Circular No. 101/2007/TT-BNN amending and supplementing certain contents of Circular No. 32/2006/TT-BNN dated May 8, 2006 of the Ministry 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 agents, purchasing, selling, processing, and transiting goods with foreign countries.

CIRCULAR

Amending and supplementing certain contents of Circular No. 32/2006/TT-BNN

dated May 8, 2006, issued by the Ministry 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 goods trading activities and agents, purchasing, selling,

processing, and transiting goods with foreign countries.

__________________________

Pursuant to Decree No. 86/2003/NĐ-CP dated July 18, 2003, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to Decree No. 12/2006/NĐ-CP dated January 23, 2006, of the Government detailing the implementation of the Law on Trade regarding international goods trading activities and agents, purchasing, selling, processing, and transiting goods with foreign countries.

In order to resolve difficulties encountered during the implementation process, the Ministry of Agriculture and Rural Development amends and supplements certain contents of Circular No. 32/2006/TT-BNN dated May 8, 2006, 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 goods trading activities and agents, purchasing, selling, processing, and transiting goods with foreign countries, as follows:

1. Amend and supplement Clause 3, Chapter I as follows:

"Goods imported within the list of objects subject to plant quarantine before clearance must comply with the provisions set forth in Decision No. 72/2005/QĐ-BNN dated November 14, 2005, on announcing the List of Objects Subject to Plant Quarantine in Vietnam, Decision No. 73/2005/QĐ-BNN dated November 14, 2005, on issuing the List of Objects for Plant Quarantine in Vietnam, Decision No. 16/2004/QĐ-BNN-BVTV dated April 20, 2004, on issuing regulations on procedures for inspecting objects and establishing plant quarantine records, and Decision No. 35/2007/QĐ-BNN dated April 23, 2007, on announcing the HS code list of the List of Objects Subject to Plant Quarantine in the Socialist Republic of Vietnam."

2. Amend and supplement Point 1.2.a, Clause 1, Chapter II as follows:

"Products made from wood of endangered, precious, and rare species group IA are confiscated according to current State regulations, and group IIA as stipulated in Decree No. 32/2006/NĐ-CP dated March 30, 2006, of the Government on managing forest plants and animals at risk, precious, and rare can only be exported in the form of high-quality and artistic wooden products. When exporting, traders must declare to the customs authority according to current regulations."

3. Amend Point 2.1.d, Clause 2, Chapter II as follows:

"Xylocarpus oil according to Decision No. 45/1999/QĐ-BNN-KL dated March 2, 1999, of the Ministry of Agriculture and Rural Development."

4. Amend and supplement Point 6.4, Clause 6, Chapter II as follows:

"Importation of all types of pesticides and raw materials for producing pesticides listed in the Pesticide Prohibition List in Vietnam issued by the Ministry of Agriculture and Rural Development under Decision No. 22/2005/QĐ-BNN dated April 22, 2005, is prohibited. However, in some cases, importation of standard pesticide substances listed in the Pesticide Prohibition List may be permitted for residue testing and illegal pesticide imports, but such importation must be authorized by the Plant Protection Department."

5. Amend and supplement Point 6.5, Clause 6, Chapter II as follows:

"For live organisms in the field of Plant Protection imported for the first time for trial purposes, they shall be implemented according to Decision No. 34/2007/QĐ-BNN dated April 23, 2007, on announcing the List of Objects Subject to Plant Quarantine that require risk analysis before importation into Vietnam, and Decision No. 48/2007/QĐ-BNN dated May 29, 2007, on issuing regulations on procedures for granting permits for plant quarantine importation of objects requiring risk analysis before importation into Vietnam."

6. Amend all phrases in the Circular: "Customs office" to "customs authority"

This Circular takes effect fifteen days after its publication in the Official Gazette./.