Circular No. 11/2022/TT-BNNPTNT Amending and Supplementing Certain Provisions on Administrative Procedures in the Field of Plant Protection and Quarantine

CIRCULAR

Amending and supplementing certain provisions on administrative procedures
in the field of plant protection and quarantine

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Pursuant to Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Plant Protection and Quarantine Law 2013;

Pursuant to the Law on Foreign Trade Management dated June 12, 2017;

Pursuant to Decree No. 69/2018/NĐ-CP dated May 15, 2018 of the Government detailing certain provisions of the Law on Foreign Trade Management;

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

The Minister of Agriculture and Rural Development issues this Circular amending and supplementing certain provisions on administrative procedures in the field of plant protection and quarantine.

Article 1. Amending and supplementing certain Articles of Circular No. 21/2015/TT-BNNPTNT dated June 8, 2015 of the Minister of Agriculture and Rural Development on the management of plant protection chemicals (hereinafter referred to as Circular No. 21/2015/TT-BNNPTNT)

1. Amending and supplementing Point b Clause 2 Article 21 as follows: "b) A certified copy or a copy (accompanied by the original for verification) of the decision establishing or the decision specifying functions and tasks in the field of plant protection chemical testing;"

2. Repealing Point b Clause 2 Article 35.

3. Replacing Appendix X issued together with Circular No. 21/2015/TT-BNNPTNT with Appendix I issued together with this Circular.

Article 2. Amending and supplementing certain Articles of Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 of the Minister of Agriculture and Rural Development on the procedures for issuing certificates for practicing plant quarantine objects (hereinafter referred to as Circular No. 05/2015/TT-BNNPTNT)

1. Repealing Point g Clause 1 Article 5.

2. Replacing Appendix II issued together with Circular No. 05/2015/TT-BNNPTNT with Appendix II issued together with this Circular.

Article 3. Amending and supplementing certain Articles of Circular No. 43/2018/TT-BNNPTNT dated December 28, 2018 of the Minister of Agriculture and Rural Development on certain contents regarding export, import of crop and livestock seeds, germplasm of crops; import of plant protection chemicals and import of objects listed in the list of objects subject to plant quarantine requiring risk analysis before importation into Vietnam (hereinafter referred to as Circular No. 43/2018/TT-BNNPTNT)

1. Amending and supplementing Point b Clause 1 Article 9 as follows: "b) A copy of the commercial contract, except for imports for research, testing, and international cooperation purposes."

2. Removing the phrase "or business registration certificate or enterprise registration certificate" from Points a, b, c, d, and đ Clause 1 Article 8; Point c Clause 1 Article 9.

3. Replacing Form No. 01/BVTV, Form No. 04/BVTV Appendix IV issued together with Circular No. 43/2018/TT-BNNPTNT with Appendix III, Appendix IV issued together with this Circular.

Article 4. Implementation provisions

1. This Circular takes effect from September 20, 2022.

2. Transitional Provisions

a) For applications for issuance of Decisions recognizing organizations meeting the conditions to conduct plant protection chemical testing, Certificates of Conditions for Selling Plant Protection Chemicals submitted before the date this Circular takes effect, the provisions of Circular No. 21/2015/TT-BNNPTNT shall apply;

b) For applications for issuance of Certificates for Practicing Plant Quarantine Objects submitted before the date this Circular takes effect, the provisions of Circular No. 05/2015/TT-BNNPTNT shall apply;

c) For applications for issuance of Import Plant Quarantine Permits for objects listed in the list of objects subject to plant quarantine requiring risk analysis before importation into Vietnam, Import Permits for Plant Protection Chemicals submitted before the date this Circular takes effect, the provisions of Circular No. 43/2018/TT-BNNPTNT shall apply.

3. In the course of implementing this Circular, if there are difficulties or obstacles, agencies, organizations, and individuals are requested to promptly reflect them to the Ministry of Agriculture and Rural Development (through the Plant Protection Department) for consideration and resolution./.