Decree No. 02/2007/ND-CP on Plant Quarantine

DECREE

On plant quarantine

_________________

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Plant Protection and Quarantine Ordinance dated August 8, 2001;

Considering the proposal of the Minister of Agriculture and Rural Development.

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope of application

This Decree stipulates the work related to import, export, transit, temporary import for re-export, temporary export for re-import, transshipment, domestic plant quarantine, and the handling of objects subject to plant quarantine.

Article 2. Applicability

This Decree applies to all organizations and individuals within the country and foreign organizations and individuals engaged in activities related to plant quarantine on the territory of Vietnam. In cases where international treaties to which Vietnam is a party provide different provisions, such provisions shall be applied.

Article 3. Definitions

In this Decree, the following terms are understood as follows:

1. Harmful organisms are any species, strain, or form of biological organism of plants, animals, or microorganisms that cause harm to plants or plant products, including: insects, plant diseases, nematodes, bacteria, viruses, phytoplasmas, weeds, rodents, and other harmful organisms to plant resources (hereinafter referred to as pests).

2. Objects subject to plant quarantine (also called quarantine pests) are pest species that pose a serious threat to plant resources in a region where such organisms have not yet appeared or have a limited distribution and must be officially controlled.

3. Pests under regulation but not quarantine pests are pest species whose presence in planting material will cause unacceptable economic impacts and must be controlled within the territory of the importing country.

4. Pests under regulation include quarantine pests and pests under regulation but not quarantine pests.

5. New pests (also called alien pests) are pests that have not been scientifically identified and have not been found domestically.

6. Beneficial organisms include viruses, bacteria, nematodes, fungi, insects, animals, and other organisms that limit the damage caused by pests to plant resources.

7. Objects subject to plant quarantine (hereinafter referred to as objects) include plants, plant products, production, storage, transportation equipment, or other objects capable of carrying regulated pests.

8. Pest infection status is the degree and nature of harmful organism infection of the object.

9. Object inspection is the investigation, observation, monitoring, sampling, analysis, appraisal, and research to determine the pest infection status.

10. Disinfection is the thorough elimination of harmful organisms from the object.

11. Fumigation disinfection is a disinfection method using toxic fumigants.

12. Pest outbreak area is a place where one or more pest species listed in the List of Quarantine Pests or the List of Pests Under Regulation But Not Quarantine Pests have been identified.

13. Infested area is the spatial range infected by the pest outbreak area determined by the competent plant quarantine authority.

14. Lot of objects is a certain quantity of objects with similar conditions and factors regarding the possibility of pest infection.

25. Plant quarantine location is the place where objects are inspected before their movement.

16. Pest risk analysis is the process of evaluating biological or scientific evidence and economic data to determine the pest species that need to be regulated and enhance plant quarantine measures against them.

17. Non-infested area is an area where the absence of a specific pest species has been scientifically proven and these conditions will be maintained officially.

18. Equivalence of plant quarantine measures is the condition of applying different plant quarantine measures that are equally effective.

19. Pest surveillance is the formal process of collecting and recording data on the presence or absence of pests through investigation, monitoring, or other procedures.

20. Harmonization of plant quarantine measures is the establishment, recognition, and application of plant quarantine measures of different countries based on international standards.

21. Plants are living trees and parts of trees, including seeds and genetic material capable of propagation.

22. Plant products are unprocessed materials of plant origin and processed products of plant origin that, due to the nature of the product or the processing method, may create risks of pest entry and spread.

23. Newly imported crop varieties are crop varieties not included in the list of permitted crop varieties for production and trade.

24. Plant quarantine measures are official regulations and procedures aimed at preventing the entry and/or spread of plant pests or limiting the economic impact of pests that need to be controlled.

25. Place of origin is the place where the object subject to plant quarantine was planted or where it first created a pest infection status.

26. Quarantine isolation zone is a place for planting plants or storing plant products isolated completely from the external environment during quarantine.

27. Import plant quarantine permit is a legal document allowing the importation of a lot of objects in compliance with the plant quarantine requirements as prescribed.

Article 4. Responsibilities of the object owner

1. Implementing the monitoring, prevention, and treatment of harmful organisms, handling objects infected with pests, objects not meeting import, export, or transport out of infested areas requirements according to plant quarantine regulations.

In cases where multiple owners of infected objects must be handled simultaneously but cannot reach an agreement among themselves on the handling, the plant quarantine authority shall decide and the object owner must comply.

2. Must regularly monitor the situation of harmful organisms to their own plant resources or those directly managed by them.

At places where imported objects, transshipped objects, or objects brought from infested areas are usually concentrated, the above monitoring must be carried out according to the requirements and guidance of the competent state authorities on plant protection and quarantine.

3. When detecting or suspecting the presence of pests within the scope of the published list or new pests, the subject of the object or the person who discovers them must take necessary measures to eliminate and prevent the spread thereof, and immediately report to the competent state agency for plant protection and quarantine or the nearest local authority.

4. Implement measures to process objects in accordance with the regulations of the competent state agency for plant protection and quarantine.

5. Pay plant quarantine fees as prescribed and settle expenses for processing objects. In cases where there is no subject of the object, the owner of the means of transport, the driver of the means of transport carrying the object, or the person storing the object must comply with the plant quarantine regulations applicable to the means of transport and the object being carried or stored, and pay the expenses for processing the object.

6. Provide necessary information on plant protection and quarantine to the specialized state management agency for plant protection and quarantine in Vietnam such as: information on plants and plant products, production areas, cultivation methods, pest lists, packaging of goods, export programs, export policies, and other related documents.

7. Facilitate plant quarantine officers in performing their duties such as opening and closing transportation vehicles, warehouses, packages, providing manpower for inspection and sampling of objects; monitoring and inspecting objects during planting, usage, and storage.

Article 5. Responsibilities of the Plant Quarantine Agency

1. Guide, supervise, and certify the implementation of monitoring, prevention, and treatment measures. Directly handle infected objects urgently when the subject of the object is unable to do so.

2. Conduct quarantine inspections of objects and issue Plant Quarantine Certificates.

3. Provide necessary information on plant protection and quarantine to importing countries in accordance with the Agreement on Food Safety and Plant and Animal Health Standards, and the International Plant Protection Convention.

4. Establish and manage pest-free zones according to Vietnamese standards.

5. Examine, evaluate, and recognize the equivalence of plant quarantine measures applied to exported and imported objects from other countries.

6. Apply emergency measures to prevent the entry and spread of pests when necessary.

7. Harmonize plant quarantine measures according to international standards, guidelines, and recommendations on plant protection.

8. Coordinate with the exporting country's plant quarantine agency to inspect and handle exported and imported objects at the exporting country in certain cases as stipulated in multilateral and bilateral agreements.

Article 6. Responsibilities and Authorities of Plant Quarantine Officers

While performing their duties, plant quarantine officers have the responsibility:

1. To conduct plant quarantine inspections in accordance with the laws on plant protection and quarantine.

2. Must wear uniforms, insignia, badges, and plant quarantine cards.

3. Have the right to enter places where objects subject to quarantine are located.

4. For places under national defense security confidentiality and other special cases, they must be provided with conditions and guidance to perform their tasks by the competent authorities managing those facilities to ensure both confidentiality and quarantine requirements.

Article 7. Responsibilities of State Agencies and People's Committees at All Levels

1. The Minister of Agriculture and Rural Development in each period shall determine and announce:

a) The list of pests within the scope of regulation;

b) The list of objects subject to plant quarantine and objects that must undergo risk analysis for pests before importation into Vietnam.

2. Customs agencies are responsible for coordinating with plant quarantine agencies in inspecting and supervising objects. Customs procedures will only be completed for quarantined objects after completing the quarantine procedures. The declaration for quarantine is reflected in the import-export declaration form.

Objects that the plant quarantine agency orders to be re-exported, destroyed, or permitted for export or import after quarantine, the plant quarantine agency must notify the customs agency at the port of export or import. The customs agency and other relevant agencies must cooperate with the plant quarantine agency to resolve and handle issues when requested by the plant quarantine agency.

3. Transportation, Postal, Police, Border Guard, Market Management, and other relevant agencies within their functions and tasks are responsible for cooperating with the plant quarantine agency in inspecting, preventing, and handling violations of plant quarantine regulations.

4. People's Committees at all levels direct relevant agencies in their locality to implement plant quarantine work in accordance with the laws on plant protection and quarantine.

Article 8. Plant Quarantine Procedures

1. The subject of the object or the person authorized by the subject of the object must perform:

a) Declare at least 24 hours in advance to the nearest plant quarantine agency before exporting or importing the object;

b) Declare on the import-export declaration form and be inspected on-site by the plant quarantine agency for carry-on luggage and checked baggage containing the object;

c) Must have a Registration Certificate or a Certificate of Quarantine issued by the Vietnamese plant quarantine agency submitted together with the customs declaration to clear customs for objects that are imported goods or packed together with other imported goods (except for carry-on luggage and checked baggage of passengers entering the country);

d) Must have a Certificate of Quarantine issued by the Vietnamese plant quarantine agency if required by the importing country, submitted together with the customs declaration to clear customs for objects that are exported goods or packed together with other exported goods (except for carry-on luggage and checked baggage of passengers leaving the country).

2. The plant quarantine agency must inspect, re-inspect, and respond within a range of 24 hours after inspecting the object. In cases where it exceeds 24 hours, the plant quarantine agency must inform the owner of the object.

3. The inspection of objects and the establishment of plant quarantine records shall be uniformly applied throughout the country.

Article 9. Prohibited acts

1. Bringing harmful organisms regulated under the categories specified in point a, Clause 1, Article 7 of this Decree, living harmful organisms at any stage of their life cycle into Vietnam.

2. Bringing harmful organisms regulated and still alive under the categories specified in point a, Clause 1, Article 7 of this Decree to areas not yet affected by such pests.

3. Bringing objects falling under the list of objects requiring pest risk analysis as specified in point b, Clause 1, Article 7 of this Decree into Vietnam.

4. Bringing plants accompanied by soil in any form into Vietnam.

Chapter II

PLANT QUARANTINE FOR IMPORTED OBJECTS

Article 10. Conditions for importation

Imported objects into Vietnam must meet the following conditions:

1. Possess a Plant Quarantine Certificate issued by the authorized plant quarantine agency of the exporting country or an equivalent confirmation document.

2. Not contain harmful organisms regulated under the categories specified in point a, Clause 1, Article 7 of this Decree and unknown harmful organisms; if present, they must be thoroughly treated.

3. Must have a Plant Quarantine Import Permit for objects requiring pest risk analysis before being imported into Vietnam.

4. For wooden packaging materials imported, they must be treated with plant quarantine measures as prescribed.

Article 11. Procedures for issuing a Plant Quarantine Import Permit for objects requiring pest risk analysis

1. Organizations and individuals submit an application for a Plant Quarantine Import Permit according to the prescribed form to the plant quarantine agency.

2. Provide all relevant information about the imported object as stipulated in Clause 6, Article 4 of this Decree.

3. The plant quarantine agency must conduct a pest risk analysis on the imported object.

4. If the pest risk analysis indicates that the object poses a pest risk, the plant quarantine agency will not issue a Plant Quarantine Import Permit to the organization or individual who submitted the application.

Article 12. Plant Quarantine for Imported Objects

1. When the imported object enters the first port of entry, the owner of the object must follow the procedures for plant quarantine for imported objects as stipulated in Article 8 of this Decree.

2. The plant quarantine agency conducts quarantine at the first port of entry. In special cases, the plant quarantine procedures may be carried out at another location with appropriate isolation facilities.

3. For waterway transport vehicles carrying objects subject to plant quarantine, when arriving at buoy number "0", the vehicle owner must declare to the Vietnamese plant quarantine agency for inspection; if there are no regulated quarantine pests, the vehicle is allowed to enter the port; if there are regulated quarantine pests, they must be thoroughly treated. The quarantine of imported objects carried on waterway transport vehicles is conducted at a Vietnamese port.

4. Temporarily imported and exported objects must follow the same plant quarantine procedures as imported objects.

Article 13. Imported Plant Varieties and Beneficial Organisms

1. Organizations and individuals importing plant varieties and beneficial organisms must meet the conditions stipulated in Article 10 of this Decree and the following provisions:

a) For imported plant varieties, quarantine procedures must be completed at the designated port as specified by the plant quarantine agency;

b) For plant varieties listed in the permitted production and trade list after completing quarantine procedures, they must be transported to and planted at the registered location with the plant quarantine agency and simultaneously reported to the local competent authority for plant protection and quarantine for continued monitoring and inspection of harmful organisms;

c) For newly imported plant varieties, they can only be planted in quarantine isolation zones as prescribed by the plant quarantine agency to monitor harmful organisms;

d) In certain special cases, the importation of plant varieties and beneficial organisms must be approved by the Minister of Agriculture and Rural Development. The Ministry of Agriculture and Rural Development specifies the special cases permitted for importation under this provision.

2. Organizations and individuals importing plant varieties and beneficial organisms must comply strictly with the observation periods for each group of plants as stipulated.

3. The Ministry of Agriculture and Rural Development stipulates the observation periods for each group of plant varieties and beneficial organisms and the standards for quarantine isolation zones.

Article 14. Supervision, Transport, Storage, and Use of Imported Objects

1. The plant quarantine agency is responsible for supervising the plant quarantine of imported objects from the time they are brought into Vietnamese territory.

2. The owner of the object must possess a Plant Quarantine Certificate issued by the Vietnamese plant quarantine agency and fully implement the contents stipulated in the Certificate during transportation, storage, and use of the object.

Chapter III

PLANT QUARANTINE FOR EXPORTED OBJECTS

Article 15. Basis for Plant Quarantine for Exported Objects

The plant quarantine agency conducts plant quarantine on exported objects in the following cases:

1. Sales contracts or international treaties specify the need for quarantine.

2. The owner of the object requests plant quarantine.

Article 16. Plant Quarantine for Exported Objects

1. The owner of the object must notify the nearest plant quarantine agency in advance and follow the procedures for plant quarantine for exported objects as stipulated in Article 8 of this Decree when the object reaches the final port of export or the place from which the object will be exported abroad.

2. The plant quarantine agency conducts quarantine at the port registered by the owner of the object. If quarantine has been conducted at the production facility or origin or storage location deep inland, the owner of the object must present the Plant Quarantine Certificate when reaching the final port for export.

Article 17. Supervision of Exported Objects

1. The plant quarantine agency shall be responsible for monitoring plant quarantine matters concerning exported objects from the time of inspection until issuance of the Plant Quarantine Certificate to the time of transportation out of the territory of Vietnam.

2. The owner of the exported object with a Plant Quarantine Certificate must comply with all contents stipulated in the certificate when transporting the object from the export plant quarantine location to another country.

Chapter IV

PLANT QUARANTINE FOR TRANSIT

Article 18. Conditions for plant quarantine during transit

1. Possession of a Plant Quarantine Certificate issued by the competent plant quarantine authority of the exporting country.

2. The object must be approved by the Vietnamese plant quarantine agency when it transits or is stored in warehouses within the territory of Vietnam.

3. Objects in transit must be packaged according to the specified standards to ensure that harmful organisms do not spread during transportation and storage.

Article 19. Plant quarantine during transit

1. When the object enters the first border gate of Vietnam, the owner must declare to the nearest plant quarantine agency and present the Plant Quarantine Certificate issued by the exporting country.

2. The Vietnamese plant quarantine agency must monitor the object, inspect the means of transport and the exterior of the object in accordance with regulations.

3. In case the object in transit is found to be improperly packaged in violation of quarantine regulations, without a Plant Quarantine Certificate from the exporting country, the Vietnamese plant quarantine agency must inspect the object and the means of transport or suspend transportation until proper packaging is achieved. The plant quarantine agency will inspect, supervise, and consider issuing a Plant Quarantine Certificate for transit.

Chapter V

DOMESTIC PLANT QUARANTINE

Article 20. Contents of domestic plant quarantine work

1. Management of pests under the jurisdiction of Vietnam and beneficial organisms.

2. Implementation of measures when outbreaks are detected.

3. Development and implementation of effective investigation, surveillance, and prevention programs for pests affecting imported crop varieties and stored plant products.

Article 21. Domestic plant quarantine procedures

1. Declaration, inspection, handling, and issuance of certificates for domestic transportation of plant quarantine are carried out in accordance with Article 8 of this Decree.

2. For domestically produced crop varieties transported internally that do not originate from or pass through infected areas, plant quarantine procedures are not required.

Article 22. Supervision of domestic plant quarantine

1. Conducting investigations, monitoring, and supervising pest situations on imported crop varieties and stored plant products.

2. When imported crop varieties, beneficial organisms are introduced into local areas for planting and use, supervision is regulated as follows:

a) Checking the Import Plant Quarantine Certificate issued by the Vietnamese plant quarantine agency for the imported objects, crop varieties, and beneficial organisms;

b) Monitoring planting and usage sites;

c) Imposing administrative penalties and conducting plant quarantine on imported consignments that fail to comply with import quarantine regulations as prescribed by laws on plant protection and quarantine.

3. Determining the boundaries of infected areas and domestic quarantine locations when transporting objects out of infected areas, implementing inspections, issuing certificates for internal transportation, and supervising the transportation of objects out of infected areas.

4. Inspecting the Plant Quarantine Certificate and monitoring consignments moved from infected areas to localities.

5. Deciding on measures to handle objects affected by regulated pests; guiding and supervising the owners of objects to implement such measures.

6. At places where outbreaks occur and there are signs of spreading into infected areas, the competent state agencies on plant protection and quarantine must immediately report to the authorities responsible for declaring outbreaks in accordance with Article 11 of the Plant Protection and Quarantine Ordinance.

Chapter VI

TREATMENT OF OBJECTS SUBJECT TO PLANT QUARANTINE

Article 23. Treatment of objects subject to plant quarantine

1. Treatment of objects includes recycling, selection, disposal, cleaning, disinfection, returning to the place of origin, destruction, and other measures aimed at thoroughly eliminating regulated pests.

2. Application of treatment measures in plant quarantine work is carried out in accordance with the regulations of the plant quarantine agency.

Article 24. Treatment of imported objects

1. Treatment of objects infected with regulated pests and new harmful organisms is regulated as follows:

a) If the object is infected with a pest listed in the Vietnamese Plant Quarantine Pest List but is not present in Vietnam or is a new harmful organism, it shall not be allowed to enter and must be returned to the place of origin or destroyed. If thorough treatment can be achieved by other means, the plant quarantine agency may consider and decide to apply such measures;

b) If the object is infected with a pest listed in the Vietnamese Plant Quarantine Pest List that has a limited distribution in Vietnam or is infected with a regulated pest that is not a plant quarantine pest, thorough treatment measures decided by the plant quarantine agency must be implemented. If such treatment cannot be carried out in Vietnam, the object must be returned to the place of origin or destroyed.

2. Objects from abroad that drift, fall, are discarded, or enter Vietnam inadvertently shall be handled by the plant quarantine agency in coordination with local authorities and relevant agencies.

Article 25. Treatment of exported, transiting, and domestic objects

1. The treatment of exported objects shall be carried out according to the requirements of the owner or the plant quarantine requirements of the importing country or the sales contract.

2. When objects transit through Vietnam, if they are infected with Vietnamese plant quarantine pests or are improperly packaged, the owner must take measures to treat the object or repackage it in accordance with regulations.

3. The treatment of objects infected with pests in domestic plant quarantine work shall be carried out according to the decision of the competent state agency on plant protection and quarantine.

Article 26. Conditions for operating steam disinfection

Organizations operating steam disinfection must meet the following conditions:

1. The person directly managing and directing the steam disinfection activities must have a Professional Practice Certificate.

2. The person directly performing the steam disinfection activities must have a Steam Disinfection Card.

3. There must be technical procedures, equipment, and devices serving the steam disinfection activities, ensuring safety for humans and animals.

4. Ensuring environmental hygiene, labor safety, and fire prevention according to the regulations of competent state management agencies.

5. The workplace and storage areas for equipment and chemicals must be approved in writing by competent state management agencies.

The Minister of Agriculture and Rural Development is responsible for specifying the detailed provisions on issuing Professional Practice Certificates for steam disinfection, Steam Disinfection Cards, and technical procedures, equipment, and devices serving the steam disinfection activities.

Article 27. Conditions for issuing a Professional Practice Certificate for steam disinfection

1. Specialized knowledge in chemistry or plant protection at the university level or higher.

2. At least three years of work experience in this field.

3. A Health Certificate issued by a health agency at the district level or higher, in accordance with the regulations.

Article 28. Conditions for issuing a Steam Disinfection Card

1. Must have undergone training in steam disinfection and been tested for specialized knowledge and skills by the competent specialized state management agency.

2. A Health Certificate issued by a health agency at the district level or higher, in accordance with the regulations.

Article 29. Rights and obligations of organizations operating steam disinfection

1. An organization operating steam disinfection may only operate when it meets all the conditions stipulated in Article 26 of this Decree and commits to complying with these conditions throughout its operation.

2. Issue a Steam Disinfection Certificate for objects subject to plant quarantine.

3. When implementing steam disinfection measures for objects infected with plant quarantine pests, they must be under the supervision of the plant quarantine agency.

4. Implement steam disinfection measures without affecting the quality of goods, objects, and public health. They are responsible for the results of the steam disinfection.

Chapter VII

IMPLEMENTING PROVISIONS

Article 30. Effectiveness

This Decree takes effect fifteen days from the date of publication in the Official Gazette, replacing the Plant Quarantine Regulations promulgated together with Decree No. 58/2002/NĐ-CP dated June 3, 2002, of the Government. Previous regulations that conflict with this Decree are abolished.

Article 31. Responsibility for Implementation

The Minister of Agriculture and Rural Development is responsible for guiding the implementation of this Decree.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the Central Government shall be responsible for implementing this Decree.