Circular No. 34/2018/TT-BNNPTNT amends and supplements certain Articles of Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014, and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017, issued by the Minister of Agriculture and Rural Development.

  CIRCULAR

AMENDING AND SUPPLEMENTING CERTAIN PROVISIONS OF CIRCULAR NO. 33/2014/TT-BNNPTNT DATED OCTOBER 30, 2014 AND CIRCULAR NO. 20/2017/TT-BNNPTNT DATED NOVEMBER 10, 2017 ISSUED BY THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Decree No. 15/2017/NĐ-CP dated February 17, 2017 of the Government detailing the implementation of certain provisions of the Law on Food Safety;

Decree No. 5/2018/NĐ-CP dated February 2, 2018 of the Government detailing the implementation of certain provisions of the Law on Food Safety;

PURSUANTn cứ Decree No. 39/2017/NĐ-CP dated April 4, 2017 of the Government on the management of animal feed and aquatic products;From 100 million VND to less than 300 million VNDAt the proposal of the Director of the Plant Protection Department, the General Director of the Fisheries General Department, and the Director of the Livestock Production Department;

Pursuant to the Fisheries Law dated November 21, 2017;

Decree No. 1The Minister of Agriculture and Rural Development issues this Circular amending and supplementing certain provisions of Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 and Circular No. 20/2017/TT-BNNPTNT dated November 10, 2017 issued by the Minister of Agriculture and Rural Development.rime Minister c;

Article 1. Amending and supplementing certain provisions of Circular No. 33/2014/TT-BNNPTNT dated October 30, 2014 of the Minister of Agriculture and Rural Development on the procedures and formalities for issuing plant quarantine certificates for imported, exported, and transiting goods subject to plant quarantine, and post-import plant quarantine.

1. Article 1 shall be amended and supplemented as follows:

1. Procedures and formalities for issuing plant quarantine certificates for imported, exported, and transiting goods subject to plant quarantine; post-import plant quarantine. 12. Guidelines for implementing plant quarantine and state inspection of food safety for imported consignments (consignment of goods) that require both plant quarantine and state inspection of imported food safety (state inspection of imported food).From 100 million VND to less than 300 million VND3. 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.

2. Clause 1 of Article 7 shall be amended as follows:

"Article 1. Scope of Regulation

This Circular stipulates on:

The owner of the goods submits (sends) one set of plant quarantine registration documents at the plant quarantine agency or through postal service or through the National Single Window mechanism (online)."

3. Supplementing Article 7a, Article 7b as follows:

"Article 7a. Documents, procedures, and formalities for plant quarantine and state inspection of food safety for imported goods of plant origin that require both plant quarantine and state inspection of food safety

1. The documents for plant quarantine registration and state inspection of food safety for imported goods of plant origin shall be implemented according to the provisions of Clause 2 and Clause 3 of Article 6 of this Circular and Clause 2 of Article 18 of Decree No. 15/2018/NĐ-CP dated February 2, 2018 of the Government detailing the implementation of certain provisions of the Law on Food Safety (hereinafter referred to as Decree No. 15/2018/NĐ-CP).

The application form for plant quarantine registration and state inspection of food safety for imported goods of plant origin shall be implemented according to the model prescribed in Appendix Ia attached to this Circular.

2. The procedures and formalities for plant quarantine and state inspection of food safety for imported goods of plant origin shall be implemented according to the provisions of Article 7 of this Circular and Article 19 of Decree No. 15/2018/NĐ-CP.

"Article 7a. Documents, procedures, and formalities for plant quarantine and food safety inspection of imported goods of plant origin that must undergo both plant quarantine and state inspection for food safety.

1. The application for plant quarantine and food safety inspection of imported goods of plant origin shall be carried out in accordance with the provisions of Clause 2 and Clause 3 of Article 6 of this Circular and Clause 2 of Article 18 of Government Decree No. 15/2018/NĐ-CP dated February 2, 2018 detailing certain provisions of the Food Safety Law (hereinafter referred to as Decree No. 15/2018/NĐ-CP).

The application for plant quarantine and food safety inspection of imported goods of plant origin shall be made in the form prescribed in Appendix Ia attached to this Circular.

2. The procedures for plant quarantine and food safety inspection of imported goods of plant origin shall be carried out in accordance with the provisions of Article 7 of this Circular and Article 19 of Government Decree No. 15/2018/NĐ-CP.

3. The Certificate of Plant Quarantine and Food Safety Inspection for imported goods of plant origin shall be issued in the form prescribed in Appendix IIa attached to this Circular for consignments not infected with plant quarantine pests or regulated non-quarantine pests of Vietnam or new harmful organisms and meeting the requirements for imported food safety."

Article 7b. Documents and procedures for plant quarantine and state quality inspection for imported animal feed and aquatic feed of plant origin that require both plant quarantine and state quality inspection.

1. The application for plant quarantine and state quality inspection of imported animal feed and aquatic feed of plant origin shall be carried out in accordance with Clause 2 and Clause 3 of Article 6 of this Circular and relevant laws on animal feed and aquatic feed.

The registration form for plant quarantine and confirmation of quality inspection of imported animal feed and aquatic feed of plant origin shall be implemented according to the model prescribed in Appendix Ib attached to this Circular.

2. The procedures for plant quarantine and state quality inspection of imported animal feed and aquatic feed of plant origin shall be carried out in accordance with Article 7 of this Circular and relevant laws on animal feed and aquatic feed.

The consignor (owner of the goods) shall submit one set of the application for plant quarantine and confirmation of quality inspection of imported animal feed and aquatic feed of plant origin to the plant quarantine agency or through postal service or via the National Single Window mechanism (online).

"Article 18a. Competence for State Quality Inspection of Imported Animal Feed and Aquatic Feed of Plant Origin

1. The Plant Protection Department shall be responsible for organizing the implementation of state quality inspections and receiving and processing administrative procedures related to the quality inspection of imported animal feed and aquatic feed of plant origin that require plant quarantine before clearance in accordance with laws on product quality and laws on animal feed and aquatic feed.

2. For imported compound animal feed and aquatic feed that have both plant and animal origins, the Plant Protection Department shall organize state quality inspections if requested by organizations or individuals (consignors). In necessary cases, the Plant Protection Department shall notify the Veterinary Department to coordinate in conducting inspections.

Article 18b. Responsibilities of Units Conducting State Quality Inspections of Imported Animal Feed and Aquatic Feed of Plant Origin That Require Plant Quarantine

1. The Plant Protection Department shall be responsible for providing monthly or ad hoc data on the results of state quality inspections of imported animal feed and aquatic feed of plant origin that require both plant quarantine and state quality inspection to the Fisheries General Department and the Livestock Service.

2. The Fisheries General Department and the Livestock Service shall immediately inform the Plant Protection Department of any violations regarding the quality of imported animal feed and aquatic feed of plant origin that require both plant quarantine and state quality inspection discovered during circulation in the market.

1. Supplement Clause 2a and Clause 3a of Article 9 as follows:

“2a. For imported animal feed that requires simultaneous administrative procedures for plant quarantine and state quality inspection of imported animal feed:

When the quality inspection result does not meet requirements, the designated inspection organization shall report the inspection result to the Plant Protection Department and simultaneously notify the inspected entity in writing through postal mail, fax, or email.

Within no more than seven working days from the date of receipt of the notification, if the inspected entity does not lodge a complaint about the inspection result, the Plant Protection Department will proceed to handle the violation in accordance with the law.

3a. Handling complaints about the results of quality inspections for imported animal feed that require simultaneous administrative procedures for plant quarantine and state quality inspection of imported animal feed:

If there is disagreement with the quality inspection results, the inspected entity has the right to request a re-inspection or re-analysis of the quality in writing to the Plant Protection Department.

The Plant Protection Department shall organize a re-test or take another sample (if necessary) and send it to another designated laboratory for inspection. This test result shall serve as the basis for final conclusions and handling.

In cases where there is a complaint about an inspection index and only one designated laboratory is available, the Plant Protection Department may send the test samples to laboratories abroad recognized by international or regional accreditation organizations or designated and recognized by the Ministry of Agriculture and Rural Development.

2. Supplement Clause 4 of Article 11 as follows:

“4. The Plant Protection Department shall be responsible for organizing the implementation of state quality inspections and receiving and processing administrative procedures related to the quality inspection of imported animal feed and aquatic feed of plant origin that require plant quarantine before clearance in accordance with Decree No. 39/2017/NĐ-CP dated April 4, 2017 of the Government on the management of animal feed and aquatic feed.

Article 3. Effectiveness

1. This Circular shall take effect from January 1, 2019.

2. Repeal Article 1 of Circular No. 30/2017/TT-BNNPTNT dated December 29, 2017 of the Minister of Agriculture and Rural Development 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 the procedures and formalities for import, export, transit, and post-import quarantine of objects subject to plant quarantine and amending Clause 3 of Article 2 of Circular No. 18/2016/TT-BNNPTNT dated June 24, 2016 on strategic environmental assessment and environmental impact assessment managed by the Ministry of Agriculture and Rural Development.

Article 4. Transitional Provisions

1. During the period before the software for simultaneously performing plant quarantine procedures and feed quality inspection for imported plant-based animal feed and aquatic feed on the National Single Window Mechanism is completed, the Fisheries General Department and the Livestock Production Department shall continue to implement administrative procedures related to state inspections of the quality of imported plant-based animal feed and aquatic feed through the National Single Window Mechanism for a maximum period of six months from the date this Circular takes effect.

2. Cases that have received approval documents for applying temporary exemption inspection regimes or reduced inspection regimes from the Fisheries General Department and the Livestock Production Department prior to the simultaneous implementation of plant quarantine procedures and feed quality inspection for imported plant-based animal feed and aquatic feed on the National Single Window Mechanism shall continue to apply these inspection regimes until the documents expire.

3. Registration files for quality inspection, application files for applying temporary exemption inspection regimes or reduced inspection regimes for imported plant-based animal feed and aquatic feed subject to plant quarantine submitted to the Fisheries General Department and the Livestock Production Department before the simultaneous implementation of plant quarantine procedures and feed quality inspection for imported plant-based animal feed and aquatic feed on the National Single Window Mechanism shall be continued to be processed according to the provisions of the law by the Fisheries General Department and the Livestock Production Department.

4. During the period when there are no national technical regulations on animal feed and aquatic feed, the basis for inspecting the quality of imported plant-based animal feed and aquatic feed shall be the published standards.

The Fisheries General Department and the Livestock Production Department are responsible for drafting and submitting for promulgation national technical regulations on animal feed and aquatic feed in accordance with the law, which must take effect from January 1, 2020.

State-owned enterprises that have been assigned by the Ministry of Agriculture and Rural Development to conduct offshore wind power project surveys before the effective date of this Circular shall continue to implement according to the assigned documents; any new matters arising after the effective date of this Circular shall be implemented in accordance with the provisions of this Circular.

1. The Director of the Plant Protection Department, the General Director of the Fisheries General Department, the Director of the Livestock Production Department, and the heads of units, organizations, and individuals concerned are responsible for implementing this Circular.

1. The Director of the Livestock Production Department and heads of relevant units, organizations, and individuals are responsible for implementing this Circular.