Ordinance No. 36/2001/PL-UBTVQH10 on Plant Protection and Quarantine

ORDINANCE

Law No. 36/2001/PL-UBTVQH10 dated July 25, 2001

Plant Protection and Quarantine

To strengthen the effectiveness of state management, enhance the efficiency of plant resource pest prevention and control, contribute to the development of modern and sustainable agricultural production, protect public health, protect the environment, and maintain ecological balance;

Based on the Constitution of the Socialist Republic of Vietnam in 1992;

Based on the Resolution of the tenth session of the National Assembly's eighth meeting on the legislative program for 2001;

This Ordinance stipulates on plant protection and quarantine.

PART I
GENERAL PROVISIONS

Article 1

Plant protection and quarantine as defined in this Ordinance include plant resource pest prevention and control, plant quarantine, and pesticide management.

Article 2

This Ordinance applies to organizations and individuals in Vietnam, foreign organizations and individuals engaged in plant resource production, business, use, and other activities related to plant protection and quarantine within the territory of Vietnam, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise, in which case such treaties shall apply.

Article 3

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

1- Plant resources include useful plants and useful plant products;

2- Pests include microorganisms, insects, weeds, rodents, and other organisms harmful to plant resources;

3- Alien pests are pests that have not been scientifically identified and have not been previously found in the country;

4- Beneficial organisms include fungi, insects, animals, and other organisms that limit the damage caused by pests to plant resources;

5- The subject of plant quarantine is a type of pest with potential to cause serious harm to plant resources in a region where such a pest has not yet appeared or appears with limited distribution;

6- Objects subject to plant quarantine include plants, plant products, production, storage, transportation equipment, or other objects capable of carrying the subject of plant quarantine;

7- The owner of plant resources is an organization or individual having ownership rights, usage rights, or direct management over such plant resources;

8- The owner of objects subject to plant quarantine is an organization or individual having ownership rights, usage rights, or direct management over such objects subject to plant quarantine;

9- Plant protection chemicals are formulations derived from chemicals, plants, animals, microorganisms, and other substances used for the prevention and control of pests affecting plant resources;

10- Plant seeds include seeds, tubers, plants, parts of plants, or other biological materials used as seeds;

11- Imported plant seeds are seeds imported from abroad for research and planting in the country.

Article 4

Plant protection and quarantine shall be carried out according to the following principles:

1- Prevention is primary; detection and eradication must be timely and thorough; ensuring the effectiveness of pest prevention and control, safety for human health; minimizing environmental pollution, maintaining ecological balance;

2- Combining short-term benefits with long-term benefits, ensuring common interests of society;

3- AApplying scientific and technological progress, combining modern science and technology with people's experience.

Article 5

The State creates conditions for domestic and foreign organizations and individuals to invest in plant resource pest prevention and control.

The State encourages investment in research, production, business, and use of plant protection chemicals of biological origin with low toxicity and integrated pest management methods.

Article 6

State agencies, economic organizations, political organizations, socio-political organizations, social organizations, occupational associations, and all citizens have the responsibility to implement the provisions of this Ordinance.

Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The Vietnam Fatherland Front and its member organizations within their respective duties and powers have the responsibility to promote, mobilize the people to comply with and supervise the implementation of laws on plant protection and quarantine.

, Clause 1, Clause 2 Article 7a of this Regulation.

Strictly prohibit any acts causing harm to plant resources, public health, the environment, and the ecosystem.

PART II
PREVENTION AND CONTROL OF PLANT RESOURCE PESTS

Article 8

Prevention and control of plant resource pests must be carried out regularly, comprehensively, and promptly in research, experimental, production, exploitation, processing, preservation, trading, use, export, import, temporary import for re-export, temporary export for re-import, transit, and other activities related to plant resources.

Article 9

Prevention and control of plant resource pests include:

1- Surveying, detecting, forecasting, and reporting on the potential, time of occurrence, distribution range, and degree of damage caused by pests;

2- Deciding and guiding the implementation of pest prevention and control measures;

3- Guiding the application of scientific and technological progress in pest prevention and control.

Article 10

The owner of plant resources has the following rights and obligations:

1- Requesting competent state authorities on plant protection and quarantine to report on pest situations in the area and guide the implementation of preventive and control measures;

2- Proactively developing and implementing plans for pest prevention and control;

3- Reporting to competent state authorities on plant protection and quarantine when discovering pests with potential to cause serious damage to plant resources;

4- AApplying appropriate measures within their capacity to effectively prevent and control plant resource pests, preventing their spread and damage to others' plant resources;

5- ATimely applying preventive and control measures to protect plant resources as required by competent state authorities on plant protection and quarantine.

Article 11

1- When there are signs that pests may develop into an epidemic, competent state authorities on plant protection and quarantine must quickly identify and guide the owner of plant resources to implement timely preventive and control measures;

2- When pests rapidly increase in number, density, and wide distribution, posing a risk of serious damage to plant resources within the scope of a province or centrally-administered city, the Chairman Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).The People's Committee of the province or centrally governed city shall examine and decide to announce the epidemic and report to the Minister of Agriculture and Rural Development. In cases where the epidemic area spans two or more provinces, the Minister of Agriculture and Rural Development shall examine and decide to announce the epidemic and report to the Prime Minister.

Article 12

Responsibilities of state agencies, organizations, and individuals when there is a decision to announce an epidemic:

1- The Minister of Agriculture and Rural Development shall guide and direct localities affected by the epidemic to quickly extinguish the epidemic and prevent its spread to other regions; based on the severity of the epidemic, decide or propose the Prime Minister to decide on necessary measures to extinguish the epidemic;

2- Chairperson Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of people's committees at all levels in areas affected by the epidemic must organize and direct relevant agencies to cooperate with social organizations, mobilize the people in the affected area to immediately implement effective measures to extinguish the epidemic and prevent its spread to other regions. Based on the dangerous nature and extent of the spread of the epidemic, the Chairperson Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).of the people's committee in the affected area shall report to the immediate superior authority to apply necessary measures to extinguish the epidemic, mitigate consequences, and prevent recurrence of the epidemic;

3- Owners of plant resources, organizations, and individuals related to the affected area must implement measures to extinguish the epidemic according to the guidance of the competent authority.

When the epidemic ends, the person who issued the decision to announce the epidemic shall revoke that decision.

Article 13

Strictly prohibited are the following acts:

1- Using plant protection measures that can be harmful to people, beneficial organisms, and destroy the environment and ecosystems;

2- Having the ability to apply but not applying measures to prevent the spread of harmful organisms into an epidemic, destroying plant resources;

3- Selling and using products with pesticide residues exceeding permissible limits;

4- Importing, exporting, producing, transporting, storing, selling, and using plant seeds infected with serious pests or carrying dangerous pests;

CHAPTER III
PLANT EPIDEMIC CONTROL

Article 14

1- Plant quarantine work must ensure accurate, quick, and timely detection and conclusion regarding the situation of plant pest infection in objects subject to plant quarantine.

2- Plant quarantine work includes:

a) Implementing inspection measures for objects subject to plant quarantine;

b) Deciding on appropriate handling measures for objects infected with plant quarantine pests;

c) Supervising and confirming the implementation of handling measures;

d) Investigating, monitoring, and supervising the situation of harmful organisms on imported plant seeds and stored plant products;

đ) Disseminating and guiding methods for detecting and identifying plant quarantine pests, rules, and quarantine measures;

3- Plant protection and quarantine agencies shall be equipped with necessary and modern means to ensure the performance of assigned tasks.

Article 15

During each period, the Minister of Agriculture and Rural Development shall determine and announce the List of Plant Quarantine Pests and the List of Objects Subject to Plant Quarantine.

Article 16

The owner of objects subject to plant quarantine must monitor the infection status of harmful organisms in their objects subject to plant quarantine.

Upon discovering or suspecting the presence of listed plant quarantine pests or unknown harmful organisms, the owner of the object must take necessary measures to eliminate and prevent the spread, and immediately report to the competent state agency for plant protection and quarantine or the nearest local authority.

Article 17

1- Upon discovering listed plant quarantine pests or unknown harmful organisms, the competent state agency for plant protection and quarantine must decide on measures to isolate and eliminate these pests and require the owner of the object to immediately implement these measures;

2- In cases where plant quarantine pests or unknown harmful organisms spread into an epidemic, the competent state agency for plant protection and quarantine must immediately report to the competent authority to decide to announce the epidemic in accordance with Article 11 of this Ordinance.

Article 18

1- Plant quarantine shall be conducted on all objects subject to plant quarantine that are imported, temporarily imported for re-export, or temporarily exported for re-import;

2- In cases where plant quarantine pests are discovered, they shall be handled as follows:

a) If the object is infected with a plant quarantine pest not present in Vietnam and listed in the List of Plant Quarantine Pests of Vietnam, it shall not be allowed to be imported and must be returned to the place of origin or destroyed;

b) If the object is infected with a plant quarantine pest with a narrow distribution in Vietnam and listed in the List of Plant Quarantine Pests of Vietnam or other unknown harmful organisms, before being brought into the country, thorough treatment measures decided by the competent state agency for plant protection and quarantine must be implemented;

3- In cases where there is insufficient evidence to conclude the infection status of objects subject to plant quarantine, they must be strictly quarantined at a designated location. Within the time limit prescribed by the Government, the competent state agency for plant protection and quarantine must make a conclusion so that the object may be permitted for use or dealt with in accordance with point a or point b of Clause 2 of this Article.

Article 19

1- Beneficial organisms and plant resources imported for use as seed or potentially usable as seed must be closely inspected, monitored, and tracked by the competent state agency for plant protection and quarantine in accordance with laws on plant protection and quarantine;

2- Beneficial organisms and plant resources imported for use as seed or potentially usable as seed when transported from one locality to another must be reported by the owner of the object to the competent state agency for plant protection and quarantine of the destination locality for monitoring and supervision.

3- New plant varieties, imported for the first time, must be planted at a designated location to monitor pest conditions. They may only be introduced into production after the competent state agency on plant protection and quarantine concludes that they do not carry any plant quarantine objects of Vietnam.

Article 20

1- Plant quarantine inspections shall be conducted on exportable objects subject to plant quarantine if such inspections are required under the sales contract or international agreement to which the Socialist Republic of Vietnam is a party.

2- In cases where objects subject to plant quarantine fail to meet the quarantine standards even after undergoing treatment measures, the competent state agency on plant protection and quarantine shall not issue a plant quarantine certificate.

Article 21

Organizations and individuals must obtain the consent of the competent state agency on plant protection and quarantine before bringing objects subject to plant quarantine through the territory of Vietnam, and must implement measures to prevent dangerous pests from spreading into Vietnam from these objects.

In case of spread, the owner of the object must immediately report to the nearest competent state agency on plant protection and quarantine in Vietnam and must implement plant protection and quarantine measures as prescribed by Vietnamese law.

Article 22

1- Organizations and individuals importing, exporting, temporarily importing for re-export, temporarily exporting for re-import, or transiting objects subject to plant quarantine as specified in Clause 1 of Article 18, Clause 1 of Article 20, and Article 21 of this Ordinance must declare to the competent state agency on plant protection and quarantine at land border crossings, railway stations, river ports, sea ports, airports, and postal services, and must undergo inspection and obtain a plant quarantine certificate from this agency.

2- Upon receiving the declaration form, the competent state agency on plant protection and quarantine will decide and notify the owner of the object about the location and time for conducting the quarantine based on the nature, quantity, and type of goods.

3- The plant quarantine inspection must be carried out immediately after the object subject to plant quarantine is brought to the location specified by the competent state agency on plant protection and quarantine.

4- The Government shall specify detailed regulations and standards for plant quarantine for objects subject to plant quarantine when being exported, imported, temporarily imported for re-export, temporarily exported for re-import, or transiting.

Article 23

If objects subject to plant quarantine from abroad are scattered, discarded, or enter Vietnam unintentionally, the owner of the object or the person who discovers it must immediately report to the nearest competent state agency on plant protection and quarantine in Vietnam for handling.

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

Organizations and individuals implementing fumigation disinfection measures for objects subject to plant quarantine must have a practice certificate and other conditions as prescribed by the Government.

Article 25

When performing quarantine duties, officers must wear uniforms, insignia, badges, and quarantine cards as prescribed by the Government.

Article 26

The owner of objects subject to plant quarantine must pay fees and charges for plant protection and quarantine according to the provisions of the law.

Article 27

Strictly prohibited are the introduction into Vietnam or the spread between regions within the country of:

1- Quarantine objects listed in the published directory;

2- Unfamiliar pests;

3- Soil containing pests.

PART IV
MANAGEMENT OF PLANT PROTECTION CHEMICALS

Article 28

Plant protection chemicals are restricted goods, subject to conditional trading. The State uniformly manages the production, export, import, storage, reserve, transportation, trade, and use of plant protection chemicals in accordance with the law.

The State has preferential policies for research, investment, production, trade, and use of biological origin plant protection chemicals that cause less harm.

Article 29

The Ministry of Agriculture and Rural Development shall be responsible for:

1- Regulations on testing and registration for circulation of new plant protection chemicals in Vietnam;

2- Issuance of test permits for new plant protection chemicals and certificates of registration for plant protection chemicals in Vietnam;

3- Annually publishing specific lists of plant protection chemicals permitted for use, those with restricted use, and those banned for use in Vietnam.

Article 30.

1- The production, processing, bottling, packaging, storage, preservation, transportation, trade, use, and disposal of plant protection chemicals must ensure safety for people, crops, livestock, and the environment;

2- In cases where plant protection chemicals spill or leak, the person causing it or the direct manager must promptly apply remedial measures as prescribed by law; if the spill or leak is large enough to cause serious consequences, they must immediately report to the competent state agency on plant protection and quarantine, environmental protection agencies, local authorities, or relevant agencies for handling and bear responsibility as prescribed by law;

3- Any person discovering the spill or leakage of plant protection chemicals must immediately report to the state management agency on plant protection and quarantine or Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).the People's Committee of the nearest locality.

Article 31

1- Direct managers and traders of plant protection chemicals in production, processing, bottling, packaging, and trade sectors must have a practice certificate and other conditions as prescribed by the Government;

2- The issuance of foreign investment licenses in production, processing, bottling, and packaging of plant protection chemicals in Vietnam must have the written opinion of the Ministry of Agriculture and Rural Development;

3- Importing plant protection chemicals not included in the list of permitted use for testing purposes or for use in foreign investment projects where such use is allowed, and plant protection chemicals in the restricted use list, requires a permit from the Ministry of Agriculture and Rural Development.

Article 32

1- Organizations and individuals importing, producing, processing, bottling, packaging, trading in plant protection chemicals must ensure quality standards as registered with the competent state agency on plant protection and quarantine, and must affix labels and trademarks in compliance with legal regulations.

2- Organizations and individuals using plant protection chemicals must comply with the specified objects, types, dosages, concentrations, usage times, validity periods, isolation periods, and permitted scopes.

3- Organizations and individuals using plant protection chemicals must ensure safety for people, crops, livestock, food hygiene and safety, the environment, and bear responsibility for the improper use of plant protection chemicals as stipulated in Clause 2 of this Article.

Article 33

1- Plant protection chemicals subject to destruction or return to their place of origin include:

a) Plant protection chemicals listed in the prohibited use catalog in Vietnam;

b) Counterfeit plant protection chemicals;

c) Expired plant protection chemicals that have lost their efficacy;

d) Plant protection chemicals of unknown origin;

đ) Plant protection chemicals not included in the permitted use catalog in Vietnam.
The Government shall specify in detail the types of chemicals subject to destruction or return to their place of origin.

2- The destruction of chemicals and chemical packaging must be carried out in accordance with the Government's regulations and supervised and confirmed by state agencies responsible for plant protection and quarantine, environmental protection agencies, and local authorities.

3- Organizations and individuals importing, producing, or trading in plant protection chemicals subject to destruction or return to their place of origin must bear all related costs.

Article 34

The storage of plant protection chemicals is regulated as follows:

1- AT At the central level, there shall be national reserves of plant protection chemicals;

2- AT At provincial and centrally-administered city levels, there shall be local reserves of plant protection chemicals.

The establishment, management, and use of plant protection chemical reserves shall be regulated by the Government.

Article 35

Strictly prohibit the following acts:

1- Producing, processing, bottling, packaging, importing, storing, transporting, trading, and using plant protection chemicals listed in the prohibited use catalog; counterfeit plant protection chemicals; plant protection chemicals of unknown origin; plant protection chemicals with labels or trademarks not in compliance with the law; plant protection chemicals outside the restricted use and permitted use catalogs in Vietnam, except when imported according to the provisions of Clause 3, Article 31 of this Ordinance;

2- Importing, trading, and using expired plant protection chemicals;

3- Advertising plant protection chemicals prohibited from use, restricted use, outside the permitted use catalog, or not in accordance with registered content.

CHAPTER V
STATE MANAGEMENT OF PLANT PROTECTION AND QUARANTINE

Article 36

State management of plant protection and quarantine includes:

1- Developing and directing the implementation of plans and programs for plant protection and quarantine;

2- Issuing and organizing the implementation of legal documents on plant protection and quarantine;

3- Monitoring, detecting, verifying harmful organisms affecting plant resources; directing measures to prevent and control outbreaks of harmful organisms affecting plant resources; deciding to declare and revoke declarations of outbreaks;

4- Implementing plant quarantine activities;

5- Organizing registration, testing, and trials of plant protection chemicals;

6- Issuing, revoking trial permits for new plant protection chemicals, import permits for restricted use or non-listed plant protection chemicals, phytosanitary certificates, registration certificates for plant protection chemicals, business operation certificates for plant protection chemicals, fumigation disinfection operation certificates;

7- Organizing scientific research, training, and professional development in plant protection and quarantine;

8- Promoting and disseminating laws and knowledge on plant protection and quarantine;

9- Inspecting, investigating, handling violations, and resolving complaints and reports in the field of plant protection and quarantine;

10- International cooperation in the field of plant protection and quarantine.

Article 37

1- The Government shall uniformly manage state affairs regarding plant protection and quarantine throughout the country;

2- The Ministry of Agriculture and Rural Development shall be responsible before the Government for managing state affairs regarding plant protection and quarantine nationwide;

3- Ministries, ministerial-level agencies, and government agencies within their respective duties and powers shall manage state affairs regarding plant protection and quarantine;

4- Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).People's Committees at all levels shall manage state affairs and direct plant protection and quarantine activities in conjunction with agricultural extension activities within their jurisdictions according to the Government's decentralization;

5- The specialized system for plant protection and quarantine shall be organized from the central to local levels. The Government shall specify in detail the organization, tasks, and powers of specialized agencies for plant protection and quarantine.

Article 38

Plant protection and quarantine inspection is specialized inspection.

Specialized plant protection and quarantine inspectors are responsible for inspecting compliance with laws on preventing and controlling harmful organisms affecting plant resources, plant quarantine, plant protection chemical management, and recommending preventive and blocking measures against illegal acts concerning plant protection and quarantine.

The organization and operation of specialized plant protection and quarantine inspectors shall be regulated by the Government.

Article 39

Organizations and individuals have the right to complain about violations of laws on plant protection and quarantine to competent state management agencies.

Individuals have the right to report violations of laws on plant protection and quarantine to competent state management agencies.

The resolution of complaints and reports about violations of laws on plant protection and quarantine shall be implemented in accordance with the law on complaints and reports.

Chapter VI
REWARD AND VIOLATION HANDLING

Article 40

Organizations and individuals who achieve outstanding results in protecting plant resources, preventing and controlling harmful organisms, or discovering and preventing illegal acts concerning plant protection and quarantine shall be rewarded according to the law.

Article 41

Any person violating the provisions of this Ordinance, forging permits, certificates, or professional practice certificates in the field of plant protection and quarantine, or violating other laws on plant protection and quarantine shall be administratively sanctioned or criminally prosecuted according to the nature and degree of violation as prescribed by law.

Article 42 |||

Any person who abuses their position, authority, or misuses their authority in issuing, revoking licenses, certificates, or practice certificates in the field of plant protection and quarantine contrary to the provisions of the law; lacks a sense of responsibility or abuses their position, authority in enforcing laws on plant protection and quarantine; covers up for violators or violates other provisions of the law on plant protection and quarantine shall be subject to disciplinary action or criminal liability追究法律责任，视其违法性质和程度而定。

1. The "Labor Medal" second class shall be awarded or posthumously awarded to individuals meeting one of the following criteria:

Any person who violates the law on plant protection and quarantine causing damage to the State, organizations, or individuals, in addition to being handled according to the provisions of Article 41 or Article 42 of this Ordinance, must also compensate according to the provisions of the law.

Chapter VII
IMPLEMENTING PROVISIONS

Article 44 |||

This Ordinance takes effect from January 1, 2002.
This Ordinance replaces the Plant Protection and Quarantine Ordinance which was Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).approved by the Standing Committee of the National Assembly on February 4, 1993.

Previous regulations contrary to this Ordinance are abolished.

Article 45 |||

The Government shall provide detailed regulations and guidance for the implementation of this Ordinance./.