Ordinance No. 36/2001/PL-UBTVQH10 dated July 25, 2001 of the Standing Committee of National Assembly on the plant protection and quarantine

ORDINANCE

ON THE PLANT PROTECTION AND QUARANTINE

In order to enhance the State management effect, to raise the effectiveness of the prevention and elimination of organisms harmful to plant resources, contributing to developing the modern and sustainable agricultural production, protecting the people’s health, conserving the environment and maintaining the ecological balance;

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;

Pursuant to the Resolution of the Xth National Assembly, eighth session, on the 2001 law- and ordinance-making program;

This Ordinance prescribes the plant protection and quarantine,

Chapter I

GENERAL PROVISIONS

Article 1.-The plant protection and quarantine prescribed in this Ordinance cover the prevention and elimination of organisms harmful to plant resources, the plant quarantine and the management of plant protection drugs.

Article 2.-This Ordinance is applicable to Vietnamese and foreign organizations and individuals engaged in the production of, trading in, and use of plant resources, and in other activities related to the plant protection and/or quarantine on the Vietnamese territory, except for cases otherwise provided for by international agreements which the Socialist Republic of Vietnam has signed or acceded.

Article 3.-In this Ordinance, the following words and phrases are construed as follows:

1. "Plant resources" include useful plants and products thereof.

2. "Harmful organisms" include microorganisms, pests, weeds, mice and other organisms harmful to plant resources.

3. "Alien harmful organisms" mean harmful organisms not yet identified scientifically and not yet ever discovered at home.

4. "Useful organisms" include funguses, insects, animals and other organisms that have the effect on limiting the harms caused by harmful organisms to plant resources.

5. "Plant quarantine objects" are species of harmful organisms which are likely to cause serious damage to plant resources in areas where they have not yet appeared or have appeared on a narrow scale.

6. "Plant quarantine-liable articles" are plants, plant products, means of production, preservation and transport, or other articles capable of carrying plant quarantine objects.

7. "Plant resource owners" are organizations and individuals having the right to own, to use or directly manage plant resources.

8. "Owners of plant quarantine-liable articles" are organizations and individuals having the right to own, to use or directly manage such articles.

9. "Plant protection drugs" are preparations originating from chemicals, plants, animals, microorganisms and other preparations used to prevent and eliminate organisms harmful to plant resources.

10. "Plant varieties" include seeds, tubers, saplings, tree parts or other biological substances used for breeding.

11. "Imported plant varieties" are plant varieties imported from abroad for domestic research and/or cultivation.

Article 4.-Plant protection and quarantine shall be carried out on the following principles:

1. Prevention is most important. Detection and elimination must be timely and thorough, ensuring the effective prevention and elimination of harmful organisms, safety for the people’s health; limiting environmental pollution and maintaining ecological balance.

2. Combination of immediate and long-term benefits, ensuring common benefits of the entire society.

3. Application of scientific and technological advances, combination of modern sciences and technologies and the population’s experiences.

Article 5.-The State creates conditions for domestic and foreign organizations and individuals to invest in preventing and eliminating organisms harmful to plant resources.

The State encourages the investment and research in the production of, trading in and use of plant protection drugs of biological origin and less toxicity, as well as integrated preventive and eliminative measures.

Article6.-Stateagencies, economic organizations, political organizations, socio-political organizations, social organizations, socio-professional organizations, armed force units and all individuals shall have to abide by the provisions of this Ordinance.

The Vietnam Fatherland Front Committee and the Front’s member organizations shall, within the ambit of their tasks and powers, have to propagate and mobilize people to abide by, and supervise the implementation of, the law provisions on plant protection and quarantine.

Article 7.-All acts of causing harms to the plant resources, people’s health, environment and ecological system shall be strictly prohibited.

Chapter II

PREVENTION AND ELIMINATION OF ORGANISMS HARMFUL TO PLANT RESOURCES

Article 8.-The prevention and elimination of organisms harmful to plant resources must be carried out regularly, synchronously and timely through studying, experimenting, producing, exploiting, processing, preserving, trading, using, exporting, importing, temporarily importing for re-export, temporarily exporting for re-import, transiting and other activities related to plant resources.

Article 9.-The prevention and elimination of organisms harmful to plant resources cover:

1. Investigation, detection, projection, forecasting and notification of the possibility, time of emergence, distribution area and extent of harm caused by harmful organisms.

2. Decision and guidance on the application of measures to prevent and eliminate harmful organisms.

3. Guidance on the application of scientific and technological advances to the prevention and elimination of harmful organisms.

Article 10.-Plant resource owners shall have the following rights and obligations:

1. To request the competent State bodies in charge of plant protection and quarantine to notify the situation of harmful organisms in the areas and provide guidance on the application of preventive and eliminative measures.

2. To take initiative in making and implementing plans to prevent and eliminate harmful organisms.

3. To report to competent State bodies in charge of plant protection and quarantine upon the detection of harmful organisms capable of causing serious damage to plant resources.

4. To apply measures suited to their capability to effectively prevent and eliminate organisms harmful to plant resources, not to let them spread and destroy plant resources of other persons.

5. To apply preventive and eliminative measures in time in order to protect plant resources at the requests of the competent State bodies in charge of plant protection and quarantine.

Article 11.-

1. Where there are signs that harmful organisms may develop into a plague, the competent State bodies in charge of plant protection and quarantine must quickly determine and guide plant resource owners to promptly take preventive and eliminative measures.

2. When harmful organisms grow quickly and densely on a large scale, posing a danger of seriously damaging plant resources on the area of a province or centrally-run city, the president of the People’s Committee of such province or city shall consider and decide to declare the plague, then report it to the Minister of Agriculture and Rural Development. Where the plague occurs in an area covering two or more provinces, the Minister of Agriculture and Rural Development shall consider and decide to declare the plague, then report it to the Prime Minister.

Article 12.-Responsibilities of State bodies, organizations and individuals when there are plague declaration decisions:

1. The Minister of Agriculture and Rural Development shall guide and direct the localities where plagues occur to quickly stamp them out and prevent them from spreading to other areas; base himself/herself on the gravity of the plagues to decide or propose the Prime Minister to decide to apply necessary measures to stamp them out.

2. The presidents of the People’s Committees at all levels of the places where plagues outbreak must organize and direct concerned agencies to coordinate with social organizations, mobilize the people in these plague-stricken places to immediately take effective measures to stamp out the plagues and prevent them from spreading to other areas. Basing themselves on the danger and the contagiousness of the plagues, the presidents of the People’s Committees of the plague-stricken places shall report to their immediate superiors for the application of necessary measures to stamp out the plagues, overcome their consequences and prevent their possible re-occurrence.

3. Concerned plant resource owners, organizations and individuals in the plague-stricken places must apply measures to stamp out plagues under the guidance of the competent bodies.

When plagues are completely stamped out, the competent persons who have issued plague declaration decisions shall cancel such decisions.

Article 13.-The following acts are strictly forbidden:

1. Applying plant protection measures likely to pose danger to men, useful organisms and destroy the environment and ecological system.

2. Failing to apply preventive measures though being so capable of, thus letting harmful organisms develop into a plague and destroy plant resources.

3. Putting in trading and use products with residual volumes of plant protection drugs exceeding the permitted limits.

4. Importing, exporting, producing, transporting, stockpiling, trading in, and using plant varieties heavily infected with pests or carrying dangerous pests.

Chapter III

PLANT QUARANTINE

Article 14.-

1. The plant quarantine work must ensure accurate, quick and timely detection and conclusion of the situation on plant quarantine-liable articles infected with plant quarantine objects

2. The plant quarantine work includes:

a/ Applying measures to examine plant quarantine-liable articles;

b/ Deciding appropriate measures to handle articles infected with plant quarantine objects;

c/ Overseeing and certifying the application of handling measures;

d/ Investigating, monitoring and supervising the situation of harmful organisms on imported plant varieties and plant products kept in warehouses;

e/ Popularizing and guiding the methods of detecting and identifying plant quarantine objects, plant quarantine rules and measures.

3. The plant protection and quarantine agencies shall be furnished with necessary and modern equipment to discharge their assigned tasks.

Article 15.-For each period, the Minister of Agriculture and Rural Development shall determine and publicize the list of plant quarantine objects and the list of plant quarantine-liable articles

Article 16.-Owners of plant quarantine-liable articles must monitor the harmful organism-infection status of their plant quarantine-liable articles.

When detecting or doubting that there are plant quarantine objects which are on the publicized list or alien harmful organisms, the owners of the carrying articles must apply necessary measures to kill them and prevent their spread and at the same time immediately inform the competent State bodies in charge of plant protection and quarantine or the nearest local administrations thereof.

Article 17.-

1. When detecting plant quarantine objects which are on the publicized list or alien harmful organisms, the competent State bodies in charge of plant protection and quarantine must decide on measures to encircle and eliminate such objects and request the owners of the carrying articles to immediately apply these measures.

2. Where plant quarantine objects or alien harmful organisms have developed into a plague, the competent State bodies in charge of plant protection and quarantine shall have to immediately report such to competent bodies for decision to declare the plague under the provisions of Article 11 of this Ordinance.

Article 18.-

1. Plant quarantine shall apply to all plant quarantine-liable articles, which are imported, temporarily imported for re-export or temporarily exported for re-import.

2. Where plant quarantine objects are detected, they shall be handled as follows:

a/ If the articles are infected with plant quarantine objects which have not yet appeared on the Vietnamese territory but are on Vietnam’s list of plant quarantine objects, they shall be either banned from import and returned to their origin place or destroyed.

b/ If the articles are infected with plant quarantine objects which are distributed on a narrow scale on the Vietnamese territory and on Vietnam’s list of plant quarantine objects or other alien harmful organisms, before being transported inland, thorough handling measures decided by the competent State bodies in charge of plant protection and quarantine must be applied.

3. Where there are not enough grounds to make conclusions on the state of plant quarantine-liable articles being affected with plant quarantine objects, such articles must be put under strict preservation at a designated place. Within the time limit stipulated by the Government, competent State bodies in charge of plant protection and quarantine shall have to make conclusion so that such articles may be used or handled according to the provisions of Point a or Point b, Clause 2 of this Article.

Article 19.-

1. Useful organisms and plant resources which are imported for breeding or with possible use for breeding must be examined, supervised and closely monitored by the competent State bodies in charge of plant protection and quarantine according to the law provisions on plant protection and quarantine.

2. When transporting useful organisms or plant resources imported for breeding or with possible use for breeding from one locality to another, the article owners must notify the competent State bodies in charge of plant protection and quarantine of the destination localities for monitoring and supervision.

3. New plant varieties, which are imported for the first time, must be grown in mandated places to facilitate the monitoring of the situation of harmful organisms and can be put into production only after the competent State bodies in charge of plant protection and quarantine conclude that they carry no plant quarantine objects.

Article 20.-

1. The plant quarantine shall apply to exported plant quarantine-liable articles if the purchase and sale contracts or international agreements that the Socialist Republic of Vietnam has signed or acceded to stipulate that they must be quarantined.

2. Where plant quarantine-liable articles against which handling measures have been applied fail to meet plant quarantine standards, the competent State bodies in charge of plant protection and quarantine shall not grant plant quarantine certificates.

Article 21.-Organizations and individuals, before transiting plant quarantine-liable articles on the Vietnamese territory, must obtain the consent of the competent State bodies in charge of plant protection and quarantine and apply measures to prevent harmful organisms on such articles from spreading into Vietnam. In case of a spread, the article owners shall have to immediately report thereon to Vietnam’s nearest competent State bodies in charge of plant protection and quarantine and must apply protective measures and plant quarantine as provided for by Vietnamese laws.

Article 22.-Organizations and individuals, when importing, exporting, temporarily importing for re-export, temporarily exporting for re-import or transiting plant quarantine-liable articles in the cases specified in Clause 1, Article 18, Clause 1, Article 20, and Article 21 of this Law, shall have to declare such to the competent Vietnamese State bodies in charge of plant protection and quarantine at Vietnam’s land road, railway, river way, seaway, airway and postal border-gates and must obtain plant quarantine certificates granted by these bodies.

2. The competent State bodies in charge of plant protection and quarantine shall, upon receiving such written declarations, base themselves on the character, quantity and category of the goods to decide on, and notify the article owners of, the quarantine time and place.

3. The plant quarantine must be carried out right after the plant quarantine-liable articles arrive at the places designated by competent State bodies in charge of plant protection and quarantine.

4. The Government shall specify the plant protection and quarantine regime and standards for plant quarantine-liable articles which are exported, imported, temporarily imported for re-export, temporarily exported for re-import or transited.

Article 23.-Where foreign-originated plant quarantine-liable articles are scattered, abandoned in or illegally introduced into Vietnam, their owners or detectors must immediately report such to the competent Vietnamese State bodies in charge of plant protection and quarantine in the nearest places for handling.

Article 24.-Organizations and individuals that handle plant quarantine-liable articles by sterile steaming method must have practicing certificates and meet other conditions prescribed by the Government.

Article 25.-When performing quarantine tasks, State employees must wear uniform, badges, insignia and quarantine cards as prescribed by the Government.

Article 26.-Owners of plant quarantine-liable articles must pay plant protection and quarantine charges and fees according to law provisions.

Article 27.-It is strictly forbidden to bring into Vietnam or spread from one region to another in the country:

1. Plant quarantine objects on the publicized list.

2. Alien harmful organisms.

3. Soil containing harmful organisms.

Chapter IV

MANAGEMENT OF PLANT PROTECTION DRUGS

Article 28.-Plant protection drugs are goods subject to restricted and conditional business. The State performs the unified management over the production, export, import, preservation, stockpiling, transportation of, trading in, and use of plant protection drugs according to law provisions.

The State adopts preferential policies for research and investment in, production of, trading in, and use of plant protection drugs having biological origin and causing less toxicity.

Article 29.-The Ministry of Agriculture and Rural Development shall have to:

1. Provide for the assay and registration of new plant protection drugs for circulation in Vietnam.

2. Grant permits for the assay of new plant protection drugs, certificates of registration of plant protection drugs in Vietnam.

3. Annually publicize the detailed lists of plant protection drugs permitted for use, plant protection drugs for restricted use, and plant protection drugs banned from use, in Vietnam.

Article 30.-

1. The production, processing, bottling, packing, reservation, preservation, transportation of, trading in, use and destruction of plant protection drugs must ensure safety for human beings, plants, livestock and the environment.

2. Where plant protection drugs are scattered or leaked, the causers or their direct managers must promptly apply handling measures according to law provisions; if drugs are scattered or leaked in large quantities, thus possibly causing serious consequences, they must immediately report such to the competent State bodies in charge of plant protection and quarantine, environmental protection bodies, local administrations or concerned bodies for handling and must bear responsibility therefor according to law provisions.

3. Those who detect scattered or leaked plant protection drugs must immediately report such to State bodies in charge of plant protection and quarantine or the nearest People’s Committees.

Article 31.-

1. Those who personally manage and/or trade in plant protection drugs in the fields of production, processing, bottling, packing and trading must have practicing certificates and satisfy other conditions prescribed by the Government.

2. The licensing of foreign investment in the fields of plant protection drug production, processing, bottling and packing in Vietnam must be approved in writing by the Ministry of Agriculture and Rural Development.

3. The importation of plant protection drugs not on the lists of plant protection drugs permitted for use for assay and for use in foreign-invested projects which are permitted to use these drugs, and of plant protection drugs on the list of those subject to restricted use, must be permitted in writing by the Ministry of Agriculture and Rural Development.

Article 32.-

1. Organizations and individuals that import, produce, process, bottle, pack and/or trade in plant protection drugs must ensure the quality standards already registered with the competent State bodies in charge of plant protection and quarantine and their marks and labels be inscribed according to law provisions.

2. Organizations and individuals that use plant protection drugs must ensure the right objects, kinds, dosages and concentrations as prescribed, the right time, use duration, isolation duration and permitted scale.

3. Organizations and individuals that use plant protection drugs must ensure safety for human beings, plants, livestock, food quality and hygiene as well as environment and bear responsibility for the use of plant protection drugs at variance with the provisions of Clause 2 of this Article.

Article 33.-

1. Plant protection drugs that may be destroyed or returned to the places of their origin include:

a/ Plant protection drugs on the list of those banned from use in Vietnam;

b/ Fake plant protection drugs;

c/ Expired plant protection drugs which no longer have use value;

d/ Plant protection drugs of unidentified origin;

e/ Plant protection drugs outside the lists of those permitted for use in Vietnam.

The Government shall specify kinds of drug to be destroyed or returned back to their origin places.

2. The destruction of plant protection drugs and their packages must comply with the Government’s stipulations, be supervised and certified by the competent State bodies in charge of plant protection and quarantine, environmental protection bodies and local administrations.

3. For plant protection drugs which have been handled with measures of destruction or returning back to their places of origin, organizations and individuals that have imported, produced and/or traded in such plant protection drugs must incur all expenses therefor.

Article 34.-The reservation of plant protection drugs is prescribed as follows:

1. At the central level, there shall be the national reserve of plant protection drugs.

2. In provinces and centrally-run cities, there shall be local reserves of plant protection drugs.

The setting up of the reserves of plant protection drugs, the management and use of reserve plant protection drugs shall be stipulated by the Government.

Article 35.-All the following acts are strictly forbidden:

1. Producing, processing, bottling, packing, importing, stockpiling, transporting, trading in and using plant protection drugs on the list of those banned from use; fake plant protection drugs, plant protection drugs of unidentified origin; plant protection drugs having marks or labels at variance with law provisions; plant protection drugs outside the lists of those restricted from use and permitted for use in Vietnam, except for cases where they are permitted under the provisions of Clause 3, Article 31 of this Ordinance.

2. Importing, trading in and using expired plant protection drugs.

3. Advertising plant protection drugs which are banned, or restricted from use, or outside the list of those permitted for use, or at variance with their registered contents.

Chapter V

STATE MANAGEMENT OVER PLANT PROTECTION AND QUARANTINE

Article 36.-Contents of the State management over plant protection and quarantine include:

1. Elaborating and directing the implementation of, plannings and plans on plant protection and quarantine.

2. Promulgating and organizing the implementation of, legal documents on plant protection and quarantine.

3. Organizing the monitoring, detection and identification of organisms harmful to plant resources; directing the prevention and stamping out of plagues damaging plant resources; issuing plague declaration decisions and annulling such decisions.

4. Organizing the implementation of the plant quarantine work.

5. Organizing the registration, examination and assay of plant protection drugs.

6. Granting and withdrawing permits for assay of new plant protection drugs, permits for import of plant protection drugs subject to restricted use or not on the list of those permitted for use, plant quarantine certificates, certificates of registration of plant protection drugs, practicing certificates of trading in plant protection drugs and practicing certificates of sterile steaming.

7. Organizing scientific research, professional training and fostering in plant protection and quarantine.

8. Propagating and popularizing the legislation on and knowledge about plant protection and quarantine.

9. Supervising, inspecting, handling violations and settling complaints and denunciations in the field of plant protection and quarantine.

10. Effecting international cooperation in the field of plant protection and quarantine.

Article 37.-

1. The Government shall perform the unified State management over plant protection and quarantine nationwide.

2. The Ministry of Agriculture and Rural Development shall take responsibility to the Government for performing the State management over plant protection and quarantine nationwide.

3. The ministries, ministerial-level agencies and agencies attached to the Government shall, within the ambit of their respective tasks and powers, perform the State management over plant protection and quarantine.

4. The People’s Committees at all levels shall perform the State management over and direct plant protection and quarantine activities in combination with agricultural promotion activities in their respective localities according to the responsibility assignment by the Government.

5. The specialized plant protection and quarantine network shall be organized from the central to local level. The Government shall specify the organizational structure, tasks and powers of the specialized plant protection and quarantine agencies.

Article 38.-The plant protection and quarantine inspectorate is a specialized inspectorate.

The specialized plant protection and quarantine inspectorate shall have to inspect the observance of the legislation on prevention and elimination of organisms harmful to plant resources, the plant quarantine and management of plant protection drugs as well as propose measures to prevent and stop acts of violating the legislation on plant protection and quarantine.

The organization and operation of the specialized plant protection and quarantine inspectorate shall be stipulated by the Government.

Article 39.-Organizations and individuals shall be entitled to complain about acts of violating the legislation on plant protection and quarantine to the competent State bodies.

Individuals shall be entitled to denounce acts of violating the legislation on plant protection and quarantine to competent State bodies.

The settlement of complaints and denunciations against acts of violating the legislation on plant protection and quarantine shall comply with the law provisions on complaints and denunciations.

Chapter VI

COMMENDATION AND HANDLING OF VIOLATIONS

Article 40.-Organizations and individuals that record achievements in the protection of plant resources, the prevention of harmful organisms or make merits in the detection and stop of acts of violating the legislation on plant protection and quarantine shall be commended and/or rewarded according to law provisions.

Article 41.-Those who violate the provisions of this Ordinance, forge permits, certificates and practicing certificates in the field of plant protection and quarantine or violate other law provisions on plant protection and quarantine shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability according to law provisions.

Article 42.-Those who take advantage of their positions and powers or abuse their powers in the granting or withdrawal of permits, certificates and practicing certificates in the field of plant protection and quarantine in contravention of law; show irresponsibility or abuse their positions and powers in the enforcement of the legislation on plant protection and quarantine; cover up violators or violate other law provisions on plant protection and quarantine shall, depending on the nature and seriousness of their violations, be disciplined or examined for penal liability according to law provisions.

Article 43.-Those who violate the legislation on plant protection and quarantine, thus causing damage to the State, organizations and/or individuals, shall not only be handled according to the provisions of Article 41 or 42 of this Ordinance but also have to pay compensation therefor according to law provisions.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 44.-This Ordinance takes effect as from January 1, 2002.

This Ordinance replaces the Ordinance on the Plant Protection and Quarantine passed by the Standing Committee of the National Assembly on February 4, 1993.

All previous provisions contrary to this Ordinance are hereby annulled.

Article 45.-The Government shall specify and guide the implementation of this Ordinance.