Circular No. 05/2015/TT-BNNPTNT on the procedures and formalities for issuing certificates for the practice of handling objects subject to plant quarantine inspection

CIRCULAR

Regulations on the procedures for issuing the Certificate of Practice for the treatment of plant quarantine objects

handling plant quarantine objects

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

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;

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

The Minister of Agriculture and Rural Development issues this Circular to provide detailed regulations on the procedures for issuing the Certificate of Practice for the treatment of plant quarantine objects.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular provides detailed regulations on the conditions, procedures, and steps for issuing the Certificate of Practice for the treatment of plant quarantine objects.

Article 2. Applicability

This Circular applies to organizations and individuals within the country and foreign organizations and individuals participating in the activity of treating plant quarantine objects (hereinafter referred to as objects) in Vietnam.

Organizations and individuals practicing the treatment of objects must pay fees and charges for reviewing applications and issuing the Certificate of Practice for the treatment of plant quarantine objects (hereinafter abbreviated as the Certificate of Practice), and the Practice Card for the treatment of plant quarantine objects (hereinafter abbreviated as the Practice Card) in accordance with the laws on fees and charges.

Chapter II

ISSUING THE CERTIFICATE OF PRACTICE FOR THE TREATMENT OF PLANT QUARANTINE OBJECTS

Article 4. Detailed provisions on the conditions for practicing the treatment of objects

An organization that is granted the Certificate of Practice for the treatment of plant quarantine objects must meet the following conditions:

1. Technical infrastructure

a) Having a location for treating objects, workshops, warehouses, and equipment suitable for the scale, methods, and types of treatment specified in the national technical standards for the treatment of plant quarantine objects;

b) Having complete equipment for each handling measure as detailed in Appendix I issued together with this Circular;

c) Having a technical process for each handling measure according to National Technical Standards or Basic Standards issued by the Plant Protection Department;

d) Having a Fire Prevention and Fighting Plan approved or an Inspection Report on Fire Safety or documents proving compliance with fire safety conditions as stipulated by law;

đ) Having an environmental protection commitment that has been approved or documents proving compliance with environmental protection conditions as stipulated by law.

2. Human resources

a) The person directly managing and directing the organization practicing the treatment of plant quarantine objects (hereinafter abbreviated as the organization practicing) must have a degree at the bachelor level or higher appropriate to the method of treatment; ensuring health as prescribed;

b) The person directly implementing the handling of objects must have a Practice License issued by the Plant Protection Department.

Article 5. Procedures for issuing the Certificate of Practice

1. The documents include:

a) Application form according to the model attached as Appendix II to this Circular;

b) A technical description of the process, equipment, and list of facilities for treatment corresponding to each method, type, and scale registered according to the model prescribed in Appendix VII attached to this Circular;

c) A certified copy or a copy with the original available for comparison of the graduation certificate at the bachelor's level or higher of the person directly managing and operating;

d) Original Health Examination Certificate of the person directly managing and directing issued by a health authority at the district level or higher; Photocopy of the Health Examination Certificate of the person directly implementing the treatment of objects.

đ) A list of persons directly implementing the handling of objects who have been issued a Practice License;

e) Photocopies of the documents stipulated in points d, đ Clause 1 Article 4 of this Circular;

2. The organization applying for the issuance of the Certificate of Practice for the treatment of objects shall submit the application directly or send it through postal service one set of documents to the Plant Protection Department.

3. Within five working days from the date of receipt of the application, the Plant Protection Department shall review the application and notify the result of the review in writing to the applying organization.

4. Within fifteen working days from the date of receipt of a valid application, the Plant Protection Department shall organize an on-site inspection of the conditions for practicing the treatment of objects of the applying organization and issue the Certificate of Practice for the treatment of plant quarantine objects according to the model prescribed in Appendix V attached to this Circular; if not issued, a written response must be provided with the reasons stated.

5. Content of on-site inspection

a) Inspect the conditions of technical infrastructure and equipment;

b) Inspect the practical treatment of plant quarantine objects according to the contents and procedures registered by the organization practicing.

Article 6. Procedure and formalities for reissuing the Professional Practice Certificate

1. The Professional Practice Certificate shall be reissued in the following cases:

a) Loss, error, damage, or change of information related to the name of the practicing organization;

b) Change of address, scope, or scale of practice;

c) Expiry.

2. Documents for requesting reissue of the Professional Practice Certificate for the cases specified in point a, Clause 1, Article 6 of this Circular:

a) A request form for reissue according to the model prescribed in Appendix III attached to this Circular;

b) The original Certificate for Handling Objects Subject to Plant Quarantine that has been issued (except in cases of loss);

c) A certified copy of documents proving the change of the name of the practicing organization (in case of name change).

3. Documents for requesting reissue for the cases specified in points b and c, Clause 1, Article 6 of this Circular:

a) A request form for reissue according to the model prescribed in Appendix III attached to this Circular;

b) A certified true copy or a photocopy with the original available for comparison of the graduation certificate from bachelor's degree or higher of the person directly managing and operating (in case of change of the person directly managing and operating);

c) Health check certificates issued by a health agency at the district level or higher of the person directly managing and operating and those directly implementing the handling of objects within the scope of plant quarantine;

d) A list of persons directly implementing the handling who have been issued a Practice License at the time of application;

đ) A description of the technical process, means, and list of equipment for handling at the time of application;

e) Photocopies of documents prescribed in points d and đ, Clause 1, Article 4 of this Circular.

4. Procedure and formalities for reissuance

a) For the cases prescribed in point a, Clause 1, Article 6 of this Circular: based on the documents, the Plant Protection Department shall reissue the Professional Practice Certificate for handling objects subject to plant quarantine according to the model prescribed in Appendix V attached to this Circular within five working days from the date of receipt of valid documents;

b) For the cases prescribed in points b and c, Clause 1, Article 6 of this Circular: the procedure and formalities shall be carried out in accordance with the provisions of Clauses 2, 3, 4, and 5, Article 5 of this Circular.

Article 7. Issuance of the Professional Card

The Professional Card shall be issued to individuals meeting the following conditions:

1. Having been trained and tested professionally according to the content of the program prescribed by the Plant Protection Department.

2. Ensuring health as prescribed.

Article 8. Procedure and formalities for issuing the Professional Card

1. The dossier shall include:

a) A request form according to the model prescribed in Appendix IV attached to this Circular;

c) The original health certificate issued by a health authority at district level or higher;

d) Two photographs measuring 2cm x 3cm.

2. The individual requesting issuance of the Professional Card shall submit directly or send via postal service one set of documents to the Plant Protection Department.

3. The Plant Protection Department shall check the validity of the documents immediately upon receiving them directly or within one working day for documents sent via postal service.

Article 9. Procedure and formalities for reissuing the Professional Card

1. The Professional Card shall be reissued in cases of loss, error, or damage.

2. Documents, procedures for reissuing the Professional Card shall be implemented in accordance with the provisions of Article 8 of this Circular.

Chapter III

IMPLEMENTATION

Article 10. Responsibilities of the Plant Protection Department regarding handling activities

1. Organizing inspections of conditions for issuing and reissuing the Professional Practice Certificate for handling objects subject to plant quarantine as prescribed in this Circular.

2. Organizing training, professional testing, and issuing the Professional Card for handling objects subject to plant quarantine.

3. Developing training programs on handling objects.

4. Designating and supervising handling activities for objects subject to plant quarantine that are infected with plant quarantine pests, regulated non-quarantine pests of Vietnam, or new pests.

5. Conducting regular or spot inspections of the activities of practicing organizations and handling violations according to current regulations.

Article 11. Rights and obligations of organizations engaged in the treatment of objects subject to plant quarantine.

1. When carrying out activities to treat objects subject to plant quarantine at the local level, they must notify in writing the Plant Protection Department of the province or centrally governed city.

2. Implement in accordance with Article 42 of the Law on Plant Protection and Plant Quarantine.

Article 12. Transitional Provisions

1. Organizations engaged that have been issued a Certificate of Qualification for fumigation and disinfection of imported and exported objects; a Certificate of Qualification for plant quarantine treatment; or a Certificate of Qualification for fumigation and disinfection for domestic storage prior to the effective date of this Circular shall continue their operations within the scope and scale specified on the certificate until its expiration date.

2. Three months before the expiration date of the certificate specified in Clause 1 of this Article, the organization engaged must submit an application for a Treatment Object Certificate in accordance with Article 6 of this Circular to the Plant Protection Department if there is a need to continue engaging in object treatment activities.

Article 13. Implementation Provisions

1. This Circular takes effect from March 30, 2015.

2. Repeals Decision No. 89/2007/QD-BNN dated November 1, 2007 of the Minister of Agriculture and Rural Development on State Management of Fumigation and Disinfection Activities of Objects Subject to Plant Quarantine; abolishes Article 1 of Circular No. 85/2011/TT-BNNPTNT dated December 14, 2011 of the Minister of Agriculture and Rural Development amending and supplementing certain provisions of Decision No. 89/2007/QD-BNN dated November 1, 2007 on State Management of Fumigation and Disinfection Activities of Objects Subject to Plant Quarantine; and Decision No. 97/2008/QD-BNN dated October 6, 2008 on the Issuance of Certificates of Qualification for Production, Processing, Repackaging, Packaging, and Trading of Plant Protection Chemicals by the Ministry of Agriculture and Rural Development.

3. The Director of the Ministry's Office, the Director of the Plant Protection Department, and related organizations and individuals are responsible for implementing this Circular. During the implementation of this Circular, if there are difficulties or obstacles, agencies, organizations, and individuals should promptly report to the Ministry of Agriculture and Rural Development (Plant Protection Department) for consolidation and submission to the Minister for consideration and decision./.