Circular No. 33/2016/TT-BNNPTNT provides detailed regulations on the procedures and formalities for conducting specialized inspections and uniforms, identification cards for specialized inspection officials in agriculture and rural development.

CIRCULAR

Regulations on the procedures for conducting a specialized inspection and uniforms, identification cards for specialized agricultural inspection officers3. Guidelines for implementing plant quarantine and state inspection of the quality of imported animal feed and aquaculture feed of plant origin before clearance for consignments (consignment of goods) that require both plant quarantine and state inspection of quality.

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Pursuant to the Inspection Law number 56/2010/QH12 dated November 15, 2010;

Pursuant to Decree No. 07/2012/NĐ-CP dated February 9, 2012 of the Government stipulating the agencies assigned to perform specialized inspection functions and specialized inspection activities;

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. 47/2015/NĐ-CP dated May 14, 2015 of the Government on the organization and operation of agricultural inspection and rural development;

At the proposal of the Inspector General of the Ministry of Agriculture and Rural Development;

The Minister of Agriculture and Rural Development issues this Circular stipulating the procedures for conducting a specialized inspection and uniforms, identification cards for specialized agricultural inspection officers3. Guidelines for implementing plant quarantine and state inspection of the quality of imported animal feed and aquaculture feed of plant origin before clearance for consignments (consignment of goods) that require both plant quarantine and state inspection of quality.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the procedures for conducting a specialized inspection and uniforms, identification cards for specialized agricultural inspection officers.

Article 2. Applicability

This Circular applies to the Inspectorate of the Ministry of Agriculture and Rural Development, the Inspectorate of the Department of Agriculture and Rural Development, agencies assigned to perform specialized inspection functions, persons assigned to perform specialized inspection tasks (hereinafter referred to collectively as specialized agricultural inspection officers); relevant agencies, organizations, and individuals.

Article 3. Specialized Inspection Team

1. Specialized Inspection Team:

A specialized inspection team is established at the Inspectorate of the Ministry, Inspectorate of the Department, and agencies assigned to perform specialized inspection functions (General Bureaus, Bureaus under the Ministry of Agriculture and Rural Development, District Bureaus under the Department of Agriculture and Rural Development assigned to perform specialized inspection tasks) to conduct a specialized inspection in accordance with the law on inspection.

a) A specialized inspection team established at the Inspectorate of the Ministry, Inspectorate of the Department shall have an inspection team leader, inspectors, and other members; if necessary, it may have a deputy inspection team leader;

Other members are civil servants from the Inspectorate of the Ministry, Inspectorate of the Department or inspection collaborators summoned by the Inspectorate of the Ministry, Inspectorate of the Department or persons from related agencies invited to join the inspection team.

b) A specialized inspection team established at agencies assigned to perform specialized inspection functions (General Bureaus, Bureaus under the Ministry of Agriculture and Rural Development, District Bureaus under the Department of Agriculture and Rural Development) shall have an inspection team leader, specialized agricultural inspection officers, and other members; if necessary, it may have a deputy inspection team leader;

Other members are civil servants or staff of General Bureaus, Bureaus under the Ministry of Agriculture and Rural Development, District Bureaus under the Department of Agriculture and Rural Development or persons from related agencies invited to join the inspection team.

2. The selection of persons to join the specialized inspection team shall be carried out in accordance with Article 9 of Circular No. 05/2014/TT-TTCP dated October 16, 2014 of the Government Inspectorate stipulating the organization, operation, work relations of the inspection team, and the procedures and steps for conducting an inspection (hereinafter referred to as Circular No. 05/2014/TT-TTCP).

3. The duties and powers of the Inspection Team Leader, Inspection Team Members, and the person issuing the inspection decision shall be implemented in accordance with Article 53, Article 54, Article 55 of the Inspection Law 2010 and other relevant laws.

Article 4. Standards for individuals assigned to perform specialized agricultural inspection and rural development tasks

Individuals assigned to perform specialized agricultural inspection and rural development tasks must meet the standards stipulated in Article 12 of Decree No. 07/2012/NĐ-CP dated February 9, 2012, issued by the Government on specialized inspection agencies and specialized inspection activities.

Article 5. Assignment of civil servants to perform specialized agricultural inspection and rural development tasks

1. The head of the agency assigned to perform specialized inspection functions under the Ministry of Agriculture and Rural Development or the Department of Agriculture and Rural Development shall decide to assign civil servants under their management who meet the standards stipulated in Article 4 of this Circular to perform specialized agricultural inspection and rural development tasks.

2. The assignment of tasks to civil servants performing specialized agricultural inspection and rural development tasks shall be carried out as follows:

a) The advisory unit for specialized inspection work at the agency assigned to perform specialized inspection functions shall propose to the head of the agency to assign civil servants to perform specialized inspection tasks;

b) The head of the agency assigned to perform specialized inspection functions shall issue a decision assigning civil servants to perform specialized agricultural inspection and rural development tasks.

Chapter II

PROCEDURES AND FORMALITIES FOR CARRYING OUT A SPECIALIZED AGRICULTURAL INSPECTION AND RURAL DEVELOPMENT INSPECTION

Article 6. Application of procedures and formalities for carrying out a specialized agricultural inspection and rural development inspection

1. Procedures and formalities for carrying out a planned specialized agricultural inspection and rural development inspection shall be implemented according to the provisions of Circular No. 05/2014/TT-TTCP. In cases where sampling for testing is necessary, such sampling shall be conducted in accordance with the provisions of Article 9 of this Circular.

2. For urgent specialized inspections aimed at promptly addressing violations, preventing the concealment or disposal of evidence, and obstructing the inspection process, based on Clause 3 of Article 40 of Circular No. 05/2014/TT-TTCP:

a) Procedures and formalities for carrying out a specialized inspection shall be implemented according to the provisions from Article 7 to Article 11 of this Circular;

b) Other provisions regarding procedures and formalities for carrying out a specialized inspection not detailed in this Circular shall be implemented according to the provisions of Circular No. 05/2014/TT-TTCP.

Article 7. Content of the Inspection Decision

1. The content of the inspection decision shall be implemented according to the provisions of Article 52 of the Inspection Law 2010.

2. In cases of urgent specialized inspections as stipulated in Clause 2 of Article 6 of this Circular, if it is not possible to record the name and address of the inspected entity in the inspection decision, the scope, content, tasks, and time frame of the inspection must be recorded.

Article 8. Announcement of the Inspection Decision

1. The inspection decision shall be announced to the inspected entity immediately upon commencement of the inspection without prior notice of the announcement time to the inspected entity. Requests for the inspected entity to submit reports shall be made during the direct inspection at the inspected location.

2. The announcement of the inspection decision shall be reflected in the working minutes with the inspected entity according to Model 01-TTr issued together with this Circular.

Article 9. Sampling during specialized inspection activities

1. In cases where necessary, the Head of the Inspection Team decides on sampling for testing and the analytical criteria for sample testing.

2. The procedures, formalities, methods of sampling, sending samples, and analysis shall be carried out in accordance with the provisions of laws on sampling, sending samples, and analyzing test samples.

Article 10. Completion of Inspection at the Inspected Location

1. When completing the inspection at the inspected location, the Head of the Inspection Team shall notify the inspected entity about the time of completion of the inspection.

2. The notification of the time of completion of the inspection at the inspected location shall be reflected in the working record with the inspected entity according to Form No. 01-TTr issued together with this Circular.

Article 11. Reporting Inspection Results and Specialized Inspection Conclusions

1. At the request of the Head of the Inspection Team, members of the Inspection Team report on the results of their assigned tasks. The Head of the Inspection Team is responsible for leading the preparation of the inspection result report.

2. Within the latest fifteen days from the date of completion of the inspection, the Head of the Inspection Team must submit a written report on the inspection results to the person who made the decision to inspect, except in cases where the inspection conclusion content must await the conclusion of the competent authority on the subject matter. The content of the inspection result report shall be implemented in accordance with the provisions of Article 33 of Circular No. 05/2014/TT-TTCP.

3. The preparation of the inspection conclusion shall be carried out in accordance with the requirements of the person making the inspection decision. The content of the inspection conclusion shall be implemented in accordance with the provisions of Article 35 of Circular No. 05/2014/TT-TTCP.

Chapter III

DRESS CODE AND BADGE FOR SPECIALIZED AGRICULTURAL AND RURAL DEVELOPMENT INSPECTORS

Article 12. Dress Code for Agricultural and Rural Development Specialized Inspectors

1. The dress code for civil servants assigned the task of agricultural and rural development specialized inspection shall apply in accordance with the provisions of Circular No. 02/2015/TT-TTCP dated March 16, 2015, of the Government Inspectorate stipulating the dress code for officials, inspectors, civil servants, and employees of state inspection agencies (hereinafter referred to as Circular No. 02/2015/TT-TTCP); the badge for agricultural and rural development specialized inspection as prescribed in Article 13 of this Circular.

2. The management and distribution of uniforms for civil servants assigned the task of agricultural and rural development specialized inspection shall apply in accordance with the provisions of Joint Circular No. 73/2015/TTLT-BTC-TTCP dated May 12, 2015, of the Ministry of Finance and the Government Inspectorate stipulating the system of management and distribution of uniforms for inspectors, officials, civil servants, and employees working at state inspection agencies.

3. The agency entrusted with the function of agricultural and rural development specialized inspection may use its own uniform or ceremonial attire according to the field instead of the uniform prescribed in Clause 1 of this Article but must obtain the approval of the Minister of Agriculture and Rural Development.

4. Wearing of specialized agricultural and rural development inspection uniforms.

a) The uniform of specialized inspection civil servants shall be used when performing specialized inspection duties and on holidays and traditional days of the inspection sector;

b) Civil servants conducting inspections have the responsibility to maintain the uniforms provided to them;

c) It is strictly prohibited to misuse uniforms for improper purposes or for personal gain.

Article 13. Issuance of insignia for specialized inspection in agriculture and rural development

1. Insignia for specialized inspection units under the General Department and Departments under the Ministry of Agriculture and Rural Development:

a) Head of the specialized inspection advisory unit: Shoulder strap with 03 (three) stars and 02 (two) V-shaped stripes;

b) Deputy head of the specialized inspection advisory unit: Shoulder strap with 02 (two) stars and 02 (two) V-shaped stripes;

c) Specialized inspection officer: Shoulder strap with 02 (two) stars and 01 (one) V-shaped stripe.

2. Insignia for specialized inspection units under the Departments of Agriculture and Rural Development:

a) Director of the Branch: Shoulder strap with 03 (three) stars and 02 (two) V-shaped stripes;

b) Deputy Director of the Branch: Shoulder strap with 02 (two) stars and 02 (two) V-shaped stripes;

c) Head of the specialized inspection advisory unit: Shoulder strap with 01 (one) star and 02 (two) V-shaped stripes;

d) Deputy Head of the specialized inspection advisory unit: Shoulder strap with 02 (two) stars and 01 (one) V-shaped stripe;

đ) Specialized inspection officer: Shoulder strap with 01 (one) star and 01 (one) V-shaped stripe.

3. The insignia specified in Clause 1 and Clause 2 of this Article shall be in accordance with the shoulder strap model prescribed in Clause 13, Article 6 of Circular 02/2015/TT-TTCP and the horizontal stripes shall be replaced by V-shaped stripes (the V-shape model according to Appendix 2 issued together with this Circular).

Article 14. Identification card for specialized inspection officers in agriculture and rural development

1. The identification card of officers assigned to perform specialized inspection tasks in agriculture and rural development is called "Identification Card for Specialized Inspection Officers in Agriculture and Rural Development".

2. Authority to issue identification cards for specialized inspection officers in agriculture and rural development:

a) Identification cards for specialized inspection officers in agriculture and rural development of officers performing specialized inspection tasks under the General Department and Departments shall be issued by the Minister of Agriculture and Rural Development;

b) Identification cards for specialized inspection officers in agriculture and rural development of officers assigned to perform specialized inspection tasks under the Branches shall be issued by the Director of the Department of Agriculture and Rural Development.

3. Forms of issuing identification cards:

a) New issuance: When an officer is assigned by the head of the specialized inspection function agency to perform specialized inspection tasks;

b) Reissuance: When the card is lost due to objective reasons; reissuance will not be granted if the officer has had their card revoked due to violation of laws or if the card has been lost more than once during the validity period of the card;

c) Replacement of identification card: When the card expires or for other reasons (card damage, change of card number, change of name of the agency assigned to perform specialized inspection functions, when there are new regulations on card models);

d) Revocation of identification card: When the officer retires, resigns, transfers jobs, is not assigned to perform specialized inspection tasks, is disciplined with a warning or higher, dies, or the card has expired.

4. The validity period of the identification card is five years from the date of issuance.

5. The identification card for specialized inspection in agriculture and rural development shall be in accordance with the model at Appendix 1 issued together with this Circular.

Article 15. Procedures and formalities for new issuance, replacement, reissuance, and revocation of identification cards for specialized inspection officers in agriculture and rural development

1. Application dossier for issuance of identification card:

a) Request letter of the General Department Director, Department Director, Branch Director accompanied by a list of officers meeting the criteria stipulated in Article 4 of this Circular;

b) Decision assigning officers to perform specialized inspection tasks (one original copy);

c) Two (2) photographs measuring 23 mm x 30 mm of the officer applying for the identification card, clearly marked with full name and agency on the back of the photograph and on the envelope containing the photograph.

2. New issuance of identification card:

a) The agency requesting issuance of the identification card sends one (1) set of application dossier for issuance of the identification card for specialized inspection officers in agriculture and rural development to the Inspectorate of the Ministry, Inspectorate of the Department; The dossier can be sent in one of the following ways: Directly, via fax, email (followed by sending the original dossier); via postal service;

b) The Inspectorate of the Ministry, Inspectorate of the Department examines the completeness of the dossier and notifies in writing the agency requesting issuance of the identification card if the dossier is incomplete;

c) Submit to the Minister, Department Director for issuance of the decision on the issuance of the identification card for specialized inspection in agriculture and rural development; if the identification card is not issued, a written response must be provided with clear reasons.

3. Reissuing the card:

a) Letter of the agency requesting reissuance of the identification card, clearly stating the reason for reissuance and attaching the application dossier for reissuance of the identification card;

b) Reissuance of the identification card shall be carried out in accordance with the provisions of Clause 2 of this Article.

4. Replacement of identification card.

a) Letter of the agency requesting replacement of the identification card, clearly stating the reason for replacement and attaching the old identification card for replacement;

b) Replacement of the identification card shall be carried out in accordance with the provisions of Clause 2 of this Article.

5. Revocation of identification card.

a) Letter of the agency requesting revocation of the identification card, clearly stating the reason for revocation and attaching the old identification card revoked from the officer;

b) Decision of the Minister, Department Director on the revocation of the identification card for specialized inspection in agriculture and rural development.

Article 16. Responsibilities in managing and using specialized agricultural inspection identification cards

1. The Ministry's Inspectorate:

a) Receives and reviews files proposed by General Departments and Bureaus and submits to the Minister for issuing, renewing, and revoking identification cards in accordance with Article 15 of this Circular;

b) Cuts the corners of revoked or damaged identification cards so that they are no longer usable. Damaged or corner-cut cards must be kept in the issuance file;

c) Provides card blanks to the Inspectorates of Agriculture and Rural Development; opens registers to track and manage the issuance of card blanks to Inspectorates of Agriculture and Rural Development and the files on issuing, renewing, and revoking identification cards for specialized agricultural inspectors appointed by the Minister;

d) Manages data on specialized agricultural inspectors from General Departments, Bureaus, and Inspectorates of Agriculture and Rural Development.

2. Provincial Inspectorate:

a) Receives and reviews files proposed by District Agricultural Services and submits to the Director of the Department for issuing, renewing, and revoking identification cards in accordance with Article 15 of this Circular;

b) Cuts the corners of revoked or damaged identification cards so that they are no longer usable. Damaged or corner-cut cards must be kept in the issuance file;

c) Manages card blanks provided by the Ministry's Inspectorate; opens registers to track and manage the files on issuing, renewing, and revoking identification cards for specialized agricultural inspectors appointed by the Director of the Department;

d) Manages data on specialized agricultural inspectors from District Agricultural Services under the Department.

3. Agencies assigned to perform specialized inspection functions:

a) Completes files in accordance with Clause 1, Article 15 of this Circular and sends them to the Ministry's Inspectorate and Provincial Inspectorate;

b) Directly issues identification cards to specialized agricultural inspectors assigned tasks; returns identification cards to the Ministry's Inspectorate and Provincial Inspectorate when the inspector's card is damaged, the inspector transfers jobs, retires, resigns, dies, or is not assigned inspection tasks;

4. Specialized agricultural inspectors assigned inspection tasks:

a) Properly store and use identification cards as prescribed; present identification cards when performing inspection duties;

b) Report to the head of the agency directly responsible for specialized inspection functions about management and submit applications for renewal or replacement of identification cards if they are damaged or lost; return identification cards when not assigned inspection tasks;

c) Strictly prohibited from using identification cards when not performing inspection duties.

Article 17. Budget for providing uniforms and identification cards to specialized agricultural inspectors

1. The budget for providing uniforms and identification cards is guaranteed from the state budget of agencies assigned to perform specialized inspection functions.

2. Annually, units prepare budget estimates and send them to the financial authority at the same level for approval and inclusion in the annual state budget estimate, in compliance with the State Budget Law and guiding documents.

3. The budget for issuing, renewing identification cards for specialized agricultural inspectors is prepared by the Ministry of Agriculture and Rural Development and Provincial Departments of Agriculture and Rural Development based on proposals from the Ministry's Inspectorate and Provincial Inspectorate.

Chapter IV

IMPLEMENTING PROVISIONS

Article 18. Effective Date

1. This Circular takes effect from December 15, 2016.

2. This Circular replaces Circular No. 34/2013/TT-BNNPTNT dated June 24, 2013, issued by the Minister of Agriculture and Rural Development, guiding the advisory unit; standards, uniforms, and identification cards for persons assigned specialized agricultural inspection tasks.

Article 19. Transitional Provisions

1. Identification cards for specialized agricultural inspectors issued before the effective date of this Circular remain valid until their expiration date.

2. Uniforms for specialized agricultural inspectors specified in this Circular will be implemented from July 1, 2017.

Article 20. Responsibility for Implementation

1. The Head of the Inspectorate, heads of agencies assigned specialized inspection functions under the Ministry of Agriculture and Rural Development; Directors of Provincial Departments of Agriculture and Rural Development, heads of agencies assigned specialized inspection functions under Provincial Departments of Agriculture and Rural Development in provinces and centrally-administered cities; specialized agricultural inspectors and related agencies, organizations, and individuals are responsible for implementing this Circular.

2. During implementation, if there are difficulties, heads of units under the Ministry of Agriculture and Rural Development, Directors of Provincial Departments of Agriculture and Rural Development in provinces and centrally-administered cities, heads of agencies assigned specialized inspection functions, organizations, and individuals should promptly report to the Ministry of Agriculture and Rural Development for consideration and resolution./.