VietnameseCircular No. 60/2009/TT-BNNPTNT dated September 16, 2009 of the Ministry of Agriculture and Rural Development guiding the Government’s Decree No. 12/2006/ND-CP dated January 23, 2006, detailing the Commercial Law’s provisions on international goods trading and goods trading, processing and transit agency with foreign countries in the domains of agriculture, forestry and fisheries
ATTRIBUTE
Circular No. 60/2009/TT-BNNPTNT dated September 16, 2009 of the Ministry of Agriculture and Rural Development guiding the Government’s Decree No. 12/2006/ND-CP dated January 23, 2006, detailing the Commercial Law’s provisions on international goods trading and goods trading, processing and transit agency with foreign countries in the domains of agriculture, forestry and fisheries
| Issuing body: | Ministry of Agriculture and Rural Development | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 60/2009/TT-BNNPTNT | Signer: | Cao Duc Phat |
| Type: | Circular | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 16/09/2009 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Agriculture - Forestry , Commerce - Advertising |
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THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT ------------------ 60/2009/TT-BNNPTNT | SOCIALIST REPUBLIC OF VIETNAM Independence- Freedom- Happiness ---------------- Hanoi, September 16, 2009 |
CIRCULAR
Guiding the Government’s Decree No. 12/2006/ND-CP dated January 23, 2006, detailing the Commercial Law’s provisions on international goods trading and goods trading, processing and transit agency with foreign countries in the domains of agriculture, forestry and fisheries
Pursuant to the Government’s Decree No. 01/2008/ND-CP dated January 3, 2009, defining the functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;
Pursuant to the Government’s Decree No. 12/2006/ND-CP dated January 23, 2006, detailing the Commercial Law’s provisions on international goods trading and goods trading, processing and transit agency with foreign countries;
Pursuant to the Government’s Decree No. 32/2006/ND-CP dated March 30, 2006, on management of endangered, precious and rare forest plants and animals;
Pursuant to the Government’s Decree 82/2006/ND-CP dated August 10, 2006, on management of export, import, re-export, introduction from the sea, transit, breeding, rearing and artificial propagation of endangered species of precious and rare wild fauna and flora;
The Ministry of Agriculture and Rural Development guides the import and export of goods subject to specialized management by the agriculture sector as follows:
CHAPTER I
GENERAL PROVISIONS
Article 1.
Scope of regulation
This Circular prescribes the order of and procedures for import and export of goods subject to specialized management by the agriculture, forestry and fisheries sectors, including:
a/ Export of timber and timber products from domestic natural forests; firewood originating from domestic natural forests;
b/ Import and export of endangered, precious and rare wild animals and plants;
c/ Import and export of plant varieties;
d/ Import and export of livestock breeds;
e/ Import and export of live aquatic products and breeder aquatic species;
f/ Import of veterinary drugs, and materials for veterinary drug production, vaccines, biologicals, microorganisms and chemicals to be used for animals and aquatic species;
g/ Import of plant protection drugs, materials for production of these drugs, and living organisms in the plant protection domain;
h/ Import of feeds and materials for production of feeds; aquatic feeds and materials for production of aquatic feeds;
i/ Import of fertilizers and fertilizer preparations;
j/ Import and export of gene sources of plants, domestic animals and microorganisms for scientific and technical research and exchange.
Article 2.
Principles for implementation of regulations on animal and plant quarantine and inspection of imported goods
1. Before customs clearance, imports subject to animal, aquatic, animal product and aquatic product quarantine must comply with decisions of the Minister of Agriculture and Rural Development or the former Minister of Fisheries, promulgating the list of objects subject to animal, aquatic, animal product and aquatic product quarantine, the list of animals, the list of aquatic species, animal products and aquatic products subject quarantine, and the order of and procedures for the quarantine of animals, aquatic species, animal products and aquatic products, and veterinary hygiene inspection.
2. Before customs clearance, imports on the list of objects subject to plant quarantine must comply with the Ministry of Agriculture and Rural Development’s decisions promulgating Vietnam’s list of objects subject to plant quarantine, list of entities subject to plant quarantine, list of objects subject to plant quarantine and analysis of harmful epidemic danger before their importation into Vietnam, and the procedures for inspection of objects subject to plant quarantine and compilation of plant quarantine dossiers.
3. When there exists no animal or plant quarantine agency at a border gate, goods will be cleared from customs procedures under the mechanism of registration first and inspection later. Quarantine agencies may conduct quarantine concurrently with customs inspection of goods or after the completion of customs procedures at a time and place indicated in quarantine registration papers.
4. The quality of plant protection drugs and materials for the production of these drugs shall be inspected by the mode of registration before and quality inspection after customs clearance.
Chapter II
SPECIFIC PROVISIONS
Article 3.
Export of timber and timber products, firewood and charcoal from timber or firewood originating from domestic natural forests
1. Timber and timber products from domestic natural forests banned from export (except the cases specified in Clauses 2 and 3 of this Article) include:
a/ Log timber of all kinds;
b/ Sawn timber of all kinds;
c/ Products from endangered, precious and rare timber of group IA (except material evidence confiscated under the State’s current regulations) specified in the Government’s Decree No. 32/2006/ND-CP dated March 30, 2006, on the management of endangered, precious and rare forest animals and plants; and timber products specified in Appendix I to the Convention on International Trade of Endangered Species of Wild Fauna and Flora (CITES).
2. Timber products exported under specific conditions or permits
a/ Products from endangered, precious and rare timber of group IA, which are material evidence confiscated under the State’s current regulations, and of group IIA under the Government’s Decree No. 32/2006/ND-CP dated March 30, 2006, on management of endangered, precious and rare forest animals and plants, may only be exported in finished woodworks. Upon exportation of these products, traders shall only fully declare their quantities and categories with customs offices, without having to show the origin of timber and apply for permits.
Finished woodworks (including also fine-art and high-class woodworks) are timber products, which are completely assembled according to their utilities, or knocked down details of finished products and can be used immediately after they are assembled according to utilities of these products; produced by hand, by machine or by hand in combination with machine; and finished by carving, embossing, engraving, inlaying or turning, and surface-decorated (by lacquering, gold plating or gloss painting).
b/ When exporting timber products specified in Appendix II to CITES, CITES permits granted by the CITES Management Authority in Vietnam are required.
3. Firewood and charcoal made from domestic natural forest timber of lawful origin may be exported. Upon exportation of these products, traders shall only fully declare their quantities and categories with customs offices without having to show their origin.
Article 4.
Import and export of endangered, precious and rare wild animals and plants (except timber and timber products specified in Clause 1, Article 3)
1. Commercial export of the following endangered, precious and rare wild animals and plants from natural forests (except the cases specified in Clause 2 of this Article) is banned:
a/ Endangered, precious and rare forest animals of groups IB and IIB, forest plants of group IA, specified in the Government’s Decree No. 32/2006/ND-CP dated March 30, 2006, on management of endangered, precious and rare forest animals and plants.
b/ Wild animals and plants specified in Appendix I to the CITES.
2. Export of endangered, precious and rare wild animals and plants requires permits of the CITES Management Authority in Vietnam in the following cases:
a/ Non-commercial export:
Endangered, precious and rare wild animals and plants specified in Clause 1 of this Article may be exported for diplomatic purpose, scientific research or exchange between zoological or botanical gardens, exhibition, circuit performance, and return of specimen between CITES Management Authorities of different countries.
b/ Commercial export:
- Endangered, precious and rare wild animals and plants from natural forests specified in Appendix II to the CITES.
- Natural forest plants of group IIA, specified in the Government’s Decree No. 32/2006/ND-CP dated March 30, 2006, on management of endangered, precious and rare forest plants and animals.
- Endangered, precious and rare wild animals and plants of groups I and II, specified the Government’s Decree No. 32/2006/ND-CP dated March 30, 2006, and wild animals and plants specified in Appendices I and II to the CITES, artificially bred or cultured and satisfy the conditions specified in the Government’s Decree No. 82/2006/ND-CP dated August 10, 2006, on management of export, import, re-export, introduction from the sea, transit, breeding, introduction from the sea, transit, breeding, rearing and artificial propagation of endangered species of precious and rare wild fauna and flora.
3. Import of wild animals and plants specified in Appendices of the CITES must obtain permits in writing by the CITES Management Authority in Vietnam.
Article 5.
Import and export of plant varieties
1. Export of plant varieties:
a/ Precious and rare plant varieties on the list of precious and rare plant varieties banned from export promulgated together with decisions of the Minister of Agriculture and Rural Development is banned from export.
b/ When exporting other plant varieties outside the above-said list, traders shall only carry out procedures at customs offices.
2. Import of plant varieties:
a/ When importing plant varieties on the list of plant varieties permitted for production and trading promulgated together with decisions of the Minister of Agriculture and Rural Development, traders shall only carry out procedures at customs offices without having to apply for permits.
b/ Import of plant varieties outside the above-said list for research, assay, trial production or other special purposes must be permitted in writing by the Ministry of Agriculture and Rural Developments Cultivation Department (for agricultural plant varieties) or Forestry Department (for forest plant varieties). Based on assay or trial production results, the Ministry of Agriculture and Rural Development shall recognize new plant varieties and add them to the list of plant varieties permitted for production and trading.
After obtaining assay results and written certification by the Cultivation Department and the Forestry Department that certain plant varieties have been assayed and permitted for production and trading, traders may import without permits these items pending the addition thereof to the list of plant varieties permitted for production and trading.
Article 6.
Import and export of livestock breeds
1. Export of livestock breeds:
a/ Precious and rare livestock species and breeds on the list of precious and rare livestock breeds banned from export promulgated by the Ministry of Agriculture and Rural Development is banned from export.
b/ When exporting other livestock species and breeds outside the above-said list, traders shall only carry out procedures at customs offices and produce animal quarantine certificates, if so requested by countries of importation or goods owners.
2. Import of livestock breeds:
a/ When importing livestock breeds on the list of livestock breeds permitted for production and trading promulgated together with decisions of the Minister of Agriculture and Rural Development, traders shall only carry out procedures at customs offices without having to apply for permits.
b/ Import of livestock species and breeds outside the above-said list requires assay permits granted by the Ministry of Agriculture and Rural Development’s Cultivation Department.
After obtaining assay results and written certification by the Cultivation Department that certain livestock breeds have been assayed and permitted for production and trading, traders may import without permits these items pending the addition thereof to the list of livestock breeds permitted for production and trading.
Based on assay results, the Ministry of Agriculture and Rural Development shall add assayed livestock breeds to the list of livestock breeds permitted for production and trading.
c/ Import of cattle embryos and sperm, cattle sperm- and egg-preparing solutions, and breeder poultry eggs must be permitted in writing by the Ministry of Agriculture and Rural Development’s Husbandry Department.
Article 7.
Import of veterinary drugs and materials for production of veterinary drugs, vaccines, biologicals, microorganisms and chemicals for veterinary use
1. When importing veterinary drugs and materials for production of veterinary drugs, biologicals and chemicals for veterinary use specified in the list of veterinary drugs and materials for the production of veterinary drugs permitted for circulation in Vietnam, promulgated together with decisions of the Minister of Agriculture and Rural Development, traders shall only carry out procedures at customs offices without having to apply for permits. Particularly for vaccines and microorganisms of all kinds, written approval of the Ministry of Agriculture and Rural Development’s Animal Health Department is required.
2. Import of veterinary drugs, materials for production of veterinary drugs, biologicals, microorganisms and chemicals for veterinary use outside the above-said list for assay purpose requires written approval of the Animal Health Department.
After obtaining assay results and written certification by the Animal Health Department assayed veterinary drugs, materials for production of veterinary drugs, biologicals, microorganisms and chemicals for veterinary use are up to the quality standards promulgated by the Ministry of Agriculture and Rural Development, traders may import without permits these items pending the addition thereof to the list of veterinary drugs, materials for production of veterinary drugs, biologicals, microorganisms and chemicals for veterinary use permitted for circulation in Vietnam.
Based on assay results, the Ministry of Agriculture and Rural Development shall add assayed items to the above-said list.
3. Import of veterinary drugs and vaccines in case of epidemics:
When epidemics occur, the import of veterinary drugs and vaccines not yet on the list of veterinary drugs and vaccines permitted for circulation in Vietnam shall be decided by the Ministry of Agriculture and Rural Development.
Article 8.
Import of plant protection drugs, materials for production of plant protection drugs and living organisms in the plant protection domain
1. When importing plant protection drugs and materials for production of plant protection drugs on the list of plant protection drugs permitted for use in Vietnam, promulgated together with decisions of the Minister of Agriculture and Rural Development, traders shall carry out procedures at customs offices without having to apply for permits.
2. Import of plant protection drugs and materials for production of plant protection drugs on the list of plant protection drugs restricted from use in Vietnam, promulgated together with decisions of the Minister of Agriculture and Rural Development requires permits granted by the Ministry of Agriculture and Rural Development’s Plant Protection Department.
3. Import of plant protection drugs and materials for production of plant protection drugs outside the list of plant protection drugs permitted for use in Vietnam requires permits granted by the Ministry of Agriculture and Rural Development’s Plant Protection Department.
After obtaining assay results and written certification by the Plant Protection Department that assayed plant protection drugs and materials for production of plant protection are up to the quality standards promulgated by the Ministry of Agriculture and Rural Development, traders may import without permits these items pending the addition thereof to the list of plant protection drugs permitted for circulation in Vietnam.
4. Import of plant protection drugs and materials for protection of plant protection drugs on the list plant protection drugs banned from use in Vietnam, promulgated together with decisions of the Ministry of Agriculture and Rural Development, is banned. In some cases, standard ingredients of plant protection drugs on the list of plant protection drugs banned from use may be imported for inspection of drug residues and illegally imported plant protection drugs but with permits of the Plant Protection Department.
5. First-time import of living organisms in the protection domain for assay purpose complies with Decision No. 34/2007/QD-BNN dated April 23, 2007, promulgating the list of objects subject to plant quarantine and compulsory analysis of latent epidemic hazards before their importation into Vietnam, and Decision No. 48/2007/QD-BNN dated May 29, 2007, promulgating the Regulation on procedures for granting licenses for imported plant quarantine of objects subject to compulsory analysis of latent epidemic hazards before their importation into Vietnam.
6. Importers of finished plant protection drugs and materials for production of plant protection drugs outside the list of plant protection drugs permitted for processing and packaging in Vietnam for re-export under contracts signed with foreign parties shall obtain import permits of the Ministry of Agriculture and Rural Development’s Plant Protection Department and such re-export shall be inspected by competent state agencies.
Article 9.
Import of livestock feeds and their materials
1. When importing livestock feeds and their materials on the list of livestock feeds and their materials permitted for import into Vietnam promulgated together with decisions of the Minister of Agriculture and Rural Development, traders shall only carry out procedures at customs offices without having to apply for permits.
2. Import of livestock feeds and their materials outside the list specified in Clause 1 of this Article for analysis or assay requires permits of the Husbandry Department. After obtaining assay results and written certification by the Husbandry Department that assayed livestock feeds and their materials are up to the quality standards promulgated by the Ministry of Agriculture and Rural Development, traders may import without permits these items pending the addition thereof to the list of livestock feeds and their materials permitted for import into Vietnam.
Based on assay or analysis results, the Husbandry Department shall propose the Ministry to decide to add assayed livestock feeds and their materials to the list of livestock feeds and their materials permitted for import into Vietnam.
3. Importers of livestock feeds and their materials outside the above-said list for production, processing and packaging in Vietnam for re-export purpose under contracts signed with foreign parties shall obtain the Ministry of Agriculture and Rural Development’s permits granted by the Husbandry Department and such re-export shall be inspected by competent agencies.
Article 10.
Import of fertilizers
1. When importing fertilizers on the list of fertilizers permitted for production, trading and use in Vietnam, promulgated together with decisions of the Minister of Agriculture and Rural Development, traders shall only carry out procedures at customs offices.
2. Import of fertilizers outside the above-said list for research or assay or other special purposes shall be permitted by the Ministry of Agriculture and Rural Development’s Cultivation Department. After obtaining assay results and written certification by the Cultivation Department that assayed fertilizers are up to the quality standards promulgated by the Ministry of Agriculture and Rural Development, traders may import without permits these items pending the addition thereof to the list of fertilizers permitted for production, trading and use in Vietnam.
Based on assay results, the Ministry of Agriculture and Rural Development shall recognize new fertilizers and add them to the list of fertilizers permitted for production, trading and use in Vietnam.
Article 11.
Import and export of gene sources of plants domestic animals and microorganisms for scientific and technical research and exchange
Import and export of all objects being gene sources of precious and rare plants, domestic animals, microorganisms and new biologicals for scientific and technical research and exchange must be permitted by the of Agriculture and Rural Development.
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