Decision No. 1122/QD-BNN-VPTN on announcing administrative procedures to replace, abolish, and cancel those within the jurisdiction of the Ministry of Agriculture and Rural Development.

Pursuant to …;

Regarding the announcement of administrative procedures to replace, abolish, and cancel those within the jurisdiction of the Ministry of Agriculture and Rural Development

 to replace, and those that have been abolished and canceled

 under the jurisdiction of the Ministry of Agriculture and Rural Development

______________________________ 

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

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. 63/2010/ND-CP dated June 8, 2010 of the Government on administrative procedure control and Decree No. 48/2013/ND-CP dated May 14, 2013 of the Government amending and supplementing certain articles of related decrees concerning administrative procedure control;

Pursuant to Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 of the Ministry of Agriculture and Rural Development stipulating the procedures for issuing certificates of practice for plant quarantine treatment;

Pursuant to Circular No. 85/2011/TT-BNNPTNT dated December 14, 2011 of the Ministry of Agriculture and Rural Development amending and supplementing some articles of Decision No. 89/2007/QD-BNN dated November 1, 2007 on state management of fumigation disinfection activities for plant quarantine objects and Decision No. 97/2008/QD-BNN dated October 6, 2008 on issuing certificates of practice for production, processing, bottling, packaging, and trading of plant protection chemicals by the Ministry of Agriculture and Rural Development;

Considering the proposal of the Director of the Plant Protection Department and the Head of the Legal Department,

DECISION:

Article 1. Announced along with this Decision are 04 administrative procedures to replace (10 replaced administrative procedures), 04 administrative procedures to be abolished, and 02 administrative procedures to be canceled within the scope of functions and responsibilities of the Ministry of Agriculture and Rural Development.

Article 2. The replaced, substituted, and abolished administrative procedures shall take effect from the date Circular No. 05/2015/TT-BNNPTNT takes effect.

The canceled administrative procedures shall take effect from the date of issuance of this Decision.

Article 3. The Heads of the Office, the Director of the Plant Protection Department, the Head of the Legal Department, the Heads of General Departments, Departments, Bureaus, and relevant units are responsible for implementing this Decision.

 

Administrative Procedures to Replace and Abolish Within the Scope of Functions and Responsibilities of the Ministry of Agriculture and Rural Development

(Annexed to Decision No. 1122/QD-BNN-BVTV dated April 7, 2015 of the Minister of Agriculture and Rural Development)

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Part I

of the Department of Agriculture and Rural Development

1. List of Administrative Procedures Replaced Within the Scope of Functions and Responsibilities of the Ministry of Agriculture and Rural Development

2. List of Administrative Procedures Abolished and Canceled Within the Scope of Functions and Responsibilities of the Ministry of Agriculture and Rural Development

Part II

SPECIFIC CONTENT OF ADMINISTRATIVE PROCEDURES WITHIN THE SCOPE OF FUNCTIONS AND RESPONSIBILITIES OF THE MINISTRY OF AGRICULTURE AND RURAL DEVELOPMENT

Central Level Administrative Procedures

Agricultural Sector

I. Issuance of Certificate of Practice for Handling Quarantine Objects

1. Implementation Procedure:

- Step 1: The organization applying for the issuance of the Certificate of Practice for Handling Quarantine Objects submits directly or sends via postal service one set of application documents to the Plant Protection Department;

- Step 2: Within five working days from receipt of the application, the Plant Protection Department reviews the application and notifies the result of the review in writing to the applicant organization.

- Step 3: Within fifteen days from the date of receiving valid applications, the Plant Protection Department conducts an on-site inspection of the applicant organization's conditions and issues the Certificate of Practice for Handling Quarantine Objects according to the model specified in Appendix V attached to Circular No. 05/2015/TT-BNNPTNT.

In case of non-issuance, a written response must be provided with clear reasons.

2. Method of Implementation:

Application documents can be submitted directly or sent via postal service to the Plant Protection Department

3. Components and Quantity of Documents:

a) Application form according to Model II issued together with Circular No. 05/2015/TT-BNNPTNT;

b) A description of the technical process, means, and list of equipment for handling each measure, type, and scale registered according to the model prescribed in Appendix VII issued together with Circular No. 05/2015/TT-BNNPTNT;

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) The original health check certificate of the person directly managing and operating issued by a health agency at the district level or higher; a copy of the health check certificate of the person directly implementing the handling of objects;

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

e) A copy of the Fire Prevention and Fighting Plan approved or the Inspection Report on Fire Safety or documents proving compliance with fire safety conditions as stipulated by law; an environmental protection commitment that has been approved or documents proving compliance with environmental protection conditions as stipulated by law;

g) A copy of the Business Registration Certificate.

Number of applications: 01 set

4. Time limit for processing: 15 days

5. Subject implementing administrative procedures: Organizations registering to practice object handling within the scope of plant quarantine

6. Authority implementing administrative procedures: Plant Protection Department

7. Results of implementing administrative procedures: Certificate of Practice in Handling Objects within the Scope of Plant Quarantine (Valid for a period of 05 years).

8. Fees and charges: As prescribed in Circular No. 223/2012/TT-BTC dated December 24, 2012 (Part II, Table of Fee and Charge Levels in the Field of Plant Protection).

9. Names of application forms and declaration forms: Application for Issuance of Certificate of Practice in Handling Objects within the Scope of Plant Quarantine; Description of Technical Process, Means, and List of Equipment for Handling Each Measure, Type, and Scale Registered.

10. Requirements and Conditions for Implementing Administrative Procedures:

* Technical Infrastructure

a) Having a location for handling objects, workshop, storage, and means suitable for the scale, measures, and types of handling as prescribed in national technical standards on handling objects within the scope of plant quarantine;

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.

* Regarding Human Resources

a) The person directly managing and operating of organizations practicing handling objects within the scope of plant quarantine (hereinafter referred to as the organization practicing handling) must have a degree from a bachelor's level or higher appropriate to the handling measures; ensuring health as prescribed;

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

11. Legal basis for administrative procedures:

- Law on Plant Protection and Quarantine No. 41/2013/QH13;

- Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 of the Ministry of Agriculture and Rural Development prescribing the procedures and formalities for issuing certificates of practice in handling plant quarantine;

- Circular No. 223/2012/TT-BTC dated December 24, 2012 of the Ministry of Finance prescribing the system of collection, payment, and management of fees and charges in the field of plant protection.

 

II. Reissue of the Certificate of Practice in Handling Objects within the Scope of Plant Quarantine.

Reissue of the Certificate of Practice in Handling Objects within the Scope of Plant Quarantine in cases where there is a change in address, scope, or scale of practice; expiration of the Certificate of Practice.

1. Implementation procedures:

- Step 1: The organization applying for reissuance of the Certificate of Practice in Handling Objects within the Scope of Plant Quarantine submits directly or sends through postal service 01 set of documents to the Plant Protection Department;

- Step 2: Within five working days from receipt of the application, the Plant Protection Department reviews the application and notifies the result of the review in writing to the applicant organization.

- Step 3: Within fifteen days from the date of receiving valid applications, the Plant Protection Department conducts an on-site inspection of the applicant organization's conditions and issues the Certificate of Practice for Handling Quarantine Objects according to the model specified in Appendix V attached to Circular No. 05/2015/TT-BNNPTNT.

In case of non-reissuance, a written response with clear reasons must be provided.

2. Method of Implementation:

Application documents can be submitted directly or sent via postal service to the Plant Protection Department

3. Components and Quantity of Documents:

a) An application for reissuance according to the model prescribed in Appendix III issued together with Circular No. 05/2015/TT-BNNPTNT;

b) 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 (in case of a change in 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) A copy of the Fire Prevention and Fighting Plan approved or the Inspection Report on Fire Safety or documents proving compliance with fire safety conditions as stipulated by law, an environmental protection commitment that has been approved or documents proving compliance with environmental protection conditions as stipulated by law.

Number of applications: 01 set.

4. Time limit for processing: 15 days

5. Subject implementing administrative procedures: Organizations registering to practice handling objects within the scope of plant quarantine.

6. Authority implementing administrative procedures: Plant Protection Department.

7. Results of implementing administrative procedures: Certificate of Practice in Handling Objects within the Scope of Plant Quarantine.

8. Fees and charges: As prescribed in Circular No. 223/2012/TT-BTC dated December 24, 2012 (Part II, Table of Fee and Charge Levels in the Field of Plant Protection).

9. Names of application forms and declaration forms: Application for Reissuance of Certificate of Practice in Handling Objects within the Scope of Plant Quarantine; Description of Technical Process, Means, and Equipment for Handling.

10. Requirements and Conditions for Implementing Administrative Procedures: Reissue of the Certificate of Practice in Handling Objects within the Scope of Plant Quarantine in cases of changes in address, scope, or scale of practice; expiration of the Certificate of Practice.

11. Legal basis for administrative procedures:

- Law on Plant Protection and Quarantine No. 41/2013/QH13;

- Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 of the Ministry of Agriculture and Rural Development prescribing the procedures and formalities for issuing certificates of practice in handling plant quarantine;

- Circular No. 223/2012/TT-BTC dated December 24, 2012 of the Ministry of Finance prescribing the system of collection, payment, and management of fees and charges in the field of plant protection.

 

Reissue of the Certificate of Practice in Handling Objects within the Scope of Plant Quarantine in cases of loss, errors, damage, or name change of the organization practicing handling.

1. Implementation procedures:

- Step 1: The organization applying for reissuance of the Certificate of Practice in Handling Objects within the Scope of Plant Quarantine submits directly or sends through postal service 01 set of documents to the Plant Protection Department;

- Step 2: Based on the file, the Plant Protection Department reissues the Certificate for Handling Objects Subject to Plant Quarantine according to the form prescribed in Appendix V issued together with Circular No. 05/2015/TT-BNNPTNT within five working days from the date of receiving a valid file.

2. Method of Implementation:

Application documents can be submitted directly or sent via postal service to the Plant Protection Department

3. Components and Quantity of Documents:

a) An application for reissuance according to the model prescribed in Appendix III issued together with Circular No. 05/2015/TT-BNNPTNT;

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

c) A copy of the document proving the change of name of the handling organization (in cases of name change).

Number of applications: 01 set.

4. Time limit for resolution: Five working days

5. Subject implementing administrative procedures: Organizations registering to practice object handling within the scope of plant quarantine

6. Authority implementing administrative procedures: Plant Protection Department

7. Results of implementing administrative procedures: Certificate of Practice in Handling Objects within the Scope of Plant Quarantine.

8. Fees and charges: As prescribed in Circular No. 223/2012/TT-BTC dated December 24, 2012 (Part II, Table of Fee and Charge Levels in the Field of Plant Protection).

9. Name of application form, declaration form: Application for Reissuance of Certificate for Handling Objects Subject to Plant Quarantine.

10. Requirements and conditions for administrative procedures: Reissue the Certificate for Handling Objects Subject to Plant Quarantine in cases of loss, errors, damage, or change of name of the handling organization.

11. Legal basis for administrative procedures:

- Law on Plant Protection and Quarantine No. 41/2013/QH13;

- Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 of the Ministry of Agriculture and Rural Development prescribing the procedures and formalities for issuing certificates of practice in handling plant quarantine;

- Circular No. 223/2012/TT-BTC dated December 24, 2012 of the Ministry of Finance prescribing the system of collection, payment, and management of fees and charges in the field of plant protection.

 

III. Issuance of Handling Object License Subject to Plant Quarantine

1. Implementation procedures:

- Step 1: The applicant submits directly or sends via postal service one set of files to the Plant Protection Department;

- Step 2: The Plant Protection Department checks the validity of the file immediately upon receipt of the direct submission or within one working day for files sent via postal service.

- Step 3: Within five working days from the date of receiving a valid file, the Plant Protection Department issues the Handling Object License Subject to Plant Quarantine according to the form prescribed in Appendix VI issued together with Circular No. 05/2015/TT-BNNPTNT.

In case of non-issuance, there must be a written notification specifying the reasons.

2. Method of Implementation:

Application documents can be submitted directly or sent via postal service to the Plant Protection Department

3. Components and Quantity of Documents:

a) Application form according to the form prescribed in Appendix IV issued together with Circular No. 05/2015/TT-BNNPTNT;

b) A copy of the certificate of specialized training;

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

d) Two photographs measuring 2cm x 3cm.

Number of applications: 01 set.

4. Time limit for resolution: Five working days

5. Subjects implementing administrative procedures: Individuals applying for issuance of Handling Object License Subject to Plant Quarantine

6. Authority implementing administrative procedures: Plant Protection Department

7. Results of administrative procedures: Handling Object License Subject to Plant Quarantine.

8. Fees and charges: As stipulated in Circular No. 223/2012/TT-BTC dated December 24, 2012 (Part II, Table of Fee and Charge Rates in the Field of Plant Protection).

9. Name of application form, declaration form: Application for Issuance of Handling Object License Subject to Plant Quarantine

10. Requirements and Conditions for Implementing Administrative Procedures:

- Having undergone specialized training and examination according to the program prescribed by the Plant Protection Department.

- Ensuring health as required.

11. Legal basis for administrative procedures:

- Law on Plant Protection and Quarantine No. 41/2013/QH13;

- Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 of the Ministry of Agriculture and Rural Development prescribing the procedures and formalities for issuing certificates of practice in handling plant quarantine;

- Circular No. 223/2012/TT-BTC dated December 24, 2012 of the Ministry of Finance prescribing the system of collection, payment, and management of fees and charges in the field of plant protection.

 

IV. Reissuance of Handling Object License Subject to Plant Quarantine

1. Implementation procedures:

- Step 1: The applicant submits directly or sends via postal service one set of files to the Plant Protection Department;

- Step 2: The Plant Protection Department checks the validity of the file immediately upon receipt of the direct submission or within one working day for files sent via postal service.

- Step 3: Within five working days from the date of receiving a valid file, the Plant Protection Department issues the Handling Object License Subject to Plant Quarantine according to the form prescribed in Appendix VI issued together with Circular No. 05/2015/TT-BNNPTNT.

In case of non-issuance, there must be a written notification specifying the reasons.

2. Method of Implementation:

Application documents can be submitted directly or sent via postal service to the Plant Protection Department

3. Components and Quantity of Documents:

a) Application form according to the form prescribed in Appendix IV issued together with Circular No. 05/2015/TT-BNNPTNT;

b) A copy of the certificate of specialized training;

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

d) Two photographs measuring 2cm x 3cm.

Number of applications: 01 set.

4. Time limit for resolution: Five working days

5. Subjects implementing administrative procedures: Individuals applying for issuance of Handling Object License Subject to Plant Quarantine

6. Authority implementing administrative procedures: Plant Protection Department

7. Results of administrative procedures: Handling Object License Subject to Plant Quarantine.

8. Fees and charges: As prescribed in Circular No. 223/2012/TT-BTC dated December 24, 2012 (Part II, Table of Fee and Charge Levels in the Field of Plant Protection).

9. Name of application form, declaration form: Application for Issuance of Handling Object License Subject to Plant Quarantine.

10. Requirements and conditions for administrative procedures: The license is reissued in cases of loss, errors, or damage.

11. Legal basis for administrative procedures:

- Law on Plant Protection and Quarantine No. 41/2013/QH13;

- Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 of the Ministry of Agriculture and Rural Development prescribing the procedures and formalities for issuing certificates of practice in handling plant quarantine;

- Circular No. 223/2012/TT-BTC dated December 24, 2012 of the Ministry of Finance prescribing the system of collection, payment, and management of fees and charges in the field of plant protection.