Circular No. 35/2015/TT-BNNPTNT on domestic plant quarantine

CIRCULAR

Regulations on domestic plant quarantinea

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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;

The Minister of Agriculture and Rural Development issues this Circular on domestic plant quarantine.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the contents of domestic plant quarantine throughout the country.

Article 2. Applicability

This Circular applies to organizations and individuals within the country and foreign organizations and individuals engaged in domestic plant quarantine activities in Vietnam.

Article 3. Fees and charges

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

CONTENTS OF DOMESTIC PLANT QUARANTINE WORK

Article 4. Management of newly imported crop seeds

1. Check the Certificate of Plant Quarantine for imported, transited, and domestically transported new crop seed lots according to the notification of the plant quarantine agency at the border gate.

2. Conduct investigation and monitoring of harmful organisms on newly imported crop seeds at the planting location according to the notification of the plant quarantine agency at the border gate or the declaration of the subject of the object in the locality. When discovering regulated plant pests or organisms requiring control in Vietnam or unknown harmful organisms, the local Crop Production and Plant Protection Sub-department must take thorough measures and report immediately to the Regional Plant Protection Sub-department.

3. Investigation and monitoring results shall be recorded in a record book according to the model prescribed in Appendix I attached to this Circular.

4. The monitoring period for short-term imported new crop seeds is one production season, and for perennial crops, it is one year.

Article 5. Management of beneficial organisms imported

1. Check the Certificate of Plant Quarantine for imported, transited, and domestically transported beneficial organisms issued by the authorized plant quarantine agency.

2. Monitor and supervise the usage sites and scope of beneficial organisms imported in the locality.

Article 6. Establishment of pest-free zones

1. Establish pest-free zones on key crops with export potential in the locality, meeting the plant quarantine requirements of importing countries.

2. Apply measures to maintain established pest-free zones.

Article 7. Management of disease foci and disease areas

1. Management of disease foci of regulated plant pests.

When disease foci of regulated plant pests appear in the locality, the local Crop Production and Plant Protection Sub-department must apply thorough measures to limit the spread of regulated plant pests, promptly report to the Regional Plant Protection Sub-department, and guide and supervise the subject of the object to implement handling measures in accordance with regulations. Regularly check and monitor the treated disease foci.

2. Management of disease areas of regulated plant pests

a) The provincial Crop Production and Plant Protection Sub-department must quickly determine the boundaries of the disease area, report to the competent authority to declare the disease, establish quarantine checkpoints, specify quarantine locations, and carry out quarantine procedures for objects under plant quarantine being transported from the disease area, and inform the neighboring provinces' Crop Production and Plant Protection Sub-departments;

b) Inspect and monitor consignments of objects under plant quarantine coming from or passing through the disease area.

3. Management of objects under plant quarantine transported from areas infected with regulated plant pests

a) Objects under plant quarantine transported from areas infected with regulated plant pests must be quarantined by the local Crop Production and Plant Protection Sub-department in accordance with regulations;

b) The procedures and documentation for plant quarantine shall be carried out in accordance with Article 8 of this Circular.

Article 8. Documents and procedures for plant quarantine of consignments transported from areas infected with quarantine pests

1. Plant quarantine registration documents

The plant quarantine registration form according to the model prescribed in Appendix V issued together with this Circular.

2. Plant quarantine registration

The subject of the consignment shall directly submit one set of plant quarantine registration documents to the nearest plant quarantine authority.

3. Acceptance and examination of documents

The plant quarantine authority is responsible for immediately accepting and examining the validity of the documents in accordance with the regulations.

4. Inspection of consignments

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.

b) Detailed inspection Inspect inside the consignment and take samples according to the national technical regulation QCVN 01-141:2013/BNNPTNT on methods for taking quarantine plant samples; collect objects showing symptoms of damage and harmful organisms; analyze and examine the collected consignment and harmful organism samples.

5. Issuance of the Plant Quarantine Certificate

a) The plant quarantine authority issues the Plant Quarantine Certificate for import, transit, and domestic transportation (according to the model prescribed in Appendix II issued together with Circular No. 33/2014/TT-BNNPTNT) within 24 hours from the start of the quarantine. In cases where the quarantine takes longer than 24 hours due to technical requirements, the plant quarantine authority must notify or respond in writing and clearly state the reasons to the subject of the consignment under quarantine.

b) If the consignment does not meet the requirements for domestic plant quarantine, the plant quarantine authority will not issue the Plant Quarantine Certificate and must inform the subject of the consignment.

Article 9. Management of harmful organisms on consignments subject to plant quarantine stored in warehouses

1. Conduct surveys and monitor harmful organisms on consignments subject to plant quarantine stored in warehouses and at production, processing, manufacturing, and consumption facilities for plants to detect quarantine pests and new harmful organisms in Vietnam. Survey and monitoring results are recorded in the model report in Appendix II issued together with this Circular.

2. When harmful organisms that are quarantine pests or new harmful organisms are discovered, the Crop Production and Plant Protection Division must report to the Regional Plant Quarantine Division, and simultaneously guide and supervise the subject of the consignment to implement handling measures as prescribed.

Article 10. Management of consignments infected with quarantine pests treated at border gates and brought back for local use

1. Closely monitor the infection status of harmful organisms on consignments that have been treated at border gates and transported back to localities as notified by the border plant quarantine authority.

2. In cases where quarantine pests, regulated non-quarantine pests, or new harmful organisms are found on these consignments, measures must be taken to thoroughly eliminate harmful organisms according to regulations and immediately report to the Regional Plant Quarantine Division.

Article 11. Management of harmful organisms listed in the control object directory and the Plant Quarantine Group II Directory

1. Implement the investigation program to detect quarantine objects under Group II - The Plant Quarantine Object Directory of the Socialist Republic of Vietnam (annexed by Circular No. 35/2014/TT-BNNPTNT) on plant quarantine objects and control objects on crop seeds at localities.

2. When detecting quarantine objects under Group II and control objects of Vietnam, thorough measures must be applied according to regulations and immediately reported to the Plant Quarantine Regional Office.

Article 12. Supervision of plant quarantine objects stored locally

The Crop Production and Plant Protection Department supervises the handling activities of plant quarantine objects stored locally based on notifications from organizations engaged in plant quarantine object handling.

Article 13. Coordination with the Plant Quarantine Regional Office

The Crop Production and Plant Protection Department coordinates with the Plant Quarantine Regional Office to implement plant quarantine work for import and export according to specific requirements.

Chapter III

IMPLEMENTATION

Article 14. Responsibilities of the Plant Protection Department

The Director of the Plant Protection Department is responsible for assisting the Minister of Agriculture and Rural Development in directing, guiding, and inspecting specialized agencies for plant protection and quarantine at provincial level, subordinate units of the Department, relevant organizations and individuals in organizing and implementing domestic plant quarantine work in accordance with the provisions of this Circular.

Article 15. Responsibilities of the Provincial Department of Agriculture and Rural Development

1. Within their scope and authority, the Directors of the Provincial Departments of Agriculture and Rural Development assist the People's Committees of provinces and centrally-administered cities in inspecting and supervising the implementation of domestic plant quarantine work according to the provisions of this Circular.

2. Propose to the People's Committees of provinces and centrally-administered cities to establish domestic plant quarantine stations under provincial specialized agencies for plant protection and quarantine (according to standards stipulated in Appendix IV annexed to this Circular), allocate human resources and invest in equipment; provide annual funding to carry out domestic plant quarantine work.

Article 16. Responsibilities of the Plant Quarantine Regional Offices and the Crop Production and Plant Protection Department

1. Responsibilities of the Plant Quarantine Regional Office

a) Guide and urge provincial specialized agencies for plant protection and quarantine within its jurisdiction to implement domestic plant quarantine work;

b) Train on professional and technical matters related to domestic plant quarantine for local plant protection and quarantine agencies;

c) Provide necessary information related to domestic plant quarantine work to provincial plant protection agencies.

2. Responsibilities of the Crop Production and Plant Protection Department

a) Develop annual plans and budget estimates for domestic plant quarantine work;

b) Direct domestic plant quarantine stations to carry out domestic plant quarantine work and guide the subjects to comply with domestic plant quarantine regulations;

c) Report periodically monthly, quarterly, annually, or as required to the Plant Quarantine Regional Office and the Provincial Department of Agriculture and Rural Development.

Article 17. Responsibilities of the subject of objects under plant quarantine

1. Submit a written declaration to the local plant protection and quarantine agency regarding new crop varieties and beneficial organisms imported for supply and use locally, in accordance with the form prescribed in Appendix III attached hereto.

2. Regularly monitor pest situations on stored agricultural and forestry products; in case of suspicion of infection by quarantine pests or regulated non-quarantine pests, timely report to the local plant protection and quarantine agency for inspection and guidance on handling measures.

3. Facilitate plant quarantine officers in performing their duties as prescribed.

4. Implement measures for objects under plant quarantine according to the guidance of the competent plant quarantine authority.

5. Provide relevant information about objects under plant quarantine when requested by the plant quarantine agency.

Article 18. Effective Date

This Circular takes effect from November 30, 2015.

Repeals Circular No. 88/2007/TT-BNN dated November 1, 2007, issued by the Minister of Agriculture and Rural Development guiding the implementation of domestic plant quarantine work.

Article 19. Implementation

The Director of the Plant Protection Department is responsible for organizing the implementation of this Circular.

During the implementation process, if related documents cited in this Circular are amended, supplemented, or replaced, they shall be implemented according to the newly amended, supplemented, or replaced documents.

During the implementation process, if there are any difficulties, it is recommended that agencies, organizations, and individuals promptly reflect them to the Ministry of Agriculture and Rural Development (Plant Protection Department) for consideration and resolution./.