Circular No. 33/2014/TT-BNNPTNT stipulates the procedures and formalities for issuing plant quarantine certificates for imported, transiting, and post-imported goods subject to plant quarantine, issued by the Minister of Agriculture and Rural Development.

CIRCULAR

Regulations on the procedures and formalities for plant quarantine for imported, exported, transshipped, and post-imported objects subject to plant quarantine.The Minister of Agriculture and Rural Development issues this Circular on the procedures and formalities for plant quarantine for imported, exported, transshipped, and post-imported objects subject to plant quarantine.

__________________

 

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

BASED ON THE DECREE NO. 199/2013/NĐ-CP OF NOVEMBER 26, 2013 OF THE GOVERNMENT PROVIDING FOR 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;

This Circular stipulates the procedures, formalities, and issuance of Plant Quarantine Certificates for imported, exported, and transshipped objects subject to plant quarantine; post-import plant quarantine.

PART I

GENERAL PROVISIONS

In cases where Vietnam has signed or acceded to international treaties on plant quarantine that provide different provisions, plant quarantine shall be carried out according to such international treaties.

This Circular applies to organizations and individuals both within and outside Vietnam engaged in importing, exporting, transshipping, and post-import activities involving objects subject to plant quarantine (hereinafter referred to as objects) in Vietnam.

Article 2. Applicability

1. Importing:

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

including import activities, temporary importation, re-importation of consignments of objects, transfer between ports, and transfer to bonded warehouses. 2. Exporting:

including export activities, temporary exportation, re-exportation of consignments of objects. 3. Consignment of Objects:

a certain quantity of objects with similar conditions and factors regarding their potential to carry diseases. 4. Plant Quarantine Authority:

including regional plant quarantine bureaus and plant quarantine stations at border gates. Article 4. General Requirements for Plant Quarantine

1. Quickly inspect and accurately identify plant quarantine objects, objects under control by Vietnam, and new harmful organisms on imported, exported, transshipped, and post-imported objects.

2. Timely decide on appropriate measures to handle objects infected with plant quarantine objects, objects under control by Vietnam, and new harmful organisms.

Article 5. Fees and Charges

PROCEDURES AND FORMALITIES FOR IMPORT PLANT QUARANTINE

The subject of the object must pay fees and charges for plant quarantine in accordance with the provisions of the law on fees and charges.

Chapter II

Article 6. Documents for Registration of Import Plant Quarantine

1. Plant Quarantine Registration Form (as prescribed in Appendix I attached hereto).

2. A copy or original of the Plant Quarantine Certificate issued by the authorized plant quarantine authority of the exporting country. If the owner submits a copy, they must submit the original before obtaining the Import Plant Quarantine Certificate, Transshipment Certificate, and Domestic Transportation Certificate for the consignment of objects.

3. Original or certified copy of the Import Plant Quarantine Permit (if required).

Article 7. Procedures for Import Plant Quarantine

2. Receiving and Examining Documents

The plant quarantine authority is responsible for receiving and immediately examining the validity of the documents in accordance with regulations. If the documents are invalid, the plant quarantine authority will request the owner to supplement and complete the documents.

3. Inspecting the Object

Detailed inspection: Internal inspection and sampling of the consignment according to the national technical regulation QCVN 01-141:2013/BNNPTNT on plant quarantine sampling methods; collecting symptomatic objects and harmful organisms; analyzing and identifying samples of the objects and harmful organisms collected.

Based on the results of the document inspection, the plant quarantine authority decides on the location and arranges officials to inspect the consignment immediately according to the following procedure:

a) Preliminary inspection Inspect the outside of the consignment, packaging materials, transport means; cracks and crevices where harmful organisms may hide; collect flying, crawling, or clinging insects outside the consignment.

4. Issuing the Plant Quarantine Certificate

a) The plant quarantine authority issues the Import Plant Quarantine Certificate, Transshipment Certificate, and Domestic Transportation Certificate (as prescribed in Appendix II attached hereto) within 24 hours from the start of quarantine for consignments of objects not infected with plant quarantine objects, objects under control by Vietnam, or new harmful organisms.

If it exceeds 24 hours due to technical requirements or if the Plant Quarantine Certificate is not issued, the plant quarantine authority must notify or respond in writing to the owner of the quarantined object and specify the reasons.

b) Upon discovering a consignment of objects infected with plant quarantine objects, objects under control by Vietnam, or new harmful organisms, the plant quarantine authority decides to apply appropriate quarantine measures as prescribed.

c) For consignments of objects transported by sea vessels with cargo holds over 3 meters high, which require layer-by-layer inspection, after inspecting each layer, based on the inspection results, the plant quarantine authority issues a temporary quarantine result certificate for the inspected portion of the consignment (as prescribed in Appendix III attached hereto).

After obtaining the temporary quarantine result certificate, the consignment may be transported to storage and only released for production and sale after obtaining the Import Plant Quarantine Certificate, Transshipment Certificate, and Domestic Transportation Certificate. Based on the inspection results of the entire consignment, the plant quarantine authority issues the Import Plant Quarantine Certificate, Transshipment Certificate, and Domestic Transportation Certificate for the consignment.

After obtaining the Temporary Result Certificate, the consignment is permitted to be transported to the storage warehouse and may only be released for production and business operations after being issued the Plant Quarantine Certificate for Import, Transit, and Domestic Transport. Based on the results of the entire consignment inspection, the plant quarantine authority shall issue the Plant Quarantine Certificate for Import, Transit, and Domestic Transport for the consignment.

Article 8. Notification of Plant Quarantine

1. Notification to the exporting country

The Plant Protection Department shall notify the competent plant quarantine authority of the exporting country in the following cases:

a) Imported objects are infected with plant quarantine pests, regulated non-quarantine pests of Vietnam, or harmful organisms not previously known, and the applied phytosanitary measures for treatment;

b) Imported objects are not permitted to be imported into Vietnam;

c) Imported objects do not have a Plant Quarantine Certificate issued by the competent authority of the exporting country;

d) Imported objects violate other regulations on plant quarantine importation of Vietnam.

2. Notification to the owner of the object and related authorities

The plant quarantine authority shall notify the owner of the object or related authorities in the following cases:

a) In the case provided for in point a, Clause 1, Article 8 of this Law;

b) The consignment of objects is planting material or beneficial organisms.

Chapter III

PROCEDURE AND PROCEDURES FOR EXPORT PLANT QUARANTINE

Article 9. Export Plant Quarantine Registration Documents

1. A Plant Quarantine Export Registration Form or Re-export Registration Form (in accordance with the form prescribed in Appendix IV attached hereto);

2. Original Plant Quarantine Certificate of the exporting country (in the case of re-export).

Article 10. Procedure and Procedures for Export Plant Quarantine

1. Plant Quarantine Registration The owner of the object shall submit directly one set of registration documents to the nearest plant quarantine authority.

2. Acceptance and Examination of Documents The plant quarantine authority shall accept and examine immediately the validity of the documents in accordance with Clause 2, Article 7 of this Circular.

3. Inspection of Objects Based on the results of the examination of the documents, the plant quarantine authority decides the location for inspection at the production facility, place of origin, inland storage location, or export border gate, and arranges for officials to inspect the consignment of objects immediately. The inspection of the consignment of objects shall be carried out in accordance with Clause 3, Article 7 of this Circular.

a) The plant quarantine authority issues the Import Plant Quarantine Certificate, Transshipment Certificate, and Domestic Transportation Certificate (as prescribed in Appendix II attached hereto) within 24 hours from the start of quarantine for consignments of objects not infected with plant quarantine objects, objects under control by Vietnam, or new harmful organisms.

a) The plant quarantine authority issues a Plant Quarantine Certificate (in accordance with the form prescribed in Appendix V attached hereto) or a Re-export Plant Quarantine Certificate (in accordance with the form prescribed in Appendix VI attached hereto) for the consignment of objects within 24 hours from the start of the quarantine for objects that meet the importing country's plant quarantine requirements.

In case the duration exceeds 24 hours due to technical requirements, the plant quarantine authority must notify or respond in writing and clearly state the reasons to the owner of the quarantined object.

b) In case the consignment of objects does not meet the importing country's plant quarantine requirements, the plant quarantine authority will not issue a Plant Quarantine Certificate and must notify the owner of the object.

Chapter IV

PROCEDURE AND PROCEDURES FOR TRANSIT PLANT QUARANTINE

Article 11. Transit Plant Quarantine Registration Documents

2. A copy or original of the Plant Quarantine Certificate issued by the authorized plant quarantine authority of the exporting country. If the owner submits a copy, they must submit the original before obtaining the Import Plant Quarantine Certificate, Transshipment Certificate, and Domestic Transportation Certificate for the consignment of objects.

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

In case the owner of the object submits a copy, they must submit the original before obtaining a Plant Quarantine Certificate for import, transit, and domestic transportation for the consignment of objects.

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

Article 12. Procedures and Formalities for Transit Plant Quarantine

The owner of the object directly submits one set of the import plant quarantine registration documents to the plant quarantine authority.

2. Receiving and Examining Documents

The plant quarantine authority is responsible for receiving and immediately examining the validity of the documents in accordance with regulations. If the documents are invalid, the plant quarantine authority will request the owner to supplement and complete the documents.

The plant quarantine agency shall immediately accept and examine the validity of the dossier in accordance with Clause 2, Article 7 of this Circular.

Detailed inspection: Internal inspection and sampling of the consignment according to the national technical regulation QCVN 01-141:2013/BNNPTNT on plant quarantine sampling methods; collecting symptomatic objects and harmful organisms; analyzing and identifying samples of the objects and harmful organisms collected.

Based on the results of the document inspection, the plant quarantine authority decides on the location and arranges officials to inspect the consignment immediately according to the following procedure:

a) Preliminary Inspection

Inspect the outside of the consignment, packaging materials, transport means, cracks, crevices, and places where harmful organisms may hide; collect flying, crawling, or adhering insects from the outside of the consignment.

b) Detailed Inspection

Examine the condition of the packaging and the integrity of the consignment; analyze and appraise samples of plant material and harmful organisms collected.

In case the packaging condition of the consignment does not meet the requirements, the owner of the consignment must repackage it.

a) The plant quarantine authority issues the Import Plant Quarantine Certificate, Transshipment Certificate, and Domestic Transportation Certificate (as prescribed in Appendix II attached hereto) within 24 hours from the start of quarantine for consignments of objects not infected with plant quarantine objects, objects under control by Vietnam, or new harmful organisms.

a) The plant quarantine agency shall issue a Certificate of Plant Quarantine for Import, Transit, and Domestic Transport within 24 hours from the start of the quarantine process for consignments that comply with the transit plant quarantine requirements.

b) In case harmful organisms or objects subject to quarantine or control in Vietnam are detected in the consignment, the plant quarantine agency shall decide on appropriate quarantine measures in accordance with regulations.

Chapter V

PLANT QUARANTINE AFTER IMPORT

Article 13. Objects Subject to Plant Quarantine After Import

1. Rootstocks, seedlings, tubers, scions, and buds specified to undergo plant quarantine after import based on the results of pest risk analysis.

2. Beneficial Organisms

Article 14. Quantity for Import to Undergo Post-Import Plant Quarantine

1. Rootstocks; shoot seedlings, plants, tubers: from 30 to 50 individuals.

2. Scions, buds: from 10 to 20 branches.

3. Beneficial organisms: The quantity is specifically defined in the pest risk analysis report.

Article 15. Content of Post-Import Plant Quarantine

1. For Crop Seeds:

Inspect latent harmful organisms identified in the pest risk analysis report.

2. For Beneficial Organisms:

Inspect purity and host specificity in isolated breeding areas. For beneficial insects and spiders, also inspect secondary parasitism indicators.

Article 16. Post-Import Inspection Process in Isolated Areas

1. Initial Inspection

Conduct a preliminary inspection of the consignment's condition; record relevant information.

2. Consignment Inspection

a) For Crop Seeds

The entire consignment is planted in an isolated quarantine area. The conditions of the isolated area are implemented according to the corresponding national technical standards of the Ministry of Agriculture and Rural Development;

Apply suitable care methods for each type of seed to ensure optimal growth and favorable conditions for harmful organisms to manifest symptoms;

Regularly and randomly inspect all planted seeds;

Collect abnormal plant samples, harmful organism samples, and damage symptoms for laboratory pathogen identification.

b) For Beneficial Organisms

Inspect all individuals to assess purity;

Determine host specificity of the consignment;

For beneficial insects and spiders: daily monitor the consignment's condition, collect dead individuals to check for secondary parasitism.

3. Results of Post-Import Plant Quarantine

Upon completion of the observation period as prescribed, the post-import plant quarantine agency shall report the inspection results for consideration and decision by the Plant Protection Department.

Article 17. Duration of Inspection and Surveillance

The duration of inspection and post-import plant quarantine surveillance for each type of planting material and beneficial organisms shall be as follows:

1. Shoots, cuttings, branches, and graft eyes: from 1 to 2 years.

2. Plants: from 6 to 12 months.

3. Seed tubers: one growth cycle.

4. Beneficial organisms: At least one generation.

Chapter VI

IMPLEMENTATION AND EFFECTIVE PROVISIONS

1. Directing, guiding, and inspecting plant quarantine agencies in implementing the provisions of this Circular.

2. Notifying the exporting country in cases specified in Clause 1, Article 8 of this Circular.

3. Organizing publicity and dissemination of the provisions of this Circular to relevant organizations and individuals.

Article 19. Responsibilities of Plant Quarantine Agencies

1. Implementing the acceptance of applications, examination of files, inspection of consignments, issuance of Phytosanitary Certificates, and other phytosanitary procedures as prescribed in this Circular.

2. Conducting sample retention, sending samples, transporting samples, and destroying harmful organism samples or samples; establishing and maintaining records of plant quarantine as currently regulated.

Article 20. Effective Date

This Circular takes effect from January 1, 2015.

Repeals Circular No. 65/2012/TT-BNNPTNT dated December 26, 2012, issued by the Minister of Agriculture and Rural Development on the procedures and formalities for issuing phytosanitary certificates. Abolishes forms 3, 7, 8, 9, 10, and 11 in Appendix I attached to Circular No. 14/2012/TT-BNNPTNT dated March 27, 2012, issued by the Ministry of Agriculture and Rural Development guiding plant quarantine procedural documents.

Article 21. Organization of Implementation

The Director of the Plant Protection Department, heads of relevant agencies, organizations, and individuals are responsible for organizing the implementation of this Circular.

During the implementation process, if there are any difficulties, they are requested to promptly report to the Ministry of Agriculture and Rural Development (Plant Protection Bureau) for consideration and resolution./.