been scientifically proven that it can cause harmful impact on human health, domestic animals, ecosystem and environment;

b) Any pesticide that is of low efficacy in killing harmful organisms;

c) Any pesticide that has been eliminated from the Nomenclature of permitted pesticides in Vietnam at any organization’s discretion.

3. The Minister of Agriculture and Rural Development shall provide detailed regulations enshrined in this Article.

Article 50. Organization and individual entitled to register their pesticides in Vietnam

1. Domestic organization, individual getting involved in the manufacturing of active ingredients, technical materials or finished pesticide products from technical materials.

2. Foreign organization and individual getting involved in the manufacturing of active ingredients, technical materials or finished pesticide products from technical materials, who have registered their legal representative offices, agencies or branches in Vietnam.

3. Any domestic or foreign organization and individual eligible for the manufacturing and trading of pesticides as stipulated in Article 61 and 63 of this Law, who are authorized by another organization and individual regulated in Clause 1 and 2 of this Article.

Article 51. Application and procedure for the issuance of the certificate of pesticide registration

1. Application documents for the certification of pesticide registration include:

a) An application letter;

b) A copy of the certificate of pesticide testing;

c) A pesticide label sample;

d) The result of the pesticide testing in Vietnam.

2. Procedures for the issuance of the certificate of pesticide registration are regulated as follows:

a) Organization, individual must submit their application for the certification of pesticide registration to the centrally-governed agency specializing in the plant protection and quarantine;

b) Within a period of 06 months from the date on which valid application documents are fully provided, the centrally-governed agency specializing in the plant protection and quarantine shall carry out the assessment and request the Minister of Agriculture and Rural Development to validate their pesticides in the Nomenclature of permitted pesticides in Vietnam; issue the Certificate of Pesticide Registration; in case of refusing to issue the certificate, they must send a written response to state clearly reasons for this refusal.

3. The certificate of pesticide registration shall be valid for 05 years and can be renewed.

Article 52. Application and procedure for the renewal of the certificate of pesticide registration

1. Before 03 months till the date on which the certificate of pesticide registration is expired and in case of having demand for renewal, organization and individual must submit their application documents for this.

2. Application documents for the renewal of the certificate of pesticide registration must include:

a) An application letter;

b) The current certificate of pesticide registration;

c) The label of pesticide that need to be renewed for the certificate of pesticide registration.

3. Procedures for the renewal of the certificate of pesticide registration are regulated as follows:

a) Organization, individual must submit their application for the renewal of pesticide registration certificate to the centrally-governed agency specializing in the plant protection and quarantine;

b) Within a period of 15 days from the date on which valid application documents are fully submitted, the centrally-governed agency specializing in the plant protection and quarantine shall proceed to renew the certificate of pesticide registration; otherwise, they must send a written response to clearly explain the reason for this rejection.

4. The renewed certificate of pesticide registration shall be valid for 05 years.

Article 53. Application and procedure for the reissuance of the certificate of pesticide registration

1. The certificate of pesticide registration shall be reissued in the following cases:

a) If it is lost, erroneous or damaged;

b) A change to the brand name or information relating to the applicant;

2. Application documents for the reissuance of pesticide registration must include:

a) An application letter;

b) A written confirmation of modified contents;

c) The old certificate of pesticide registration, except for the case in which the old certificate has been lost.

3. Procedures for the reissuance of the certificate of pesticide registration are regulated as follows:

a) Those prescribed at Point a Clause 1 of this Article shall comply with regulations specified in Clause 3 Article 52 of this Law;

b) Those prescribed at Point b Clause 1 of this Article shall comply with regulations specified in Clause 2 Article 51 of this Law;

Article 54. Revocation of the certificate of pesticide registration

1. The certificate of pesticide registration shall be revoked in the following cases:

a) If it is deliberately erased or changed;

b) Falsified documents or inaccurate information enclosed in the application are found;

c) Any organization and individual commits violations that cause their certificates to be revoked as stipulated by laws;

d) A decision on removing a pesticide from the Nomenclature of permitted pesticides in Vietnam is available.

2. The centrally-governed agency specializing in the plant protection and quarantine has the authority to revoke the certificate of pesticide registration.

SECTION 2. PESTICIDE TESTING

Article 55. Pesticide Testing

1. Testing must be conducted for every pesticide before entering the Nomenclature of permitted pesticides and for bio-pesticides of which the testing criteria are made less intense.

2. Pesticide testing shall be conducted only by the entities prescribed in Article 59 of this Law and after the pesticide testing permit is issued by the centrally-governed agency specializing in the plant protection and quarantine.

3. The Minister of Agriculture and Rural Development shall provide detailed regulations enshrined in this Article.

Article 56. Applications and procedures for issuing pesticide testing permits

1. Every application for pesticide testing permit includes:

a) A written request for issuing pesticide testing permit;

b) A proof of the compliance with requirements prescribed in Article 50 of this Law;

c) Technical documents of the pesticide

2. Procedures for issuing pesticide testing permit:

a) The applicant shall send the application for pesticide testing permit to the centrally-governed agency specializing in the plant protection and quarantine.

b) Within 30 days from the full receipt of the valid application, the centrally-governed agency specializing in the plant protection and quarantine shall issue the pesticide testing permit. Otherwise, a written reply and the explanation for this refusal must be sent.

3. The pesticide testing permit shall valid for 05 years.

Article 57. Re-issuance of pesticide testing permits

1. The re-issuance of pesticide testing permit shall be made if the permit is lost, inaccurate, damaged or there is a need to change the product’s name or the information on the entity described on the permit.

2. Every application for the re-issuance of pesticide testing permit includes:

a) A written request for re-issuing pesticide testing permit;

b) The old pesticide testing permit, except for the case of loss.

3. Procedures for re-issuing pesticide testing permit:

a) The applicant shall send the application for pesticide testing permit to the centrally-governed agency specializing in the plant protection and quarantine.

b) Within 10 days from the full receipt of the satisfactory application, the centrally-governed agency specializing in the plant protection and quarantine shall make the re-issuance of the pesticide testing permit, otherwise a written reply and the explanation for this refusal must be sent.

Article 58. Revocation of pesticide testing permits

1. The pesticide testing permit shall be revoked in the following cases:

a) The contents on the permit are altered;

b) Any false document or information in the application is detected;

c) The pesticide threatens human and animal health, vegetation, ecosystem and the environment according to the regulations of the Minister of Agriculture and Rural Development.

2. The centrally-governed agency specializing in the plant protection and quarantine shall have the jurisdiction to revoke pesticide testing permits.

Article 59. Requirements for pesticide testing organizations

1. Every pesticide testing organization must fulfill the following requirements:

a) The organization’s head must achieve a bachelor degree in plant protection, cultivation, biology or chemistry or higher and a certificate of completion of the training on pesticide testing.

b) Employees obtain suitable qualifications and experience the training courses on the pesticide testing;

c) The facilities are sufficient for the pesticide testing;

d) It does not or is authorized to register pesticides in Vietnam.

2. The Minister of Agriculture and Rural Development shall provide procedures for making and publishing the list of organizations which are qualified for conducting the pesticide testing.

Article 60. Entitlements and Obligations of pesticide testing organizations

1. Every pesticide testing organization is entitled to:

a) Be provided with information related to pesticide testing;

b) Collect payments charged for the pesticide testing according to the regulations;

c) Make complaints against decisions of competent agencies.

2. The pesticide testing organization must:

a) Give unprejudiced and accurate results of pesticide testing;

b) Comply with the technical testing regulations and standards;

c) Take legal responsibility for the testing result;

d) Keep all the preliminary testing figures for at least 05 years from the completion of the testing;

dd) Be subject to the supervision and inspection by the competent agencies;

e) Compensate for any damage according to the regulations of the Law.

SECTION 3. MANUFACTURE, TRADE, IMPORTATION, EXPORTATION, TRANSPORTATION, STORAGE, ADVERTISEMENT, PACKAGING, LABELING AND USE OF PESTICIDE

Article 61. Requirements for pesticide manufacturers

1. Technical facility requirements:

a) The factory and warehouse of the manufacturer must be built with sufficient space and safe distances in order to ensure the safety for people, animals and environment according to the regulations;

b) Machines, equipment and technology process must be suitable for the manufacturing of pesticides;

c) Waste treatment system must meet the national technical regulations and standards for the environment protection;

d) The manufacturer should have equipment in order to inspect the quality of the pesticides to be produced. If it does not have sufficient equipment, it must enter into a contract for the quality examination with an organization specializing in the pesticide quality examination for every product batch.

2. Personnel requirements:

a) The production supervisor must achieve a bachelor degree in the plant protection, biology or chemistry or any other higher degrees;

b) The employees who directly participate in the production must be well-trained.

3. The Minister of Agriculture and Rural Development shall provide National technical regulations and detailed requirements applied to pesticide manufacturers.

Article 62. Entitlements and obligations of pesticide manufacturers

1. Every pesticide manufacturer is entitled to:

a) Produce pesticides on the Nomenclature of permitted pesticides;

b) Import pesticides for the manufacturing or re-exportation purposes according to terms and conditions agreed in the contract with foreign partners;

c) Advertise the pesticides according to Article 70 of this Law and the Law on advertisement;

d) Enjoy other rights according to this Law and other relevant legal regulations.

2. The pesticide manufacturer must:

a) Apply the National technical regulations and their internal criteria set out for the pesticide production;

b) Employ healthy employees and train them on the occupational safety and professional knowledge.

c) Take responsibility for the quality of the pesticides and only launch the pesticides that are of satisfactory quality to the market.

d) Provide necessary documents for the inspection by competent agencies according to the regulations of the Law;

dd) Compensate for any damage at the manufacturer’s fault according to the regulations of the Law;

e) Recall pesticides according to Clause 2 Article 73 of this Law in case they fail to meet the regulated requirements;

g) The manager of pesticide production establishment must provide the training on the use of pesticides; provide adequate professional training for employees who directly participate in the pesticide production;

h) Comply with the regulations of the Laws on fire prevention and fighting, chemicals, Labor and environment;

i) Comply with the regulations of the Laws on environmental protection tax and other relevant laws.

Article 63. Requirements for trading pesticides

1. Pesticide traders must fulfill all the following requirements:

a) They must have a lawful store which has sufficient area and is located at a safe distance away from people, domestic animals in order to ensure the safety for them and protect the environment according to the legal regulations;

b) The entity must have proper warehouse and equipment in order to store the pesticide and deal with any trouble that arises;

c) The owner and the salespersons of the store must achieve an associate degree in plant protection, cultivation, biology or chemistry or any higher degree, or a certificate of completion of the professional training on pesticides.

2. The Minister of Agriculture and Rural Development shall provide detailed regulations enshrined in this Article.

Article 64. Entitlements and Obligations of pesticide trading entities

1. Pesticide traders are entitled to:

a) Trade finished pesticide products listed in the Nomenclature of permitted pesticides;

b) Be provided with relevant information and guidance related to the pesticides;

c) Be provided with the training on the safe use, storage, transportation and problem-solving skills related to the pesticides for the owner and the salespersons of the store.

2. The pesticide trader must:

a) Comply with the regulations of the Law on managing pesticides;

b) Only let employees sell pesticide if they are healthy and have been trained properly;

c) Publish the selling price and keep logbook for the sale of pesticides;

d) Give instruction manuals of using the pesticides to buyers according to their labels;

dd) Take remedial measures on finding any leakage and dispersion of pesticide that may cause negative impacts on human, animal health and the environment, send a report to the People’s Committee of commune in order for the People’s Committee to supervise, give warnings and take preventive measures to prevent any unexpected situations.

e) Only sell pesticides serving as a vapor steam cleaner to the person who holds the practicing card of plant quarantine article treatment or the organization that hold the practicing certificate of plant quarantine article treatment;

g) Provide relevant information about the sale of pesticides for competent agencies upon request;

h) Compensate for any damage at the trader’s fault according to the regulations of the Law;

i) Notify the direct distributor or the manufacturer of any pesticide that is found not to meet the requirements in order for the distributor or the manufacturer to recall such sold pesticide; Participate in recalling the sold ineligible pesticide;

k) Comply with the regulations of the Laws on fire prevention and fighting, chemicals, occupational and environmental safety;

l) Comply with the regulations of the Laws on environmental protection tax and the relevant regulations.

Article 65. Application, procedure for and authority to issue and revoke the Certificate of eligibility for pesticide production or the Certificate of eligibility for pesticide trading

1. Applications for the Certificate of eligibility for pesticide production and trading include:

a) A written request for issuing Certificate of eligibility for pesticide production or trading;

b) A copy of the Certificate of Business Registration;

c) A statement on the technical facilities and personnel which fulfill the pesticide production or trading requirements according to Articles 61 and 63 of this Law;

d) Qualifications and certificates of the training on the pesticides of the owner and employees who directly participate in the production or trading according to Articles 61 and 63 of this Law;

dd) The health certificates of the owner and the employees;

e) A proof of the fulfillment of requirements of fire prevention and fighting and environmental protection according to the regulations of the Law;

2. Procedures for issuing Certificate of eligibility for pesticide production or trading:

a) A pesticide manufacturer or seller shall send an application for the Certificate of eligibility for pesticide production or trading to the centrally-governed agency specializing in the plant protection and quarantine according to Clause 4 this Article;

b) The centrally-governed agency specializing in plant protection and quarantine shall carry out an inspection of the production or trading conditions of the applicant after receiving the satisfactory application; If all the requirements are met, the authority shall issue the Certificate of eligibility for pesticide production or trading to the applicant within 15 days from the inspection date, otherwise it shall reply with a notification and the explanation.

3. An issued Certificate of eligibility for pesticide production or trading shall be revoked in the following cases:

a) The contents on the certificate are altered;

b) The entity commits administrative violations at the frequency of 03 times in a year or an administrative violation against the regulations of plant protection and quarantine at the frequency of 03 consecutive times;

c) The entity commits another violation due to which the certificate shall be revoke according to the Law.

4. The jurisdiction to issue and revoke Certificates of eligibility for pesticide production or trading:

a) The centrally-governed agency specializing in the plant protection and quarantine shall have the jurisdiction to issue and revoke Certificates of eligibility for pesticide production.

b) Local agency specializing in the plant protection and quarantine shall have the jurisdiction to issue and revoke Certificates of eligibility for pesticide trading.

Article 66. Valid period of Certificate of eligibility for pesticide production or trading

1. Every Certificate of eligibility for pesticide production or trading is valid for 05 years.

2. If an entity wants to extend the Certificate of eligibility for pesticide production or trading, he/she must send an application for extension the certificate at least 03 months before it expires. Application, procedures for extension the certificate are prescribed in Clauses 1 and 2 Article 65 of this Law.

Article 67. Import and export of pesticides

1. An entity who registers for putting pesticides on the Nomenclature of permitted pesticides is allowed to import or authorize other entities to import such pesticides without an import permit except the cases prescribed in Clause 2 this Article.

2. An entity is required to obtain an import permit in order to import the following pesticides:

a) A pesticide which is not on the Nomenclature of permitted pesticides and imported for re-export or for manufacture for the purpose of export according to conditions of a contract signed with a foreign entity;

b) A pesticide used for steam treatment which contains methyl bromine and other active ingredient having class I or II acute toxicity according to the globally harmonized system (GHS);

c) A pesticide which is not on the Nomenclature of permitted pesticides and imported for testing in order to be registered;

d) A pesticide which is not on the Nomenclature of permitted pesticides and imported for researching; being used in foreign projects in Vietnam; being used as model or in exhibitions or a number of special cases according to the Minister of Agriculture and Rural Development;

dd) A pesticides which is on the Nomenclature of prohibited pesticides and imported for referential material;

3. Imported pesticides prescribed in Clause 1 and Point b Clause 2 this Article must pass a state quality inspection by the centrally-governed agency specializing in the plant protection and quarantine according to the regulations of the Law.

4. Every application for pesticide import permit includes:

a) A request for issuing pesticide import permit;

b) A copy of Certificate of Business registration of the applicant with regard to the cases prescribed in Point a, b and c Clause 2 this Article;

c) The documents proving the fulfillments the requirements prescribed in Clause 2 this Article.

5. Procedures for issuing pesticide import permit:

a) The applicant shall send the application for pesticide import permit to the centrally-governed agency specializing in the plant protection and quarantine;

b) Within 05 days from the receipt of the satisfactory application, the centrally-governed agency specializing in the plant protection and quarantine shall issue the pesticide import permit otherwise it shall reply with a notification and the explanation.

6. Pesticide trading entities are allowed to export finished pesticide products and technical materials according to the regulations of the Law on commerce of Vietnam and the importing countries.

Article 68. Transporting pesticides

1. The transport of pesticides must comply with the regulations on transporting hazardous products of the Law on roads, inland waterways, railway, airline, marine navigation, relevant law provisions and the International Agreements to which Vietnam is a signatory.

The transport of bio-pesticides which is not subjected to the regulations on transporting hazardous products shall comply with the relevant law provisions and the International Agreements to which Vietnam is a signatory.

2. If there is any leak or dispersion of pesticide during the transport, the driver, goods owner, owner of transporting mean must take measures for control the trouble and report the situation to the People’s Committee of the commune in which the trouble takes place in order for the People’s Committee to monitor, give warnings, and take measures for negative result prevention.

Article 69. Preservation of pesticides

1. The preservation of pesticides must comply with the guidance on the preservation of the manufacturer which is printed on the labels or packages; ensure the safety of people, animal and environment.

2. Pesticides preservation warehouses must have the safe distance from schools, hospitals, residential areas, ensure the technical requirements for preservation; ***; have equipment for handling troubles which is suitable to the nature of the preserved pesticides; comply with the regulations of the Laws on fire prevention and fighting; chemicals, work safety and environmental protection.

3. Bio-pesticide preservation warehouses which are not subject to the regulation in Clause 2 this Article must ensure no serious harm to the environment.

4. If a pesticide is leaking or dispersing that may be harmful to people, animals and the environment, pesticide storage entity must take necessary measures for controlling the consequence and report the situation to the People’s Committee of the commune in which the trouble takes place in order for the People’s Committee to monitor, give warnings, and take measures for negative result prevention. The entity who preserves such pesticide shall bear all costs of remedial measures for the trouble and compensate for the damages.

5. The Minister of Agriculture and Rural Development shall provide National technical regulations and detailed requirements applied to pesticide preservation warehouse.

Article 70. Advertisement of pesticides

1. Only the pesticides on the Nomenclature of permitted pesticides are allowed to be advertised.

2. The advertisement contents must be suitable with the contents of the pesticide registration certificate, the technical guidance of the local agency specializing in the plant protection and quarantine, contain the warnings about the hazards, toxicity and guidance on using the pesticide.

3. The advertisement of pesticides must comply with the regulations of the Law on advertisement;

Article 71. Packages and labels of pesticides

1. Every pesticide package must:

a) Be made from serviceable material which is not eroded by the contained pesticide;

b) Not affect the quality of the contained pesticide;

c) Meet the National technical regulations on pesticide packages or the published criteria of the manufacturer;

d) Be harmless to people, animals and the environment.

2. Every pesticide label must:

a) Be printed in Vietnamese;

b) Contain sufficient information on guidance on safe use of the pesticide;

c) Comply with the regulations on product labels and the guidance of the globally harmonized system (GHS)

d) Be suitable to the contents which are registered to the centrally-governed agency specializing in the plant protection and quarantine.

3. The Minister of Agriculture and Rural Development shall provide specifications, materials, methods of inspection of pesticide packages and labels.

Article 72. Entitlements and Obligations of pesticide using entities

1. Every entity using pesticides is entitled to:

a) Be provided with information and guidance on safe and efficient use of pesticides;

d) Request the pesticide selling entities to give guidance on using the pesticides according to the labels;

c) Be compensated for damages at the pesticide selling entity’s fault according to the regulations of the Law;

2. The entity using pesticides must:

a) Follow the guidelines on using pesticide prescribed in Clause 3 Article 4 of this Law; follow the guidance printed on the labels;

b) Use only the pesticides on the Nomenclature of permitted pesticides;

c) Take necessary measures for control the consequence if any trouble or negative impact on people and the environment is detected during the use of pesticide, and report the situation to the People’s Committee of the commune in order for the People’s Committee to take timely remedial measures;

d) Preserve pesticides, arrange used packages properly;

dd) obtain a certificate of training on disinfecting steam treatment before using pesticides for such treatment according to the regulations of the Minister of Agriculture and Rural Development.

e) Compensate for damages which are caused by using pesticides improperly.

SECTION 4. RECALL, DESTRUCTION, COLLECTION OF AND MEASURES FOR PESTICIDE PACKAGE AFTER USE

Article 73. Recall and management of pesticides

1. Pesticides must be recalled in the following cases:

a) The pesticides do not meet the national technical regulations and standards;

b) The pesticides have expired;

c) Packages or labels of the pesticides are improper.

2. On finding that a pesticide must be recalled, the pesticide manufacturer or importer is responsible for announcing through mass media the pesticide and recalling the pesticide.

If the pesticide manufacturer or importer is not willing to recall the pesticide, the competent agencies shall force the recall.

3. The handling measures for recalling pesticides include:

a) Re-export;

b) Re-processing

c) Rectification of packages and/or labels

d) Destruction.

The Minister of Agriculture and Rural development shall provide guidelines for this Clause.

4. Jurisdiction over recalled pesticides:

a) Local agency specializing in the plant protection and quarantine shall decide measures and time for dealing with the recalled pesticides; inspect the recall and management of pesticide of local trading entities; take actions against the violations on pesticide recall of local trading entities according to the regulations;

b) The centrally-governed agency specializing in the plant protection and quarantine shall decide measures and time for dealing with the recalled pesticides; inspect the recall and management of pesticide of manufacturers; take actions against the violations on pesticide recall of trading entities if the recall takes place in many central-affiliated cities and provinces;

5. The pesticide manufacturers and importers having recalled pesticides shall bear all costs of the recall and management.

Article 74. Destruction of pesticides

1. A pesticide shall be destroyed in the following cases:

a) The pesticide is listed on the Nomenclature of prohibited pesticides or not on the Nomenclature of permitted pesticides except the cases prescribed in Points a, c and d Clause 2 Article 67 of this Law;

b) The pesticide is fake;

c) The pesticide has been expired and cannot be recycled.

d) The pesticide does not meet the national technical regulations and standards and cannot be recycled or re-exported;

dd) The pesticide does not have an owner or clear origin.

2. The entity that has demand for pesticide destruction must conduct the destruction and pay all costs according to the regulations of the Law on managing hazardous wastes and the Law on environmental protection.

3. The provincial People’s Committees shall instruct the destruction of abandoned pesticides and bear the costs.

Article 75. Collection and management of used pesticide packages

1. The collection and management of used pesticide packages must comply with the regulations of this Law and the regulations on managing hazardous waste of the Law on environmental protection.

2. The local budget for collecting and managing used pesticide packages shall be funded by the local state budget under the decision of the provincial People’s Committee.

3. The Ministry of Agriculture and Rural development shall take charge and cooperate with the Ministry of Natural Resources and Environment in providing guidelines for collecting used pesticide packages.

4. The Ministry of Natural Resources and Environment shall provide guidelines for managing used pesticide packages.

Chapter 5

IMPLEMENTATION

Article 76. Effect

1. This Law will take effect in January 01, 2015.

The Ordinance on the plant protection and quarantine No. 36/2001/PL-UBTVQH10 dated August 08, 2001 shall become invalid from the effective date of this Law.

2. Unexpired certificates of plant protection and quarantine which are issued before the effective date of this Law shall be valid until their expiring date.

Article 77. Specific provisions

The government shall provide specific provisions for this Law.

This Law has been passed in the XIII National Assembly of the Socialist Republic of Vietnam, Session 6 on November 25, 2013.

 

 

NATIONAL ASSEMBLY CHAIRMAN




Nguyen Sinh Hung

 

 


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          Loại văn bảnLuật
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          Cơ quan ban hànhQuốc hội
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