Circular No. 04/2015/TT-BNNPTNT guiding the implementation of certain contents of 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 related agency, purchase, sale, processing, and transit activities with foreign countries in the fields of agriculture, forestry, and fisheries.

CIRCULAR

Guidelines for implementing certain provisions of 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 related agency, purchase, sale, processing, and transit activities with foreign countries in the fields of agriculture, forestry, and fisheries.

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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 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 related agency, purchase, sale, processing, and transit activities with foreign countries;

At the proposal of the Director of the Department of Processing and Marketing of Agricultural, Forestry, Fishery Products and Salt Industry;

The Minister of Agriculture and Rural Development issues this Circular guiding the implementation of certain provisions of 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 related agency, purchase, sale, processing, and transit activities with foreign countries in the fields of agriculture, forestry, and fisheries.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the contents, procedures, and formalities for the export and import of goods subject to specialized management in the fields of agriculture, forestry, and fisheries, including:

1. Export of timber, wood products from natural forests; firewood, charcoal made from wood or firewood originating from natural forest timber;

2. Export and import of wild animals, plants, rare, precious, endangered species;

3. Export and import of plant seeds;

4. Export and import of livestock seeds;

6. Import of veterinary drugs, raw materials for producing veterinary drugs, vaccines, biological preparations, microorganisms, and chemicals used in veterinary and aquaculture veterinary practices (referred to as veterinary drugs);

7. Import of products and raw materials for producing environmental treatment and improvement products for aquaculture;

8. Import of plant protection chemicals and objects listed in the quarantine risk analysis before importation into Vietnam;

9. Import of animal, poultry, and aquatic feed;

10. Import of fertilizers;

11. Export and import of crop genetic resources for research and scientific and technical exchange;

12. Export and import of animal, plant, and aquatic origin food products.

Article 2. Applicability

This Circular applies to organizations and individuals (hereinafter referred to as traders) engaged in export and import activities of goods subject to specialized management in the fields of agriculture, forestry, and fisheries.

Article 3. Explanation of Terms

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

1. Roundwood: Includes raw logs, round sawn timber, peeled logs with a small end diameter from 10 cm to less than 20 cm, length from 1 meter or more, or a small end diameter of 20 cm or more, length from 30 cm or more. For plantation timber, mangrove, melaleuca, and brackish water forest timber with a small end diameter of 6 cm or more, length from 1 meter or more. For endangered, precious, and rare timber species, regardless of size.

2. Sawn timber: Is timber that has been sawn, planed, or peeled.

3. Complete wooden products: Are types of products made from wood (including fine wood products, high-end wood products) assembled completely according to the function of the product or disassembled parts of a complete product, when reassembled can be used immediately according to the function of the product.

4. Wild animals, plants endangered, precious, rare: Are wild animal and plant species listed in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and those listed in the List of Endangered, Precious, and Rare Forest Animals and Plants by the Government.

5. Livestock breeds: Are populations of the same species, same origin, with similar appearance and genetic structure, formed, consolidated, and developed under human influence; livestock breeds must have a certain number to reproduce and pass breed characteristics to future generations.

Livestock breeds specified in this Circular include cattle, poultry, bee, silkworm breeds, and their breeding products such as semen, embryos, eggs, seeds, larvae, and genetic material.

6. Aquatic products:

a) Aquatic seedlings: Are aquatic animal and plant species, including eggs, embryos, sperm, and larvae used for breeding, as commercial farming stock, ornamental, and recreational purposes.

c) Aquatic environmental treatment and improvement products: Are substances or compounds derived from minerals, chemicals, animals, plants, microorganisms, and preparations from them used to adjust the physical, chemical, and biological properties of the aquatic farming environment.

7. Reference substance:

A reference substance (Chemical Standards) is a pure liquid or solid chemical of known accurate concentration or composition used to standardize another test chemical or measuring instrument.

Article 4. Principles for implementing regulations on animal quarantine, plant quarantine, and aquatic product quarantine; quality inspection and food safety inspection for animals, plants, and goods derived from animals and plants when exporting and importing.

1. Goods listed in the Catalogue of Animals and Animal Products Subject to Quarantine; the Catalogue of Aquatic Products and Aquatic Product Derivatives Subject to Quarantine; the Catalogue of Objects Subject to Plant Quarantine must be quarantined before clearance in accordance with the provisions of the law.

2. Goods subject to specialized inspection by the Ministry of Agriculture and Rural Development when exporting and importing into Vietnam must comply with the current regulations of the Ministry of Agriculture and Rural Development regarding quality inspection and food safety inspection.

3. After clearance, if goods do not meet the conditions for quarantine, quality, and food safety, they will be handled according to the current legal provisions. Specifically, goods that do not meet the conditions for plant protection and quarantine shall be compulsorily re-exported and shall not be allowed to clear customs.

Article 5. Principles for Importing During the Period Awaiting Inclusion in the List of Goods Permitted to Be Imported Without a Permit

1. For goods outside the list of goods permitted to be imported without a permit, after receiving recognition of the test results or risk assessment results from the specialized management agencies of the Ministry of Agriculture and Rural Development, traders may import such goods according to demand, without quantity or value restrictions, and without requesting an Import Permit.

2. The specialized management agencies of the Ministry of Agriculture and Rural Development are responsible for immediately posting the test results or risk assessment results and the list of goods on their electronic bulletin board (website) at http://www.mard.gov.vn and sending it to the Customs authorities.

3. Based on the test results and risk assessment results, the Ministry of Agriculture and Rural Development will supplement the corresponding lists of goods.

Article 6. General Provisions on the Procedure and Formalities for Issuing Export and Import Permits for Goods Subject to Specialized Agricultural, Forestry, and Aquaculture Management

1. Procedure and Method: Traders submit applications directly to the specialized management agency of the Ministry of Agriculture and Rural Development or send them through postal service.

a) The specialized management agency of the Ministry of Agriculture and Rural Development receives the application and reviews, guiding the trader to supplement missing or non-compliant contents in case of direct submission or within three working days from the date of receipt in case of submission through postal service.

b) If the application is complete as required, within a maximum period of five working days (excluding cases stipulated in Clause 3, Article 5 of Decree No. 98/2011/ND-CP dated October 26, 2011 of the Government amending and supplementing certain articles of decrees on agriculture), the specialized management agency of the Ministry of Agriculture and Rural Development must issue an Export or Import Permit or notify in writing the reasons for not issuing an Export or Import Permit.

2. Number of Applications: One set

3. Application Components: As specified in Articles 9, 12, 13, 15, 18, 21, 24, 26, 28, 30, 31, 32, 33, 34, 35 of this Circular.

4. Methods of Payment of Fees and Submission of Results of Export and Import Permit Issuance:

a) Traders pay fees and charges according to current regulations directly at the application receiving agency or by bank transfer or postal service.

b) The application receiving agency delivers the results directly at the place of application submission or sends them through postal service upon request of the trader.

5. Implementing Agency: As specified in Articles 9, 12, 13, 15, 18, 21, 24, 26, 28, 30, 31, 32, 33, 34, 35 of this Circular.

6. Validity Period of the Permit: The permit is valid for a maximum of one year from the date of issuance.

7. In cases where there are different provisions from those stipulated in Clauses 1, 2, 3, 4, 5, and 6 of this Article, they shall be specifically implemented in the Articles of Chapter II of this Circular.

Chapter II
SPECIFIC PROVISIONS

Section 1

EXPORT OF WOOD AND WOOD PRODUCTS; FIREWOOD, CHARCOAL MADE FROM WOOD OR

FIREWOOD OF NATIVE FOREST WOOD ORIGIN

Article 7. Prohibition on Export

The export of timber and products made from timber is prohibited in the following cases:

1. Round logs and sawn timber from natural forests within the country.

2. Export for commercial purposes of products made from timber belonging to Group IA as defined by the Government (except for timber that is confiscated property according to current regulations of the State and the cases specified in Article 8 of this Circular) and Appendix I of CITES harvested from nature.

Article 8. Export under Conditions or with a Permit

1. Timber and products made from timber may only be exported when there is a legal forest product file in accordance with current laws. When exporting, traders declare goods to the Customs authority regarding quantity and type, and are responsible for the legal origin of the timber.

2. Export of various types of firewood and charcoal, traders declare goods to the Customs authority regarding quantity and type, and are responsible for the legal origin of the goods, without needing to apply for permission.

3. Timber and products made from timber listed in the Appendices of CITES must have a CITES permit issued by the Vietnamese CITES Management Authority.

Article 9. Documents and Issuing Authority for Export Permits for Timber and Products Listed in the Appendices of CITES

1. Application documents for permits:

a) An application for a permit or a CITES permit according to Form No. 01/LN issued together with this Circular;

b) A copy of the trade contract concluded between the relevant parties;

c) Documentation proving the legal origin of the specimen according to current regulations (a copy with the original available for comparison; or a certified copy);

d) A copy of the business registration certificate or business license (for cases requiring registration) or investment certificate (for foreign-invested enterprises); identity card or passport for individuals (only submitted for the first export);

đ) Invoice and other documents proving the legal origin of the timber as confiscated property (a copy with the original available for comparison; or a certified copy).

2. Processing time: 10 (ten) working days from the date all valid documents are received (excluding cases where consultation with CITES Scientific Authorities and related agencies is required). If the documents are incomplete, within 03 (three) working days, the Vietnamese CITES Management Authority must notify the organization or individual to complete the documents. In cases requiring consultation with the Vietnamese CITES Scientific Authority and related agencies, within 05 (five) working days, the Vietnamese CITES Management Authority must notify the organization or individual and this period will not be counted towards the processing time.

3. Validity of the permit: The maximum validity of the permit is 06 (six) months from the date of issuance.

4. Implementing agency: The Vietnamese CITES Management Authority

Traders submit applications at one of the following addresses:

a) The Vietnamese CITES Management Authority:

- Address: House A3, No. 2 Ngoc Ha Street, Ba Dinh District, Hanoi City

- Telephone: (04) 3733 5676; Fax: (04) 3734 6742

- Email: [email protected]

- Website: www.tongcuclamnghiep.gov.vn

b) The Southern Representative Office of the Vietnamese CITES Management Authority:

- Address: Floor 3, Building No. 12, Vo Van Kiet Street, District 1, Ho Chi Minh City

- Telephone: (08) 3821 8206; Fax: (08) 3915 1120

- Email: [email protected]

Section 2

EXPORT AND IMPORT OF WILD ANIMALS AND PLANTS

IN DANGER OF EXTINCTION, RARE, AND ENDANGERED

Article 10. Export of Wild Animal and Plant Specimens that are Endangered, Precious, and Rare

1. Prohibition on Export

Wild animal and plant specimens that are endangered, precious, and rare, originating from nature, shall not be exported for commercial purposes, including:

a) Wild animal specimens that are endangered, precious, and rare belonging to Group IB, and wild plant specimens belonging to Group IA as prescribed by the Government's regulations on managing wild plants and animals that are endangered, precious, and rare.

b) Wild animal and plant specimens that are endangered as specified in Appendix I of CITES.

2. Export with Permit

a) Wild animal and plant specimens that are endangered, precious, and rare for diplomatic purposes, scientific research, exchange between zoos, botanical gardens, exhibitions, circus performances, and exchange or return of specimens among authorized agencies managing CITES in various countries.

b) Export for Commercial Purposes:

- Wild animal and plant specimens that are endangered, precious, and rare from nature as specified in Appendices II and III of the CITES Convention;

- Wild plant specimens from nature belonging to Group IIA as prescribed by the Government;

- Wild animal and plant specimens that are endangered, precious, and rare belonging to Groups I and II as prescribed by the Government and specimens specified in the Appendices of the CITES Convention with origins from breeding or cultivation as prescribed in Decree No. 82/2006/NĐ-CP dated August 10, 2006 of the Government on managing export, import, re-export, entry from sea, transit, breeding, growth, and artificial cultivation of wild species that are endangered, precious, and rare, and Article 5 of Decree No. 98/2011/NĐ-CP dated October 26, 2011 of the Government amending and supplementing certain articles of decrees on agriculture.

Article 11. Import of Wild Animal and Plant Specimens Listed in CITES Appendices

1. Prohibition on Import

Strictly prohibit the import of wild animal and plant specimens listed in Appendix I of CITES from nature for commercial purposes.

2. Import with Permit

a) Wild animal and plant specimens listed in Appendix I of CITES from nature may only be imported for diplomatic purposes, scientific research, exchange between zoos and botanical gardens, exhibitions, circus performances without profit-making purposes, and exchange or return of specimens among authorized agencies managing CITES in various countries.

b) Wild animal and plant specimens listed in Appendix I with origins from breeding farms or artificial cultivation facilities, specimens specified in Point a Clause 2 of this Article, and wild animal and plant specimens listed in Appendices II and III of the CITES Convention must be issued permits by the CITES Management Authority of Vietnam.

Article 12. Documents, Issuing Authorities, and Validity Period of Permits for Export and Import of Wild Animal and Plant Specimens Listed in CITES Appendices

1. Export Documents:

a) Export for Commercial Purposes:

- Application for a Permit and CITES Permit according to Form No. 01/LN issued together with this Circular;

- A copy of the trade contract concluded between the relevant parties.

- A copy of the business registration certificate or business license (if required) or investment certificate (for foreign-invested enterprises); identity card or passport for individuals (only submitted for the first export).

- Documentation proving the legal origin of the specimen according to current regulations (photocopies and original copies for verification; or certified photocopies).

b) Export Not for Commercial Purposes

- Application for a Permit and CITES Permit according to Form No. 01/LN issued together with this Circular;

- Written agreement on scientific research cooperation programs or confirmation letters for gifts, diplomatic exchanges (for scientific research and diplomatic purposes) or decisions to attend exhibitions or circus performances (for exhibition and circus performance purposes) issued by competent authorities (photocopies and original copies for verification; or certified photocopies);

- A copy of the document specifying the functions and tasks of the organization.

- Documentation proving the legal origin of the specimen according to current regulations (photocopies and original copies for verification; or certified photocopies);

- A copy of the CITES Import Permit issued by the CITES Management Authority of the importing country for specimens listed in Appendix I of CITES.

2. Import Documents:

a) Import for Commercial Purposes:

- Application for a Permit and CITES Permit according to Form No. 01/LN issued together with this Circular;

- A copy of the trade contract concluded between the relevant parties.

- A copy of the business registration certificate or business license (if required) or investment certificate (for foreign-invested enterprises); identity card or passport for individuals (only submitted for the first export).

- A copy of the Export Permit or Re-export Permit issued by the CITES Management Authority of the exporting or re-exporting country.

- In cases where the imported specimens are live wild animals or plants, the following documents must be provided:

+ Confirmation letter from the provincial forestry inspection agency or a confirmation letter from the provincial specialized management agency for aquatic species regarding the suitability for keeping and caring for the specimens;

+ Confirmation letter from one of the following CITES Scientific Agencies in Vietnam confirming that the importation of such specimens will not have adverse effects on the environment and conservation of species in Vietnam: Institute of Ecology and Biological Resources under the Vietnam Academy of Science and Technology; Vietnam Forestry Science Institute under the Ministry of Agriculture and Rural Development; Vietnam Fisheries Research Institute under the Ministry of Agriculture and Rural Development; Center for Natural Resources and Environment Research under Hanoi National University.

b) Import Not for Commercial Purposes:

- Application for a Permit and CITES Permit according to Form No. 01/LN issued together with this Circular;

- Written agreement on scientific research cooperation programs or confirmation letters for gifts, diplomatic exchanges (for scientific research and diplomatic purposes) or decisions to attend exhibitions or circus performances (for exhibition and circus performance purposes) issued by competent authorities (photocopies and original copies for verification; or certified photocopies);

- A copy of the document specifying the functions and tasks of the organization.

- A copy of the CITES Export Permit issued by the CITES Management Authority of the exporting or re-exporting country.

3. Implementing Authority: As prescribed in Clause 4, Article 9 of this Circular.

4. Validity Period of Permits: The maximum validity period of export and re-export permits is six months; the maximum validity period of import permits is twelve months, calculated from the date of issuance.

Section 3

EXPORT AND IMPORT OF PLANT SEEDS

Article 13. Export of Plant Seeds

1. Prohibition on Export:

Business entities are not allowed to export plant seeds listed in the Catalogue of Rare Plant Seeds Prohibited from Export as prescribed by the Ministry of Agriculture and Rural Development.

2. Export with Permit:

a) Business entities exporting plant seeds listed in the Catalogue of Rare Plant Germplasm for International Exchange in Special Cases and the Catalogue of Restricted Rare Plant Germplasm for International Exchange as prescribed by the Ministry of Agriculture and Rural Development must obtain written approval from the Minister of Agriculture and Rural Development.

b) Business entities exporting plant seeds not listed in the Catalogues specified in Clause 1, Point a of this Article and the Catalogue of Plant Seeds Permitted for Production and Trade in Vietnam must be licensed by the General Department of Forestry (for forestry plant seeds) or the Crop Production Department (for agricultural plant seeds).

3. Export without Permit:

Business entities exporting plant seeds not subject to the provisions of Clauses 1 and 2 of this Article do not need to apply for permission.

4. Export of Agricultural Plant Seeds

a) Components of the application forms:

- Application form for export according to Form No. 01/TT issued together with this Circular;

- Technical declaration according to Form No. 02/TT issued together with this Circular;

- Copy of the Business Registration Certificate or Business Operation Registration Certificate (if required to register) or Investment Certificate (for foreign-invested enterprises); identification card or passport (for individuals);

- In case of export for research, international cooperation, one (01) copy of the cooperation agreement in a foreign language accompanied by one (01) certified Vietnamese translation by a translation agency or the importing business entity;

- In case of export for trade fairs or exhibitions, one (01) copy of the confirmation or invitation letter for participation in trade fairs or exhibitions in a foreign language accompanied by one (01) certified Vietnamese translation by a translation agency or the exporting business entity;

- In case of export as gifts, one (01) copy of the certificate between both parties in a foreign language accompanied by one (01) certified Vietnamese translation by a translation agency or the importing business entity.

b) Time limit for supplementing and completing incomplete files: not exceeding three (3) months from the date of receipt of the first application. If the deadline is exceeded and the business entity does not complete the file, a new application must be submitted.

c) Implementing Authority:

- Place to receive applications and deliver results: One-stop Service Desk - Office of the Crop Production Department.

- Website: www.cuctrongtrot.gov.vn

- Address: House A6A, No. 02 Ngoc Ha, Ba Dinh, Hanoi.

- Telephone: 04.3823.4651 Fax: 04.3734.4967.

- Email: [email protected]

5. Export of Forestry Plant Seeds:

The procedures and requirements for exporting forestry plant seeds shall be carried out in accordance with Articles 6 and 30 of this Circular.

Article 14. Import of Plant Seeds

1. Import with Permit:

Business entities importing plant seeds not listed in the Catalogue of Forestry Plant Seeds Permitted for Production and Trade or the Catalogue of Plant Seeds Permitted for Production and Trade in Vietnam, or those without recognition certificates for new forestry plant seeds or new agricultural plant seeds must be licensed by the General Department of Forestry or the Crop Production Department.

2. Import without Permit:

Business entities importing plant seeds listed in the Catalogue of Forestry Plant Seeds Permitted for Production and Trade or the Catalogue of Plant Seeds Permitted for Production and Trade in Vietnam, or those with recognition certificates for new forestry plant seeds or new agricultural plant seeds permitted for production and trade in Vietnam do not need to apply for permission.

Article 15. Components of the application file and the authority issuing the Import Permit for Plant Seeds

1. Application file for requesting permission to import agricultural plant seeds:

a) An import registration form according to Form No. 03/TT issued together with this Circular;

b) A technical declaration form according to Form No. 04/TT issued together with this Circular (only submitted on the first import);

c) A copy of the Business Registration Certificate or the Business Operation Registration Certificate (for cases requiring registration) or Investment Certificate (for foreign-invested enterprises); identity card or passport (for individuals).

d) In cases where plant seeds are imported for the second time or more for trial planting or experimental production, a report on the results of previous imports, trials, and experimental productions must be submitted instead of the documents specified in points b and c, Clause 1, of this Article;

đ) In cases where imports serve research or international cooperation, an additional copy of the cooperation agreement in a foreign language accompanied by a Vietnamese translation certified by a translation agency or the importer must be provided;

e) In cases where imports are for participation in trade fairs or exhibitions, an additional confirmation letter or invitation letter to participate in trade fairs or exhibitions in Vietnam must be provided;

g) In cases where imports are gifts, an additional copy of the confirmation letter between both parties in a foreign language accompanied by a Vietnamese translation certified by a translation agency or the importer must be provided;

h) In cases where imports are for implementing investment programs or projects, the application file must include:

- A certified copy or a copy carried along with the original for comparison of the approval or consent document for the investment program or project issued by the competent state agency or approved by the enterprise in accordance with the law;

- Specifically, in cases where plant seeds are imported to serve construction projects, an additional certified copy of the Certificate of Free Sale (CFS) issued by the competent authority of the exporting country or a certified copy of one of the following documents: conformity certificate, new plant variety certificate, certificate confirming that the plant variety is not included in the list of prohibited uses of the exporting country, other certificates with similar content, accompanied by a Vietnamese translation certified by a translation agency or the importing entity or research and testing results in Vietnam showing that the plant variety is safe for the environment. If the trader submits copies of these documents with the originals for verification.

2. Application file for requesting permission to import genetically modified plant seeds:

a) An import registration form according to Form No. 09/TT issued together with this Circular;

b) A technical declaration form according to Form No. 10/TT issued together with this Circular (only submitted on the first import);

c) A copy of the Business Registration Certificate or the Business Operation Registration Certificate (for cases requiring registration) or Investment Certificate (for foreign-invested enterprises);

d) A copy of the Biosafety Certificate and the Certificate confirming that genetically modified plants meet the conditions for use as food or animal feed issued by the competent Vietnamese state management agency;

e) A comparative trial plan, including narrow and wide-scale comparative trials according to the model prescribed in Appendix 7 issued together with Circular No. 29/2014/TT-BNNPTNT dated September 5, 2014.

3. Application file for requesting an Import Permit for Forestry Plant Seeds:

a) Importing seeds for trial planting or testing

- A forestry plant seed import registration form according to Form No. 02/LN issued together with this Circular;

- The pedigree of the seeds to be imported according to Form No. 03/LN issued together with this Circular;

- Technical design documents for trial planting or testing;

- Related documents such as purchase contracts for seeds or gift certificates from partners.

b) Importing forestry plants for ornamental or shade purposes

- A forestry plant seed import registration form according to Form No. 02/LN issued together with this Circular;

- The pedigree of the seeds to be imported according to Form No. 03/LN issued together with this Circular;

- A document from the local Department of Agriculture and Rural Development approving the plan and requesting the importation of seeds;

- Related documents such as purchase contracts for seeds or gift certificates from partners.

4. Time limit for supplementing and completing an incomplete application file: not exceeding three months from the date of receipt of the initial application. If the deadline is exceeded and the trader does not complete the application file, a new application must be submitted.

5. Implementing agency:

a) For agricultural plant seeds: Crop Cultivation Department

- Place to receive and return the application: One-stop Service Counter - Office of the Crop Cultivation Department

- Website: www.cuctrongtrot.gov.vn.

- Address: House A6A, No. 02 Ngoc Ha, Ba Dinh, Hanoi.

- Telephone: 04.3823.4651 Fax: 04.3734.4967

- Email: [email protected]

b) For forestry plant seeds: Forest Administration General Department

- Place to receive and return the application: Office of the Forest Administration General Department

- Address: No. 2 Ngoc Ha - Ba Dinh - Hanoi.

- Telephone: 04.3843.8792 Fax: 04.3843.8793

- Email: [email protected]

Section 4

EXPORT AND IMPORT OF ANIMAL BREEDING SEEDS

Article 16. Export of Livestock Breeds

1. Export with Permit

Business entities shall trade with foreign countries livestock breeds listed in the Catalogue of Prohibited Exported Livestock Breeds and the Catalogue of Rare Livestock Breeds for Conservation Purposes for scientific research or other special purposes as decided by the Minister of Agriculture and Rural Development.

2. Export without Permit

Business entities may export livestock breeds not listed in the Catalogue of Prohibited Exported Livestock Breeds and the Catalogue of Rare Livestock Breeds for Conservation Purposes issued by the Ministry of Agriculture and Rural Development.

Article 17. Import of Livestock Breeds

1. Business entities are only allowed to import livestock breeds listed in the Catalogue of Permitted Livestock Breeds for Production and Business in Vietnam issued by the Ministry of Agriculture and Rural Development or new livestock breeds recognized by a document without needing a permit.

2. Import with Permit

The import of semen, embryos, and diluted conservation media for livestock breeds must be approved in writing by the Livestock Service.

Business entities importing livestock breeds outside the Catalogue of Permitted Livestock Breeds for Production and Business in Vietnam for research, trial, or other special cases must obtain written approval from the Livestock Service.

Article 18. Components of Application Forms, Authorities Issuing Export and Import Permits for Livestock Breeds and Semen, Embryos, Diluted Media, and Conservation Media for Semen of Livestock Breeds.

a) Application form for issuance of a certificate confirming eligibility to operate electronic authentication services according to Model XT01 attached to this Decree;

a) Application forms for exporting and importing livestock breeds and rare livestock genetic resources:

Application form for exporting and importing livestock breeds or rare livestock genetic resources according to Form No. 01/CN issued together with this Circular;

International exchange history of rare livestock genetic resources according to Form No. 02/CN issued together with this Circular;

Copy of the cooperative research project or research contract containing contents related to the export and import of rare livestock genetic resources.

b) Application forms for importing livestock breeds outside the Catalogue of Permitted Livestock Breeds for Production and Business in Vietnam:

Application form for importing livestock breeds for trial according to Form No. 03/CN issued together with this Circular;

Breed history documentation including breed name, breed grade, origin, quantity, economic and technical indicators, and breeding and care procedures, common diseases of such livestock (if any). The documentation must be confirmed by the competent authority of the exporting country. The documentation can be either original or certified copy accompanied by a Vietnamese translation confirmed by the importing entity. In case of direct submission, it must be a photocopy of the original for verification.

Content of trials and inspections (location, monitoring criteria);

Copy of the Business Registration Certificate (for entities required to register business) or Investment License (for foreign-invested enterprises) or Establishment Decision confirmed by the organization registering the import for the first-time import registration.

c) Application forms for importing semen and embryos:

Application form for importing semen and embryos according to Form No. 04/CN issued together with this Circular;

For large ruminant breeds (grazing animals): Breed history documentation confirmed by the authorized organization of the exporting country. The breed history of semen is the three-generation history of the male parent producing semen; for embryos, it is the three-generation history of the sire and dam producing embryos and must be confirmed by the authorized organization of the exporting country. Semen cannot be imported more than 60 months from the date of production for bull and cow semen.

For pig breeds: Documentation of the origin of pig semen, including breed name, individual male breed grade; breeding and exploitation facility of the male breed;

The documentation can be either original or certified copy accompanied by a Vietnamese translation confirmed by the importing entity. In case of direct submission, it must be a photocopy of the original for verification.

Copy of the Business Registration Certificate (for entities required to register business) or Investment License (for foreign-invested enterprises) or Establishment Decision confirmed by the organization registering the import for the first-time import registration.

d) Importing diluted and conservation media for livestock semen for trial:

Application form for importing according to Form No. 05/CN issued together with this Circular;

Information on technical criteria of diluted and conservation media. The documentation can be either original or certified copy accompanied by a Vietnamese translation confirmed by the importing entity. In case of direct submission, it must be a photocopy of the original for verification;

Copy of the Business Registration Certificate (for entities required to register business) or Investment License (for foreign-invested enterprises) confirmed by the organization registering the import for the first-time import registration.

2. Implementing Authority: Livestock Service

- Place to receive applications: One-stop Service Desk - Office of the Livestock Service

- Address: No. 16 Thuy Khue - Tay Ho - Hanoi

- Telephone: 04.3734.5443, Fax: 04.3734.5444

- Email: [email protected]

Section 5

IMPORT OF VETERINARY DRUGS

1. The importation of vaccines, biological products, microorganisms with certificates for circulation in Vietnam or listed in the Catalogue of veterinary drugs permitted for circulation in Vietnam must be approved in writing by the Department of Animal Health and must comply with quality control requirements under the law.

2. Veterinary drugs without certificates for circulation or not included in the Catalogue of veterinary drugs permitted for circulation in Vietnam may be imported in the following cases:

a) Raw materials for producing veterinary drugs with certificates for circulation;

b) For sampling to conduct research, testing, diagnostic assays, trials, and registration for circulation;

c) Reference substances, reference samples for diagnosis and testing related to veterinary matters; veterinary drugs for exhibition at trade fairs, conferences, and treatment of rare animals;

d) International organization aid and other non-commercial imports;

đ) To prevent and control urgent animal epidemics and to mitigate the consequences of natural disasters.

3. In case of an urgent epidemic, the importation of veterinary vaccines without certificates for circulation in Vietnam for preventing and controlling the epidemic shall be decided by the Minister of Agriculture and Rural Development.

Veterinary drugs with certificates for circulation in Vietnam or listed in the Catalogue of veterinary drugs permitted for circulation in Vietnam may be imported and exported (except in the cases specified in Clause 1 of Article 19 of this Circular) and must comply with quality control requirements under the law.

a) Application form for issuance of a certificate confirming eligibility to operate electronic authentication services according to Model XT01 attached to this Decree;

a) Application dossier for importing raw materials for veterinary drugs includes:

- Application form for importing veterinary drugs according to Form No. 01/TY issued together with this Circular. At the same time, send the electronic file (Word, Excel) to the email address: [email protected];

- Certificate of Good Manufacturing Practice (GMP) or Quality Management System (ISO) certificate or equivalent standard of the manufacturer (for certain common chemicals);

- Product Circulation Certificate issued by the competent authority of the exporting country (CFS, CPP, MA);

- Product quality analysis certificate (CoA) of the manufacturer;

- Copy of the Business Registration Certificate for importing veterinary drugs issued by the central animal health authority for the entity requesting the import permit;

b) Application dossier for importing samples of veterinary drugs for research, testing, diagnostic assays, trials, and registration for circulation includes:

- Application form for importing veterinary drugs according to Form No. 01/TY issued together with this Circular. At the same time, send the electronic file (Word, Excel) to the email address: [email protected];

- Copy of the Business Registration Certificate of the organization or individual requesting the Import Permit for veterinary drugs;

- Certificate of Good Manufacturing Practice (GMP) or Quality Management System (ISO) certificate or equivalent standard of the manufacturer (for certain common chemicals);

- Product Circulation Certificate issued by the competent authority of the exporting country (CFS, CPP, MA);

- Product quality analysis certificate (CoA) of the manufacturer;

- Summary of product characteristics.

c) Application dossier for importing reference substances, kits for diagnosis and testing, participation in trade fair exhibitions, and treatment of rare animals includes:

- Application form for importing veterinary drugs according to Form No. 01/TY issued together with this Circular. At the same time, send the electronic file (Word, Excel) to the email address: [email protected];

- Product quality analysis certificate (CoA) of the manufacturer;

- Summary of product characteristics;

- Product label.

d) Application dossier for importing vaccines, biological products, microorganisms listed in the Catalogue of veterinary drugs permitted for circulation in Vietnam or already having certificates for circulation in Vietnam includes:

- Application form for importing veterinary drugs according to Form No. 02/TY issued together with this Circular. At the same time, send the electronic file (Word, Excel) to the email address: [email protected];

- Copy of the Business Registration Certificate for importing veterinary drugs issued by the central animal health authority for the entity requesting the import permit;

đ) Application dossier for importing veterinary drugs in the cases specified in point d, đ of Clause 2 of Article 19 of this Circular includes:

- Application form for importing veterinary drugs according to Form No. 01/TY issued together with this Circular. At the same time, send the electronic file (Word, Excel) to the email address: [email protected];

- Copy of the Business Registration Certificate with appropriate business activities of the organization or individual requesting the Import Permit for veterinary drugs;

- Certificate of Good Manufacturing Practice (GMP) or Quality Management System (ISO) certificate or equivalent standard of the manufacturer (for certain common chemicals);

- Product Circulation Certificate issued by the competent authority of the exporting country (CFS, CPP, MA);

- Product quality analysis certificate (CoA) of the manufacturer;

e) Types of GMP, ISO, FSC, CPP, MA, CoA certificates accompanying the application dossier can be submitted in original or certified copies (certified true copy or notarized copy) or photocopies, while the original must be presented for inspection if submitted directly.

2. Implementing agency: Department of Animal Health

- Receiving and delivering office: Office of the Department of Animal Health

- Address: 15/78 Giải Phóng, Phương Mai, Đống Đa, Hà Nội

- Telephone: +(844) 3869.5527/3869.6788

- Email: [email protected]

Chapter 6

IMPORT OF PLANT PROTECTION CHEMICALS AND LIVE ORGANISMS MUST HAVE

PLANT HEALTH INSPECTION PERMIT FOR IMPORT

Article 22. The importation of plant protection products shall be carried out as follows:

1. The importation of plant protection products shall be implemented in accordance with the provisions of Article 67 of the Law on Plant Protection and Quarantine.

2. In cases where authorization for importation is granted, the organization or individual receiving the authorization must present the power of attorney from the organization or individual named in the registration to the importing organization or individual at the Customs authority.

3. Plant protection products listed in the Catalogue of Permitted Plant Protection Products for Use in Vietnam must meet the following requirements:

a) Technical products must have an active ingredient content equal to or higher than that of technical products in the Catalogue and must be imported from manufacturers with clear origin and source;

b) Finished products must have an active ingredient content, form, and finished product manufacturer consistent with the Certificate of Registration for Plant Protection Products in Vietnam and must still have at least two-thirds of the shelf life indicated on the product label remaining from the date of arrival in Vietnam;

c) Finished products must meet the physical and chemical properties regarding suspension rate and emulsion stability corresponding to each type of finished product;

d) Technical products and finished products must comply with the regulations on harmful impurities set forth in National Technical Regulations (QCVN), National Standards (TCVN), and Basic Standards (TC) of the Plant Protection Department.

4. Importation of methyl bromide and responsibilities of organizations importing methyl bromide

a) Only plant protection products containing methyl bromide as an active ingredient may be imported from countries participating in the Montreal Protocol.

b) Methyl bromide may only be imported and used for plant quarantine purposes, fumigation for export quality phytosanitary standards (QPS), and other cases as specified in the Montreal Protocol.

c) Enterprises importing methyl bromide must hold a Certificate of Professional Practice for Fumigation Treatment of Quarantine Objects Using Fumigation Methods.

d) Methyl bromide may only be used in accordance with the registration with the Plant Protection Department and must be subject to inspection and supervision by state management authorities regarding its use;

đ) Methyl bromide-containing products may only be sold to organizations holding a Certificate of Professional Practice for Fumigation Treatment of Quarantine Objects Using Fumigation Methods;

e) Report to the Plant Protection Department on the situation of importation, use, and sale of methyl bromide according to Form 03/BVTV issued together with this Circular. The deadline for submitting the report is June 15 for the first six months of the year and January 15 of the following year for the annual report.

g) Organizations are not permitted to import methyl bromide if they violate any of the following circumstances: Failure to comply with the reporting regime as prescribed or providing false reports about the situation of importation, use, and sale of methyl bromide; Misuse of the purpose authorized; organizations having their Certificate of Professional Practice for Fumigation Treatment of Quarantine Objects Using Fumigation Methods revoked.

Article 23. Objects for importation must have a Phytosanitary Import Permit.

Merchants are only allowed to import objects listed in the Catalogue of Objects Subject to Phytosanitary Inspection that require risk analysis before importation into Vietnam or transit of objects subject to phytosanitary inspection when they have a Phytosanitary Import Permit issued by the Plant Protection Department.

Article 24. Components of the application file, validity, and issuing authority for the Plant Quarantine Import Permit and Plant Protection Product Import Permit

1. Documents

a) Importing sample pesticides for testing, experimentation, and research

Application form for the Plant Protection Product Import Permit according to Form 01/BVTV issued together with this Circular;

Certified copy or photocopy (bring original for verification) of the Enterprise Registration Certificate (only submitted once) or other documents proving legal entity status;

Photocopy of the Sample Testing Permit for the sample pesticide or Chemical Safety Sheet for the sample pesticide;

Research outline on the proposed imported plant protection product (for cases of importation for research purposes).

b) Importing standard substances

Application form for the Plant Protection Product Import Permit according to Form 01/BVTV issued together with this Circular;

Certified copy or photocopy (bring original for verification) of the Enterprise Registration Certificate or other documents proving legal entity status of the organization or individual applying to import standard substances.

c) Importing pesticides for use in foreign investment projects in Vietnam, as samples, for exhibitions, trade fairs, and special cases as decided by the Minister of Agriculture and Rural Development.

Application form for the Plant Protection Product Import Permit according to Form 01/BVTV issued together with this Circular;

Certified copy or photocopy (bring original for verification) of the Enterprise Registration Certificate or Investment License (only submitted once) or other documents proving legal entity status of the organization or individual applying to import;

Certified copy of the import contract;

Certified copy of the Free Sale Certificate (FSC) from the exporting country when importing plant protection products containing active ingredients not listed in the approved list of plant protection products in Vietnam.

d) Importing fumigant pesticides, active ingredients classified as acute toxicity categories I and II according to the GHS classification

Application form for the Plant Protection Product Import Permit according to Form 01/BVTV issued together with this Circular;

Certified copy or photocopy (bring original for verification) of the Enterprise Registration Certificate or Investment License (only submitted once).

Photocopy of the Professional Practice Certificate for fumigation quarantine treatment issued by the Plant Protection Department (only submitted once) for cases of importing fumigant pesticides;

d) Application file for requesting the Plant Quarantine Import Permit:

Application form for the Plant Quarantine Import Permit according to Form 04/BVTV issued together with this Circular;

Photocopy of the Commercial Contract;

Photocopy of the Business Registration Certificate of the organization or individual.

2. Reviewing the application file and issuing the Plant Protection Product Import Permit

The Plant Protection Department reviews the application file within five working days for applications for the Plant Protection Product Import Permit; fifteen days for applications for the Plant Quarantine Import Permit from the date of receipt of a complete application as prescribed.

a) If the application is valid, issue the Plant Protection Product Import Permit (according to Form 02/BVTV issued together with this Circular) and the Plant Quarantine Import Permit (according to Form 05/BVTV issued together with this Circular).

b) If the application is invalid, notify the organization or individual of the required supplementary or corrective information according to regulations.

c) In cases where the Plant Protection Product Import Permit or the Plant Quarantine Import Permit is not issued, the Plant Protection Department shall notify the organization or individual in writing and specify the reasons.

3. Validity of the Permit:

The Plant Protection Product Import Permit and the Plant Quarantine Import Permit are valid for the entire consignment specified in the permit and have a validity period as specified for each type of product but not exceeding one year from the date of issuance. The methyl bromide import permit is only valid for the year of issuance.

4. Implementing body:

The Plant Protection Department issues the Plant Protection Product Import Permit and the Plant Quarantine Import Permit

- Address: 149 Ho Dac Di, Dong Da - Hanoi

- Tel: 04.3533.0361 Fax: 04.3533.3056;

- Email: [email protected]; [email protected]

Section 7

IMPORT OF FEED FOR LIVESTOCK AND POULTRY

Article 25. Import of Livestock and Poultry Feed

1. For livestock and poultry feed that have been permitted to circulate in Vietnam, when importing, organizations and individuals shall handle procedures at customs authorities and conduct quality inspection according to Chapter III of Circular No. 66/2011/TT-BNNPTNT dated October 10, 2011 detailing certain provisions of Government Decree No. 08/2010/NĐ-CP dated February 5, 2010 on the management of livestock and poultry feed.

2. For livestock and poultry feed not yet permitted to circulate in Vietnam, when importing, there must be a decision recognizing livestock and poultry feed permitted to circulate in Vietnam issued by the Livestock Production Department and quality inspection conducted according to Chapter III of Circular No. 66/2011/TT-BNNPTNT. Quality recognition shall be made through one of the following two forms:

a) Quality recognition through review of documentation.

b) Quality recognition through testing (for new types of livestock and poultry feed) as stipulated in Clause 7, Article 3 and Clause 1, Article 12 of Government Decree No. 08/2010/NĐ-CP and Chapter IV of Circular No. 66/2011/TT-BNNPTNT.

Article 26. Components of Application for Recognition of Quality of Imported Livestock and Poultry Feed and Issuing Authority

1. The application for recognition of quality of imported livestock and poultry feed includes:

a) Components of the application forms:

Form requesting recognition of quality of imported livestock and poultry feed (Form No. 06/CN attached hereto);

Free Sale Certificate or equivalent document of imported livestock and poultry feed issued by the competent authority of the exporting country in accordance with Decision No. 10/2010/QĐ-TTg dated February 10, 2010 of the Prime Minister on Free Sale Certificates for export and import products and goods;

Product information sheet provided by the manufacturer including: names of raw materials, quality standards and food safety requirements, functions, usage instructions;

Product label;

Declaration of applied standards by the organization or individual applying for quality recognition; Vietnamese language supplementary labels in accordance with regulations;

Test result certificate of quality and food safety standards of the manufacturer having one of the Good Manufacturing Practice (GMP), Hazard Analysis and Critical Control Points (HACCP), International Organization for Standardization (ISO) certificates or equivalent certificates. In case the manufacturer does not have any of these GMP, HACCP, ISO certificates or equivalent certificates, the test result certificate must be issued from laboratories designated or recognized by the competent authority of the exporting country, international or regional certification organizations, or designated or recognized by the Livestock Production Department;

Certified copy of Business Registration Certificate or Investment Certificate of the organization or individual applying for quality recognition (only submitted once);

Power of attorney from the manufacturer to the organization or individual registering;

b) The application may be original or certified copies accompanied by a Vietnamese translation verified by the organization or individual importing. If the original is not in English, the Vietnamese translation must be certified by a translator and verified;

c) Within three working days from receiving the application for quality recognition, the Livestock Production Department shall check the application components and notify in writing to the organization or individual applying for any missing or incomplete components to be supplemented. In cases involving more than ten products, the time limit for checking the application components shall not exceed five working days;

If the application is valid and the product meets quality requirements, within twelve working days, the Livestock Production Department shall issue a decision recognizing livestock and poultry feed permitted to circulate in Vietnam (Model 4A attached to Circular No. 50/2014/TT-BNNPTNT) after approval by the Minister of Agriculture and Rural Development. In cases involving more than ten products, each additional product beyond ten will be granted an extra day. If the decision is not issued, the Livestock Production Department must respond in writing and specify the reasons;

2. Importing livestock and poultry feed not yet permitted to circulate in Vietnam for exhibition at trade fairs or for laboratory analysis samples:

a) Documents for importing for exhibition at trade fairs include:

Form requesting importation (Form No. 07/CN attached hereto);

Original confirmation letter regarding organizing or participating in trade fairs in Vietnam;

b) Documents for importing livestock and poultry feed for laboratory analysis samples include:

Form requesting importation for laboratory analysis samples (Form No. 07/CN attached hereto);

Photocopy of agreement on analytical service use between a domestic laboratory and a laboratory, enterprise, or feed management agency of the exporting country, committing that the imported product is non-commercial;

c) Within five working days from receiving a valid application, the Livestock Production Department shall issue a written response approving or disapproving the importation (Form No. 09/CN attached hereto). If the importation is not approved, the Livestock Production Department must respond in writing and specify the reasons;

3. Application for Confirmation of Quality Inspection of Imported Livestock and Poultry Feed:

Quality inspection registration form (three copies) (Form No. 10/CN attached hereto);

Photocopies of import documents confirmed by the importer: Purchase Contract, Packing List, Invoice, Certificate of Analysis issued by the exporting country for the batch, declaration of applied standards by the importer; certificate of recognition of livestock and poultry feed permitted to circulate in Vietnam; photocopy of the Livestock Production Department's document on exemption from quality inspection or reduced inspection regime (if applicable);

4. Implementing Authority: Livestock Production Department

- Place to submit application: Single Window Office - Livestock Production Department Office

- Address: No. 16 Thuy Khue - Tay Ho - Hanoi

- Phone: 04.3734.5443 Fax: 04.3734.5444

- Email: [email protected]

Section 8

IMPORT OF FERTILIZERS

Article 27. Import of fertilizers

1. Import with Permit:

Merchants importing fertilizers under the following cases must have a Permit:

a) Fertilizers for testing;

b) Fertilizers specifically used for sports fields, entertainment areas;

c) Fertilizers specifically used by foreign-invested companies to serve production within the company's premises; used in foreign projects in Vietnam, as gifts, as samples;

d) Fertilizers participating in trade fairs, exhibitions;

đ) Fertilizers or raw materials to produce types of fertilizers listed in the published conformity list;

e) Fertilizers for scientific research.

2. Import without Permit:

Merchants importing fertilizers under the following cases do not need to apply for permission:

a) Fertilizers listed in the Directory of Fertilizers Permitted for Production, Business, and Use in Vietnam issued by the Ministry of Agriculture and Rural Development from August 9, 2008 to November 27, 2013.

b) Fertilizers listed in the published conformity list issued by the Ministry of Agriculture and Rural Development and the Ministry of Industry and Trade.

Article 28. Components of the application file, authority issuing the Import Permit for Fertilizers

a) Application form for issuance of a certificate confirming eligibility to operate electronic authentication services according to Model XT01 attached to this Decree;

a) The fertilizer import registration form according to Form No. 05/TT issued together with this Circular;

b) Technical declaration form according to Form No. 06/TT issued together with this Circular;

c) Photocopy of the Enterprise Registration Certificate or Business Registration Certificate (for cases requiring registration) or Investment Certificate (for foreign-invested enterprises); identification card or passport (for individuals); certified photocopy or photocopy carried along with the original for comparison of the approval document for investment programs or projects by competent state agencies (for foreign projects in Vietnam) or programs or projects approved by the enterprise in accordance with the law;

d) Foreign language description of the composition, nutrient content, functions, usage instructions, and accompanying warnings, accompanied by a Vietnamese translation signed and stamped by the translation agency or the importing entity;

đ) In cases of importing fertilizers as prescribed in points a, b, c Clause 1 of Article 27 of this Circular: in addition to the documents and materials specified in points a, b, c, d of this Clause, merchants must submit a certified photocopy or photocopy carried along with the original for comparison, accompanied by a Vietnamese translation confirmed by the translation agency or the importing entity, the Free Sale Certificate (FSC) issued by the exporting country or Confirmation of Conformity or Confirmation of Product Not Listed in the Prohibited Substances Directory of the Exporting Country or Patent for import for testing purposes;

e) In cases of importing fertilizers as prescribed in point d Clause 1 of Article 27 of this Circular: in addition to the documents and materials specified in points a, b, c, d of this Clause, merchants must submit additionally the Confirmation Letter or Invitation to Participate in Trade Fairs, Exhibitions in Vietnam.

2. Time limit for supplementing and completing incomplete files: Not exceeding three months from the date of the first submission of the file. If the deadline is exceeded and the merchant does not supplement or complete the file, they must submit a new file.

3. Implementing agency: Crop Cultivation Department

- Place to receive applications: One-stop Service Desk – Office of the Crop Cultivation Department

- Address: No. 2 Ngoc Ha – Ba Dinh – Hanoi.

- Telephone: 04.3823.4651 Fax: 04.3734.4967

- Email: [email protected]

Section 9

EXPORT AND IMPORT OF PLANT GENETIC RESOURCES FOR RESEARCH AND SCIENTIFIC AND TECHNICAL EXCHANGE

FOR RESEARCH, SCIENTIFIC AND TECHNICAL EXCHANGE

Article 29. General provisions on export and import of plant genetic resources

1. A trader exporting plant genetic resources listed in the International Exchange List of Rare Plant Genetic Resources for Special Cases and the Restricted International Exchange List of Rare Plant Genetic Resources, as prescribed by the Ministry of Agriculture and Rural Development, must obtain written approval from the Minister of Agriculture and Rural Development.

2. A trader exporting or importing plant genetic resources not included in the Lists 1 and 2 as stipulated in Clause 1 of this Article, the Prohibited Export List of Rare Plant Varieties, and the Permitted Production and Business List of Plant Varieties, as prescribed by the Ministry of Agriculture and Rural Development, must be licensed by the Crop Cultivation Department.

Article 30. Components of the application dossier and the agency issuing the Export/Import Permit for plant genetic resources for research and scientific and technical exchange

a) Application form for issuance of a certificate confirming eligibility to operate electronic authentication services according to Model XT01 attached to this Decree;

a) An application form for export/import of plant genetic resources according to Form No. 07/TT issued together with this Circular;

b) Information about the plant genetic resources being applied for export/import according to Form No. 08/TT issued together with this Circular;

c) Copies and translations of the project cooperation research agreement; research contract; and memorandum of understanding with foreign partners for cases of export/import of plant genetic resources for scientific and technical cooperation, signed and stamped by the applying entity.

2. Time limit for processing:

a) The processing time for cases stipulated in Clause 1 of Article 29 of this Circular is 10 (ten) working days from the date of receipt of complete dossiers;

b) The processing time for cases stipulated in Clause 2 of Article 29 of this Circular is 05 (five) working days from the date of receipt of complete dossiers.

3. Time to supplement和完善上述越南语法律文本的英文翻译，确保其专业性和准确性。特别注意保持条款之间的逻辑关系和细节描述的完整性。以下是剩余部分的翻译：

4. Implementing authority: Crop Cultivation Department

- Location for receiving applications and delivering results: One-stop Service Counter – Office of the Crop Cultivation Department

- Address: No. 2 Ngoc Ha Street, Ba Dinh District, Hanoi City.

- Telephone: 04.3823.4651 Fax: 04.3734.4967

- Email: [email protected]

- Website: www.cuctrongtrot.gov.vn.

Section 10

EXPORT AND IMPORT OF GOODS

SPECIALTY FISHERIES

Article 31. Export of Aquatic Products

1. Prohibition on Export:

It is prohibited to export aquatic species listed in the List of Prohibited Exported Aquatic Species attached as Appendix 1 to this Circular, except as provided for in Clause 3 of this Article.

2. Exports without permission:

a) Aquatic species not listed in the List of Prohibited Exported Aquatic Species attached as Appendix 1 to this Circular, when exporting, traders shall handle customs procedures. For aquatic species managed under CITES, they shall follow the regulations of the CITES Vietnam.

b) Aquatic species listed in the Conditional Export List of Aquatic Species attached as Appendix 2 to this Circular, if meeting the conditions specified in this Appendix, when exporting, traders shall handle customs procedures. For aquatic species managed under CITES, they shall follow the regulations of the CITES Vietnam.

3. Exports with permission:

Traders may export aquatic species listed in the List of Prohibited Exported Aquatic Species attached as Appendix 1 to this Circular in certain cases to implement international treaties that Vietnam has signed or joined. The procedures and formalities for obtaining permits shall be carried out according to the provisions of Clauses 4 and 5 of this Article and Article 6 of this Circular. For aquatic species managed under CITES, they shall follow the regulations of the CITES Vietnam.

4. Application dossier for export permit:

a) Export registration form according to Form No. 01/TS issued together with this Circular;

b) International treaties that Vietnam has signed or joined (Photocopy and original for inspection in case of direct submission; or certified copy in case of submission through postal service), and Vietnamese translation thereof must be notarized.

5. Export permit for aquatic products according to Form No. 02/TS issued together with this Circular.

6. Implementing authority: Fisheries General Administration

a) Location for receiving applications: One-stop Service Counter of the Fisheries General Administration.

b) Address: No. 10 Nguyen Cong Hoan Street, Ba Dinh District, Hanoi City.

c) Telephone: 043.7245370. Fax: 043.724.5120.

Article 32. Import of Aquatic Animal Breeding Stock

1. No permit required for importation:

a) Aquatic animal breeding stock listed in the Catalogue of Permitted Aquatic Animal Breeding Stock for Production and Business issued by the Ministry of Agriculture and Rural Development (Catalogue for General Import) or recognized with a new aquatic animal breeding stock certificate, when importing, traders shall complete import procedures at customs authorities and conduct quality inspections according to Circular No. 26/2013/TT-BNNPTNT dated May 22, 2013 of the Ministry of Agriculture and Rural Development on Management of Aquatic Animal Breeding Stock.

b) Aquatic animal breeding stock listed in the Catalogue of Conditional Aquatic Animal Breeding Stock for Import specified in Appendix 3 attached hereto if they meet all conditions set out in this Appendix, when importing, traders shall complete import procedures at customs authorities and conduct quality inspections according to Circular No. 26/2013/TT-BNNPTNT dated May 22, 2013 of the Ministry of Agriculture and Rural Development on Management of Aquatic Animal Breeding Stock.

2. Permit required for importation:

Aquatic animal breeding stock not listed in the Catalogue of Permitted Aquatic Animal Breeding Stock for Production and Business issued by the Ministry of Agriculture and Rural Development (Catalogue for General Import) or the Catalogue of Conditional Aquatic Animal Breeding Stock for Import specified in Appendix 3 attached hereto or not recognized with a new aquatic animal breeding stock certificate, when importing, must be permitted by the Fisheries General Department for trial, research, and introduction at trade fairs and exhibitions. The procedures and formalities for issuing permits are stipulated in Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, and Clause 8 of this Article and Article 6 of this Circular.

3. Documents for registering import of aquatic animal breeding stock for trial:

a) Application for registration of import according to Form No. 03/TS issued together with this Circular;

b) Copy of the Business Registration Certificate or Investment Certificate or Enterprise Registration Certificate with relevant business activities or Decision on functions and tasks related to aquaculture research applicable to public service units (only submitted once);

c) Photographs or drawings describing the imported aquatic animal breeding stock along with its trade name and scientific name;

d) Description of biological characteristics and economic efficiency of the aquatic animal breeding stock requested for import;

đ) Copy of the approval document for trial or trial plan of the aquatic animal breeding stock approved by the Fisheries General Department;

4. Documents for registering import of aquatic animal breeding stock for research:

In addition to the documents mentioned in Point a, Point b, Point c, and Point d of Clause 3 of this Article, it is necessary to supplement: Research plan of the aquatic animal breeding stock approved by the competent authority.

5. Documents for registering import of aquatic animal breeding stock for introduction at trade fairs and exhibitions:

In addition to the documents mentioned in Point a, Point b, Point c, and Point d of Clause 3 of this Article, it is necessary to supplement: Proof of participation in trade fairs and exhibitions in Vietnam and Plan for handling after the period of use at trade fairs and exhibitions.

6. Import permit according to Form No. 04/TS issued together with this Circular.

7. Validity period of the permit: The permit is valid for a maximum of one year from the date of issuance and is indicated on the import permit.

8. Implementing agency: Fisheries General Department

a) Location for receiving applications: One-stop Service Counter of the Fisheries General Administration.

b) Address: No. 10 Nguyen Cong Hoan Street, Ba Dinh District, Hanoi City.

c) Telephone: 043.7245370. Fax: 043.724.5120.

1. No permit required for importation:

Live aquatic products listed in the Catalogue of Live Aquatic Products for Food Consumption Permitted for Normal Import (Annex 5 issued together with this Circular) shall be subject to import procedures at customs authorities when imported by traders.

2. Permit required for importation:

For live aquatic species not listed in the Catalogue prescribed in Clause 1 of this Article intended for food consumption, traders must have their risk assessment conducted by the General Department of Fisheries (applicable to the first import consignment), permission granted, and management and supervision plan approved.

3. Application dossier for import permit (one set), including:

a) Application form for import permit according to Form No. 03/TS issued together with this Circular;

b) Copy of Business Registration Certificate or Investment Certificate (only submitted once);

c) Photographs or drawings depicting the species of live aquatic product requested for import permit, accompanied by trade name and scientific name;

d) Description of biological characteristics of the species of live aquatic product requested for import permit according to Form No. 05/TS issued together with this Circular;

đ) Certificate of origin and export of the species of live aquatic product requested for import permit issued by the competent authority of the exporting country. This document is a copy attached with the original for verification if submitted directly; or a certified copy if submitted via postal service, along with one (01) certified Vietnamese translation;

g) Management and supervision plan for live aquatic products from importation, transportation, storage, retention, processing to consumption according to Form No. 06/TS issued together with this Circular.

4. Procedure

a) The trader requesting the import permit for live aquatic products shall submit the application dossier as stipulated in Clause 3 of this Article to the General Department of Fisheries.

b) In case of direct submission, the General Department of Fisheries will accept the dossier and immediately guide the trader to supplement missing or non-compliant contents. In case of submission through postal service, within three working days from the date of receipt of the dossier, the General Department of Fisheries will respond in writing and specify the necessary corrections and supplements (if any).

c) If the dossier is complete as prescribed, for species of live aquatic products that have not been risk-assessed, within twelve working days, the General Department of Fisheries will establish a Risk Assessment Council and conduct the risk assessment. The Council will conclude and recommend risk management measures that must be implemented for live aquatic species that do not have the potential to become harmful, invasive, or pose a risk of invasion, and meet the conditions for importation as food.

d) Within three working days from the date of the Risk Assessment Council's conclusion, the General Department of Fisheries will consider granting the import permit (according to Form No. 04/TS issued together with this Circular) while approving the management and supervision plan for the consignment of live aquatic species that do not pose a risk of invasion and meet the conditions for importation as food (according to Form No. 06/TS issued together with this Circular).

đ) For subsequent imports of live aquatic products for food consumption that have been assessed as posing no risk of invasion and meeting the conditions for importation as food, within three working days from the date of receiving the complete dossier as stipulated in Clause 3 of this Article, the General Department of Fisheries will consider approving the management and supervision plan for the consignment of live aquatic products and issuing the import permit.

The trader is permitted to import live aquatic products for food consumption immediately upon receipt of the import permit from the General Department of Fisheries.

e) In case of refusal to grant the import permit, the General Department of Fisheries will notify the requesting trader in writing and specify the reasons.

g) The General Department of Fisheries will update and issue the Catalogue of live aquatic products that have been risk-assessed, publicly announce on the General Department of Fisheries' website, and report to the Ministry of Agriculture and Rural Development.

The import permit and management and supervision plan for the consignment of live aquatic products for food consumption issued by the General Department of Fisheries to the registered importer will be simultaneously sent to the local aquaculture management agency where the consignment is imported for implementation of supervision.

5. Validity period of the permit: The import permit for live aquatic products for food consumption is valid for the entire consignment and has an effective duration specified for each type of live aquatic species but does not exceed one year from the date of issuance.

6. Implementing authority: Fisheries General Administration

a) Location for receiving applications: One-stop Service Counter of the Fisheries General Administration.

b) Address: No. 10 Nguyen Cong Hoan Street, Ba Dinh District, Hanoi City.

c) Telephone: 043.7245370. Fax: 043.724.5120.

Article 34. Import of complete products for water treatment and improvement used in aquaculture; raw materials for producing water treatment and improvement products used in aquaculture (hereinafter referred to collectively as water treatment and improvement products used in aquaculture).

1. No permit required for importation:

a) For water treatment and improvement products used in aquaculture that are already listed in the permitted circulation directory in Vietnam (already permitted for circulation) or have a certificate of circulation in Vietnam, when importing, traders shall handle procedures with customs authorities and conduct quality inspections according to current regulations of the Ministry of Agriculture and Rural Development. In cases where the product is not yet listed in the permitted circulation directory in Vietnam (not yet permitted for circulation), traders must register for product circulation before importation.

b) For water treatment and improvement products used in aquaculture specified in Appendix 4 issued together with this Circular, if they meet all conditions set out in this Appendix, when importing, traders only need to handle customs procedures and conduct quality inspections according to current regulations of the Ministry of Agriculture and Rural Development.

2. Import requires permission: Water treatment and improvement products used in aquaculture that are not named in Appendix 4 issued together with this Circular or are not listed in the permitted circulation directory in Vietnam (not yet permitted for circulation) or do not have a certificate of circulation in Vietnam (imported for trial, research, introduction at trade fairs, exhibitions, or for sample analysis in laboratories). The procedures and requirements for granting permission are carried out according to the provisions of Clause 3, Clause 4, Clause 5, Clause 6, Clause 7, Clause 8, and Clause 9 of this Article and Article 6 of this Circular.

3. Documents for registering import for trial:

a) An import registration form according to Form No. 07/TS issued together with this Circular;

b) Original or certified true copy of the Free Sale Certificate of the product issued by the competent authority of the producing country;

c) Photocopy of the Business Registration Certificate or Investment Certificate or Enterprise Registration Certificate with relevant business activities or Decision on the functions and tasks related to aquaculture research applicable to public service units (only submitted once);

d) Original or certified true copy of the Quality Certificate of the manufacturer already certified GMP or of an independent agency of the producing country;

đ) Photocopy of the document permitting trial or the approved trial outline approved by the Fisheries General Department.

4. Documents for importing for research:

In addition to the documents stipulated in point a, point b, point c, and point d of Clause 3 of this Article, it is necessary to supplement the original or certified true copy of the approved research outline.

5. Documents for importing for introduction at trade fairs, exhibitions:

In addition to the documents stipulated in point b and point d of Clause 3 of this Article, the following documents are required:

a) An application for import according to Form No. 08/TS issued together with this Circular;

b) Original or certified true copy of the document proving or confirmation letter regarding the organization or participation in trade fairs, exhibitions in Vietnam;

c) Photocopy of product information provided by the manufacturer including: names of raw materials, quality standards and hygiene safety, functions, usage instructions, and product label;

d) Plan for handling the product after its display period at trade fairs, exhibitions.

6. Documents for importing for sample analysis in laboratories:

In addition to the documents stipulated in point b and point d of Clause 3 of this Article, the following documents are required:

a) An application for import according to Form No. 09/TS issued together with this Circular;

b) Original or certified true copy of the agreement on analytical service between one party being a domestic laboratory and another party being a laboratory or enterprise or management agency of the exporting country, which includes a commitment that the imported product is non-commercial;

c) Photocopy of product information provided by the manufacturer including: names of raw materials, quality standards and hygiene safety, functions, usage instructions, and product label.

The documents stipulated as originals or certified true copies in Clauses 3, 4, 5, and 6 of this Article may be substituted by photocopies and provide originals for verification.

7. Import permit according to Form No. 10/TS issued together with this Circular.

8. Validity period of the permit: The permit is valid for a maximum of 01 (one) year from the date of issuance and is indicated on the import permit.

9. Implementing agency: Fisheries General Department.

a) Location for receiving applications: One-stop Service Counter of the Fisheries General Administration.

b) Address: No. 10 Nguyen Cong Hoan Street, Ba Dinh District, Hanoi City.

c) Telephone: 043.7245370. Fax: 043.724.5120.

d) Email: [email protected]

Article 35. Import of Aquatic Feed (including mixed feed, feed supplements, and raw materials for aquatic feed production)

1. No permit required for importation:

Aquatic feed that is already included in the List of Permitted Circulation in Vietnam (already permitted to circulate) or has a document recognizing its permission to circulate in Vietnam, when imported, traders shall handle procedures with customs authorities and conduct quality inspections according to the current regulations of the Ministry of Agriculture and Rural Development. In cases where the product is not yet included in the List of Permitted Circulation in Vietnam (not yet permitted to circulate), traders must complete registration procedures before importation.

2. Permit required for importation:

Aquatic feed that is not yet included in the List of Permitted Circulation in Vietnam (not circulated) or does not have a document recognizing its permission to circulate in Vietnam may be imported for trial, research, introduction at trade fairs, and laboratory analysis samples. The procedures and licensing process shall be carried out in accordance with the provisions of Clause 3, Clause 4, Clause 5, Clause 6, Clause 7 of this Article and Article 6 of this Circular.

3. Documents for registering import for trial:

a) An import registration form according to Form No. 07/TS issued together with this Circular;

b) Original or certified true copy of the Free Sale Certificate of the product issued by the competent authority of the producing country;

c) A copy of the Business Registration Certificate or Investment Certificate or Enterprise Registration Certificate with relevant business activities or Decision specifying functions and tasks related to aquaculture applicable to public service units (only submitted once);

d) A summary of the characteristics, efficacy, and safety of the product in aquaculture;

đ) Photocopy of the document permitting trial or the approved trial outline approved by the Fisheries General Department.

4. Documents for importing for research:

In addition to the documents stipulated in point a, point b, point c, and point d of Clause 3 of this Article, it is necessary to supplement the original or certified true copy of the approved research outline.

5. Documents for importing for introduction at trade fairs, exhibitions:

In addition to the documents stipulated in point b and point d of Clause 3 of this Article, the following documents are required:

a) An application for import according to Form No. 08/TS issued together with this Circular;

b) Original or certified true copy of the document proving or confirmation letter regarding the organization or participation in trade fairs, exhibitions in Vietnam;

c) Photocopy of product information provided by the manufacturer including: names of raw materials, quality standards and hygiene safety, functions, usage instructions, and product label;

d) Plan for handling the product after its display period at trade fairs, exhibitions.

6. Documents for importing for sample analysis in laboratories:

In addition to the documents specified in point b, Clause 3 of this Article, the following documents are required:

a) An application for import according to Form No. 09/TS issued together with this Circular;

b) Original or certified true copy of the agreement on analytical service between one party being a domestic laboratory and another party being a laboratory or enterprise or management agency of the exporting country, which includes a commitment that the imported product is non-commercial;

c) A copy of the product information provided by the manufacturer including: names of raw materials, quality standards and hygiene safety, usage instructions, and the product label.

The documents specified in Clauses 3, 4, 5, and 6 of this Article may be submitted as copies and the original documents provided for verification.

7. Import permit according to Form No. 10/TS issued together with this Circular.

8. Validity period of the permit: The permit is valid for a maximum of 01 (one) year from the date of issuance and is indicated on the import permit.

9. Implementing agency: General Department of Fisheries

a) Location for receiving applications: One-stop Service Counter of the Fisheries General Administration.

b) Address: No. 10 Nguyen Cong Hoan Street, Ba Dinh District, Hanoi City.

c) Telephone: 043.7245370. Fax: 043.724.5120.

Chapter III
IMPLEMENTING PROVISIONS

Article 36. Effective Date

1. This Circular takes effect from March 29, 2015.

2. This Circular replaces Circular No. 88/2011/TT-BNNPTNT dated December 28, 2011, issued by the Minister of Agriculture and Rural Development guiding the implementation of Decree No. 12/2006/NĐ-CP dated January 23, 2006, of the Government detailing the implementation of the Law on Trade regarding international trade activities and agency, purchase, sale, processing, and transit of goods with foreign countries in the fields of agriculture, forestry, and fisheries.

Abolish Appendix 6, Appendix 7, and Appendix 8 promulgated together with Circular No. 66/2011/TT-BNNPTNT dated October 10, 2011, of the Ministry of Agriculture and Rural Development detailing certain provisions of Decree No. 08/2010/NĐ-CP dated February 5, 2010, of the Government on the management of animal feed.

3. During implementation, if there are difficulties or obstacles, organizations, individuals, and traders should report to the Ministry of Agriculture and Rural Development for timely amendments and supplements.