Joint Circular No. 03/LTTT guiding the inspection and supervision of plant quarantine goods for export, import, and transit in Vietnam.

1. The list of goods for export, import, temporary import for re-export, temporary export for re-import, and transit through Vietnam subject to plant quarantine (hereinafter referred to as objects subject to plant quarantine) is detailed in the appendix attached to this Circular.

2. Objects subject to plant quarantine may only be allowed to export, import, temporarily import for re-export, temporarily export for re-import, and transit through Vietnam's territory after being issued a Plant Quarantine Certificate by the Plant Quarantine Authority and stamped by the Customs Authority to complete customs formalities. In cases where imported objects subject to plant quarantine cannot immediately obtain a Plant Quarantine Certificate at the border gate due to special circumstances, a Temporary Plant Quarantine Certificate may be issued. Within no more than seven days from the date of bringing the object subject to plant quarantine to the designated location, the consignor must submit the Plant Quarantine Certificate to the border gate Customs Authority to supplement the customs declaration file.

3. Passengers, vehicle owners, and service personnel on transport vehicles when entering or exiting the country must declare to the Plant Quarantine Authority at the border gate if they carry objects subject to plant quarantine in their luggage, and must comply with the regulations set forth by the Plant Quarantine Authority regarding handling.

1. For objects subject to plant quarantine:

When exporting: the consignor, owner of the means of transport, or their authorized representative must first complete the plant quarantine procedures before proceeding to the Customs Authority to handle export formalities. - When importing (or transiting through Vietnam): During the customs clearance process, if the Customs Authority discovers objects subject to plant quarantine, it will require the owner of the object, owner of the means of transport, or their authorized representative to first complete the plant quarantine procedures before handling customs formalities.

2. If objects subject to plant quarantine are found to be infected with quarantine pests and need to be treated according to the provisions of the Plant Protection and Quarantine Ordinance, the Plant Quarantine Authority at the border gate will notify the Customs Authority in advance about the location, time, and measures for treatment.

3. Within their respective functions and authorities, the Plant Quarantine Authority and the Customs Authority at border gates shall cooperate in inspecting and supervising goods subject to plant quarantine to prevent the spread of harmful organisms affecting plant resources from one country to another, in accordance with the provisions of domestic and international plant quarantine laws that Vietnam has signed or joined.

4. Every six months, the Plant Quarantine Authority at the border gate shall convene a meeting with the Customs Authority at the border gate to review work relations and the performance of duties by both authorities; if necessary, an extraordinary meeting may be convened.

5. Annually, the Ministry of Agriculture and Rural Development shall organize a meeting with the General Department of Customs to review, evaluate, draw lessons, and discuss measures for cooperation between the two sectors.

1. The Ministry of Agriculture and Rural Development

a) Notify the General Department of Customs of the list of organisms subject to plant quarantine published periodically by the Minister of Agriculture and Rural Development.

b) Publicly post at border gates the list of objects subject to plant quarantine, regulations on plant quarantine procedures, and fees and costs for plant quarantine according to current regulations, and the time required to complete plant quarantine procedures.

c) Establish Plant Quarantine Authorities at border gates to perform their functions and tasks as prescribed by the Plant Protection and Quarantine Ordinance and coordinate with the Customs Authority at the border gate to implement the provisions of this Circular.

d) Notify the General Department of Customs in writing of the list of border gates with export and import activities but without operational Plant Quarantine Authorities so that the Customs Authority at the border gate can handle customs formalities based on Point 2, Part I of this Circular.

e) Notify the Customs Authority at the border gate in writing of the results of handling consignments of objects subject to plant quarantine that have been found to be infected with quarantine pests prior to completing customs formalities for those consignments.

2. The General Department of Customs:

a) Guide the application of this Circular to the Customs Departments of provinces and centrally-administered cities to instruct Customs Authorities at border gates to implement it.

b) If objects subject to plant quarantine are discovered during the customs clearance process, the Customs Authority at the border gate must notify the Plant Quarantine Authority to complete the plant quarantine procedures according to the Plant Protection and Quarantine Ordinance.

1. The Plant Quarantine Authority at the border gate shall prepare a record of handling objects subject to plant quarantine that do not meet plant quarantine standards when exporting, importing, and transiting through Vietnam, in accordance with the Plant Protection and Quarantine Ordinance. In cases where objects subject to plant quarantine must be destroyed, there shall be the presence and supervision of both the Plant Quarantine Authority and the Customs Authority at the same level.

2. Administrative violations in plant quarantine work involving objects subject to plant quarantine shall be handled in accordance with the Administrative Violations Handling Ordinance and the Government Decree on administrative violations handling in the field of Plant Protection and Quarantine currently in effect.

The head of the Plant Quarantine Agency and the customs officer at the border gate are responsible under the Law for their decisions regarding the handling and punishment of violations in the field of plant quarantine and customs inspection of goods subject to plant quarantine.

3. During the process of customs clearance, if the customs office discovers any violation of customs laws, it shall prepare a record and handle it according to current regulations.

This Circular takes effect from the date of signature. All previous provisions that conflict with this Circular are hereby abolished.

Heads of units within each sector are responsible for guiding the implementation of this Circular. Any difficulties should be reported to their immediate superior authority for study and timely coordination and direction to resolve them./.