Circular No. 33/2014/TT-BNNPTNT dated October 20, 2014 of the Ministry of Agriculture and Rural Development providing the order and procedures for plant quarantine upon import, export and transit and post-import quarantine of articles subject to plant quarantine

CIRCULAR

Providing the order and procedures for plant quarantine upon import, export and transit and post-import quarantine of articles subject to plant quarantine[1]

Pursuant to Law No. 41/2013/QH13 on Plant Protection and Quarantine;

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

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

The Minister of Agriculture and Rural Development promulgates the Circular providing the order and procedures for plant quarantine upon import, export and transit and post-import quarantine of articles subject to plant quarantine.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Circular provides the order and procedures for plant quarantine and grant of plant quarantine certificates for import, export and transit of articles subject to plant quarantine; and post-import plant quarantine.

In case plant quarantine treaties which the Socialist Republic of Vietnam has signed or acceded to contain different provisions, such treaties prevail.

Article 2.Subjects of application

This Circular applies to Vietnamese and foreign organizations and individuals engaged in the import, export and transit of, or post-import activities involving, articles subject to plant quarantine (below referred to as articles) in Vietnam.

Article 3.Interpretation of terms

In this Circular, the terms below shall be construed as follows:

1. Import covers import, temporary import and re-import of lots of articles, border-gate transfer and consignment to bonded warehouses.

2. Export covers export, temporary export and re-export of lots of articles.

3. Lot of articles means a certain volume of articles with the same conditions and elements with regard to the possibility of contagion.

4. Plant quarantine agencies include regional plant quarantine sub-departments and border-gate plant quarantine stations.

Article 4.General requirements for plant quarantine

1. To conduct inspection in a prompt manner and detect Vietnam’s plant quarantine objects and control objects and exotic harmful organisms on articles upon import, export and transit or after import.

2. To promptly apply appropriate measures for handling articles infested with Vietnam’s plant quarantine objects or control objects or exotic harmful organisms.

Article 5.Charges and fees

Article owners shall pay charges and fees for plant quarantine in accordance with the law on charges and fees.

Chapter II

ORDER AND PROCEDURES FOR PLANT QUARANTINE UPON IMPORT

Article 6.Dossier of registration for plant quarantine upon import

1. A written registration for plant quarantine (made according to the form provided in Appendix I to this Circular).

2. The plant quarantine certificate issued by a competent plant quarantine agency of the exporting country or a copy of such certificate.

In case an article owner submits a copy of the plant quarantine certificate, he/she must submit the original before being granted a plant quarantine certificate for import, transit or domestic transportation of the lot of articles.

3. The permit for plant quarantine upon import or a certified copy of such permit (in case a permit is required).

Article 7.Order and procedures for plant quarantine upon import

1. Registration for plant quarantine

An article owner shall submit a dossier of registration for plant quarantine upon import at a plant quarantine agency.

2. Receipt and examination of dossiers

The plant quarantine agency shall receive the dossier and examine its validity according to regulations. If the dossier is invalid, the plant quarantine agency shall request the article owner to supplement the dossier.

3. Inspection of articles

Based on dossier examination results, the plant quarantine agency shall decide on the place of quarantine and assign an officer to inspect the lot of articles in the following order:

a/ Preliminary inspection

To inspect the outside of the lot of articles, its packaging and carrier; slits, interstices and places where harmful organisms may hide; to collect insects that fly around, creep on or cling onto the lot of articles;

b/ Detailed inspection

To inspect the inside of the lot of articles and take samples according to National Technical Regulation QCVN 01-141:2013/BNNPTNT on phytosanitary sampling methods; to collect articles showing harmful signs or organisms; to analyze and assess collected samples of articles or harmful organisms.

4. Grant of plant quarantine certificates

a/ Within 24 hours since the quarantine starts, the plant quarantine agency shall grant a plant quarantine certificate for import, transit or domestic transportation, made according to the form provided in Appendix II to this Circular, if the lot of articles is not infested with Vietnam’s plant quarantine objects or control objects or exotic harmful organisms.

In case the time limit for grant of a certificate must be extended to more than 24 hours due to technical professional requirements or in case of refusal to grant a plant quarantine certificate, the plant quarantine agency shall issue a written notice or reply to the article owner clearly stating the reason.

b/ If detecting that the lot of articles is infested with Vietnam’s plant quarantine objects or control objects or exotic harmful organisms, the plant quarantine agency shall apply appropriate plant quarantine measures according to regulations;

c/ In case the lot of articles is transported by a seagoing vessel with a cargo hold of a height of 3 meters or higher and must be divided into several layers for inspection, after inspecting each layer, the plant quarantine agency shall, based on inspection results, grant a temporary certificate of plant quarantine results for the volume of inspected articles (made according to the form provided in Appendix III to this Circular);

After being granted the temporary certificate of plant quarantine results, the lot of articles may be transported to a warehouse and may be used for production or trading only after it is granted a plant quarantine certificate for import, transit or domestic transportation. Based on the results of inspection of the whole lot of articles, the plant quarantine agency shall grant a plant quarantine certificate for import, transit or domestic transportation for the lot of articles.

Article 8.Notification of plant quarantine

1. Notification to exporting countries

The Plant Protection Department shall notify competent plant quarantine agencies of exporting countries in the following cases:

a/ Imported articles are infested with Vietnam’s plant quarantine objects or control objects or exotic harmful organisms and plant quarantine measures have been applied for handling;

b/ Imported articles are not yet permitted to be imported into Vietnam;

c/ Imported articles do not have plant quarantine certificates issued by  competent agencies of exporting countries;

d/ Imported articles violate other Vietnam’s regulations on plant quarantine upon import.

2. Notification to article owners and related agencies

Plant quarantine agencies shall notify article owners and other related agencies in the following cases:

a/ The case provided at Point a, Clause 1 of this Article;

b/ The lots of articles are plant varieties or useful organisms.

Chapter III

ORDER AND PROCEDURES FOR PLANT QUARANTINE UPON EXPORT

Article 9.Dossier of registration for plant quarantine upon export

1. A written registration for plant quarantine upon export or re-export (made according to the form provided in Appendix IV to this Circular).

2. The plant quarantine certificate issued by the exporting country (in case of re-export).

Article 10.Order and procedures for plant quarantine upon export

1. Registration for plant quarantine

An article owner shall submit a dossier of registration to the nearest plant quarantine agency.

2. Receipt and examination of dossiers

The plant quarantine agency shall receive the dossier and examine its validity according to Clause 2, Article 7 of this Circular.

3. Inspection of articles

Based on dossier examination results, the plant quarantine agency shall decide on the place of quarantine which may be the production establishment, place of departure, inland storage or border-gate of exportation and assign its officers to inspect the lot of articles.

The inspection of the lot of articles shall comply with Clause 3, Article 7 of this Circular.

4. Grant of plant quarantine certificates

a/ Within 24 hours since the quarantine starts, the plant quarantine agency shall grant a plant quarantine certificate (made according to the form provided in Appendix V to this Circular) or a plant quarantine certificate for re-export (made according to the form provided in Appendix VI to this Circular), if the lot of articles satisfies the importing country’s plant quarantine requirements.

In case the time limit for granting a certificate must be extended to more than 24 hours due to technical professional requirements, the plant quarantine agency shall issue a written notice or reply to the article owner, clearly stating the reason.

b/ In case the lot of articles fails to satisfy the importing country’s plant quarantine requirements, the plant quarantine agency shall refuse to grant a plant quarantine certificate and notify such to the article owner.

Chapter IV

ORDER AND PROCEDURES FOR PLANT QUARANTINE UPON TRANSIT

Article 11.Dossier of registration for plant quarantine upon transit

1. A written registration for plant quarantine (made according to the form provided in Appendix I to this Circular).

2. The plant quarantine certificate issued by the exporting country or a copy of such certificate.

In case the article owner submits a copy of the plant quarantine certificate, he/she must submit the original before the lot of articles is granted a plant quarantine certificate for import, transit or domestic transportation.

3. The original permit for plant quarantine upon import or a copy of such permit.

Article 12.Order and procedures for plant quarantine upon transit

1. Registration for plant quarantine

An article owner shall submit a dossier of registration for plant quarantine upon import at a plant quarantine agency.

2. Receipt and examination of dossiers

The plant quarantine agency shall receive the dossier and examine its validity according to Clause 2, Article 7 of this Circular.

3. Inspection of articles

Based on dossier examination results, the plant quarantine agency shall decide on the place of quarantine and assign an officer to inspect the lot of articles in the following order:

a/ Preliminary inspection

To inspect the outside of the lot of articles, its packaging and carrier; slits, interstices and places where harmful organisms may hide; to collect insects that  fly around, creep on or cling onto the lot of article.

b/ Detailed inspection

To inspect the packaging and intactness of the lot of articles; to analyze and assess collected samples of articles or harmful organisms.

In case the packaging of the lot of articles is unsecure, the article owner shall re-package it.

4. Grant of plant quarantine certificates

a/ Within 24 hours since the quarantine starts, the plant quarantine agency shall grant a plant quarantine certificate for import, transit or domestic transportation, if the lot of articles satisfies plant quarantine requirements upon transit;

b/ If detecting that the lot of articles is infested with Vietnam’s plant quarantine objects or control objects or exotic harmful organisms, the plant quarantine agency shall apply plant quarantine handling measures according to regulations.

Chapter V

POST-IMPORT PLANT QUARANTINE

Article 13.Articles subject to post-import plant quarantine

1. Cuttings, seedlings, bulbs, slips and grafts which are subject to post-import plant quarantine according to pest risk analysis results.

2. Useful organisms.

Article 14.Quantity of articles required for post-import plant quarantine

1. Cuttings, scions, trees or bulbs: 30-50 individuals.

2. Slips or grafts: 10-20 branches.

3. Useful  organisms: The quantity shall be specified in pest risk analysis reports.

Article 15.Contents of post-import plant quarantine

1. For plant varieties:

To inspect implicit harmful organisms determined in pest risk analysis reports.

2. For useful organisms:

To examine tameness and host-parasite specificity in isolated rearing areas. For useful insects and spiders, the criterion of  grade-2 parasites shall be further examined.

Article 16.Process of post-import inspection in isolated rearing areas

1. Initial inspection

To preliminarily inspect the status of the lot of articles; to record related information.

2. Inspection of the lot of articles

a/ For plant varieties

The whole lot of articles shall be sown and grown in an isolated plant  quarantine area. Conditions on isolated plant quarantine areas shall comply with relevant national technical regulations issued by the Ministry of Agriculture and Rural Development;

To apply care measures suitable to each type of variety so as to ensure that trees will develop well and create the most favorable conditions for appearance of signs of harmful organisms;

To conduct periodical or unexpected inspection of all trees;

To collect the samples of trees showing abnormal signs, harmful organisms or harmful signs so as to determine disease-causing agents in laboratories.

b/ For useful organisms

To inspect all individuals to assess their tameness;

To inspect and determine the host-parasite specificity of the lot of articles;

For useful insects and spiders, to inspect and supervise the status of the lot of articles every day and collect deceased individuals for inspection of grade-2 parasites.

3. Post-import plant quarantine results

Upon the expiration of the required monitoring period, agencies conducting post-import plant quarantine shall report inspection results to the Plant Protection Department for consideration and decision.

Article 17.Inspection and monitoring period

The period of post-import inspection, monitoring and plant quarantine of each type of plant variety and useful organisms is as follows:

1. Scions, cuttings, slips and grafts: from 1 to 2 years.

2. Trees: from 6 to 12 months.

3. Bulbs: 1 growth cycle.

4. Useful organisms: At least 1 generation.

Chapter VI

ORGANIZATION OF IMPLEMENTATION AND IMPLEMENTATION PROVISIONS

Article 18.Responsibilities of the Plant Protection Department

1. To direct, guide and examine plant quarantine agencies in implementing this Circular.

2. To notify exporting countries of the cases provided in Clause 1, Article 8 of this Circular.

3. To organize public communication and dissemination of this Circular to related organizations and individuals.

Article 19.Responsibilities of plant quarantine agencies

1. To receive and examine dossiers, inspect lots of articles, grant plant quarantine certificates and perform other plant quarantine operations under this Circular.

2.  To preserve, send, transport and destroy samples of articles or harmful organisms; to make and preserve plant quarantine dossiers according to current regulations.

Article 20.Effect

This Circular takes effect on January 1, 2015, and replaces the Minister of Agriculture and Rural Development’s Circular No. 65/2012/TT-BNNPTNT of December 26, 2012, providing the order and procedures for grant of plant quarantine certificates. To annul Forms 3, 7, 8, 9, 10 and 11 provided in Appendix I to the Ministry of Agriculture and Rural Development’s Circular No. 14/2012/TT-BNNPTNT of March 27, 2012, guiding plant quarantine operation dossiers.

Article 21.Organization of implementation

The Director of the Plant Protection Department, heads of agencies and related organizations and individuals shall implement this Circular.

Any problems arising in the course of implementation should be reported to the Ministry of Agriculture and Rural Development (the Plant Protection Department) for consideration and settlement.-

For the Minister of Agriculture and Rural Development
Deputy Minister
LE QUOC DOANH

*All appendices to this Circular are not translated.