Circular No. 15/2021/TT-BNNPTNT amending and supplementing certain articles of Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 on the procedures and formalities for issuing the Certificate of Practice for handling objects subject to plant quarantine and Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 on the procedures and formalities for importing, exporting, transiting, and post-import plant quarantine of objects subject to plant quarantine issued by the Minister of Agriculture and Rural Development.

CIRCULAR

Amending and supplementing some articles of Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 on procedures and formalities for issuing certificates for handling objects subject to plant quarantine and Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 on procedures and formalities for importing, exporting, transiting, and post-import plant quarantine of objects subject to plant quarantine issued by the Minister of Agriculture and Rural Development.

Procedures and formalities for issuing certificates for handling objects subject to plant quarantine

engaging in the handling of plant quarantine objects and Circular No.

33/2014/TT-BNNPTNT dated October 30, 2014 stipulating the procedures and formalities for plant quarantine for imported, exported, transiting, and post-imported plant quarantine objects issued by the Minister of Agriculture and Rural Development

plant quarantine for import, export, transit, and post-import

 Health examination certificate

 Two photographs measuring 2cm x 3cm

Pursuant to the Plant Protection and Quarantine Law 2013;

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;

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

The Minister of Agriculture and Rural Development issues this Circular amending and supplementing some articles of Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 on procedures and formalities for issuing certificates for handling objects subject to plant quarantine and Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 on procedures and formalities for importing, exporting, transiting, and post-import plant quarantine of objects subject to plant quarantine issued by the Minister of Agriculture and Rural Development.

Article 1. Amending and supplementing some articles of Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 of the Minister of Agriculture and Rural Development on procedures and formalities for issuing certificates for handling objects subject to plant quarantine.

1. AMENDING AND SUPPLEMENTING ARTICLE 3 AS FOLLOWS:

Clause 3. Fees

Organizations and individuals engaged in handling objects subject to plant quarantine must pay fees for reviewing applications and issuing certificates for handling objects subject to plant quarantine according to the regulations of the Ministry of Finance on fees in plant quarantine and plant protection activities within the agricultural sector.

2. Amending and supplementing Clause 4 of Article 8 as follows:

"4. Within three working days from the date of receiving a valid application, the Plant Protection Department shall issue a Handling Certificate for objects subject to plant quarantine according to the model attached as Appendix VI to this Circular; if not issued, a written response with the reasons must be provided."

3. Replacing Appendix IV issued together with Circular No. 05/2015/TT-BNNPTNT dated February 12, 2015 of the Minister of Agriculture and Rural Development on procedures and formalities for issuing certificates for handling objects subject to plant quarantine with the Appendix attached to this Circular.

4. Abolishing Point b of Clause 1 of Article 8.

Article 2. Amending and supplementing some articles of Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 of the Minister of Agriculture and Rural Development on procedures and formalities for importing, exporting, transiting, and post-import plant quarantine of objects subject to plant quarantine.

1. Supplementing Clause 5 of Article 3 as follows:

"5. The organization conducting biological hazard identification is the plant quarantine authority or the laboratory for biological hazard identification under the Plant Protection Department."

2. Amending and supplementing Clause 5 as follows:

Article 5. Fees

The owner of the object must pay plant quarantine fees and costs for biological hazard identification according to the law.

3. Amending and supplementing Clause 2 and Clause 3 of Article 6 as follows:

"2. A copy or electronic version or original of the Plant Quarantine Certificate issued by the authorized plant quarantine authority of the exporting country.

In case the owner submits a copy or electronic version, the original must be submitted before obtaining the Import Plant Quarantine Certificate, transit certificate, and domestic transportation certificate for the consignment.

3. An original or electronic version or certified copy of the Import Plant Quarantine Permit (if required)."

4. Amending and supplementing Clause 3 of Article 7 as follows:

"3. Inspection of objects

a) Based on the results of the file review, the plant quarantine authority decides the location and arranges staff to inspect the consignment immediately according to the following procedure:

Preliminary inspection: Inspect the exterior of the consignment, packaging, transport means; cracks and places where pests may hide; collect flying, crawling, or adhering insects outside the consignment;

Detailed inspection: Inspect inside the consignment and take samples according to the provisions of QCVN 01-141:2013/BNNPTNT National Technical Regulation on methods for sampling plant quarantine; collect symptomatic objects and pests.

b) Biological hazard identification

The plant quarantine authority sends samples of objects subject to plant quarantine, symptomatic objects, and pests collected to the organization conducting biological hazard identification. The organization conducts biological hazard identification and returns the results to the plant quarantine authority."

5. Amend and supplement Clause 2 of Article 9 as follows:

"2. Electronic version or original of the Plant Quarantine Certificate of the exporting country (in case of re-export)."

6. Amending and supplementing Clause 2 and Clause 3 of Article 11 as follows:

"2. A copy or electronic version or original of the Plant Quarantine Certificate issued by the exporting country.

In case the owner submits a copy or electronic version, the original must be submitted before obtaining the Import Plant Quarantine Certificate, transit certificate, and domestic transportation certificate for the consignment.

3. An electronic version or original or certified copy of the Import Plant Quarantine Permit."

7. Amending and supplementing Clause 1, Article 18 as follows:

"1. Directing, guiding, and supervising the plant quarantine authorities and organizations conducting biological hazard identification to implement the provisions of this Circular."

Article 3. Effectiveness

This Circular takes effect from January 21, 2022.

During the implementation of this Circular, if there are difficulties or obstacles, please promptly report them to the Ministry of Agriculture and Rural Development (through the Plant Protection Department) for consideration and resolution./.

Appendix

APPLICATION FOR ISSUE OF HANDLING CERTIFICATE FOR OBJECTS SUBJECT TO PLANT QUARANTINE
(Issued together with Circular No. 15/2021/TT-BNNPTNT dated December 6, 2021 of the Minister of Agriculture and Rural Development)

..., day... month... year...

Name: Date of birth: ... / ... / ... . Gender: Male/Female:

SOCIALIST REPUBLIC OF VIET NAM

Independence - Freedom - Happiness

-----------------------------

Workplace: ...

APPLICATION FOR ISSUE OF HANDLING CERTIFICATE FOR OBJECTS SUBJECT TO PLANT QUARANTINE

(Issued together with Circular No. 15/2021/TT-BNNPTNT dated December 6, 2021 of the Minister of Agriculture and Rural Development)

Respectfully submitted to: ………………………………………………………………

Qualification: ...

Attended specialized training on... day... month... year:

Address: …

Handling measures:

☑ Steam sterilization

☑ Hot water treatment

☑ Irradiation

☑ Heat treatment

☑ Other measures (...)

☑ Health examination certificate

☑ Two 2cm x 3cm photos

Attached Documents:

 Health examination certificate

 Two photographs measuring 2cm x 3cm

I solemnly undertake to comply with all legal provisions regarding the handling of plant quarantine objects throughout the course of my practice. In case of violation, I will fully bear the responsibility.