Circular No. 03/2015/TT-BNNPTNT Issuing the List of Plant Protection Products Allowed for Use and Prohibited in Vietnam and Announcing the HS Code for Plant Protection Products Allowed for Use and Prohibited in Vietnam

CIRCULAR

Issuing the List of Plant Protection Products Permitted for Use and Prohibited from Use in Vietnamand Announcing the HS Code for Plant Protection Products Permitted for Use and Prohibited from Use in Vietnam

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Pursuant to Decree No. 199/2013/NĐ-CP dated November 26, 2013 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Law on Plant Protection and Quarantine No. 41/2013/QH13 dated November 25, 2013;

Pursuant to Decree No. 187/2013/NĐ-CP dated November 20, 2013 of the Government detailing the implementation of the Law on Trade regarding international trade activities and foreign trade agency activities;

Pursuant to Circular No. 156/2011/TT-BTC dated November 14, 2011 of the Minister of Finance on issuing the list of export and import goods of Vietnam;

Pursuant to Circular No. 164/2013/TT-BTC dated November 15, 2013 of the Ministry of Finance on issuing the Export Tariff and Preferential Import Tariff according to the list of taxable items;

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

The Minister of Agriculture and Rural Development issues this Circular on the List of Plant Protection Products Permitted for Use and Prohibited from Use in Vietnam and Announcing the HS Code for Plant Protection Products Permitted for Use and Prohibited from Use in Vietnam.

Type of goods

1. The List of Plant Protection Products Permitted for Use in Vietnam, Appendix I attached hereto, includes:

a) Agricultural Products:

- Insecticides: 769 active ingredients with 1690 brand names.

- Fungicides: 607 active ingredients with 1295 brand names.

- Herbicides: 223 active ingredients with 678 brand names.

- Rodenticides: 10 active ingredients with 26 brand names.

- Growth Regulators: 51 active ingredients with 143 brand names.

- Insect Attractants: 8 active ingredients with 9 brand names.

- Snailcides: 26 active ingredients with 141 brand names.

- Adjuvants (spreaders): 5 active substances with 6 trade names.

b) Termite Control Products: 15 active ingredients with 21 brand names.

c) Timber Preservation Products: 11 active ingredients with 13 brand names.

d) Warehouse Disinfectants: 5 active ingredients with 10 brand names.

đ) Golf course chemicals:

- Insecticides: 1 active ingredient with 1 brand name.

- Fungicides: 3 active ingredients with 3 brand names.

- Herbicides: 1 active substance with 1 trade name.

- Growth regulators: 1 active ingredient with 1 trade name.

e) Seed Treatment Products.

- Insecticides: 12 active ingredients with 16 brand names.

- Fungicides: 10 active ingredients with 11 trade names.

2. The List of Plant Protection Products Prohibited from Use in Vietnam, Appendix II attached hereto, includes:

a) Insecticides, Timber Preservatives: 21 active ingredients.

b) Fungicides: 6 active substances.

c) Rodenticides: 1 active substance.

d) Herbicides: 1 active substance.

Article 3. The detailed list of HS codes for permitted plant protection products in Vietnam, Appendix III attached to this Circular.

Article 2. HS Code for Plant Protection Products

1. The HS code for finished plant protection products listed in the List of Plant Protection Products Permitted for Use in Vietnam (recorded in column 4 - Brand Name) according to Appendix I attached hereto shall be classified under subheading 3808 and detailed in Appendix III of this Circular.

2. The HS code for technical plant protection products (intermediate formulations for producing plant protection products) permitted for use in Vietnam (recorded in column 3 - Active Ingredient, Raw Material) according to Appendix I attached hereto shall be classified under subheading 3808 and detailed in Appendix III of this Circular.

Classification shall be based on the nature of the goods and the classification principles of customs authorities. In cases where technical plant protection products are classified under a different subheading than 3808, the conclusion of the customs authority shall apply but they will still be subject to the management policies of the Ministry of Agriculture and Rural Development.

3. The HS code for technical plant protection products listed in the List of Plant Protection Products Prohibited from Use in Vietnam (recorded in column 3 - Common Name) shall be detailed in column 2; The HS code for finished plant protection products listed in the List of Plant Protection Products Prohibited from Use in Vietnam (recorded in column 5 - Brand Name) shall be detailed in column 4 according to Appendix II attached hereto.

Article 3. Effectiveness

1. This Circular takes effect from March 15, 2015.

2. This Circular replaces the following Circulars and Decisions:

a) Circular No. 21/2013/TT-BNNPTNT dated April 17, 2013 of the Minister of Agriculture and Rural Development on issuing the List of Plant Protection Products Permitted for Use, Restricted for Use, and Prohibited from Use in Vietnam;

b) Circular No. 37/2013/TT-BNNPTNT dated August 2, 2013 of the Minister of Agriculture and Rural Development amending and supplementing some articles of Circular No. 21/2013/TT-BNNPTNT dated April 17, 2013 of the Minister of Agriculture and Rural Development on issuing the List of Plant Protection Products Permitted for Use, Restricted for Use, and Prohibited from Use in Vietnam;

c) Decision No. 55/2007/QĐ-BNN dated June 12, 2007 of the Minister of Agriculture and Rural Development on announcing the HS code for exported and imported plant protection products in Vietnam.

Article 4. Responsibilities for Implementation

The Director of the Ministry's Office, Heads of the Legal Department, Plant Protection Bureau, Heads of units under the Ministry, and related organizations and individuals are responsible for implementing this Circular./.