Decision No. 37/2002/QD-BNNPTNT on the issuance of regulations on the organization and operation of the Plant Protection Chemical Advisory Council

 REGULATIONS

ORGANIZATION AND OPERATIONS OF THE PLANT PROTECTION CHEMICAL ADVISORY COUNCIL
(Issued together with Decision No. 37/2002/QĐ-BNN-BVTV dated May 15, 2002 of the Minister of Agriculture and Rural Development)

I. FUNCTIONS AND DUTIES OF THE COUNCIL:

Article 1. Functions:

The Plant Protection Chemical Advisory Council is an advisory body to the Minister of Agriculture and Rural Development in the field of registering plant protection chemicals; advising the Minister of Agriculture and Rural Development to decide on issuing lists of permitted, prohibited, and restricted plant protection chemicals for use in Vietnam.

Article 2. Duties and Powers of the Plant Protection Chemical Advisory Council:

Advising on standards, quality, types, forms of plant protection chemicals permitted for use; advising on restricting or prohibiting the use of highly toxic and difficult-to-degrade plant protection chemicals in Vietnam;

Providing technical advice to ensure effective and safe use of plant protection chemicals for people and the environment;

Reviewing registered chemicals to promptly propose supplements or changes to align with usage conditions in Vietnam.

II. ORGANIZATION AND METHODS OF OPERATION OF THE PLANT PROTECTION CHEMICAL ADVISORY COUNCIL.

Article 1. Organization :

The Plant Protection Chemical Advisory Council consists of representatives of the Ministry of Agriculture and Rural Development and representatives of relevant ministries and sectors invited as council members.

The council has a chairman, vice-chairman, members, a secretariat, and an evaluation team.

Article 2. Duties and Powers of the Council

1- The Chairman has the following duties and powers:

Determining the agenda and chairing council meetings, including deciding to invite additional participants outside the council;

Signing documents within the scope of the council's duties and submitting them to the Ministry of Agriculture and Rural Development;

Handling council matters between meetings.

2- The Vice-Chairman has the following duties and powers:

Acting on behalf of the Chairman to handle council matters when authorized by the Chairman.

3- Members have the following duties and powers:

Participating in meetings, discussing, and contributing opinions either in writing or directly to council matters;

Being provided and using relevant technical materials related to council work;

During their term, if a regular member of the council retires or transfers, they may propose and obtain written approval from their managing authority to replace another member from the same unit.

Article 3. The evaluation team for new plant protection product trials:

The team is responsible for evaluating the results of new plant protection product trials before the Plant Protection Product Advisory Board convenes. Based on the trial results, the team has the authority to recommend to the Advisory Board whether to approve or not approve the registration of that type of drug in Vietnam.

Article 4. The secretariat team is responsible for:

Compiling opinions on the evaluation results of biological efficacy tests and presenting them to the review board;

Ensuring the accuracy and reliability of information about active ingredients and commercial products provided by manufacturers;

Recording minutes, keeping records, and preserving materials from meetings of the Board;

Drafting documents related to the registration of plant protection products for the Chairman to submit to the Minister for signature;

Handling administrative tasks (documents, printing, meeting venue preparation) of the Board.

Article 5. Operation mode of the Board.

Each quarter, the Board convenes once at an appropriate time to advise the Minister of Agriculture and Rural Development on officially registering plant protection products for use, restricted use, or prohibition within the territory of Vietnam through a secret ballot. Extraordinary meetings may be held when necessary. Resolutions of the Board are valid if at least 75% of the attending members agree;

For types of plant protection products that international organizations warn have adverse effects on human health, the environment, and aquatic life, approval must be obtained from the member of the Plant Protection Product Advisory Board belonging to the relevant ministry or sector;

At least 7 to 10 days prior to the meeting, members of the Board are informed of the meeting agenda and provided with relevant information and documents. Written contributions from Board members are sent to the secretariat for compilation and explanation during the Board's meeting;

Between sessions, upon request from the Minister of Agriculture and Rural Development, the Board may consider additional registrations of plant protection products once through written consultation;

The working method of the Board at meetings involves democratic and open discussion followed by a secret ballot;

All opinions expressed at meetings are recorded in minutes and stored by the secretariat. Subsequently, a summary of the minutes must be submitted to the Ministry of Agriculture and Rural Development for reporting. Minutes are valid only if signed by the Chairperson and the Secretariat.

Article 6. Remuneration System.

Regular members and invited members of the Plant Protection Product Advisory Board are entitled to remuneration for each session and registration review period according to current regulations.